(Ord. No. 765 § 2 (Exh. A) (part))

44-2.80.010 Planned Development (PD) Overlay Zone.

(a) Purpose of the Planned Development Overlay Zone. The Planned Development (PD) overlay zone is intended to provide for flexibility in the development regulations and design standards and to allow mixtures of uses and clustering of land uses that are traditionally prohibited by conventional zoning. Through this flexibility in standards, many of the objectives of the General Plan can best be achieved. The Planned Development overlay zone establishes a process for the regulation of areas suitable for comprehensive development with detailed development plans (in the form of a Planned Development) and of those areas that require special planning to provide for development in harmony with natural features and other environmental considerations. Planned Developments may be residential, commercial, or industrial and may permit mixed uses under certain circumstances, if such uses are determined to be consistent with the intent of the General Plan. The objectives of the Planned Development overlay zone are to achieve one or more of the following purposes:

(1) Permit flexibility in design and use of an individually owned property or a group of separately owned properties to allow for economy, convenience and amenity in development.

(2) Permit cluster development in appropriate locations.

(3) Allow certain uses not otherwise permitted in the zone under controlled circumstances.

(4) Encourage the provision of both on-site and off-site open space in consideration for increased density or other bonuses.

(5) Where appropriate, encourage energy efficiency, water conservation, variety in housing types, and greater public access to open space.

(b) Planned Development. A Planned Development is required in conjunction with any rezone request for a Planned Development overlay zone designation. To qualify for rezoning, projects must include developed or undeveloped property with one or more contiguous parcels totaling a minimum of two acres in size. Projects of less than two acres may be considered when determined that the development area is underutilized or problematic (e.g., infill, reuse, redevelopment) and that the surrounding area will be better served by the project.

(c) Approving Authority. The designated approving authority for a Planned Development is the Board (Table 44-1.1). A Planned Development shall be processed in accordance with the processing requirements of Article 44-1.

(d) Procedures. This process will be conducted by the Director in accordance with Section 44-1.70 (Permit Application and Review Procedures). A public hearing is required for a Planned Development.

(e) Deviations from Development Standards. The approving authority may grant requests to deviate from the development standards (e.g., minimum lot area, yard requirements, building heights), but shall not grant exceptions to the allowed land use or density of the base zoning classification that would result in a conflict with the intent of the General Plan. Physical development standards may be modified if the plan includes examples of superior design, environmental preservation and public benefit amenities, and the approving authority makes all of the required findings herein.

(1) Approval Findings. The approving authority shall make the following findings to approve a Planned Development application.

(A) The proposed project does not exceed the total density allowed under the base zoning classification or the General Plan land use designation.

(B) The proposed project is superior to development that could occur under the development standards of the base zoning classification in at least three of the following ways:

(i) Greater open space and common areas than required;

(ii) Greater landscaping than required that enhances the public street appearance (including street trees, benches, lights, special paving, water fountains, etc.) or increases landscape buffers with adjacent properties;

(iii) Superior site design. Utilization of commercial/industrial design standards to achieve a superior site design;

(iv) Superior subdivision design. Utilization of design standards to achieve a superior subdivision design;

(v) Greater connectivity to surrounding public streets, bike paths, pedestrian walkways, and public open spaces than required by zoning or subdivision regulations;

(vi) Enhanced environmental preservation by clustering development to preserve sensitive plant or wildlife habitat, biological resources, or contiguous open space;

(vii) Reduced impacts on surrounding properties, in terms of privacy, protections for adjacent agricultural operations, access to sunlight, shadow, views, building bulk, noise, or other types of negative impacts, beyond what would be achieved under existing requirements.

(C) The proposed project incorporates best site planning practices for quality design and compatibility with surroundings.

(D) The proposed project incorporates high quality architectural design and durable materials.

(E) The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of this zoning code, the general plan, or the public interest.

(f) Planned Development Overlay Designation. Planned Development overlay zones shall be delineated on the Zoning Map in a manner similar to that of any other overlay zone. The assignment of the Planned Development overlay zone designation serves to provide a reference to the corresponding Planned Development Zoning document adopted by ordinance of the Board. Applicable zoning regulations and standards applicable to the land area shall be provided in the Planned Development document.

