In those land use zones where the “adult entertainment” businesses regulated by this chapter would otherwise be permitted uses, such businesses shall be permitted only upon the securing of a use permit. It shall be unlawful to establish any such “adult entertainment” business if the location is:

1. Within five hundred feet of any area zoned for residential use; or
2. Within one thousand feet of any other “adult entertainment” business; or
3. Within one thousand feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization or any establishment likely to be used by minors.

The “establishment” of any “adult entertainment” business shall include the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any “adult entertainment” business use. (Ord. 1183 § 2, 2006)

Any property owner or his or her authorized agent may apply to the planning commission for a waiver of any locational provisions contained in this chapter. The planning commission, after a hearing, may waive any locational provision, if all of the following findings are made:

1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed; and
2. The proposed use will not enlarge or encourage the development of a “skid row” area; and
3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation;
4. All applicable regulations of the codes and ordinances of the county will be observed. (Ord. 1269 § 10, 2018; Ord. 1183 § 2, 2006)

1. An agricultural processing operation shall be located a minimum of at least five hundred feet from any residence located on an adjacent parcel.
2. No hazardous materials other than for incidental use shall be used for the operation.
3. An agricultural processing operation shall be set back at least one hundred feet from the county or state road right-of-way.
4. All agricultural processing facility development shall require an encroachment permit from the county public works department. Driveways shall be paved according to county standards.
5. All parking and loading shall remain on-site and not in county or state road right-of-way.
6. A use permit shall be required for an agricultural processing operation if the county air pollution control officer determines that the potential exists for smoke, light, dust, glare or odor beyond the property line; or if the county sanitarian determines that the potential exists for flies, vermin or other health hazards to cross the property line.
7. A use permit shall be required for an agricultural processing facility if noise levels exceed sixty-five dBA at the property line between seven a.m. and ten p.m. and/or noise levels exceed sixty dBA between ten p.m. and seven a.m. (Ord. 1183 § 2, 2006)

This Chapter contains the County of Glenn’s (County) review procedures for an applicant securing a license from the California Department of Alcoholic Beverage Control (ABC) (Ord. 1282 § 2, 2019)

State law requires a local jurisdiction to make a “public convenience or necessity” determination before ABC will issue a liquor license. (See Division 9 of the State Business and Professions Code for specific State Requirements and definitions regarding alcoholic beverage control 23958, 23958.4 and 23817.7 of that code specifically address State licensing requirements). (Ord. 1282 § 2, 2019)

1. Action by Director or Planning Commission
   1. The Director shall review and process upon a request for a letter of “public convenience or necessity (PCN)” when it is required from the local jurisdiction by ABC.
   2. The request shall be referred to the Planning Commission for action.
   3. Requests to appeal the Planning Commission actions shall be filed in compliance with Glenn County Code Section 15.050 (Appeals)
2. Procedure. Staff shall review and notice prior to a public hearing.
3. Review Authority. The review authority shall belong to the Planning Commission.
4. Notification of license request. The applicant who has been required by ABC to obtain from the County a letter of PCN must provide notice to owners and occupants of properties located within 1,000 feet of the exterior parcel boundaries of the proposed establishment. The text of the notice shall be in compliance with the guidelines provided. Such notice shall be given by:
   1. Sign. A sign of at least 16 square feet, posted in a conspicuous location on the site of the proposed alcohol sales establishment but not within the clear site triangle of any driveway or intersection. No action shall take until the sign has been in place for 14 consecutive days. The sign must be removed within 14 days of final action by the County.
   2. Mail. Notice of application may be mailed when the applicant can prove that surrounding property owners and occupants will be as likely to be notified of the application as if by the posting of a sign. The applicant shall provide proof of mailing, and the Department shall take no action until 19 days after such mailing.
5. Finding Required. Before issuing a letter of PCN for an ABC license, the review authority shall find that the following is true:
   1. A public convenience or necessity will be served by the granting of the license. (Ord. 1282, 2019)

If a revenue source of the establishment consists of the sale of alcoholic beverages, including but not limited to: a bar, tavern, nightclub, cocktail lounge, liquor store, convenience store, restaurant with bar, restaurant, cafe, diner, winery with tasting room, brewery with tap room, tasting room, tap room, motel, bowling alley, food and beverage service and concession facilities, entertainment facilities, or any facility that has on-site sale of alcoholic beverages, or the ABC has determined that the business will exceed census tract concentration thresholds and requires a letter of PCN, then the proposed business shall be required to obtain a Conditional Use Permit approving the PCN, in order to sell alcoholic beverages in the County. An applicant shall be required to apply for, and receive an approved Conditional Use Permit, and if necessary a letter of PCN, from the Glenn County Planning Commission. The applicant shall work with the Department to file the appropriate application and current Conditional Use Permit fee. (Ord 1282; 2019)

When lawfully permitted, automobile wrecking yards and junkyards shall comply with the standards and regulations set forth in this chapter. Any requirements set forth in this chapter are in addition to and not inclusive of or in derogation of any other regulations and standards that apply to such activities. (Ord. 1183 § 2, 2006)

1. If any business or establishment referred to in Section 15.75.010 of this chapter is located in whole or in part in a yard, enclosure, lot or open area, the premises shall be completely surrounded and enclosed by a wall, fence or barrier and so constructed as to be a continuous sight barrier, except for necessary openings. All junk such as rags, sacks, bottles, cans, papers and metal and all other articles including automobile parts shall be kept and stored behind the wall, fence or barrier. The wall, fence or barrier shall be continuously kept and maintained in the condition required by this section.
   The wall, fence or barrier shall extend above the ground for at least six feet and shall be constructed of chain-link type fencing with slats or other sight obstructions, or of an alternate type of wall, fence or barrier using standard materials and construction methods of a type approved by the planning commission. All fences shall be continuously maintained.
   Any and all necessary openings in the fence, wall or barrier shall be provided with suitable gates or doors constructed of the same material and in the same manner of construction as is authorized by this chapter as suitable and sufficient for a fence, wall or barrier under this section. No opening shall in any single instance exceed twenty-four feet in width. The gate or door shall be kept closed at all times except when in actual use for the purpose of ingress or egress.
   Public street or road frontage sides shall be a minimum of eight feet above the ground and of continuous single construction design, using standard materials and construction methods to assure a continuous sight barrier of uniform height, material and type of construction.
2. It is unlawful for any person to permit any business or establishment referred to and described in this chapter to be established, conducted, carried on, or maintained unless the premises has been enclosed by wall, fence or barrier in the manner prescribed in this section and continuously maintained in such condition. Each day’s violation of the requirements declared and established by this provision is and constitutes a separate and distinct violation and offense.
3. Fences must conform to the county setback requirements. (Ord. 1183 § 2, 2006)

If any business or establishment referred to in Section 15.75.010 of this chapter is located in whole or in part in a yard, enclosure, lot or open area, the premises and area shall be kept clean and free from rubbish and similar loose material that might service as a harborage for rats, mice or other rodents, and all loose metal or parts or accessories of automobiles, and all other material kept, stored or accumulated in such place shall be neatly and carefully piled in a manner as to minimize and prevent as far as possible the harboring of rodents and shall be suitably protected from water and the elements so that there can be no accumulation of water in any article or thing located on the premises. (Ord. 1183 § 2, 2006)

Bed and breakfast establishments may be permitted in the RZ, FA, AP, AE, RE and R-1 zones provided the following requirements are met:

1. An administrative permit is obtained from the planning authority for establishments located in zones in which a minimum of five acres per parcel are allowed;
2. A conditional use permit is obtained from the planning commission for establishments located in zones allowing parcel sizes of less than five acres;
3. Not more than one bed and breakfast establishment shall be permitted on each parcel of land;
4. An owner or operator of the establishment shall reside within the establishment;
5. One detached or attached sign with a maximum allowable sign area of twelve square feet is permitted;
6. A minimum of one parking space per guestroom shall be provided;
7. Proper permits are obtained from the Glenn County health department prior to occupancy. (Ord. 1183 § 2, 2006)

An administrative permit for the collection of a specified number of antique or hobby accumulation vehicles provided the following standards are met:

1. An administrative collector’s use shall be a residential accessory use in the “RE” zoning district;
2. All outdoor storage shall be completely screened to a height of six feet by a solid wood or masonry fence when not completely enclosed in a building. All fences and/or buildings shall be continuously maintained;
3. There shall be no outdoor storage in any required yard area;
4. Storage shall only occur in those areas shown on the approved plot plan;
5. All requirements of the fire marshal shall be met. The property shall be kept in a weed-free condition;
6. A conditional use permit shall be required for automobile collectors of six or more accumulation vehicles;
7. A use permit shall be required for collectors of antique or hobby accumulation vehicles on parcels smaller than two acres or when the standards of an administrative collector’s permit cannot be met;
8. In all cases, the administrative collector permit shall not be issued or held for the purposes of conducting a business. (Ord. 1183 § 2, 2006)

1. The purpose of these regulations is to establish development standards and limitations for the operation and maintenance of home occupations in Glenn County. Home Occupations shall mean any use customarily conducted entirely within a building or screened from public view and carried on by the owners and occupants of the residence thereof.
2. This use shall be incidental and secondary to the residential use and does not change the character thereof or shall not adversely affect the uses permitted in the same zone of which it is a part, but would require a conditional use permit. (Ord. 1183 § 2, 2006)

Home occupations may be permitted in the “RZ”, “FA”, “AP”, “AE”, “AT”, “RE”, “RE-NW”, “R1” and “RM” zones providing the following standards are being met:

