Sections:

(a)

Applicability. The following standards shall apply to all accessory structures not otherwise regulated, including, but not limited to: agricultural buildings, barns, coops, garages, garden sheds, gazebos, greenhouses, guest quarters, packing sheds, pergolas, storage sheds, satellite antennas, and covered patios. Accessory dwelling units are regulated by Section 9-409.020 and solar installations are regulated by Sections 9-400.060 and 9-409.420.

(b)

Height. The maximum allowable height for accessory structures shall not exceed the building height allowed in the base zone, unless a lower height is set in this section.

(c)

Non-residential Accessory Structures in Residential Zones. All non-residential structures that are accessory to dwelling units in Agricultural and Residential zones shall meet the following standard:

(1)

The accessory structure must be for the owner's or tenant's use.

(d)

Location and Setbacks.

(1)

The accessory structure may be located anywhere on a lot except within a required setback with the following exceptions:

(A)

Single-story accessory buildings that are located in the rear one-third of a lot may be located within three feet of the rear or interior side lot line, provided that the single-story accessory building is:

(i)

Located at least ten feet from any dwelling on an adjacent lot.

(ii)

Does not exceed 14 feet in height; and

(iii)

Is not an accessory dwelling unit.

(B)

Accessory structures, such as covered patios, gazebos, or pergolas, that are open on three sides, may encroach into a required interior side and rear setback, as long as such encroachment does not exceed 50 percent of the area of the required setback.

(2)

Carports and Garages. Where a lesser setback would be permitted by other Sections of this Title, carports, garages, and vehicular entrances to structures shall be set back at least 15 feet from a front or street side lot line.

(3)

In Residential and Agricultural zones where the rear yard of a lot abuts the side yard of an adjacent lot, the rear yard setback for accessory buildings shall be equal to the side yard setback required on the adjacent lot.

Building projections may extend into required yards, according to the standards of Table 9-400.020 Allowed Building Projections into Yards. The "Limitations" column states any dimensional, area, or other limitations that apply to such structures when they project into required yards.

The standards of this Section apply to all new development and to all existing structures. The structures listed in Table 9-400.050 below may exceed the maximum permitted building height for the zone in which they are located, subject to the limitations stated in the table and further provided that no portion of a structure above the building height limit may be used for sleeping quarters or advertising. Projections not listed in the table and projections above the limits listed in the table may be allowed with an Administrative Use Permit.

(a)

Additional Height Allowed for Public and Quasi-Public Buildings. Public and quasi-public buildings, when allowed in a zone, may be erected to a height not exceeding 75 feet if the building is set back from the required setback line at least one foot for each additional foot of building height above the maximum height limit for the zone in which the building is erected.

(Ord. No. 4663, § 2, 12-10-2024)

(a)

General Standards. All fencing and screening shall comply with the provisions of this Section, unless otherwise specified.

(1)

Placement. Fences and screens may be constructed anywhere on a lot.

(2)

Height Limits in Required Yards. Fencing and screening shall not exceed the height limits specified in subsection (b).

(3)

Height Limits Outside Required Yards. The height of fencing and screening outside required yards shall not exceed the height limits for accessory buildings.

(4)

Gates. Any gate shall meet the applicable fence height and setback requirements. Any gate, other than gates for pedestrian use only, shall be set back or recessed a minimum of 10 feet unless there are at least 16 feet between the property line and the edge of the travelled roadway, in which case the setback requirement is waived. For distances less than 16 feet, a proportionate reduction may be granted upon review and approval by the Zoning Administrator.

(5)

Fences Adjacent to "Restricted" or "Nonaccess" Property. A fence up to eight feet in height may be constructed on the lot line when that line is shown as "restricted" or "nonaccess" on a recorded map. If adjacent to a roadway, intersection and driveway visibility standards may limit the fence height; see Section 9-400.120.

(b)

Fencing Standards. Unless otherwise specified, fencing shall be permitted, but not required, and shall comply with the provisions of this Section.

(1)

Height Limits and Required Setbacks. Table 9-400.040-B establishes height limits for closed fences, which create a solid barrier, and open fences, which have separations allowing views into the interior of the lot at a ratio of 2:1, open to closed.

(2)

Fencing Materials. Fence materials may include wood, chain link, fence pickets or panels, wire mesh, and other similar materials. The use of barbed wire, razor wire, and electrified fencing, except where allowed by Section 9-400.040(c), is prohibited in and adjacent to Residential zones. Alternative fencing materials may be approved by the Zoning Administrator. If bushes, trees, or other plantings are used as alternative fencing material, they must meet the fencing height and setback requirements.

(A)

Prohibited Materials. Corrugated plastic or iron, steel, aluminum, and asbestos are specifically prohibited. Chain link fencing with slats may be approved at the discretion of the Zoning Administrator in combination with another material.

(B)

Required Materials Backing Up To or Abutting a Public Roadway. In new residential subdivisions, the required material for perimeter fencing abutting or backing up to a public roadway is masonry.

(3)

Special Fencing Requirements.

(A)

Playing Courts. The seven-foot fence height limit may be waived for playing courts if the playing court is in a side or rear yard and open type fencing material is used.

(B)

Swimming Pools. All pools shall be enclosed per the requirements of the California Building Code and this Title and any additional requirements of the Building Code.

(C)

Levees.

(i)

Any fence next to a levee shall conform to the requirements for Levees in Chapter 9-703, Flood Hazards.

(ii)

The height of any fence or wall located at the toe of a levee may be increased to eight feet subject to the review and approval of the Zoning Administrator.

(4)

Special Fencing Requirements for Agricultural Zones.

(A)

Security Fencing. Security fencing, not to exceed two feet in height, may be erected on top of required or permitted fencing.

(5)

Special Fencing Requirements for Commercial, Industrial, and Other Non-Residential Zones.

(A)

Fencing of Required Yards. An open fence up to seven feet in height is permitted in any required yard, provided it is constructed of open material and does not obstruct vehicular site distance.

(B)

Security Fencing. Security fencing, not to exceed two feet in height, may be erected on top of required or permitted fencing except for fencing abutting a permitted residential use, a Residential zone, or an area shown on the General Plan for residential use.

(c)

Electrified Security Fencing. The Zoning Administrator may permit electrified security fences in Industrial, Commercial, and Agricultural zones subject to the following development standards.

(1)

Uses and Locations.

(A)

The Zoning Administrator may authorize electrified security fences for any uses in the I-W (Warehouse), I-P (Industrial Park), I-L (Limited Industrial), I-G (General Industrial), AG (General Agricultural), AL (Limited Industrial), AI (Agricultural Industry) and AU (Agriculture Urban Reserve) zones.

(B)

The Zoning Administrator may authorize electrified security fences in the C-C (Community Commercial), C-G (General Commercial), C-RS (Rural Service Commercial), and C-X (Crossroad Commercial) zones only for the following land uses:

(i)

Auction sales—Indoor, outdoor;

(ii)

Automotive sales and services—Automotive rentals, automotive repairs (light), automotive repairs (heavy), automotive sales, operable vehicle storage, parking;

(iii)

Communication services—Towers

(iv)

Construction service;

(v)

Equipment sales and repair—Farm machinery sales and leisure;

(vi)

Marinas;

(vii)

Nursery sales and landscaping services;

(viii)

Truck Services;

(ix)

Utilities; and

(x)

Warehousing, storage, and distribution.

(2)

Warning Signs. The electrified security fence shall be clearly identified by installing prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet the following criteria:

(A)

The warning signs are placed at each gate and access points, and at intervals along the fence not exceeding 30 feet.

(B)

The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(C)

The warning signs are marked with a written warning or a commonly recognized symbol for shock.

(D)

The minimum dimensions for each sign are nine inches by 12 inches.

(3)

Power. The primary power voltage for an electrified security fence shall not exceed 12 DC volts maximum. The electrified security fence shall only be electrified when the business it is protecting is closed to the public.

(4)

Height. The height of an electrified security fence may exceed the height of the protective barrier, which is subject to the limits of Table 9-400.040-B, by two feet, provided the overall fence height is not more than 10 feet.

(5)

Setbacks. Setbacks between the protective barrier and an electrified security fence are required as follows:

(A)

Any opening in the perimeter protective barrier that is less than or equal to three inches shall require a minimum 12-inch setback for the electrified security fence.

(B)

Any opening in the perimeter protective barrier that is greater than three inches but no more than six inches shall require a minimum three-foot setback for the electrified security fence, or an approved mesh or equivalent material, with openings not to exceed three inches, shall be installed on the protective barrier.

(C)

When abutting a Residential zone, a protective barrier consisting of a minimum six-foot high solid wooden fence or block wall shall require a minimum 12-inch setback for the electrified security fence. Any other protective barrier proposed adjacent to a Residential zone is required to have mesh installed, as approved by the Zoning Administrator, as a secondary protective barrier, that is a minimum of six feet in height and is setback 12 inches from the electrified security fence.

(6)

Knox Box. Before the electrified security fence is electrified, a Fire Marshall approved Knox Box providing for emergency access to enable the electrification to be turned off shall be installed and the security fence shall be inspected by the Fire Department. The Knox Box shall be fully operational at all times when the electrified security fence is operational. If at any time the Knox Box is not operational, the electrified security fence cannot be activated.

(7)

Required Permits. A building permit is required for electrified security fences in any commercial zone and for any electrified security fence exceeding seven feet in height.

(d)

Screening Standards.

(1)

Materials. Screening shall include the installation and maintenance of one, or a combination, of the following elements:

(A)

Plant materials;

(B)

Fencing;

(C)

Walls; or

(D)

Berms.

(2)

Prohibited Materials. Corrugated plastic or iron, steel, aluminum, and asbestos are specifically prohibited. Chain link fencing with slats may be approved at the discretion of the Zoning Administrator in combination with another material.

(3)

Special Screening Requirements.

(A)

Screening Adjoining Residential Areas.

(i)

If a commercial or industrial development project will abut a Residential zone or a conforming residential use, screening six to eight feet in height shall be erected along the abutting lot line.

(ii)

If an agricultural development project will abut a Residential zone or a conforming residential use and development is proposed within 50 feet of the abutting property line, screening six feet to eight feet in height shall be erected. Driveways are exempt from this requirement.

(B)

Screening of Commercial Storage Area. All storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Screening shall be between six and eight feet in height. Outside storage is not permitted in front yards, street side yards, or in front of main buildings. Exceptions can be approved by the Zoning Administrator.

(C)

Screening of Industrial Storage Areas.

(i)

All storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. This screening shall be between six and eight feet in height. Items stored within 100 feet of a public street or a Residential zone shall not be stacked higher than two feet above the adjacent screen. Exceptions can be approved by the Zoning Administrator.

(ii)

All exterior electrical cage enclosures and storage tanks shall be screened from view from adjacent public streets and Residential zones.

(4)

Maintenance. All required screening materials shall be maintained in good condition by the property owner and, whenever necessary, repaired or replaced.

(e)

Noise Attenuation Walls. As a Condition of Approval for a discretionary permit, the Review Authority may require walls, fences, berms, and/or landscaping for the purpose of noise attenuation in any zone to meet the standards in Chapter 9-404 when adjacent to a high noise generator, such as a major roadway or railroad. Where noise attenuation walls are required, height and yard restrictions for walls that would otherwise apply may be waived by the Review Authority upon review of a noise study, if necessary, for effective noise reduction.

(Ord. No. 4623, §§ 17, 18, 5-2-2023; Ord. No. 4632, § 11, 9-26-2023)

The standards of this Section apply to equipment in new development, replacement equipment that is added to serve existing buildings, and condominium conversions. These standards do not apply to existing equipment that serves existing buildings. The Zoning Administrator may waive or modify screening requirements for equipment.

(a)

General Requirements. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, must be screened from public view from an adjacent public road. Exterior mechanical equipment to be screened includes, without limitation, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, and similar utility devices.

(1)

Screening must be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure.

(2)

Equipment must be screened on all sides, and screening materials must be opaque.

(3)

When screening with plants, evergreen types of vegetation must be planted and maintained. Plant material sizes and types must be selected and installed so that, at the time of building occupancy, such plants effectively screen their respective equipment.

(4)

The use of chain link for the purpose of screening is prohibited.

(b)

Requirements for Specific Types of Mechanical Equipment. The following additional screening standards apply to the specified types of mechanical equipment:

(1)

Roof-Mounted Equipment.

(A)

Whenever feasible, roof-mounted equipment screening must be constructed as an encompassing monolithic unit or a series of architecturally similar screening units on large roofs, rather than as several individual screens (i.e., multiple equipment screens, or "hats," surrounding individual elements are not permitted).

(B)

The height of the screening element must equal or exceed the height of the structure's tallest piece of installed equipment.

FIGURE 9-400.070-1: SCREENING OF ROOF MOUNTED EQUIPMENT

(2)

Ground-Mounted Equipment. Ground-mounted equipment that faces a street must be screened to a height of 12 inches above the equipment, unless such screening conflicts with utility access, in which case reasonable accommodation must be allowed.

(A)

Acceptable screening devices consist of decorative walls and/or berms (3:1 maximum slope) with supplemental plant materials, such as trees, shrubs, and groundcovers.

(B)

For screen walls that are three feet high or lower, vegetative materials may be substituted for 50 percent of the screening device.

(C)

This requirement does not apply to incidental equipment in the interior of a lot that is not visible from the street. However, electrical substations, water tanks, sewer pump stations, and similar utilities are required to be screened and secured with an eight-foot-high wall.

FIGURE 9-400.070-2: SCREENING OF GROUND MOUNTED EQUIPMENT

(3)

Exterior Wall Equipment. Wall-mounted equipment, including, without limitation, electrical meters, electrical distribution cabinets, and valves and cabinets that face a street or public parking and are not recessed and/or separated from the street by intervening building(s) or walls or gates, must be screened. Screening devices must incorporate elements of the building design (e.g., shape, color, texture, and material). For screen walls that are three feet in height or lower, vegetative materials may be substituted for 50 percent of the screening device.

(c)

Exceptions in Agricultural Zones and the I-G General Industrial Zone. Due to size and physical characteristics, outdoor equipment that is ancillary to farming operations in the Agricultural Zones and industrial operations in the I-G General Industrial zone does not have to be fully screened from view. In these cases, operators of such equipment are only required to provide screening from view of public roads for the outdoor storage of such equipment to the extent feasible.

This Section establishes development standards and expedited permit review procedures for small rooftop solar energy solar energy systems, which are allowed by-right under State law.

(a)

Expedited Administrative Review. After receipt of a complete application, only a Zoning Compliance Review is required for issuance of a building permit, and the building permitting process shall be streamlined with use of checklists to determine compliance with standards and eligibility for expedited review. Absent any specific, adverse impact findings, the Building Official shall administratively approve an application for a small rooftop solar energy installation that meets the standards of this section and is eligible for expedited review and issue all required permits or authorizations.

(1)

Approval for Connection to the Electricity Grid. The Building Official's approval of a building permit application does not authorize an applicant to connect a small residential rooftop solar energy system to the local utility provider's electricity grid. The applicant may need to contact the local utility provider for approval prior to activating the system.

(2)

Inspections. Only one building inspection of an installation eligible for expedited review shall be required, which shall be done in a timely manner and may include a consolidated inspection, except that a separate fire safety inspection may be required if the County that does not have an agreement with the local fire authority to conduct a fire safety inspection on behalf of the fire authority. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.

(b)

Conformance to Codes Required. The installation must meet all applicable requirements of the State fire, structural, electrical, and other building codes, as adopted by the County.

(c)

Locations Allowed. A small residential rooftop energy system may be installed on any single family, duplex dwelling, or similar unit.

(d)

Maximum Generating Capacity. Not to exceed 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(e)

Maximum Height.

(1)

On Single-Unit Lots. A small residential rooftop solar energy system may extend up to five feet above the height limit in the zone in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the zone in which it is located.

(2)

On All Other Lots. A small residential rooftop solar energy system may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the zone in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the zone in which it is located.

(f)

No Other Approval Required. Approval of a small rooftop solar energy system by an association, as the term is defined in Section 4080 of the Civil Code, is not required for issuance of a building permit.

(g)

Required Setbacks. Excluding solar collector panels, solar energy system equipment may be installed within a required side and rear setback, but must not be closer than three feet to any lot line.

This Section establishes standards for swimming pools and spas.

(a)

Pool Setbacks. The outside wall of the water-containing portion of any swimming pool or spa must be a minimum of three feet from side and rear lot lines.

(b)

Filtration Equipment. Swimming pool or spa filtration equipment and pumps shall not be in the front or street side yard and cannot be closer than 30 inches to side and rear lot lines.

(a)

Purpose and Applicability. The purpose of this section is to preserve the County's tree resources by requiring replacement of protected trees where removal is allowed. It applies to all development projects requiring discretionary approval that have Native Oak Trees, Heritage Oak Trees, or Historical Trees on the property, unless otherwise exempt.

(b)

Exemptions. This section does not apply to:

(1)

Cases of emergency requiring the immediate removal of said trees for the safety of structures or human life, as determined by the Zoning Administrator, the Director of Public Works, the Director of Parks and Recreation, or the Chief of the applicable fire district.

(2)

Removal of trees by the County or a public utility that are necessary:

(A)

To protect electric power or communication lines or other property owned by the County or the public utility, or

(B)

To repair and maintain existing roads, flood control facilities, and/or other public facilities. Where flood channels consist of all or portions of natural waterways, the portion to be exempted shall be limited to the watercourses and such portions of the adjacent land area between the levees required to discharge the 100-year flood.

(3)

Removal of trees required by other County codes, ordinances, or State or federal laws.

(4)

Removal of trees that are dead or diseased.

(5)

Removal of Native Oak Trees on:

(A)

Existing lots containing less than 10,000 square feet and an existing residential use, and

(B)

Existing lots containing less than one acre and an existing commercial or industrial use.

(c)

Permit Required for Tree Removal. A Zoning Compliance Review is required for the removal of a Heritage Oak Tree, Historical Tree or Native Oak Tree.

(1)

Heritage Oak Tree or Historical Tree. The removal of a Heritage Oak or Historical Tree shall not be permitted unless the Zoning Administrator finds that one or more of the following situations exists and the tree is replaced:

(A)

That the removal is in the public interest;

(B)

That the tree interferes with an existing structure, utility service, or road, and no reasonable alternative exists to correct the interference other than removal of the tree;

(C)

That removal is necessitated because the tree is endangering another plant in the area with infection or infestation; or

(D)

The removal is necessitated because the tree interferes with the maintenance of flood control facilities.

(2)

Native Oak Tree. Removal of a Native Oak Tree shall be permitted, provided any tree removed is replaced.

(d)

Replacement. Trees removed shall be replaced as follows:

(1)

Replacement Stock. Replacement stock shall be of healthy commercial nursery stock of the species removed or other species approved by the Zoning Administrator.

(2)

Replacement Location. Replacement trees shall be planted as near as possible to the location of the removed tree or in an alternative location acceptable to the Zoning Administrator.

(3)

Timing. Replacement stock shall be planted between October 1 and December 31, and no later than 18 months after the date of tree removal.

(4)

Number.

(A)

Each Heritage Oak Tree or Historical Tree that has been removed shall be replaced with five trees or acorns, or combination thereof.

(B)

Each Native Oak Tree that has been removed shall be replaced with three trees or acorns, or combination thereof.

(C)

The applicant shall be required to demonstrate to the satisfaction of the Zoning Administrator that replacement stock will be planted and maintained in such a manner as to ensure the survival of said stock at the end of a three-year period commencing from the date of planting.

(e)

Security Required. The Zoning Administrator may require the applicant to provide a performance bond or other financial security to replant any replacement tree found not to be alive at the end of the required three-year maintenance period. The form of the bond or other financial security must be found acceptable by the County Counsel and the amount shall be sufficient to cover the County's cost to replant replacement trees.

(1)

The Zoning Administrator shall, upon written request of the applicant at the end of the maintenance period, determine the health of the replacement trees and release the security, if all replacement trees are alive.

(2)

If the replacement trees are not alive, the Zoning Administrator shall use all or part of the security to replant replacement trees, and the applicant may be required to provide additional security to ensure maintenance of these trees for an ensuing three-year maintenance period.

(f)

Protection from Development. To protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees from construction activity, the following standards apply to all non-exempt development:

(1)

Grade Changes. Grade changes near or within the dripline of Heritage Oak Trees, Historical Trees, and Native Oak Trees shall comply with the following restrictions:

(A)

No grade changes shall occur within six feet of the trunk of the tree.