(g) Allowed Uses. Allowed uses within a Planned Development overlay zone are those listed uses in the adopted Planned Development document. A Planned Development may reference the allowed use provisions of a concurrent base zoning classification contained in this article; however, in the event that there are conflicts between the provisions of the Planned Development and this title, the Planned Development shall prevail. Where a Planned Development does not provide a listing of allowed uses, the regulations of the base zoning classification shall prevail.

(h) Development Standards. Development standards within the Planned Development overlay zone are those standards listed in the adopted Planned Development. A Planned Development overlay zone may reference the development standards of the base zoning classification, in which case the standards of the base zoning classification shall apply. Where a Planned Development is silent regarding a countywide standard (e.g., sign regulations), the adopted standard shall apply. Where a Planned Development establishes unique standards that are in conflict with the standards of this Chapter (Zoning), the Planned Development standards shall prevail. When a Planned Development does not establish development standards, the standards for the equivalent base zoning classification shall apply as determined and formally interpreted by the Director.

(i) Planned Development Application Contents. The application for a Planned Development and a Planned Development overlay zone designation shall contain the following information:

(1) Legal description of the property.

(2) Proposed land uses showing general locations of all buildings and proposed specific uses. For residential planned unit developments, building envelopes must be designated on all lots, either by setbacks or, for larger lots, designated building areas that can be defined by dimensions shown on the plans.

(3) General circulation pattern indicating both public and private vehicular, bicycle, and pedestrian ways and parking areas.

(4) A tabulation of the total land area and percentage designated for each proposed use, as well as a tabulation of residential units by type, and square footage of commercial, industrial, and other non-residential uses by type.

(5) Delineation of development staging locations, if any.

(6) Topographic map of the property with contours in intervals of not more than five feet or as determined by the Director.

(7) If permanent open space is proposed, plans and a description of the property shall be submitted as well as a written statement by the property owner authorizing the applicant to negotiate with the County for acquisition of an easement or fee title.

(8) A preliminary report indicating provisions for storm drainage, sewage disposal, water supply, access, grading, and public utilities.

(9) A statement of provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures, and open spaces.

(10) Building elevations, architectural renderings, or other information deemed necessary by the Director. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.80.020 Energy Production (EP) Overlay Zone.

A. Purpose of the Energy Production Overlay Zone. The Energy Production (EP) overlay zone is intended to identify and designate areas suitable for the development of large-scale commercial energy facilities and to streamline the approval of such facilities. The application of the EP overlay zone should be based on the availability of resources, the location of existing or proposed infrastructure, and the potential for commercial energy facilities to be appropriately sited to effectively mitigate potential significant impacts.

B. Applicability. The EP overlay zone may be applied only within the following base zones:

a. Foothill Agriculture (F-A)

b. Exclusive Agriculture (E-A)

c. Upland Conservation (U-C)

d. Light Industrial (M-1)

e. Heavy Industrial (M-2)

f. Forest Management and Recreation (FMR)

g. Public Facilities (P-F)

The uses and standards required in the EP overlay zone shall be in addition to those of the base zone.

C. Criteria for Designation. The EP overlay zone may be applied only to property meeting all of the following designation criteria:

a. The EP overlay zone may not be applied within 500 feet of the R-R, R-1, R-2, R-3, R-4, and Mixed Use (MU) zones.

b. The EP overlay zone shall not be placed on any property under Williamson Act contract unless power generation facilities are specifically allowed under the contract.

c. The EP overlay zone shall not be placed on any parcel with a conservation or other restrictive easement unless power generation facilities are specifically allowed under the easement.

d. The EP zone may be applied on prime farmland, farmland of statewide importance, and farmland of local importance as designated by the California Department of Conservation only if the applicant can demonstrate that the farmland is marginal and cannot produce agricultural products at the average rate of other farmland in the County with the same farmland designation.

D. Permitted Uses. All uses allowed as permitted uses by the underlying primary zone with which the EP overlay zone is applied shall be permitted in the EP overlay zone in compliance with the provisions and standards of the primary zone.