1. A Home Occupation Permit Application shall be submitted to the planning authority;
2. No person other than members of the family residing on the premises shall be engaged in such occupation when it is located in a Residential Zone. A maximum of two employees may be employed when the use is located in an agricultural zone;
3. Not more than twenty-five (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
4. A Conditional Use Permit shall be required for home occupations on parcels less than ten acres in size when the use will be located in a building other than the primary residential structure;
5. An Administrative Permit and a Site Plan Review shall be obtained from the planning authority for home occupations on parcels of ten acres or more in size when the use will be located in a building other than the primary residential structure;
6. The home occupation may be conducted in a detached accessory building;
7. 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;
8. 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 if the occupation is conducted in a single family residence or outside the dwelling unit if conducted in other than a single family residence. In the case of electrical interference, no equipment or process shall be used which creates a visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in the line voltage off the premises;
9. 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;
10. 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 stored entirely within a building or structure. Such vehicle shall not have more than two axles;
11. 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 zone;
12. There shall be complete conformity with fire, building, plumbing, electrical and health codes and to all federal, state and County laws or ordinances;
13. The sale of merchandise on the subject lot shall be directly related to and incidental to the home occupation. Retail sales of products not produced or processed on the premises shall be prohibited;
14. All equipment and materials storage areas adjacent or in any residential zone shall be screened by walls, fences, or landscaping to a height of at least six (6) feet;
15. Hours of operation shall be limited so as not to interfere with the character of the neighborhood and shall be set by the director. Hours of operation in a Residential Zone shall be between 8:00 A.M. and 5:00 P.M. Monday through Friday. Hours of operation in an Agricultural Zone shall be between 7:00 A.M. and 7:00 P.M. seven days per week;
16. One on-site sign is permitted advertising the home occupation, not to exceed two (2) square feet in total aggregate area. No lighted signs are allowed;
17. Only those buildings or parking areas as specifically approved may be utilized in the conduct of the home occupation;
18. A minimum of one (1) parking space shall be provided for any home occupation requiring customers to visit the site in addition of the parking requirements of the principal residence;
19. The applicant for a home occupation shall submit evidence that the proposed operation meets the requirements of the Glenn County Health Department at the time the application is submitted to the planning authority;
20. The director, or his or her representative, shall have the right to inspect the premises at any time in order to insure compliance with this Code and with the Conditions of Approval;
21. The home occupation shall conform with the development standards in the applicable zoning district and all other requirements of the Glenn County Code and State and Federal Laws;
22. All uses shall be enclosed within a building or completely screened from public view;
23. The building for the home occupation and the residential dwelling, together, shall not exceed the maximum lot coverage allowed in the General Plan for the land use designation;
24. The number of customers coming to a home occupation shall be limited to five (5) per day;
25. That no home occupation permit shall be issued for automobile, truck, or heavy equipment repair. This type of business as determined by the director shall be permitted only in the individual zoning districts where it is allowed;
26. Owners of home occupations are notified that if the business grows and cannot meet the requirements of this code section in the future they may have to apply for a Conditional Use Permit for the business or may have to relocate the business to a zone where it is permitted depending on the regulations of the individual zoning district. (Ord. 1269 § 10, 2018; Ord. 1183 § 2, 2006)

Notwithstanding any other provision of the County Code new construction for a livestock operation shall meet the following minimum setbacks from all county road and/or state highway rights-of-way:

1. Milk barns: 45 feet from edge of right-of-way.
2. Holding pens, housing barns, manure ponds and animal confinement areas: one hundred feet from edge of right-of-way.
3. Confined animal and manure handling facilities for livestock operations shall be located at least five hundred feet from any residential zoning district and five hundred feet from any school or high occupancy structures on neighboring parcels in any zoning district.
4. The use, storage, and disposal of hazardous materials shall meet all county, state, and federal regulations.
5. An encroachment permit shall be required from the Glenn County Public Works Department prior to any work in a county road right-of-way. An encroachment permit shall be required from Caltrans prior to any work in a state highway right-of-way.
6. The construction and operation of a livestock operation shall conform to all applicable state and county codes including but not limited to the following:
7. A building permit shall be secured from the Glenn County Building Department prior to any construction at the site.
8. The Glenn County Health Department shall approve the location and design of all wells and on-site sewage disposal systems.
9. A land leveling permit shall be applied for and received from the Glenn County Public Works Department prior to the grading of any land, where the grading exceeds five (5) acres in size and will result in cuts or fills of greater than two (2) feet, a redirection of runoff from the site onto a county road or a change in the entrance or exit of runoff from the parcel. A grading and drainage plan shall accompany all land leveling permit applications and any inquiries as to the applicability of this section to the proposed project.
10. All trash, discarded materials, animal remains shall be screened from adjacent properties and county and/or state rights-of-way and shall be disposed of according to the applicable codes.
11. Disposal of manure shall meet State of California Central Valley Regional Water Quality Control Board Standards. Verification of submission of an application for a waste discharge permit is required; final State approval of plans will be a condition for issuance of a building permit.
12. Best management practices shall be applied to the animal confinement, manure ponds, holding and animal housing pens to prevent a nuisance caused by fly and/or mosquito breeding, dust and/or odors.
13. Farm labor quarters consisting of one mobile home or residence meeting the requirements of Section 15.590 of the Glenn County code shall be permitted upon first securing an administrative permit.
14. Farm labor camps (consisting of mobile homes and/or conventional homes) shall be permitted upon first securing a conditional use permit in the “FA” (Foothill Agriculture). “AP” (Agricultural Preserve), and “AE” (Exclusive Agricultural) zoning districts. Mobile home parks and farm labor camps consisting of mobile homes shall also meet requirements of the State Department of Housing and Community Development Division of Codes and Standards.
15. A conditional use permit shall be required for dairies that exceed one (1) cow per 20,000 square feet of area in the “RE” (Rural Residential Estate) zoning district. Dairies in the “RE” district exceeding 30 cows shall be required to obtain a conditional use permit.
16. Reactivation of existing livestock operation or dairy facilities shall be permitted in accordance with these performance standards.
17. Prior to the issuance of a building permit for a new livestock operation or dairy, the applicant shall enter into an agreement with the County of Glenn to improve the existing county maintained road from the main entrance of the livestock operation or dairy to the nearest county road having a paved surface at least 24 feet wide, in accordance with Standard Drawing No. RS 6, except that a double chip seal shall be allowed instead of asphalt concrete. The maximum length of roadway improved as a result of this paragraph shall not exceed one (1) mile. The cost of any improvements required as a result of this paragraph shall be borne equally by both the dairy and the County. The Public Works Director may grant a waiver to the requirements of this paragraph upon receiving a written request from the applicant.
18. Livestock operations or dairies shall conform to all applicable County, State and Federal codes and requirements including but not limited to Chapter 20.08 of the Glenn County Code, Water Well Drilling Permits and Standards, and the State of California Central Valley Regional Water Quality control Board. (Ord. 1183 § 2, 2006)

1. The purpose of the regulations and provisions of this chapter shall be to provide the County with the maximum control, consistent with such other laws, over major electrical transmission and distribution projects and to insure that new transmission line construction is minimized, that new lines are efficiently located when needed, that all feasible alternatives have been exhausted, and that all impacts of the project are disclosed.
2. Notwithstanding the provisions of Division 3, all major electrical transmission and distribution projects shall comply with this chapter. (Ord. 1221 § 2, 2010)

All major electrical transmission and distribution projects are required to secure a conditional use permit in accordance with Chapter 15.22 except that the board of supervisors shall be the approving authority. (Ord. 1221 § 2, 2010)

1. Applications for a conditional use permit shall be filed as required by Chapter 15.09. In addition to this information, the applicant shall also include the following:
   1. A description of a reasonable range of alternatives to the proposed project, including alternatives that use or expand existing rights-of-way; and
   2. All application materials (maps, site plans, etc.) necessary to illustrate the proposed location of the proposed facilities and all alternative locations; and
   3. A photo simulation of the proposed project and each alternative from at least six locations along its route in the County. Additional locations shall be provided if the Director deems necessary to illustrate the scope of the project. Each location shall include simulated views of project facilities from four directions (north, south, east, and west) and;
   4. A narrative explanation of the route of the proposed project and each alternative, together with a discussion of any alternative locations and project alternatives considered by the applicant but not formally included for County consideration; and
   5. For the proposed project and each alternative, all of the following:
      1. Estimated cost, including construction, land acquisition, and other development costs;
      2. A description of the type of vegetation and soils that would be removed or impacted by construction;
      3. A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, and parklands located within a 2,000 foot wide corridor of project infrastructure;
      4. An analysis of the audible noise and lighting impacts of the proposal, together with any other studies reasonably necessary for the County to perform its duties as a lead or responsible agency in connection with the environmental review of the project; and
      5. An analysis of the potential adverse human health effects of the project on those present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project. The analysis shall use the best available scientific information at the time it is conducted.
      6. An analysis of potential economic impacts on agriculture and related support industries. The Director may also require an analysis of potential economic impacts on other relevant matters.
2. In addition to the application fee required by Section 15.09.010, the project applicant shall reimburse all County costs associated with reviewing the application which are not covered by the prescribed fee. In the event that the County is required to review a proposed transmission corridor zone pursuant to California Government Code Section 25334 or other provisions of law, such costs shall also be reimbursed by the project applicant. (Ord. 1221 § 2, 2010)

Included with the filed application for a use permit in connection with a major electrical transmission and distribution project, the applicant shall provide the County with copies of all applications for state, federal, and other permits and licenses in connection with the proposed project. Promptly following the issuance of any state or federal permits or licenses, biological opinions, records of decision, memoranda of understanding, exemptions, variances, or similar authorizations or approvals related to the proposed project, the applicant shall provide copies of those documents to the County. (Ord. 1221 § 2, 2010)

For all major electrical transmission and distribution projects that traverse a significant portion of the County, and whose impacts are not likely to be isolated to a small geographic area, the Director may require the applicant to present the application to interested members of the public at one or more public meetings to be arranged by the applicant. Such meetings shall be in addition to any hearings on the permit application held by the planning commission and the board of supervisors. The Director and the applicant shall, if requested by the Director, develop a mutually acceptable public outreach program that includes such meeting(s) and any similar public outreach efforts to be undertaken by the applicant. (Ord. 1221 § 2, 2010)

A conditional use permit for such projects may only be approved if all of the following findings are made based on substantial evidence in the record in addition to those required by Section 15.22.020:

1. The proposed project is consistent with any applicable policies in the General Plan and any applicable specific plan(s).
2. There is a demonstrated need for the proposed project;
3. To the greatest feasible (as that term is defined in Public Utilities Code Section 12808.5) extent, the project utilizes existing infrastructure and rights-of-way or, alternatively, expands existing rights-of-way, in that order of preference;
4. There are no feasible alternatives that are superior to the proposed project, taking into consideration and balancing the considerations set forth in this Section;
5. The proposed project would not have adverse human health effects, particularly with respect to individuals present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project;
6. To the greatest feasible extent, the proposed project does not have a significant adverse effect on the environment, agriculture, existing land uses and activities, areas with significant scenic qualities, or other relevant considerations of public health, safety, or welfare;
7. To the greatest feasible extent, the proposed project avoids lands preserved by the County for public park purposes;
8. To the greatest feasible extent, the proposed project avoids lands preserved by a conservation easement or similar deed restriction for agricultural, habitat, or other purposes. The board of supervisors may waive this requirement if the applicant provides documentation that the project does not conflict with the conservation easement or deed restriction, or that the conservation easement or deed restriction was provided as mitigation for the impacts of a prior development project. However, it shall only be amended or extinguished if adequate substitute mitigation is provided by the applicant;
9. The proposed project complies with all laws, regulations, and rules regarding airport safety conditions and similar matters, and will not require a significant change in the operations of a public or private airport in the County, create an undue hazard for aircraft, or substantially hinder aerial spraying operations;
10. To the greatest feasible extent, operations of the proposed project would not create conditions that unduly reduce or interfere with public or private television, radio, telemetry, or other electromagnetic communications signals; and
11. The applicant has agreed to conduct all roadwork and other site development work in compliance with all laws, regulations, and rules relating to dust control, air quality, erosion, and sediment control, as well as any permits issued pursuant thereto. (Ord. 1221 § 2, 2010)

It is the intent and purpose of this Chapter to implement State law by providing a means for regulating the cultivation, selling, distributing, dispensing, manufacturing or testing of cannabis in a manner consistent with State law and which balances the health, safety, and welfare of the residents and businesses within the unincorporated territory of the County of Glenn. This Chapter is intended to be consistent with California’s medical cannabis laws and the Adult Use of Cannabis Act, and represents an exercise of the local authority retained by the County of Glenn under those laws. (Ord. 1288 §5, 2020 Ord. 1278§ 9, 2019; Ord. 1275, 2019; Ord. 1261 § 6 & 7, 2017; Ord. 1233 § 2, 2012;)

1. Subject only to the exemptions in this ordinance and to the fullest extent allowed by state law, the following uses are prohibited in all zoning districts of the County:
   1. The cultivation of cannabis.
   2. The delivery of cannabis.
   3. The establishment or operation of a location, facility, or business, that sells, distributes, dispenses, manufacturers, or tests cannabis.
   4. The establishment, development, construction, maintenance, operation, or enlargement of any cannabis dispensary or retailer for medical or non-medical purposes or any collective and/or cooperative, as these terms are defined herein. (Ord. 1288 §6, 2020; Ord. 1278§ 11, 2019; Ord. 1275, 2019; Ord. 1261 § 8 & 9, 2017; Ord. 1233 § 2, 2012)

1. Six or fewer cannabis plants may be cultivated indoors at a residence if all of the following conditions are met:
   1. The residence, and all lighting, plumbing, and electrical components used for cultivation, must comply with all applicable zoning, building, electrical, and plumbing codes and permitting requirements.
   2. All living cannabis plants, and all cannabis in excess of 28.5 grams produced by those plants, must be kept in a locked room and may not be visible from an adjacent property, right-of-way, street, sidewalk, or other place accessible to the public.
   3. The residence must be lawfully occupied. If the residence is not owner-occupied, written permission from the owner of the residence must be obtained before cannabis may be cultivated.
   4. No cannabis plants may be cultivated outdoors.
   5. The cannabis plants, and all cannabis produced by the plants, shall be for the personal use of the cultivator only, and not for sale, provided that such cannabis and cannabis plants may be given away to persons 21 years of age or older without any compensation whatsoever in accordance with Health and Safety Code section 11362.1, subdivision (a)(2)
2. It is not a violation of this ordinance for any person employed by a licensed cannabis delivery service to travel on a public road within the unincorporated area of the County for the purposes of delivering cannabis to persons located in a city or county where the delivery of cannabis is not prohibited. (Ord. 1288 §7, 2020; Ord. 1278§ 13, 2019; Ord 1275, 2019; Ord. 1261 § 10 & 11, 2017; Ord. 1233 § 2, 2012,)

Any violation of any provision of this chapter shall be, and is hereby declared, a public nuisance and may be abated by the Glenn County Sheriff and/or the Planning and Community Services Agency Director as such. (Ord. 1288 §8, 2020; Ord. 1233 § 2, 2012)

1. The County Sheriff may, at his/her discretion, abate any violation of this Chapter by the prosecution of a civil action, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this Chapter or requiring compliance with other terms. No provision of this chapter shall be deemed a defense or immunity to any action brought against any person.
2. The Planning and Community Services Agency Director may, at his/her discretion, abate any violation of this Chapter in accordance with the provisions of Chapter 1.15 (Public Nuisance Abatement) of this code. (Ord. 1288 §9, 2020; Ord. 1233 § 2, 2012)

Pursuant to Article XI, section 7, of the California Constitution, the County of Glenn (“County”) may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens. It is the purpose and intent of this Ordinance to establish standards, requirements, and regulations governing industrial hemp cultivation. Further, it is the purpose and intent of this chapter to impose reasonable land use regulations to protect the County’s residents, neighborhoods, businesses, and the environment from disproportionately negative impacts caused by industrial hemp cultivation, and to enforce rules and regulations consistent with state and federal law. The provisions of this chapter are in addition to any other permits, licenses and approvals which may be required to conduct business in the County, and are in addition to any permits, licenses and approval required under state, County, or other law. (Ord. 1289, 2020; Ord 1279, 2019; Ord 1276, 2019)

For the purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise. If a word is not defined in this chapter, the common and ordinary meaning of the word shall apply. All citations to state law shall refer to the act, statute, or regulations as may be amended from time to time.

1. “Cultivation” shall include any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of hemp.
2. “Established agricultural research institution” is an institution of higher education, as defined in Section 101 of the federal Higher Education Act of 1965 (20 U.S.C Sec. 1001), that grows or cultivates industrial hemp for purposes of research conducted under an agricultural pilot program or other agricultural or academic research in accordance with Section 7606 of the Federal Agricultural Act of 2014 (7 U.S.C. Sec. 5940) or is otherwise approved by the California Secretary of Food and Agriculture.
3. “Hemp” shall have the same meaning as “industrial hemp” set forth below.
4. “Industrial hemp” has the same meaning as that term as defined in section 11018.5 of the Health and Safety Code. That section defines industrial hemp as “a crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent (0.3%) tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.”
5. “Nursery stock” shall have the meaning set forth in Food and Agricultural Code section 5005.
6. “Person” includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, including an established agricultural research institution, or any other group or entity, or combination acting as a unit. Except where otherwise indicated by context, the singular shall include the plural, and vice versa.
7. “Sensitive receptor” is a facility or land use that serves or attracts members of a population who are particularly sensitive to the effects of air pollutants or strong odors, such as children, the elderly, and people with illnesses. Examples of sensitive receptors include hospitals, schools, and parks.
8. “Transplant” is a cultivated hemp plant grown from seed or cutting in soil or individual containers for less than eight (8) weeks that does not exceed a height of eight (8) inches. (Ord 1289, 2020; Ord 1279, 2019, Ord 1276, 2019)

The Sheriff, the Agricultural Commissioner, and/or the Planning and Community Development Services Agency Director, or their respective designees, are charged with the responsibility of administering, and exercising the authority conferred under, this chapter. (Ord 1289, 2020; Ord 1279, 2019, Ord 1276, 2019)

No person shall cultivate industrial hemp in the unincorporated areas of Glenn County without first obtaining a license issued by the Agricultural Commissioner to cultivate as provided in this chapter. A license for cultivation may be issued to an established agricultural research institution only if it meets the definition of established agricultural research institution stated in section 15.798.020 of this chapter. A license issued under this chapter does not grant any interest in real property or create any interest of value and is not transferable. (Ord 1289, 2020; Ord 1279, 2019, Ord 1276, 2019)

A license for the cultivation of industrial hemp may be issued only if each of the following requirements are met:

1. Applicants shall submit an application in accordance with the application process established by the Agricultural Commissioner. A single license may be issued for multiple parcels.
2. An applicant shall be the deed holder of the land upon which hemp is to be cultivated, or provide written consent in a form acceptable to the Agricultural Commissioner, from the deed holder granting permission for the cultivation of industrial hemp on the specified parcel(s).
3. Each parcel for which a license application is submitted must be a minimum of 36 acres in size, and located in the FA (Foothill Agricultural/Forestry), AE (Exclusive Agricultural), AP (Agricultural Preserve Zone), FS (Farmland and Security Zone), or AT (Agricultural Transitional) zoning districts. Conditional Use Permits are required for any parcels less than 36 acres (where permitted).
4. Before a license is issued under this chapter, the applicant shall submit a bond or other form of security acceptable to the agricultural commissioner in the amount of one hundred (100%) of the estimated cost to fully abate a crop of industrial hemp that does not meet requirements for legal harvest under applicable laws and regulations. The financial security provided shall be released to the applicant after the agricultural commissioner determines that the security is no longer needed to secure the abatement of a non-compliant hemp crop.
5. An applicant shall fully satisfy the registration requirements stated in Food and Agricultural Code section 81003 as may be amended from time to time.
6. An applicant for the cultivation of transplants shall have a license to sell nursery stock as required under California Food and Agricultural Code section 6721 et seq.
7. Each license issued under this chapter shall expire one year from the date of its issuance. (Ord 1289, 2020; Ord 1279, 2019, Ord 1276, 2019)

The following standards shall apply to the cultivation of industrial hemp.