(B)

No grade changes shall occur that entail removing or adding more than six inches of soil in the protected zone of the tree.

(C)

Extensive cuts or fills that are necessary beyond the protected zone shall have adequate

(D)

Any grade changes within the protected zone of the tree shall be accomplished so as to prevent soil compaction and injury to or removal of the tree's roots.

(2)

Fencing. Before grading operations may commence, a minimum five-foot high chain link fence or other comparable protective fencing shall be installed at the outermost edge of the protected zone of each protected tree or group of trees. Fencing, however, to protect trees on slops that will not be graded is not required.

(A)

Fences shall remain in place throughout the entire construction period.

(B)

No material, machinery, or objects of any kind may be stored within the fenced area.

(3)

Trenching. No trenching whatsoever shall be allowed within the protected zone of subject trees. If underground utility lines must be installed within the protected zone, the conduit shall be installed by boring or drilling through the soil.

(4)

Retaining Walls. In cases where retaining walls are required within the protected zone of the tree, the property owner shall complete said improvement before the completion of grading operations and before commencement of any construction.

(5)

Paving. Paving within the dripline of affected trees shall be minimized. If paving is necessary, porous materials such as gravel, loose boulders, and cobbles, brick with sand joints, wood chips, or bark mulch shall be used.

(6)

Exceptions. This subsection does not apply to normal agricultural practices.

(g)

Landscaping beneath Protected Trees. Landscaping beneath Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be subject to the following requirements:

(1)

Non-plant Materials. Non-plant materials such as loose boulders and cobbles, wood chips, or similar materials, may be used under trees.

(2)

Permitted Plants. Only plant species that are tolerant of the natural semi-arid environment of said trees, or the natural environment of Historical Trees, whichever is applicable, shall be permitted under trees.

(3)

Non-planting Areas. No plants or lawn shall be planted within a ten-foot radius of the trunk of any Heritage Oak Tree, Historical Tree, or Native Oak Tree.

(4)

Irrigation Systems. Permanent irrigation systems within the protective zone of Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be limited to bubbler, drip, or subterranean systems only, and no irrigation system shall be allowed within a ten-foot radius of the trunk of these trees.

(5)

Exceptions. This subsection does not apply to normal agricultural practices.

(h)

Expert Opinion. The Zoning Administrator may require the opinion of an arborist with special expertise in the care and maintenance of Native Oak Trees, Historical Trees, or Heritage Oak Trees to review a discretionary permit for a project that would affect any of these trees, and the applicant shall be required to pay for the cost of obtaining the services of the arborist. The arborist's review shall focus on whether the proposed project will protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees, as required by this section and, if not, what additional conditions of approval should be imposed to ensure that the standards of this section are met.

This Section establishes standards for commercial and industrial design.

(a)

Applicability. The following standards apply to all commercial zones, industrial zones, and the Public Facilities zone or when commercial, industrial, or public facilities uses are constructed within the Mixed-Use Zone, as designated below:

(1)

Existing Development.

(A)

Section 9-400.090(b) Site Design applies when constructing:

(i)

New structures.

(ii)

Additions totaling greater than 25% of the existing floor area.

(B)

The remaining design standards should be considered when updating existing development but are not required.

(2)

New Development. New development is considered to be for a new use and/or vacant site that results in new structures.

(A)

All design guidelines apply when constructing:

(i)

10,000 square feet or more in floor area, cumulatively.

(B)

Section 9-400.090(b) Site Design applies when constructing:

(i)

Less than 10,000 square feet in floor area.

(C)

Sections 9-400.090(c) and (d) may be applied to smaller developments at the discretion of the Zoning Administrator.

(b)

Site Design.

(1)

Consistency. All structures on the same site shall be designed to be compatible with each other and, when feasible and reasonable, with adjacent sites. Site design should consider scale and incorporate similar landscaping and building materials or paint colors.

(2)

Pedestrian Access. Awnings and similar coverings shall be designed to accommodate and encourage pedestrian access between buildings on the same site and between adjacent sites. Connections to existing sidewalks in the public right-of-way are encouraged for commercial uses.

(3)

Public Spaces. Site design shall allow for the inclusion of inviting public spaces with features like water fountains, well-lit walkways, and outdoor seating.

(4)

Landscaping. Site landscaping shall conform to Chapter 9-402, Landscaping, unless otherwise specified, and details shall be provided during project review.

(5)

Stacking. Truck stacking areas must be provided to ensure that truck queueing will not interfere with public rights-of-way, private streets, or with on- or off-site parking and circulation.

(6)

Truck Docks, Loading, and Service Areas. Truck docks, loading areas, and services areas shall not be located in front of buildings or oriented towards freeways and shall be screened pursuant to Section 9-406.070(d).

(c)

Building Location/Orientation.

(1)

Orientation. Buildings shall be oriented towards roadways and include sufficient setbacks for useable outdoor public spaces where appropriate.

(2)

Entries. Main building entries shall open onto courtyards or public spaces when feasible.

(d)

Building Design.

(1)

Scale. Building design shall include using similar scale structures within a single development complex, as well as the incorporation of intentional roof design and building articulation for visual interest.

(2)

Building Articulation. Building facades shall be articulated, and may include:

(A)

Changes in wall directions

(B)

Stepping back upper floors

(C)

The number and size of windows

(D)

Projecting trellises, canopies, or awnings

(E)

Recessed entrances

(F)

Other unique design features at building entrances and corners

(3)

Façades. Building design shall include façade treatments, such as canopies over walkways along commercial storefronts and windows, including faux windows.

(4)

Colors. Contrasting, but complementary colors are encouraged for specific design elements, such as window trim. However, color choices shall be limited for consistency among buildings within a community or complex.

(5)

Materials/Finishes. Building design shall include the use of multiple types of materials and finishes such as a combination of wood and stone.

(6)

Roof Design.

(A)

Roof designs that use a combination of pitched and flat articulation are encouraged.

(B)

Roof overhangs shall be appropriately proportioned to the overall frame of the building.

(C)

Roofing shall be of light color and incorporate other design elements to reduce heat.

(e)

Modification of Requirements. The requirements of this Chapter may be modified by the Zoning Administrator in cases in which, due to the unusual nature of the proposed use(s), specific location, or the site plan submitted, the requirements set forth in this Chapter are judged insufficient or excessive. Decisions of the Zoning Administrator pursuant to this Section may be appealed to the Planning Commission under Chapter 9- 802, Common Procedures.

(Ord. No. 4656, § 1, 9-24-2024)

The purpose of this Chapter is to provide a method by which residential developments which provide affordable housing shall receive a density bonus and incentive pursuant to Section 65915 of the Government Code.

(a)

Very Low- and Low-Income Housing and Senior Housing. A residential development is eligible for a 20 percent density bonus if the builder seeks and agrees to construct at least one of the following:

(1)

Ten percent of the total units, excluding density bonus units, are affordable for rental or sale to low-income households at an affordable rent or affordable ownership cost; or

(2)

Five percent of the total units for rental or sale, excluding density bonus units, are affordable to very low-income households at an affordable rent or affordable ownership cost; or

(3)

A senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons.

(b)

Moderate Income Housing. A residential common interest development is eligible for a five percent density bonus if the builder seeks and agrees to sell ten percent of the total units, excluding density bonus units, to moderate income households and if the project also meets all of the following additional criteria:

(1)

All the dwelling units in the residential development are offered to the public for purchase; and

(2)

The density bonus units are offered for sale at affordable ownership cost.

(c)

Housing for the Disabled Veterans, Transitional Youth, or Homeless Persons. A residential development is eligible for 20 percent density bonus if at least ten percent of the total units, excluding density bonus units, are reserved for and occupied by disabled veterans, transitional youth, or homeless persons and if the builder agrees to:

(1)

Provide the units at the same affordability level as very low-income units;

(2)

Record an affordability restriction for at least 55 years.

(d)

Housing for Students. A student housing project is eligible for a 35 percent density bonus if at least 20 percent of the total units, excluding density bonus units, are reserved for and occupied by lower income students and if the builder agrees to meet the following requirements:

(1)

All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The builder must provide an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to make all of the housing available to students from that institution or institutions.

(2)

At least 20 percent of the units will be reserved for and occupied by lower income students receiving or eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government.

(3)

The rent for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.

(4)

The development will provide priority for affordable units for lower income students experiencing homelessness.

(5)

Record an affordability restriction for at least 55 years.

(e)

Low Income Housing with Moderate Income Housing. A residential development is eligible for a density bonus if the builder agrees to meet the following requirements:

(1)

100 percent of the units, exclusive of a manager's unit or units, are for lower income households.

(2)

The builder may request that 20 percent of the total units are for moderate-income housing.

(f)

Density Bonus for Land Donation, Child Care Facility, or Condominium Conversion.

(1)

Density Bonus for Land Donations. When a subdivider or residential developer donates land to the County in return for providing housing for very low-income households, the subdivider or developer shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning district for the entire development, as follows:

(2)

Relation to Other Density Bonuses. This increase shall be in addition to any increase in density otherwise mandated, up to a maximum combined mandated density increase of 35 percent if a developer seeks both the increase required pursuant to this section and a density bonus. The developer shall be eligible for the increased density bonus described in this paragraph if all the following conditions are met:

(A)

The developer donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

(B)

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in the amount not less than 10 percent of the number of residential units of the proposed development.

(C)

The transferred land is zoned and sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned, and is or will be served by adequate public facilities and infrastructure. The developer must have all of the permits and approvals, other than building permits, necessary for the development of the very low-income housing units prior to the date of approval of the final subdivision map, parcel map, or the residential development. Such approvals may be granted concurrently.

(D)

The transferred lands and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Chapter, which shall be recorded on the property at the time of dedication.

(E)

The housing developer is approved by the County.

(F)

A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(G)

The transferred land shall be within the boundary of the proposed development or, if the County agrees, within one-quarter mile of the boundary of the proposed development.

(3)

Density Bonus for Development with a Childcare Facility.

(A)

When a developer proposes to construct a housing development that includes a childcare facility that will be located on the site of, as part of, or adjacent to, the project, the County shall grant either of the following:

(i)

An additional density bonus that is an amount of square feet of residential space that is equal to the amount of square feet in the childcare facility; or

(ii)

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

(B)

The County shall require, as a condition of approving a density bonus housing development with a childcare facility that the following occur:

(i)

The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

(ii)

Of the children who attend the child are facility, the children of extremely low income, very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for extremely low income, very low-income households, lower-income households, or families of moderate income pursuant to this section.

(C)

The County shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the surrounding neighborhood has adequate childcare facilities.

(4)

Condominium Conversions. Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.

The density bonus for which the residential development is eligible shall increase if the percentage of very low-, low-, and moderate-income units exceeds the base percentage established in Sections 9-401.020 (a) and (b), as follows:

(a)

Very Low-Income Units. For each one percent increase above five percent in the percentage of density bonus units affordable to very low-income households, the density bonus shall be increased by two and one-half percent up to a maximum of 50 percent.

(b)

Low Income Units. For each one percent increase above ten percent in the percentage of density bonus units affordable to low-income households, the density bonus shall be increased by one and one-half percent up to a maximum of 50 percent.

(c)

Moderate Income For Sale Units. For each one percent increase above ten percent in the percentage for sale density bonus units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of 35 percent. For each one percent increase above 40 percent, the density bonus shall be increased by 3.75 percent up to a maximum of 50 percent if 44 percent of the units are affordable to moderate income households.

All density calculations resulting in factional units shall be rounded up to the next whole number. Table 9-401.030 summarizes these additional density bonuses.

Pursuant to Government Code Section 67917.2, an eligible multifamily housing development in the R-H Residential High Density Zone that contains five or more residential units and is located on an urban infill site that is within a transit priority area or within one-half mile of a major transit stop may request a floor area ratio bonus in lieu of a density bonus if at least 20 percent of the units, excluding any additional units allowed under a floor area ratio bonus or other incentives or concessions provided pursuant to this Chapter, will have an affordable housing cost or affordable rent to, and be occupied by, persons with a household income equal to or less than 50 percent of the area median income and be subject to an affordability restriction for a minimum of 55 years.

(a)

Bonus Allowed. The floor area ratio bonus allows an eligible housing development to build additional floor area for housing above the otherwise maximum allowable density permitted under the R-H Zone.

(b)

Definitions. For purposes of this section, "major transit stop" has the same meaning as defined in Section 21155 of the Public Resources Code and "transit priority area" has the same meaning as defined in Section 21099 of the Public Resources Code.

(c)

Calculating the Bonus. The allowable additional gross residential floor area in square feet shall be the product of all of the following amounts:

(1)

An assumed base density for the R-H Zone in dwelling units per acre (15)

(2)

Multiplied by:

(3)

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

(4)

Multiplied by:

(5)

2,250.

(d)

No Unit Size Limitations. The builder of the eligible housing development may construct affordable units of any size with the additional floor area, and the overall density bonus limits shall not apply.

(e)

Parking Required. The minimum amount of required parking requirement shall be no more than 0.1 parking spaces for each unit that is affordable to persons and families with a household income equal to or less than 120 percent of the area median income and 0.5 parking spaces for each unit that is offered at market rate.

(f)

Impact Fees. Applicants granted a floor area ratio bonus may calculate impact fees for the additional floor area based on square feet, instead of on a per unit basis.

(g)

Other Incentives or Concessions. An applicant for a floor area ratio bonus may also request specific incentives or concessions pursuant to Section 9-401.050.

(a)

Eligibility for Incentives. A builder may request incentives or concessions pursuant to this section only when the builder is eligible for and receives a density bonus pursuant to Section 9-401.020. A residential development may receive the following number of incentives:

(1)

One incentive or concession for a project that includes:

(A)

At least five percent of the total units for very low-income households;

(B)

At least ten percent of the total units for low-income households; or

(C)

At least ten percent for persons or families of moderate income in a development in which units are for sale.

(2)

Two incentives or concessions for a project that includes:

(A)

At least ten percent of the total units for very low-income households;

(B)

At least 17 percent of the total units for low-income households; or

(C)

At least 20 percent for persons and families of moderate income in a development in which units are for sale.

(3)

Three incentives or concessions for a project that includes:

(A)

At least 15 percent of the total units for very low-income households;

(B)

At least 24 percent of the total units for low-income households; or

(C)

At least 30 percent for persons or families of moderate income in a development in which units are for sale.

(4)

Four incentives or concessions for a project with all of the units affordable to lower income households. If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

(5)

One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development.

(b)

Types of Incentives and Concessions. One or more of the following incentives and concessions shall be made available to a builder eligible for incentives, per the requirements in Section 9-401.050 (a) above, except as provided in Section 9-401.060:

(1)

Reduction in minimum lot size and/or dimensions;

(2)

Reduction in minimum setbacks;

(3)

Reduction in common and/or private open space required;

(4)

Reduction in square footage requirements of the lot;

(5)

Reduction in yard dimensions;

(6)

Reduction in minimum building separation requirements;

(7)

Increase in building height;

(8)

Increase in building intensity;

(9)

Reduction of ratio of vehicular parking spaces per unit;

(10)

Reduction in street standards, including street width;

(11)

Expediated "fast track" processing of an application (e.g., allowing plan check to begin during an appeal period); or

(12)

Reduction of filing or processing fees pursuant to policies established by the Board.

(c)

In addition to the incentives and concessions described above, an applicant for a development that meets the requirements of Section 9-401.020 may request parking standards consistent with Government Code Section 65915.

(d)

The County is not obligated to provide any direct financial incentives for affordable housing development, to waive impact fees and/or dedication requirements, or to provide publicly owned land for an affordable housing development.

Nothing in this Chapter shall be construed to prohibit the County from granting a density bonus greater than what is described in this Chapter or a greater number of concessions or incentives than what is listed in Section 9-401.050 for a development that meets the requirements of this Chapter.

(a)

Developments for Moderate-Income Households. If a development that includes at least 40 percent moderate-income units is located within one-half mile of a major transit stop and the residents of the development have unobstructed access to that stop from the development, then, upon the request of the developer, the amount of required parking, inclusive of parking for persons with a disability and guests, shall not exceed 0.5 spaces per bedroom.

(b)

Rental Housing for Lower-Income Households. If a development consists of rental housing for lower-income households, then, upon request of the developer, no parking shall be required if:

(1)

The development is within one-half mile of a major transit stop and the residents of the development have unobstructed access to that stop from the development; or

(2)

The development is reserved for occupancy by individuals 62 years of age or older and it has either paratransit service for the residents or is within one-half mile of a bus route operating at least eight times a day.

(a)

Rental Units. The applicant shall agree to ensure continued affordability of all very low- and lower-income density bonus units for 55 years for rental units or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. During this time the affordable rent shall be set as defined in Section 50053 of the Health and Safety Code.

(b)

For-Sale Units. The applicant shall agree to, and the County shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and the units are offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code:

(c)

Equity Sharing Agreement. An applicant shall agree to, and the County shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. The following provisions must be included in an equity sharing agreement:

(1)

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

(A)

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

(B)

The County's proportionate share of appreciation shall be equal to the ratio of the County's initial subsidy to the fair market value of the home at the time of initial sale.

(a)

Location and Design of Affordable Housing Units. The affordable housing units shall be integrated with other housing units in the housing development with regard to siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be in only one portion of the housing development or situated in one building of a multi-building development;

(b)

Location of Density Bonus Units. The density bonus units can be in geographic areas of the development site other than the areas where the units for the affordable housing units are located and can be located only on parcels for which the density bonus was granted.

An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low- or very low-income; or occupied by low- or very low-income households, unless the proposed housing development replaces those units and either of the following applies:

(a)

The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units in the percentages specified in Section 9-401.020 (a) through (d) for the density bonus requested; or:

(b)

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low-income household.

(c)

For the purposes of this Section, "replace" shall mean the following:

(1)

If any rental units are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy.

(2)

For unoccupied dwelling units in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units.

(3)

If any dwelling units have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low-income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low-income persons and families.

(4)

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to an equity sharing agreement pursuant to Section 9-401.080 (c).

(5)

If any dwelling units are occupied on the date of application, each household of very low-, low-, or moderately low-income residing in the dwelling units must be offered the right to return to a comparable unit in the proposed housing development with rent for the first 12 months subsequent to that return being the lower of the following: up to five percent higher than the rent at the time of application or up to 30 percent of household income.

(a)

Pre-Application. A developer requesting a density bonus or incentive(s) pursuant to this Chapter may submit pre-application, accompanied by the required fee, for feedback prior to the submittal of any formal requests for approval of a density bonus and incentive and other planning approvals, such as a General Plan amendment, tentative subdivision map, or development plan. The purpose of the pre-application is to determine whether the proposed housing development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the incentive(s) or concession(s). Approval of a pre-application does not constitute approval of the housing development but indicates that the housing development nominally complies with the County's zoning regulations and establishes the type of incentive(s) or concession(s) and agreement to ensure compliance with this Chapter to be recommended by staff.

(1)

Information Required. The following information is required to be submitted for a pre-application:

(A)

A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the permits and approval(s) required;

(B)

A site map showing the location and general layout of the proposed housing development and surrounding land uses and roadways; and

(C)

A written request for the specific incentive(s) or concession(s) sought accompanied by a rationale and accurate supporting information sufficient to demonstrate that any requested incentive is required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified above. If applicable, the developer shall identify the proposed use of any housing subventions or programs for the housing development, such as California Housing Community Development programs or other sources of funding.

(2)

Staff Response. Within 90 days of receipt of a pre-application, the Zoning Administrator shall notify the developer in writing what the staff will recommend as to how the County will comply with this Chapter and shall indicate whether the housing development complies with this Chapter and with the applicable regulations.

(b)

Housing Density Bonus and Incentive Application. An application for a housing density bonus and, if requested, an incentive or concession must include:

(1)

Documentation for a Requested Density Bonus.

(A)

Evidence that the project includes the qualifying percentages of residential units set forth in this Chapter, excluding the units added by the granted density bonus;

(B)

Calculations showing the maximum base density;

(C)

Number or percentage of affordable units and the income level at which the units will be restricted to;

(D)

Number of market rate units that will result from the granted density bonus;

(E)

Resulting density, described in units per square foot; and

(F)

A written acknowledgement that the project will be subject to the affordability restrictions and other provisions set forth in this Chapter.

(2)

Documentation of Requested Incentives or Concessions.

(A)

A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units shall be prepared. The City may require that an independent financial review be conducted at the expense of the applicant.

(B)

A description of any proposed waivers of development standards or other zoning requirements and why they are necessary for making the project physically possible.

(3)

Planned Developments. If the housing development is proposed as a Planned Development under Chapter 9-302, the density bonus and incentive(s) shall be reviewed concurrently with the rezoning application. If the housing development is not proposed as a Planned Development, a Conditional Use Permit shall be required for the density bonus and incentive(s) or concession(s).

(c)

Housing Density Bonus and Incentive Approval. The Planning Commission shall grant the concession or incentive requested unless the Commission finds, based upon substantial evidence, that:

(1)

The concession or incentive does not result in identifiable and actual cost reductions that provide for affordable housing costs or for rents for the targeted units to be set as specified above; or

(2)

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate-income households; or

(3)

The concession or incentive would be contrary to State or federal law.

(d)

Standards Must Not Preclude Development. In no case will the County apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted by this Chapter. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of this Chapter at the densities or with the concessions or incentives permitted, and the Planning Commission shall consider that request at the same time as it reviews the application. A proposal for the waiver or reduction of development standards pursuant to this Chapter shall not include a request to reduce nor increase the number of incentives or concessions to which the applicant is otherwise entitled.

An applicant proposing a residential development that includes at least 10 percent affordable units and meets the eligibility criteria of Government Code Section 65913.4 may request that the entitlement be approved through a streamlined, ministerial approval process. Projects that meet the eligibility criteria in this Chapter and the requirements of the State law shall be approved under a ministerial approval process, which exempts them from environmental review under the California Environmental Quality Act. This process also exempts such projects from any discretionary review that would otherwise be required by this Development Title, including, but not limited to requirements for administrative use approval, and does not allow public hearings.

(a)

Eligibility criteria for streamlined ministerial approval. The project shall meet all of the following requirements pursuant to Government Code Section 65913.4:

(1)

The development shall be multi-family housing that contains three or more dwelling units that will be offered for rental or for sale, excluding Accessory Dwelling Units (ADUs).

(2)

At least two-thirds of the square footage of the development shall be designated for residential use.

(3)

The developer shall dedicate at least 10 percent of the units in the project to households making 80 percent or less of the area median income and restricted by an Affordable Housing Density Bonus Agreement pursuant to Section 9-401.120.

(4)

The development shall be consistent with all applicable standards of this Zoning Code.

(5)

At least 75 percent of the perimeter of the development site shall be developed with urban uses. For purposes of this requirement, parcels that are only separated by a public street or highway are considered to be adjacent.

(6)

The General Plan designation and zoning of the site shall allow for residential or residential mixed-use development.

(7)

The project shall meet the parking requirements in Chapter 9-406, Parking and Loading, or a maximum of one parking space per unit, whichever is lower. However, no parking shall be required if the project is located:

(A)

Within one half mile of a major transit stop in a transit corridor,

(B)

Within a historic district adopted pursuant to Chapter 9-704, Historic Districts and Landmarks; or

(C)

Within one block of a car-share vehicle station.

(8)

The project site shall not be located in any of the following areas:

(A)

Wetlands as defined by federal law;

(B)

Within a flood plain or floodway designated by the Federal Emergency Management Agency (FEMA);

(C)

On prime farmland or farmland of statewide importance as defined by the United States Department of Agriculture and designated on maps prepared by the State Department of Conservation;

(D)

In a very high fire hazard severity zone designated by the State Department of Forestry and Fire Protection;

(E)

On a hazardous waste site designated by the State Department of Toxic Substances Control (DTSC) unless it has been cleared for residential or residential mixed-use by DTSC;

(F)

Within an earthquake fault zone unless the development meets applicable seismic protection standards of the County's Building Code;

(G)

Within a protected species habitat area designated by the General Plan or a County-approved Habitat Conservation Plan;

(H)

Lands under a conservation easement or identified for conservation in an adopted conservation plan or other adopted natural resource protection plan;

(I)

A site where development would require demolition of housing subject to recorded rent restrictions or occupied by tenants during the past 10 years;

(J)

A site where demolition of an historic structure listed on a County, State, or federal Historic Register would be required; or

(K)

A site governed by the Mobile Home Residency Law, the Recreational, Vehicle Park Occupancy Law, the Mobile Home Parks Act, or the Special Occupancy Parks Act.

(b)

Application and Review Process. An applicant seeking approval under the requirements of this section and Government Code Section 65913.4 shall submit proposed plans and an application for SB 35 - Streamlined Infill Project Approval on the form issued by the Community Development Department. The application shall be accompanied by: 1) the required fee listed in the County's Fee Schedule, 2) a Housing Density Bonus and Incentive Application signed by property owner or authorized agent, and 3) dimensioned plans that meet the current application and checklist requirements for streamlined review. A pre-application, as required by Section 9401.100, shall be used to determine eligibility for streamlined review.

(c)

Zoning Compliance Review. A housing project, including a mixed-use project, shall be granted a Zoning Compliance Review with a streamlined, ministerial approval process if it:

(1)

Qualifies for streamlined, ministerial approval under Government Code Section 65913.4; and

(2)

Complies with the County's objective development standards.

(d)

Notification of Non-Compliance with Standards. If the Zoning Administrator determines a project submitted under this section conflicts with any of the requirements set forth in subsection (a) above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

(1)

Within 60 days of submittal of the application if the project contains 150 or fewer dwelling units; or

(2)

Within 90 days of submittal of the application if the project contains more than 150 dwelling units.

(e)

Deemed approval. If the Zoning Administrator does not provide written notice as required by subsection (c) above, the project will be deemed to satisfy the requirements specified in subsection (b) above and must be granted a Zoning Compliance Review.

(f)

Establishment and Expiration of the Permit. Section 9-802.110 governs the establishment and expiration of an administrative permit granted under this section, except when that section conflicts with subdivision (f) of Government Code Section 65913.4, the provisions of the Government Code prevail.

(g)

Subsequent Permits. The County shall issue subsequent permits if the application for those permits substantially complies with the development as it was approved under this section. Upon receipt of an application for a subsequent permit, County staff shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved using the Streamlined Ministerial Approval Process of this section. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this subsection "unreasonable delay" means permit processing times that are longer than other similar permit requests for projects not approved using the Streamlined Ministerial Approval Process.

(h)

Prevailing Wage and Skilled and Trained Workforce Requirements. The Labor Provisions in the Streamlined Ministerial Approval Process, located in paragraph (8) of subdivision (a) of Government Code Section 65913.4, contain requirements regarding payment of prevailing wages and use of a skilled and trained workforce in the construction of a development approved under this section. Applicants shall certify in the development application that these provisions will be met, as applicable, and that post-approval payroll records shall be maintained.

(1)

A project with more than 25 housing units is required to use a skilled and trained workforce and submit monthly reports to the Zoning Administrator demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. This requirement does not apply if 100 percent of the units are subsidized affordable housing.

(2)

A project that includes 10 of fewer housing units is exempt from these prevailing wage and trained workforce requirements.

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded or incentives or concessions have been granted, the developer shall enter into a written agreement with the County for the duration of affordability. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the San Joaquin County Clerk Recorder's Office, County Recorder Division. The agreement shall be approved by County Counsel and include provisions for the following:

(a)

The number and proportion of housing units affordable to moderate-income, lower-income, very low-income, and extremely low-income households by type, location and number of bedrooms;

(b)

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

(c)

The party responsible for certifying rents and sales prices of affordable housing units;

(d)

The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

(e)

How vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

(f)

Deed restrictions on the affordable housing units binding on property upon sale or transfer;

(g)

Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households;

(h)

Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units; and

(i)

For Common Interest Development. An equity-sharing agreement for moderate-income units that are directly related to the receipt of the density bonus in the common interest development unless it conflicts with the requirements of another public funding source or law. The following provisions must be included:

(1)

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation; and

(2)

The County shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

This Chapter establishes standards for landscaping to conserve water, protect property, and improve the general appearance of the County and support implementation of the Model Water Efficient Landscape Ordinance (MWELO). The MWELO was prepared by the California Department of Water Resources and is used by the County in reviewing and approving plans for landscape design and installation. The specific purposes of the landscape regulations are to:

(a)

Require water-efficient landscaping through the use of native and drought-tolerant plans and water-conserving irrigation practices;

(b)

Aid in energy conservation by providing shade from the sun and shelter from the wind;

(c)

Provide habitat through the re-establishment of native plants;

(d)

Assist in mitigating air quality impacts by reducing or absorbing pollutants; and

(e)

Minimize or eliminate conflicts between potentially incompatible, but otherwise permitted land uses on adjoining lots through visual screening.

These regulations are intended to comply with the requirements of California Government Code of Regulations, Title 23, Division 2, Chapter 2.7 for a "water efficient landscape ordinance."

(a)

Applicability. This Chapter applies to the following landscape projects associated with any development requiring a building permit or discretional approval:

(1)

New landscape installations of 500 square feet or more;

(2)

Rehabilitated landscapes with an area 2,500 square feet or more;

(3)

New construction and rehabilitated landscapes that are developer-installed in a Single-Unit or Multi-Unit project with a landscape area of 2,500 square feet or more; and

(4)

New construction landscapes that are homeowner-provided and/or homeowner-hired in Single-Unit or Multi-Unit projects with a total project landscape area of 5,000 square feet or more.

(b)

Exemptions. The following are exempt from the requirements of this Chapter:

(1)

Homeowner-provided landscaping that is less than 500 square feet;

(2)

Registered local, State, or federal historical sites;

(3)

Areas in need of fire-resistant sections of vegetation;

(4)

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

(5)

Plant collections, as part of botanical gardens and arboretums open to the public; and

(6)

Mined-land reclamation projects, and other projects that do not require a permanent irrigation system;

The following areas shall be landscaped and count toward the total area of landscaping required by the development standards for individual zones in the 200 Series and other countywide landscape regulations.

(a)

Required Setbacks. All required front and street-facing side setbacks, except for areas used for driveways and entries, shall be landscaped.

FIGURE 9-402.040 (A): REQUIRED SETBACKS

(b)

Lot Perimeters. Landscape buffers shall be installed and maintained along side and rear lot lines between differing zones, in accordance with the following standards.

(1)

Required Landscape Buffers.Table 9-402.040-B(1), Required Landscape Buffers, shows when a buffer treatment is required, and of what type, based on the proposed use and the adjoining use. Only the proposed use is required to provide the buffer yard. Adjoining uses are not required to provide the buffer yard. The type of buffer yard required refers to buffer yard-type designations as shown in the table and defined in subsection (2), below. "-" means that a buffer yard is not required unless required by another section of this Chapter.

(2)

Buffer Yard Types. Table 9-402.040-B(2), Buffer Yard Requirements, lists the minimum width, plant materials, and wall requirements for each type of buffer yard illustrated in Figure 9-402.040-B(2). The listed number of trees and shrubs are required for each 100 lineal feet of buffer yard. Trees shall be planted at least 40 feet on center. Natural areas with native vegetation or alternative planting materials which achieve equivalent buffering effects may be approved by the Zoning Administrator.

FIGURE 9-402.040(B)(2): BUFFER YARD REQUIREMENTS

(3)

Width Reduction for Adjacent Landscaped Buffer. If an equivalent landscape buffer exists on the adjacent lot, the width of the required buffer may be reduced 50 percent.

(c)

Parking Areas. Parking areas shall be landscaped as follows:

(1)

One tree shall be required for each five parking stalls, or portion thereof, and shall be evenly spaced throughout the parking lot.

(2)

A ten-foot wide landscaped strip shall be installed between parking areas and adjacent public streets.

(3)

Planters that abut parking stalls shall be a minimum of five feet wide. A minimum 18-inch wide paved strip shall be added to the adjacent parking stall to allow access to and from vehicles.

(d)

Turf Areas. Turf shall not be installed within ten feet of the dripline of Native Oak trees, except for young trees with driplines of less than ten feet.

(e)

Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

(a)

General. Landscaping may consist of a combination of ground cover materials, shrubs, and trees. Ground cover may include grasses, shrubs, perennials, vines, or other plants. Ground cover also includes mulch, such as gravel, rock, cinder, bark, or other permeable materials. Landscaping may include incidental features, such as stepping-stones, site furniture, water features, art, or other ornamental features placed within a landscaped setting.

(b)

Composition. Where required, planting shall include the installation and maintenance of no less than one item from each of the following groups:

(1)

Group One: Trees;

(2)

Group Two: Shrubs or Vines; and

(3)

Group Three: Ground Cover, Flowers, or Turf.

(c)

Plant Materials.

(1)

Turf Allowance. The maximum amount of turf in required landscape areas is 30 percent for non-residential uses and 50 percent for residential uses, except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. Turf is prohibited on slopes greater than 20 percent. The Zoning Administrator may grant exceptions for the following areas:

(A)

Cemeteries, schools, and parks; and

(B)

Any area for which the Zoning Administrator finds that the proposed design is in substantial compliance with the purpose and intent of this Chapter.

(2)

Plant Selection.

(A)

Any plant that is not specifically prohibited may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance.

(B)

Plants should be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site, including water efficiency. Methods to achieve water efficiency include:

(i)

Using the Sunset Magazine Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

(ii)

Recognizing the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and to allow for adequate soil volume for healthy root growth; and

(iii)

Using solar orientation for plant placement to maximize summer shade and winter solar gain.

(3)

Native Plant Preference. Native plants, particularly native trees and shrubs, shall be considered as the first alternative when selecting plants.

(d)

Water Features. Recirculating water systems must be used for water features. The surface area of a water feature must be included in the high water use hydrozone area of the required water budget calculation.

(e)

Tree Size. When planted, trees shall be at least five gallons in size.

(f)

Earth Berms.

(1)

An earth berm may count toward the minimum height of any planting, fencing, or wall; and

(2)

Mounds of earth used to screen or for planting shall not maintain a slope greater than 2:1.

(g)

Soil Preparation. Prior to the planting of any materials, compacted soils must be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

(h)

Mulch. A minimum three-inch layer of mulch must be applied on all exposed soil surfaces of planting areas except in turf areas, areas receiving closely spaced plugs as a lawn alternative, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Stabilizing mulching products must be used on slopes that meet current engineering standards. The mulching portion of the seed/mulch slurry in hydro-seeded applications must meet the mulching requirement.

(i)

Erosion Control. Erosion shall be controlled as follows:

(1)

Slopes created through grading during construction shall be (re)planted with groundcover at a maximum of 18 inches on center or (re)planted with shrubs;

(2)

Slopes shall be restricted to a maximum 2:1 slope ratio;

(3)

Slopes greater than six feet in vertical height shall be planted with groundcover a maximum of 18 inches on center;

(4)

Erosion shall be controlled on all graded sites which remain vacant prior to building construction; and

(5)

Protective netting may be required on an interim basis to ensure bank stability.

(j)

Protective Curbing. Protective six-inch concrete curbs or standard concrete wheel stops shall be required where planting abuts parking stalls, loading areas, driveways, or turn-around areas.

(k)

Timing of Installation. Required landscaping, including irrigation systems, shall be completely installed prior to the use of the property.

(l)

Common Interest Development Guidelines. The architectural guidelines of a common interest development, such as a community apartment project, a condominium, or a planned residential development, shall not prohibit, or include conditions that have the effect of prohibiting, the use of low-water use plants as a group.

(a)

On-Site Trees. To provide cooling and improve air quality, trees must be provided as follows:

(1)

Residential Zones. One tree for every 1,000 square feet of lot area for residential development. The Zoning Administrator may grant reductions in this ratio for the R-R zone.

(2)

Commercial Zones. One tree for every 2,000 square feet of lot area.

(3)

Public Facilities, Mixed-Use and Airport Zones. One tree for every 2,500 square feet of lot area.

(4)

Industrial Zones. One tree for every 5,000 square feet of lot area with none required for the I-G and I-T zones.

(5)

Agricultural Zones. None.

(6)

Off-Site Planting. If the lot size or other site conditions make planting of the required trees impractical, the Zoning Administrator may allow the required trees to be planted off-site at twice the required ratio.

(7)

Exception for Existing Trees. If the required number and size of trees already exists on the site, the applicant shall not be required to plant new trees on-site.

(b)

Street Trees. All development in the Residential and Commercial zones must provide at least one street tree for each 60 linear foot of street frontage or one per lot frontage unless the Zoning Administrator determines that a different number of trees is warranted because of existing conditions and/or the number of street trees in the vicinity.

(1)

Spacing. Trees shall be spaced at a maximum of 60-foot intervals or a minimum of one tree per lot frontage.

(2)

Corner Lots. For corner lots, street trees shall be required on both street frontages.

(3)

Size. Trees shall be at least 15 gallons in size or 1 ½ inches in diameter at breast height.

(4)

Location from Driveways. Trees shall be located a minimum of ten feet from driveways.

(5)

Location from Rights-of-Way. Trees shall be located a minimum of four feet and a maximum of ten feet outside of the road right-of-way.

(6)

Street Frontages. Street trees shall be required along frontages where noise attenuation walls are required. They shall be placed in the yard or integrated with a serpentine wall.

(7)

Type. The types of trees shall be well suited to the climate of the region and as approved by the County.

(8)

Timing of Installation. Required street trees, including irrigation systems, shall be completely installed prior to the final inspection of the building or site, if no buildings are proposed.

(c)

Maintenance. All trees must be maintained to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects, and disease. Any tree showing such damage to the extent that its life would be impaired must be replaced with another tree.

(a)

General Requirements. Documentation must be provided to the Zoning Administrator on the forms required by the MWELO for all non-exempt landscape projects. Streamlined submittals are available for:

(1)

Small Sites. A project with a landscape area of 2,500 square feet or less that complies with the prescriptive measures listed in subsection (h), below, is exempt from certain submittal requirements for the MWELO Landscape Documentation Package.

(2)

Graywater or Rainwater Projects. A project that meets the lot or site's landscape water requirement entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to certain requirements.

(3)

Existing Landscape. All existing landscape over one acre in size may be required to have an irrigation audit if a property owner proposes an expansion of floor area that is more than 10 percent of existing floor area or structural alterations that exceed 10 percent of the replacement cost of the building. Restrictions on overspray and runoff may be imposed as conditions of approval of a discretionary permit in order to conserve water.

(b)

Landscape Documentation Package. A Landscape Documentation Package meeting the requirements of the MWELO must be submitted to the Zoning Administrator by the project applicant for review and approval prior to start of construction.

(c)

Prescriptive Compliance Option for Smaller Sites. Landscape projects that involve 2,500 square feet or less of landscape area may be approved through a Zoning Compliance Review if the applicant meets all of the following requirements. Under this procedure, Landscape Documentation requirements of the MWELO are waived.

(1)

Submit a Prescriptive Compliance Form or Performance Checklist providing the required MWELO information.

(2)

At the time of final inspection of a smaller site, provide the owner of the property with a Certificate of Completion, Certificate of Installation, Irrigation Schedule, and a Schedule of Landscape and Irrigation Maintenance.

A Certificate of Completion, in the form specified by the Zoning Administrator, must be submitted to the Zoning Administrator upon completion of the installation.

For the efficient use of water, all irrigation schedules must be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules must meet the following criteria:

(a)

Irrigation scheduling must be regulated by automatic irrigation controllers.

(b)

Overhead irrigation must be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. Operation of the irrigation system outside these times is allowed for auditing and system maintenance or if required by the water purveyor.

(c)

Irrigation run times and flow rates shall be monitored to ensure that the applied water meets the Estimated Total Water Use and the total annual applied water is less than or equal to the Maximum Applied Water Allowance.

(d)

A diagram of the irrigation plan showing hydrozones must be kept with the irrigation controller.

(a)

Landscape and Irrigation Maintenance.

(1)

The maintenance schedule shall include, as needed, routine inspections; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices.

(2)

Repair of all irrigation equipment must be done with the originally installed components or their equivalents or with components with greater efficiency.

(b)

Irrigation Audit Report.

(1)

After completion of the installation, a Landscape Irrigation Audit must be conducted by a County landscape irrigation auditor or a third-party certified landscape irrigation auditor and submitted with the Certificate of Completion.

(2)

In large projects or projects with multiple landscape installations, an auditing rate of one in seven lots or approximately 15 percent will satisfy this requirement.

(3)

The irrigation audit must include, and the report must document, the on-site inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and updating of the irrigation schedule, including configuring irrigation controllers with application rate reflecting the soil types, plant factors, slope, exposure, and any other factors necessary for accurate programming.