In addition to the uses allowed by the underlying primary zone, the following energy facilities shall be allowed as a permitted use, subject to a minor use permit and the site planning and development standards identified in this article.

a. Exploratory wells for either low temperature or steam geothermal development;

b. Commercial steam geothermal facilities for heat and power;

c. Wind anemometers and wind electric generation facilities;

d. Commercial solar photovoltaic facilities;

e. Cogeneration and bioenergy production facilities;

f. Natural gas fired power plants;

g. Other hybrid or emerging energy technologies which in the opinion of the Director are of a similar and compatible nature to those uses described in this article;

h. Electric power transmission infrastructure, including sub-stations, generating stations, pipelines and transmission lines; and

i. Accessory uses and buildings directly related to the operation and maintenance of the electric generating facilities.

E. Performance Standards. The following performance standards apply to energy production uses within the EP overlay zone. Projects that cannot meet the following performance standards shall be elevated to a use permit.

a. Farmland protection. In the agricultural zoning classifications, the project shall be sited to minimize the loss of Important Farmlands to the greatest extent feasible. A Right to Farm Declaration and Agricultural Use Easement shall be recorded to minimize conflicts with agricultural operations. If the project is located on a site under Williamson Act Contract, the project must serve as an agricultural or compatible use listed in the Uniform Rules for the Land Conservation Act Program.

b. Aesthetics. The project shall be sited to minimize view impacts from public roads and adjacent residential areas. Any lighting shall be fully shielded, downward casting, and not result in light spillage onto off-site structures or properties, or the night sky. The operator shall maintain the facility, including all required landscaping, in compliance with the approved plans.

c. Maximum noise levels. Maximum noise levels shall meet the requirements of General Plan Table N-1. Further, maximum noise levels shall not exceed 60 dB at the property line of adjacent uses that are not in an agricultural or industrial zone.

d. Maximum daily trips. Daily trips shall not exceed 100 car or light truck vehicle trips or 70 heavy truck trips, or a combination of the two.

e. Water and sewer. Adequate capacity for provision of on-site water and sewer service shall be demonstrated to the satisfaction of the Director where the project will not connect to public water and/or wastewater infrastructure.

f. Flood management. Development shall comply with Chapter 33 (Flood Damage Prevention). Improvements located within the 100-year floodplain, such as solar panels and wind turbines, shall be built in accordance with best practices and shall be flood-resistant or shall incorporate methods to minimize flood damage, such as being adequately anchored to prevent flotation or collapse, constructed with flood resistant materials below the base flood elevation, and be designed or located such that floodwater is prevented from entering or accumulating in the components that are not flood resistant during flooding events.

g. Drainage. There shall be no net increase in off-site drainage flows, including peak flows during a storm event.

h. Roadway and access improvements. The project shall demonstrate adequate roadway and access improvements consistent with County standards to accommodate the maximum daily trips to the satisfaction of the Director of Public Works.

i. Fire protection. The project shall demonstrate adequate fire protection measures to the satisfaction of the Chief Building Official.

j. Biological resources protection. The project shall not be sited within designated sensitive biological resource areas, including wetlands, streams, threatened or endangered species habitat areas and/or habitat connectivity corridors. (Ord. No. 765 § 2 (Exh. A) (part))

44-2.80.030 Small Residential Agricultural Parcel (SRAP) Overlay Zone.

(a) Purpose. The Small Residential Agricultural (SRAP) overlay zone is intended to provide for the limited development of single-family residential uses on smaller than normally allowed agriculturally zoned parcels through density clustering and standards to protect the surrounding agricultural resources. Through these requirements, the applicable objectives of the General Plan can be achieved. The objectives of the SRAP overlay zone are to achieve the following purposes:

(1) Permit flexibility in the establishment of a limited number of single-family uses on smaller than normally allowed agricultural parcels to preserve existing historic homes and to allow the sale of existing homes to support the continuation of existing agricultural activities through ownership or economic support;

(2) Maintain the overall residential density of a legal, conforming agricultural parcel by restricting residential use to a portion of the parcel; and

(3) Ensure that the rezoning overlay process considers the potential impacts to adjacent and nearby agricultural uses to ensure that agricultural operations are not negatively impacted.

(b) Parcel or Tentative Subdivision Map. A parcel or tentative subdivision map shall be processed in conjunction with any SRAP rezoning application request. The map shall define the parcel that is to be designated for the single-family use and define the parcel where a single-family use would be restricted. The approval of the parcel or tentative subdivision map by the planning commission shall be conditioned upon the approval of the SRAP overlay rezoning application by the board of supervisors. Should the planning commission not recommend the approval of an SRAP overlay rezoning application, the commission shall deny the approval of the accompanying map application.

(c) Development Standards. The following standards shall apply to the approval of a parcel or tentative subdivision map and SRAP rezoning application:

(1) The single-family parcel shall be the smallest size required to support the necessary water and septic systems and access in a logical and reasonable configuration, typically two to three acres. The larger, nonresidential agricultural parcel together with the single-family parcel shall equal or exceed the minimum parcel size for the underlining agricultural zoning district;

(2) An existing habitable home is located on the small single-family parcel that is at least twenty years old;

(3) Any future reconstruction or remodeling of the existing home shall be consistent and complimentary to the existing architectural style of the existing home to the satisfaction of the community development director. Should the community development director determine that any changes would be a substantial deviation, such as increasing the size of the home by over twenty-five percent or changing the architectural style, the director may refer the change to the planning commission for review and approval.

(d) Uses. Uses on parcels with the SRAP overlay zoning designation shall be subject to those uses of the underlying zoning district amended as follows:

(1) Uses within the small residential agricultural parcel shall be limited to a single-family home as detailed in the Residential Uses section of Table 44-2.20-2: Allowed Uses in the Agricultural Zones. Accessory uses that are customary and incidental to the single-family use may be allowed by the community development director.

(2) Uses within the larger, resultant agricultural parcel shall be limited to the uses defined in Table 44-2.20-2: Allowed Uses in the Agricultural Zones excluding those uses listed under the Residential Uses and Community and Recreational Uses sections of said table.

(e) Findings. The planning commission and the board of supervisors shall make the following findings in approving any SRAP overlay rezoning application:

(1) The proposed small residential agricultural parcel combined with the larger, resultant agricultural parcel does not exceed the total residential density allowed under the base zoning classification or the General Plan land use designation;

(2) The property involved with the overlay rezoning application is currently engaged in commercial agricultural activities;

(3) Adequate provisions have been made for sewer and water services and vehicular access;

(4) The applicant has submitted detailed information describing how the residential use of the small, residential agricultural parcel will not impact the continued agricultural use of the larger, resultant agricultural parcel or the agriculture activities in the surrounding area, or cause a proliferation of applications for small, residential agricultural parcels;

(5) The applicant has submitted detailed information describing the justification to create the small residential agricultural parcel in order to preserve an existing residence, to provide housing that will be used to support the existing agricultural activities, or other types of justification that support the creation of the small, residential agricultural parcel;

(6) Should the property be subject to a Williamson Act contract, a nonrenewal application for the small residential parcel has been submitted as part of the parcel or tentative subdivision map application and that a condition of approval of the map has been included which requires that the area of the small residential parcel be nonrenewed from the existing Williamson Act contract prior to recordation of the parcel or final subdivision map; and

(7) The proposed project shall not be substantially detrimental to adjacent property and will not materially impair the purposes of the agricultural provisions of the General Plan and the County Code, or negatively impact the public interest.

(f) Residential-Agricultural Overlay Designation. The SRAP overlay zoning designation shall be delineated on the zoning map in a manner similar to that of any other overlay zone. The assignment of the SRAP overlay zone designation serves to provide a reference to the corresponding overlay rezoning adopted by ordinance of the board of supervisors.

(g) Procedures. The overlay rezoning review and approval process will be conducted by the community development director or his/her designee in accordance with section 44-1.70 (Permit application and review procedures).

(h) Appeals. A decision of the community development director may be appealed to the planning commission and a decision of the planning commission may be appealed to the board of supervisors in accordance with section 44-1.80.080 (Appeals).

(i) Deviations From Development Standards. The approving authority may grant requests to deviate from the standards and requirements described herein for unique circumstances provided that the intent of these requirements are still achieved.

(j) Filing Fees. Filing fees shall be the same as other rezoning applications and the applicant shall pay for the cost of the required public hearing notices prior to recordation of any parcel or final subdivision map. (Ord. No. 831 § 2 (Exh. A))