1. The cultivation of industrial hemp is permitted in the FA (Foothill Agricultural/Forestry), AE (Exclusive Agricultural), AP (Agricultural Preserve Zone), FS (Farmland Security Zone), or AT (Agricultural Transitional) zoning districts. Cultivation of industrial hemp is prohibited in all other zoning districts including any zoning within the sphere of influence of the cities of Willows and Orland, or within the sphere of influence of Artois, Butte City, Elk Creek, or Hamilton City.
2. A person cultivating industrial hemp shall design the parcel used for cultivation in a manner that minimizes odors to surrounding areas.
3. The field planting (by seed or transplants) of outdoor industrial hemp cultivation shall be permitted to occur between July 15 and December 31 of each calendar year, and shall meet the following setback requirements:
   1. Two-hundred (200) feet from any boundary line of the parcel, unless the boundary line is adjacent to the boundary line of a parcel that is either owned, managed, or otherwise under the control of the person who obtained the license for the cultivation of industrial hemp.
   2. One-thousand (1,000) feet from any sensitive receptor.
   3. Two-hundred (200) feet from any residence.
4. Any structure(s) containing facilities used for the processing of industrial hemp must have all permits required under state law and Glenn County Code.
5. The indoor cultivation of hemp is limited to the cultivation of hemp transplants in a structure dedicated solely to the cultivation of nursery stock and located within the FA (Foothill Agricultural/Forestry), AE (Exclusive Agricultural), AP (Agricultural Preserve Zone), FS (Farmland Security Zone), or AT (Agricultural Transitional) zoning districts on a parcel with a minimum size of thirty-six (36) acres. All other indoor cultivation of industrial hemp is prohibited. Structures must comply with applicable building codes and be permitted by the Planning and Community Development Services Agency as required by County code. Structures used for indoor cultivation of hemp shall meet the following setbacks:
   1. Fifty (50) feet from any boundary line of the parcel adjacent to a parcel under different ownership.
   2. Five-hundred (500) feet from any sensitive receptor.
   3. One-hundred (100) feet from any residence.
6. All parcels used for the cultivation of industrial hemp shall have onsite signage indicating that hemp is being cultivated on site. The signs shall:
   1. Be of a size so that the wording on the sign is clearly visible and readable to a person with normal vision from a distance of twenty-five (25) feet; and
   2. Use letters and symbols that are of a color that sharply contrasts with their immediate background; and
   3. Be posted at the corners of the parcel and at all usual points of entry to the parcel, including each road, footpath, walkway, or aisle that enters the cultivation area. When a parcel is adjacent to a public right-of-way, such as a road, trail, or path, signs shall be posted at intervals not exceeding six-hundred (600) feet along the parcel’s border with the right-of-way.
7. A person cultivating industrial hemp shall comply with all provisions of California State law, and associated regulations, applicable to the cultivation of industrial hemp, including, but not limited to, requirements for cultivation, sampling, laboratory testing, harvesting, and crop destruction. (Ord 1289, 2020; Ord 1279, 2019, Ord 1276, 2019)

An industrial hemp crop that does not comply with the provisions of this chapter and all applicable provisions of California State law, and associated regulations, shall be destroyed. Crop destruction shall proceed as provided for in all applicable laws and regulations, which includes Food and Agricultural Code section 81006 and California Code of Regulations, title 3, sections 4950 and 4950.1. The grower of the industrial hemp crop shall submit a destruction plan to the Agricultural Commissioner at least twenty-four (24) hours prior to the start of the destruction. The Agricultural Commissioner shall approve the method of destruction. An industrial hemp grower that fails to destroy an industrial hemp crop as required shall forfeit the financial security provided under section 15.798.050, subsection D, and the Agricultural Commission shall proceed to destroy the non-compliant crop. (Ord 1289, 2020)

The Board of Supervisors may, by resolution, establish a fee for a license issued under this chapter. (Ord 1289, 2020)

The cultivation of industrial hemp in violation of state law, state regulation, this chapter, or other local regulation, constitutes a public nuisance subject to abatement and the imposition of administrative penalties under chapter 1.15 of the Glenn County Code. Each and every day a violation of this chapter exists constitutes a separate and distinct violation. (Ord 1289, 2020)

Each and every violation of this chapter shall constitute a separate violation. All violations of this chapter are subject to punishment and enforcement measures authorized under federal, state, and Glenn County Code. (Ord 1289, 2020)

Conditional Use Permits are required for any parcels less than 36 acres (where permitted).

Cultivation of industrial hemp is prohibited in all other zoning districts including any zoning within the sphere of influence of the cities of Willows and Orland, or within the sphere of influence of Artois, Butte City, Elk Creek, or Hamilton City. (Ord 1289, 2020)

1. Seasonal farmworker housing shall be located on parcels of forty (40) acres or more in size zones “AP” (Agricultural Preserve) or “AE” (Exclusive Agricultural) and having an “Agriculture Intensive” or “Agriculture General” land use designation. Such parcels shall be owned by the applicant. Seasonal farmworker housing proposed for parcels smaller than the forty (40) acres in size shall require a conditional use permit.
2. Seasonal farmworker housing shall be located on parcels having direct access to a County or State maintained road.
3. Seasonal farmworker housing and support structures shall be set back a minimum of sixty (60) feet from the center line of any roadway, 60 feet from any other property line, 40 feet from any other structure, and 40 feet from watering troughs, feed troughs, and accessory buildings. Seasonal farmworker housing and support structures shall also be set back 75 feet from barns, pens, or similar quarters of livestock or poultry. Seasonal farmworker housing and support structures shall be set back a minimum of 500 feet from any confined animal and manure handling facilities for dairy operations.
4. Seasonal farmworker housing shall have off-street parking provided at a ratio of one (1) space per four (4) persons housed.
5. Seasonal farmworker housing may be either a one (1) or two (2) story structure.
6. Seasonal farmworker housing shall be occupied no more than 180 days in any calendar year. Farmworker housing which is proposed to be occupied more than 180 days per year shall require a Conditional Use Permit.
7. Seasonal farmworker housing having accommodations for at least six (6) persons may have a single caretaker unit (per parcel) occupied year-round provided that the caretaker unit meets the requirements of Chapter 15.59 Minimum Residential Construction Standards.
8. Seasonal farmworker housing shall not be located within any designated floodway.
9. Seasonal farmworker housing shall meet the requirements of Chapter 15.54 Flood Damage Prevention.
10. Seasonal farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health and safety hazard.
11. Prior to the issuance of a building permit for seasonal farmworker housing, the applicant shall place on file with the planning authority an affidavit that the seasonal farmworker housing will be used to house persons employed for agricultural purposes. Further, a covenant shall be recorded, in a form satisfactory to the County Counsel, acknowledging and agreeing that in the event the housing units are proposed to be converted to another use, the entire facility shall be brought into compliance with the provisions of this code and State Laws in effect at the time of conversion; or the housing units and all accessory structures shall be removed.
12. Seasonal farmworker housing shall house no more than fifty (50) persons at any time. Housing of more than fifty (50) persons at a single site shall require a conditional use permit.
13. Once a building permit has been issued for a seasonal farmworker housing facility there shall be no additional building permits issued for seasonal farmworker housing within a three (3) mile radius of the approved site. If a seasonal farmworker housing facility is proposed within three (3) miles of an approved site a conditional use permit shall be required.
14. Within thirty days of the annual closure of the seasonal farmworker housing, the owner shall file a report to the planning authority showing the number of days that the site was open and the number of persons housed.
15. There shall be no more than one (1) seasonal farmworker housing facility per parcel of land.
16. The buildings used for the seasonal farmworker housing facility shall be located in a cluster with no building more than one hundred feet (100’) from another building in the facility. (Ord. 1183 § 2, 2006)

This section is intended to accommodate emergency shelters and low barrier navigation centers consistent with the Housing Element of the General Plan and as required by State law.

“Emergency shelter” has the same meaning as defined in subdivision (e) of Section 50801 of the Health and Safety Code, as may be amended from time to time. Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. Emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth. 2. Pets. 3. The storage of possessions. 4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private room.

1. Emergency shelters are a permitted use in the MU zone. 2. Emergency shelters are allowed as an accessory use ancillary to churches. 3. Low barrier navigation centers are a permitted use (i.e., a use by right) in areas zoned for mixed use and in nonresidential zones permitting multifamily uses, if the low barrier navigation center meets the requirements of this chapter.

Where allowed, emergency shelters are subject to the standards that apply to residential or mixed use development in the same zone and are also subject to the following requirements: 1. Capacity. The facility shall not exceed a maximum of 40 persons served nightly. 2. Parking. Parking shall be provided on-site to accommodate all staff working in the emergency shelter, provided that the parking requirement does not exceed the parking requirement for other residential or commercial uses within the same zone. Bike rack parking shall also be provided on-site. 3. Size and Location of Exterior and Interior Onsite Waiting Areas. The facility shall provide exterior client waiting areas at a ratio of not less than twenty-five (25) square feet per client and shall provide interior client waiting areas at a ratio of not less than twenty-five (25) square feet per client. The exterior waiting area shall not be located adjacent to the public right-of-way, shall be located behind a minimum six-foot-tall mature landscaping or a minimum six-foot-tall decorative masonry wall that separates the waiting area from public view, and shall be located in an area with provisions for shade protection and rain protection. 4. Size of Intake Areas. The facility shall provide an intake area of a minimum of 250 square feet. 5. Onsite management and security. The facility shall provide on-site management 24 hours a day and shall provide on-site security for all hours that the emergency shelter is in operation, including all times that staff is present. A management plan shall be submitted detailing how the shelter will provide onsite management and security and the hours of shelter operation. 6. Proximity. The emergency shelter shall be at least 300 feet from any other emergency shelter. 7. Length of stay. The maximum length of stay at the facility shall not exceed one hundred twenty days in a three-hundred-sixty-five-day period. 8. Lighting. Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary and shielded/downlit away from adjacent properties and public rights-of-way. 9. Security. On-site security by a security guard licensed by the State of California shall be provided during the hours that the emergency shelter is in operation and at all times that the emergency shelter is in use by staff, clients, guests, volunteers, or any combination of staff, clients, guests, and volunteers.

1. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the County shall notify the applicant whether the application is complete pursuant to California Government Code Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the County shall approve or deny the application. 2. The County shall approve a Low Barrier Navigation Center development that meets the requirements of California Government Code Section 65662:

A. It offers services to connect people to permanent housing through a services plan that identifies services staffing. B. It is linked to a coordinated entry system, which 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, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing. C. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code. D. 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.

SECTION 3: The adoption of the proposed zone change is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 15061(b)(3) (the "general rule" exemption). The proposed project is a change to the zoning ordinance and map, Title 15 of the Glenn County Code, and all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report (General Plan EIR). The Board of Supervisors also finds and determines that the rezoning of the land described herein is consistent with the Elements of the Glenn County General Plan. SECTION 4: Pursuant to Section 15.29.020 of the Glenn County Code, the Zoning Maps are hereby amended by changing the zones and zone boundaries as shown in in Exhibit “A”, Exhibit “B”, and Exhibit “C” attached hereto and incorporated herein; with the following Findings: Finding 1. That the proposed zone change promotes and protects public health, safety, peace, morals, comfort, convenience and general welfare of Glenn County by providing amendments to the Glenn County zoning ordinance and map consistent with the purposes of Title 15. Finding 2. That the proposed zone change will implement the Glenn County General Plan, facilitate, and guide growth in accordance with the General Plan by clarifying the development process to meet objectives contained in the Glenn County General Plan and meet State statutes. Finding 3. That the proposed zone change will protect the social and economic stability of residential, commercial, industrial, resource production, and recreational activities within the County by clarifying requirements to sections addressing multi-family housing and development and will assist in meeting HCD regulations. SECTION 5: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is held by court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared invalid. SECTION 6: Conflict. All ordinances or parts of an ordinance or resolutions or parts of a resolution in conflict herewith are hereby repealed to the extent of such conflict and no further. SECTION 7: Effective. This ordinance shall take effect thirty (30) days after the date of its adoption and before the expiration of fifteen (15) days from the date of passage thereof shall be published at least once in a newspaper of general circulation, in the County of Glenn, State of California, together with the names of the members of the Board of Supervisors voting for and against the same.

The Surface Mining and Reclamation Act of 1975, Public Resources Code Section 2710 et seq., (SMARA), authorizes and directs local agencies to adopt ordinances establishing procedures for the review and approval of reclamation plans and the issuance of permits to conduct surface mining operations. The purpose of this chapter is to implement and supplement SMARA, and to that end the Board of Supervisors finds and declares that:

1. The extraction of minerals is essential to the continued economic well-being of Glenn County and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
2. The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
3. 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.
4. It is the intent of the Board of Supervisors to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to achieve the following:
5. 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.
6. Production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.
7. Residual hazards to the public health and safety are eliminated.
8. Surface mining operations that comply with applicable ordinances and policies are recognized and protected.
9. This chapter shall be reviewed and revised as necessary to promote consistency with state policy, as expressed in SMARA. (Ord. 1183 § 2, 2006)

1. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a use permit pursuant to this chapter as long as the vested right continues and as long as no substantial changes are made in the operation except in accordance with this chapter. A person shall be deemed to have vested rights if, prior to January 1, 1976, he or she 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 a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.
   The reclamation plan required to be filed under subdivision (b) of Public Resource Code Section 2770 shall apply to operations conducted after January 1, 1976. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands for surface mining operations conducted prior to January 1, 1976.
2. Any person with an existing surface mining operation who has vested rights pursuant to Public Resources Code Section 2776 and who does not have an approved reclamation plan shall submit a reclamation plan to the county. If a reclamation plan application was not on file by March 31, 1988, the continuation of the surface mining operation is prohibited until a reclamation plan is submitted to the county. For purposes of this chapter, reclamation plans may consist of all or the appropriate sections of any plans or written agreements previously approved by the county or another agency, together with any additional documents needed to substantially meet the requirements of Public Resources Code Sections 2772 and 2773 and the county surface mining ordinance, provided that all documents which together were proposed to serve as the reclamation plan are submitted for approval to the county in accordance with this chapter.
3. If a person with vested rights continues surface mining in the same area subsequent to January 1, 1976, he or she shall obtain an approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. Where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-SMARA mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the SMARA.
4. Any area where surface mining operations have taken place subsequent to January 1, 1976, shall be subject to the requirements for reclamation, even if that area was originally disturbed prior to January 1, 1976.
5. An operator may request a determination of vested rights for a surface mining operation by submitting an application to the county on a form provided by the director. In addition to the information required by the application form, the application shall include the following information:
   1. An aerial photograph of the site taken prior to January 1, 1976, if available, showing the area for which a vested rights determination is requested.
   2. A site map showing the boundary line and acreage of the area for which vested rights are claimed.
   3. Copies of any permits or other authorizations for the subject surface mining operation.
   4. Other documentation to establish that the surface mining operations were diligently commenced and substantial liabilities for work and materials necessary therefore were incurred prior to January 1, 1976.
6. Vested rights shall be determined by the director based on information presented by the operator to substantiate the vested right. The director shall evaluate the information presented by the operator and shall inform the operator in writing of his or her determination. Such determination may occur in consultation with the planning commission. The decision of the director shall include an approved map or plan showing the extent of vested rights. No public notice is required for this determination.
7. Prior to acknowledging a vested right, the director shall make the finding that the subject surface mining operation conforms to the standard for vested rights set forth in Public Resources Code Section 2776.
8. The decision of the director shall be appealable to the planning commission. An appeal of the director’s decision shall be filed in the planning authority within 10 days of the date of the director’s determination. The decision of the planning commission shall be appealable to the board of supervisors. An appeal of the planning commission’s decision shall be filed with the clerk of the board of supervisors. Appeals shall be filed within 10 calendar days of the dates of the respective decision. (Ord. 1183 § 2, 2006)

No person shall conduct a surface mining operation, or substantially change an existing or previously approved operation, or expand a surface mining operation beyond the boundaries of any area in which vested rights to mine exist, without first obtaining a conditional use permit from the county for such a surface mining operation. The reclamation plan required by SMARA and this chapter shall be included in each such use permit, and the right to conduct surface mining operations pursuant to the permit is contingent upon the prior filing with the county of adequate financial assurances to secure the completion of the reclamation plan. (Ord. 1183 § 2, 2006)

Each reclamation plan shall:

1. Include measures specified by the county to implement state policy on grading, backfilling, resoiling, revegetation, soil compaction, other reclamation requirements, and measures for soil erosion control, water quality and watershed control, waste disposal, and flood control;
2. Be applicable to a specific piece of property or properties, shall be based upon the character of the surrounding area and such characteristics of the property as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities, and shall establish site-specific criteria for evaluating compliance with the approved reclamation plan, including topography, revegetation, and sediment and erosion control;
3. Be subject to the reclamation performance standards in 14 CCR § 3700 through 3713. These standards shall apply to each mining operation, but only to the extent that they are consistent with the planned or actual subsequent use or uses of the mining site;
4. Include any additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of countywide performance standards. (Ord. 1183 § 2, 2006)

The provisions of this chapter do not apply to any activities excepted from the application of SMARA pursuant to Public Resources Code Section 2714. (Ord. 1183 § 2, 2006)

Areas of regional significance” and “areas of statewide significance,” as may be designated by the State Mining and Geology Board, and “state policy” and related regulations as may be adopted by the State Mining and Geology Board, shall be recognized in the administration of this chapter per provisions of the act. (Ord. 1183 § 2, 2006)

Surface mining and related operations regulated by this chapter shall be subject to zoning regulations and other applicable provisions of law. (Ord. 1183 § 2, 2006)

Application for a conditional use permit for surface mining and approval of a reclamation plan shall be submitted by, or with the written approval of, the landowner, on forms provided by the director. The reclamation plan shall constitute a part of the permit application, and shall include both operations and reclamation proposals. (Ord. 1183 § 2, 2006)

The application shall include the following information and documents, except as may otherwise be determined by the TAC:

1. Names and addresses of the landowners, the holder of mineral rights, the operator, and any persons designated as their agents for the service or process;
2. A signed statement that the person submitting the application accepts responsibility for conducting the operations and reclaiming the mined lands in accordance with the permit and plan as approved, and that all owners of possessory interest in the land have been notified of the application and proposals therein. The statement shall also include:
   1. The proposed dates for the initiation and termination of the mining operation; and
   2. The anticipated type and quantity of minerals to be mined, and the maximum depth of mining.
3. Site location, description, including maps, plans and descriptive statements to show:
   1. Legal description of lands in application; and
   2. A map showing boundaries, topographic details, and the general geology of the total area; detailed geology of the proposed surface mining area; location and identification of all streams, roads, railroads, utility facilities, and dwellings and other structures on or adjacent to the permit site; and names and addresses of owners of adjoining lands and of mineral rights thereon.
4. Operations plan, including maps, plans, and descriptive statements to show:
   1. The type of mining to be employed, and a schedule showing locations and dates for the start and completion of mining on segments of the total mining area, and when reclamation may be anticipated to be started on each of such segments; and
   2. A description of the proposed operation, including seasons, days and hours of operations; access and trucking route and the number and timing of daily truck trips; measures for control of noise, dust, erosion, flooding and water pollution, proposed fencing, screening, landscaping, etc.
5. Reclamation plan, to be a plan applicable to the particular property, and based upon the character of the surrounding area and on reclamation site characteristics such as type of overburden, soil stability, topography, geology, climate, stream characteristics, and principal mineral commodities. The plan shall include:
   1. A description of the manner in which reclamation, adequate for the proposed use or potential uses, will be accomplished, and including the manner in which contaminants will be controlled, and mining waste will be disposed of; the manner in which rehabilitation of affected stream channels and banks, and drainage ways, will be accomplished to minimize erosion and sedimentation; proposals for backfilling, grading, bank sloping, resoiling, revegetation, soil compaction and stabilization, and other reclamation measures; and
   2. A description of the proposed use or potential uses of the land after reclamation, and an assessment of the effect of the reclamation plan on future mining in the area;
   3. Other information which the commission may find necessary in particular cases including the amount and type of financial assurances proposed;
   4. A statement that the person submitting the plan accepts responsibility for reclaiming the mined lands in accordance with the reclamation plan. (Ord. 1183 § 2, 2006)

1. When all required information related to the application has been submitted to the director together with the fees as adopted by the board of supervisors and checked and found acceptable, the director shall accept the application as being properly filed.
2. The director shall then notify the Department of Conservation of the filing, and shall furnish the department with copies of the application, plan and other related documents, and the director may request that the department furnish technical assistance in its review of the reclamation plan.
3. The fees required for determinations under this chapter shall be as adopted by the board of supervisors in the county book of administrative policies and procedures.
4. Whenever surface mining operations are proposed in the one-hundred-year floodplain for any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning authority upon receiving the application for the issuance or renewal of a permit to conduct the surface mining operations shall notify the Department of Transportation that the application has been received. The Department of Transportation shall have a period of not more than forty-five days to review and comment on the proposed surface mining operations with respect to any potential damage to the state highway bridge from the proposed surface mining operations. The planning commission shall not issue or renew the permit until the Department of Transportation has submitted its comments or until forty-five days from the date the application for the permit was submitted, whichever occurs first. (Ord. 1183 § 2, 2006)

1. The application for the conditional use permit shall be processed and approved, conditionally approved, or denied according to the processes prescribed in Chapter 15.22, Conditional Use Permit, of this code.
2. The decision on a conditional use permit may be appealed according to the process prescribed in Chapter 15.050, Appeals, of this code.
3. Prior to approving a reclamation plan, the approving body shall find that:
   1. The project has been reviewed pursuant to CEQA and the county’s environmental review guidelines, all adverse impacts related to the reclamation plan have been mitigated by the plan or the recommended conditions of approval, and the appropriate environmental determination has been adopted;
   2. The reclamation plan complies with the requirements of SMARA, specifically Public Resources Code Sections 2772 and 2773, and the Reclamation Standards specified in California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1, Article 9, Sections 3700 through 3713;
   3. The reclamation plan has been forwarded to the Department of Conservation pursuant to Section 15.81.180;
   4. The reclamation plan complies with the purpose, intent, and requirements of Chapter 15.81, Surface Mining and Reclamation, of the Glenn County Code;
   5. The proposed goal of reclamation is consistent with the general plan policies and the zone district for the area. (Ord. 1183 § 2, 2006)

1. Any aggrieved person or entity adversely affected by a formal action under the “Surface Mining and Reclamation Act” (SMARA) of the Glenn County Planning Commission, may appeal such action by filing a written notice thereof with the Clerk of the Board of Supervisors within ten (10) calendar days after the action of the Planning Commission.
2. Within thirty calendar days from the date of filing the appeal, the Clerk of the Board shall schedule the date for the hearing.
3. The hearing shall be held within sixty calendar days from the date of filing the appeal. Notice of hearing shall be given as required by the California Government Code. The Board of Supervisors may continue such hearing for one additional meeting, to be held within thirty days, any further continuances shall be with the consent of the appellant.
4. The Board of Supervisors shall hear the matter de novo (a new hearing):
   1. The written documents relied on by the Planning Commission to take the action and the minutes of the hearing(s) before the Planning Commission shall be a part of the Board’s record at the appeal hearing on the matter.
   2. As part of the hearing do novo the Board shall hear such additional relevant evidence as may be offered.
5. Appeal Hearing – Procedure and Order of Presentation
   1. Staff Reports(s)
   2. Open the Public Hearing on the matter.
      1. Appellant’s Presentation.
      2. Respondent’s Presentation.
      3. Additional Public Testimony in favor of the appeal.
      4. Additional Public Testimony opposed to the appeal.
      5. Respondent’s Rebuttal (if any).
      6. Appellant’s Rebuttal (if any).
      7. Close the Public Hearing.
   3. Discussion of the matter by the Board of Supervisors.
6. Decision of the Board of Supervisors. Affirm, reverse or modify, in whole of in part, the order, requirement, decision, recommendation, interpretation, or ruling of the Planning Commission appealed from, or make and substitute such other or additional decision(s) or determination(s) as it may find warranted under the laws and facts as follows:
   1. Ask the staff to prepare written finding for the Board to adopt at the next regularly scheduled Board meeting setting forth the reasons for their decision sustaining, reversing or modifying the decision for the Planning Commission; or
   2. May adopt a motion as a result of the hearing which is recorded in the minutes and may incorporate by reference all or part of the proposed findings in the staff report which the Board relied on to reach their decision; and the Clerk of the Board shall transmit a copy of the decision to the appellant and the applicant, if different than the appellant. (Ord. 1183 § 2, 2006)

Within ten days of the board of supervisors actions on an appeal related to a site in an area of statewide or regional significance, an aggrieved person may file a written appeal with the State Mining and Geology Board, as provided in the act. (Ord. 1183 § 2, 2006)

1. Minor modifications to reclamation plans may be approved by the director without public notice or consultation with the Department of Conservation. A minor modification to a reclamation plan may be approved only if it meets the following standards:
   1. To allow the minor recontouring of final topography effecting no more than ten percent of the site, provided that slope stability is maintained and substantiated;
   2. To allow minor modification or addition of site access including new on-site roads and encroachments directly from the site to a public road, but not including new off-site roads;
   3. To allow a minor substitution in the reclamation plan such as a substitution in the type and/or number of plant species, minor change in topsoil treatment, etc., provided it does not substantially alter the intended end-use described in the approved reclamation plan;
   4. To allow minor technological or administrative changes in methods used to achieve reclamation;
   5. To allow measures to be taken which will ensure or maintain public safety (e.g. fences, gates, signs, or hazard removal), provided such measures do not substantially alter the intended end-use described in the approved reclamation plan;
   6. To allow minor modifications to a previously approved phasing plan;
   7. To allow compliance with the requirements of other public agencies, provided the requirements are not inconsistent with the approved conditional use permit;
   8. A minor modification shall not include changing the end use of the land.
2. Applications for a minor modification shall be made on a checklist form provided by and filed with the planning authority.
3. Prior to approval of a minor modification, the director shall make the following written findings which shall include the reasons for the findings:
   1. The minor modification is consistent with the approved conditional use permit and does not represent a significant change to the approved reclamation plan for the subject surface mining operations.
   2. The minor modification is not subject to CEQA.
4. The director shall approve, conditionally approve, or disapprove an application for a minor modification within 45 days of accepting the application as complete, and give notice by mail of the decision, including any conditions of approval, to the applicant.
5. The decision of the director regarding a minor modification of a conditional use permit shall be appealable to the planning commission within 5 calendar days of said decision. The decision of the planning commission regarding the appeal shall be appealable to the board of supervisors within 5 calendar days of said decision.
6. Within 30 days of final action, the director shall send a copy of an approved minor modification to the Department of Conservation. (Ord. 1183 § 2, 2006)

1. Within 90 days of a surface mining operation becoming idle, the operator shall submit to the department of planning authority for 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 the California Environmental Quality Act.
2. The approved interim management plan shall be considered an amendment to the surface mining operation’s approved reclamation plan, for purposes of this chapter. The interim management plan shall provide measures the operator will implement to maintain the site in compliance with this chapter, including, but not limited to, all permit conditions.
3. Prior to county approval, interim management plans shall be submitted for review to the Department of Conservation for a 45-day review period.
4. The director may approve an interim management plan without a public notice or public hearing if the director determines that the interim management plan does not require significant changes to the reclamation plan. The decision of the director shall be appealable to the planning commission within five calendar days of the decision. The decision of the planning commission shall be appealable to the board of supervisors within five calendar days of the decision.
5. The interim management plan may remain in effect for a period not to exceed five years, at which time the director shall do one of the following:
   1. Renew the interim management plan for another period not to exceed five years, if the director finds that the surface mining operator has complied fully with the interim management plan;
   2. Require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.
6. In any event, financial assurances required shall remain in effect during the period the surface mining operation is idle. 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.
7. Within 60 days of the receipt of the interim management plan or a longer period mutually agreed upon by the county and the operator, the county shall review and approve the plan in accordance with this chapter and so notify the operator in writing of any deficiencies in the plan. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the county, to submit a revised plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the county, to submit a revised plan.
8. The director shall approve or deny approval of the revised interim management plan within 60 days of receipt. If the director denies approval of the revised interim management plan, the operator may appeal the action to the planning commission which shall schedule a public hearing to be held within 45 days of the filing of the appeal or any longer period mutually agreed upon by the operator and the planning commission. The action of the planning commission may be appealed to the board of supervisors within 10 days of said action.
9. Unless review of an interim management plan is pending before the director, or an appeal is pending before the planning commission, a surface mining operation which remains idle for over one year after becoming idle as defined in this chapter without obtaining approval of an interim management plan shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan. (Ord. 1183 § 2, 2006)

1. Financial assurances are required to secure performance of the reclamation plan approved for each surface mining operation to which this chapter applies and shall be sufficient to perform reclamation of lands remaining disturbed. Financial assurances determined to substantially meet these requirements shall be approved by the county for purposes of this chapter. Except as specified in Public Resources Code Section 2770(e) or (i), unless the operator has filed on or before January 1, 1994, an appeal pursuant to Public Resources Code Section 2770(e) with regard to non-approval of financial assurances, and that appeal is pending before the State Mining and Geology Board, the continuation of the surface mining operation is prohibited until financial assurances for reclamation are approved by the county.
2. The county shall require financial assurances of each surface mining operation to ensure reclamation is performed in accordance with the surface mining operation’s approved reclamation plan, as follows:
   1. Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds, or other forms of financial assurances specified by the State Mining and Geology Board pursuant to Public Resources Code Section 2773.1(e), which the county reasonably determines are adequate to perform reclamation in accordance with the surface mining operation’s approved reclamation plan.
   2. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.
   3. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan.
   4. The financial assurances shall be made payable to the county and the Department of Conservation. Financial assurances that were approved by the county prior to January 1, 1993, and were made payable to the State Geologist shall be considered payable to the Department of Conservation for purposes of this chapter. However, if a surface mining operation has received approval of its financial assurances from a public agency other than the county, the county shall deem those financial assurances adequate for purposes of this section, or shall credit them toward fulfillment of the financial assurances required by this section, if they are made payable to the public agency, the county, and the Department of Conservation and otherwise meet the requirements of this section. In any event, if the county and one or more public agencies exercise jurisdiction over a surface mining operation, the total amount of financial assurances required by the county and the public agencies for any one year shall not exceed that amount which is necessary to perform reclamation of lands remaining disturbed. For purposes of this paragraph, a “public agency” may include a federal agency.
   5. Estimates for financial assurances shall include descriptions of the tasks to be performed, identification of equipment, labor and materials requirements, definition of units costs, total cost per task, total direct cost of reclamation, and administrative costs including costs of supervision, profit and overhead, contingencies and mobilization. Additional required information may include a site plan showing the present limits of the disturbed area to be reclaimed, and other information necessary to verify the estimate. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, that the county or state may need to contract with a third-party commercial company for reclamation of the site.
3. Financial assurances determined not to substantially meet the requirements of Public Resources Code Section 2773.1 shall be returned to the operator within 60 days. The operator has 60 days to revise the financial assurances to address identified deficiencies, at which time the revised financial assurances shall be returned to the county for review and approval.
4. Prior to county approval, financial assurances shall be forwarded to the Department of Conservation pursuant to Section 15.81.180.
5. The decision to approve financial assurance estimates and mechanisms shall be made by the director. The financial assurance estimates shall be based on an approved reclamation plan. No public notice or public hearing is required. The decision to approve financial assurance estimates and mechanisms is not subject to CEQA. The director’s decision is appealable to the Planning Commission within 10 calendar days of the decision. The decision of the planning commission is appealable to the Board of Supervisors within 10 calendar days of the decision.
6. Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon written notification by the county, which shall be forwarded to the operator and the Director of the Department of Conservation, that reclamation has been completed in accordance with the approved reclamation plan. If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the county until new financial assurances are secured from the new owner and have been approved by the county in accordance with Section 2770.
7. If the county, following a public hearing, determines that the operator is financially incapable of performing reclamation in accordance with its approved reclamation plan, or has abandoned its surface mining operation without commencing reclamation, the director shall do all of the following:
   1. Notify the operator by personal service or certified mail that the county intends to take appropriate action to forfeit the financial assurances and specify the reasons for so doing.
   2. Allow the operator 60 days to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time period mutually agreed upon by the county and the operator.
   3. Proceed to take appropriate action to require forfeiture of the financial assurances if the operator does not substantially comply with paragraph 2, above.
   4. Use the proceeds from the forfeited financial assurances to conduct and complete reclamation in accordance with the approved reclamation plan. In no event shall the financial assurances be used for any other purpose. The operator is responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurances. (Ord. 1183 § 2, 2006)

1. As a condition of approval of the permit and reclamation plan, a schedule for annual inspections of the site shall be established to evaluate continuing compliance with the permit and reclamation plan.
2. The planning authority shall conduct an inspection of a surface mining operation within six months of receipt by the planning authority of the surface mining operation’s report submitted pursuant to this chapter, solely to determine whether the surface mining operation is in compliance with this chapter. In no event shall the planning authority inspect a surface mining operation less than once in any calendar year.
3. All inspections shall be conducted using a form developed by the Department of Conservation and approved by the State Mining and Geology Board. The operator shall be solely responsible for the reasonable cost of the inspection.
4. The planning authority shall notify the Department of Conservation within thirty days of completion of the inspection that the inspection has been conducted. The notice shall contain a statement regarding the surface mine’s compliance with this chapter, shall include a copy of the completed inspection form, and shall specify which aspects of the surface mining operation, if any, are inconsistent with this chapter.
5. If the surface mining operation has an appeal pending in the case of a surface mining operator with vested rights, a review of existing financial assurances pending, or an appeal pending, the notice shall so indicate.
6. The planning authority shall forward to the operator a copy of the notice and any supporting documentation, including, without limitation, any inspection report prepared by the geologist, civil engineer, landscape architect, or forester. (Ord. 1183 § 2, 2006)

1. Prior to approving a surface mining operation’s use permits, financial assurances, including existing financial assurances reviewed by the county pursuant to subdivision (C) of Public Resources Code Section 2770, the county shall submit the plan, assurances, or amendments to the Director of the Department of Conservation for review.
2. The Director of the Department of Conservation shall have 30 days to prepare written comments for use permits and amendments and 45 days for review of financial assurances and amendments, if the Director of the Department of Conservation so chooses. The county shall evaluate written comments received from the Director of the Department of Conservation during the comment period. The county shall prepare a written response describing the disposition of the major issues raised. In particular, when the county’s position is at variance with the recommendations and objections raised in the Director of the Department of Conservation’s comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the county shall be forwarded to the operator.
3. The county shall notify the Director of the Department of Conservation of the filing of an application for a permit to conduct surface mining operations within 30 days of such an application being filed with the county. By July 1 of each year, the county shall submit to the Director of the Department of Conservation for each active or idle mining operation a copy of any permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year. Failure to file with the Director of the Department of Conservation the information required under this section shall be cause for action under Public Resources Code Section 2774.4.
4. Whenever a permit application proposes surface mining operations in the 100-year flood plain 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, the county shall notify the Department of Transportation that the application has been received. The Department of Transportation shall have a period of not more that 45 days to review and comment on the proposed surface mining operations with respect to any potential damage to the state highway bridge from the proposed surface mining operations. The county 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, whichever occurs first. (Ord. 1183 § 2, 2006)

1. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved reclamation plan and the provisions of this chapter.
2. Financial assurances provided by the operator’s successor to the county and the Department of Conservation shall have been approved, and the financial assurance mechanism shall be in place prior to the continuation of surface mining operations. (Ord. 1183 § 2, 2006)

Following a hearing held pursuant to Chapter 15.04, the commission may revoke a permit on a finding of noncompliance with any term or condition of the permit, this chapter or SMARA. (Ord. 1183 § 2, 2006)

1. Applications for a vendor’s permit shall be accompanied by photos or renderings of sales structures to be used, and shall be submitted to the planning authority.
2. The application shall specify all locations where sales are proposed.
3. The application shall be accompanied by an itinerant business permit, if applicable, for proposed use issued by the County.
4. An application involving the sale of any prepared food, seafood, snack bars, pre-packaged food, approved unpacked food, or similar food item for retail sale, or distribution at no cost, shall be accompanied by a food service or food facility permit issued by the Glenn County Health Department pursuant to the requirements of the California Retail Food Facilities Law.
5. Vendor permits may be issued for the retail sale of items such as flowers, balloons, souvenirs, news publications, and food items such as hot dogs, sandwiches, candy, ice cream and similar items.
6. The vendor shall post the permit in a conspicuous space for the immediate inspection by the Sheriff or other officer of the county. (Ord. 1183 § 2, 2006)

1. Only one (1) vendor permit may be permitted per lot.
2. Hours of operation shall be limited to the hours between 8:00 a.m. and 9:00 p.m. daily.
3. Only two (2) carts, push carts, stands, trailers, kiosks or similar sales structures not exceeding one hundred sixty (160) square feet in area shall be used in conjunction with a vendor’s permit.
4. A vendor’s permit shall only be valid for sixty (60) days. (Ord. 1183 § 2, 2006)

Vendor permits shall only be granted for the Commercial, Industrial, Service Commercial, Local Commercial, Highway Commercial, Planned Development Commercial and Planned Development Residential Zoning Districts. No vendor permits shall be required for nonprofit organizations or for sales of produce. (Ord. 1183 § 2, 2006)

The board of supervisors finds that the protection of surface and subsurface water within the county is of major concern to the citizens of the county for the protection of their health, welfare and safety. Injecting produced saltwater into deep injection zones poses the possibility of affecting water quality in overlying aquifers in the affected hydrogeological basin. The board further finds that the following standards are necessary for the protection of the waters within the county. It is the purpose of this chapter to develop regulations to establish a land use permitting process for the operation of Class II injection wells and to enable the county to administer an inspection and monitoring program of injected produced salt water. (Ord. 1183 § 2, 2006)

A conditional use permit shall be required prior to construction of any aboveground facilities at a site intended for use as a Class II injection well. The conditional use permit may be granted if the project complies with all provisions of this chapter. The conditional use permit will authorize construction of aboveground facilities and injection of produced salt water in compliance with county, state and federal laws. (Ord. 1183 § 2, 2006)

1. It shall be unlawful for any person to operate any injection well within the county of Glenn except as provided in this chapter.
2. No Class II injection well in the county of Glenn may commence operation after the effective date of the ordinance codified in this chapter without first complying with the following minimum requirements:
   1. The applicant shall fully comply with all of the requirements of CEQA;
   2. The applicant shall provide the planning authority with proof of fiscal responsibility either by establishing a net worth of more than two hundred fifty million dollars or by filing a certificate of insurance in the amount of one million dollars. Said insurance coverage shall be maintained for the term of the permit;
   3. The applicant shall provide the planning authority with a copy of any and all permits which authorize injection of produced salt water from all authorities having jurisdiction including the State of California, Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR);
   4. If the permit is for the drilling of a new Class II injection well or the conversion of an existing well to a Class II injection well, tests which may be required by the DOGGR to demonstrate the integrity of the well including, but not limited to, spinner surveys and injectivity tests shall be performed by the applicant and at applicant’s expense. The testing program shall be in accordance with requirements of the DOGGR to ensure that the injected produced salt water is confined to the intended zone or zones and that underground sources of drinking water are not being endangered;
   5. The results of the tests shall be submitted by the applicant to the planning authority for review prior to the commencement of long term injection. Long term injection operations under the permit shall not commence until approval for injection is obtained, in writing, from the DOGGR assuring the integrity of the Class II injection well;
   6. The planning authority shall be provided with the opportunity and access to witness all such testing;
   7. The applicant shall submit to the planning authority the name and address of the companies that will be hauling or trucking the produced salt water. No other haulers may be used;
   8. Any Class II injection well permitted for operation by the DOGGR on the effective date of the ordinance codified in this chapter, although such operation does not conform to the provisions thereof, may be continued; provided, however, that such Class II injection wells may be operated for a period not longer than five years from the effective date of the ordinance codified in this chapter unless compliance with this chapter is obtained. If any such Class II injection well is idle, as defined by the DOGGR, for a period of two years, subsequent use of the Class II injection well shall be brought into conformity with the provisions of this chapter. (Ord. 1200 § 3, 2008; Ord. 1183 § 2, 2006)

The term of any use permit granted under the provisions of this chapter shall not exceed five years. The use permit may be extended by the planning commission upon written request for such extension at least sixty days prior to the expiration date of the use permit. (Ord. 1183 § 2, 2006)

In order to enforce the provisions of this chapter, the board of supervisors authorizes the following fee schedule:

1. The applicant shall be responsible for any and all costs which may be incurred by the county as a result of the inspection and monitoring program;
2. The applicant shall pay a five hundred dollar annual administrative permit fee to the planning authority for each Class II injection well permitted hereunder;
3. The applicant shall also be required to maintain a two thousand dollar deposit per Class II injection well with the planning authority to pay for additional inspection and monitoring which may be required by the county. At the direction of the planning authority, the applicant shall tender such additional monies as may be necessary to maintain a balance of not less than five hundred dollars on deposit. (Ord. 1183 § 2, 2006)

The planning commission shall impose such of the following conditions on the conditional use permit as it deems necessary for the protection of the environment and the health, safety and welfare of the people of the county:

1. The Class II injection well and the site shall be used solely for injection and holding of produced salt water, condensate holding tanks and necessary additives. Injection or dumping into the Class II injection well or holding at the site of any other substance, waste or chemical is strictly prohibited.
2. Hauling of produced salt water shall be conducted during six a.m. to nine p.m. except under emergency situations. The applicant shall notify the planning authority in writing within five calendar days after beginning any emergency hauling.
3. The applicant shall submit reports (DOG Form 110B) to the planning authority at a frequency not to exceed monthly. A report shall also be submitted providing the following information:
   1. Hauling company
   2. Destination
   3. Origin of the produced salt water
   4. Composition of the produced salt water
4. Injection may occur twenty-four hours a day. Injection operations shall be conducted through a tamper-proof pressure recorder or similar metering device approved by the planning authority. Reports from said recorder or similar metering device shall be submitted to the planning authority at a frequency not to exceed monthly.
5. Annual mechanical integrity tests and any and all tests required by the CDOG necessary to maintain the integrity of the Class II injection well shall be conducted at applicant’s expense and the planning authority shall be provided with the opportunity and access to witness all such tests. The testing program is to be performed in accordance with the requirements of the CDOG. Tests results shall be submitted by the applicant to the planning authority.
6. The planning authority may at any time require the extraction of representative samples of injected produced salt water for testing from the storage tanks, the well and/or lines upstream from the injection pumps and downstream of the filters. These samples shall be analyzed by a state-certified laboratory at the expense of the applicant. Produced salt water may be sampled and analyzed at a frequency not to exceed quarterly to yield data representative of the characteristics of the injected produced salt water.
7. The planning authority or a designated representative thereof shall be granted twenty-four hour access to all Class II injection well sites. Said access shall be accompanied by the applicant’s employee or designated representative with at least four hours advance notice.
8. Any costs to the county which result from the inspection and monitoring programs required in this section shall be home by the county through fees collected from the applicant, as described in Section 15.83.050.
9. Only Class II injection wells may be permitted under this chapter.
10. Under emergency conditions, an exception to this chapter may be granted by the director at the request of the applicant. Such request shall be submitted in writing with detailed justification. Such exception shall not exceed one hundred twenty days. (Ord. 1183 § 2, 2006)

If any condition(s) of this chapter or of the use permit has not been complied with, the county shall have the authority to suspend the permit and all conditions of operation until such time as the applicant provides evidence that the conditions are being met. (Ord. 1183 § 2, 2006)

The permittee and property owner are legally liable for all environmental damage, including but not limited to health hazards, resulting from the construction, operation, use and maintenance of any Class II injection well and related facilities. If such damage occurs, the county, in addition to pursuing all other remedies available to it, may summarily require the permittee and property owner to develop and implement with due diligence a mitigation plan, including requirements of state and federal agencies, to remedy all of such damage. Implementation of the plan will be required regardless of whether the county also revokes the permit. (Ord. 1183 § 2, 2006)

Administrative permits may be approved and issued for the drilling of natural gas wells provided the following standards are being met:

1. The proposed location of the gas well is at least five hundred feet from the nearest residential dwelling unit;
2. The proposed location of the gas well is at least one hundred twenty feet from a county road right-of-way;
3. That if the proposed location of the gas well is within a flood hazard area as designated on the flood hazard maps of Glenn County, or within a designated floodway or special floodplain combining zone, the rules, regulations and restrictions of the zones shall be conditions of approval;
4. The fire protection regulations of the affected fire district shall be complied with;
5. The drilling mud shall be disposed of at an approved disposal site;
6. The necessary permits shall be secured from all affected federal, state and local agencies;
7. That the applicant shall enter into a road maintenance agreement with the Glenn county road department;
8. Conversion of this gas well to an injection well may be permitted with a conditional use permit.
9. Installation of a gas well compressor shall require an additional administrative permit approved by the director in the agricultural zones and a conditional use permit approved by the planning commission in the residential zones. (Ord. 1183 § 2, 2006)

Collocation of wireless communication facilities shall only require a building permit and not a conditional use permit or amendment of an existing conditional use permit when the project fulfills the following requirements:

1. The original wireless communication facilities for which the collocation is proposed has received an approved conditional use permit and an environmental document was adopted (EIR, negative declaration or mitigated negative declaration).
2. The collocation facilities are required to be located on or within 10 feet of the original facilities but not outside the existing compound area. In the event that the compound area must be enlarged, a Site Plan Review shall be required for the proposed collocation.
3. The collocation facilities shall not extend the height of the existing pole structure or exceed the height of the existing tower or pole structure.
4. The collocation facilities shall be enclosed within a six-foot high fence.
5. The ground equipment shall not exceed the height of existing structures or the height prescribed by the existing permit.
6. The collocation antennas and/or dishes shall not exceed the girth of the original wireless equipment.
7. The total area of the collocation equipment and the original wireless facilities shall not exceed the maximum lot coverage of the individual zoning classification.
8. The collocation facilities shall meet the setback requirements of the individual zoning classification.
9. The collocation facilities shall be subject to the mitigation measures and conditions of approval for the original wireless communication facilities. (Org. 1200 § 3, 2008)

This purpose of this chapter is to facilitate the construction, installation and operation of power generation facilities in Glenn County in conformance with Section 15.01.020 of this Title. (Ord. 1256 § 2, 2016)

As used in this Chapter:

1. “Practicable” shall mean available and capable of being done after taking into consideration cost, existing technology, and logistics in light of the overall project purposes.
2. “Uses Allowed” means one of the following:
   1. Accessory Use – a power generation facility designed to serve on-site needs or a use that is related to the Primary Use of the property.
   2. Direct Use – a power generation facility designed and installed to provide on-site energy demand for any legally established use of the property.
   3. Primary Use – a power generation facility that uses over 50% of a lot and is devoted to power generation for offsite use.
   4. Secondary Use – a power generation facility that is not the Primary Use of the property and occupies less than 50% of the lot area. This type of use would be considered conjunctive. (Ord. 1256 § 2, 2016)

The following standards have been established to facilitate the location of power generation facilities delineating the permitting necessary for each different class identified. All other standards set forth by this Title remain applicable.

1. Permits Required The table below shows the permit required for the different types of power generation facilities allowed under this Chapter. This table should be used in conjunction with the subparagraphs that follow in this section to identify permitting requirements. In all cases, there may be additional permits required by other governmental agencies other than the County and it is the permit applicant’s responsibility to comply with said permits. Evidence of compliance may be required for permit issuance.
   
   

   Uses Allowed	Direct Use (Roof Mounted or Ground Mounted up to 1/2 acre)	Accessory Use (15% of lot size up to 5 acres whichever is less)	Secondary Use	Primary Use
   Land Use/Zoning District
   Agriculture
   AE	P	SPR	CUP	NP
   FA	P	SPR	CUP	CUP
   Williamson Act
   AP, FS, TPZ	P	SPR	CUP	NP
   Commercial
   LC, CC, SC, PDC	P	SPR	NP	NP
   Industrial
   RPM, M, AV	P	SPR	CUP	CUP
   Residential
   RE, AT, RE-NW, R-1, R-M, MHP, PDR	P	ADM	NP	NP
   Other
   MP, RZ	P	NP	NP	NP

2. Permitted Uses (P) Direct Use power generation facilities may require the application for a Site Plan review depending on the requirements of the individual zoning district. Also, ground mounted facilities are subject to the lot coverage standards of each zoning district which may not allow for ½ an acre of lot coverage. Facilities that generate noise, dust, heat, or glare may not meet established performance standards which will require an applicant to secure a conditional use permit.
3. Administrative Permit (ADM) See Chapter 15.18
4. Site Plan Review (SPR) See Chapter 15.13.
5. Conditional Use Permit (CUP) Secondary Use and Primary Use power generation facilities shall require an applicant to first secure a conditional use permit in accordance with Chapter 15.220 and the applicable zoning district. Issuance of said permit is subject to the following:
   1. Secondary Uses on Agriculture (AE and FA) zoning districts and Williamson Act contracted land shall be subject to California Government Code, Section 51238.1.
   2. Proposed power generation projects in Agriculture zoning districts and Williamson Act contracted lands, as defined in Section 15.86.030(A), shall be subject to the following requirements:
      1. Land designated as Prime Farmland, Farmland of Statewide Importance and Unique Farmland under the most recent California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program (FMMP) shall be avoided. When a proposed power generation use includes these lands as designated under the FMMP in Agriculture zoning districts or Williamson Act contracted lands specified under Section 15.86.030(A), mitigation shall be required to secure replacement land of equal or greater farming potential at a ratio of 1:1. Said mitigation may be accomplished on the same lot.
      2. Proposals for Secondary Use facility shall clearly demonstrate that the power generation use is subordinate to, practicable, and compatible with the primary agricultural use.
   3. Williamson Act contracted lands may qualify for placement into a solar-use easement pursuant to California Government Code Section 51190 et seq. Any land owner who desires to take such action shall also secure a conditional use permit in addition to all other required procedures and permits.
6. Not Permitted (NP) Zoning districts where power generation activities of any level of the uses allowed where such activities are not compatible, are prohibited by law, impracticable, or are detrimental to uses permitted under a particular zoning district are not permitted. There are no conditions under which a power generation facility is allowed.
7. General Requirements
   1. All power generation uses shall be subject to the requirements of the zoning district in which they are located.
   2. All power generation uses allowed in an Agriculture or Williamson Act zoning district, as defined by Section 15.86.030(A), shall comply with Chapter 15.58 of this Title.
   3. For all off-site facilities where a power generation use is located on more than one Lot, there shall be a proper easement agreement or other approved method for notification of all impacted parties.
   4. When a power generation use will be located near a residence on an adjacent Lot, one of the following measures shall be used to preserve site aesthetics:
      1. A setback of at least 60 feet shall be required for solar panels, 150 feet for enclosed buildings, and 200 feet for wind turbines.
      2. Visual screening shall be installed for any power generation use located on or mounted to the ground to the maximum extent practicable. In all respects, the power generation use shall meet the requirements of Chapter 15.56 of this Title. Vegetative screens shall employ native species which are resistant to drought. (Ord. 1256 § 2, 2016)