All model homes that are landscaped must use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter.

(a)

Signs must be used to identify the model home as an example of water efficient landscaping, featuring elements, such as hydrozones, irrigation equipment, and other design elements that contribute to overall water efficiency. Signs must include information about the site water use; specify who designed and installed the water efficient landscape; and indicate, as appropriate, use of native plants, graywater systems, and rainwater catchment systems.

(b)

Information must be provided about designing, installing, managing, and maintaining water efficient landscapes.

The requirements of this Chapter may be modified by the Zoning Administrator in cases where it is demonstrated that an alternative would result in an equal or greater amount of landscaping without increased water use.

The purpose of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the development standards and use regulations of this Title. This Chapter permits those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance. It also distinguishes between incompatible nonconformities that are detrimental to public health, safety, and general welfare and nonconformities that are economically productive and compatible with surrounding development despite being inconsistent with the long-term future of an area, as expressed in the General Plan, the use regulations or the development standards of this Title or any applicable specific plan.

This Chapter applies to structures, land, and uses that have become nonconforming by adoption of this Development Title or prior versions of this Development Title, as well as structures, land, and uses that become nonconforming due to subsequent amendments to the Development Title's text or to the Zoning Map or adoption of a specific plan. Nonconforming uses also include uses that were previously permitted by-right, but are now subject to a discretionary permit, such as an Administrative Use Permit or a Conditional Use Permit.

Nonconforming structures, land, and uses are declared to be incompatible with permitted structures, land, and uses and the corresponding standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted by this Chapter.

(a)

For Limited Parking. Residential structures with at least one parking space per dwelling unit are not considered nonconforming solely due to inadequate parking.

(b)

For Certain Residential Uses.

(A)

Any residential structure that was legally established prior to the adoption or amendment of this Title and that has been continuously maintained in residential use in compliance with all applicable County requirements is considered to be a conforming structure if located in a zone that permits residential uses, even if the zone no longer permits the type or number of residential structures. Such structure may be enlarged with a building permit.

(B)

Any residential structures that was legally established prior to the adoption or amendment of this Title and that has been continuously maintained in residential use in compliance with all applicable County requirements is considered to be a non-conforming structure if located in a zone that does not permit residential uses. Such structure may be enlarged up to 50 percent of the existing floor area with a building permit but no discretionary review. Additions exceeding 50 percent of the existing floor area may be approved, subject to a Zoning Compliance Review and any such enlargement or a replacement of such use must conform to this Title and any applicable Specific Plan or Special Purpose Plan.

(c)

For Certain Nonconforming Features. A use, lot, or structure shall not be deemed nonconforming solely because it does not conform with standards for fencing and screening, landscaping and planting requirements, parking and loading, setbacks, standards for projections above the top of buildings, or restrictions on features allowed in required yards and setback areas, or because of other deviations from the requirements of this Title or any applicable specific plan that are determined to be minor by the Zoning Administrator.

(d)

For Specific Repairs and Improvements. This Chapter does not prevent repairs, improvements, or maintenance, including in replacement of building features, that are necessary to comply with this Title or to strengthen or restore to a safe condition any building, structure, or part thereof declared to be unsafe by the Building Official.

(Ord. No. 4632, § 13, 9-26-2023)

A nonconforming use that was legally established prior to the adoption of the current provisions in this Title shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;

(2)

If the nonconforming use is conducted wholly or partially within a conforming structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled up to 50 percent of the existing floor area. Additions exceeding 50 percent of the existing floor area may be approved, subject to a Zoning Compliance Review; and

(3)

If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than 18 consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located, and the nonconforming use may not thereafter be resumed.

(b)

Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a conforming structure may be changed to another nonconforming use within that structure, subject to the following:

(1)

If the nonconforming use is changed to another nonconforming use classified within the same use type and the Zoning Administrator determines that additional off-street parking and loading space is not needed for this change, no permit or approval shall be required.

(2)

A Zoning Compliance Review shall be required for all changes other than those described in Subsection (c)(1) above.

(3)

A change subject to a Zoning Compliance Review shall be allowed only if the Zoning Administrator finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Zoning Administrator may impose conditions and an amortization period for the new use.

(4)

No nonconforming use shall be changed to a different nonconforming use.

(d)

Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use that is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of 18 months and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 9-703, Flood Hazards.

(e)

Abandonment of a Nonconforming Use. No nonconforming use may be resumed, reestablished, reopened, or replaced by any other nonconforming use after it has been abandoned or vacated for a period of 18 months.

(1)

Special Circumstances. A nonconforming use is not considered abandoned following damage from a catastrophic event, a state of emergency, a pandemic, or a casualty event provided that the business owner is actively engaged in restoring the use. Moreover, the 18-month period does not include the period between the date the County notifies the owner that the application for reconstruction of the use has been found to be complete and the date the County's action on the application becomes final or the date the building permit issued by the County for the reconstruction expires, whichever is later.

(2)

Exceptions. The nonconforming status of a single-unit dwelling shall not lapse, regardless of the length of time of non-use.

A nonconforming structure that was legally established prior to the adoption of the current provisions in this Title shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;

(2)

Such structure may be added to or enlarged within the yard setback areas, provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than 100 percent. Expansions within the setback area that are greater than 100 percent require an Administrative Use Permit; and

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.

(b)

Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the development standards and other requirements of this Title for the zone in which the lot is located.

(c)

Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of 18 months and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 9-703, Flood Hazards.

(d)

Structural Repairs. Structural repairs may be undertaken without discretionary review when the cost of such work does not, within a 12-month period, exceed 75 percent of the replacement cost of the nonconforming structure as determined by the Building Official. All other structural repairs require an Administrative Use Permit.

Notwithstanding any other provision of this Chapter, a building, structure, or site listed on the National Register of Historic Places, or registered as a State Historical Landmark, or designated as a County Landmark or historic resource shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with Federal and State regulations regarding historic buildings, structures, or sites and the provisions of Chapter 9-705, Historic Districts and Landmarks.

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County or State official charged with protecting the public health or safety, upon order of such official.

A use that was established without obtaining required permits shall be deemed a conforming use only if all of the following conditions are satisfied:

(a)

Conformance to Development Title. The use shall comply with all applicable requirements of the Development Title that would have been required at the time the use was established unless a variance or waiver is obtained pursuant to the Chapters 9-805 and 9-806, respectively.

(b)

Permits. The following permits shall be required:

(1)

If the use is permitted in the zone where it is located, a Zoning Compliance Review shall be required; if the use requires an Administrative Use Permit or a Conditional Use Permit in the zone where it is located, then that permit shall be required.

(2)

Other permits that normally would have been required at the time the use was established shall be obtained.

The purposes of the off-street parking and loading regulations are to:

(a)

Ensure that adequate off-street parking and loading facilities are provided for new uses and major alterations and additions to existing uses in order to meet parking demands and to or minimize negative impacts associated with spillover parking onto adjacent streets;

(b)

Address the needs of people traveling by bicycle by requiring short-term and long-term bicycle parking and parking lot designs that offer safe bicycle access;

(c)

Establish standards and regulations for safe and well-designed parking, loading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots;

(d)

Allow reductions in the number of required parking spaces for areas with a diverse mix of land uses with off-setting periods of peak parking demand, for shared parking facilities, and for other situations expected to have lower vehicle parking demand; and

(e)

Reduce urban stormwater run-off.

The provisions of this Chapter shall apply whenever:

(a)

A new building is constructed;

(b)

An existing building, including a legal nonconforming structure, is enlarged, creating an increase for more than 10 percent of the required spaces; or

(c)

The use of any building is changed, and the proposed use requires an increase of more than 10 percent in the number of spaces provided.

(a)

Computation of Required Parking. Whenever the computation of the number of off-street parking spaces required by this Chapter results in a fractional parking space, one additional parking space shall be required for a fractional space of one-half or more. A fractional space of less than one-half shall not be counted.

(b)

No Reduction in Off-Street Parking and Loading Spaces. Off-street parking and loading spaces serving an existing building or use shall not be reduced in number below that which would be required for a new building or use of a similar type under the requirements of this Chapter. All such off-street parking and loading spaces shall remain permanently available and accessible for the parking or loading of vehicles by occupants of the property, except that any surplus spaces may be rented out to non-occupants, or otherwise made publicly accessible, provided that such spaces must be vacated on 30 days' notice if they become needed by occupants of the property.

(c)

Separate Parking and Loading Spaces. No area may be used and counted both as a required parking space and a required loading space. However, maneuvering aisles and driveways may serve both required parking spaces and loading spaces if they meet the requirements of this Chapter for both parking and loading facilities.

(d)

Conversion of Existing Parking Facilities for Shared Use. An existing parking facility is not required to be maintained for the exclusive private use of the land use for which it was constructed as accessory parking. A property owner may submit a parking inventory and occupancy study of off-street parking and on-street parking in the vicinity of the project, conducted by an independent transportation planning and/or engineering consultant, to the Zoning Administrator to demonstrate that a certain share of the existing parking spaces on the property are infrequently utilized. On the basis of this inventory and study, the Zoning Administrator may grant the property owner authorization to dedicate the underutilized portion of the off-street parking to other uses, including leasing such spaces to other businesses, other property owners, or developers of projects within a one-quarter mile walking distance of the facility to provide some or all of their required off-street parking obligations.

(e)

Parking for Disabled Persons. Parking spaces intended for the exclusive use of a Disabled Person permitted vehicle and provision of access for disabled persons shall be provided, as required by the California Building Code, Division 11, Site Accessibility. Such spaces will be counted towards the parking requirements of this Chapter.

(1)

Number. The number of the required off-street parking spaces required for any use by this Chapter to be reserved and be designed for Disabled Person permit holders shall be provided in accord with State law and the following standards:

(2)

Design, Designation, and Location. All parking spaces for Disabled Person permit holders shall, at a minimum, comply with the design, designation, and location requirements of the California Building Code, Division 11, Site Accessibility.

(f)

Nonconforming Parking Facilities. Existing land uses with off-street parking and loading facilities that do not conform to the requirements of this Chapter may be enlarged or expanded; provided, that additional parking and loading facilities shall be added so that the enlarged or expanded portion of the building conforms to the requirements of this Chapter.

(g)

Construction Timing. On-site parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a final approval for the uses that they serve.

(h)

Damage or Destruction. When a use that has been involuntarily damaged or destroyed is re-established, off-street parking and loading facilities must also be re-established or continued in operation in an amount equal to the number maintained at the time of such damage or destruction. It is not necessary, however, to restore or maintain parking or loading facilities more than those required by this Chapter.

(i)

Exceptions.

(1)

Neighborhood Retail. Commercial uses having a gross floor area of 2,500 square feet or less are exempt from the off-street parking and loading requirements of this Chapter.

(2)

Alternative Access and Parking Plans. If an alternative access and parking plan is approved pursuant to Section 9-406.070, the off-street parking requirements shall be subject to the provisions of that plan.

(j)

Motorcycle and Bicycle Spaces. For every four motorcycle or six bicycle parking spaces provided, a credit of one parking space shall be given toward the requirements of this Chapter, provided, however, that the credit for each shall not exceed 1/40th of the total number of standard parking spaces required.

(k)

Front Yard Parking. Parking spaces necessary to meet off-street parking requirements shall not be permitted within the required front yard setback of a residential unit, except as allowed by an Administrative Use Permit.

All applications for development, including applications for Zoning Compliance Reviews, must include a table showing that off-street parking spaces will be provided in the quantities set forth in Table 9-406.040.

(a)

Description of Use Types. Use types are defined Chapter 9-901.

(b)

Requirements Cumulative. Where Tables 9-406.040 set forth more than one requirement for a given use type, those requirements shall be cumulative.

(c)

Spaces Based on Square Footage. The square footage requirements used in Table 9-404.040 to calculate parking spaces refer to the total floor area of all buildings on the lot calculated according to Section 9-102.080 and excluding any area used exclusively for parking and loading in garages or parking facilities.

(d)

Spaces Based on Employees. The employee requirements used in Table 9-404.040 to calculate parking spaces refer to the maximum number of employees who could be working at one time when the facility is operating at full capacity.

(e)

Spaces "To Be Determined." For certain use types, denoted as "TBD" meaning "To Be Determined", the Zoning Administrator shall determine the number of spaces required based on the application and information available on similar uses from the Institute of Transportation Engineers, Parking Generation reports, or other sources. The Zoning Administrator's determination may be appealed to the Planning Commission.

(Ord. No. 4623, § 19, 5-2-2023; Ord. No. 4632, § 14, 9-26-2023)

Required parking spaces shall be located as follows:

(a)

On Same or Adjacent Lot. For dwellings, motels, automobile-oriented services, schools, and all uses in the I-L, I-P, and I-T zones, required parking spaces shall be provided on the same lot as the main building(s) or on an adjoining lot or lots zoned for the main use of the property. The applicant shall be required to show evidence that the off-site parking is reserved for the applicant's use if such parking is on private property.

(b)

Other Uses. For uses not listed in Subsection (a), required parking spaces shall be located on the lot or within 300 feet of the lot on which the main building is located.

The parking area design standards of this section apply to all off-street parking areas. All required parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.

(a)

Parking Lot Design. Parking lot design and dimensions shall be in accordance with Tables 9-406.060-A and 9-406.060-B.

(1)

Compact Spaces. Compact spaces with an eight-foot width and 16-foot length are permitted for up to 25 percent of the required spaces.

(2)

Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table 9-406.060-A, the required aisle width shall be interpolated from the values shown. For example, for a parking angle of 70 degrees, which is one-third of the increment between 60 degrees and 90 degrees, the required one-way aisle width for 9-foot stalls is 21 feet eight inches, which is one-third of the increment between the required aisle widths for 60-degree parking and 90-degree parking, 20 feet and 25 feet respectively.

(3)

Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area.

(4)

Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.

(b)

Recreation Vehicle Parking. The off-street parking of operable recreational vehicles, boats and trailers in Residential zones is only allowed as follows:

(1)

No recreational vehicle, boat or trailer that exceeds 2.5 tons in dry weight, 36 feet in length, or 15 feet in height, not including rooftop equipment, is permitted to be parked, stored or loaded in a Residential zone.

(2)

Permitted recreational vehicles, boats, and trailers, excluding those prohibited by paragraph (1) above, may be parked, stored or loaded on a paved parking space, in any location in which passenger vehicles may be parked, stored or loaded, as long as it does not block the sidewalk and/or driveway. Further, recreational vehicles, boats, and trailers may be parked, stored or loaded in other location as indicated below, provided that no other location on the site ordinarily available for vehicle parking can accommodate the recreational vehicle, boat, or trailer because access to those locations is blocked by a permanent building element such as a structural wall, an eave or a roof. These locations are:

(A)

In areas blocking access to required parking spaces, provided that the spaces being blocked are for a single-family dwelling only and the owner of the recreational vehicle, boat, or trailer resides in that dwelling; and

(B)

In the side and rear yard setback areas, provided that:

(i)

The recreational vehicle, boats, or trailer is located as far as physically feasible from the side lot line, consistent with requirements for light and ventilation into adjoining rooms; and

(ii)

The recreational vehicle, boat, or trailer is located as far to the rear of the lot as is physically consistent with maintaining access to the garage.

(c)

Tandem Parking. Required parking may be arranged as tandem spaces, provided that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment; or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.

(d)

Parking Lifts. Required parking may be provided in parking lifts, provided that, if it is necessary to remove one vehicle from the lift to access another vehicle, the parking shall be subject to the provisions applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The dimensional standards for 90-degree parking shall apply to parking lifts, including the requirement for an aisle of 25 feet. Exterior parking lifts shall be screened from public view.

(e)

Striping. All parking stalls and directional arrows shall be delineated with paint or similar distinguishable material.

(f)

Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces on a site with 10 or more unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

FIGURE 9-406.060 (F): WHEEL STOPS

(g)

Perimeter Curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where the pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

(h)

Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 25,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width as well as by a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

FIGURE 9-406.080 (H): SEPARATION FROM ON-SITE BUILDING

(i)

Surfacing. Except as provided below, all permanent parking lots, including internal circulation and loading areas, in all zones shall be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable, dust free surface. Ingress and egress areas that connect to a paved road or highway shall also be surfaced and permanently maintained with asphalt concrete or Portland cement concrete or with pervious pavements, sand-set pavers, and supported turf systems. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges. Bumper guards and/or wheel stops shall be provided when necessary to protect adjacent structures or properties.

(1)

Exemptions. The following uses have specific provisions for surfacing requirements in the sections cited:

(A)

Truck parking pursuant to Section 9-203.020(b)(2); and

(B)

Produce stands and Agricultural Stores pursuant to Section 9-409.360.

(j)

Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over a large, paved area compared to the surrounding areas. In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years. To the extent maximizing the shading effect causes the trees to be placed in different locations than would be otherwise be required, the placement required by this section controls.

(k)

Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet six inches except for spaces in parking lifts; the minimum vertical clearance for parking for Disabled Persons shall be as required by the California Building Code, Division 11, Site Accessibility,

(l)

Landscaping and Screening. All open parking areas shall be landscaped and/or screened according to the standards set forth in Chapter 9-402.

(1)

Landscape Area Required. A minimum of 10 percent of the interior of any parking lot area shall be landscaped.

(2)

Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.

(3)

Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

(A)

Landscaped planting strips at least five feet wide between rows of parking stalls;

(B)

Landscaped planting strips between parking areas and adjacent buildings or along internal walkways;

(C)

Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

(D)

On-site landscaping at the parking lot perimeter.

(4)

Required Landscaped Islands. A landscaped island at least five feet in all interior dimensions and containing at least one 15-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.

(5)

Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least 10 feet wide shall be provided between any surface parking area and any property line adjacent to a public street unless a different dimension is specified in the base zone standards applicable to a site.

(6)

Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

(7)

Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 10 feet wide between the parking garage and public street.

(8)

Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor.

(9)

Trees.

(A)

Number Required. One for each five parking spaces.

(B)

Distribution. Trees shall be distributed relatively evenly throughout the parking area.

(C)

Species. Tree species shall be selected from a list maintained by the Zoning Administrator.

(D)

Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.

(E)

Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

(m)

Lighting. All off-street parking areas within Commercial and Industrial zones and for projects where the parking area is used at night, shall be provided with exterior lighting that meets the following minimum standards:

(1)

The equivalent of one foot candle of illumination shall be provided throughout the parking area.

(2)

All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to security lighting.

(3)

All lighting shall be designed to confine direct rays to the premises. No spillover beyond the property line shall be permitted, except onto public roads, provided, however, that such light shall not cause a hazard to motorists.

(n)

Access. Access to parking areas shall be provided as follows:

(1)

Access driveways shall have a width of no less than 25 feet for two-way aisles and 16 feet for one-way aisles, except that in no case shall driveways designated as emergency access for fire districts be less than 20 feet wide.

(2)

The parking area shall be designed so that a vehicle will not have to enter a public road to move from one location to another location within the parking area.

(3)

Vehicular access to arterial streets and highways will be permitted only in accordance with driveway locations and access design to be approved by the Director of Public Works. Access to State Routes requires written approval by Caltrans.

(4)

All access from a public street or alley must be designed so that motor vehicles leaving the parking area will enter the street traveling in a forward direction. This requirement does not apply to single-family subdivisions or multiple-family residential properties serving four units or less, unless on a minor arterial or street of a higher classification.

(o)

Electric Vehicle Charging Stations. In parking facilities containing 20 or more spaces serving Multi-Unit Residential and Hotels and Motels, at least three percent of parking spaces shall be electric vehicle (EV) charging stations. Such spaces may be counted towards the parking requirements of this Chapter.

(1)

Size. Electric vehicle charging stations shall be the same size as other spaces, and electric vehicle charging equipment shall not reduce the size of the space.

(2)

Signage. Each electrical vehicle charging station shall be clearly marked with a sign reading "Electrical Vehicle Charging Station" and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging shall be allowed to park in the stalls or spaces so designated.

(3)

Equipment. Electrical vehicle charging stations shall be equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use.

Editor's note— Ord. No. 4623, § 20, adopted May 2, 2023, repealed § 9-406.070, which pertained to alternative compliance with parking requirements and derived from original codification.

Parking and loading space for trucks shall be provided as set forth in this Section.

(a)

Commercial Uses. For commercial uses, one loading space shall be provided for every use with 3,000 square feet of gross floor area or more.

(b)

Industrial Uses. For industrial uses, spaces shall be provided as follows:

(1)

One loading space shall be required for each use having 3,000 to 20,000 square feet of gross floor area;

(2)

For each 20,000 square feet of gross floor area, or major fraction thereof, over 20,000 square feet of gross floor area, one loading space shall be required.

(c)

Truck Terminals Uses.

(1)

One loading space shall be required for each bay;

(2)

Aisles between truck parking areas shall be a minimum of 55 feet wide;

(3)

No parking shall be permitted in the driveways, parking aisles, or maneuvering areas;

(4)

Any truck terminal in operation during nighttime hours shall have 25-foot light standards whose lights are hooded and directed downward so as not to disturb adjoining properties or roads.

(5)

Any entrance or exit to a truck terminal shall have acceleration and deceleration lanes, the criteria for which are to be determined by the traffic study and recognized engineering standards, or other traffic control devices determined to be necessary by the Department of Public Works.

(6)

No vehicle shall be required to obstruct or back onto a public roadway in order to access the terminal.

(7)

Driveway width at the front lot line shall be 40 feet maximum. The design of driveway shall be such as to allow trucks to enter and exit property without entering into opposing lane of traffic.

(8)

Access gates shall be recessed 65 feet from the property line.

(d)

Truck Docks, Loading, and Service Areas. Truck docks, loading areas, and service areas must be screened so as not to be visible from public streets. Drop-off areas may be located at the primary building entry.

(e)

Requited Setbacks and Screening.

(1)

A minimum 10-foot-wide setback shall be maintained along all interior lot lines. If a residence is located on an adjacent parcel within 100 feet of a truck parking site, the setback distance shall be increased to 20 feet.

(2)

A minimum six- to eight-foot-tall fence for screening shall be installed along a property line where truck or trailer parking is located. Screening may consist of a masonry wall or any solid fencing approved by the Zoning Administrator.

(f)

Access Improvements in a Public Right-of-Way. An encroachment permit shall be required for all work within a County, City, or Caltrans road right-of-way. Prior to issuance of any grading or building permit, the driveway approach shall be improved in accordance with the requirements of the County, City or Caltrans standards.

(g)

Design Standards. Design of required spaces, driveways and maneuvering areas shall be as follows:

(1)

Spaces shall be a minimum 25 feet in length and 15 feet in width and shall have minimum height clearance of 14 feet.

(2)

Spaces shall be provided and maintained on the same lot as the commercial or industrial use they serve.

(3)

Spaces shall not interfere with vehicular circulation or parking or with pedestrian circulation.

(4)

On-site driveways and maneuvering areas may be used in lieu of one of the off-street loading spaces required by this Section as long as maneuvering areas for delivery vehicles are provided.

(5)

All maneuvering areas shall be surfaced with all- weather material as defined and approved by the San Joaquin County Fire Chief's Association. Storage areas for trucks and trailers may be surfaced with gravel or higher classification of surfacing.

(6)

The first 20 feet of any driveway and major circulation drive lanes shall be surfaced with pavement or Portland cement concrete to ensure public roadways will be free from debris.

In all Multi-Unit residential projects with 20 or more units and commercial and industrial projects with 20 or more required parking spaces, bicycle parking is required. The minimum number of short-term and long-term bicycle parking spaces required and related facilities that must be provided are listed for specific land use groupings in Table 9-406.090. For land uses not listed in the table, one short-term bicycle parking space and one long-term bicycle parking space shall be provided for every 20 vehicle parking spaces provided on-site. Dimensional standards for Class I and Class 2 spaces are provided in subsection (b) following the table.

(a)

Standards for All Bicycle Parking.

(1)

Class 1 Long-Term Bicycle Parking Spaces. Class 1 spaces shall be located where there is direct access for bicycles without requiring use of stairs. The location of such spaces shall allow bicycles users to ride to the entrance of the space or the entrance of the lobby leading to the space. Use of elevators to access Class 1 spaces is permitted. In residential buildings, Class 1 space shall not be provided within dwelling units, on balconies, or in required outdoor living area. More specifically, Class 1 bicycle parking shall be located:

(A)

On the ground floor within 100 feet of a major entrance to the lobby. In this location, there shall be either: (i) convenient access to and from the street to the bicycle parking space and another entrance from the bicycle parking space to the lobby area, or (ii) a minimum five-foot wide hallway or lobby space that leads to the bicycle parking entrance, where direct access to bicycle parking space from the street does not exist. Such access route may include up to two limited constriction points, such as doorways, provided that these constrictions are no narrower than three feet wide and extend for no more than one foot of distance.

(B)

In a structured parking facility, on the first level of automobile parking either above or below grade, near elevators or other pedestrian entrances to the facility.

(2)

Class 2 Short-Term Bicycle Parking Spaces. Class 2 spaces shall be located near all main pedestrian entries to the use to which they are accessory, whenever possible. With Zoning Administrator approval, Class 2 bicycle parking may be on a sidewalk or in place of an on-street auto parking space within 100 feet of a main entry to the building. If sufficient Class 2 bicycle parking already exists in a public right-of-way immediately fronting a project site, and such spaces are not satisfying bicycle parking requirements for another use, this parking shall be deemed to meet the Class 2 requirement for that project.

FIGURE 9-406.080 (B)(2): SHORT-TERM BICYCLE PARKING

(3)

Design and Installation.

(A)

A bicycle parking space shall be in a paved, level, drained, lighted area consisting of either:

(i)

One side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock; or

(ii)

For Class 1 long-term parking only, a bicycle locker constructed of theft-resistant material with a lockable door that opens to the full width and height of the locker. Bicycle lockers shall be weather-proof if exposed to the elements; or

(iii)

For Class 1 long-term bicycle parking only, wall-mounted racks or wall- or ceiling-mounted hooks so that bicycles may be hung vertically.

(B)

Each bicycle parking space shall be no less than 15 inches wide, by six feet deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two bicycles, 30 inches apart.

(C)

Each row of bicycle parking spaces shall be served by an aisle no less than four feet wide. Rack elements must be placed two feet from walls, fences or curbs.

(D)

Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle.

(E)

Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors.

(F)

The Zoning Administrator may specify preferred installation methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.

(4)

Location.

(A)

Direct access from the bicycle parking to the public right-of-way shall be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance also shall be provided.

(B)

Where bicycle parking is not directly visible and obvious from the right-of-way, signs must be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.

(C)

The Zoning Administrator may require a barrier or curb between bicycle and automobile parking areas on constrained sites to protect bicycles from damage by moving.

(D)

Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it.

(E)

The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation.

(b)

Removal of Abandoned Bicycles. Property owners shall remove abandoned bicycles from short-term and long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one month. This requirement shall not preclude provision of seasonal bicycle storage.

(a)

Number of Spaces Required.

(1)

None Required. No off-street loading spaces are required for uses for which the estimated parking demand in Table 9-406.040 is "none." In addition, no off-street loading spaces are required for Single Unit Dwellings or Duplexes.

(2)

Requirement "To Be Determined." The off-street loading requirement for uses for which the estimated parking demand is "To be determined" ("TBD") shall be determined in the same manner in which the estimated parking demand is determined.

(3)

All Other Uses. The off-street loading requirement for all other uses shall be as set forth in Table 9-406.100.

(b)

Size of Spaces. The size of each type of loading space shall be as follows:

(1)

Small. Small loading spaces shall have a width of no less than 10 feet, a length of no less than 25 feet, and a vertical clearance of no less than eight feet

(2)

Medium. Medium loading spaces shall have a width of no less than 12 feet, a length of no less than 35 feet, and a vertical clearance of no less than 14 feet.

(3)

Large. Large loading spaces shall have a width of no less than 12 feet, a length of no less than 50 feet, and a vertical clearance of no less than 14 feet.

(c)

Modifications. In approving a project, the Zoning Administrator or the Planning Commission, as the case may be, may modify the number and size of loading spaces required because of the nature of the use or the design of the project.

(d)

Maneuvering Areas. All off-street loading spaces shall be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces. Maneuvering areas shall be designed to accommodate the largest vehicle intended to use the loading spaces and shall not be encumbered by parking stalls or physical obstructions.

(e)

Surface and Maintenance. Loading spaces and the maneuvering areas and driveways serving them shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights, properly graded for drainage, and maintained in good condition.

(f)

Location. Loading spaces shall be located on the same lot on which the use for which they are required is located, except that, upon the granting of a Conditional Use Permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a permit, the Planning Commission shall make the following findings in addition to the findings otherwise required:

(1)

That the common loading area results in a more efficient design than individual loading areas serving each use separately;

(2)

That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and

(3)

That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.

(g)

Access to Tenant Spaces Served by Loading Spaces. Buildings served by loading spaces shall be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces is of sufficient width and height to accommodate all material to be loaded and unloaded.

(h)

Availability and Utilization of Loading Spaces. All loading spaces shall be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces shall be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, shall require drivers to use such loading spaces, and shall not allow pick-up and delivery vehicles to be loaded in the public right-of-way.

(i)

Landscaping and Screening. All loading spaces and the maneuvering areas and driveways serving them shall be landscaped and/or screened as required for parking areas by this Chapter.

(j)

Lighting. All exterior loading spaces and the maneuvering areas and driveways serving them shall be provided with lighting meeting the minimums established for parking areas.

The requirements of this Chapter may be modified by the Zoning Administrator in cases in which, due to the unusual nature of the proposed use(s) or the site plan submitted, the requirements set forth in this Chapter are judged insufficient or excessive. In making the decision, the Zoning Administrator may consider transit access, carpooling programs, and significant use of pedestrian and bicycle access. Decisions of the Zoning Administrator pursuant to this Section may be appealed to the Planning Commission under Chapter 9-802, Common Procedures.

(a)

Purpose. The purpose of this Chapter is to establish performance standards to mitigate dangerous or objectionable environmental impacts of commercial and industrial uses, pursuant to the health and safety policies of the General Plan.

(b)

Applicability. These performance standards shall apply to all commercial and industrial uses in the County, except as otherwise provided herein.

All emissions of air pollutants shall be subject to the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District.

(a)

Uses involving electromagnetic forces shall not cause electrical disturbances which adversely affect individuals or the operation of any equipment beyond any lot line of the lot containing such uses.

(b)

The disclosure of potential health effects associated with electromagnetic fields and PCB-contaminated electrical equipment shall be required for residential development projects.

Heat, humidity, or cold emanating from any use shall not be able to be felt by any reasonable person at any lot line of the lot containing such use.

All uses shall be so operated as not to cause odors that are perceptible and offensive to any reasonable person at any residential lot line. Odor control systems shall be provided to control odors.

(a)

Perceptible Vibration. No use shall cause any perceptible vibration at any lot line abutting any zone except within an I-G zone.

(b)

Vibration Within the General Industrial Zone. Vibration along any lot line within an I-G Zone shall not exceed the levels for vibration displacement set forth in Table 9-405.060. Vibration displacement shall be measured by a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings shall be made at points of maximum vibration along any lot line within an I-G Zone.

(c)

Exceptions. The limits of this Section shall not apply to the construction or demolition of structures or infrastructure or to vibration caused by motor vehicles or trains.

The Zoning Administrator may require applicants for industrial or commercial projects requiring discretionary approval to submit such evidence as is necessary to determine whether the project will comply with the performance standards of this Chapter. Failure to submit the information requested within a specified time period shall render the application incomplete. Required information may include, but is not limited to, the following:

(a)

Construction Plans. Plans of construction and development, including proposed grading, use of heavy equipment and pile drivers;

(b)

Production Plans. A description of the machinery, processes, or products to be used or produced on the premises;

(c)

Emission Levels. Measurement of the expected amount or rate of air pollutants and emissions of any dangerous or objectionable elements into the air from the premises; and

(d)

Emission Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the air pollutants and emission of any dangerous or objectionable elements from the premises.

The purpose of this Chapter is to regulate signs as an information system for residents, visitors, and businesses, while also protecting and enhancing the aesthetic character and values of the County and in particular the County's highway corridors, residential neighborhoods, urban and rural communities, commercial/industrial areas, and agricultural areas. This Chapter sets forth regulations that recognize and balance the importance of business activity to the economic vitality of the County; the protection of the public health, safety, and welfare; the value of the visual environment; and recognition of the constitutional right to free speech. The specific objectives of these regulations are to:

(a)

Implement the General Plan and adopted Specific Plans;

(b)

Reflect and support a desirable visual quality of future development throughout the County;

(c)

Attract and direct people to various activities and places in the County;

(d)

Allow for the exercise of free speech by residents and businesses;

(e)

Promote public safety by ensuring that signs are not constructed, located, erected, or maintained in a hazardous manner and do not distract motorists and other users of streets and highways;

(f)

Restrict signs that may create visual clutter or be a nuisance; and

(g)

Provide clear, objective standards for signs that will maintain the aesthetic integrity of the County's urban and rural communities, shopping and employment districts, and agricultural areas.

(Ord. No. 4663, § 1, 12-10-2024)

This Chapter regulates all signs that are located outside of buildings on private property and non-exempt signs in the public right-of-way. This Chapter applies in all zones within unincorporated areas of the County and in all areas subject to Specific Plans or Special Purpose Plans, except as specifically superseded by regulations adopted for individual Specific Plans and Special Purpose Plans.

(a)

Signs Must Comply with this Chapter. In all zones, only such signs that are specifically permitted by this Chapter may be placed, erected, displayed, or used, subject to review and approval.

(b)

Discretionary Review Required. The placement of any permanent sign exceeding the requirements of this Chapter is subject to discretionary review pursuant to Section 9-408.170, Modification of Requirements.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Measuring Sign Height. The height of a sign is the vertical distance measured from the finished grade directly beneath the sign to the highest point at the top of the sign and including any structural or architectural components.

(b)

Measuring Sign Clearance. Sign clearance is the open area underneath a sign, measured as the vertical distance between the finished grade directly beneath the sign and the lowest point of the sign and including any framework or other embellishments.

(c)

Measuring Sign Area. The area of a sign is measured by calculating the area of a continuous rectilinear perimeter enclosing the entire sign face, including channel letters, multiple components, and irregular shapes. The sign area does not include any supporting framework or bracing that is incidental to the display unless they contain lettering or graphics. Measurement samples are shown below:

(d)

Calculation of Frontages. For corner and through lots, allowable freestanding sign area may be calculated separately for each lot frontage. Allowable attached sign area may be calculated separately for each building frontage.

(e)

Regulations for Certain Sign Types. The surface area of certain sign types set forth below shall be computed using the following standards. Measurement samples are included.

(1)

Awning Signs: Only the sign face portion of the awning shall be counted.

(2)

Multi-Section Signs: Only the sign area of each section or module shall be counted.

(3)

Double-Faced Signs: Only the larger side shall be counted as long as the distance between the backs of the sign does not exceed two feet. Where two faces of a sign are located more than two feet apart, or at an angle exceeding 45 degrees from one another, both sign faces will be counted toward the sign area.

(4)

Multi-Faced Sign: On a three-faced sign, where at least one interior angle is 45 degrees or less, the sum of the area of the largest and smallest face shall be counted. In all other situations, the sum of the area of all sign faces that can be seen at one time shall be counted.

(5)

Three-Dimensional Signs: For signs that include one or more three-dimensional object (i.e., balls, cubes, clusters of objects, sculptures, or statues), the sign area counted shall include the sum of two adjacent sides of the smallest cube that will encompass the sign.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Search Lights and Klieg Lights. Search lights and Klieg lights when used as attention attracting devices for commercial uses.

(b)

Signs in the Public Right-of-Way. Any sign placed the public right-of-way or sign projecting into the public right-of-way must be reviewed and permitted, if applicable, by the Department of Public Works. Otherwise, signs in the public right-of-way are prohibited.

(c)

Signs on Door, Windows, or Fire Escapes. Signs located on any building door or window that may prevent free ingress or egress. No sign shall be attached to any standpipe or fire escape except those required by County regulations.

(d)

Signs that Create a Traffic Hazard or Affect Pedestrian Safety. Signs located in a manner that may create a safety hazard or impede the public use of any public right-of-way. These signs include, but are not limited to:

(1)

Signs that obstruct the view of traffic or any authorized traffic sign or signal device;

(2)

Signs that may create confusion with any authorized traffic sign or signal device because of their color, design, illumination, location, or wording; or use of any phrase, symbol, or character that interferes with, misleads, or confuses vehicular drivers in the use of roads; and

(3)

Signs within five feet of a fire hydrant, authorized traffic sign, or signal device.

(e)

Signs that Produce Noise or Emissions. Signs that produce visible smoke, vapor, particles, odor, noise, or sounds that can be heard at the property line, excluding voice units for services customers from the vehicles, provided these units comply with the standards for noise established in this Title.

(Ord. No. 4663, § 1, 12-10-2024)

The following non-temporary signs are exempt from the requirements of this Chapter. These signs are not to be included in the determination of the number, type, or area of signs as specified in this Chapter.

(a)

Agricultural Sign subject to the following standards:

(1)

Maximum Height. Signs may not exceed six feet in height.

(2)

Maximum Sign Area.

(A)

Sixteen square feet on parcels under five acres in size; and

(B)

Twenty-four square feet on parcels five acres or greater in size.

(b)

Barber Poles not exceeding 18 inches in height.

(c)

Change of Business Signs.

(d)

Commemorative Signs.

(e)

Commercial Displays on Vehicles.

(f)

Construction/Development Signs subject to the following standards:

(1)

Maximum Sign Area. Signs shall be no more than:

(A)

Four square feet in Agricultural and Residential zones; and

(B)

32 square feet in all other zones.

(2)

Duration. Signs may be installed for up to 60 days before commending construction and landscape work and must be removed at the time that construction and landscape work is completed.

(g)

Decorations for holidays, religious and cultural observances, or similar celebrations on private property, including decorative lights.

(h)

Flags. See Section 9-400.030, Exceptions to Height Limits for flagpole regulations.

(i)

Fueling Sales Signs.

(j)

Garage/Yard Sale Signs.

(k)

Government Signs.

(l)

Indoor signs and other signs not visible from a street or adjacent property.

(m)

Information Signs.

(n)

Manufacturer's Marks.

(o)

Warning or No Trespassing Signs.

(p)

Window Signs not preventing free ingress/egress.

(Ord. No. 4663, § 1, 12-10-2024)

The following sign design principles shall be used as criteria for review and approval of signs and Master Sign Programs pursuant to Section 9-408.160:

(a)

Legibility. Signs shall be designed to be legible and readable for passersby as to not create hazards.

(1)

Colors chosen for sign text and graphics should have sufficient contrast with the sign background in order to be read easily; and

(2)

Symbols and logos can be used in place of words.

(b)

Visibility. A sign should be conspicuous and readily distinguishable from its surroundings, so a viewer can easily see the information it communicates.

(Ord. No. 4663, § 1, 12-10-2024)

Unless otherwise specified in this Chapter, the following standards apply to all signs. Dimensional standards and restrictions are set forth in Section 9-408.080.

(a)

Changes to Sign Copy. Unless otherwise specified by this Chapter, all permitted signs may use manual or automatic changeable copy. No discretionary review is required for a change in sign copy.

(b)

Electrical Systems to be Concealed. External conduits, boxes, and other connections related to the function of a sign and associated lighting shall not be exposed. A switch disconnecting each circuit shall be placed in plain sight and near the inspection opening.

(c)

Illumination. Signs may be illuminated, subject to the standards of Chapter 9-403, Lighting and Illumination, and the following requirements:

(1)

Shielding Required. External light sources must be directed, shielded, and filtered to limit direct illumination of any object other than a sign.

(2)

Light Sources Adjacent to Residential Zones. Illuminated signs located adjacent to any residential zone shall be controlled by a rheostat or other acceptable method to reduce glare that will create a nuisance for residential mixed-use buildings in a direct line of sight to the sign.

(d)

Maintenance. All signs, including exempt signs, shall be properly maintained.

(1)

Signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, and other surface deterioration;

(2)

Illuminated signs shall function as designed and permitted;

(3)

Exposed surfaces shall be clean and painted, when required; and

(4)

All defective parts shall be replaced.

(e)

Materials. Signs shall be made of sturdy, durable materials.

(1)

Paper, cardboard, or other materials subject to rapid deterioration may only be used for temporary signs.

(2)

Fabric signs are restricted to awnings, canopies, flags, and temporary signs.

(f)

Message Neutrality. This Chapter regulates signs in a manner that is content neutral as to noncommercial messages that are protected by the first amendment of the U.S. Constitution and the corollary provisions of the California Constitution.

(g)

Message Replacement. A noncommercial message of any type may be replaced in whole or in part, for any duly permitted commercial message, and any noncommercial message not previously approved as a commercial message may be replaced in whole or in part, for any other noncommercial message.

(1)

No Additional Approval. Such substitution of message may be made without any additional approvals.

(2)

Limitations. This message substitution provision does not:

(A)

Create a right to increase the total amount of signage on a parcel, lot, or land use;

(B)

Affect the requirement that a sign structure or mounting device be properly permitted;

(C)

Allow for a change in the physical structure of a sign or its mounting device; or

(D)

Authorize the substitution of an off-site commercial message or in place of a noncommercial message.

(h)

Minimum Clearance from Utilities. Signs and supporting structures shall maintain clearance from and not interfere with electrical conductors, communication equipment, or lines, underground facilities, and conduits.

(i)

Nonconforming Signs. Signs that do not conform to this Chapter upon its adoption or amendment may continue to be used and maintained, and need not be modified to conform to the standards of this Chapter, except as required for safety, maintenance, and repair.

(1)

If any such sign is relocated, or requires a repair that changes the size or construction of such a sign, the sign shall be brought into conformance with the standards of this Chapter; and

(2)

If any such sign is removed by any means, including circumstances beyond one's control, any replacement sign shall conform with the standards of this Chapter.

(j)

Permitted Sign Locations.

(1)

Attached Signs. Signs may be located on a building wall, canopy fascia, under canopy, mansard roof, or roof, and may face a parking lot, mall, street, driveway, walkway, alley, or freeway.

(2)

Freestanding Signs. All freestanding signs shall be located on the lot or parcel on which the use identified is located, except in a commercial, office, or industrial complex where such a sign may be located on any lot or parcel in the complex where the use identified is located.

(3)

Required Setbacks. All portions of a sign must be setback a minimum of five feet from all property lines.

(4)

Sign Projection from a Building Face. Building signs shall not project more than 12 inches from the building façade on which they are placed with the following exceptions.

(A)

Mansard and Roof Signs may project such a distance from the face of the roof necessary for the sign face to be perpendicular to the floor of the building.

(B)

Blade, Marquee, and Three-dimensional Signs may be oriented perpendicular to the adjacent wall of the business being identified.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Sign Classifications. Sign regulations are separated by zone and intensity of use as follows:

Group A: Residential uses in all zones

Group B: Development Projects in all residential zones

Group C: High intensity commercial uses, includes development projects in the C-G, C-C, C-FS, C-RS, and P-F zones

Group D: Low intensity commercial uses, includes development projects in the C-N, C-O, C-L, C-X, and M-X zones

Group E: High intensity industrial uses, includes development projects in the I-G zone

Group F: Low intensity industrial uses, includes development projects in the I-L, I-W, I-P, and A-PX zones

Group G: Agricultural uses in the AG, AL, and AU zones

Group H: Development projects in the AG, AL, and AU zones

Group I: Rural development, includes development projects in the I-T, C-R, and AI zones

(b)

Permitted Signs by Classification. All non-temporary signs shall be consistent with the sign types permitted by classification set forth in Table 9-408.070.

(c)

Maximum Permitted Sign Area and Number by Classification. The maximum allowable sign area may apply to individual signs or combined signs as contained in the table below. For design criteria for individual signs see Section 9-408.090 Dimensional Standards by Sign Type.

(1)

For Developments with Multiple Tenants additional sign area may be permitted as follows:

(A)

Group C: An additional 20 square feet may be added to the maximum size of both attached and freestanding signs for each tenant above one. The combined total for all freestanding signs shall not exceed 140 square feet.

(B)

Group D: An additional 15 square feet may be added to the maximum size of both attached and freestanding signs for each tenant above one. The combined total for all freestanding signs shall not exceed 120 square feet.

(C)

Group E: An additional 20 square feet may be added to the maximum size of freestanding signs for each tenant above one, not to exceed a combined total of 140 square feet.

(D)

Group F: An additional 20 square feet may be added to the maximum size of freestanding signs for each tenant above one, not to exceed a combined total of 140 square feet.

(E)

Group I: An additional 15 square feet may be added to the maximum size of both attached and freestanding signs for each tenant above one. The combined total for all freestanding signs shall not exceed 120 square feet.

(d)

Special Sign Regulations for Residential Zones.

(1)

Signs Allowed by Right.

(A)

Permanent attached signs on single-unit and two-unit residential buildings provided that:

(i)

The total area of all will signs shall not exceed three square feet per building.

(ii)

No attached sign shall project more than six inches from the building wall.

(B)

Permanent, non-illuminated freestanding signs on any developed residential lot, provided that:

(i)

The total area of all such signs shall not exceed one and one-half square feet per lot or per unit, whichever is greater.

(ii)

No sign shall exceed four feet in height.

(C)

One permanent, non-illuminated attached sign at the entrance of any multi-tenant building, not exceeding 20 square feet and not projecting more than 6 inches.

(2)

Signs Allowed with a Building Permit.

(A)

Housing Development Signs not to exceed 50 square feet for each entrance of a subdivision or multi-family housing development.

(B)

Multi-unit Building Signs not to exceed 20 square feet for each building containing 10 or more units.

(C)

Home Occupation Signs not to exceed four square feet for approved home occupation businesses located in a single-family or two-family dwelling.

(e)

Special Sign Regulations for Freeway Services Commercial Zone. On parcels located in the Freeway Services Commercial Zone, one pole sign may be oriented towards the freeway and one monument sign may be oriented towards the local access street.

(f)

Special Sign Regulations for Agricultural Zones.

(1)

Signs for Produce Stands.

(A)

Maximum Number of Signs Permitted: 6 combined freestanding and attached signs.

(B)

Maximum Size: 24 square feet per sign face.

(C)

Maximum Height for Freestanding Signs: 15 feet.

(D)

Location: Within 1,000 feet of the produce stand. Four of the allowable signs may be located off-site if located within the 1,000-foot radius.

(E)

Illumination: Signs shall not be illuminated.

(2)

Development Project Signs may not be placed within 75 feet of any existing freestanding sign.

(Ord. No. 4663, § 1, 12-10-2024)

Dimensional standards listed by sign type are contained in Table 9-408.090 on the following pages. A combination of signs designed to these standards may be permitted (see Section 9-408.080(b) Permitted Signs by Classification), and must not exceed the maximum permitted sign area contained in Section 9-408.080(c).

Expand

TABLE 9-408.000: DIMENSIONAL STANDARDS
AWNING & PROJECTING SIGNS
Dimension			Location and other requirements
Maximum Area (sloping plane)	50% coverage	①	Minimum Clearance	8 ft.	④
Maximum Area (valence)	50% coverage	②
Maximum Area (projecting)	1 sq. ft. per linear ft. of building frontage	③
BLADE SIGNS
Dimension			Location and other requirements
Maximum Area	12 sq. ft.	①	Minimum Clearance	8 ft.	③
Maximum Projection	5 ft.	②
MARQUEE SIGNS
Dimension			Location and other requirements
Maximum Area	6 sq. ft.	①	Minimum Clearance	8 ft.	④
Maximum Width	2 ft.	②	Maximum Projection	2 ft.	⑤
Maximum Height	4 ft. A marquee sign may not extend above the parapet or eave of the building	③
WALL SIGN
Dimension			Location and other requirements
Maximum Area	2 sq. ft. per linear ft. of building frontage	①	Minimum Clearance	8 ft.	③
Maximum Height	Maximum 8 ft.	②	Maximum Projection	1 ft.	④
ROOF & MANSARD SIGN
Dimension			Location and other requirements
Maximum Area	0.5 sq. ft. per linear ft. of building frontage up to 40 sq. ft.	①	Maximum Length	80% of building frontage	③
Maximum Height of Sign Face	Maximum 4 ft.	②	Relation to Roof Height	A roof sign may not extend above roof ridgeline	④
FREESTANDING SIGNS
Dimension
Maximum Area	140 sq. ft.	①	Maximum Height	See Table 9-408.070(c)	②

 

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Readerboard Signs. Readerboard signs with manually or electronically changeable copy may be displayed in lieu or building-mounted or freestanding signs, subject to the following requirements.

(1)

Residential Zones. Readerboard signs located in a residential zone shall not be changed more than twice during any 24-hour period.

(2)

School Sites.

(A)

Schools may be permitted one readerboard sign per lot frontage. Additional readerboard signs may be allowed for internal notifications, not facing a public street.

(B)

Each readerboard sign shall not exceed 80 square feet in area and eight feet in height.

(3)

Religious and Public Assemblies Not for Commercial Entertainment. Public and religious assemblies that are not engaged in entertainment may be permitted one readerboard sign as follows.

(A)

Sites One Acre in Size or Less. One readerboard monument sign up to 16 square feet and six feet in height or one building mounted readerboard sign up to 24 square feet may be permitted.

(B)

Sites Greater than One Acre in Size. One readerboard monument sign up to 24 square feet and six feet in height or one building mounted readerboard sign up to 24 square feet my be permitted.

(C)

Time Limits. The copy shall not be changed more than once per any 20-hour period.

(D)

Public and religious assembly uses located within an office, commercial, or industrial complex may be allowed one readerboard sign serving the assembly use in lieu of the permitted monument sign for the development.

(4)

Public Entertainment Venues. Public entertainment venues may be permitted one freestanding readerboard sign or one building mounted readerboard sign per use, as follows:

(A)

Sites Under 15 Acres. One readerboard monument sign up to 40 square feet and six feet in height or one building mounted readerboard sign may be permitted. A building mounted readerboard sign shall not exceed one and one-half square feet per linear foot of building frontage up to 100 square feet.

(B)

Sites 15 Acres or Greater. One readerboard monument sign up to 65 square feet and 15 feet in height or one building mounted readerboard sign may be permitted. A building mounted readerboard sign shall not exceed one and one-half square feet per linear foot of building frontage up to 100 square feet.

(b)

Electronic Message Center Sign.

(1)

Electronic Message Center (EMC) signs are permitted in non-residential developments ten acres or greater, subject to the following requirements:

(A)

EMC are only permitted on sites adjacent to a highway or freeway.

(B)

EMC are not permitted within or adjacent to any residential zone.

(C)

EMC must not exceed 720 square feet.

(D)

EMC must not exceed 50 feet in height.

(E)

No EMC must be located within 2,500 feet of another EMC 200 square feet in size or greater.

(F)

Displays may contain only static messages and shall not include movement of any portion of the sign including sign structure, design elements, or pictorial segments of the sign. Movement includes the appearance of movement created by illumination, flashing, scintillating, or varying of light intensity.

(G)

All EMC displays shall be equipped with a sensor or other device that automatically determines ambient illumination and is programmed to dim automatically according to ambient light conditions or can be adjusted to comply with the illumination requirements in subsection 6 [F] of this Section.

(H)

The County shall be provided access to a portion of the digital display time to allow for messages of community interest, including public safety messages, such as Amber alerts and other emergency management information.

(2)

Electronic Message Center Signs placed on publicly owned land solely for County messages for community interest are exempt Government Signs subject to the following requirements:

(A)

No content promoting private or non-County services is allowed on exempt EMCs. These EMCs can be used to display a variety of messaging campaigns, including, but not limited to:

(i)

Public service advisories;

(ii)

Campaigns to raise awareness and provide information about issues important to the community;

(iii)

Promotion of County services available to the public; or

(iv)

Local and regional emergency advisories and alerts, such as public health messaging campaigns and other important safety advisories.

(B)

County EMCs are subject only to subsections (C), (D), (G), and (H) of Section 9-408.090(1).

(Ord. No. 4663, § 1, 12-10-2024)

(a)

General Requirements.

(1)

General.

(A)

Residential Zones. Up to 2 temporary signs may be displayed on a property. Each temporary sign may not exceed 12 square feet.

(B)

Non-Residential Zones. Each property or establishment in non-residential zones may display temporary signs in addition to the permitted permanent signage as specified in this Section.

(C)

Required Setbacks. All portions of a sign must be setback a minimum of five feet from driveways and street intersection, and 20 feet from other portable signs.

(D)

Locational Criteria. Except portable signs, no temporary signs may be placed in any public right-of-way.

(E)

Illumination. Temporary signs cannot be illuminated.

(F)

Prohibited Materials. Temporary signs, not including window signs, shall not be made of standard paper or other materials subject to rapid deterioration.

(G)

Multiple Temporary Signs. To place 250 or more temporary signs, the signs must include the name and contact information of the party responsible for the signs.

(b)

Permitted Temporary Signs by Temporary Sign Type. All temporary signs shall be consistent with the requirements set forth in Table 9-408.110 and this section. For specific criteria for temporary sign types, see Section 9-408.110(b)(1) Standards by Temporary Sign Type.

(1)

Standards by Temporary Sign Type.

(A)

Banners and Pennants. Banner signs and pennants, including similar such as strings or ornamental fringes or streamers, are allowed for establishments in non-residential zones.

(B)

Portable Signs. Portable signs are allowed for establishments in non-residential zones, subject to the following standards:

(i)

The combined total of all portable signs shall not exceed 18 square feet.

(ii)

Prohibited Locations. Portable signs shall not be placed in any roadway; in any parking lot driving lane, aisle, or stall; or at any location where the sign will block pedestrian access or create a safety hazard.

(C)

Real Estate Signs. On-premises signs conveying information about the sale, rental, or lease of the lot, dwelling, or premises, not including residential subdivision signs, are allowed subject to the following standards:

(i)

General Standards. Any property owner or their agent may display a sign that advertises the property for sale, rent, or lease.

(ii)

Identification Required. Real estate signs must include the name and contact information for the real estate representative or company.

(D)

Residential Subdivision Signs. On-site informational signs for the sale of lots within a residential subdivision of five or more parcels are allowed. Off-site directional signs for residential subdivisions of five or more parcels are allowed subject to the following standards:

(i)

Additional Dimensional Standards. Signs may be single sided, double-faced, or V-shaped. Each panel on a double-faced or V-shaped sign counts as one sign. Double-faced sign panels must be no greater than 24 inches apart. V-shaped sign panels must be angled not to exceed 45 degrees.

(ii)

Additional Locational Criteria. Signs may be placed on non-residentially zoned parcels or on residentially zoned parcels located within the residential subdivision being advertised that are unoccupied, vacant, and free from any structures. Portable signs must not be placed in prohibited locations as defined in Section 9-408.110(a)(1)(B)(ii).

(iii)

Combination Signs for Multiple Subdivisions. Signs advertising up to four nearby residential subdivisions may be utilized. Information for each residential subdivision may not exceed the standards set forth in Table 9-480.110.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Designation; Findings Required. The Director may designate a historic sign following notice to the sign owner upon finding that the sign is 50 or more years old and has significance to the County because it is associated with a significant historical event or historic business.

(b)

Allowances for Historic Signs.

(1)

Structural Improvements. Historic signs may have structural improvements completed in order to extend the life of the sign provided these improvements do not increase the original sign area or height.

(2)

Damage Repairs. If the sign is damaged, it may be repaired or replaced with a sign consistent with the original sign area and height, even if the sign does not conform to the standards of this Chapter.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Applicability. For the purposes of this section, a closed business sign is any sign located outside of a building that advertises or identifies a use, activity, business, service, or product no longer offered or conducted in a building that continues to be displayed 30 days after the use, activity, business, or service has vacated the building.

(b)

Removal or Covering Required. All closed business signs must be removed or completely obscured from public view within 90 of a business closure. To be obscured from public view, a sign must be completely covered with a solid material, such as plywood, that is securely fastened to the sign or its supporting structure. The cover must be painted to match the color of the building or sign.

(Ord. No. 4663, § 1, 12-10-2024)

Except as otherwise specified in this Section, all new or replacement off-premises outdoor advertising signs, including billboards, shall comply with the following regulations:

(a)

General Requirements. The following standards apply to all off-premises signs unless more restrictive standards are set for specific types of off-premises signs:

(1)

Dimensional Standards. An off-premises sign shall not exceed 672 square feet in area, including all boarders and trim, per sign face. The sign may not exceed 48 feet in length.

(i)

Height. Off-premises signs shall not exceed 45 feet in height unless located in an industrial zone where the sign shall not exceed 75 feet in height.

(2)

Location. All off-premises signs must be located a minimum of 1,000 feet from all other off-premises signs along either side the same street. All billboard signs must be located within 660 feet of an Interstate freeway or State highway.

(b)

Off-Premises Directional Signs for Wineries and Wine Cellars. Off-premises directional signs for wineries and wine cellars are permitted subject to the following standards:

(1)

Maximum Number. One off-premises directional sign is allowed per parcel.

(2)

Dimensional Standards. Off-premises directional signs may not exceed 15 feet in height.

(3)

Location. Off-premises directional signs may be permitted in all agricultural and industrial zones, and in the C-C, C-G, C-FS, C-RS commercial zones.

(c)

Digital Billboards. Digital billboards are subject to the following standards:

(1)

Location. Digital billboards are only permitted on parcels with highway or freeway frontage. The signs must be located a minimum of 2,500 feet from any other digital billboard, and 500 feet from any agricultural or residentially zoned parcels.

(2)

The County must be provided access to a portion of the total available display time to allow for messages of community interest or for displaying public safety information, such as Amber alerts or emergency management information.

(3)

All electronic message displays shall be equipped with a sensor or other device that automatically determines ambient illumination and is programmed to automatically dim according to ambient light conditions or that can be adjusted to comply with the illumination requirements included in Section 9-408.060, General Standards.

(d)

Gateway Signs. A gateway sign advertising businesses or services available within an urban or rural community may be allowed, subject to the following standards:

(1)

Sign type. Gateway signs must be freestanding signs.

(2)

Dimensional Standards. Gateway signs may not exceed 400 square feet in size and 30 feet in height.

(3)

Location. Gateway signs may be located along any arterial road, highway, or freeway at a key entrance to an urban or rural community.

(4)

Community Identification. The identity of the community for which the sign is intended must be depicted on the sign, and may include a logo, architecture, or iconic signage, as appropriate.

(e)

Relocation and Removal of Existing Billboard Signs.

(1)

Relocation of Existing Billboard Signs. Existing billboard signs may be relocated with concurrent approval of a billboard relocation agreement by the Board of Supervisors consistent with the California Business and Professions Code Section 5412 and other applicable State laws.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

General Requirements.

(1)

A building permit is required to erect, construct, install, structurally alter, or relocate any non-exempt sign unless the sign is explicitly allowed without a building permit.

(b)

Review Required for Certain Temporary Signs. No temporary sign shall be posted in a County right-of-way, landscaped area, or park before the Director of Public Works has confirmed in writing that the proposed posting will not interfere with the ordinary use and enjoyment of the area, underground irrigation or utilities, or line of sight for motor vehicles, bicycles, and pedestrian traffic.

(Ord. No. 4663, § 1, 12-10-2024)

(a)

Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a development project with the overall design of the development to achieve a more unified appearance. A Master Sign Program may allow for minor variations in dimensional standards and other limitations of this Section, provided the Master Sign Program achieves a result that is superior to what would otherwise be allowed.

(b)

Applicability and Approval Required. Master Sign Programs may be approved with an Administrative Use Permit with the modifications as provided in this Chapter.

(1)

Required Master Sign Programs. A Master Sign Program is required for:

(A)

New or remodeled commercial and industrial project on sites two acres or greater in size;

(B)

Shopping center developments; and

(C)

Any development within a Planned Development Zone.

(2)

Optional Master Sign Programs. A Master Sign Program may be substituted for specific sign designs and sign programs for individual buildings if requested by an applicant.

(c)

Requirements for Submittal. Applications for a Master Sign Program must include the following:

(1)

A site plan depicting the proposed location of each sign and existing signs that are to remain;

(2)

Sign dimensions including computation of the number of signs, the maximum total sign area, the maximum area allowed for individual signs, the height of signs;

(3)

A written program of standards for all sign types to be distributed to future tenants including colors, size, illumination, construction details, and sign placement; and

(4)

A list of any exceptions to the sign standards included in this Chapter that would otherwise apply.

(d)

Required Findings. Prior to approving an application for a Master Sign Program, the Zoning Administrator shall find that all of the following are true:

(1)

The proposed signs are consistent with and visually related to:

(A)

Other signs in the project by incorporating common design elements including materials, style, colors, illuminations, sign type, or sign shape.

(B)

The buildings the signs identify by utilizing materials, colors, or design motifs included in the building being identified.

(C)

The surrounding development by not adversely affecting any surrounding land uses and adjacent businesses or obscuring existing conforming signs.

(2)

The proposed signs are appropriate for the size and character of the development and existing signs in the vicinity.

(3)

The proposed signs will comply with all provisions of this Chapter except with regards to the specific exceptions requested and approved, which may include the number, height, size, and location of signs.

(e)

Post-Approval Procedures. After approval of a Master Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with the Program. The Program may be enforced in the same way as any provision of this Title.

(1)

Lease Agreements. The Master Sign Program and all Conditions of Approval shall be attached to the lease agreements for all leasable spaced with a project.

(2)

Individual Signs. Any sign that conforms to an approved Master Sign Program may be approved by the Director, however, approval of a Master Sign Program does not waive the permit requirements for individual signs.

(3)

Amendments. The Director may approve amendments to a Master Sign Program that are in substantial conformance with the original approval and do not change dimensional requirements for allowable signs by more than 25 percent. All other amendments, including amendments to Conditions of Approval, shall be processed as a new application.

(Ord. No. 4663, § 1, 12-10-2024)

The requirements of this Chapter may be modified through the Administrative Use Permit process in Chapter 9-802 Common Procedures in cases in which, due to the unusual nature of the proposed use(s) or the site plan submitted, the requirements set forth in this Chapter are judged insufficient or excessive pertaining to height, square footage, and number of signs. In considering modifications, the Review Authority shall find that:

(a)

The proposed signs are consistent with the size of the facility and related structures, the location of the public access to the development, and other signage of in the vicinity, and

(b)

The height, size, and number of proposed signs are the minimum required to identify and direct the public to the activities, services, and products available on-site.

(Ord. No. 4663, § 1, 12-10-2024)

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

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Intent. This section provides a method for increasing affordable housing opportunities by providing options for new ADUs and JADUs, consistent with state law.

(b)

Where Allowed; General Requirements and Restrictions. One ADU and one JADU may be constructed or otherwise permitted on a lot in any zone which allows a single-family dwelling as a permitted use. Multiple converted or detached ADUs may be constructed on a lot with an existing multi-family use, where consistent with Government Code Section 65852.2(e)(1)(C) and (D).

(c)

Types of Units Allowed. The types of units allowed include an attached ADU, detached ADU, converted ADU, interior ADUs, or JADUs.

(d)

Relation to Primary Dwelling Unit. To construct or convert an ADU, there must be a primary dwelling unit on the same legal parcel.

(e)

Relation to General Plan and Zoning Density Limits. An ADU that conforms to the standards of this section shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the General Plan and zoning designations for the lot. The ADU shall not be considered in the application of any County ordinance, policy, or program to limit residential growth except where water or sewer system capacity constraints have been identified by the Department of Public Works.

(f)

Permanent Address. The property owner shall obtain an approved permanent address for an ADU and JADU from the Community Development Department.

(g)

Availability of Water and Sewer Service. Prior to issuance of a building permit for an ADU, the property owner must provide information that adequate water and wastewater disposal service is available, either from a service provider or from a well and on-site septic system.

(1)

Areas Served by Public Utilities. The County has identified certain areas, shown in Figure 9-409.020(g)(1) where there are capacity constraints in the local sewer collection system. In these areas, a determination of adequate water and sewer collection for the proposed ADU by the Department of Public Works is required.

(2)

Areas Served by Private Services. An ADU to be served by an on-site well system is subject to the provisions of Chapter 9-601, and an ADU to be served by a private on-site wastewater disposal system is subject to the provisions of Chapter 9-605.

(h)

Fees. The property owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees, except as specifically provided in Government Code Section 65852.2 and 65852.22. No impact fee shall be charged for development of an ADU less than 750 square feet in size. In this context, the term "impact fee" does not include any connection fee or capacity charge established by the County or other local agency, special district, or water corporation.

(i)

ADUs Subject to Flood Hazards. All ADUs located in a floodplain designated pursuant to Chapter 9-702, Flood Hazards, shall comply with the provisions of that Chapter.

(j)

Restrictions. All ADUs and JADUs are subject to the following restrictions:

(1)

The development and use of the ADU or JADU shall only be valid and permitted based on the terms established in this section.

(2)

Prior to issuance of a building permit for an ADU, the property owner shall sign an application confirming to the Community Development Department that the project meets the following requirements:

(A)

The ADU shall not be sold separately from the primary residence;

(B)

The ADU is restricted to the maximum size approved by an ADU Permit;

(C)

The property owner and all successors in interest in the property shall respond to the County's periodic surveys of owners of ADU for reporting purposes to the State Department of Housing and Community Development; and

(D)

If the ADU is rented, it shall not be rented for a period of less than 30 consecutive days.

(3)

Prior to issuance of a building permit for a JADU, the property owner shall record a deed restriction with the County Recorder's Office and provide a copy of the deed restriction to the Community Development Department, including the following restrictive covenants:

(A)

The JADU shall not be sold separately from the primary residence;

(B)

The JADU is restricted to the maximum size allowed by this section or as approved by a building permit for the JADU;

(C)

The property owner and all successors in interest in the property shall respond to the County's periodic surveys of owners of JADUs for reporting purposes to the State Department of Housing and Community Development; and

(D)

If the JADU is rented, it shall not be rented for a period of less than 30 consecutive days.

(k)

Permits Required.

(1)

Building Permits. Applicants for ADUs and JADUs must submit a building permit application and an ADU application to the Community Development Department to ensure that the standards of this section are met. The Department shall not issue a building permit without an approved ADU/JADU application. The County shall not final building permits for an ADU or JADU before it finals building permits for the primary dwelling.

(2)

Other Required Approvals. Projects are also subject to applicable permit requirements and approvals, including but not limited to building permits, grading permits, encroachment permits, home occupation permits, flood variances, if required, sanitation permits, well permits, and other construction-related permits and approvals.

(l)

ADU Permit Applications. Requests for approvals of ADUs and JADUs may be initiated by the property owner or the property owner's authorized agent by submitting a building permit application and an ADU/JADU application to the Community Development Department. Applications must be complete and confirm that the proposed ADU/JADU complies with all of the requirements in this section. No public hearing is required. A fee, as specified by resolution of the Board of Supervisors, shall be required. All of the following minimum requirements shall be met when filing a building application and an ADU/JADU application:

(1)

Primary Residence. There shall be no more than one primary single-family dwelling on the property.

(2)

Owner Occupancy - JADUs Only. The owner of the property shall occupy either the existing single-family dwelling or the proposed JADU for a period exceeding 90 days per year.

(3)

Number of Units. There shall be no more than one ADU and one JADU per lot.

(m)

Permit Review Procedure. ADU permit applications shall be reviewed ministerially by the Zoning Administrator pursuant to the procedures in Chapter 9-803, Zoning Compliance Review.

(1)

The Zoning Administrator shall act on an ADU/JADU application within 60 calendar days from the date the County receives a complete application provided there is an existing single-family or multifamily dwelling on the lot.

(2)

If the building permit application to create an ADU or JADU is submitted with a building permit application to create a new single-family dwelling on the lot, the County may delay acting on the permit application for the ADU until it acts on the building permit application to create the new single-family dwelling. The ADU/JADU application shall still be considered ministerially without discretionary review or a public hearing.

(3)

If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay through a tolling agreement.

(4)

If the local agency has not acted upon the complete application within 60 days, the application shall be deemed approved.

(n)

Building Plans.

(1)

An ADU shall include provisions for living, eating, cooking and sleeping, including a closet or other reasonable storage.

(2)

All exterior lighting, including landscape lighting, shall be shielded or directed so that it does not create glare off-site or illuminate the primary dwelling or adjacent property.

(3)

An ADU shall have separate exterior access.

(o)

Development Standards for ADUs.

(1)

Maximum Size of Unit. There is no limitation on the maximum floor area of an ADU based on square footage, but other standards (e.g., height and setbacks) may limit the ultimate size of the unit.

(2)

Height. An attached ADU or detached ADU shall not exceed the maximum heights established for ADUs for the zone where the unit is located.

(3)

Location. Detached ADUs shall be separated for the primary dwelling and any accessory structures on the lot by the minimum required by the California Building Code as adopted by the County.

(4)

Setbacks. No setback shall be required for an interior ADU or converted ADU, and a setback of no more than four feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed.

(p)

Off-Street Parking. Off-street parking shall be provided as required by Chapter 9-406. The minimum parking requirement for an ADU shall be one parking space. This space may be provided as tandem parking on an existing driveway or in a setback area. No parking shall be required for a JADU, and no additional parking shall be required if the ADU is located: (1) within one-half mile of public transit; (2) in an historic district designated by the County; (3) in part of an existing primary residence or an existing accessory structure; (4) in an area requiring on-street parking permits but they are not offered to the occupant of the accessory dwelling unit; or (5) within one block of a car-share pick up/drop-off location. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking provided by the garage, carport or covered parking structure does not have to be replaced.

(q)

Common Driveway. Except in Agricultural zones, R-R zones, and where direct access will be provided from a different street than for the primary dwelling, the ADU shall be accessed by a common driveway serving both the ADU and the existing or proposed single-family residence and having a single access point or by a circular driveway with two access points.

(r)

Sewer and Water.

(1)

Both the proposed ADU and the existing single-family dwelling shall have provisions for water and wastewater disposal in accordance with Chapters 9-602 and 9-604, respectively.

(2)

In the R-R and Agricultural zones, the proposed ADU may be served by a private on-site wastewater disposal system, subject to the provisions of Chapter 9-605, provided the existing single-family dwelling is also served by a private on-site wastewater disposal system. A mandatory connection to a public wastewater disposal system is not required for an ADU if the Environmental Health Department determines that there is a suitable area on the lot for a septic tank. Otherwise, the proposed ADU shall be served by a public wastewater disposal system.

(3)

In the R-R and Agricultural zones, the proposed ADU may be served by an on-site well system, subject to the provisions of Chapter 9-601, provided that the existing single-family dwelling is also served by an on-site well system. Otherwise, the proposed ADU shall be served by a public water system.

(s)

Other Codes. The ADU shall conform with all the requirements of the Environmental Health Department that are applicable to residential units in the zone in which the property is located. All ADUs must satisfy building, fire, and safety standards, such as fire lane widths, minimum fire flows, and emergency egress, as established through State of California's Fire and Building Codes and as amended by the County.

(t)

Requirements for Manufactured Homes. If the ADU is a manufactured home, it shall be installed on a permanent foundation, and the following additional requirements shall apply:

(1)

No permanent room additions shall be allowed, but patio covers constructed of the same materials as the manufactured home shall be permitted; and

(2)

Skirting constructed of the same materials as the manufactured home shall be installed.

(u)

Supplemental Standards for Attached ADUs.

(1)

An attached ADU must share at least one common wall or roofline with the living area of the principal dwelling.

(2)

An attached ADU shall have a separate entrance, located on the side or the rear of the ADU; provided, however, that in no event shall any external stairwell be placed within the side yard setback.

(v)

Supplemental Standards for Detached ADUs.

(1)

The distance between the principal dwelling and a detached ADU must be the minimum distance required by the California Building Code.

(2)

A detached accessory structure legally in existence prior to the effective date of this Section and located outside of the front yard setback, may be converted into an accessory dwelling unit, regardless of any existing nonconformity as to side setback, rear setback, or height if:

(A)

The existing structure is not modified or added to in any way that increases the level of nonconformity with all applicable regulations in Title 9; and

(B)

The minimum parking requirements are met on site.

(w)

JADUs.

(1)

Size of Unit. JADUs shall not exceed 500 square feet of floor space. An efficiency unit (a single room that includes sleeping and kitchen function) shall not contain less than 150 square feet of floor space, exclusive of a bathroom.

(2)

Building Plans.

(A)

A JADU must be contained entirely within the existing walls of a single-family dwelling and include conversion of an existing bedroom or other space within the dwelling to habitable space.

(B)

A separate exterior entry shall be provided to serve a JADU.

(C)

The JADU shall include an efficiency kitchen with a sink, a cooking appliance and refrigeration facilities, a food preparation counter, and storage cabinets.

(D)

Access to a bathroom is required, which may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not to need to go outside to access bathroom.

(3)

Off-street Parking. No additional parking is required for a JADU.

(a)

Permit required. A Zoning Compliance Review is required to establish or operate a short-term rental in the unincorporated area of the county subject to Chapter 9-803, Zoning Compliance Review.

(b)

Term and renewal. A short-term rental permit shall be valid for one year from the date the application was approved, unless it is revoked sooner.

(1)

An application for renewal must be filed with the Community Development Department at least 30 calendar days before the permit expires. If any of the documentation or information supplied as part of the application process has changed since the permit was approved, the applicant must submit updated information and documentation with the application for renewal.

(c)

Short-term rental regulations. An applicant with an approved permit for a short-term rental shall comply with all of the following regulations while operating a short-term rental.

(1)

No more than one short-term rental may be operated on a property.

(2)

A residential dwelling unit located within a building that contains five or more dwelling units may not be operated as a short-term rental.

(3)

A short-term rental may not be rented for more than a cumulative total of 180 days in a calendar year.

(4)

The overnight guest occupancy of a short-term rental may not exceed two persons per bedroom, plus two additional persons. Children under the age of twelve are not counted towards the total number of guests.

(5)

A short-term rental with three or fewer bedrooms for rent must include at least one off-street parking space available for use by guests.

(6)

A short-term rental with four or more bedrooms for rent must include at least two off-street parking spaces available for use by guests.

(7)

The required off-street parking spaces must be located on the same lot as the short-term rental, but may be located within the lot's setback area.

(8)

The maximum number of guest vehicles permitted at a short-term rental is equal to the number of off-street parking spaces available for use by guests.

(d)

No signs. No sign or writing visible from the exterior of the short-term rental indicating that the dwelling unit or areas on the property is available for rent pursuant to this Chapter may be posted anywhere on the property where the short-term rental is located.

(e)

Posting of permit information.

(1)

A permittee shall provide a copy of the short-term rental permit, business license, and all applicable regulations and standards in a conspicuous place in the rental unit.

(2)

In any advertisement for a short-term rental, the permittee shall specify the short-term rental permit number, business license number, maximum occupancy, maximum number of vehicles allowed, and the applicable quiet hours at the short-term rental. For the purposes of this subsection, "advertisement" means any method used to solicit interest in the short-term rental, including but not limited to internet-based listing or hosting services.

(3)

A Nuisance Response Plan shall be submitted with the application and provided on-site during rental periods, and for the 24 hours prior to and after each rental period. The Nuisance Plan shall provide a method of contacting the property owner, applicant or an alternative person that is a responsible party and can address concerns raised by nearby businesses and/or residents that will likely be significantly impacted by noise, amplified sound, traffic, odor, dust, or light from the event.

(f)

Rental records. A permittee shall keep written rental records that document the following information:

(1)

All dates on which the permittee rented the short-term rental to one or more guests;

(2)

The overnight guest occupancy on each date; and

(3)

The rent paid to permittee for each night of lodging.(c) A permittee shall provide a copy of the required rental records to the County with any application to renew the short-term rental permit or upon request, but not more than 2 times per calendar year.

(g)

Prohibited Uses. The following are prohibited:

(1)

Short-Term rentals for other than lodging services. Examples include rental of pools, spas, garages, and backyards.

(2)

Special events applied for, organized by, promoted by, or otherwise involving tenants of a Short-Term Rental. Property owners are not excluded from applying for a Zoning Compliance Review for special events when the unit is not being rented as a Short-Term rental, but the two uses cannot overlap.

An accessory use must be incidental, related, appropriate, and clearly subordinate to the principal use of the building or site to which it relates and is subject to the same regulations, development standards, and permitting requirements as the principal use. For example, if the principal use requires a Conditional Use Permit, then the accessory use also requires a Conditional Use Permit unless a specific exemption from such a permit requirement is provided in the 200 Series for accessory uses meeting certain size standards. All accessory uses not subject to discretionary review require a Zoning Compliance Review. Accessory Dwelling Units and Junior Accessory Dwelling Units are regulated by Section 9-409.020; the provisions of this Section do not apply to these uses. Certain accessory uses also are subject to specific land use regulations in the 200 Series.

Adult Businesses must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

General Provisions. Because certain types of Adult Businesses possess certain characteristics that are found objectionable, when concentrated, and can have a deleterious effect upon adjacent areas, locating them in the vicinity of facilities frequented by minors increases the likelihood that minors will be exposed to materials intended for adults. In addition, many persons are offended by the public display of certain sexual material. Therefore, special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or have an adverse effect on minors.

(b)

Applicability. The uses subject to these regulations include, without limitation:

(1)

Adult bookstores, adult novelty stores, or adult video stores;

(2)

Adult live entertainment theaters;

(3)

Adult motion picture or video arcades; and

(4)

Adult motion picture theaters.

(5)

Exceptions. An "Adult Business" does not include the practice of massage bodywork in compliance with Title 7, Chapter 6 of the County Code or persons depicting "specified anatomical areas" in a modeling class that is operated:

(A)

By a college, junior college, or university supported entirely or partly by public revenue; or

(B)

By a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by public revenue; or

(C)

In a structure operated either as a profit or nonprofit facility:

(i)

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

(ii)

Where, in order to participate in a class, a student must enroll at least three days in advance of the class.

(c)

Development Standards.

(1)

Specific Location. Adult Businesses must be located the following minimum distances:

(A)

From any Residential Zone: 300 feet.

(B)

From any cultural, educational, or religious institution and public parks, including, without limitation, public or private schools, nursery schools, childcare facilities, day care centers, religious or cultural institutions, hospitals and clinics, parks, and other areas where large numbers of minors regularly congregate: 1,000 feet.

(C)

From another Adult Business: 1,000 feet.

(2)

Hours of Operation. Hours of operation are limited to the time period between 8 a.m. and 10 p.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, and from 8 a.m.to 11 p.m. on Friday and Saturday.

(3)

Display. No Adult Business may display or exhibit any material in a manner that exposes to the public view, photographs or illustrations of specified sexual activities or naked adults in poses which emphasize or direct the viewer's attention to the subject's genitals. Adult news racks are also subject to this limitation.

(4)

Security Program. An on-site security program must be prepared and implemented as follows:

(A)

Exterior Lighting. All off-street parking areas and building entries serving an Adult Business must be illuminated during all hours of operation with a lighting system that provides a minimum horizontal illumination of one foot-candle of light on the parking surface and/or walkway.

(B)

Interior Lighting. All interior portions of the Adult Business, except those devoted to mini-motion or motion pictures, must be illuminated during all hours of operation with a lighting system that provides a minimum horizontal illumination of not less than two foot-candles of light on the floor surface.

(C)

Security Guards. Security guards for Adult Businesses may be required if it is determined by the Sheriff that their presence is necessary in order to prevent any unlawful conduct from occurring on the premises.

(d)

Site Conditions.

(1)

Facade. For existing buildings, pictures of the building(s) where the Adult Business is proposed to be located must be provided to the County upon submittal of a conditional use permit application. The exterior of the building(s) may be required to be repainted and repaired.

(2)

Landscaping. The site must comply with all landscaping requirements of Chapter 9-402, Landscaping, in effect at the time of application.

(3)

Litter. The exterior of an Adult Business, including all signs and accessory buildings and structures, must be maintained free of litter and graffiti at all times. The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. The owner or operator also must remove graffiti within 72 hours. One permanent, non-flammable trash receptacle shall be installed near to the entrance/exit of the building.

Off-Premises Alcoholic Beverage Sales, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. These standards apply only to alcohol sales for off-site consumption considered a primary use on-site, and do not apply to eating and drinking establishments or other uses where alcoholic beverage sales is clearly incidental (25% or less of the retail floor area).

(b)

Conditional Use Permit Required. Alcoholic beverage sales shall be allowed only in certain zones, as established in the 200 Series, Base Zones, with a Conditional Use Permit.

(c)

Required Findings. In addition to the findings required for Use Permits in 9-804.050, Conditional Use Permits for alcoholic beverage sales must not be approved unless the following findings can be made in the affirmative by the approving body:

(1)

The use would not create a public nuisance.

(2)

The use would not cause or add to crime in the area

(3)

The use would not be contrary to zoning law

(4)

The use would not be in a high-crime area or an area that has too many licenses, unless serving a public convenience or necessity.

(d)

Location. New sites for alcoholic beverage sales, except sites where alcoholic beverage sales is clearly incidental (25% or less of the retail floor area) must meet the following locational criteria:

(1)

New businesses must be located 500 feet or more away from any existing, similar businesses in the area; and

(2)

No more than 4 similar businesses may be located within a 1,000-foot radius.

(e)

Inspections. Businesses that engage in retail alcoholic beverage sales may be subject to inspection by County staff at any time if the Sheriff, or his or her designee, finds that criminal or nuisance activities may be occurring on or near the premises.

(f)

Documents to be Available On-site. A copy of the conditions of approval and the California Department of Alcoholic Beverage Control license must be kept on the premises and presented to any law enforcement officer or authorized County official upon request.

(g)

Lighting. All off-street parking areas and building entries serving an Off-Premises Alcoholic Beverage Sales use must be illuminated during all hours of operation with a lighting system that provides a minimum maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkway.

(h)

Litter. The site must always be maintained free of litter and graffiti. The owner or operator must provide for removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near all entrance/exit of the building.

(i)

Security Cameras. At least two 24-hour time-lapse security cameras are required to be installed and properly maintained on the exterior of the building wherever there is a public entrance.

(j)

Signs. The following signs must be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:

(1)

"California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age";

(2)

"No Loitering or Public Drinking"; and

(3)

"It is illegal to possess an open container of alcohol in the vicinity of this establishment".

(k)

Standards and Procedures for Existing Alcoholic Beverage Retail Establishments ("Deemed Approved" Activities). All alcoholic beverage retail establishments for off-site sales that have been legally existing and operating prior to the adoption of this Section shall be permitted to operate at their present location as a "deemed approved" activity. Such establishments shall not be permitted to operate without a land use permit if any of the following occur:

(1)

The establishment changes its type of alcoholic beverage license granted by the California Department of Alcoholic Beverage Control resulting in a different use type (i.e., Eating and Drinking Establishment - Bar to Retail - Alcoholic Beverage Sales, Off-Premises);

(2)

The business operation of the establishment is abandoned, suspended or discontinued (including the case where retail alcoholic beverage license for such operation is suspended) for a period of one year.This provision shall not apply when the business operation is suspended or discontinued because the building or structure in which the establishment is operating is:

(A)

Destroyed or damaged due to causes beyond the owner of the establishment's control (i.e., fire, flood, act of God, etc.) and which prevents the establishment from operating; or

(B)

Being remodeled, enlarged or improved which prevents the establishment from operating, provided that building and other appropriate County permits have been obtained. In the event that such permits expire or are revoked, then such establishment shall be required to obtain a land use permit in order to continue or reestablish its operation, or as permitted by the Zoning Adminstrator.

(Ord. No. 4623, § 22, 5-2-2023)

Animal Keeping and Raising establishments must be located, developed, and operated in compliance with Table 9-409.070 and the following standards, where allowed by the 200 Series, Base Zones.

(a)

Household Pets. The keeping of up to 10 small domestic household pets for noncommercial purposes, including up to a maximum of three household pets any kind, is permitted in Single-Unit Dwellings. For dwelling units in multi-unit residential structures and for mobile homes in mobile home parks, the total number of dogs, cats and other household pets combined shall not exceed three. The decision as to whether a specific animal is a household pet under this Title shall be made by the Zoning Administrator.

(b)

Other Animals. The following general standards shall apply to the keeping and raising of animals:

(1)

Containment. Animals must be effectively contained on the site and not be allowed to run free on any lot in a separate ownership or in a public right-of-way.

(2)

Maintenance. All animal enclosures, including but not limited to pens, cages, and feed areas, shall be maintained free from litter, garbage, and excessive accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Premises shall be maintained in a neat and sanitary manner.

(3)

Number of Animals Permitted. Excluding pets, the combined total number of animals permitted by this Chapter shall not exceed the number specified by Table 9-409.070.

(4)

Odor and Vector Control. Animal structures, including pens, coops, cages, and feed areas, must be maintained free from litter, garbage, and the accumulation of manure so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure must not be allowed to accumulate within setback areas.

(5)

Offspring. Unless otherwise specified, the offspring of animals are allowed and shall not be counted until they are of weanable or self-sufficient age. Dogs and cats shall be counted at four months of age. Swine shall be counted at eight weeks of age.

(6)

Prohibited Animals. No predatory wild animals, endangered animals, or protected animals may be kept in any zone.

(7)

Slaughtering of Animals Prohibited. No slaughter of animals is allowed in Residential Zones.

(8)

Swine. Swine shall not be fed market refuse, garbage, or offal.

(Ord. No. 4623, § 23, 5-2-2023; Ord. No. 4632, § 19, 9-26-2023)

Assembly facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Maximum Site Area.

(1)

In Non-Residential Zones: None.

(2)

In Residential Zones: Two acres in the R-L Zone; none in other zones.

(b)

Setback from Residential Zone or Use. A minimum setback from interior and rear lot lines of 20 feet must be provided adjacent to any Residential Zone.

(c)

Outdoor Activity Area. An outdoor area used for recreation, meetings, services or other activities involving groups of persons must be at least 50 feet from any Residential Zone boundary or residential use. Organized outdoor activities shall be limited to the hours of 8:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekdays and 9:00 a.m. to 8:00 p.m. or sunset, whichever comes first, on weekends.

(d)

Hours of Operation. Permitted hours of operation are between 8:00 a.m. and 9:00 p.m., seven days a week. Additional hours may be allowed with a Conditional Use Permit.

(e)

Permitted Accessory Use. An accessory use may include administrative offices, kitchen facilities, multi-purpose rooms, storage, and other uses that are accessory to the facilities for public or private meetings. Places of worship may provide religious instruction as an accessory use; however, when a full school curriculum is offered, the school use will be separately classified as a School and subject to review as such, and when day care activities are provided, they are subject to review and require an Administrative Use Permit.

Automobile sales and leasing facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Location. Automobile/Vehicle Sales and Leasing are permitted on a site with at least one frontage on an arterial street.

(b)

Landscaping and Screening. In addition to complying with the landscaping standards in Chapter 9-402, Landscaping, additional screening and landscaping may be required where necessary to screen adjacent Residential Zones; see Section 9-400.060, Fencing and Screening.

(c)

Loading and Unloading. If the lot abuts a Residential Zone, the loading and unloading shall be located at least 20 feet from an adjacent lot. All loading and unloading must occur during weekday business hours.

(d)

Storage. Vehicles being worked on or awaiting service or pick up must be stored overnight within an enclosed building or in a parking lot that is adequately screened, with an earthen berm, screen wall or a building, and not visible from an adjacent street. Screen walls must be located on lot lines with the exception of yards along streets, where the screen wall must be located outside of required setbacks. Unattended vehicles shall not be parked or stored on the sidewalk adjoining the property, or on the street. Screen walls are not required when the site is located in an Industrial Zone that abuts a non-arterial street.

(e)

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

(f)

Equipment and Product Storage. Exterior storage, including tires, must not be visible from arterial streets or a Residential Zone.

(g)

Noise. All body and fender work or similar noise-generating activity must be enclosed in a masonry or similar building with sound-attenuating measures incorporated into the building design and construction. Bay openings must be oriented to minimize the effects of sound emanating from the auto repair building towards residential uses, outdoor restaurant seating, and outdoor reception areas. Compressors must be located within separately enclosed sound-attenuated rooms.

(h)

Spray/Paint Booth. Spray booth stacks must be screened from arterial streets and must be separated a minimum of 500 feet from Residential Zones and Public Parks. The Planning Commission may reduce this separation to no less than 250 feet if a human health risk assessment, prepared by a qualified professional, demonstrates to the satisfaction of the Commission that levels of spray booth chemicals present in the ambient air at adjacent properties will be below applicable thresholds of concern for human health.

(i)

Washing Facilities. A recycled water system is required. Washing facilities are limited to 7 a.m. to 11 p.m., seven days a week. When abutting a Residential zone, the hours of operation are limited to 8 a.m. to 7 p.m., seven days a week.

(j)

Litter. The site must be maintained free of litter at all times. The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises.

(k)

Adequate Queuing Areas. Vehicle queuing area shall be provided to ensure that there is no interference with vehicle access and on-site circulation and with circulation on adjacent public streets. Vehicle queuing areas must be approved by the Department of Public Works.

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Type of Residence. Bed and breakfast establishments must be located, developed and operated within a Single-Unit Dwelling.

(b)

Number of Rooms. No more than two rooms shall be rented unless the right to rent additional rooms is granted by an administrative use permit.

(c)

Appearance. The exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-unit character.

(d)

Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited.

(e)

When located in the Primary Zone of the Delta. Any lodging or visitor-service facility located in the Primary Zone of the Delta is required to provide and maintain public access facilities, if required by the Delta Conservation and Development Commission, unless such access would adversely affect natural resources or natural processes.

Biomass conversion facilities ("bioenergy facilities") must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Accessory Bioenergy Production. Bioenergy facilities serving up to 125 percent of the on-site energy demand for an agricultural or industrial use are permitted as an accessory use when feedstocks are produced on site, or the feedstocks are the by-product of on-site agricultural processing.

(1)

Where feedstocks are imported from another site under common ownership or where biofuels are exported off site, a Conditional Use Permit shall be required.

(2)

Oversized accessory bioenergy systems located on or within existing structures or existing developed areas are not subject to the 125 percent threshold when producing electricity for a utility but shall be limited to the existing developed area of the site, as determined by the Zoning Administrator.

(b)

Setbacks. Bioenergy facilities shall comply with all setbacks of the zone where they are located, except that bioenergy production facilities shall be setback at least 200 feet from site boundaries adjacent to a Residential Zone, an area shown on the General Plan for residential use, or a conforming residential use.

(c)

Storage. The bioenergy facility shall include sufficient on-site storage for both raw materials and fuel production. On-site storage shall also be provided for all additional by-products resulting from bioenergy production unless those additional products are used on site for crop production or livestock consumption.

(d)

Regulatory Compliance. The operator of the biofuel facility shall provide the Zoning Administrator with proof that all necessary approvals have been obtained from State and Federal agencies involved in permitting any of the following aspects of biofuel production:

(1)

Air pollution emissions;

(2)

Transportation of biofuel, or additional products resulting from biofuel production;

(3)

Use or reuse of additional products resulting from biofuel production; and

(4)

Storage of raw materials, fuel, and additional products used in, or resulting from, biofuel production.

Industrial and commercial establishments that manufacture and sell beer and similar beverages, including production breweries, brew-on-premises breweries, and micro-breweries, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Accessory Retail Sales. Breweries that sell alcoholic beverages for off-site consumption must conform to the regulations in Section 9-409.060, Alcoholic Beverage Sales.

(1)

Accessory retail sales within Industrial Zones are not allowed.

(2)

In all other zones where breweries are allowed, the gross floor area devoted to accessory retail sales shall not exceed 10 percent of the total floor area, and the sales are limited to beverages manufactured on-site.

(b)

On-site Sales or Tasting. On-site sale or tasting, for a fee or no fee, of alcoholic beverages is allowed as an accessory use with an Administrative Use Permit and a license from the California Department of Alcoholic Beverage Control, if required. Only the beverages manufactured on-site shall be offered for sale or tasting, and the total floor area for on-site sales and tasting shall not exceed 10 percent of the gross floor area of the brewery. Beer brewed by a customer in a brew-on-premises brewery shall not be sold and must be used by the customer for personal or family use.

Cinema and Theater uses must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Entrance. Lobby entrance areas should be designed so as to minimize obstruction of sidewalks during operation hours.

(b)

Lighting. Lighting shall be designed and installed to prevent light and glare on adjoining properties in compliance with the requirements of Chapter 9-403, Lighting and Illumination.

This Section establishes regulations that allow for commercial cannabis businesses, which are licensed under the Medicinal and Adult-Use Cannabis Regulation and Safety Act, and Title 4, Public Safety, Division 10, Cannabis, Chapter 1, Commercial Cannabis Business, and have a commercial cannabis development agreement for the licensed activities adopted pursuant to Chapter 9-814, Development Agreements, of this Title. This Section ensures that the land use regulations and development standards in this Title are consistent with Title 4 licensing, monitoring, and enforcement regarding commercial cannabis businesses to protect and promote public health and safety of the population in the County.

(a)

Applicability. The provisions of this Section shall apply whenever:

(1)

An applicant has an approved commercial cannabis development agreement;

(2)

A Conditional Use Permit application is submitted for any form of Commercial Cannabis use; and/or;

(3)

A Planned Development application is submitted for a Cannabis Business Park in a PD Zone.

(b)

Cannabis Cultivation. Commercial cannabis cultivation is allowed, subject to the following development standards:

(1)

License. An approved annual County Commercial Cannabis Cultivator License and Business License shall be obtained from the County pursuant to Title 4 prior to beginning any commercial operation allowed pursuant to a Cultivator License. These licenses shall remain current in order to operate a Cannabis Cultivation operation.

(2)

Permits. Commercial cannabis cultivation allowed pursuant to a Cultivator License shall be subject to the following permitting requirements:

(A)

Cultivation may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial) and I-P (Industrial Park) Zones with a Conditional Use Permit application and a Special Purpose Plan.

(B)

Cultivation may be permitted in a PD (Planned Development) Zone with a Conditional Use Permit for a PD Plan application for a Cannabis Business Park.

(3)

Locational Criteria. The following locational criteria shall apply to commercial cannabis cultivation allowed pursuant to a Cultivator License:

(A)

Cultivation and ancillary activities shall only be permitted within an enclosed structure; and

(B)

The entrance to the cultivation site shall be no more than 2,000 feet from a major intersection or arterial road. An entrance may be located more than 2,000 feet from a major intersection or arterial road, measured from the ultimate right-of-way, if all of the following are found to be true:

(i)

There is sufficient ease of access from the proposed site to an arterial road;

(ii)

There is sufficient access for emergency vehicles; and

(iii)

The Cultivator License holder demonstrates that the site may be secured to the satisfaction of the County.

(4)

Public Services. All commercial cannabis cultivation shall be served by a public wastewater disposal system, public water system, public stormwater drainage system and provide sanitary disposal of process water, except that cannabis cultivation may be permitted in an approved Cannabis Business Park in a PD Zone to use an on-site wastewater disposal system, on-site water system, and private stormwater drainage system and sanitary disposal of process water with an approved Conditional Use Permit, when these service arrangements are shown to be protective of public health and safety and the environment.

(c)

Cannabis Distribution. Cannabis distribution shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Distributor License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning distribution. This license shall remain current in order to operate a Cannabis Distribution operation.

(2)

Permits. Cannabis distribution operations shall be subject to the following permitting requirements:

(A)

Cannabis distribution may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with a Conditional Use Permit application and a Special Purpose Plan.

(B)

For any cannabis distribution operation on a parcel zoned AG (General Agriculture), a Distributor License and Cultivator License shall be required pursuant to Title 4, Public Safety, for the same lot.

(C)

Cannabis distribution may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with an Administrative Use Permit in an approved Cannabis Business Park.

(D)

Cannabis distribution shall also comply with all regulations administered by the Building Department, Department of Public Works, Environmental Health Department, and the Fire Department, as well as State and Federal Regulations.

(d)

Cannabis Manufacturing. Cannabis manufacturing shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Manufacturer License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning distribution. This license shall remain current in order to operate a Cannabis Manufacturing operation.

(2)

Permits. Cannabis manufacturing operations shall be subject to the following permitting requirements:

(A)

Cannabis manufacturing may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial) and I-P (Industrial Park) Zones with a Conditional Use Permit application and a Special Purpose Plan.

(i)

For any cannabis manufacturing operation on a parcel zoned AG (General Agriculture), a Manufacturer License and Cultivator License shall be required pursuant to Title 4, Public Safety, for the same lot.

(B)

Cannabis manufacturing may be permitted in the AG (General Agriculture), I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) Zones with an Administrative Use Permit in an approved Cannabis Business Park.

(e)

Cannabis Non-storefront Retail Sales. Non-storefront retail sales of cannabis shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Retailer License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning cannabis non-storefront retail sales. This license shall remain current in order to operate a Cannabis No-storefront Retail Sales operation.

(2)

Permits. Cannabis retail sales operations shall be subject to the following permitting requirements:

(A)

Cannabis non-storefront retail sales may be permitted in the C-C (Community Commercial) and C-G (General Commercial) Zones with an approved Conditional Use Permit and an approved Special Purpose Plan.

(B)

Cannabis non-storefront retail sales may be permitted in I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with a Conditional Use Permit in a Cannabis Business Park.

(C)

Cannabis retail sales operating Non-Storefront Delivery may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with a Conditional Use Permit and an approved Special Purpose Plan.

(D)

Cannabis retail sales operating Non-Storefront Delivery may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park) and I-W (Warehouse) Zones with an Administrative Use Permit in an approved Cannabis Business Park.

(f)

Cannabis Laboratory Testing. Cannabis laboratory testing shall be subject to the following development standards:

(1)

License. An approved Commercial Cannabis Testing Laboratory License shall be obtained from the County pursuant to Title 4, Public Safety, prior to beginning cannabis laboratory testing operation. This license shall remain current in order to operate a Cannabis Laboratory Testing operation.

(2)

Permits. Cannabis laboratory testing shall be subject to the following permitting requirements:

(A)

Cannabis laboratory testing may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park), I-W (Warehouse), and all commercial zones, excluding the C-FS (Commercial Freeway Services) and C-X (Commercial Crossroads) Zones, with a Conditional Use Permit and an approved Special Purpose Plan.

(B)

Cannabis laboratory testing may be permitted in the I-G (General Industrial), I-L (Limited Industrial), I-P (Industrial Park), I-W (Warehouse) and all commercial zones, excluding the C-FS (Commercial Freeway Services) and C-X (Commercial Crossroads) Zones, within an Administrative Use Permit in an approved Cannabis Business Park.

(g)

Regulations and Standards Applicable to All Commercial Cannabis Activities.

(1)

Commercial Cannabis Development Agreement. An approved Commercial Cannabis Development Agreement shall be obtained pursuant to Title 4, Public Safety, prior to beginning any commercial operation allowed pursuant to a Commercial Cannabis License.

(2)

Compliance with County, State and Federal Regulations. All commercial cannabis activity shall comply with all regulations administered by the Building Department, Department of Public Works, Environmental Health Department, and the Fire Department and with all applicable State and Federal Regulations.

(3)

Events. All events related to cannabis cultivation, manufacturing and distribution, including but not limited to Outdoor Special Events and Indoor Special Events, shall be prohibited.

(4)

Fencing. The fencing requirements shall be determined by the zone in which the cannabis activity is located pursuant to Section 9-400.060, Fencing and Screening.

(5)

Fire District. The premises must be located within a San Joaquin County Fire District.

(6)

Landscaping. The landscaping requirements shall be determined by the zone in which the cannabis activity is located pursuant to Chapter 9-402, Landscaping.

(A)

No product or signs inside the premises shall be viewable by the public from outside the premises.

(B)

Off-premises signs shall be prohibited by licensee or third party.

(7)

Parking. The parking requirements shall be determined pursuant to Chapter 9-406, Parking and Loading.

(8)

Public Services. Sites located in an I-G (General Industrial), I-L (Limited Industrial), or I-P (Industrial Park) Zone and in all Commercial Zones, excluding the C-FS (Commercial Freeway Services) and C-X (Commercial Crossroads) Zones, shall be served by a public wastewater disposal system, public water system, public stormwater drainage system and provide sanitary disposal of process water. Cannabis cultivation, manufacturing, and laboratory testing may be permitted with a conditional use permit to use an on-site wastewater disposal system, on-site water system, and private stormwater drainage system and provide sanitary disposal of process water, when shown to the satisfaction of the Environmental Health Department that this arrangement would be protective of public health and safety and the environment.

(9)

Screening. The screening requirements shall be determined by the zone in which the cannabis activity is located pursuant to Section 9-400.060, Fencing and Screening.

(10)

Signs. The sign requirements shall be determined by the zone in which the cannabis activity is located, pursuant to Chapters 9-410, Signs.

Convenience Stores must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Administrative Use Permit. An Administrative Use Permit is required for any convenience market of more than 2,500 square feet in floor area.

(b)

Maximum Size. 10,000 square feet.

(c)

Setbacks. A minimum interior setback of 20 feet must be provided adjacent to any Residential Zone.

(d)

Hours of Operation. Permitted hours of operation are between 7:00 a.m. and 11:00 p.m., seven days a week, unless longer hours are allowed with a Conditional Use Permit.

(e)

Lighting. Lighting shall be designed and installed to prevent light and glare on adjoining properties in compliance with the requirements of Chapter 9-403, