Chapter 11.29 — UNDERGROUND UTILITY DISTRICTS

Urban development within the valley growth boundary shall be subject to the following requirements:

(1)

Required undergrounding of utility wires in district. Whenever the Board of Supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 11.29.030, Responsibilities, hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.

(2)

Exception for emergency or unusual circumstances. Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the Board of

Supervisors in order to provide emergency service. The Board of Supervisors may grant special permission, on such terms as the Board may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(3)

Other exceptions. This Chapter and any resolution creating a district, unless otherwise provided in such resolution, does not apply to the following types of facilities:

a.

Any County facilities or equipment installed under the supervision and to the satisfaction of the Chief Building Official.

b.

Poles or electroliers used exclusively for street lighting.

c.

Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead and associated overhead structures are not prohibited.

d.

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

e.

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street.

f.

Antennae, associated equipment and, supporting structures used by a utility for furnishing communication services.

g.

Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.

h.

Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. No. 1624)

(a)

Public hearing by Board of Supervisors. The Board of Supervisors may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the County and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The County Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Board of Supervisors shall be final and conclusive.

(b)

Board of Supervisors may designate by resolution. If after any such public hearing the Board of Supervisors finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Board of Supervisors shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(c)

Notice to property owners and utility companies.

(1)

Within ten days after the effective date of a resolution creating a district; the County Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution or the adoption thereof. Said County Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities of a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the County

(2)

Notification by the County Clerk shall be made by mailing a copy of the resolution together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. No. 1624)

(a)

Utility companies. If underground construction is necessary to provide utility service within an established district, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.

(b)

Property owners.

(1)

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall allow to be constructed and provide that portion of the service connection on his or her property between the facilities under responsibility of the utility companies and the termination facilities on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission, and within the ordinances and regulations of the County of Yuba. If the above is not accomplished by any person within the time provided for in the resolution establishing the district, the Chief Building Official shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll to provide the required underground facilities within ten days after receipt of such notice.

(2)

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Chief Building Official shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches in size, to be posed in a conspicuous place on said premises.

(3)

The notice given by the Chief Building Official to provide the required underground facilities shall be particularly specific that work is required to be done, and shall state that if said work is not completed within 30 days after receipt of such notice, the Chief Building Official will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(4)

If upon the expiration of the 30-day period, the said required underground facilities have not been provided, the Chief Building Official shall forthwith proceed to do the work provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the Chief Building Official shall in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the Chief Building Official, he or she shall file a written report with the Board of Supervisors setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The Board

of Supervisors shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter.

(5)

The Chief Building Official shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Board of Supervisors will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(6)

Upon the date and hour set for the hearing of protests, the Board of Supervisors shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

(7)

If any assessment is not paid within five days after its confirmation by the Board of Supervisors, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Chief Building Official, and the Chief Building Official is directed to turn over to the County Clerk Recorder a notice of lien on each of said properties on which the assessment has not been paid and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per annum.

(c)

County. The County shall remove at its own expense all County-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution establishing the district.

(Ord. No. 1624)

In the event that any act required by this Chapter or by resolution cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. No. 1624)

CHAPTER 11.30 - DENSITY BONUS INCENTIVE PROGRAM

(a)

To implement state legislation (Government Code Section 65915 et seq.) intending that density bonuses and other incentives contribute significantly to the economic feasibility of housing that is affordable to the types of household and qualifying residents identified in Section 11.30.040 (Qualifying Projects). If any provision of this Chapter conflicts with state law, the latter shall control. Applicable statutes shall be consulted for amendments prior to applying the provisions in this Chapter. The County reserves the right to review applications for a density bonus in accordance with state density bonus law.

(b)

To provide both owner-occupied and rental housing units that are affordable to all households, particularly to those of very low, lower, moderate-income families, and senior citizens in a manner that will protect the health, safety, and general welfare of the residents of Yuba County.

(Ord. No. 1624)

The density bonuses and incentives contained in this Chapter shall apply to housing developments eligible for a density bonus under state density bonus law. This Chapter shall be applicable to all zoning districts that permit residential uses. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the County that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this Chapter shall apply. The density bonus provisions of California Government Code Sections 65915 et seq., as may be amended from time to time, are incorporated by reference into this Chapter.

(Ord. No. 1624)

(a)

The granting of a density bonus shall not require a General Plan amendment, Zoning Map amendment, Zoning Code amendment, or other discretionary approval. If approval of the base units in the project (without the bonus units) requires discretionary review that shall be conducted without considering the bonus units.

(b)

Application fees shall be collected in accordance with Section 11.57.040. If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by County staff, consultant or legal counsel, County staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the Board of Supervisors decides the application, County staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

(c)

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d).

(d)

The developer may locate the density bonus units in areas on the project site other than where the units for the lower-income households are located in the housing project.

(e)

The development shall conform to all lot area, yard, building height and set back, sign, wall and fence, landscaping and sidewalk, and parking standards contained in the underlying zone, except as listed in Section 11.30.110(1).

(f)

The development shall be connected to and served by a publicly owned and operated sanitary sewer system, piped community water system and storm water drainage facilities.

(g)

The County shall, within 90 days of receipt of a written proposal, notify the housing developer of the County's preliminary response and schedule a meeting with the applicant to discuss the proposal and the County's preliminary response (Government Code Section 65915.5(d)).

(h)

Decisions are final unless an appeal is filed pursuant to the procedures of Section 11.53.150, Appeals and Calls for Review.

(Ord. No. 1624)

(a)

Density bonuses are available to affordable housing developers for developments with five or more dwelling units in accordance with this Chapter for the following:

(1)

Housing developments that include a minimum affordable housing component (Section 11.30.050 and Section 11.30.140(A)).

(2)

Housing developments that include a minimum affordable housing component and a childcare facility (Section 11.30.060).

(3)

Senior citizen housing developments (Section 11.30.070).

(4)

Land donations for very low-income housing (Section 11.30.080).

(5)

One hundred percent affordable housing development, except that up to 20 percent of the total units in the development may be for moderate-income households (Section 11.030.100).

(b)

For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

(Ord. No. 1624)

11.30.050. - Density bonus allowance for housing development with affordable housing component.

(a)

As demonstrated in Table 11.30.050-1, the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentages below. The applicant may also elect to accept a lesser percentage of density bonus.

(b)

Density bonus units authorized by this Chapter shall not be included when determining the number of target units required to qualify for a density bonus.

(c)

All density calculations resulting in fractional units shall be rounded up to the next whole number.

(d)

For a housing development set to be 100-percent affordable to lower-income households, exclusive of managers' units, refer to Section 11.30.100.

(Ord. No. 1624)

11.30.060. - Allowed density bonus for housing development with affordable housing component and childcare facility.

(a)

A density increase may be granted provided that all of the following criteria are met:

(1)

Compliance with Section 11.30.040 (Government Code Section 65915(h)(1)).

(2)

The housing development must include a childcare facility that will be located on the premises of, as part of, or adjacent to, the housing development (Government Code Section 65915(h)(1)).

(3)

Approval of the housing development must be conditioned to ensure that both of the following occur:

a.

The childcare facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable, pursuant to Section 11.30.130(b) (Government Code Section 65915(h)(2)(A)).

b.

Of the children who attend the childcare facility, the children of very low-income households, low-income households, or moderate-income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).

(4)

The County has not made a finding based upon substantial evidence that the community has adequate childcare facilities (Government Code Section 65915(h)(3)).

(b)

If the requirements of Subsection 11.30.060(a) are met, then an applicant for a housing development with an affordable housing component and childcare facility is entitled to:

(1)

A density bonus pursuant to Section 11.30.050 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and

(2)

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility (Government Code Section 65915(h)(1)(A)).

(Ord. No. 1624)

An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5 is entitled to a density bonus of 20 percent of the number of senior citizen housing development units and up to a maximum of 50 percent (Government Code Section 65915(b)(1)(C) and (f)(3)).

(Ord. No. 1624)

(a)

For a density bonus for a qualified land donation to be granted pursuant to Subsection 11.30.080(b), all the requirements of this Section must be met.

(1)

The applicant must be applying for a tentative subdivision map, parcel map, or other residential development approval (Government Code Section 65915(g)(1)).

(2)

The application must include at least a ten percent minimum affordable housing component for very lowincome households (Government Code Section 65915(g)(1)).

(3)

The applicant must agree to donate and transfer qualified land, which is land that meets both the following criteria:

a.

The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the

number of residential units of the proposed development pursuant to Section 8116-2.5.1(a) (Government Code Section 65915(g)(2)(B)).

b.

The transferred land must be at least one acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).

(4)

The qualified land must be transferred to the County or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)).

(5)

The qualified land must have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed. However, the County may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the County prior to the time of transfer (Government Code Section 65915(g)(2)(D)).

(6)

The qualified land must be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)).

(7)

The qualified land and the affordable units must be subject to a deed restriction ensuring continued affordability of the units consistent with Section 11.30.060 (Allowed Density Bonus for Housing Development with Affordable Housing Component and Childcare Facility) or Section 11.30.100 (Allowed Density Bonus for 100-Percent Affordable Housing Development), which must be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).

(8)

The qualified land must be within the boundary of the proposed development or, if the County agrees, within 0.25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).

(9)

A proposed source of funding for the very low-income household units must be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(H)).

(b)

If the requirements of Subsection 11.30.080(a) are satisfied, the applicant shall be entitled to at least a 15percent increase above the otherwise maximum allowable residential density for the entire development, as follows in Table 11.30.80-1 (Government Code Section 65915(g)(1)):

(Ord. No. 1624)

A floor area ratio density bonus may be granted to an eligible housing development, upon request of the developer, in lieu of a density bonus awarded on the basis of dwelling units per acre.

(1)

In calculating the floor area ratio bonus pursuant to this Section, the allowable gross residential area in square feet shall be the product of all of the following amounts:

a.

The allowable residential base density in dwelling units per acre.

b.

The site area in square feet, divided by 43,560.

c.

2,250.

(2)

The County Board of Supervisors shall not impose any parking requirement on an eligible housing development in excess of 0.1 parking spaces per unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces per unit that is offered at market rate.

(3)

An applicant seeking to develop an eligible residential development shall be allowed to calculate impact fees based on square feet, instead of on a per-unit basis.

(4)

If an eligible housing development is zoned for mixed-use purposes, any floor area ratio requirement under a zoning ordinance or land use element of the General Plan applicable to the nonresidential portion of the eligible residential development shall continue to apply, notwithstanding the award of a floor area ratio bonus in accordance with this Section.

(5)

An applicant for a floor area ratio bonus may also submit to the County a proposal for specific incentives or concessions, pursuant to Section 11.30.130.

(Ord. No. 1624)

(a)

A density bonus shall be provided to a developer who agrees to construct a housing development in which 100 percent of the total units, including total units and density bonus units, exclusive of managers' units, are for lower-income households. Up to 20 percent of the total units may be designated moderate-income households.

(b)

A housing development that meets these criteria shall receive the following density bonus:

(1)

If not within a half-mile of a major transit stop: 80 percent.

(2)

If located within a half-mile of a major transit stop: No maximum controls on density.

(Ord. No. 1624)

The following additional incentives or concessions requested by an applicant shall be granted provided the developer agrees to construct affordable housing units in accordance with Section 11.30.040 unless the County makes the necessary findings contained in Government Code Subsection 65915(d), (i).

(1)

Affordable housing incentives. Government Code subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives.

a.

Subject to Section 11.30.110(3) (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Subsection 11.30.110(1)(a) and Section 11.30.110(2) (Number of Incentives Granted):

The applicant for an incentive must also be an applicant for a density bonus and qualify for a density bonus pursuant to Section 11.30.040 (Government Code Section 65915(d)(1)).

2.

A specific written proposal for an incentive(s) must be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

3.

If an incentive(s) pursuant to Section 11.30.110 is sought, the applicant must establish that each requested incentive would result in identifiable, financially sufficient, and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) and (3)).

4.

If an incentive(s) pursuant to Section 11.30.110 is sought, the applicant must establish that requirements of that section are met (Government Code Section 65915(k)(2)).

5.

If an additional incentive for a childcare facility is sought pursuant to Subsection 11.30.060(b), the applicant must establish that requirements of that section are met (Government Code Section 65915(h)(1)(B)).

6.

The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan Amendment, zoning change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the County and, if requested, the County will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

b.

For the purposes of this Chapter, "incentive" means any of the following:

1.

A reduction in site development standards or a modification of Development Code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(1)).

2.

Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial, or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial, or other land uses are compatible with the qualified housing development and the existing or

planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).

3.

Other regulatory incentives proposed by the affordable housing developer or the County that result in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(3)).

4.

Nothing in this Section limits or requires the provision of direct financial incentives by the County for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(1)).

(2)

Number of incentives granted. Subject to Section 11.30.110(c) (Criteria for Denial of Application for Incentives), the applicant who meets the requirements of Section 11.30.040 shall receive the following number of incentives and as shown in Table 11.30.110-1.

a.

One incentive for qualified housing development projects that include at least 5 percent for very low-income households, at least ten percent of the total units for lower-income households, or at least ten percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(A)).

b.

Two incentives for qualified housing development projects that include at least ten percent for very low-income households, at least 17 percent of the total units for low-income households, or at least 20 percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(B)).

c.

Three incentives for qualified housing development projects that include at least 15 percent for very low-income households, at least 24 percent of the total units for lower-income households, or at least 30 percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(C)).

d.

Four incentives or concessions for qualified housing development projects that include 100 percent affordable units, except that up to 20 percent of the total units in the development may be for moderate-income households. If the project is located within one-half mile of a major transit stop, the project is also eligible to receive a height increase of up to three additional stories, or 33 feet.

e.

A qualified housing development proposal that includes a childcare facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the childcare facility (Government Code Section 65915(h)(1)(B)).

(3)

Criteria for denial of application for incentives. Except as otherwise provided in this Chapter or by state law, if the requirements of Section 11.30.110(a) are met, the County shall grant the incentive(s) that are authorized by Section 11.30.110 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the County may refuse to grant the incentive(s):

a.

The incentive is not required to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).

b.

The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderateincome households (Government Code Sections 65915(d)(1)(B) and 65915 (d)(3)).

c.

The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).

d.

The community has adequate childcare facilities, in which case the additional incentive for a childcare facility, pursuant to Subsection 11.30.060, may be denied (Government Code Section 65915(h)(3)).

(4)

Requirements for waiver or modification of development standards.

a.

To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the County to review the proposal. If requested, the County shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 11.30.110(b) (Government Code Section 65915(e)(2)).

b.

All of the following findings must be made for each waiver or reduction requested:

1.

The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this Chapter (Government Code Section 65915(e)(1)).

2.

The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety, and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).

3.

The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)).

4.

The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

c.

If the requirements of Subsection 11.30.110(d)(1) and (2) are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the County shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Chapter (Government Code Section 65915(e)(1)).

A housing development that receives a waiver from any maximum controls on density shall only be eligible for a waiver or reduction of development standards pursuant to Section 11.30.110(d)(1) and (2) unless the County agrees to additional waivers or reductions of development standards (Government Code Section 65915(e)(3)).

(Ord. No. 1624)

(a)

Parking standard modifications pursuant to Subsection 11.30.120(b) are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection 11.30.120(b) must be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).

(b)

The maximum parking requirements, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of Section 11.25.020 shall not exceed the following ratios if the applicant requests the use of such alternative standards:

(1)

Zero to one bedroom: one on-site parking space.

(2)

Two to three bedrooms: one and one-half on-site parking spaces.

(3)

Four or more bedrooms: two and one-half parking spaces.

(c)

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

(d)

For purposes of this subsection, a development may provide "on-site parking" through tandem parking or uncovered parking, but not through on-street parking.

(e)

Exceptions. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of parking for persons with a disability and guest parking, to the entire housing development subject to this Chapter, as required by Government Code Section 65915(p)(2):

(1)

A maximum of one-half parking spaces per bedroom shall apply when all the following conditions apply:

a.

The development includes at least 20 percent low-income units or at least 11 percent very low-income units provided for in Section 11.30.050 (Density Bonus Allowance for Housing Development with Affordable Housing Component). The development is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development.

(2)

No parking ratio shall apply when all of the following conditions apply:

a.

The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code and the development meets either of the following criteria:

1.

The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.

2.

The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

b.

The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code, and the development is either a special-needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that is a special-needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

(f)

If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this Section, "on-site parking" may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(2)).

(g)

Except as otherwise provided in this Section, all other provisions of Chapter 11.25.040 (Parking Space Requirements) applicable to residential development apply.

(h)

An applicant may request additional parking incentives beyond those provided in this Section if applied for pursuant to Section 11.30.110 (Government Code Section 65915(p)(3)).

(i)

Notwithstanding allowances in Subsection 11.30.120(c), if the County or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the County may impose a higher vehicular parking ratio not to exceed the ratio described previously in Subsection 11.30.120(b), based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low and very low-income individuals, including seniors and special-needs individuals. The County shall pay the costs of any new study. The County shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

(Ord. No. 1624)

(a)

Project design and phasing. Projects seeking an affordable housing benefit pursuant to this Chapter must comply with the following requirements, unless otherwise specified in writing by the County:

(1)

Location/dispersal of units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain, on average, the same (or greater) number of bedrooms as the market-rate units.

(2)

Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

(3)

Exterior appearance. The exterior appearance and quality of the affordable units must be similar to the marketrate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

(b)

Application requirements. An application for one or more affordable housing benefits must be submitted as follows:

(1)

Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the County.

(2)

The application must include the information and documents necessary to establish that the requirements of this Chapter are satisfied for each affordable housing benefit requested, including:

a.

For density bonus requests, that the requirements of Section 11.30.040 are met;

b.

For incentive requests, that the requirements of Section 11.30.110 are met;

c.

For development standard waiver or modification requests, that the requirements of Section 11.30.110.(4) are met; and/or

d.

For parking standard modification requests, that the requirements of Section 11.30.120 are met.

(3)

The application must be submitted concurrently with a complete application for a qualified housing development. When notifying the applicant for a density bonus whether the application is complete, the County shall also notify the applicant of the amount of density bonus for which the applicant is eligible, and if requested by the applicant, the parking ratio for which the applicant is eligible.

(4)

If the applicant requests incentives or concessions, or waivers or reductions of development standards, the County will now also be required to notify the applicant whether the applicant has provided adequate information for the County to make a determination as to those incentives, concessions, or waivers or reductions of development standards.

(5)

The application must include a site plan that complies with and includes the following:

a.

For senior citizen housing development projects, the number and location of proposed total units and density bonus units.

b.

For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units, and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).

c.

The location, design, and phasing criteria required by Subsection 11.30.130(a), including any proposed development standard(s) modifications or waivers pursuant to Section 11.30.110(4).

(6)

The application for a qualified housing development must state the level of affordability of the affordable units and include a proposal for compliance with Section 11.30.140 for ensuring affordability.

(7)

If a density bonus is requested for a qualified land donation pursuant to Section 11.30.080, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 11.30.080 has been met.

(8)

If an additional density bonus or incentive is requested for a childcare facility pursuant to Section 11.30.060 and/or Subsection 11.30.110(2), the application shall show the location and square footage of the childcare facility in addition to including sufficient information to establish that each requirement in Section 11.30.060 and/or Subsection 11.30.110(2) has been met.

(c)

An application for an affordable housing benefit under this Chapter will not be processed until all of the provisions of this Section are complied with as determined by the County and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the County a preliminary proposal for affordable housing benefits.

(d)

The County shall adjust the amount of density bonus and parking ratios awarded based on any changes to the project during the course of development.

(e)

Determination on density bonus and affordable housing incentive program requirements. The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Chapter.

(1)

Affordable housing benefit determinations. An application for an affordable housing benefit shall be granted if the requirements of this Chapter are satisfied, unless:

a.

The application is for an incentive for which a finding is made in accordance with Section 11.30.110(3); or

b.

The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.

(2)

Affordable housing benefit compliance provisions. To ensure compliance with this Chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:

a.

The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Chapter;

b.

An affordable housing agreement and, if applicable, an equity-sharing agreement pursuant to Section 11.30.140; and

c.

Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

(3)

A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 11.53.150 (Appeals and Calls for Review).

(Ord. No. 1624)

11.30.140. - Affordable housing agreement and equity-sharing agreement.

(a)

General requirements. The County shall require the execution of an affordability agreement with the affordable housing developer, or its designee approved in writing by the County, as a condition of approval. The County may designate a qualified administrator or entity to administer the provisions of this Section on behalf of the County. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a Building Permit for any structure on the site. The County is hereby authorized to enter into the agreements authorized by this Section on behalf of the County upon approval of the agreements by County Counsel for legal form and sufficiency. Said agreement shall be in the form provided by the County to include, but not be limited to, the following:

(1)

Term of agreement necessary to implement state law and this Section.

(2)

Description of project, including location, number of total units (including bedrooms), and number of reserved affordable units (including bedrooms).

(3)

Standards for qualifying household incomes and maximum rents or sale prices.

(4)

Process used to certify tenant income.

(5)

Description of how vacancies will be marketed and filled.

(6)

Enforcement mechanisms restricting reserved affordable units upon sale or transfer.

(7)

Process used to monitor and enforce affordability of reserved units.

(b)

Low or very low-income minimum affordable housing component or senior citizen housing development.

(1)

The affordable housing developer of a qualified housing development based upon the inclusion of low-income and/or very low-income affordable units must enter into an agreement with the County to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (applies to for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the County if such compliance standards are not met. The agreement shall, among other things, specify the number of lowerincome affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

(2)

Rental units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 11.30.040 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower-income density bonus units at an affordable rent, as defined in California Health and Safety Code Section 50053. The agreement shall require that owner-occupied units be made available at an affordable housing cost, as defined in the Health and Safety Code Section 50052.5.

(3)

For-sale units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 11.30.040 shall be available at an affordable housing

cost (Government Code Section 65915(c)(1)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equitysharing agreement with the County or developer. The agreement shall be between the County and the buyer or the developer and the buyer if the developer is the seller of the unit. The County shall enforce the equity sharing unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c) (2)). The equity-sharing agreement shall include, at a minimum, the following provisions:

a.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The County shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

b.

For purposes of this Section, the County's initial subsidy shall be equal to the fair-market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

c.

For purposes of this subdivision, the County's proportionate share of appreciation shall be equal to the ratio of the County's initial subsidy to the fair-market value of the home at the time of initial sale.

(4)

Senior units. At least 35 senior-citizen housing development units are maintained and available for rent or sale to senior citizens, as defined in Civil Code Section 51.3.

(c)

Moderate-income minimum affordable housing component.

(1)

The affordable housing developer of a qualified housing development based upon the inclusion of moderateincome affordable units in a common interest development must enter into an agreement with the County ensuring that:

a.

The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household.

b.

The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).

(2)

The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity-sharing agreement with the County or developer (Government Code Section 65915(c)(2)). The agreement shall be between the County and the buyer or the developer and the buyer if the developer is the seller of the unit. The County shall enforce the equity-sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c) (2)). The equity-sharing agreement shall include, at a minimum, the following provisions:

a.

Upon resale, the seller of the unit shall retain the value of improvements, the down payment, and the seller's proportionate share of appreciation. The County shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).

b.

The County's initial subsidy shall be equal to the fair-market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).

c.

The County's proportionate share of appreciation shall be equal to the ratio of the County's initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

(3)

Minimum affordable housing component and childcare facility. If an additional density bonus or incentive is granted because a childcare facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer's obligations pursuant to Subsection 11.30.060(a)(3) for maintaining a childcare facility, if not otherwise addressed through conditions of approval.

(d)

One hundred-percent affordable housing development.

(1)

At least 20 percent of the units, including both base density and density bonus units, in a qualified housing development shall be restricted to an affordable rent, as defined in Section 50053 of the Health and Safety Code, for at least 55 years.

(2)

The remaining units may be rented at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

(Ord. No. 1624)

(a)

Requirements for density bonus or incentive for condominium conversion projects.

(1)

Applicant to convert apartments to a condominium project agrees to provide at least:

a.

33 percent of the total units of the proposed condominium project to persons and families of moderate-income households, or

b.

15 percent of the total units of the proposed condominium project to persons and families of low-income households.

(2)

If applicant agrees to pay for the reasonably necessary administrative costs incurred by the County pursuant to this Section, the County shall either:

a.

Grant a density bonus; or

b.

Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).

(b)

Definition of density bonus for condominium conversion projects. If the requirements of Subsection 11.30.150(a) are met, then the condominium conversion project will be entitled to an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion from apartments to condominiums (Government Code Section 65915.5(b)).

(c)

Pre-submittal preliminary proposals for density bonus or incentive for condominium conversion projects. Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert apartments to a condominium project may submit to the County a preliminary proposal for density bonus or other incentives of equivalent financial value.

(d)

Application for density bonus or incentives for condominium conversion projects. An applicant must submit a completed application provided by the County for a density bonus or for other incentives of equivalent financial value. The application must be submitted concurrently with the application for the condominium conversion project. The application must include the following:

(1)

All information and documentation necessary to establish that the requirements of Subsection 11.30.150(a) are met.

(2)

The proposal for a density bonus or the proposal for other incentives of equivalent financial value.

(3)

Site plans demonstrating the location of the units to be converted, the affordable units, the market-rate units, and the density bonus units in the condominium conversion project.

(4)

Any other information and documentation requested by the County to determine if the requirements of Subsection 11.30.150(a) are met.

(e)

Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion must be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

(f)

Granting density bonus or incentive for condominium conversion projects.

(1)

Approval.

a.

If the requirements of Subsection 11.30.150(a) are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Subsection 11.30.150(f)(2).

b.

Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including, but not limited to, entering into an affordable housing agreement pursuant to Section 11.30.140 (Affordable Housing Agreement and Equity- Sharing Agreement), which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).

(2)

Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the apartments proposed for conversion constitute a qualified housing development for which a density bonus,

as defined in Section 11.30.040 (Qualifying Projects) or other incentives were provided (Government Code Section 65915.5(f)).

(3)

Decision on condominium conversion project. Nothing in this Section shall be construed to require the County to approve a proposal to convert apartments to condominiums (Government Code Section 65915.5(e)).

(Ord. No. 1624)

(a)

Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the County. This provision applies throughout the restricted time periods pursuant to Section 11.30.140 (Affordable Housing Agreement and Equity-Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

(b)

Ongoing compliance. Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this Chapter and the terms of the affordable housing agreement. Upon 30-day notice, the County may perform an audit to determine compliance with this Chapter and the terms of any agreement or restriction.

(c)

Enforcement. The County has the authority to enforce the provisions of this Chapter, the terms of affordable housing agreements and equity-sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Chapter, the County may, at its discretion, take any other enforcement action permitted by law, including those authorized by County ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the County from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1624)

CHAPTER 11.31 - NON-CONFORMING USES, STRUCTURES, AND LOTS

This Chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the current standards and requirements of this Code in a manner that does that does not impair public health, safety, or general welfare or conflict with the General Plan. These regulations also distinguish between non-conforming uses that are detrimental to public health, safety, or general welfare and those uses that are economically productive and compatible with surrounding development despite being inconsistent with applicable regulations and requirements.

(Ord. No. 1624)

(a)

The provisions of this Chapter apply to any lawfully established use or structure, as defined in the following section. Non-conforming uses and structures may only be continued, altered, or enlarged subject to the requirements of this Chapter.

(b)

The provisions of this Chapter also apply to non-conforming lots. Non-conforming lots may be developed according to the provisions of Section 11.31.040(c), Development on Non-conforming Lots.

(c)

Nothing contained in this Code shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a building permit has properly been issued, in accordance with the ordinances then in effect and upon which actual construction has been started prior to the effective date of this Code, provided that in all such cases, actual construction shall be diligently carried on until completion of the building or structure.

(Ord. No. 1624)

11.31.030. - Establishment of lawful non-conforming uses, structures, and lots.

(a)

Definition. Any use, structure, or lot that was lawfully established prior to the adoption of this Code or any subsequent amendment to this Code or to the Official Zoning Map but that does not comply with all of the current standards and requirements of this Code shall be considered lawful non-conforming.

(1)

Non-conforming use. This term means any use of land or property that was lawfully established in compliance with all applicable ordinances and laws at the time of establishment and has remained in continuous existence but is not a use listed as permitted, accessory, or allowed subject to approval of a use permit in the district in which it is located. Non-conforming uses also include uses made non-conforming by the addition of a development standard (e.g., floor area limitation, restriction to certain floor level, minimum separation requirement) previously not required for such use, where such added standard is specified to be a condition of the use.

(2)

Non-conforming structure. This term means any building or structure that was lawfully established and in compliance with all applicable ordinances and laws at the time of establishment but no longer complies with all applicable development standards of the district in which it is located.

(3)

Non-conforming lot. Any lot that is smaller than the minimum lot area, width, depth, or frontage required by this Code shall be considered a lawful non-conforming lot if it is described in the official records on file in the office of the Yuba County Recorder as a lot of record.

(b)

Non-conformities. Non-conforming status for a use or structure may result from any inconsistency with the requirements of this Code, including but not limited to location, density, floor area, height, yards, usable open space, performance standards, or the lack of an approved conditional use permit, variance, or other required authorization.

(1)

Exceptions. A use or structure shall not be deemed non-conforming solely because it does not conform with the parking dimension standards, loading space requirements, planting area, or screening regulations of the district in which it is located or does not conform to the standards for the following building features: garage door location; garage door width; chimney height; cornices, eaves, and other ornamental features that exceed maximum projections into required yards.

(c)

Development on non-conforming lots. A non-conforming lot may be used as a building site subject to compliance with all applicable development standards (e.g., setbacks, height, etc.) of the district in which it is located. Deviations to standards shall not be allowed unless a variance, waiver, or modification to such standards is approved as provided for in this Code.

(Ord. No. 1624)

11.31.040. - Non-conforming uses and structures—Right to continue.

(a)

Non-conforming uses. Any lawful non-conforming use may be continued and maintained, provided that there be no alteration, enlargement, or addition to any building or structure housing the use; no increase in occupant load; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this Chapter. The right to continue a non-conforming use shall run with the land. No substitution, expansion, or other change in use is permitted except as provided in this Chapter.

(b)

Non-conforming structures. Any lawful non-conforming building or structure may be continued and maintained provided that there be no alteration, enlargement, or addition to the building or structure except as otherwise provided in this Chapter. The right to continue a non-conforming structure shall run with the land.

(c)

New development on a lot with a non-conforming use or structure. New development, including accessory structures, may occur on a lot with a non-conforming use or structure provided the new development conforms to the regulations of this Code and that such development does not alter any existing non-conforming structure or increase the degree of non-conformity.

(Ord. No. 1624)

Lawful non-conforming structures may be continued, maintained, and repaired in compliance with the requirements of this Section unless deemed to be a public nuisance because of health or safety conditions.

(1)

Maintenance and non-structural repairs. Maintenance, non-structural repairs and non-structural interior alterations are permitted to a non-conforming structure as long as the changes and improvements do not enlarge or extend the structure.

(2)

Structural repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of bearing walls, columns, beams, or girders, may be undertaken only if the Building Official determines that such modification or repair is immediately necessary to protect public health and safety, occupants of the nonconforming structure, or occupants of adjacent property, and if the cost of such work does not exceed 50 percent of the higher of the assessed value of the non-conforming structure as determined by the Yuba County Assessor or an appraisal performed by a certified appraiser for the applicant. If an applicant chooses not to submit an appraisal, the County Assessor's determination shall be used.

(3)

Non-conforming signs. Lawfully established signs that do not conform to the requirements of this Code may only be maintained in compliance with the requirements of Chapter 11.27, Signs.

(Ord. No. 1624)

11.31.060. - Alterations and enlargements to non-conforming structures.

Non-conforming structures may be altered, enlarged or extended if the addition conforms to the regulations applicable to the district where it is located and that such alterations or additions do not extend any existing non-conformity or increase the degree of non-conformity.

(1)

No expansion of area occupied by non-conforming use. An alteration to a non-conforming building or structure containing a non-conforming use shall not increase the area occupied by any non-conforming use, except as otherwise provided in Section 11.31.080, Expansion of Non-conforming Uses.

(2)

Accessory dwelling units. An Accessory Dwelling Unit in compliance with Section 11.32.030, Accessory Dwelling Units, may be developed on a lot that contains a non-conforming Single-Unit Dwelling.

(3)

Non-conforming signs. Lawfully established signs that do not conform to the requirements of this Code may only be altered in compliance with the requirements of Chapter 11.27, Signs.

(Ord. No. 1624)

A lawful non-conforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster that is not caused by an act or deliberate omission of a property owner, an owner's agent, or a person acting in concert with or on behalf of an owner may be restored or rebuilt subject to the following provisions:

(1)

Restoration when damage is 50 percent or less of value. If the cost of repair or reconstruction does not exceed 50 percent of the replacement cost, as determined by the Building Official, of the building or structure, replacement of the damaged portions of the building is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed.

(2)

Restoration when damage exceeds 50 percent of value. If the cost of repair or reconstruction exceeds 50 percent of the replacement cost, as determined by the Building Official, of the building or structure, the land and building shall be subject to all of the requirements of this Code, except as provided below.

a.

Non-Residential structures. The Planning Commission may approve a Conditional Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed. In such cases any expansion or change to the previous structure must conform to the requirements of this Code.

b.

Residential structures. Any non-conforming residential structure may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage. The non-conforming use, if any, may be resumed subject to a Zoning Clearance in the case of Single-Unit Dwellings or a Conditional Use Permit approval in the case of other residential housing types, unless the decision-making authority finds that:

1.

The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or

2.

The existing non-conforming use of the building or structure can be more appropriately moved to a zoning district where the use is permitted.

(3)

Building code compliance. Any reconstruction, restoration, or rebuilding undertaken pursuant to this Section shall conform to all applicable Building Code requirements.

(4)

Building permit. A building permit must be obtained within two years after the date of the damage or destruction.

(Ord. No. 1624)

No lawful non-conforming use may be expanded without the approval of a use permit, subject to the following requirements:

(1)

Within a conforming structure. A non-conforming use occupying a portion of a structure that conforms to this Code may expand the portion that it occupies with approval of a Use Permit in accord with Chapter 11.57, Use Permits.

(2)

Expansion within a structure that does not conform to this Code. A non-conforming use in a structure that does not conform to the requirements of this Code but does conform to the requirements of the Building Code may expand its occupancy and building floor area subject to approval of a Use Permit in accordance with Chapter 11.57, Use Permits, provided, however, that the expansion meets the requirements of this Code.

(3)

Expansion within a structure that does not conform to the Building Code. Any non-conforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements.

(Ord. No. 1624)

No lawful non-conforming use shall be changed to a different use type or sub-classification without the approval of a use permit unless the new use is permitted by right. This requirement does not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 11.72, Use Classifications, and the use is not expanded or intensified.

(1)

Change from non-conforming to permitted use. Any non-conforming use may be changed to a use that is allowed by right in the district in which it is located and complies with all applicable standards for such use.

(2)

Addition of permitted uses and structures. Any parcel with a non-conforming use or structure may add new uses and structures that are permitted within the zone district so long as they meet all applicable development standards. Non-conforming residential uses that also have a commercial use located within the residential unit shall comply with the requirements of Section 11.32.140, Home Occupations.

(3)

Absence of permit. Any use that is non-conforming solely by reason of the absence of a use permit may be changed to a conforming use by obtaining a use permit pursuant to the requirements in Chapter 11.57, Use Permits.

(4)

Substitutions. The Zoning Administrator may allow substitution of a non-conforming use with another nonconforming use, subject to approval of a minor use permit. In addition to any other findings required by this Code, the Administrator must find that:

a.

The existing non-conforming use was legally established;

b.

The proposed new use would not preclude or interfere with implementation of the General Plan or any applicable adopted specific, area, or community plan;

c.

The proposed new use will not depress the value of nearby properties or create conditions that would impede their redevelopment or use in compliance with the General Plan;

d.

The proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this Code than the non-conforming use it replaces;

e.

The proposed new use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area or be detrimental or injurious to property and improvements of adjacent lots, the surrounding area, or the neighborhood because of noise, odors, dust, glare, vibrations, or other effects; and

f.

The proposed new use will comply with all applicable standards of this Code, there are special circumstances peculiar to the property and its relation to surrounding uses or to the district itself that would justify modification to applicable standards, or the impacts of the new use will be mitigated.

(Ord. No. 1624)

No non-conforming use may be resumed, reestablished, reopened or replaced by any other non-conforming use after it has been abandoned or vacated for a period of six months, unless the Planning Commission approves a conditional use permit after making all the following findings in addition to any other required findings.

(1)

The structure cannot be used for any conforming use because of its original design or because of lawful structural changes made for a previous non-conforming use;

(2)

The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the replacement cost of the structure, as defined in this article, within any five year period; and

(3)

The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses.

(Ord. No. 1624)

CHAPTER 11.32 - STANDARDS FOR SPECIFIC USES

The purpose of this Chapter is to establish standards for specific uses that are permitted or conditionally permitted in several or all districts. These provisions are supplemental standards and requirements intended to minimize the impacts of these uses on surrounding properties and protect the health, safety, and welfare of their occupants and of the general public.

(Ord. No. 1624)

The uses addressed in this Chapter shall be located only where allowed by the regulations of Division II, Zoning and Overlay Districts. The uses shall comply with any applicable standards for the district(s) in which they are located, as well as the standards of this Chapter. In the case of a conflict, the most stringent requirements apply.

(Ord. No. 1624)

(a)

Purpose. This Section establishes regulations and procedures for reviewing and permitting Accessory Dwelling Units through a ministerial process consistent with state law.

(b)

Applicability.

(1)

Applicable to all. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit or a junior accessory dwelling unit shall comply with the requirements of this Section and the

County's building and fire codes. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this Section shall not be:

a.

Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

b.

Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

c.

Considered in the application of any County ordinance, policy, or program to limit residential growth.

d.

Required to correct a nonconforming zoning condition, as defined in Chapter 11.72 (Use Classifications). This does not prevent the County from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(2)

Accessory dwelling units. Accessory dwelling units are allowed on parcels zoned for single-family or multifamily residential uses where such a parcel includes a proposed or existing dwelling.

(3)

Junior accessory dwelling units. Junior accessory dwelling units are allowed on parcels zoned for single-family residential uses where such a parcel includes an existing single-family dwelling.

(c)

Permits and approval.

(1)

Ministerial action. Approval or denial of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is a ministerial action and subject to compliance with the standards in this Section and all other applicable codes.

(2)

Building permit. All accessory dwelling units or junior accessory dwelling units shall require a building permit, subject to all the standard application and processing fees and procedures that apply to building permits generally. No other planning-related permit is required.

(3)

The County shall issue a building permit within 60 calendar days from the date on which the County received a completed application, unless either:

a.

The applicant requests a delay, in which case the 60-day time period is put on hold for the period of the requested delay; or

b.

The application to create an Accessory Dwelling Unit or Junior Accessory Dwelling Unit is submitted with an application to create a new single-unit primary dwelling on the parcel. The City may delay acting on the permit application for the Accessory Dwelling Unit or Junior Accessory Dwelling Unit until the City acts on the permit application to create the new single-unit primary dwelling.

(d)

Types. An accessory dwelling unit approved under this Chapter shall be one of the following types:

(1)

Attached. An accessory dwelling unit that is created as a result of new construction that is attached to an existing or proposed primary dwelling, such as through a shared wall, floor, or ceiling. An attached accessory dwelling unit can also be constructed within an existing or proposed primary dwelling.

(2)

Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the primary dwelling. The detached accessory dwelling unit shall be located on the same parcel as the proposed or existing primary dwelling. Detached includes a second-story addition above an existing detached garage.

(3)

Converted. An accessory dwelling unit that meets the following requirements:

a.

Is located within the proposed or existing primary dwelling or accessory structure, including, but not limited to, attached garages, storage areas, or similar uses; or an accessory structure, including, but not limited to, studio, pool house, detached garage, or other similar structure. Such conversion may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

b.

The proposed conversion of a structure into an accessory dwelling unit that does not satisfy the requirements of Subsection (c)(i) of this Section shall either be defined by the director as an attached accessory dwelling unit, a detached accessory dwelling unit, or a junior accessory dwelling unit, or shall be defined as an accessory structure and not an accessory dwelling unit.

(4)

Junior accessory dwelling unit. A junior accessory dwelling unit is a unit that meets all of the following characteristics:

a.

Is no more than 500 square feet in size and is contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

b.

Is located and contained entirely within a proposed single-unit primary dwelling or entirely within an existing single-unit primary dwelling.

c.

Has a separate entrance from the main entrance to the proposed or existing single-unit dwelling.

d.

Has a bathroom that is either shared with or separate from those of the primary dwelling.

e.

Includes an efficiency kitchen.

(e)

Number of accessory dwelling units per lot or parcel in zones which allow single-family homes. The following number of accessory dwelling units apply in all Zoning Districts that allow single-family homes as a permitted use:

(1)

One attached or detached accessory dwelling unit shall be allowed on a parcel with one proposed or existing primary dwelling.

(2)

One junior accessory dwelling unit shall be allowed on a parcel with one proposed or existing primary dwelling.

(3)

Up to one attached or detached accessory dwelling unit and one junior accessory dwelling unit shall be allowed on a single parcel.

(f)

Type and number of accessory dwelling units per lot or parcels which allow multifamily homes. The following apply to accessory dwelling units in all Zoning Districts that allow multifamily homes as a permitted use:

(1)

Attached accessory dwelling units:

a.

At least one attached or up to 25 percent of the existing multifamily units shall be allowed as attached accessory dwelling units in an existing multifamily development.

b.

Attached accessory dwelling units in a multifamily development may be created only through the conversion of parts of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

(2)

Detached accessory dwelling units. Up to two detached accessory dwelling units shall be allowed on a parcel with one or more multifamily structures, subject to compliance with the development standards for detached accessory dwelling units in this Chapter.

(g)

Attached or converted accessory dwelling unit development standards.

(1)

Location, size, setbacks, and height: The following standards apply to attached accessory dwelling units:

a.

Location. Shall be located on the same lot or parcel as a primary dwelling. An attached accessory dwelling unit can be created by converting a portion of an existing primary dwelling, by constructing a new primary dwelling with an integral accessory dwelling unit, or by constructing an addition to an existing primary dwelling.

b.

Size. The total floor area of an attached accessory dwelling unit shall not exceed 850 square feet for a onebedroom unit or 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling, with a maximum increase in floor area of 1,200 square feet. These limits do not include up to 150 square feet of area added to the primary dwelling for the sole purpose of providing access to the accessory dwelling unit.

c.

Setbacks.

1.

None, if existing living area, garage, or other accessory structure is converted to an accessory dwelling unit (or portion of accessory dwelling unit) with the same dimensions as the existing structure.

2.

Five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

d.

Height. Per the zoning district standard for the primary dwelling.

e.

Access. An attached accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.

f.

Minimum requirements. An accessory dwelling unit shall include at least one bathroom, one kitchen, and one living/dining room.

g.

Garage allowances. Limited to one attached garage, which shall be limited to 50 percent of the accessory dwelling unit conditioned/unconditioned floor area.

h.

Buildup and underfloor regulations. Buildup/underfloor space areas shall not have any improved floor area. Buildup/underfloor areas shall be limited to one light and one plug and may be used as space for equipment serving the accessory dwelling unit.

(2)

Sale of unit. An accessory dwelling unit may be rented, but it shall not be offered for sale apart from the principal unit, nor shall the lot or parcel be subdivided to create a separate building site unless approved pursuant to the subdivision ordinance of this County. No accessory dwelling unit may be offered for rental terms of less than 30 days for accessory dwelling units permitted on or after January 1, 2020. Notwithstanding Section 11.32.030(i), the County may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all the following apply:

a.

The property was built or developed by a qualified nonprofit corporation.

b.

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit that satisfies all the requirements of paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

c.

The property is held pursuant to a recorded tenancy in common agreement that includes all the following provisions:

The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

2.

A repurchase option that requires the qualified buyer first offer the qualified nonprofit corporation the opportunity to buy the property if the buyer desires to sell or convey the property.

3.

A requirement that the qualified buyer occupy the property as the buyer's principal residence.

4.

Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

d.

A grant deed naming the grantor and grantee and describing the property interests being transferred shall be recorded in the County in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

e.

Notwithstanding any provisions in this Chapter, if requested by a utility providing service to the primary residence, the accessory dwelling unit shall have a separate water, sewer, or electrical connection to that utility.

(h)

Detached accessory dwelling unit development standards.

(1)

Location, size, setbacks, and height. The following standards apply to detached accessory dwelling units:

a.

Location. Shall be located on the same lot or parcel as a primary dwelling and be detached from the primary dwelling unit.

b.

Size. No minimum size, except as needed to conform with the requirements for an efficiency unit, as defined in the Building Code. A detached accessory dwelling unit shall not exceed 850 square feet for a one-bedroom unit or 1,200 square feet for an accessory dwelling unit that provides more than one bedroom. The living area includes all conditioned and unconditioned space in the detached accessory dwelling unit.

c.

Setbacks.

Front yard setback: Per the zoning district standard for the primary dwelling.

2.

Side yard: Four feet minimum.

3.

Rear yard: Four feet minimum.

d.

Height. 16 feet for new structures built specifically as an accessory dwelling unit. Existing structures taller than 16 feet can be converted to an accessory dwelling unit consistent with the requirements of this Chapter.

e.

Minimum requirements. An accessory dwelling unit shall include at least one bathroom, one kitchen, and one living/dining room.

f.

Garage allowances: Limited to one attached garage, which shall be limited to 50 percent of the accessory dwelling unit conditioned/unconditioned floor area.

g.

Buildup and underfloor regulations. Buildup/underfloor space areas shall not have any improved floor area. Buildup/underfloor areas shall be limited to one light and one plug and may be used as space for equipment serving the accessory dwelling unit.

h.

Maximum floor area. The floor area of the Second Dwelling Unit for an attached unit shall not exceed 30 percent of the primary dwelling's living area. In addition, the floor area of a detached Second Dwelling Unit shall not exceed 1,200 square feet. A larger floor area may be permitted upon approval of an Administrative Permit.

(2)

Sale of unit. An accessory dwelling unit may be rented, but it shall not be offered for sale apart from the principal unit, nor shall the lot or parcel be subdivided to create a separate building site unless approved pursuant to the subdivision ordinance of this County. No accessory dwelling unit may be offered for rental terms of less than 30 days for accessory dwelling units permitted on or after January 1, 2020. Notwithstanding Section 11.32.030.(i), the County may, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if all the following apply:

a.

The property was built or developed by a qualified nonprofit corporation.

b.

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit that satisfies all the requirements of paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

c.

The property is held pursuant to a recorded tenancy in common agreement that includes all the following provisions:

1.

The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies.

2.

A repurchase option that requires the qualified buyer first offer the qualified nonprofit corporation the opportunity to buy the property if the buyer desires to sell or convey the property.

3.

A requirement that the qualified buyer occupy the property as the buyer's principal residence.

4.

Affordability restrictions on the sale and conveyance of the property that ensure the property will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

d.

A grant deed naming the grantor and grantee and describing the property interests being transferred shall be recorded in the County in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed, pursuant to Section 480.3 of the Revenue and Taxation Code.

e.

Notwithstanding any provisions in this Chapter, if requested by a utility providing service to the primary residence, the accessory dwelling unit shall have a separate water, sewer, or electrical connection to that utility.

(i)

Junior accessory dwelling unit development standards.

(1)

Location, size, setbacks, height. The following standards apply to junior accessory dwelling units:

a.

Location. Shall be located on the same lot or parcel as a primary dwelling and be attached to the primary dwelling by at least one wall or by a ceiling. The junior accessory dwelling unit may be located above or below the primary dwelling.

b.

Size. Maximum of 500 square feet of living area. Up to 150 square feet of building space may be added to the primary dwelling for the sole purpose of providing access to the junior accessory dwelling unit; this shall not count toward the maximum area for the junior accessory dwelling unit.

c.

Setbacks. If the primary dwelling is expanded to create the junior accessory dwelling unit, the addition may maintain the same setbacks as the existing structure, unless a different setback is required by the Fire or Building codes.

(2)

Access. A junior accessory dwelling unit shall have direct exterior access separate from the main entrance to the primary dwelling.

(3)

Kitchen. Each junior accessory dwelling unit shall include an efficiency kitchen.

(4)

Utilities.

a.

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, or power service, or impact fees.

b.

No new or separate utility connection between the junior accessory dwelling unit and the utility shall be required, although the property owner may voluntarily install a submeter for the junior accessory dwelling unit.

c.

Any utility charges or fees shall be consistent with state law.

(5)

Parking. No additional off-street parking is required for the junior accessory dwelling unit.

(6)

Garage allowances. Limited to one attached garage, which shall be limited to 50 percent of the accessory dwelling unit conditioned/unconditioned floor area.

(7)

Buildup and underfloor regulations. Buildup/underfloor space areas shall not have any improved floor area. Buildup/underfloor areas shall be limited to one light and one plug and may be used as space for equipment

serving the junior accessory dwelling unit.

(8)

Owner-occupancy requirements.

a.

A person with legal or equitable title to the primary dwelling shall reside on the property in either the primary dwelling or junior accessory dwelling unit as that person's legal domicile and permanent residence.

b.

The owner occupancy requirement does not apply if the property is entirely owned by a governmental agency, land trust, or non-profit housing organization.

c.

Prior to issuance of a building permit for a junior accessory dwelling unit, a deed restriction shall be recorded in the chain of title of the primary single-unit property. The form of the deed restriction shall be approved by the City Attorney and shall provide that the junior accessory dwelling units not be sold separately from the primary dwelling.

d.

The deed restriction shall run with the land and shall be enforced against future property owners.

(9)

Connection fee. A connection fee shall not be collected for water, sewer, power, or other utility for a junior accessory dwelling unit.

(10)

Safety requirements. For purposes of fire or life-protection regulations, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

(11)

Deed restrictions. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the County attorney that includes the following:

a.

A prohibition of the sale of the junior accessory dwelling unit separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling units.

(12)

Inspections. No subdivision of this Development Code shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a junior accessory dwelling unit complies with applicable development standards.

(j)

Additional standards applicable to all accessory dwelling units.

(1)

Conversion setback. No setback shall be required for an existing living area, garage, or other accessory structure that is converted to an accessory dwelling unit (or portion of accessory dwelling unit) with the same dimensions as the existing structure.

(2)

Certificate of occupancy. The County shall not issue a certificate of occupancy for an accessory dwelling unit before the certificate of occupancy is issued for the primary residence.

(3)

Encroachments. Except as otherwise provided in this Chapter, the accessory dwelling unit shall not increase an existing or create a new encroachment upon any required front, side, or rear yard space; increase building height or coverage beyond the standards prescribed for the district in which it is located; or decrease the distance between structures that is required.

(4)

Passageways and entrances. No passageway or entrance within view of a street shall be required in conjunction with the construction of an accessory dwelling unit.

(5)

Fire sprinklers. Fire sprinklers are not required for accessory dwelling units if they are not required by the building code for the proposed single-family or multifamily residence. Fire sprinklers would not be required for the existing primary structure unless triggered by some other building code or fire code requirement.

(6)

Utility connections. Notwithstanding any provision to the contrary contained in this Code (or in any code adopted by reference in this Code), an accessory dwelling unit may be connected to a district sewerage system through a side sewer shared with the existing residence on the site, or it may have its own side sewer. In either case, the connection of the accessory dwelling unit to the district sewerage system is subject to the requirements of this Chapter 11.32.030, including obtaining applicable permits, paying connection charges (where applicable), and paying user charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for utilities, including water, sewer, and other utilities as defined, unless the accessory dwelling unit was constructed with a new single-family dwelling. Separate metering of utilities is not required for accessory dwelling units unless they are constructed with a new primary dwelling.

(7)

Well or septic systems. Where a well or septic system is used for the proposed ADU, approval by the Environmental Health Department will be required, as allowed by Government Code Section 65852.2(a)(1)(D)(ix). An on-site sewage treatment, conveyance, and disposal system will be required by the County Code, Chapter 7.07.

(8)

Manufactured housing. Except as otherwise provided in this Chapter, accessory dwelling units shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing on a permanent foundation if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing.

(9)

Permit denial exemption. No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit, administrative use permit, minor-use permit, or conditional use permit.

(10)

Transfer of sale. Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

(11)

Development fees. Fees will be charged for the construction of accessory dwelling units, in accordance with Chapter 13.50 of the Yuba County Development Code and state law.

a.

The County, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet.

b.

Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

c.

School districts are authorized but do not have to levy impact fees for accessory dwelling unit greater than 500 square feet pursuant to Section 17620 of the Education Code. Accessory dwelling units less than 500 square feet are not subject to school impact fees.

(k)

Code enforcement. The code enforcement officer may conduct a review of accessory dwelling units within the County. The code enforcement officer or designee may enforce all provisions of this Code and provisions of

state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions:

(1)

Reporting. A code enforcement officer may report:

a.

A change in ownership of the lot or parcel of land on which the residential units are situated.

b.

A change in the occupancy of the residential units that is not in compliance with this Section.

(2)

Violation. A code enforcement officer may issue to an owner of an accessory dwelling unit a notice to correct a violation of any provision of any building standard or any failure to comply with this Section. The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

a.

The accessory dwelling unit was built before January 1, 2020.

b.

The accessory dwelling unit was built on or after January 1, 2020; however, at the time the unit was built, the County had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

(3)

Violation correction. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances, as described in Section 11.67, may submit an application to the County requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

a.

The County shall grant an application described in Section 11.67 if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the Zoning Administrator shall consult with the code enforcement officer, building official, and/or the State Fire Marshal or designee pursuant to Section 13146 of the Health and Safety Code.

b.

The County shall not approve any applications pursuant to this Section on or after January 1, 2030. However, any delay that was approved by the County before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application, pursuant to Section 11.67. If upon such

review it appears that in a particular case a violation of the provisions of this Chapter has occurred, the code enforcement officer may take such action as deemed necessary by the County attorney to correct any violation.

(Ord. No. 1624)

(a)

Applicability. Housing for agricultural employees or immediate family of those employed for the exclusive purpose of agricultural pursuits either on the premises or off-site shall be designed, operated and located according to the standards of this Section except as provided below.

(1)

Housing for six or fewer persons. A residential structure providing accommodation for six or fewer persons shall be considered a single-unit residential use and shall be allowed by right in any district that permits single-unit residential uses.

(2)

Residential development in non-agricultural districts. Multi-Unit Residential, Boarding Facility, or Single-Room Occupancy uses located in a non-agricultural district. These housing types, whether designed for and occupied by farm workers or other residents, shall be subject to the same use and development regulations as they otherwise would in the applicable districts.

(b)

Number of housing units allowed. No more than 36 beds in a group quarters or up to 12 dwelling units or spaces designed for use by a single family or household (up to six agricultural employees) are allowed on an individual parcel. The Planning Commission may authorize additional beds or units through a Conditional Use Permit where the Planning Commission makes specific findings that document the necessity for the number of approved units. For sites with a combination of group quarters or individual units the following combinations are permitted without approval of a Conditional Use Permit:

(1)

Eighteen beds and six single household units (50:50 percent); or

(2)

Twenty-seven beds and three single household units (75:25 percent); or

(3)

Nine beds and nine single household units (25:75 percent).

(c)

Development standards.

(1)

Agricultural employee verification. As part of the building permit application, an agricultural employee verification form shall be submitted to the Planning Department. The verification form shall include information regarding the housing type, number of dwelling units or beds, type of residency (permanent, temporary, or seasonal), entity responsible for housing maintenance and upkeep, copy of permit to operate from the California Department of Housing and Community Development if applicable, and notarized statement that the housing is for agricultural employees and their families as defined in the County Code.

(2)

All housing, whether permanent or temporary, shall meet the development standards of the district and be subject to all applicable building, fire, and health codes.

a.

Location. Agricultural employee housing shall be located at least 50 feet from barns, pens or other structures that house livestock. The housing shall be located off of prime and productive agricultural land, unless no other alternative locations exist on the site.

(3)

Housing shall be constructed and maintained to conform to the State Department of Housing and Community Development regulations for employee housing. Housing for five or more agricultural employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain all required permits from the California Housing and Community Development (HCD) Department.

(4)

Mobile homes used specifically for such housing shall be maintained in compliance with the applicable requirements of the Manufactured Housing Act (Health and Safety Code Section 18000, et seq.). For purposes of zoning, manufactured homes utilized for agricultural labor housing shall not be considered a mobile home park.

(5)

Temporary housing facilities. The use of tents, recreational vehicles, mobile camping equipment or other temporary facilities approved for human habitation for agricultural employees may be allowed upon approval of an Administrative Use Permit. In addition to the criteria stated above, temporary housing facilities for agricultural employees shall meet the following requirements:

a.

Use of temporary housing facilities is limited to a maximum duration of 90 days per calendar year in one location (cumulative) unless a longer time period is approved through approval of an administrative use permit;

b.

Shall be located a minimum of 100 feet from public rights-of-way, property lines, and season or permanent water ways;

c.

Shall obtain clearances from the Environmental Health Department for the provisions of water; waste water, solid waste; and any proposed food facilities.

(Ord. No. 1624)

It is the intent of the following regulations to keep and maintain domestic, farm/livestock, and exotic animals on their private property in a manner that will protect the health, safety and welfare or nearby residents, and to protect the health, safety, and welfare of animals.

(1)

Regulations pertaining to livestock.

a.

Enclosure location (county-wide). No barn, coop, stable, or corral shall be located closer than 50 feet to any abutting dwelling, except for caretaker quarters and shall be a minimum of 100 feet from any well or year round creek or river.

1.

The raising and keeping of animal livestock is prohibited within the front yards of properties within the valley growth boundary.

b.

Minimum parcel size. Within the valley growth boundary, parcels shall be a minimum of one acre in size.

1.

Educational project exemption. Temporary education projects, including, but not limited to FFA, 4-H, and school projects, conducted by students (living at the subject property) through the twelfth grade plus one year thereafter and under the direct supervision of a qualified, responsible adult advisor or instructor may apply for a waiver to the minimum lot size or zone district which do not otherwise permit the raising and keeping of such animals pursuant to Chapter 11.60, Waivers and Modifications. The Zoning Administrator may only approve a waiver after consultation with the agricultural commissioner and a determination that adverse impacts to neighboring residents are effectively mitigated. Waivers shall be valid for a 12-month period and may be renewed annually.

2.

The raising of animals on a residential parcel located within the valley growth boundary that has not established a primary use is not permitted.

c.

Maximum number of animals. Within the valley growth boundary, the number of animals permitted is based on the zone district, acreage of the site and type of animals calculated by animal unit equivalent.

Animal unit (AU). For purposes of this Code, an animal unit is a unit of measure indicating the ability of land to support a specific density of livestock as well as maintain the intended character of the zone district. For calculation purposes only livestock are counted. See Table 11.32.050-(1)c.1. for animal calculations.

2.

Specific type of animals permitted. The following requirements apply to the keeping or raising of livestock. More than one type of animal may be kept on a single site so long as the number of animal units per acre and maximum number of animal units per parcel is not exceeded. For example a parcel designated as RS that is one acre in size is allowed a total of one animal unit equivalent (1 AU) which could be comprised of one horse (1 AU) or two sheep and 13 chickens (1 AU), or two goats, eight chickens, and eight rabbits (1 AU).

3.

Exceptions. Increases in the maximum number of animal units allowed per acre or parcel may be allowed through approval of a waiver when the increase is less than 25 percent, an Administrative Use Permit for increases up to 50 percent, or a minor conditional use permit for increases greater than 50 percent.

i.

The decision-making authority may only approve an increase in the number of livestock after consultation with the Agricultural Commissioner, Environmental Health Department and a determination that adverse impacts to neighboring residents are effectively mitigated.

4.

Fuel reduction (brush and vegetation). The temporary use of sheep and goats to reduce the amount of on-site brush and vegetation is permitted on sites greater than one acre in size, but shall not exceed a total of two weeks within any 12 month period.

d.

Operation and maintenance standards (county-wide).

1.

Odor and vector control. Except parcels designated as AE or AI, pastures agricultural accessory structures and animal enclosures, including but not limited to pens, coops, cages, barns, corrals, paddocks and feed areas shall be maintained free from excessive litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Sites shall be maintained in a neat and sanitary manner.

2.

Erosion and sedimentation control. In no case shall any person allow keeping of livestock to cause significant soil erosion, or to produce sedimentation on any public road, adjoining property, or in any drainage channel.

3.

If the keeping of livestock on the site is not maintained in compliance with the provisions of this Section it shall be deemed a public nuisance and may be subject to abatement as set forth in Section 11.67.020, Enforcement of this Code and Titles VII (Health and Sanitation) and VII (Public Peace and Safety) of the County Code.

(2)

Regulations pertaining to outdoor aviaries. Within the valley growth boundary, the keeping of domestic or exotic birds primarily, other than those classified as livestock (game foul and chickens, squab, ostriches, emus, peacocks, turkeys, and similar birds), is permitted pursuant to Table 11.32.050-(2)b. Any species of domestic or exotic bird(s) (except livestock) which is raised or kept inside of a residence is considered a household pet and is otherwise regulated by the provisions in Subsection 11.32.050(6) of this Section. The keeping of imported birds may also require approval by: U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Wildlife, and/or the California Department of Food and Agriculture, in addition to any approval required by this Code.

a.

Bird classes.

1.

Class 1. Canaries, parakeets, finch and similar small songbirds.

Class 2. Cockatiels, quail, doves, pigeons, and similar types of birds.

3.

Class 3. Cockatoos, parrots and similar types of birds.

b.

Number of birds permitted. Outdoor aviaries are permitted in all agricultural districts and as an incidental and accessory use to a permitted residence when no commercial activity is involved in all applicable zone districts that allow for a residence. The number of birds allowed is based on the net acreage of the parcel the aviary is located on.

c.

Exceptions. Increases in the maximum number of birds is allowed through approval of a waiver when the increase is less than 25 percent, an Administrative Use Permit for increases up to 50 percent, or a Minor Conditional Use Permit for increases greater than 50 percent.

d.

Operation and maintenance standards. The standards specified in Subsection 11.32.050.(1)d. above shall apply to outdoor aviaries.

(3)

Regulations pertaining to apiaries/bee keeping. The keeping of bees shall not be permitted within the valley growth boundary except on existing agricultural properties. Where bees are permitted they are subject to the requirements of the Agricultural Commissioner.

(4)

Regulations pertaining to wild animals (county-wide). The keeping of wild animals shall be limited to wildlife sanctuaries or wildlife rehabilitations facilities. All such facilities shall obtain approval of an administrative use permit and any required licenses from Yuba County Animal Care Services and the California Department of Fish and Wildlife.

(5)

Regulations pertaining to household pets (county-wide). When conducted within the house or within a residential accessory structure on the same site, the keeping of common household pets, including but not limited to: dogs, cats, guinea pigs, hamsters, rabbits, domestic or exotic birds (except livestock breeds), nonpoisonous reptiles and amphibians, fish, and/or the keeping of other small domesticated or caged small animals incidental and accessory to a permitted residential use when no commercial activity is involved is permitted in all applicable zone districts.

a.

Operation and maintenance standards.

1.

Odor and vector control. The premises where household pets are kept shall be maintained in a clean and sanitary manner by the removal of waste, litter or garbage, so as to discourage the proliferation of flies, other disease vectors, and offensive odors.

2.

Erosion and sedimentation control. In no case shall any person allow animal keeping to cause significant soil erosion, or to produce sedimentation on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a public nuisance and may be subject to abatement as set forth in Section 11.67.020, Enforcement of this Code and Titles VII (Health and Sanitation) and VII (Public Peace and Safety) of the County Code.

3.

Nuisance declared. Where it is found by the Environmental Health Director that the keeping of household pets in such a number or manner is injurious to the health, safety, or welfare of the inhabitants of the home, the household pets, or adjacent residences, the Environmental Health Director may through written findings declare the keeping of such pets a public nuisance subject to the procedures listed in Chapter 11.67, Enforcement and Abatement Procedures.

4.

Hobby and commercial kennels. Hobby and commercial kennels are also subject to any permits and requirements established by the Environmental Health Department.

b.

Dogs. The keeping of dogs and similar animals (pygmy goats, pot-bellied pigs, etc.) for personal purposes (pets) including the temporary fostering of such animals is permitted in all zone districts that allow for a residence or where guard dogs are permitted. The number of dogs and similar animals permitted is based on the zone district as identified in Table 11.32.050(5)b. of this Chapter. Dogs kept for personal purposes are limited to no more than one litter per 12-month period regardless of the number of dogs owned/permitted. The breeding of dogs in excess of one litter per 12-month period is considered a commercial kennel and is only allowed in those districts that allow for commercial kennels subject to any required permits including but not limited to a kennel permit from the Environmental Health Department.

1.

Dogs over four months of age in excess of the number principally permitted may be allowed as a hobby kennel with approval of an administrative use permit.

2.

The keeping of dogs over four months of age in excess of the number allowed as a hobby kennel will be considered a commercial kennel and is only allowed in those districts that allow for kennels subject to any required permits.

3.

The keeping of dogs and similar animals owned by others, or offering training, grooming, therapy, boarding or other services is considered a commercial kennel or pet service and is only allowed in those districts where kennel, pet grooming, and animal services are listed as a permitted or conditionally permitted use.

4.

Agricultural operations. Dogs used in herding livestock or other permitted agricultural use are excluded from the provisions in Table 11.32.050(5)b. below.

5.

Guard dogs. In non-residential areas, up to two guard dogs are permitted per business establishment. Additional guard dogs may be authorized through a waiver from the Zoning Administrator where it can be demonstrated that additional guard dogs are needed to adequately secure the facility.

1. All other zone districts: Keeping (boarding, breeding, sale) of dogs or similar animals is considered a commercial kennel or pet store and is subject to the requirements and permitted uses of the specific zone district.

2. The decision-making authority may only approve an increase in the number of animals after consultation with the Environmental Health Department and Animal Control and a determination that the property has adequate space to allow for additional animals and any adverse impacts to neighboring residents are effectively mitigated.

(6)

Non-conforming animal keeping. The keeping of types or numbers of animals not allowed in a particular zoning district may be continued provided that:

a.

The number of animals existing on the site was legally permitted prior to the adoption of this Development Code.

b.

The number of animals legally existing on the site on the effective date of this Development Code shall not be increased unless allowed pursuant to the requirements of this Section.

c.

New offspring of legally existing animals may be retained on-site until four months of age or until weaned, after which the new animals are to be removed.

d.

Deceased animals shall not be replaced.

e.

Animals that are relocated to another location for a period greater than 90 days shall not be replaced or brought back to the non-conforming site.

f.

Owners of non-conforming animals shall also be subject to the management practices of this Chapter.

(Ord. No. 1624)

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with the following standards:

(1)

Landscaping and screening. Within the valley growth boundary, landscaping and screening shall be provided as follows:

a.

A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a residential district for parcels located in the valley growth boundary.

b.

A landscaped planter with a minimum inside width of eight feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least six feet shall be provided along all other property lines that abut a residential district.

(2)

Application review and findings for approval. The decision-making authority shall only approve an automobile/vehicle sales and service facility if it finds that:

a.

The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

b.

The site design, including the location and number of driveways, will promote safe and efficient on-site and offsite traffic circulation.

c.

Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

d.

Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

e.

The washing facility will not have an adverse impact on water supply and quality.

(3)

Conditions of approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

(4)

Automobile/vehicle sales and leasing. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle dealers that offer maintenance and servicing of the type of vehicles sold on site.

(5)

Automobile/vehicle service and repair, major and minor. Major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards:

a.

Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building or enclosure to attenuate noise unto adjacent properties.

b.

Work areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

c.

Vehicle storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 11.19.080, Screening.

d.

Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

(6)

Automobile/vehicle washing. Automobile/vehicle washing facilities are subject to the following standards:

a.

Washing facilities. No building or structure shall be located within 30 feet of any public street or within 20 feet of any interior property line of a residential use or residential district. Washing facilities are subject to drainage and clean water regulations as determined by the Public Works Department.

b.

Hours of operation. When abutting a residential district, the hours of operation are limited to 8:00 a.m. to 8:00 p.m., seven days a week.

(7)

Service stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards:

a.

Pump islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten feet within this distance.

b.

Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within 12 months subsequent to the close of the last business day.

(Ord. No. 1624)

Private campgrounds and RV parks shall be located, developed, and operated in compliance with following standards:

(1)

Unauthorized camping prohibited. It shall be unlawful to place, maintain, use, or occupy any vehicle or temporary structure, such as a tent, lean-to, or other makeshift enclosure for which no building permit has been issued, on any lot of real property for the purpose of camping, dwelling, maintaining, or establishing a temporary or permanent residency except under the following circumstances:

a.

Properties located outside the valley growth boundary. Property owners camping on their own real property shall be limited to 14 days within any 60-day period.

1.

Refuse and solid waste shall be properly managed in accordance with the requirements of Environmental Health Department and Chapter 7.05 of the County Code, Removal of Refuse.

2.

Burning of refuse is prohibited.

(2)

Compliance with state law. All campgrounds shall comply with the minimum standards of the Special Occupancy Parks Act (Health and Safety Code Section 18860, et seq.) and the applicable regulations adopted by the Department of Housing and Community Development (Code of Regulations, Title 25, Chapter 2.2) including, but not limited to setback and separation standards, infrastructure requirements, operations, maintenance, and inspections within these facilities.

a.

Organized camps meeting the definition of CA Health and Safety Code, Division 13, Part 2.3, Sections 18897— 18897.7; and Title 17, Subchapters 6, Sections 30700—30753 of the California Code of Regulations are subject to regulation by the Environmental Health Department. Permits to operate organized camps along with the associated food facility, public swimming pools and public water systems are issued by the Environmental

Health Department. Enforcement of building code standards for organized camps will be delegated from the Environmental Health Department to the Building Department.

(3)

Minimum area and density. The minimum area of a campground shall be three acres. A minimum of 50 percent of the total site area shall be left in its natural state or be landscaped. The remaining 50 percent of land is eligible for development. For campgrounds with designated camping areas, each individual campsite or RV space shall be no less than 1,000 square feet. The overnight population per campsite, RV space, or cabin shall not exceed six persons. Occupancy of group sites and cabins will be determined through the use permit based on size and location.

(4)

Fencing. A fence, wall, landscaping screen, earth mound or other screening approved by the Planning Director, or otherwise required by this Code, may be required as needed for public safety. Fencing to delineate campground boundaries may also be permitted, but should be of a design consistent with character of the neighborhood.

(5)

Access. Campground access roads shall have clear and unobstructed access to a public roadway. There shall be no direct access from an individual campsite, RV space, or cabin to a public roadway.

(6)

Trash collection areas. Trash collection areas shall be adequately distributed and enclosed by a six-foot-high landscape screen, solid wall, or fence that is accessible on one side. Bear-resistant garbage can containers may be required.

(7)

Water supply and sewage disposal. Adequate water supply and/or septic capability is available to serve the project, as determined by the County Department of Environmental Health.

(8)

Commercial use. Campgrounds may include minor accessory commercial uses such as recreational equipment rental or general stores subject to use permit approval.

(9)

Length of stay. The maximum length of stay in any campground shall not exceed 21 consecutive days within a 30-day period unless a longer time period is approved through the use permit.

(10)

Structures and recreational facilities. The following standards apply to structures on the site, apart from the personal residence of the property owner or caretaker:

a.

Structures are limited to: restrooms/showers; clubhouse, which may contain one commercial kitchen facility and be used for minor recreational purposes; and, cabins, yurts, and permanent RV trailers for transient occupancy.

b.

Campgrounds may include minor accessory recreational uses or structures such as but not limited to swimming pools and tennis courts.

(Ord. No. 1624)

Caretaker residences shall be located, developed, and operated in compliance with following standards:

(1)

Accessory use. A caretaker residence is intended for sites that do not allow a single-unit dwelling by right. The caretaker residence must be accessory to a primary use that requires a caretaker for security purposes or for continuous supervision or care of people, plants, animals, equipment, or other conditions on site. See also agricultural labor housing and employee housing.

(2)

Number of units. A maximum of one caretaker residence is permitted per site.

(3)

Occupancy. At least one of the occupants of the caretaker residence shall be the owner or lessee, or an employee of the owner or lessee of the site.

(4)

Location. A caretaker residence shall be located on the same lot as the primary use it serves. It may be located within or attached to a building on the site or as a detached structure.

(5)

Compliance with building standards.

a.

All housing, whether permanent or temporary, shall meet the development standards for the zone and be subject to all applicable building, fire, and health codes.

b.

Permanent housing shall be constructed and maintained to conform to State Department of Housing and Community Development regulations for employee housing (Health and Safety Code Section 17000 et seq.).

c.

Mobile homes and recreational vehicles used specifically for such housing shall be maintained in compliance with the applicable requirements of the Manufactured Housing Act (Health and Safety Code Section 18000 et

seq.).

(6)

Removal of housing unit. A caretaker residence shall remain in use concurrent with the existence of the use that justifies the housing unit. Upon termination of the allowed primary use, the caretaker residence shall be removed if a temporary structure, or converted to another allowed use if a permanent structure.

(Ord. No. 1624)

Drive-in or drive-thru facilities shall be located, developed and operated in compliance with the following standards:

(1)

Where allowed. Drive-in and drive-thru facilities are allowed, subject to approval of a zoning clearance or in conjunction with a discretionary permit as authorized by the base zone district.

(2)

Drive-in and drive-through aisles. Drive-in and drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

(3)

Drive-in and drive-through queue area. Each drive-through aisle shall provide a sufficient queue for four cars, of at least 80 feet, and the queue area shall not interfere with public rights-of-way or streets, or with on- or off-site circulation and parking. The Planning Director may grant exceptions to the queue size based on an interior traffic circulation study.

(4)

Screening. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

(5)

Menu boards. Menu boards shall not exceed 32 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way unless located at least 35 feet from the street and adequately screened from view. All outdoor speakers shall be directed away from any residential district or residential use.

(6)

Pedestrian walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(Ord. No. 1624)

Emergency shelters shall be located, developed, and operated according to the following standards:

(1)

Location. An emergency shelter providing up to 25 beds shall not be required to be more than 300 feet of another Emergency Shelter.

(2)

Length of stay. Occupancy for any one individual in the emergency shelter shall be limited to six months (180 days) within any 12-month period.

(3)

On-site waiting and intake areas. The emergency shelter shall provide on-site waiting and intake areas, such areas shall be located either inside the facility or fully screened from view of the public right-of-way and neighboring properties.

(4)

Hours of operation. Each emergency shelter shall establish and maintain set hours of operation for client intake and discharge. These hours shall be clearly displayed at the entrance to the shelter at all times. The shelter operator shall discourage loitering of clients in the vicinity of the shelter during non-intake hours of operation.

(5)

Staffing. On-site management shall be provided 24 hours a day seven days a week and accompanied by support staff. Only individuals that do not utilize a client bed/or other on-site services are eligible as on-site management.

(6)

Management plan. Prior to commencing operation, the emergency shelter provider must have a written management plan. The management plan must include the following:

a.

Total number of beds provided, including the number of beds, if any, are reserved for persons under the age of 16.

b.

Minimum square footage of personal living space for each resident, the square footage of indoor and outdoor common areas, and the number of bathing/bathroom facilities.

c.

Staffing information including the total number of staff and staffing by shift, provisions for staff training, and contact information for key staff.

d.

Resident identification process and the type of clientele served. Include provisions for dealing with sex offenders and/or parolees.

e.

Description of training, counseling, social services, or other types of services that will be provided on-site. Food related services may require additional permits and/or clearances from the Environmental Health Department.

f.

Policies regarding pets. Kennels may require a permit from the Environmental Health Department. Outdoor Kennels require approval of a Conditional Use Permit when associated with an emergency shelter.

g.

Timing and location of outdoor activities.

h.

Temporary storage of residents' belongings.

i.

Safety and security including lighting.

j.

Site plan, floor plan, and building elevations.

(Ord. No. 1624)

(a)

Applicability. To provide a mechanism for on-site employee housing where the subject business, operation or institution proposing employee housing is in a location where other housing is unavailable, infeasible, or is necessary for the operational characteristics of the business.

(b)

Occupancy. At least one of the occupants of each employee housing unit shall be a full-time employee of the business, operation or institution that qualifies for employee housing pursuant to this Section.

(c)

Location. Employee housing shall be located on the same lot as the primary use it serves, unless an off-site location is approved by the Planning Commission through approval of a minor conditional use permit. A finding shall be made indicating that due to topography, operational characteristics, or other site constraints it is infeasible for the employee housing to be located on the same site as the use requiring the employee housing. In no instance shall the employee housing be located more than one mile from the use requiring the employee housing.

(d)

Number of units: The number of dwelling units designed for single family/households or number of beds in group quarters shall be determined by the decision-making authority. The applicant shall submit documentation demonstrating the number of units/beds necessary for the conduct of the principal use.

(e)

Removal of housing unit. Employee housing may remain in use concurrent with the existence of the use that justifies the housing unit. Upon termination of the allowed primary use, the employee housing shall be removed if a temporary structure, or converted to another allowed use if a permanent structure.

(f)

Development standards.

a.

All housing, whether permanent or temporary, shall meet the development standards of the district and be subject to all applicable building, fire, and health codes.

1.

Location. Employee housing shall be located at least 50 feet from barns, pens or other structures that house livestock.

b.

Mobile homes used specifically for such housing shall be maintained in compliance with the applicable requirements of the Manufactured Housing Act (Health and Safety Code Section 18000, et seq.). For purposes of zoning, manufactured homes utilized for employee housing shall not be considered a mobile home park.

c.

Temporary housing facilities. The use of tents, recreational vehicles, mobile camping equipment or other temporary facilities approved for human habitation for employees may be allowed upon approval of a Minor Conditional Use Permit. In addition to the criteria stated above, temporary housing facilities for employees shall meet the following requirements:

1.

Length of time temporary housing facilities may be used during a calendar year shall be determined through the use permit process;

2.

Shall be located a minimum of 100 feet from public rights-of-way, property lines, and seasonal or permanent water ways;

3.

Shall obtain clearances from the Environmental Health Department for the provisions of water; waste water, solid waste; and any proposed food facilities.

(Ord. No. 1624)

(a)

Number. The number of large family day care homes located along a street frontage are limited to the following:

(1)

One per 1,000 linear feet of street frontage in the residential zones and Plumas Lake Specific Plan.

(2)

One per 2,500 linear feet of street frontage in the AE and AR, zones.

(b)

Parking. Three spaces are in addition to the two off-street spaces for primary residence. Driveways may be utilized to accommodate parking for the day care.

(Ord. No. 1624)

(a)

Limitation in valley growth boundary. In any residential district, farmers' markets may be permitted only on parking lots and other paved areas serving community facilities; schools; or other public or quasi-public uses. Farmers markets in commercial districts may be permitted as special events as identified in Section 11.32.320.

(b)

Limitation in agricultural and rural community districts. Farmer's markets in agricultural districts and rural residential districts that are not located at community facilities or schools may be permitted as part of a ranch marketing operation. Farmers markets in rural commercial zone districts may be permitted as special events as identified in Section 11.32.320.

(c)

Operational standards. Farmers markets shall comply with the following standards:

(1)

The market is operated by one or more certified producers, a nonprofit organization, or a local government agency;

(2)

All producers are authorized by the County Agricultural Commissioner to sell directly to consumers farm products or value-added farm products;

(3)

The market operator and/or producers secure all necessary licenses, certificates and health permits, and all agricultural products meet all pertaining health and safety standards;

(4)

Documentation is provided to show that all standards set forth in this Section are met.

(d)

Hours of operation. Market activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m., with one hour provided for set-up and one hour for clean-up and take-down.

(e)

Lighting. Any lighting must be shielded so as not to shine directly or indirectly on adjacent property.

(f)

Waste disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

(g)

Management plan. In instances where a zoning clearance or administrative use permit is required, a management plan shall also be prepared and provided to the review authority, including the following:

(1)

Identification of (a) Market Manager(s), who shall be present during all hours of operation.

(2)

A set of operating rules addressing dates and hours of operation; maintenance; security; refuse collection; and parking.

a.

Site circulation. Market shall not block accessible pathways or parking spaces, public rights-of-way, sidewalks, or impede on-site circulation and parking for either the market or any businesses that are operating on the site.

(Ord. No. 1624)

Home occupations shall be located and operated in compliance with the following standards:

(1)

Terms of use. A home occupation is considered accessory and incidental to a primary residential use.

(2)

Zoning clearance required, not transferable. A zoning clearance or self certification is required for each home occupation, pursuant to the provisions of Chapter 11.55, Zoning Clearances. A zoning clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new zoning clearance or self certification must be obtained for each new home occupation.

(3)

Operational and performance standards. Home occupations must be located and operated consistent with the following standards:

a.

No person other than members of the family residing on the premises shall be engaged in such occupation.

b.

Instructional services shall be limited to no more than two students at one time and no more than four lessons/appointments per day.

c.

Personal services such as barbers, beauty salons and nail salons or dog grooming when conducted by appointment only and do not exceed four appointments per day.

d.

Not more than 25 percent of the floor area of the dwelling unit, including attached garages, shall be used in the conduct of the home occupation.

e.

Within the valley growth boundary, no building or space outside of the dwelling unit and attached garage shall be used for home occupation purposes. Any work conducted within a garage shall be done with the garage doors closed. Outside the valley growth boundary, detached garages, workshops and enclosed accessory structures may be utilized as part of the home occupation and do not count towards the limitation on floor area specified above.

f.

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use.

g.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference,

no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or cause fluctuations in the line voltage off the premises.

h.

The home occupation shall not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

i.

All maintenance or service vehicles and equipment, or any vehicle bearing any advertisement related to the home occupation or any other similar vehicle shall be garaged or entirely screened. Such vehicle shall not have more than two axles.

j.

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district.

k.

There shall be complete conformity with Fire, Building, Plumbing, Electrical and Health Codes and to all Federal, State and County laws or ordinances.

l.

Home occupations that exceed the standards for vehicle trips, employees, or that have display/sales areas may be permitted upon approval of an Administrative or Minor Use Permit as established by the following table:

Vehicle trip: Each vehicle to or from establishment counts as 1 trip (i.e. 2 deliveries to an establishment in 1 day constitutes 4 vehicle trips).

(4)

Cottage food operations. A cottage food operation is allowed as an accessory use to any legally established residential unit subject to the standards of this Code, which are consistent with and implement State law (Sections 51035 et seq. of the Government Code and Sections 109947, 110050, 110460, 111955, 113789, 113851, 114021, 114023, 114390, 114405, and 114409, 113758, and 114088, and 114365 et seq. of the Health and Safety Code), relating to food safety:

a.

Registration. Cottage food operations shall be registered as "Class A" or "Class B" cottage food operations and shall meet the respective health and safety standards set forth in Section 114365 et seq. of the California Health and Safety Code.

b.

Sales. Sales directly from a cottage food operation are limited to the sale of cottage food products. A cottage food operation shall not exceed the gross annual sales that is set forth by the California Department of Public Health in each calendar year that follows.

c.

Operator and employee allowed. Only the cottage food operator and members of his or her household living in the unit, as well as one full-time equivalent cottage food employee, may participate in a cottage food operation.

d.

No exterior alteration. No exterior physical alteration or addition that would change the residential character of the unit is allowed in conjunction with the establishment of a cottage food operation.

e.

Location of operations. No sales, production, or materials storage associated with the cottage food operation may be located in an area generally visible from a public right-of-way.

Equipment. Cottage food operations may employ kitchen equipment as needed to produce products for which the operation has received registration, provided that equipment would not change the residential character of the unit, result in safety hazards, or create smoke or steam noticeable at the lot line of an adjoining residential property. Venting of kitchen equipment shall not be directed toward neighboring residential uses. If a commercial kitchen is required, the use is not classified as a cottage food industry. Please refer to Section 11.72.040, Commercial Use Classifications: Food Preparation and Section 11.74, Land Use Regulation Table.

(5)

Prohibited home occupations. The following specific businesses are not permitted as home occupations:

a.

Adult-oriented business;

b.

Ambulance services;

c.

Vehicle or equipment repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers and boats;

d.

Automotive/vehicle sales with any on-site storage or sale of vehicles;

e.

Boarding, care, training, or breeding of animals for commercial purposes (except as permitted as a hobby kennel and subject to the regulations of Chapter 6.25, Pet Shops and Kennels, of the County Code).

f.

Veterinary services;

g.

Commercial food preparation, food handling, processing or packing other than that qualifying as a cottage food industry.

h.

Wood working or similar uses with excessive dust or noise when located within the valley growth boundary. Outside valley growth boundary must meet home occupation development standards;

i.

Medical and dental offices, clinics, and laboratories;

j.

Mini storage;

k.

Mortuaries;

l.

Recording studio (electronic composition, recording, and re-mixing conducted with headphones and using no amplification, live instruments or live performance excepted);

m.

Restaurants;

n.

Retail stores;

o.

Towing service;

p.

Welding, metal working, and machining businesses when located within the valley growth boundary. Outside valley growth boundary must meet home occupation development standards.

(6)

Denial and revocation of home occupation zoning clearances. A home occupation approval may be revoked or modified by the Planning Director subsequent to an administrative hearing for violation of any standard of this Section. In the event of the revocation of any home occupation approval, or of objection to the limitations placed thereon, appeal may be made in accordance with Section 11.53.150, Appeals and Calls for Review.

(Ord. No. 1624)

Agricultural Homestays and Bed and Breakfast Inns (B&B) shall be developed, located, and operated in compliance with the following standards:

(1)

Other permits and clearances. All B&B and agricultural homestays are subject to obtaining any required business licenses and payment of transient occupancy taxes as determined by the County Tax Collector's office. Facilities that provide meals or snacks to guests shall also obtain all required Environmental Health permits and clearances for a "restricted food service facility".

a.

Establishments that exceed the thresholds listed for B&Bs or agricultural homestays (i.e. number of rooms rented or meals served) shall be classified as a hotel/motel and is subject to the requirements and zone districts that allow such uses.

(2)

Agricultural homestays. Agricultural homestays shall be accessory and subordinate to an on-site, bona fide agricultural or ranching operation and operated by a resident of the property. They shall comply with the following standards:

a.

The use is limited to a maximum of 15 visitors at any one time.

b.

Meals may be served to overnight guests only. There are no limitations on the number of meals or the times at which they are served. The price of food shall be included in the price of the overnight accommodations, in compliance with the California Retail Food Codes (Health and Safety Code Section 113893) enforced by the County.

(3)

Bed and breakfasts. Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards:

a.

Type of structure. A bed and breakfast may only be located, developed and operated in a single-family dwelling, unless authorized with the approval of a use permit.

b.

Appearance. In all residential districts, the exterior appearance of a structure housing a bed and breakfast shall not be altered from its original single-family character.

c.

Limitation on services provided. Service of meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited. Unless a commercial kitchen is installed and approved by the Environmental Health Department, meals are limited to breakfast and pre-packaged self serve snacks as regulated by the California Health and Safety Code.

(4)

Health resorts and retreat centers.

a.

Compatibility with adjacent uses. Lots adjacent to or within agricultural zoning must be reviewed by the Yuba County Agricultural Commissioner for compatibility with surrounding agricultural uses prior to action by the decision-making authority.

b.

Limitations on services provided. Meals may be served to registered day use or overnight guests only. There are no limitations on the number of meals or the times at which they are served.

(Ord. No. 1624)

A low-barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

(1)

Connected services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(2)

Coordinated entry system. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(3)

Code compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

(4)

Homeless management information system. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Within 30 days of receipt of an application for a low-barrier navigation center development, the County shall notify a developer whether the developer's application is complete, pursuant to Government Code Section 65943. Within 60 days of receipt of a completed application for a low- barrier navigation center development, the County shall act upon its review of the application.

(Ord. No. 1624)

Mobile vendors shall be located and operated in compliance with the following standards:

(1)

Itinerant/roving vendors. Itinerant vending is permitted pursuant to the standards listed below pertaining to the location, appearance of vehicle and maintenance of the site (Sections (3) through (5). Mobile vending shall only

occur during daylight hours and are subject to the County's Noise Ordinance. Additional regulations pertaining to mobile vending may be found in CDSA's "Guidelines for Mobile Vending Facility Operation" handout.

(2)

Non-itinerant vending. Non-itinerant vending on private property, public property or in the public right-of-way requires a temporary use permit, pursuant to the procedures of Chapter 11.58, Temporary Use Permits, as well as any other permits, such as but not limited to a health certificate, vendor permit (County parks and public property), or encroachment permits, that may be required by affected agencies.

a.

Site plan. A mobile food vendor shall submit a site plan indicating the location of the operation relative to surrounding buildings, parking lots and public rights-of-way, as well as such other information deemed necessary by the Planning Director.

b.

Operational parameters. A temporary use permit for non-itinerant vending shall not exceed a period of one year. Extensions may be applied for prior to the expiration of the temporary use permit in one year increments up to a cumulative total of four years, unless findings can be made that there is still a need for the use. The temporary use permit may limit the days and hours of operation based on location.

c.

Sanitation facilities. All vendors shall arrange for access to a restroom for the operator; such facility for any vendor with food operations shall have hot and cold running water.

d.

Location and transferability. The temporary use permit is for a specific location and cannot be transferred to another location or vendor.

(3)

Location.

a.

Conflict with merchants. Vendors shall not interfere with access to any public or private establishment.

b.

Pedestrian and emergency access. Vendors are permitted only in locations that will not conflict with pedestrian access or interrupt traffic flow or emergency access.

c.

Setback from public right-of-way. A mobile food vending vehicle located on private property shall be set back a minimum of ten feet from any public sidewalk or right-of-way when the service window faces the street. Less obstructive orientations shall insure that the queue does not encroach upon the public right-of-way.

d.

Parking. The mobile food vendor shall not locate in parking spaces that are required to meet minimum parking requirements for any other business.

(4)

Condition and appearance of vehicles.

a.

Display of permits. The mobile food vendor shall display current business tax certificate, health department permit (and decal) and mobile food vending permit in plain view and at all times on the exterior of the food vending vehicle.

b.

Signs. Signs must be affixed to the apparatus and may not exceed eight square feet.

c.

Self-contained utility hookups. The mobile food vending vehicle and use shall be entirely self-sufficient in regards to gas, water, and telecommunications. Should any utility hook-ups or connections to on-site utilities be required for non-itinerant vendors, the mobile food vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building codes. Hookups shall be located to pose no danger to pedestrians.

d.

Type of vehicle. The mobile food vending vehicle shall be a self-propelled vehicle or trailer maintained in mobile operating condition at all times. The vehicle shall not become a fixture of the site and shall not be considered an improvement to real property.

(5)

Condition and appearance of site.

a.

Litter. The mobile food vendor shall provide a minimum of two 32-gallon litter receptacles within 15 feet of the mobile food vending vehicle. The receptacles will serve both employees and customers.

b.

Discharge prohibited. The vendor shall not discharge items onto the sidewalk, gutter or storm inlets.

c.

Site condition. The site shall be maintained in a safe and clean manner at all times. Exterior storage of refuse, equipment or materials associated with the mobile food vending enterprise is prohibited. The lot shall be paved.

(Ord. No. 1624)

Eating and drinking establishments with outdoor dining or seating areas shall be located, developed, and operated in compliance with the following standards:

(1)

Permit requirements. Outdoor dining or seating is considered an accessory use and no additional land use permit is necessary other than the permit required for the primary use except as provided below:

a.

Administrative use permit approval is required when the outdoor dining or seating area is located immediately abutting the property line of a residential district or use and contains seating for more than 15 customers.

(2)

Hours of operation. Hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment. When adjacent to a residential district, hours of operation and outdoor activities such as music or lighting may be restricted as determined through the administrative use permit.

(Ord. No. 1624)

The on-going or permanent outdoor display of merchandise—except for automobile/vehicle sales and leasing, which is subject to Section 11.32.060, automobile/vehicle sales and services—shall comply with the following minimum standards:

(1)

Location. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way.

(2)

Screening. All outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales shall be screened from adjacent public rights-of-way and residential districts.

(3)

Location of merchandise. Displayed merchandise shall occupy a fixed location that does not disrupt the normal function of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(Ord. No. 1624)

Personal storage facilities shall be located, developed and operated in compliance with the following standards:

(1)

Applicability. The provisions of this Section shall apply to all new personal storage uses and to all existing facilities at such time as the storage area of the existing business is expanded.

(2)

Business activity. The use of personal storage facilities by customers shall be limited to inactive storage only. No retail, repair, or other business activity shall be conducted out of the individual rental storage units. No activities other than rental of storage units, pick-up and deposit of storage, sale of packing supplies or rental of moving equipment shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to the following:

a.

Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. An exception is made for auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travel ways within the personal storage facility.

b.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

(3)

Enclosure. Outdoor storage of boats, trailers, and/or other vehicles is prohibited within the valley growth boundary unless screened and within an enclosed area. No boats, trailers, and/or other vehicles shall be parked or otherwise stored outside the storage units except in areas approved for such storage.

(4)

Hazardous materials. No caustic, hazardous, toxic or flammable or explosive matter, material, liquid, or object, nor any matter, material, liquid or object that creates obnoxious or offensive dust, odor or fumes shall be stored in a personal storage unit.

(5)

Utilities. Water, gas or telephone service to any rental space is prohibited.

(6)

Habitation. Human habitation of any rental space is prohibited.

(7)

Notice to tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

(8)

Surfacing. All areas shall meet the paving requirements listed in Section 11.25.100.(b)(1).

(9)

Exterior wall treatments and design. Within valley growth boundary, exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural "caps," attractive posts, or similar measures. Outside valley growth boundary, exterior walls visible from a public street shall be constructed with materials compatible with the surrounding neighborhood.

(Ord. No. 1624)

(a)

Purpose. The purpose of this Section is to promote housing opportunities for the present and future residents of Yuba County through the establishment of policies and development standards for planned mobile home parks. The development standards for planned mobile home parks will further encourage the creation of stable, attractive, residential environments within the individual parks.

(b)

Development standards. Planned mobile home parks shall comply with the following development standards

(1)

Mobile home sites.

a.

Site identification. Each mobile home site shall be plainly marked and numbered for identification.

b.

Minimum site area. The mobile home sites in a planned mobile home park shall average at least 2,700 square feet in area, but no site shall be smaller than 2,000 square feet.

c.

Minimum site width. Each mobile home site shall be an average width of 30 feet plus the width of the mobile home, unless it can be shown that adequate space for a patio, parking, and side yard(s) will be ensured, despite a site of lesser width.

(2)

Yards.

a.

Front yard. Each mobile home site shall have a front yard of not less than five feet. The front yard so required shall not be used for vehicle parking, except such portion thereof as is devoted to driveway use.

b.

Side yard, corner sites. On corner sites, the side yard adjoining the planned mobile home park street shall not be less than five feet.

c.

Side yards, interior. Each mobile home site shall have a side yard on each side of not less than five feet, or one side yard of not less than ten feet.

d.

Side yard, driveway. When used for access of a parking facility, a side yard shall be wide enough for a ten-footwide unobstructed driveway. All such side yard driveways shall be paved with concrete or asphaltic concrete unless located outside the valley growth boundary.

e.

Rear yard. Each mobile home site shall have a rear yard of not less than five feet in depth.

(3)

Projection into yards. The following structures may be erected or projected into any required yard:

a.

Eaves, stairways and awnings not to exceed one foot.

b.

Landscape elements including trees, shrubs, and other plants, except hedges, provided that such landscape feature does not hinder the movement of the manufactured home in or out of its space.

c.

Manufactured home hitches.

d.

Necessary appurtenances for utility services.

e.

A single accessory structure that is less than 120 square feet in area and eight feet in height may be located within side or rear setbacks.

(4)

Minimum distance between structures. No portion of a manufactured home or attached accessory structure shall be closer than ten feet to another manufactured home or attached accessory structure.

(5)

Minimum size of mobile homes. No mobile home that is less than ten feet wide or has a floor bed of less than 370 square feet may be parked or located on a mobile home site in a planned mobile home park.

(6)

Maximum site coverage. The mobile home and accessory structures shall not cover more than 75 percent of the mobile home site.

(7)

Number of homes per site. Not more than one single-family mobile home may be placed on a mobile home site.

(8)

Off-street parking. In addition to the parking requirements of Chapter 11.25, Parking and Loading, the following standards shall apply to planned mobile home parks:

a.

Each mobile home site shall have a paved space suitable for providing automobile shelter with space for at least two automobiles for each manufactured home. Gravel or other surfacing may be approved outside of the valley growth boundary

b.

Recreation and laundry areas shall have sufficient parking facilities to accommodate one automobile for every ten mobile home sites.

(9)

Signs. In addition to the requirements of Chapter 11.27, Signs, the following standards shall apply to planned mobile home parks:

a.

Adequate signs and markings indicating directions, parking areas, recreation areas, and street names shall be established and maintained in the manufactured home park. Such signs shall not exceed six square feet in area.

b.

Signs or name plates not exceeding two square feet in area and displaying the name and address only of the occupant of the manufactured home may be erected at each mobile home site.

c.

Signs which identify or advertise the planned mobile home park may be erected if approved by the hearing body on its action on the conditional use permit for the manufactured home park. Such signs must be located

on the premises and shall not be more than 120 square feet in area. They shall not be animated or have flashing lights.

(10)

Landscaping. In addition to the landscaping requirements of Chapter 11.24, Landscape, the following landscaping provisions shall apply to all planned mobile home parks:

a.

All open areas except driveways, parking areas, walkways, utility areas, improved decks, patios, or porches shall be maintained with landscaping as hereinbefore defined.

b.

The trees shall be planted along street frontage as may be required by the hearing body upon recommendation of the Community Development and Services Agency's Public Works Department.

(11)

Walls and fences. Walls and fences on individual mobile home sites shall not exceed three feet in height. Walls or fences erected around the perimeter of the planned mobile home park may be required by the hearing body. The height, construction, and type of material for such perimeter walls shall be as specified by the hearing body in the permit authorizing the use.

(12)

Trash storage. Containers for trash storage of a size, type and quantity approved by the County shall be provided. They shall be placed so as to be concealed from the street and easily accessible to the mobile home sites.

(13)

Streets. Streets within planned mobile home parks shall be provided in such a pattern as to provide convenient traffic circulation within the manufactured home park. On-street parking is not permitted. Streets shall be designed as follows:

a.

Width. Streets shall have a width of not less than 30 feet, including curbs.

b.

Curbs. There shall be concrete roll curbs on each side of the streets.

c.

Paving. Streets shall be paved in accordance to standards established by the Community Development and Services Agency's Public Works Department.

d.

Lighting. Streets shall be lighted in accordance to standards established by the Community Development and Services Agency's Public Works Department.

(14)

Park and recreation areas. A central recreation area shall be established in each planned mobile home park created pursuant to the provisions of this Chapter. The size of such area shall be at least 200 square feet per mobile home site. The recreation area may contain community club houses, swimming pools, shuffleboard courts, and similar facilities. The hearing body may permit decentralization of the recreation facilities in accordance with principles of good planning provided that the total recreation area meets the above stated minimum size.

(15)

Office. Every planned mobile home park shall include a permanent building for office use. Such building may include a single-family dwelling for the exclusive use of the owner or manager.

(16)

Laundry rooms. Every planned mobile home park shall have one or more laundry rooms. Laundry drying lines shall not be permitted on any mobile home site.

(17)

Mail boxes. Each mobile home site shall be equipped with a receptacle for mail deliveries in accordance with the standards prescribed by the local residents.

(18)

Storage areas. Areas used for the storage of travel trailers, boats, and other such items may be established in a planned mobile home park provided they are adequately screened from public view.

(19)

Utilities. All utility distribution facilities serving individual mobile home sites within the valley growth boundary shall be placed underground. The owner is responsible for complying with the requirements of this Subsection and he shall make the necessary arrangements with each of the serving utilities for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts, and other necessary appurtenant structures may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the Utility Engineer. All mobile home sites must be served with water, electricity, and a solid waste disposal.

(20)

Transient mobile home sites. Sites reserved for transient mobile homes shall be so designated on the plans submitted with the application for the planned mobile home park conditional use permit. The site, yard, and property development standards of this Section shall fully apply to sites reserved for transient mobile homes. Mobile homes less than ten feet wide or with a floor bed of less than 370 square feet may occupy such designed transient mobile home sites for periods up to 90 days.

(21)

Sale of mobile homes at manufactured home parks.

a.

Conditional use permit. The operation of a business or occupation either full or part-time, for the purpose of manufactured home sales, shall be allowed on the premises of any legally established planned mobile home park, subject to the issuance of a conditional use permit. This does not include the sale of individual manufactured homes by the owner of the unit.

b.

Restrictions. In no event shall the holder of the conditional use permit or any other person maintain or allow to be maintained on the planned mobile home park premises for display any manufactured home either assembled or disassembled which is not installed on the site and connected to all utilities sufficient to be legally adequate for immediate occupancy. The maximum number of unoccupied mobile homes so installed for display shall not exceed three units at any one time.

(22)

Development impact fees. Planned mobile home parks are subject to the County Development Impact Fees.

(c)

Allowed density.

(1)

RM medium density residential and RH high density residential districts. The density for mobile home parks is limited to the allowed density within the RM medium density residential and RH high density residential zoning districts unless a density bonus is approved.

(2)

RC rural commercial district. The allowed density for mobile home parks in the RC rural commercial district shall be determined by approval of a conditional use permit and carrying capacity for wells and septic systems as determined by the Department of Environmental Health.

(Ord. No. 1624)

(a)

Accessory use. Produce stands shall be operated in conjunction with and accessory to a primary agricultural use on the same site. They shall be operated by the agricultural producer and on premises controlled by the producer. Produce stands that do not meet the requirements of this Section shall be classified as a farm store and shall meet the requirements listed in Section 11.32.230, Ranch Marketing.

(b)

Products for sale. Products sold or offered for sale at a produce stand are limited to the following:

(1)

Unprocessed agricultural products. A minimum of 50 percent of the selling space of the stand shall be dedicated to selling whole produce, shell eggs, and/or cut flowers grown or raised on the same premises as the stand or on neighboring farms.

(2)

Value-added agricultural products. Up to 30 percent of the selling space may be used for un-refrigerated processed agricultural products such as jams, preserves, pickles, juices, cured olives, and other value-added products made with ingredients produced on the premises or neighboring farms and may be sold concurrently with unprocessed agricultural products with approval from the Environmental Health Director.

(3)

Pre-packaged foods and beverages. No more than 50 square feet or ten percent of the selling space may be occupied by pre-packaged food and drinks such as bottled water, sodas, and crackers.

(c)

Number of stands. One stand shall be permitted per parcel, or per group of adjacent parcels under the same ownership.

(d)

Size limitation. The floor area of any permanent structure utilized as part of the produce stand shall not exceed 120 square feet in area. The total display area shall not exceed 500 square feet. Use of temporary structures such as but not limited to display tables and pop-up awnings shall only be used during the operational hours of the produce stand.

(e)

Minimum setbacks. Stands shall be located at least 20 feet from any street or highway and 100 feet from any existing residence outside the ownership of the stand operator. In addition, no part of the use, including selling area, signs, and parking, may be located within the triangular visibility area described in Section 11.19.130, Visibility at Intersections and Driveways.

(f)

Access. Access shall not be directly from a State highway unless the operator has secured an access agreement from Caltrans. The access drive is not required to be paved, but if not paved, shall be improved with gravel.

(g)

Parking. Sufficient area shall be provided for at least two vehicles to park; such parking area may consist of gravel and is not required to be paved.

(Ord. No. 1624)

(a)

Purpose. This Section is intended to allow the marketing and sale of agricultural products directly to consumers, as well as the provision of agricultural tourism, when such uses are accessory to a primary agricultural use (animal raising, crop production, dairy, or grazing) on the same site. Ranch marketing can provide supplementary income to agricultural operations, particularly to small farms, while maintaining the rural character of Yuba County's agricultural areas. This section is intended to implement General Plan policies to:

(1)

Support rural communities in the development of economic opportunities such as agricultural and ecological tourism.

(2)

Support agriculture, agricultural processing, agricultural tourism, recreational uses, and other natural-resourcebased economic development in areas with land-based natural resources, natural beauty, and cultural attractions.

(3)

Preserve and enhance rural character.

(b)

Applicability. The regulations of this Section apply to ranch marketing uses, as defined in Chapter 11.72, Use Classifications, where they are permitted or conditionally permitted by the use regulations of the base and overlay zoning districts (Division II: Zoning and Overlay Districts) and are accessory to agricultural uses. This section does not apply to the following uses:

(1)

Produce stands that meet all of the standards of Section 11.32.220, Produce Stands.

(2)

Indirect sales by mail, telephone, or Internet in which delivery of the goods occurs off-site.

(3)

Wholesale sale of agricultural products.

(c)

General provisions.

(1)

Minimum lot size. Ranch marketing uses may only be established and operated on a site with an area of at least five acres. A smaller lot size may be approved through a waiver when the following findings can be made:

a.

The operation produces an agricultural commodity in sufficient quantity that a farm store rather than a seasonal produce stand is justified; and

b.

The farm store and any other related ranch market activities including required parking areas will not reduce the area utilized for agricultural production.

(2)

Accessory use. Ranch marketing uses shall be accessory to a primary agricultural production use (animal raising, crop production, dairy, grazing, or wineries) on the same property and shall be operated by the property owner or lessee of the agricultural property. Should the primary agricultural use of the property cease, as determined by the Agricultural Commissioner and Community Development and Services Agency Director, the ranch marketing operation shall also cease.

(d)

Permitted and conditionally permitted uses. The following table outlines the type of permit needed, if any, for various types of ranch marketing uses. The Planning Director shall make a determination of the most applicable permit type based on similarities between listed uses for any ranch marketing use not listed.

(e)

Development standards.

(1)

Parking. Parking for uses shall be as established in Section 11.25, Parking and Loading or as determined by the decision-making authority for those activities that require a use permit.

(2)

Hours of operation. Ranch marketing activities are limited to daylight hours unless alternative hours are authorized through a use permit or as authorized under Section 11.32.320(9), Temporary Uses and Special Events.

(3)

Amplified music or speech. Amplified music or speech is prohibited except as authorized under Section 11.32.320(9), Temporary Uses and Special Events or as part of an approved use permit.

(4)

Food safety (and compliance with other agency requirements). Sale of processed agricultural products, prepackaged food items, and prepared foods, where permitted, shall comply with the California Health and Safety Code, subject to approval from all applicable agencies including, but not limited to the Yuba County Department of Environmental Health, California Department of Public Health, and California Department of Food and Agriculture.

(f)

Findings for approval. Prior to approving a ranch marketing project the decision-making authority shall make the following findings:

(1)

The site meets the minimum acreage and planting standards.

(2)

The proposed use is secondary and subordinate to the agricultural use.

(3)

The proposed use does not detract from or diminish the on-site agricultural uses.

(4)

There is no adverse effect on agricultural production on surrounding properties.

(5)

There is no adverse effect on the surrounding properties and community character that cannot be mitigated to less than significant.

(g)

Exceptions to standards. The standards of this Section may be waived or modified through conditional use permit approval where in addition to the necessary findings for a conditional use permit, the Planning Commission shall also make the findings listed in Section 11.32.220(f), Findings for Approval.

(Ord. No. 1624)

(a)

Recycling collection facilities. Recycling collection facilities (convenience recycling), including reverse vending machines, shall comply with the following standards:

(1)

Accessory use. Recycling collection facilities shall be located on the same site as a permitted primary use that sells CRV products (i.e. grocery stores, convenience stores, and service stations). Ancillary sale of CRV products (i.e. vending machines for employees/customers, sale or complimentary to customers where primary business is not retail food products) does not constitute a primary use that sells CRV products. The Zoning Administrator may approve deviations to this requirement for facilities outside the valley growth boundary where a public benefit can be demonstrated by having the recycling collection facility at that location and the site is located within a convenience zone as determined by CalRecycle. However, recycling facilities shall not be permitted within an AE or AI zone district.

(2)

Size. Recycling collection facilities shall not exceed a footprint of 350 square feet.

(3)

Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

(4)

Location. Facilities shall not be located within 50 feet of any residential district. There shall be a minimum of one mile distance between convenience recycle centers.

(5)

Hours of operation. Attended facilities located within 100 feet of any residential district shall operate only during the hours between 8:00 a.m. and 7:00 p.m.

(6)

Setback. Facilities shall be set back at least ten feet from any lot line abutting a street and shall not obstruct pedestrian or vehicular circulation.

(7)

Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity shall be sufficient to accommodate materials collected in the

collection schedule. Screening with fences, walls and landscaping is encouraged. No temporary shade structures (i.e. pop-up tents) or similar structures shall be permitted.

(8)

Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

(9)

Signs. The maximum sign area shall be 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The Director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

(10)

Parking. Patrons and any attendant shall not reduce available parking spaces below the minimum number required for the main use of the site unless a parking study shows available capacity during recycling facility operation.

(11)

Site maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials. All litter generated by the recycling operation shall be removed. The litter control shall be provided at the entrance(s) of the facility and along the street, sidewalk, and setback areas adjacent to the facility. Facilities shall also meet the requirements of the Public Works Department regarding drainage and water quality regulations.

(12)

Sorting. No sorting of materials shall occur on site, with the exception of reverse vending machines, which automatically sort materials.

(13)

Reverse vending machines. Reverse vending machines shall comply with the following additional standards:

a.

Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation. If located outside of a building, the machines shall not occupy required parking spaces.

b.

Maximum size. Each reverse vending machine shall not exceed an area of 50 square feet each (including any protective enclosure) or a height of eight feet.

c.

Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

d.

Signs. Notwithstanding the above provisions for signs on collection facilities, the maximum sign area on a reverse vending machine shall be four square feet, exclusive of operating instructions.

e.

Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

f.

Trash receptacle. A garbage can of at least 40-gallon size shall be located adjacent to the reverse vending machine for the deposit of non-recyclable materials.

(b)

Recycling processing facilities.

(1)

Location. Facilities shall not abut a residential district.

(2)

Screening. The facility must be screened from public rights-of-way by solid masonry walls or located within an enclosed structure. In industrial districts alternative screening mechanisms may be approved by the Planning Director.

(3)

Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required screen walls.

(4)

Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

(Ord. No. 1624)

General residential care facilities shall be located, developed, and operated in compliance with the following standards:

(1)

Location. A general residential care facility must be located a minimum of 300 feet from any other general residential care facility.

(2)

Outdoor activities. Outdoor activities may only be conducted between the hours of 7:00 a.m. and 10:00 p.m.

(3)

State licensing. All residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable State and local health and safety regulations.

(4)

No drug or alcohol use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.

(Ord. No. 1624)

Single room occupancy (SRO) facilities shall be located, developed, and operated in compliance with the following standards:

(1)

Maximum occupancy. Each SRO living unit shall be designed to accommodate a maximum of two persons.

(2)

Minimum size. An SRO living unit must have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 400 square feet.

(3)

Minimum width. An SRO of one room shall not be less than 12 feet in width.

(4)

Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

(5)

Cooking facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a small refrigerator; and cabinets for storage.

(6)

Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

(7)

Closet. Each SRO unit shall have a separate closet.

(8)

Common area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

(9)

Tenancy. Tenancy of SRO units shall be limited to 30 or more days.

(10)

Facility management. An SRO Facility with ten or more units shall provide full-time on-site management. An SRO Facility with less than ten units shall provide a management office on-site.

(11)

Management plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan must include the following:

a.

Security/safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

b.

Management policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;

c.

Rental procedures. All rental procedures, including tenancy requirements;

d.

Staffing and services. Information regarding all support services, such as job referral and social programs; and

e.

Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

(Ord. No. 1624)

(a)

Purpose. The provisions of this Section are intended to encourage the use of renewable energy sources that are compatible with surrounding uses. Solar energy systems, including personal solar energy systems and solar power generation facilities, shall be designed, located, and operated consistent with the standards of this Section.

(b)

Allowable size of solar energy systems. Any number of solar panels may be in operation on a single site, in accordance with this Section.

(1)

Personal solar energy systems. It is assumed that systems consistent with Table 11.32.270, below, are primarily providing power to offset consumption. Uses that have a higher energy requirement than stated in the table may submit documentation demonstrating that a larger system is needed to provide for historic energy demands (energy use from the previous 24 months and either: maximum output of panels, maximum continuous output of the inverters, or estimated KWh the system will produce over a year based on location/orientation of panels and output of inverters). For new construction, documentation demonstrating typical energy demands for similar uses, size buildings, and construction type may be considered.

a.

For systems located in the AE, AI, IG, IL, PF, and EX zoning districts the power consumption can be for onsite consumption as well as other offsite consumption associated with the business or agency within Yuba County as allowed by the CPUC, so long as offsite solar system is not located in a residential or mixed use district. In addition to the building permit requirements, a plan shall be submitted identifying location of all facilities intended to be offset by the small solar energy system, identify the location of the solar system(s) and a summary of the cumulative energy consumption of the facilities and the anticipated KWh the solar system will produce. Allow development standards for the solar system as identified below shall apply.

b.

Solar power generation facilities. The number of panels and kilowatt generation shall be determined through the use permit process. Any project not meeting the requirements of Subsection 11.32.270 (b)(1) will be considered a solar generation facility.

Small solar power generation facilities. Facilities on sites less than ten acres in size outside the valley growth boundary may be processed as a minor conditional use permit in those districts that allow for such facilities.

(c)

Maximum height. Solar panels, as well as attachments to existing buildings and towers, shall comply with the maximum permitted height of the zoning district in which they are located.

(d)

Location.

(1)

In the RS zone freestanding personal solar energy system (not attached to an existing structure) shall only be located in the rear yard portion of any lot. This requirement does not apply if the solar energy system is attached to a building.

(2)

It is the property owner's responsibility to situate any solar collector so that a neighbor's trees or buildings— now or in the future, or any time of the year do not block access to the sun.

(e)

Maintenance. When a system reaches the end of its useful life and can no longer function, the owner of the system shall remove the system within 120 days of the day on which the system last functioned. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal. Failure to remove the system will be considered a nuisance and abated per Chapter 11.67, Enforcement and Abatement Procedures.

(Ord. No. 1624)

(a)

Purpose. The provisions of this Section are intended to encourage the use of renewable energy sources that are compatible with surrounding uses. Wind energy systems, including personal wind energy systems and wind power generation facilities, shall be designed, located, and operated consistent with the standards of this Section.

(b)

Minimum lot size. Wind energy systems are allowed on properties that are at least five acres in size within the valley growth boundary and any size parcel outside the valley growth boundary.

(c)

Maximum power generation. The size of personal wind energy systems shall not exceed the following:

(1)

Personal wind energy systems shall not exceed 20 kilowatts for residential uses and 50 kilowatts for nonresidential uses unless the owner can demonstrate that the historical power consumption (energy use from the previous 24 months) is greater than the kilowatts allowed by use type. (See also personal power generation facility.) For systems located in the AE, PF, and EX zoning districts the power consumption can be for onsite consumption as well as other offsite consumption associated with the business or agency located within Yuba County as allowed by the CPUC, so long as offsite wind system is located in a zone district that allows for wind energy systems.

(2)

Those projects not meeting the requirements of Subsection 11.32.280 (c)(1) will be considered a wind power generation facility and maximum power generation shall be determined through a conditional use permit.

(d)

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

(1)

Wind towers.

a.

On parcels less than five acres, the tower shall not exceed 35 feet.

b.

On parcels between five and ten acres, the tower height shall not exceed 80 feet.

c.

On parcels greater than ten acres, the tower height shall not exceed 100 feet unless additional height is provided through the use permit approval.

d.

Properties within 10,000 feet of an airport must comply with FAA height standards and regulations.

(2)

Attachments to existing buildings and towers.

a.

Building. A wind turbine(s) may be affixed to the building or the roof, provided that:

1.

The total height of the wind turbine is less than 20 feet above the highest point of the building.

The base of the wind turbine cannot be seen from the road right-of-way.

b.

Towers. A wind turbine may be attached to an existing tower, provided that:

1.

The tower is designed to accommodate the wind turbine.

2.

The tower is in compliance with Subsection (f), Liability, of this Section.

(e)

Location.

(1)

Personal wind energy systems.

a.

Rear yard location. Personal wind energy systems shall only be located in the rear yard portion of any lot. The above locational limitation does not apply in the following situations:

1.

When located in AE, IG, SE, EX, RP, and TP districts and a rear-yard location would interfere with agricultural, mining, timber, or other permitted operations on the site.

2.

When the wind system is attached to a building the base of which cannot be viewed from any roadway.

b.

View maintenance. The system shall not substantially obstruct views of adjacent properties, and, where feasible, shall be placed below any major ridgeline.

(2)

Tower setbacks. Towers must be located:

a.

At least 1.2 times their height from any public road right-of-way.

b.

At least 1.2 times their height from any overhead utility lines, except those lines directly serving the subject property.

c.

At least 1.2 times their height from all property boundaries.

d.

Outside of the setback for the zoning district.

(3)

Guy wire anchors setbacks. If guy wires are utilized as part of the tower design, then the guy wire anchors shall be placed at least 30 feet from any abutting property boundaries and outside any front yard setback.

(4)

Turbines attached to buildings. The minimum distance a wind turbine may be from the property boundaries, if it is located on a building, must be 1.2 times the distance that is equal to the total height of the wind turbine from the ground.

(f)

Liability. The property owner shall be prepared to demonstrate proof of public liability insurance prior to issuance of permits and maintain said insurance during the entire useful life of the power generation facility.

(g)

Variances to personal wind energy systems. Deviations to the following development standards for personal wind energy systems may be granted upon approval of a minor use permit.

(1)

To locate wind turbines in the front or side yard of primary structure if pre-existing geography, vegetation or built environment would preclude the use of wind power in the rear of the primary structure.

(2)

To increase the permitted height of a tower or wind turbine.

(h)

Electrical interference. The wind energy system shall not cause any radio, television, microwave, or navigation interference. If a signal problem is identified, the applicant shall correct the problem within 90 days of being notified by the Yuba County Community Development and Services Agency of a problem.

(i)

Noise.

(1)

Personal wind energy systems. Decibel levels for the system shall not exceed 60 decibels as measured at the nearest property line, except during short-term events, such as utility outages and severe wind storms.

(2)

Wind power generation facilities. Wind power generations facilities shall not exceed the sound level (decibels) as specified in the conditional use permit and environmental document.

(j)

Color of towers. All towers shall be painted a non-contrasting gray, blue, white, green or similar color, minimizing their visibility, unless otherwise required by the Federal Aviation Administration (FAA). The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approvals prior to issuance of permits. Copies of FAA correspondence must be included as part of the application process for the wind energy systems.

(k)

Lighting. Except as required by law, a tower shall not be illuminated and lighting fixtures or signs shall not be attached to the tower. If lighting is required by the FAA regulations, white strobe lights shall not be permitted at night unless FAA permits no other alternatives. No lighting shall be constructed, placed or maintained in a manner that will constitute a nuisance to any surrounding property. Lighting shall in no way impair safe movement of traffic on any street or highway.

(l)

Advertising. No advertising is permitted anywhere on the facility, with the exception of signage being utilized for product identification and warnings.

(m)

Warnings.

(1)

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(2)

Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of ten feet from the ground.

(n)

Maintenance.

(1)

The design and location of any wind energy system shall ensure that all maintenance can be conducted from the installation site.

(2)

A wind energy system that is not functional shall be repaired by the owner or removed.

(3)

When a wind energy system reaches the end of its useful life and can no longer function, the owner of the system shall remove the system within 120 days of the day on which the system last functioned. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal. Failure to remove the system will be considered a nuisance and abated per Chapter 11.67, Enforcement and Abatement Procedures.

(4)

Any wind energy system that is not operated on a functional basis for a period of six consecutive months shall be deemed abandoned and shall be removed pursuant to paragraph (3) above.

(o)

Safety features.

(1)

The base of the tower must be designed so it is not climbable for a distance of 15 feet, as measured from the ground.

(2)

All access doors to wind turbines and electrical equipment shall be locked to prevent entry by non-authorized persons.

(3)

The wind energy system turbine shall be required to have an automatic over speed control to render the system inoperable when the winds are in excess of the speed the system is designed to accommodate.

(4)

The wind energy system shall be required to have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

(5)

Blade clearances.

a.

The clearance or the distance between the blades of a wind turbine and the blades of another wind turbine shall be no less than ten feet. Unless a lesser distance is provided by the manufacturer.

b.

The clearance or the distance between the blades of a wind turbine and the ground shall be no less than 15 feet.

(Ord. No. 1624)

(a)

General provisions.

(1)

Authority. This Section is adopted under the provisions of the Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.) and the power of the County of Yuba to protect the public health, safety, and welfare of its residents.

(2)

Findings. The Board of Supervisors hereby finds and declares:

a.

The extraction of minerals is essential to the continued economic well-being of Yuba County and to the needs of society. The reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

b.

The reclamation of mined lands as provided in this Section will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

c.

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

(3)

Intent. It is the intent of the Board to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to ensure that:

a.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

b.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

c.

Residual hazards to the public health and safety are eliminated.

(4)

Exceptions. The provisions of this Section shall not apply to any of the following activities:

a.

Excavations or grading conducted for farming or the immediate excavation or grading of lands affected by a flood or natural disaster for the purpose of restoring those lands to their prior condition.

b.

Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project and that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements associated with those structures, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of State law and locally adopted plans and ordinances, including, but not limited to, Public Resources Code Div. 13 (Public Resources Code § 21000 et seq.).

2.

The lead agency's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to Public Resources Code Div. 13 (Public Resources Code § 21000 et seq.).

3.

The approved construction project is consistent with the general plan and zoning of the site.

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

c.

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial uses in the County general plan.

2.

The plant site is located on lands zoned industrial, or are contained within a zoning category intended exclusively for industrial activities by the County.

None of the minerals being processed are being extracted on site.

4.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

d.

Prospecting for, or the extraction of, minerals for commercial purposes where the removal of overburden or mineral product totals less than 1,000 cubic yards in any one location, and the total surface area disturbed is less than one acre.

e.

Surface mining operations that are required by Federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

f.

Any other surface mining operations that the Board, as defined by Public Resources Code § 2001, determines to be of an infrequent nature and which involve only minor surface disturbances.

g.

Emergency excavations or grading conducted by the State Department of Water Resources, the Reclamation Board or County for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

h.

State Department of Water Resources Projects.

1.

Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the State Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased, or upon which easements or rights-of-way have been obtained, by the State Reclamation Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with, the Department of Conservation, a reclamation plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the Board adopted pursuant to this Section. The Department of Water Resources shall provide an annual report to the Department of Conservation by the date specified by the State Department of Conservation on these mining activities.

2.

Nothing in this Subsection shall require the Department of Water Resources or the Reclamation Board to obtain a permit or secure approval of a reclamation plan from the County in order to conduct surface mining operations. Nothing in this Subsection shall preclude the bringing of an enforcement action pursuant to Public

Resources Code § 2774.1, if it is determined that a surface mine operator, acting under contract with the Department of Water Resources or the Reclamation Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained, by the Department of Water Resources or the Reclamation Board, is otherwise not in compliance with this Section.

i.

Excavations.

1.

Excavations or grading for the exclusive purpose of obtaining materials for roadbed construction and maintenance conducted in connection with timber operations or forest management on land owned by the same person or entity. This exemption is limited to excavation and grading that is conducted adjacent to timber operation or forest management roads and shall not apply to on-site excavation or grading that occurs within 100 feet of a class one watercourse or 75 feet of a class two watercourse, or to excavation for materials that are, or have been, sold for commercial purposes.

2.

This exemption shall be available only if slope stability and erosion are controlled in accordance with 14 CCR §§ 3704(f) and 3706(d) and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the State Department of Forestry and Fire Protection.

j.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:

1.

The operations are being conducted in accordance with Public Resources Code Div. 3 (Public Resources Code § 3000 et seq.).

2.

The operations are consistent with any general plan and zoning applicable to the site.

3.

The earthmoving activities are within oil or gas field properties under a common owner or operator.

4.

No excavated materials are sold for commercial purposes.

(5)

Limitations. No provision of this Section or any ruling, requirement, or policy of the State Board is a limitation on any of the following:

a.

The police power of the County or on the power of the County to declare, prohibit, and abate nuisances.

b.

The power of the District Attorney, at the request of the Board, or upon the District Attorney's motion, to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance.

c.

The power of the County in the enforcement or administration of any provision of law which it is specifically authorized or required to enforce or administer.

d.

The right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in Civil Code Div. 4, Pt. 3 (Civil Code § 3479 et seq.) or for any other private relief.

e.

The power of the County to adopt policies, standards, or regulations imposing additional requirements on any person if the requirements do not prevent the person from complying with the provisions of this Section.

f.

The power of the County to regulate the use of buildings, structures, and land as between industry, business, residents, open space (including agriculture, recreation, the enjoyment of scenic beauty, and the use of natural resources), and other purposes.

(b)

Permits.

(1)

Permit required; issuance; standards for issuance. Except as provided in this Subsection, no person shall conduct surface mining operations in the County unless:

a.

An application for a permit is filed with the Planning Department on a form approved by the Director;

b.

A permit is approved by, the Planning Commission for the operation under this Section;

c.

A copy of an approved reclamation plan and financial assurances from the State shall be submitted to the Planning Department prior to the commencement of mining operations;

d.

All fees established by the Board to pay for the costs of processing and review of the application for the permit, the reclamation plan, and the financial assurances are paid.

(2)

Idle mine, interim management plan and appeal. Within 90 days of a surface mining operation becoming an idle mine, the operator shall submit to the Planning Department for Planning Commission review and approval, an interim management plan. The review and approval of an interim management plan shall not be considered a project within the meaning of CEQA. The approved interim management plan shall be considered an amendment to the surface mining operation's approved reclamation plan, for purposes of this Section. The interim management plan shall provide measures the operator will implement to maintain the site in compliance with this Section, including, but not limited to, all permit conditions.

a.

The interim management plan may remain in effect for a period not to exceed five years, at which time the Planning Commission shall do one of the following:

1.

Renew the interim management plan for another period not to exceed five years, if the Planning Commission finds that the surface mining operator has complied fully with the interim management plan; or,

2.

Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

b.

In any event, required financial assurances shall remain in effect during the period the surface mining operation is an idle mine. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.

c.

Within 60 days of the receipt by the Planning Department of the interim management plan, or a longer period, not to exceed an additional 60 days, mutually agreed upon by the Director and the operator, the Planning Commission shall review and approve the plan in accordance with this Section, so long as the plan satisfies the above requirements, and so notify the operator in writing. Otherwise, the Planning Commission shall notify the operator in writing of any deficiencies in the plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Planning Commission, to submit a revised plan.

d.

The Planning Commission shall approve or deny approval of the revised interim management plan within 60 days of receipt by the Planning Department. If the Planning Commission denies approval of the revised interim management plan, the operator may appeal that action to the Board, which shall schedule a public hearing within 45 days of the filing of the appeal with the Clerk of the Board, or any longer period mutually agreed upon by the operator and the Board. The provisions of Section 11.53.150 shall apply to such appeal.

(c)

Stay of enforcement action. Any enforcement action which may be brought against a person with an existing surface mining operation who has received Planning Commission approval of its financial assurances for reclamation prior to January 1, 1991, or a person who has filed an appeal with the Board or with the Planning Commission, shall be held in abeyance pending the resolution of an appeal pursuant to this Section.

(d)

Operation in 100-year floodplain and near state bridge. Whenever surface mining operations are proposed in the 100-year floodplain for any stream, as shown in zone A of Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any State highway bridge, within ten days of the Planning Department's receipt of the application for the issuance or renewal of a permit to conduct the surface mining operations, the Planning Department shall notify the California Department of Transportation that the application has been received. The Planning Commission shall not issue or renew the permit until the Department of Transportation has submitted its comments or until 45 days from the date the application for the permit was submitted to the Department of Transportation, whichever occurs first.

(e)

Vested rights. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to this Section as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this Section. A person shall be deemed to have vested rights if, prior to January 1, 1976, the person has, in good faith and in reliance upon a permit or other authorization, if the permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefore. Expenses incurred in obtaining the enactment of an ordinance in relation to particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. An official vested rights determination needs to be made by the approving authority pursuant to a public hearing.

(1)

Nothing in this Section shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976, and not since disturbed.

(f)

Effect of vested rights on areas of significance. Neither the designation of an area of regional or statewide significance nor the adoption of any regulation for such an area shall in any way limit or modify the rights of any person to complete any development that has been authorized pursuant to Business and Professions Code Div. 4, Pt. 2 (Business and Professions Code § 11000 et seq.), pursuant to the Subdivision Map Act (Government Code § 64410 et seq.), or by a building permit or other authorization to commence development, upon which such person relies and has changed that person's position to that person's substantial detriment, and, which permit or authorization was issued prior to the designation of such area pursuant to Public Resources Code § 2790. If a developer has by his or her actions taken in reliance upon prior ordinances and regulations obtained vested or other legal rights that in law would have prevented the County from changing such ordinances and regulations in a way adverse to his or her interests, nothing in this Section authorizes the State Board to abridge those rights

(g)

Permit; recording. No permit granted pursuant to this Section shall be effective until the same has been recorded by the County Recorder for all affected parcels and proof thereof given to the Director. An approved surface mining permit shall be considered null and void unless recorded within 24 months of final approval or such other time period as may be set by conditions of approval. One extension of time, not to exceed 12 months, may be granted. Phased projects may be recorded in phases.

(h)

Permit; notification to assessor. Subsequent to January 1, 1979, the Director shall notify the Assessor of Yuba County of any permits issued pursuant to this Section.

(i)

Permits; copies for board of supervisors. Subsequent to January 1,1979, the Director shall forward a copy of any permits issued pursuant to this Section to the Clerk of the Board of Supervisors. The Clerk shall maintain a permanent file of such permits.

(j)

Permit; revocation and modification. Upon 15 days ordinary mail notice which provides the time and place of public hearing and the reason(s) for revoking or modifying a permit and after public hearing, a permit granted or approved under this Section may be revoked or modified by the Planning Commission, in the event it finds a violation of the terms and conditions of the permit, reclamation plan, and/or financial assurances or for other good cause consistent with the purposes and objectives of this Section.

(k)

Noticed public hearing, action, and findings. Any hearing before the Planning Commission or the Board on a matter arising under this Section shall be after the giving of a public notice by ordinary mail no less than 15 days prior to the hearing to all residents and property owners within 500 feet of the parcel or parcels which are the subject of the hearing. The action and findings of the Planning Commission and the Board shall be set forth in writing.

(Ord. No. 1624)

(a)

Purpose. This article provides standards and procedures to regulate the development, siting, installation, and operation of wireless communications antennas and related facilities consistent with the applicable requirements of state and federal law. The regulations are intended to provide for the appropriate development of wireless communication facilities within the County to meet the needs of residents, business-owners, and visitors while protecting public health and safety and preventing visual blight and degradation of the community's aesthetic character.

(b)

Applicability and exemptions. The requirements of this article apply to all wireless communication facilities that transmit and/or receive electromagnetic signals, including but not limited to personal communications services (i.e. cellular, paging, data, and internet) and radio and television broadcast facilities. The requirements apply to communication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

(1)

Licensed amateur (ham) radio and citizen band operations that do not exceed the maximum allowable building height for the zone district in which the antenna is located and are ancillary to a primary use on the same site.

(2)

Hand-held, mobile, marine, and portable radio transmitters and/or receivers.

(3)

Emergency services radio.

(4)

Carrier on wheels or cell on wheels (COW) are radio and television mobile broadcast facilities and are exempt when placed for a period of not more than 72 hours at any location unless an emergency or a disaster is declared by the Board of Supervisors

(5)

Antennas and equipment cabinets or rooms completely located inside of permitted structures.

(6)

A single ground- or building-mounted receive-only radio, internet or television antenna not exceeding the maximum height permitted by this Code, including any mast, or a receive-only radio, internet or television satellite dish antenna.

(7)

Any antenna or wireless communications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Planning Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation.

(8)

Ordinary maintenance of existing wireless facilities and wireless support structures.

(c)

Application requirements. Where approval of a use permit or zoning clearance is required, an applicant shall file a written application with the Planning Director pursuant to the application procedures in Chapter 11.53, Common Procedures, accompanied by the required fee as established in the County's fee schedule.

Applications shall be submitted pursuant to application requirement handouts maintained by the County and as amended from time to time.

(1)

Zoning clearance required. The following require approval of a zoning clearance prior to installation or commencement of use:

a.

Eligible facilities requests, collocations, or removal or replacement of transmission equipment on an existing wireless tower or base station that does not result in a substantial modification as defined in this Code.

b.

COWs placed for a period greater than 72 hours (not part of a declared emergency or disaster) but not more than 120 days at any location.

c.

Wireless facilities placed on existing utility poles that do not increase the height of the pole by more than 15 feet and all equipment is located within the utility easement.

d.

New wireless support structures that are less than 150 feet in height, in any industrial or agricultural district or within the timber production or extractive zone districts. When a new facility is proposed to be located within an airport compatibility safety zone; the requirements of the airport overlay district shall apply. Those safety zones that conditionally allow for communication towers shall be processed as an administrative use permit (AUP) if exempt from CEQA and a minor conditional use permit if a CEQA document is required.

(2)

Administrative review and approval. The following require approval of an administrative use permit prior to installation or commencement of use:

a.

New wireless support structures greater than 150 feet in height, in any industrial or agricultural district or within the timber production or extractive zone districts.

b.

Camouflage wireless facilities that are 75 feet or less in height, in any non-residential district or rural community district.

c.

Substantial modifications as defined by this Code.

d.

COWs that that will be placed at a location for greater than 120 days.

(3)

Minor conditional use permit review and approval. The following require approval of a minor conditional use permit:

a.

Camouflage wireless facilities that are 60 feet or less in height, in any residential district.

b.

Camouflage wireless facilities that are greater than 75 feet in height in any non-residential or rural community districts.

c.

New wireless support structures less than 125 feet in height in any special purpose district.

(4)

Conditional use permit review and approval. The following require approval of a conditional use permit:

a.

Camouflage wireless facilities that are greater than 60 feet in height, in any residential district.

b.

New wireless support structures greater than 125 feet in height in any special purpose district.

c.

New wireless support structures in residential, rural community, or commercial and mixed-use districts or resource preservation and recreation, planned development or planning reserve zone districts.

(d)

Standards. All wireless communication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zoning district in which they are located.

(1)

Location and siting.

a.

Within the valley growth boundary and rural communities, no new freestanding facility, including a tower, lattice tower, or monopole, shall be located within 1,000 feet of another freestanding facility, unless appropriate camouflage techniques have been used to minimize the visual impact of the facility to the extent feasible, or when it can be demonstrated that co-location on an existing pole or tower or camouflage techniques are not feasible.

b.

Countywide: All wireless communication facilities shall meet the building setback standards of the district which they are to be located unless due to topography or other site constraints a waiver to the setback is approved by the decision-making authority.

c.

Countywide: When feasible, providers of personal wireless services shall co-locate facilities in order to reduce adverse visual impacts. The decision-making authority may require co-location or multiple-user wireless communication facilities for new facilities based on a determination that it is feasible and consistent with the purposes and requirements of this article.

1.

When determined to be feasible and consistent with the purposes and requirements of this article, the applicant shall make unused space available for future co-location of other wireless communication facilities, including space for different operators providing similar, competing services.

(2)

Support structures. Support structures for wireless communication facilities shall be any of the following:

a.

A single pole (monopole) sunk into the ground and/or attached to a foundation. Any new monopole should be constructed to allow for co-location of at least one other similar wireless communications provider.

b.

A monopole mounted on a trailer or a portable foundation if the use is for a temporary wireless communications facility (COW).

c.

An existing non-residential building.

d.

An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless communications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter and profile.

e.

An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the wireless telecommunication facility. The term "functioning" as used herein means the light pole serves a useful and appropriate lighting function as well as a wireless communications function.

f.

Existing publicly-owned and operated monopole or a lattice tower.

(3)

Height requirements.

a.

Freestanding antenna or monopole. The height of a freestanding antenna or monopole should be limited to what is necessary to provide adequate service and coverage while still providing opportunities for co-location or future expansion.

b.

Building-mounted facilities. Building-mounted wireless telecommunication facilities shall not exceed a height of 15 feet above the height limit of the district or 15 feet above the existing height of the legally established building or structure that is located on, whichever is higher, measured from the top of the facility to the point of attachment to the building.

c.

Facilities mounted on structures. Wireless telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except antennas may extend up to 15 feet above the height of an electric utility pole.

(4)

Design and screening. Wireless telecommunication facility structures and equipment shall be located, designed and screened to blend with the existing natural or built surroundings, as well as any existing support structures, so as to reduce visual impacts to the extent feasible.

a.

Screening of base stations. Within the valley growth boundary with the exception of industrial zone districts, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or solid fence and landscaping, as approved by the County. Any wall shall be architecturally compatible with the building or immediate surrounding area. Equipment cabinets and related facilities located in industrial zone districts and outside the valley growth boundary shall be fenced or screened with landscaping when located within 100 feet of a public right-of-way. Existing terrain and vegetation may be counted towards screening requirements.

b.

Lighting. Artificial lighting of a wireless telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.

c.

Advertising. No advertising shall be placed on wireless telecommunication facilities, equipment cabinets, or associated structures.

(5)

Security and maintenance requirements. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances.

a.

Fencing. Security fencing and walls shall not exceed ten feet in height. Chain link fencing is prohibited within the valley growth boundary with the exception of industrial zone districts. In industrial zone districts and outside the valley growth boundary, no chain link fences shall be visible from public view (typically within 100 feet of a right-of-way unless screened by existing terrain or vegetation).

b.

Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti. Where landscaping is provided it shall be irrigated and maintained for the life of the project.

c.

Removal of facilities. The operator of a wireless communication facility must remove all unused or abandoned equipment, antennas, poles or towers within 30 days of abandonment. The facility shall be deemed abandoned if it has not been operational for a consecutive 90-day period.

(6)

Radio frequency standards; noise.

a.

Radio frequency. Wireless telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit.

b.

Noise. Wireless telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of the noise standards established in Yuba County Code Chapter 8.20, Noise Regulations. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place between the hours of 7:00 a.m. and 10:00 p.m.

(7)

Fire prevention. All wireless telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.

(8)

Surety bond. As a condition of approval, an applicant for a building permit to erect or install a wireless telecommunication facility shall be required to post a cash or surety bond in a form and amount acceptable to the County to cover removal costs of the facility in the event that its use is abandoned or the approval is otherwise terminated.

(9)

Required findings.

a.

General findings. The decision-making authority may approve or approve with conditions any use permit or zoning clearance required under this article after making the following findings in addition to any other findings required by this Code:

1.

The proposed use conforms with the specific purposes of this article and any special standards applicable to the proposed facility;

2.

The proposed communication facility is a co-location or camouflage facility or the applicant has provided reasonable justification to demonstrate that a co-location or camouflage facility is not feasible and a new ground-mounted antenna, monopole, or lattice tower is needed;

3.

The proposed site and wireless communication facility has been designed to achieve compatibility with the surrounding community and limit environmental impacts to the extent reasonably feasible in accordance with the provisions of this Chapter.

b.

Additional findings for facilities in a residential districts and public facilities. To locate a facility in a residential district where it is readily visible from the habitable area of a dwelling unit within 300 feet, or at any location where it is readily visible from a public right-of-way, public park, or other public recreation or cultural facility, the decision-making authority shall find that:

1.

It is not feasible to provide the service at another location; or to incorporate additional measures such as a decrease in height, increase in setback, change in design, relocation relative to other structures or natural features, that would further reduce its visibility; and

2.

The proposed facility provides an important link in applicant's service area build-out and is necessary to provide personal wireless services to County residents.

c.

Additional findings for any other exception to standards. The decision-making authority may waive or modify requirements of this article upon finding that strict compliance would result in noncompliance with applicable federal or State law.

(Ord. No. 1624)

(a)

Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same zoning district. Supportive housing is also permitted by right in nonresidential zones permitting multifamily uses, if the proposed housing development satisfies the following requirements:

(1)

Units within the development shall be subject to a recorded affordability restriction for 55 years.

(2)

All units, excluding managers' units, within the development shall be dedicated to lower-income households, provided they are receiving public funding to ensure affordability of the housing to lower-income Californians.

(3)

At least 25 percent of the units in the development, or 12 units, whichever is greater, shall be restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, 100 percent of the units (excluding managers' units) in the development shall be restricted to residents in supportive housing who meet criteria of the target population.

(4)

Per Section 65652 of the California Government Code, the developer shall provide the County with a plan for providing supportive services, and include documentation demonstrating that supportive services will be provided on site to residents in the project, and shall include all of the following information:

a.

The name of the proposed entity or entities that will provide supportive services.

b.

The proposed funding source or sources for the provided on-site supportive services.

c.

Proposed staffing levels.

(5)

Nonresidential floor area shall be used for on-site supportive services in the following amounts:

a.

For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.

b.

For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

(6)

Units within the development, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(7)

If the developer replaces any dwelling units on the site of the supportive housing development, the units subject to these provisions shall be replaced as specified in subdivision (c) of Government Code § 65915.

(Ord. No. 1624)

This Section establishes standards for certain temporary uses and special events that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur. This Section also provides standards for longer term special events and event centers.

(1)

Arborist office. On-site temporary arborist offices are permitted in conjunction with an approved zoning clearance during the period of arborist work. The office shall be shut down immediately upon completion of arborist project.

(2)

Construction office trailers. On-site temporary construction offices are permitted in conjunction with an approved construction project during the period of construction with a building permit. The trailer shall be removed immediately upon completion of the construction project, or the expiration of the building permit.

(3)

Construction yards. Contractors' construction yard(s) are permitted in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the building permit. Off-site construction yards for capital improvement projects require approval of a zoning clearance; all other off-site construction yards require approval of a temporary use permit. No zoning clearance is required for on-site contractors 'construction yards. A performance bond for removal and site clean-up may be required as determined by the Community Development and Services Agency Director.

(4)

Garage sales. Garage sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards:

a.

No permit or clearance required. Garage sales are allowed by right, and require no zoning clearance, if they meet all of the following standards:

1.

Garage sales shall be conducted by a resident of the premises and goods shall be limited to personal property.

2.

Items offered for sale shall be limited to the personal property not acquired for resale, and either owned by the resident(s) of the dwelling unit where the sale is to be conducted or by another person participating in the sale with the resident.

3.

No more than four garage sales shall be conducted on a site in any calendar year.

4.

No single sale event shall be conducted for longer than three consecutive days.

5.

Garage sales may be conducted during daylight hours.

b.

Garage sales that exceed these thresholds shall be considered temporary sales events.

(5)

Subdivision-related temporary uses (model home complexes). Certain temporary structures and uses associated with an approved subdivision are allowed with a temporary use permit.

a.

Permitted uses. The following uses and structures may be allowed with a temporary use permit, subject to the procedures of Chapter 11.58, Temporary Use Permits, in connection with a subdivision of 20 or more lots with an approved tentative map.

1.

Up to six model homes;

2.

A temporary building used as a contractor's office; and

A real estate sales office in connection with marketing of a subdivision.

b.

Standards.

1.

All such uses must be located within the subdivision.

2.

The uses are allowed in connection with a subdivision of 20 lots or more with an approved tentative map.

3.

A real estate sales office may be located within a new residence that is part of the development or within a temporary building.

4.

Model homes may be used in conjunction with an approved temporary tract office but not a general real estate business.

5.

At the end of the approved time period, structures shall either be removed or restored for a use permitted in the zone where they are located.

c.

Time limits and extensions.

1.

The temporary structures and uses may be granted for an initial period of no more than two years.

2.

The zoning administrator may renew said permits for up to additional one-year periods upon written application at least 30 days prior to expiration.

(6)

Temporary housing. Temporary housing for family members or care givers may be granted in certain zones, as specified in Division II, Base and Overlay Districts, in order to prevent the dislocation of families and to allow for in-home care of certain individuals by family members where such care is needed.

a.

Temporary use permit required. Establishment of a temporary housing requires approval of a temporary use permit, pursuant to the procedures of Chapter 11.58, Temporary Use Permits.

b.

Standards.

1.

The lot on which a temporary permit for a temporary housing is granted must meet the same setbacks as that required for the primary residence. At least ten feet of separation shall be provided between the primary residence and temporary housing.

2.

The project must comply with all other statutes and ordinances relating to health and building codes. Due to the temporary nature of the housing, capital facility fees shall not be collected.

3.

The occupants of the temporary housing shall be limited to: relatives of the property owner; a licensed caregiver needed to care for a member of the primary household; or a caretaker of the property.

4.

Conditions/recorded agreement. The applicant shall sign an agreement that at the conclusion of the permit or upon violation thereof, the temporary housing shall be removed from the property or the County may be authorized to remove the residence and record a lien on the property for the cost thereof. Such agreement may be recorded.

c.

Time limits and extensions.

1.

A temporary use permit to allow temporary housing shall be granted for no more than a two-year period. The applicant may apply for additional two-year extensions, not to exceed a total of six years unless approved by the CDSA Director.

2.

A temporary use permit to allow a temporary housing unit shall expire if the temporary residence is removed from the property or if the residence is no longer occupied by a qualifying relative or the TUP has not been renewed.

(7)

Temporary emergency shelters. Temporary emergency shelters, as defined in Chapter 11.72, Use Classifications, are permitted according to the following standards. (For permanent shelters, see Section 11.32.100, Emergency Shelters.)

a.

Zoning clearance. Temporary emergency shelters in any zoning district are permitted with a zoning clearance if they meet all of the following standards:

The shelter will operate for no more than 26 days in any 90-day period.

2.

No other temporary emergency shelter may be operated within 500 feet during the same 90-day period.

b.

No permit or clearance required. Facilities providing lodging and other services during a declared emergency are exempt from the above requirement for a CDSA Clearance.

(8)

Temporary sales events. Temporary sales that meet the standards of this Subsection are permitted for up to seven days within a 90 day period. Sales events for a longer period or that exceed the standards may be allowed with a temporary use permit.

a.

General requirements. The following requirements apply to all temporary sales events:

1.

Location. Sales events are limited to non-residential districts. The sales event must be conducted solely on private property and not encroach within the public right-of-way or occupy needed parking at the time of the event.

2.

Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

3.

Events shall comply with Chapter 8.20, Noise Regulations, of the County Code.

b.

Seasonal sales. The annual sales of Christmas trees, pumpkins, fireworks and similar items on private property is permitted, provided that the following standards are met:

1.

Seasonal sales shall comply with the general requirements listed in Section 11.32.320(7)a.

2.

Time period. Christmas tree sales are permitted from Thanksgiving Day through December 31st. Seasonal sales associated with other holidays are permitted up to a month preceding and one week following the holiday.

3.

Goods, signs and temporary structures. All trees, pumpkins, or other items for sale, as well as signs and temporary structures, shall be removed and the site shall be returned to its previous condition within five days of the end of sales. A clean-up deposit may be required.

4.

Seasonal sales on undeveloped properties require approval of a zoning clearance and property owner's authorization.

c.

Longer-term sales events. Other special sales events and displays that exceed the time limits of this Section may be allowed with the approval of a temporary use permit, pursuant to the procedures of Chapter 11.58, Temporary Use Permits and subject to the following standards:

1.

Location. Events are limited to non-residential districts.

2.

Existing business. Temporary outdoor sales shall be part of an existing business on the same site.

3.

Maximum duration. The duration of such special sales events shall be established by the temporary use permit but in no case shall exceed a period of three months.

4.

Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of ten square feet in area, subject to Chapter 11.27, Signs.

5.

Existing parking. The available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by Chapter 11.25, Parking and Loading.

(9)

Fairs, festivals, and other special events within the valley growth boundary. Fairs, festivals, and other special events that are general open to the general public (e.g., craft fairs, art shows, cultural festivals, carnivals, recreational events) located on private property may be permitted with a zoning clearance, subject to the following standards:

a.

Time limit. Special events under this Subsection may not operate for more than three consecutive or ten total days per year. A longer period may be requested with a temporary use permit or minor use permit pursuant to

thresholds in Section 11.32.320, Temporary Uses and Special Events, Sections 1.2 and 1.3 and Table 11.32.320.

b.

Hours of operation. When located adjacent to a residential district, the hours of such special events shall be limited to between 8:00 a.m. to 10:00 p.m.

c.

Location. Events are limited to areas within nonresidential districts, or on land owned by a school, church or other public or quasi-public facility.

d.

Site circulation. Temporary events shall not block accessible pathways or parking spaces, public rights-of-way, sidewalks, or impede on-site circulation and parking for either the event or any businesses that are operating on the site, subject to approval by the Public Works Director and the local fire district.

e.

Noise. Events shall comply with Chapter 8.20, Noise Regulations, of the County Code.

f.

Other permits. Special events shall obtain any and all permits required by other agencies or other sections of the County Code (i.e. food vendor permits from Environmental Health).

(10)

Special events outside the valley growth boundary or on lots with permitted agricultural uses. Special events on property outside the valley growth boundary or on lots with agricultural uses are subject to the following standards:

a.

Special events—Permitted. The following types of temporary uses may be conducted without a temporary use permit. Other permits, such as zoning clearances, may be required.

1.

No more than five events or ten total days per year per site shall occur per calendar year.

2.

The capacity of each event shall not exceed 100 persons at one time and all parking is contained onsite.

3.

Events shall be limited in duration to no more than three consecutive days (ten days per year total). Outdoor events shall only occur between the hours of 8:00 a.m. to 10:00 p.m.

Temporary sanitation facilities shall be provided to handle the additional occupant loading.

5.

No permanent structures shall be constructed or grading activities directly related to the special event shall be permitted.

6.

Outdoor music that is amplified shall be limited to 8:00 a.m. to 9:00 p.m. and shall not exceed 45 decibels measured at the property line.

b.

Special events requiring a temporary use permit. Special events that exceed the thresholds of Subsection 11.32.320(10)a., Special Events—Permitted, above, may be allowed with a temporary use permit, subject to the following provisions:

1.

Such events shall be limited to no more than 12 events or 24 days per site per calendar year.

2.

The capacity of each event shall not exceed 250 persons at any one time and all parking is contained onsite and reviewed and approved by the local fire department.

3.

Events shall be limited in duration to no more than three consecutive days.

4.

Parking and assembly areas shall be located in such a manner as to avoid impacts to sensitive habitat.

5.

Temporary sanitation facilities shall be provided, as required by the Environmental Health Director.

6.

Any outdoor music shall meet County noise standards. Amplified music or amplified speech shall comply with Chapter 8.20, Noise Regulations, of the County Code. For any events with amplified sound, occurring between 7:00 p.m. and 9:00 p.m., a noise analysis shall be submitted to the Planning Department demonstrating that the noise standards will not be exceeded. No outdoor music will be allowed after 9:00 p.m. This Subsection does not permit concerts or other live, outdoor amplified music where the music is the primary attraction. (See Chapter 8.70, Outdoor Music Festivals, for events involving outdoor music for more than 200 attendees.)

c.

Special events requiring a minor use permit (special event centers). The following uses require a minor use permit:

1.

Temporary campgrounds associated with a special event exceeding 48 hours in duration.

2.

Concerts or other live, outdoor amplified music where the music is the primary attraction. (See also Chapter 8.70, Outdoor Music Festivals, of the County Code.)

3.

Required findings. In order to approve a minor use permit for a special event center, the Development Review Committee shall make the following findings in addition to the findings for approval of a use permit in Section 11.57.060.

i.

The proposed use does not detract from or diminish the on-site crop production uses.

ii.

There is no adverse effect on agricultural production or public health and safety on surrounding properties.

(11)

Other temporary uses. If a temporary use is proposed that is not listed or addressed in this Section or another section of this Code, the Planning Director shall determine the most similar temporary use, and the proposed use will be subject to the same standards and procedures as the most similar use.

(Ord. No. 1624)

For purposes of this Section, the regulations associated with wineries also pertain to olive oil, micro-brewery and micro-distillery production facilities. Wineries and tasting rooms shall be developed, located and operated in conformance with the following standards:

(1)

Wineries. The growing and harvesting of grapes, olives, fruit, hops and other products suitable for processing and bottling of wine, olive oils, beer and distilled beverages or products.

a.

Milling, pressing, processing, and bottling of grapes, olives, beer and distilled beverages is principally permitted in agricultural districts, in the rural residential zone district up to 5,000 cases per year (case = case of wine or equivalent in olive oil, beer or distilled beverage), and permitted through approval of an administrative use permit in the residential estate district.

b.

Processing of more than 5,000 cases per year shall be subject to approval of a minor conditional use permit within the rural residential and residential estate districts.

c.

Incidental uses. Tasting rooms pursuant to Section 11.32.330.B; retail sales, special events, lodging, and agricultural recreation and entertainment are permitted as incidental uses to a permitted winery in accordance with regulations listed under Section 11.32.230, Ranch Marketing and Section 11.32.320, Temporary Uses and Special Events.

(2)

Tasting rooms.

a.

Accessory use. Tasting facilities shall be clearly related to the winery with the focus of the tasting facilities on the marketing and sale of the products grown and/or processed on the site or neighboring properties under the same ownership and/or lease.

b.

Maximum size. Tasting rooms are subject to the size limits listed in Table 11.32.330(2) below:

c.

Complimentary food items for on-site consumption. Complimentary food items including but not limited to fruit slices, cheese, and crackers, may be offered to customers along with tastings, provided that:

1.

Food items are not advertised on signage; and

2.

Such food is prepared in a facility approved by the Yuba County Department of Environmental Health and handled in accordance with the California Health and Safety Code.

d.

Merchandise and prepackaged food sales. Tasting rooms may engage in the retail sale of the following items, provided that the aggregate area for the display of all such items occupies no more than 15 percent of the area of the tasting room.

1.

Product-related merchandise. Incidental merchandise relating to the use and consumption of the product that is the subject of the tasting room, including but not limited to wine glasses, corkscrews, accessory clothing, key chains, and pens.

2.

Value-added agricultural products. Packaged food for off-site consumption, including but not limited to jam, jellies, olives, and olive oil, provided that:

i.

The packaged food is produced from agricultural products grown on lots or parcels of land owned or leased by the holder of a Type 02 license issued by the California State Department of Beverage Control;

ii.

The associated producer's logo is permanently and prominently affixed to all food sold; and

iii.

The packaged food is prepared and offered in accordance with any and all regulations and/or requirements of the applicable government agencies regarding the preparation, licensing, and inspection of such packaged food.

3.

Pre-packaged foods. Prepackaged food items intended to complement the product that is the subject of the tasting room, including but not limited to crackers, for off-site consumption. These shall be non-potentially hazardous prepackaged food products from an approved source.

e.

Picnic areas. Picnic areas may be provided but shall be subordinate to the tasting room.

f.

Utilities. Sanitary facilities and potable water shall be provided pursuant to applicable codes.

(Ord. No. 1624)

DIVISION IV. - LAND DIVISIONS CHAPTER 11.39 - GENERAL PROVISIONS

Division IV of this Code shall be known and cited as the "Subdivision Ordinance of Yuba County" and will be referred to herein as "the Subdivision Ordinance" or "this division."

Authority for this division is found in Title 7, Division 2 of the California Government Code, commencing with Section 66410, hereinafter referred to as the "Subdivision Map Act," as may be amended from time to time.

(Ord. No. 1624)

The purpose of this division is to regulate the division of land within Yuba County. The provisions of this division implement and supplement the requirements of the Subdivision Map Act concerning the design and improvement of subdivisions and regulating other divisions of land within the County, including the form and content of all maps and the procedure to be followed in securing official approval. It is also the purpose of this division to ensure that the design and improvements of subdivisions are consistent with and promote the goals and policies of the General Plan. In order to protect and preserve public health, safety and general welfare and promote orderly growth and development, the provisions of this division are more specifically intended to:

(1)

Protect and enhance property values;

(2)

Ensure that new developments are served by adequate infrastructure, facilities, and services; and

(3)

Provide for the future development of adjacent properties.

(Ord. No. 1624)

The regulations set forth in this division apply to all parts of subdivisions within Yuba County and to the preparation of subdivision maps and to other maps provided for by the Subdivision Map Act. Each subdivision and each part thereof lying within the County shall be made and each map shall be prepared and presented for approval as provided for and required by this division. Areas that fall within the FP overlay district shall comply with the provisions of Chapter 11.14 and Chapter 10.30.

(Ord. No. 1624)

This division shall not apply to any projects or uses listed as exclusions in Section 66412 et seq. of the Subdivision Map Act.

(Ord. No. 1624)

(a)

Application. Any person who proposes to subdivide land regulated by this division shall first file an application with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures.

(b)

Environmental review. Actions and projects governed by the provisions of this division shall be subject to Chapter 11.54, Environmental Review and any other guidelines and regulations that the County has adopted for the preparation and consideration of Initial Studies, Negative Declarations, and Environmental Impact Reports in compliance with the California Environmental Quality Act (State Public Resources Code Sec. 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Sec. 15000 et seq.).

(c)

Notification procedures.

(1)

Whenever this division requires a public hearing, notification shall be provided and the hearing shall be conducted in compliance with the provisions for public notice and hearings in Section 11.53.050, Notice of Public Hearings.

(2)

If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, in addition to the notification required by Section 11.53.050, Notice of Public Hearings, notice shall be given by United States mail to each tenant of the subject property, and shall include notification of the tenant's right to appear and be heard.

(d)

Appeals. Decisions that are subject to appeal under the Subdivision Map Act or the provisions of this Code shall be filed and processed in compliance with the procedures for appeals and calls for review in Section 11.53.150, Appeals and Calls for Review.

(Ord. No. 1624)

The provisions of this Section shall determine the need for tentative subdivision or vesting tentative maps, final maps, tentative parcel maps, and parcel maps.

(1)

Tentative subdivision and final maps. A tentative subdivision map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where one of the following occurs:

a.

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body.

b.

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway.

c.

The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.

d.

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

e.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

A tentative and parcel map shall be required for those subdivisions described in Subsections a. through e.

(2)

Tentative parcel and parcel maps. A tentative parcel map and parcel map shall be required for all divisions of land into four or fewer parcels, as well as for divisions of land into five or more parcels described in Subsections a. through e. of Subsection (1), tentative subdivision and final maps, above, except that a tentative parcel map and parcel map shall not be required for the following:

a.

Right-of-way subdivisions. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code that are created by short-term leases terminable by either party on not more than 30 days' notice in writing.

b.

Conveyances. Land conveyed to or from a governmental agency, public entity, public utility, or a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this Section, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

c.

Lot line adjustments. Lot line adjustments that meet the requirements of Section 11.43.040, Lot Line Adjustments.

d.

Required dedication. A division of land into four or fewer parcels for the purpose of dedication of land to a governmental agency, public entity or public utility pursuant to a requirement the County has imposed as a condition of approval of a development project.

(3)

Waiver of preparation of parcel maps.

a.

The Development Review Committee may, upon written request of the applicant, waive or conditionally waive the filing of a parcel map provided that it specifically makes a finding that the proposed subdivision complies with requirements of the Subdivision Map Act and this division as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or this division.

b.

The applicant shall submit a tentative map with the request for waiver.

c.

No waiver of preparation of a parcel map is valid unless the applicant records, within 60 days of approval of the waiver, a certificate on a form provided by the Community Development and Services Agency. On the form, the applicant shall provide a legal description that indicates the boundaries of the parcels and all conditions of approval.

(4)

Conveyances to governmental agencies, public entities or public utilities for rights-of-way; computing number of parcels. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels as further defined in Section 66426.5 of the Subdivision Map Act. For purposes of this Section, any conveyance of land to a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license as referenced in Section 66428(a)(2) of the Subdivision Map Act.

(Ord. No. 1624)

11.39.070. - Condominiums; community apartment project, stock cooperative project; three-dimensional portions.

(a)

A map of a condominium project, a community apartment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings nor the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a tentative map, parcel map, or final map of the project on account of the design or the location of buildings on the property shown on the map that are not violative of this Code or on account of the manner in which airspace is to be divided in conveying the condominium.

(b)

A map need not include a condominium plan or plans, as defined in Civil Code Section 1351(e), and the Board of Supervisors may not refuse approval of a tentative map, parcel map, or final map of the project on account of the absence of a condominium plan.

(c)

Fees and lot design requirements shall be computed and imposed with respect to those maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project.

(d)

Nothing herein shall be deemed to limit the power of the Board of Supervisors or delegated governing body to regulate the design or location of buildings in a project pursuant to the standards of this Code.

(e)

If the governing body has approved a parcel map or final map for the establishment of condominiums on property pursuant to the requirements of this division, the separation of a three-dimensional portion or portions of the property from the remainder of the property or the division of that three-dimensional portion or portions into condominiums shall not constitute a further subdivision as defined in Section 66424 of the Subdivision Map Act, provided each of the following conditions has been satisfied:

(1)

The total number of condominiums established is not increased above the number authorized by the County in approving the parcel map or final map.

(2)

A perpetual estate or an estate for years in the remainder of the property is held by the condominium owners in undivided interests in common, or by an association as defined in Civil Code Section 1351(a), and the duration of the estate in the remainder of the property is the same as the duration of the estate in the condominiums.

(3)

The three-dimensional portion or portions of property are described on a condominium plan or plans, as defined in Civil Code Section 1351(e).

(Ord. No. 1624)

CHAPTER 11.40 - TENTATIVE MAPS

The form and contents, submittal and approval of tentative maps shall be governed by the provisions of this Chapter. The term "tentative map" shall encompass both tentative parcel maps and tentative subdivision maps. Tentative Maps for areas that fall within the FP Overlay District shall comply with the provisions of Chapter 11.14 and Chapter 10.30.

(Ord. No. 1624)

Applications for tentative maps shall be filed with the Planning Department on the prescribed application forms in accordance with the application procedures in Chapter 11.53, Common Procedures. In addition, the tentative map shall be clearly and legibly drawn on sheets of 18 x 26 inches, using an engineer's scale in all cases. A marginal line shall be drawn around each sheet leaving a blank margin of one inch.

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

(a)

Determination of complete application. The Planning Director shall determine whether the application is complete within 30 days after receipt of the application and shall notify the applicant of its determination in

writing. The tentative map application shall be accepted for filing only when the Planning Director determines that:

(1)

All maps and information required by this division and the Subdivision Map Act have been submitted, checked, and accepted as complete;

(2)

All information required to conduct environmental review in compliance with the California Environmental Quality Act, and the County's environmental review regulations (Chapter 11.54, Environmental Review) has been submitted;

(3)

The required fees and deposits have been paid.

(b)

Referral. The Planning Department may transmit copies of the application, the tentative map and any accompanying data to other departments of the County, other public agencies or interested persons for review and comment. Section 66453 et seq. of the Subdivision Map Act shall be complied with as required therein.

(c)

Public hearing. Upon determining that an application for a tentative map is complete, the Planning Director shall schedule the proposed map for review and public hearing and shall provide notice of the public hearing according to the requirements of Section 11.53.050, Notice of Public Hearings.

(d)

Report or recommendation. Any report or recommendation on a tentative map by the staff of the County to the Development Review Committee, Planning Commission or Board of Supervisors shall be in writing, and a copy thereof shall be served upon the applicant at least three days prior to any hearing or action on such map by the governing body.

(Ord. No. 1624)

(a)

Final date of filing. The application is not to be considered filed for purposes of Subsection 11.40.040(b), Action Required, below, until a certificate of exemption from environmental review or a negative declaration is approved and adopted or, if an environmental impact report is required, the EIR is finally approved and adopted and these documents are filed as required by law. The governing body may review the application prior to filing but may not take final action until filing is completed.

(b)

Action required. Within 50 days after the date upon which the application is deemed finally filed, unless the applicant and the Planning Director agree to extend said time period, the governing body shall approve, conditionally approve or disapprove a tentative parcel map by a majority vote of the Committee. The Planning Director shall supply the applicant with a written statement of the action taken by the Committee.

(c)

Basis for action. The approval, conditional approval, or denial of a tentative map shall be based on the ordinances, policies, and standards in effect on the date of notification to the developer of the determination that the application is complete. If the County has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the developer's project prior to acceptance of a complete application, the amended ordinances, policies, and standards in effect on the date of complete application shall apply.

(d)

When deemed approved. If no action is taken by the Development Review Committee (in the case of a tentative parcel map) or the Planning Commission (in the case of a tentative subdivision map) within the time limit as specified, and all other State and County requirements have been met, including but not limited to the California Environmental Quality Act, the tentative map application shall be deemed to be approved if it complies with other applicable provisions of the Subdivision Map Act, this division, other County ordinances, and the General Plan, and it shall be the duty of the County Clerk to certify the approval. The appeal period to the Board of Supervisors shall begin on the date of such certification.

(e)

Required findings for approval. The Development Review Committee (in the case of a tentative parcel map) or the Planning Commission (in the case of a tentative subdivision map) may approve or conditionally approve a tentative map only if it makes all of the following findings:

(1)

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, the Development Code, and other applicable provisions of the County Code. A proposed subdivision shall be considered consistent with the General Plan or a specific plan only when the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan.

(2)

Passive and natural heating and cooling. The design of the subdivision shall provide, to the extent feasible, for future passive and natural heating and cooling features in accordance with Section 66473.1 of the Subdivision Map Act.

(3)

Availability of water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.

(f)

Basis for denial. The Development Review Committee or Planning Commission shall deny approval of a tentative map if it makes any of the following findings:

(1)

The proposed map is not consistent with the General Plan, any applicable specific plans, or any applicable provision of this division.

(2)

The design or improvement of the proposed subdivision is not consistent with the General Plan or any applicable specific plans or adopted policies of the County.

(3)

The site is not physically suitable for the type of development proposed.

(4)

The site is not physically suitable for the proposed density of development.

(5)

The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

(6)

The design of the subdivision or the type of improvements are likely to cause serious public health problems.

(7)

The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the Development Review Committee or Planning Commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to easements previously acquired by the public. This Subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the Development Review Committee or Planning Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

(8)

Either the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, according to the specific provisions of Section 66474.4 of the Subdivision Map Act.

(9)

The waste discharge into the sewer system from the proposed subdivision would add to, or result in, violations of requirements imposed by the Central Valley Regional Water Quality Control Board.

(10)

The proposed subdivision is to be fronted upon a public waterway, lake or reservoir, river or stream that does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The governing body shall initially determine whether the proposed subdivision provides for reasonable public access, and in making that determination, shall consider all of the factors and criteria contained in Sections 66478.4, 66478.5, and 66478.12 of the Subdivision Map Act.

(11)

The project does not make use of public sewage and water facilities when available. Construction of on- or offsite facilities or removal of existing facilities relating to water or sewage may be made a condition of approval. Availability shall be determined by the governing body considering:

a.

Rational engineering design and reasonable cost of the proposed system.

b.

Policy of the public agency providing public sewage or water facilities.

c.

Such other information deemed necessary by the governing body to reach a conclusion as to availability of public sewage of water facilities.

(12)

Any other finding requiring disapproval of a tentative map as set out in Section 66474 et seq. of the Subdivision Map Act.

(g)

Conditions of approval. In approving an application for a tentative map, the Development Review Committee or Planning Commission may impose any conditions necessary to make the required findings for approval of Subsection (e) and to meet the requirements of this Chapter.

(1)

Conditions generally. Conditions may include a condition prohibiting further subdivision of any units on any grounds consistent with the protection of the public health, safety and welfare, based upon written findings of fact.

(2)

Tentative parcel maps.

a.

The Development Review Committee may require, as conditions of approval of a tentative parcel map, dedications of rights-of-way, easements, and the construction of reasonable off-site and on-site improvements for the parcels being created.

b.

The Development Review Committee shall have the power to make findings as set out in Section 66411.1 of the Subdivision Map Act to require the fulfillment of construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel.

c.

At the option and discretion of the Public Works Director, the County will accept any of the forms of security provided for in Section 66499 of the Subdivision Map Act.

(3)

Tentative subdivision maps. The decision-making authority may require, as conditions of approval of tentative subdivision maps, all conditions, dedications or improvements which may be required by local ordinance under the Subdivision Map Act, together with the payment of fees in lieu thereof, and subject to all conditions as set forth in the Subdivision Map Act. The decision-making authority may require any conditions necessary to bring the project into conformance with all local ordinances and standards as set forth by resolution or ordinance of the Board of Supervisors including a provision permitting County enforcement of any required conditions, restrictions or agreements.

(4)

Enforcement. Any condition, when appropriate for enforcement, may be required to be placed in all deeds of units shown on the map as a restriction on the land conveyed.

(Ord. No. 1624)

(a)

Expiration. The approval or conditional approval of a tentative map shall expire 36 months from the date the map was approved or conditionally approved.

(1)

The period of time specified shall not include any period of time during which a development moratorium is in effect according to Section 66452.6(b) of the Subdivision Map Act.

(2)

The period of time specified above shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map only if a stay of the time period is approved by the Board of Supervisors. Within ten days of the service of the initial petition or complaint upon the County, the subdivider shall, in writing, to the CDSA Director, request a

stay in the time period of the tentative map. Within 40 days after receiving the request, the Board of Supervisors shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be a hearing with notice to the subdivider and to the appellant/petitioner and upon conclusion of the hearing, the Board of Supervisors shall, within ten days, declare its findings.

(b)

Extension. A tentative map may be eligible for an extension of time pursuant to Section 66452.6 of the Subdivision Map Act.

(1)

Automatic extensions. Any extensions as provided for by the California State Legislature shall automatically be applied to the expiration date of an approved tentative map.

a.

If the subdivider is required to expend funds (amount as set forth in the Subdivision Map Act) to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 of the Subdivision Map Act shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date of its expiration, as provided in this Section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than ten years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Government Code Section 65864 et seq. may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the Development Review Committee at the time of the approval or conditional approval of the tentative map.

b.

"Public improvements," as used in this Subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.

(2)

Discretionary extensions. A tentative map may be eligible for an extension of time provided that a complete application form is received by the Planning Department prior to the expiration date of the approved or conditionally approved tentative map.

a.

Upon timely filing of an application for an extension of time, the tentative map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied by the Development Review Committee at a public hearing, whichever occurs first.

b.

The Development Review Committee may extend the original expiration date of a tentative map for a period up to 24 months. In no case shall the parcel map approval exceed a total of five years from the date the tentative map was originally approved, except for those time extensions provided by Section 66452.6 of the Subdivision Map Act. Prior to approving an extension, the Development Review Committee shall make a determination that:

1.

The tentative map is still consistent with the General Plan and any adopted community plan or specific plan.

2.

The subdivider has demonstrated that the project has been pursued in a timely manner, which shall include proof of submittal of improvement plans for the project or any other items that demonstrate progress.

c.

If the Development Review Committee denies approval of an extension, the subdivider may appeal such denial in writing to the Board of Supervisors, pursuant to Section 2.25.040 of the County Code, within ten calendar days of the denial.

(c)

Termination of proceedings. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or final parcel map of all or any portion of the real property included within the tentative map shall be filed with the Yuba County Recorder without first processing an application for a new tentative map.

(Ord. No. 1624)

Amendments to tentative maps may be made in accordance with Section 11.47.010, Correction and Amendment of Maps. A public hearing may be required.

(Ord. No. 1624)

CHAPTER 11.41 - PARCEL AND FINAL MAPS

After the approval or conditional approval of a tentative map and prior to the expiration of the tentative map, the subdivider may cause the real property included within the tentative map to be surveyed and a final map or parcel map prepared in accordance with the approved or conditionally approved tentative map.

The form, contents, accompanying data, and filing of final maps and parcel maps shall be governed by the provisions of this Chapter. Final maps and parcel maps shall be prepared by or under the direction of a person registered as a civil engineer prior to January 1, 1982 or a licensed land surveyor. Parcel maps for areas that fall within the FP Overlay District shall comply with the provisions of Chapter 11.14 and Chapter 10.30.

(Ord. No. 1624)

(a)

Multiple final maps relating to an approved or conditionally approved tentative subdivision map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative subdivision map is filed, informs the Development Review Committee in writing of the subdivider's intention to file multiple final maps on the tentative subdivision map, or if after the filing of the tentative subdivision map, the subdivider and Development Review Committee concur in the filing of multiple final maps. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

(b)

The decision-making authority shall approve the sequence of map approvals. The filing of a final map on a portion of an approved or conditionally approved tentative subdivision map shall not invalidate any part of the tentative map. Each final map that constitutes a part, or unit, or the approved or conditionally approved tentative subdivision map shall have a separate subdivision number. The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(Ord. No. 1624)

An accurate and complete survey of the land to be subdivided shall be made by a qualified person registered as a civil engineer prior to January 1, 1982 or a licensed land surveyor. All monuments, property lines, centerlines of streets, alleys, and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/1,000 for field closures and 1/10,000 for calculated closures.

(Ord. No. 1624)

(a)

Preparation. The final map or parcel map shall be prepared by or under the direction of a person registered as a civil engineer prior to January 1, 1982 or a licensed land surveyor.

(b)

General. The form and contents of maps shall be as required by the County Surveyor. In addition, final maps shall be prepared in conformance with Section 66433 et seq. of the Subdivision Map Act, and parcel maps shall be prepared in conformance with Section 66444 et seq. of the Subdivision Map Act.

(c)

Title and designation of maps.

(1)

All subdivisions shall be designated by number in the following manner:

a.

Final maps. The tentative and final maps shall be entitled "Tract No._______, Yuba County, California, being a subdivision of (here set forth the legal description or other sufficient description to show boundaries and location of the tract)," the section(s), township(s) and range(s) or rancho.

b.

Parcel maps. The parcel map shall be entitled "Parcel Map No._______(No.), Yuba County, California being a subdivision of (here set forth the legal description or other sufficient description to show boundaries and location),"including the section(s), township(s) and range or rancho.

c.

It shall be permissible to use either words or figures in designating the tract number.

d.

At the discretion of the developer, a final map may also have a name, but it shall be subordinate to the assigned number.

(2)

It shall be the duty of the County Surveyor to furnish any subdivider (including a subdivision within the boundaries of any municipality) with the next unallocated consecutive number for the purpose of this Section.

a.

In the event the final map or parcel map covers only a portion of the subdivision delineated upon the tentative map, the remaining portion will, when covered by a final map or parcel map, bear the next available number as furnished by the County Surveyor.

b.

When a number has been assigned to a tentative map and the subdivider fails to file a final map or parcel map thereof, such number shall not be assigned to any other map.

(d)

Monuments. The location and description of all existing and proposed monuments shall be shown. All monuments set shall be of the type and character as outlined in Section 66495 of the Subdivision Map Act and the Yuba County Improvement Standards. The final map or parcel map shall be monumented in the following manner:

(1)

All tract maps shall have all lot corners monumented except where such boundary line lies on meander line, and in that case, reference monuments shall be set.

(2)

All street centerlines shall be monumented at points of street intersections, radius points of cul-de-sacs, and at the beginning and end termination of street centerline curves. Any deviation from the street monuments described herein shall not be permitted unless prior approval is obtained from the County Surveyor. The County

Surveyor may permit such deviation for good cause. Interior monuments may be set after the filing of the final map in conformance with Section 66496 of the Subdivision Map Act.

(Ord. No. 1624)

After all required certificates on the final map are signed and, where necessary, acknowledged, the final map conforming to the approved or conditionally approved tentative map may be filed for approval of the County Surveyor.

(1)

The County Surveyor shall notify the Board of Supervisors at its next regular meeting after the County Surveyor receives the map that the County Surveyor is reviewing the map for final approval.

(2)

The Clerk of the Board of Supervisors shall provide notice of any pending approval or disapproval by the County Surveyor, which notice shall be attached and posted with the Board of Supervisors' regular agenda and shall be mailed to interested parties who request notice.

(3)

The County Surveyor shall approve or disapprove the final map within ten days following the meeting of the Board of Supervisors.

The Board of Supervisors shall periodically review the delegation of final map approval authority provided herein to the County Surveyor.

(Ord. No. 1624)

11.41.060. - Certificates.

All certificates required by the Subdivision Map Act shall be included in proper form and appropriately signed or acknowledged. In addition, in the case of a parcel map, there shall be a certificate signed by the County Surveyor acknowledging that the parcel map is in substantial compliance with the approved or conditionally approved tentative map.

(Ord. No. 1624)

(a)

With respect to parcel maps and final maps, the County Surveyor may accept or reject dedications and offers of dedication that are made by a statement on the face of the map or by separate instrument.

(b)

Except as provided in Subsection (a) above, at the time the Board of Supervisors approves the final map, it shall also accept, accept subject to improvement, or reject any offer of dedication and the Clerk shall certify on the

map the action taken by the Board of Supervisors.

(Ord. No. 1624)

If, at the time of approval of the final map or parcel map, any required improvements have not been completed and accepted, the Public Works Director shall require the subdivider to enter into an agreement to thereafter complete the improvements at the subdivider's expense or an agreement to initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of such improvements, provided that the latter agreement stipulates that if the improvements are not completed under the special assessment act, the subdivider must agree to complete them at the subdivider's expense. Subdivider shall provide County adequate security pursuant to Section 11.46.070 and the Subdivision Map Act prior to approval of the final map or parcel map.

(Ord. No. 1624)

(a)

No final map or parcel map that creates a subdivision shall be filed with the County without the written consent of all parties having any record title interest in the real property proposed to be subdivided, except as otherwise provided in accordance with the provisions of Government Code Section 66436, or any other provision of the Subdivision Map Act or this division.

(b)

Pursuant to Section 66435.1 of the Subdivision Map Act, certificates required for final maps by Sections 66436 and 66443 of the Map Act may be made either on the face of the map or by separate instrument to be recorded concurrently with the required map.

(c)

Certificates required for parcel maps by Section 66447 of the Map Act may be made either on the face of the map or by separate instrument to be recorded concurrently with the required map.

(Ord. No. 1624)

(a)

After the approval by the County of a final map or parcel map of a subdivision, the map shall be transmitted to the County Recorder. When all certificates and security required under the provisions of the Subdivision Map Act or by local regulations have been filed and deposited with the Clerk of the Board of Supervisors (or other County office as designated by the Board of Supervisors) the County Surveyor shall certify that the certificates have been filed and deposits have been made and shall transmit the final map to the County Recorder. In the case of a parcel map, the map shall be certified as complete and transmitted to the County Recorder by the County Surveyor.

(b)

If the subdivider dedicates property to the County, the County Surveyor or Clerk of the Board of Supervisors shall also prepare or cause to be prepared and forward for recording a certificate concerning the dedication as provided in Section 66477.5 of the Subdivision Map Act. Said statement shall either be on the face of the map or by separate instrument recorded concurrently with the map,

(c)

The subdivider shall present to the County Recorder evidence that the parties consenting to the filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this division or the Subdivision Map Act, as shown by the records in the office of the Recorder, or the map shall not be filed.

(d)

The County Recorder shall have ten days within which to examine a final map or parcel map and either reject or accept it for filing. If the County Recorder accepts the map for filing, the acceptance shall be certified on the face of the map. The map shall then be filed as provided in the Subdivision Map Act and other provisions of law.

(e)

The filing and recording of a final map or parcel map by the County Recorder shall automatically and finally determine the validity of the map and, when recorded, shall impart constructive notice thereof, subject only to the provisions in the Subdivision Map Act for filing a certificate of correction or an amending map as provided by Section 11.47.010, Correction and Amendment of Maps.

(Ord. No. 1624)

Corrections and amendments to final maps and parcel maps may be made in accordance with Section 11.47.010, Correction and Amendment of Maps. A public hearing may be required.

(Ord. No. 1624)

CHAPTER 11.42 - VESTING TENTATIVE MAPS

It is the purpose of this Chapter to establish procedures necessary for the implementation of Section 66498.1 of the Subdivision Map Act, and to supplement the provisions of the Subdivision Map Act and this division regarding vesting tentative maps.

(Ord. No. 1624)

(a)

Vesting tentative map—Right to file.

(1)

This Chapter shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by this division, requires the filing of a tentative map, a vesting tentative map may instead be filed, in accordance with the provisions of this Chapter.

(2)

If a subdivider does not seek the rights conferred by a vesting tentative map, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(b)

General plan consistency. No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose that is inconsistent with the General Plan and any applicable specific plan.

(c)

Development code consistency. No land shall be subdivided and developed pursuant to a vesting tentative map in such a way that is not permitted by the Development Code (this Code), except as provided in Subsection 11.42.030(d), Development Inconsistent with Zoning, of this Chapter, or as authorized by a variance, waiver, or other permit under this Code.

(d)

Subdivision ordinance applicability. Except as otherwise set forth in the provisions of this Chapter, the provisions of the Subdivision Ordinance (this division) shall apply to vesting tentative maps.

(Ord. No. 1624)

(a)

Filing and processing. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as set forth in this division for a tentative map except as hereinafter provided. At the time a vesting tentative map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map" and be accompanied by the following information:

(1)

Height, size and location of building(s).

(2)

Provide information on the proposed use of the building(s).

(3)

Sewer, water, storm drain and road details.

(4)

Detailed grading plans.

(5)

Geological studies.

(6)

Flood control information as required by the Department of Public Works.

(7)

Architectural plans as required by the Planning Department.

(8)

Any other studies deemed required by the Planning Department.

(b)

Other discretionary approvals. A subdivider shall obtain all discretionary approvals that will be required under this Code in conjunction with the approval or conditional approval of the vesting tentative map in order to construct the development including, but not limited to, general plan amendments, zoning changes, conditional use permits, variances, and design review. An application for a vesting tentative map shall be determined to be incomplete if other required discretionary permit applications have not been submitted at the same time.

(c)

Fees and charges.

(1)

Upon filing a vesting tentative map, the subdivider shall pay fees and charges required by ordinance or resolution for the filing and processing of a tentative subdivision map, or tentative parcel map, according to the type of subdivision.

(2)

Subject to the terms and conditions of any development agreement between the County and subdivider, the amount of any fee or charge imposed by the County as a condition of approval of a vesting tentative map shall be the amount of such fee or charge in effect at the time the fee or charge is required to be paid, and shall not be the amount of such fee or charge in effect on the date of vesting of the vesting tentative map.

(3)

The provisions of Subsection (2) above shall be made a condition of approval of each vesting tentative map.

(d)

Development inconsistent with zoning (effect of inconsistent zoning on vesting tentative maps). Whenever a subdivider files a vesting tentative map for a subdivision whose proposed development is inconsistent with this Code in existence at the time of filing, such inconsistency shall be noted on the map. The County may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the

necessary amendment to the Development Code to eliminate the inconsistency. If the amendment to the Development Code is obtained, the approved or conditionally approved vesting tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in the Development Code and the vesting tentative map, as approved.

(Ord. No. 1624)

(a)

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the ordinances, policies, and standards in effect at the date the application is deemed to be complete, or according to the provisions of Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall convert a vested right to proceed with development in substantial compliance with the ordinances, polices and standards in effect at the time the vesting tentative map is approved or conditionally approved.

(b)

Notwithstanding Subsection (a), a permit approval extension or entitlement may be made conditional or denied if any of the following are determined:

(1)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety.

(2)

The condition or denial is required in order to comply with both State and federal law.

(c)

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in Section 11.42.050, Expiration. If the final map is approved, these rights shall last for the following periods of time:

(1)

An initial time period of two years. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

(2)

The initial time set forth above shall be automatically extended by any time used by the County for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days, from the date a complete application is filed.

(3)

A subdivider may apply for a one-year extension at any time before the initial time period set forth expires. If the extension is denied, the subdivider may appeal that denial to the Board of Supervisors within 15 days.

(4)

If the subdivider submits a complete application for a building permit during the periods of time specified in paragraphs (1) through (3), the rights referred to herein shall continue until the expiration of that permit or any extension of that permit.

(Ord. No. 1624)

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by this division for the expiration of the approval or conditional approval of a tentative subdivision map or tentative parcel map, respectively.

(Ord. No. 1624)

CHAPTER 11.43 - REVERSIONS, MERGERS, RESUBDIVISIONS, AND LOT LINE ADJUSTMENTS

(a)

Purpose. This section establishes procedures and standards, consistent with the requirements of Section 66499.11 et seq. of the Subdivision Map Act, for the reversion of previously subdivided property to acreage.

(b)

Initiation of proceedings. Proceedings to revert subdivided property to acreage may be initiated by the Board of Supervisors or by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the CDSA Director and shall contain information deemed necessary to comply with the requirements of the Subdivision Map Act.

(c)

Contents of petition. The petition shall contain all of the following:

(1)

Evidence of title to the real property within the subdivision;

(2)

Evidence sufficient to permit the Development Review Committee or Planning Commission to make all of the findings required by Section 11.43.010(e);

(3)

A final map or parcel map in the form required by this division, which delineates dedications that will not be vacated and dedications required as a condition to reversion. Final maps or parcel maps shall be conspicuously

designated with the title, "The Purpose of this Map is a Reversion to Acreage";

(4)

Fees as required by the County toward processing and plan checking costs in accordance with Title 13 of the County Code; and

(5)

Any other information the Community Development and Services Agency may require.

(d)

Hearing. A duly-noticed public hearing shall be held by the Development Review Committee if the reversion is to be by a parcel map or by the Planning Commission if the reversion is to be by final map. Any decision of the Development Review Committee or Planning Commission may be appealed to the Board of Supervisors by any interested person as outlined in Section 11.53.150, Appeals and Calls for Review. The decision of the Board of Supervisors on appeal shall be final and conclusive.

(e)

Required findings. The Development Review Committee or Planning Commission may approve a reversion to acreage only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes and that:

(1)

All owners of an interest in the real property within the subdivision have consented to reversion; or

(2)

None of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for recording, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(3)

No lots shown on the final map or parcel map were sold within five years from the date such map was filed for recording.

(f)

Conditions. The Development Review Committee or Planning Commission shall require as conditions of the reversion that:

(1)

The owners dedicate or offer to dedicate streets, public rights-of-way or easements;

(2)

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if necessary to accomplish the purposes of this Section; and

(3)

Such other conditions as are necessary to accomplish the purposes of this Section or necessary to protect the public health, safety, or welfare.

(g)

Filing with county recorder. Upon approval of the reversion to acreage, the final map or parcel map for reversion shall be submitted to the County Surveyor for review and certification pursuant to the Subdivision Map Act. Once the County Surveyor certifies the final map or parcel map for reversion, he or she shall deliver it to the County Recorder for filing. Reversions shall be effective when the final map or parcel map is filed with the County Recorder.

(Ord. No. 1624)

(a)

Purpose. This Section establishes procedures and standards, consistent with the requirements of the Subdivision Map Act, for the merger of contiguous parcels of land that were created under the provisions of the Subdivision Map Act or any prior State law regulating the division of land.

(b)

Requirements for parcel merger, county-initiated. Pursuant to the Subdivision Map Act and the requirements of this Section, the County may initiate the merger of two or more contiguous parcels or units held by the same owner if any one of the contiguous parcels or units does not conform to the standards for minimum parcel size established by this Code, and if all the requirements of Article 1.5, Merger of Parcels, of the Subdivision Map Act are satisfied.

(c)

Requirements for parcel merger, applicant-initiated. Requirements for Parcel Merger, applicant-initiated. Property owner(s) may request and initiate proceedings for the merger of real property by submitting an application consistent with Section 11.53.020, Application Form and Fees, and the requirements of this Section and the Subdivision Map Act. Any two or more contiguous parcels in common ownership, regardless of whether they were created by map or by conveyance, may be merged so as to create one new parcel.

(1)

An application for a merger shall be processed as an application for a ministerial permit without public notice or hearing, where all of the preexisting parcels are legal lots and any existing structures will continue to comply with all zoning and development standards once merged into a single parcel; or

(2)

In all other cases, upon receipt of a complete application, the Planning Director shall process the application and schedule the matter for a hearing before the Development Review Committee. The Development Review Committee may impose those conditions, with respect to the parcel(s) which it could require for the issuance of a conditional certificate of compliance. If the request is approved, the recording of the parcel notice of merger

shall create one new parcel out of the affected existing parcels by eliminating all common lot lines that separate such parcels from each other. The notice shall also specify the names of the record owners and particularly describing the real property.

(Ord. No. 1624)

(a)

Purpose. This Section establishes procedures and standards, consistent with the requirements of the Subdivision Map Act, for the merger and resubdivision of parcels without first reverting to acreage.

(b)

Requirements for mergers and resubdivisions. Subdivided lands may be merged and resubdivided without reverting to acreage by complying with the applicable requirements for the subdivision of land as provided by the Subdivision Map Act and this Chapter.

(1)

A tentative parcel map and parcel map shall be required for resubdivisions creating four or fewer parcels. A tentative subdivision and final map shall be required for resubdivisions creating five or more parcels.

(2)

Any unused fees or deposits previously made pursuant to this Code pertaining to the property shall be credited pro rata towards any requirements for the same purposes which are applicable at the time of resubdivision.

(3)

The filing of the parcel map or final map shall constitute legal merging of the separate parcels into one parcel and the resubdivision of such parcel.

(4)

The filing of the parcel map or final map shall constitute abandonment of all public streets and public easements not shown on the map. There shall be a written notation of such abandonment listed by reference to the recording data creating said public streets or public easements. The County Surveyor shall certify such abandonments on the map.

(Ord. No. 1624)

(a)

Purpose. This Section establishes the procedures and standards for changing the boundary or boundaries between four or fewer existing adjoining parcels as provided for in Section 66412(g) of the Subdivision Map Act.

(b)

Criteria for approval of lot line adjustments. The County Surveyor shall approve a lot line adjustment, subject to certain conditions of approval pursuant to Section 66412(d) of the Subdivision Map Act, based on a determination that:

(1)

The adjustment is between four or fewer parcels and no additional parcels are created;

(2)

The adjustment is between parcels legally created in compliance with the Subdivision Map Act;

(3)

If the adjustment includes a designated Remainder Parcel from a subdivision or parcel map or a parcel created in violation of the Subdivision Map Act, a Certificate of Compliance or a Conditional Certificate of Compliance shall be required to complete the lot line adjustment, which may be processed concurrently subject to application and current fees;

(4)

The depth of a lot that is less than 330 feet wide (average) shall be not greater than three times the average width of the parcel. Nor shall such width be greater than such depth unless required for a purpose inherent with the proposed use of the lot, or physical conditions (i.e. mountain, peninsula between two roads) exist warranting such; and,

(5)

The lots proposed in the adjustment will comply with the provisions of the General Plan; any applicable specific plan; this Code; and Title X, Buildings and Construction, of the County Code.

a.

Non-conforming lots: In instances where a Lot Line Adjustment includes a lot(s) that is non-conforming as to size, width, or depth the Lot Line Adjustment will not result in creating additional non-conforming lot(s) or increase the non-conformity of an existing non-conforming lot.

(c)

Procedures. An application for a lot line adjustment shall be made to the Planning Department as outlined in Section 11.53.020, Application Form and Fees.

(1)

Within 30 days of the receipt of the application, the County Surveyor will determine if the application is deemed complete or whether additional information is necessary to determine whether the proposed adjustments meet the requirements of this Section. No Record of Survey shall be required for a lot line adjustment unless it is required by Section 8762 of the Business and Professions Code or is a condition of an accompanying Certificate of Compliance.

a.

The applicant shall submit all information necessary to determine parcels included in the lot line adjustment are legal parcels pursuant to the Subdivision Map Act.

b.

The County will not process any lot line adjustments for parcels that have Code Enforcement, Environmental Health Department or other Community Development and Services Agency liens placed on them or properties which have outstanding fees owed to the County.

(2)

An application for approval of a lot line adjustment may be subject to environmental review if the proposed lot line adjustment does not meet Subsection 11.43.040(B), Criteria for Approval of Lot Line Adjustments.

(3)

Within 30 days of the receipt of a complete application, the County Surveyor shall approve, conditionally approve, or deny the application for a lot line adjustment if the application is exempt from environmental review. If the application requires environmental review, the Planning Director shall take action in compliance with the deadlines specified in Chapter 11.54, Environmental Review and the approving authority for the Lot Line Adjustment shall be the Development Review Committee.

(4)

If the County Surveyor or Development Review Committee determines that the proposed adjustment does not meet the criteria in Subsection 11.43.040(b), Criteria for Approval of Lot Line Adjustments, the County Surveyor or Committee shall deny the adjustment and provide written notification to the applicant of the decision.

(d)

Recording with county recorder. Lot line adjustment approval will not be effective until the "Certificate of Lot Line Adjustment Approval" containing approved exhibits, and the associated documents of transfer, that shall be reflected in a deed, to affect the new resultant property boundaries and any reconveyances or modification of deeds of trust are recorded with the County Recorder.

(Ord. No. 1624)

CHAPTER 11.44 - SUBDIVISION DESIGN

The purpose of this Chapter is to provide standards for the design of subdivisions, including the design and layout of lots, blocks, and roadways within a subdivision, connections between subdivisions and adjacent uses and developments, and the preservation of natural resources.

(Ord. No. 1624)

The design of all lots in the subdivision including parcel maps shall comply with the following standards:

(1)

Every lot shall contain the minimum lot area for the zone in which it is located.

(2)

Lot lines should maintain a linear configuration without unnecessary jogs and turns to the maximum extent possible. This assists in orderly subdivision design and avoids confusion for future property owners when trying to determine the legal lot limits of their properties.

(3)

Side parcel lines shall be as close as practical to right angles to existing rights-of-way.

(4)

With the exception of small lot designs, condominiums, and non-residential maps (designed as a center, business park or campus) lots shall have a minimum street frontage as stipulated by the zone district and a minimum depth of 70 feet, measured at right angles from the street line, or as near thereto as is practicable. Cul-de-sac and interior "knuckle" lots shall have a minimum frontage of 40 feet.

(5)

For lots less than 330 feet wide (average), the depth of the lot shall be not greater than three times the average width of the parcel. Nor shall such width be greater than such depth unless required for a purpose inherent with the proposed use of the lot, or physical conditions (i.e. mountain, peninsula between two roads) exist warranting such.

(6)

Residential through lots are only permitted where access is restricted along one of the frontages excluding alleys.

(7)

When streets are proposed within the subdivision, all parcels of the subdivision shall be designed to have direct frontage on a street. Tiered or stacked parcels, served by multiple fee strips or easements, shall not be allowed.

(8)

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.

(Ord. No. 1624)

(a)

Block design.

(1)

Block length.

a.

Within valley growth boundary. For new subdivisions within the valley growth boundary, block length is limited to 450 feet. A block length up to 600 feet shall only be allowed when a mid-block pedestrian connection is provided.

b.

Outside valley growth boundary. Blocks shall be not more than 1,400 feet in length. The hearing body may approve variations of the foregoing when it finds that pre-existing improvements or physical or natural features or conditions justify such variations.

(2)

Block width. Blocks shall be of a width to contain two tiers of lots of legal and approved dimensions, except that the decision-making authority may approve variations of the foregoing when it finds that pre-existing improvements or physical or natural features or conditions justify such variations.

(3)

Block pattern, valley growth boundary. New subdivisions within the valley growth boundary shall arrange roads in an interconnected block pattern, so that local pedestrian, bicycle, and automobile traffic do not have to use arterial streets to circulate within the neighborhood.

(b)

Connection to adjacent areas. Streets shall be aligned with existing and planned arterial and collector streets in adjacent quadrants or neighborhoods.

(1)

Frequency of access. Subdivisions shall be connected to adjacent planned development areas and adjacent roadways at a minimum of 600-foot intervals. This minimum interval does not apply to development areas that are adjacent to existing or planned limited-access highways, freeways, or expressways, or other areas where physical constraints would make this level of connectivity infeasible.

(2)

Extension. The subdivision shall provide for planned access to undeveloped property adjoining the subdivision.

(c)

Pedestrian connections. Pedestrian and bicycle ways may be required:

(1)

Through the middle of blocks over 450 feet in length;

(2)

To connect dead-end streets;

(3)

To provide access to parks, schools, shopping centers, or similar facilities; and/or

(4)

To provide access to greenways, trails, or bikeways shown in the General Plan and Bikeway Master Plan.

(d)

Cul-de-sacs and temporary dead-end streets.

(1)

Valley growth boundary. Within the valley growth boundary, the maximum allowable length of a cul-de-sac is 400 feet unless an exception is approved by the hearing body.

(2)

Rural areas. Outside the valley growth boundary, the maximum length of cul-de-sacs or temporary dead-end streets shall not be more than the following:

a.

800 feet for parcels zoned for less than one acre.

b.

1,320 feet for parcels zoned for one acre to 4.99 acres.

c.

2,640 feet for parcels zoned for five acres to 19.99 acres.

d.

5,280 feet for parcels zoned for 20 acres or larger.

(3)

Turnarounds. A hammer head/T may be used in lieu of the standard cul-de-sac with approval of the Public Works Director. In subdivisions where cul-de-sacs or temporary dead-end streets are proposed, offers of dedication of additional rights-of-way may be required to allow for circulatory looped roads, but construction on the additional rights-of-way may be deferred until future development occurs.

a.

Subdivisions outside the valley growth boundary utilizing cul-de-sacs or temporary dead end streets shall construct a turnaround every 1,320 feet.

(e)

Gated developments. Gated residential developments shall be prohibited unless the hearing body makes the following findings:

(1)

Multi-modal connectivity and emergency access to and from surrounding areas will not be significantly impaired.

(2)

Emergency access can be provided consistent with the standards of the relevant fire district.

(Ord. No. 1624)

(a)

Horizontal radius. Minimum centerline curve radius for all roads within subdivisions shall be as follows:

(1)

Arterial and collector roads. As required by Highway Design Manual of the State of California to meet future design speeds.

(2)

Local roads. Minimum center line radius of 200 feet. Waiver of this requirement may be granted by the Public Works Department due to topographic conditions but in no case may the radius be less than 100 feet.

(3)

Cul-de-sacs serving up to four parcels and residential driveways. Topographic conditions shall determine the general pattern of alignment. In no instance shall the center line radius be less than 50 feet.

(b)

Vertical radius. The vertical curve alignment for all classes of roads except driveways and local roads serving up to four parcels shall conform to the design requirements of the Highway Design Manual of the State of California. Vertical curve alignment for driveways and local roads shall be as approved by the Public Works Director.

(c)

Maximum road grade. Roads should be aligned to conform to existing land contours and minimize grading to the extent feasible. The maximum road grade shall be as follows:

(1)

Arterial and collector roads: eight percent.

(2)

Local roads: 12 percent.

(3)

Local roads serving up to four parcels: 15 percent; however paving will be required when grade exceeds 12 percent.

(4)

Exceptions. The vertical grade requirements for arterial, collector and local roads may be partially waived by the Director of Public Works for good cause, but in no case shall such waivers exceed three percent. In such cases additional road structural requirements may be imposed, such as the use of asphalt concrete instead of gravel.

(d)

Driveways. Driveways shall be constructed in conformance with Yuba County Standards and Specifications and fire safe standards to access the home site within each parcel prior to the issuance of the final certificate of occupancy.

(Ord. No. 1624)

(a)

Subdivisions shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

(b)

Examples of passive or natural cooling opportunities include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

(c)

Consideration shall be given to local climate, contour, and configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

(d)

The requirements of this Section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

(e)

For the purposes of this Section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(Ord. No. 1624)

(a)

Resource protection. Sensitive habitat areas, archeological resources, and designated and potential historic resources shall be shown and identified on all tentative maps, and on any improvement and landscape plans. Such features shall be preserved as required by the Development Review Committee or Planning Commission as part of tentative map approval.

(b)

Existing trees.

(1)

All existing oak trees that have a diameter at breast height (DBH) of six inches or greater and all other trees that have a DBH of 30 inches or greater shall be shown on the tentative map or tentative parcel map with a notation as to the size, species and dripline. All trees proposed for removal shall be clearly designated.

(2)

Existing trees may be required to be preserved. In cases in which tree preservation is required, all grading and necessary tree trimming shall be conducted under the supervision of a certified arborist or registered forester reviewed and approved by the Community Development and Services Agency.

(3)

Trees within a proposed public right-of-way shall be removed only for good cause to protect the public safety or to allow the installation of adequate public facilities as may be approved by the Public Works Director.

(Ord. No. 1624)

(a)

Purpose. The purpose of the agricultural buffer requirement is to provide for the long-term viability of agricultural operations and minimize potential conflicts between agricultural uses and new, non-agricultural development and uses.

(b)

Where required. Agricultural buffers are required for new subdivisions at the edges of a rural community boundary or the valley growth boundary where they are adjacent to any agricultural district or property line of any lot used for agriculture purposes except as provided below.

(1)

Agricultural buffers are not required in areas adjacent to planned urban development shown on the General Plan Land Use Diagram.

(2)

Agricultural buffers are not required for subdivisions, or portions thereof, adjacent to existing rural residential development on parcels of five acres or less.

(c)

Buffer requirement. The size of the buffer shall be a minimum of 50 feet and may be up to 500 feet depending on crop type, agricultural practices, topography, prevalent wind and other relevant factors as determined by the Agricultural Commissioner. The buffer shall be provided and maintained on the site of the proposed subdivision.

(d)

Buffer location. The agricultural buffer shall be located:

(1)

On the property on which the subdivision is proposed.

(2)

Adjacent to the common lot line between the site of the proposed subdivision and the adjacent agriculture district or use.

(3)

Where a roadway lies between the site of the proposed subdivision and the adjacent agriculturally zoned lot, the buffer shall be located adjacent to the right-of-way, and its width may be reduced by the width of the roadway.

(e)

Use of buffers. The agricultural buffer shall incorporate vegetative or other physical barriers as determined necessary to minimize potential land use conflicts. Agricultural buffers should not be used for dwellings, structures designed for human occupancy or outdoor areas designed for intensive human use. Agricultural buffers may 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.

(f)

Buffer management plan. Agricultural buffers shall be maintained in accordance with a buffer 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 allowable uses;

(2)

Grass and brush clearing for fire fuel management, as required by site conditions and maintenance of any landscaping;

(3)

Erosion control;

(4)

Any drainage facilities, including ditches and detention basins or other infrastructure improvements including but not limited to trails, roads, or recreational amenities;

(5)

Fencing if required for the protection of resources; and

(6)

Other natural resource management activities and uses if applicable. 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.

(Ord. No. 1624)

(a)

Purpose. The rural lands of the County contain numerous resources that are critical to the character, health, safety, well-being, and viability of Yuba County, including its environment and residents. The value of rural land is recognized by the County in the General Plan, which aims to protect and preserve the resources and character of these lands. When land is subdivided, impacts occur directly to the lands and to the surrounding area. In rural lands, these impacts can have significant ramifications to the region's resources and, therefore, these lands must be planned carefully. Rural lands also tend to have the greatest risk of wildfires, and as such, human safety and defensibility should be a key focus of any subdivision. To address these concerns, the County has a number of regulations that relate to subdivisions within areas designated in the General Plan as Rural Communities and Natural Resources. Additionally, there are numerous other local and State regulations that must be complied with for the subdivision of land to be approved.

In addition to the Subdivision standards addressed in Sections 11.44.020 through 11.44.070, rural parcel maps and subdivisions shall comply with the rural lot design requirements listed below.

(b)

Resource inventory mapping. The County requires submittal of a resource inventory map for parcel map and subdivision tract map applications located outside of the valley growth boundary. The resource inventory map identifies the project site's natural features and other physical characteristics and constraints. The purpose of the resource inventory is to ensure the subdivision design takes into account the site's significant resources and to evaluate the subdivision's impacts on those resources. It is advised that this map be prepared early in the planning process since the resources identified are fundamental to the location of building pads and overall design of the map. The County will not deem an application complete until a complete and accurate resource inventory map has been submitted. The Resource Inventory Map is required to include the following and may consist of one single exhibit or a group of exhibits:

(1)

Steep slopes (those slopes equal to or greater than 25 percent grade).

(2)

All existing buildings and structures on the land.

(3)

Any known historic mining uses.

(4)

All encumbrances (easements, covenants, etc.).

(5)

Hydrologic characteristics (water courses, flow direction, storm drains, areas subject to inundation).

(6)

Biological resources map (prepared by a qualified consultant pursuant to County guidelines) or land cover on site (oak woodlands, grassland, oak savannah, wetlands, riparian areas, etc.). Biological mapping requirements are available at the CDSA public counter or can be viewed on the CDSA website.

(7)

Cultural resources. If the project area is identified as moderate to high sensitivity for prehistoric resources on the Yuba County Prehistoric Resource Sensitivity Map (General Plan Exhibit NR-6) a pedestrian survey shall be conducted and avoidance areas identified on the resource inventory map. Based on the findings of the pedestrian survey, additional technical studies may be required.

Note: All maps and overlays should be drawn to scale. An example of a resource inventory map prepared following this guidance is provided as Figure 11.44.080(b).

Figure 11.44.080(b): Resource Inventory Map

==> picture [463 x 368] intentionally omitted <==

(c)

Locating housing sites/building envelopes. The number of housing sites shall be consistent with the density for the zone district and the intended use of the land. Subdividers that wish to accommodate accessory structures and uses to a primary residence should seek out large enough building envelopes to accommodate the additional uses. Building envelopes may also be used to reduce the study area for cultural, biological, or other environmental analysis. Additional requirements include:

(1)

Locate the development in areas that avoid impacts to environmental and cultural resources. Compliance with this requirement will largely be achieved through the process of identifying areas for avoidance identified in the resource inventory map(s).

(2)

Locate and design the development in a manner that maximizes defensibility from wildland fires and accommodates all necessary fuel modification on-site. Homes and other habitable structures require areas where the vegetation can be managed in a way to reduce the fire risk to the home. These areas are referred to as fuel modification zones. These areas typically extend 30—100 feet from the structure. Defensibility is also improved by locating structures and/or home sites closer together, eliminating open space/fuel loads between homes, setting back homes from slopes, woodlands or other areas of increased fire intensity.

(3)

Minor modifications to the location of approved building envelopes may be approved by the Planning Director upon determination that the change is in substantial conformance with the tentative map approval and environmental document prepared for the project. Changes not deemed to be in substantial conformance will require approval of a tentative map modification by the Development Review Committee or in instances where the map has been recorded, preparation and adoption of an environmental assessment to address any impacts the change in the building envelop may have on the environment.

Note: All maps should be drawn to scale. An example of a Building Envelope Map prepared following this guidance is provided as Figure 11.44.080(c).

Figure 11.44.080(c): Locating Housing Sites/Building Envelopes

==> picture [463 x 323] intentionally omitted <==

(d)

Projects within the moderate, high, and very high state responsibility area (SRA). Additional submittal requirements pursuant to the Fire Risk Chapter in the General Plan Health and Safety Element (adopted September 2021):

(1)

Policy HS2.10: New developments shall provide access that will allow safe evacuation and movement of firefighting equipment during a wildfire—specifically, each new development shall not receive planning approval without having a minimum of two entry/exit points. Evacuation routes shall have the capacity to accommodate traffic in relation to the population served.

(2)

Policy HS 2.20: The County will require all new development occurring within the State Responsibility Area to prepare and submit a fire protection plan to assess and mitigate fire risks in these areas. The plan should include; 1) risk analysis; 2) fire response capabilities assessment; 3) fire safety requirements (i.e., defensible space, infrastructure, and building ignition resistance); 4) mitigation measures and design considerations for nonconforming fuel modification; 5) wildfire education strategies; and 6) plan maintenance and limitations.

(e)

Access easements. Where development is allowed pursuant to this Section and due to existing development or other site constraints access from a public or private roadway is not feasible, access easements shall be provided as specified below.

(1)

Access to no more than two rear parcels shall be over a strip of land having a width of not less than 30 feet held in fee or easement and shall be separated from the access for the front parcel.

(2)

The number of parcels served by the above easements include all parcels, both on site and off site, located along the length of the easement that depend upon the easement for access whether those parcels are improved or unimproved.

(3)

Tiered or stacked parcels, served by multiple fee strips or easements, shall not be allowed.

(Ord. No. 1624)

In addition to the subdivision standards addressed in Sections 11.44.020 through 11.44.070, parcel maps and subdivisions within the valley growth boundary shall comply with all the requirements and development standards of the Development Code, including base zoning district regulations, and any applicable design guidelines.

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

In-fill development is allowed in the RS, RM, and RH districts, where the configuration of the property prior to division does not permit division in accordance with the minimum lot dimensions and street frontage requirements of the base district standards, provided the lots after subdivision meet the minimum lot size required under the provisions of the applicable zone.

(1)

Access easements. Where infill development is allowed pursuant to this Section and due to existing development or other site constraints, access from a public roadway is not feasible, access easements shall be provided as specified below:

a.

Access to a single rear parcel for a single or two-unit dwelling (flag lot) shall be over a strip of land having a width of not less than 15 feet held in fee or easement by such rear parcel.

b.

Access serving two or more parcels or a multi-unit dwelling shall be served by a non-exclusive easement for road and utility purposes having a width of not less than 30 feet.

c.

The number of parcels served by the above easements include all parcels, both on site and off site, located along the length of the easement that depend upon the easement for access whether those parcels are improved or unimproved.

d.

Access easements for in-fill developments shall not be offered for dedication or deeded to the County.

(Ord. No. 1624)

Any of the subdivision standards imposed by this Chapter or resolutions adopted thereto may be waived by the hearing body if the hearing body finds that an alternative design substantially conforms to the intent of the standards of this Chapter and to the General Plan.

(1)

Upon approval of a planned unit development, any variation from subdivision or improvement standards that is explicitly shown within the PUD plan or any conditions of approval shall be deemed a waiver of that standard.

(2)

Upon approval of a specific plan or amendment adding a specific plan zoning district, any variation from subdivision or improvement standards that are explicitly shown or specified within the specific plan or specific plan zoning district, shall be deemed a waiver of that standard by the Board of Supervisors.

(3)

Whenever, in the opinion of the Development Review Committee or Planning Commission, the land involved in a subdivision is of such size or shape, or is affected by topographical location or condition so that it is impossible or infeasible for the subdivider to conform fully with this division, the Development Review Committee or Planning Commission may consider such modification from its requirements as is reasonably necessary. No modification shall be approved without a specific finding by the Development Review Committee or Planning Commission stating the exact reason making the strict letter of this division impossible or infeasible to observe, and a further finding that the modification is in conformity with the intent and purpose of the Subdivision Map Act and this division.

a.

A request for modification or waiver shall be filed with the subdivision application. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are

satisfied.

b.

A decision to grant a waiver or modification shall be based on the following findings:

1.

The waiver or modification is necessary due to the physical characteristics of the property, irregular property boundaries, or other unusual circumstance. Or the waiver or modification will allow for the protection of natural and/or cultural resources. In no case shall a waiver to parcel size exceed five percent of the minimum parcel size required by the zone district.

2.

There are no alternatives to the requested waiver or modification that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

3.

The granting of the requested waiver or modification would not be detrimental to the health or safety of the public or occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this Code.

(Ord. No. 1624)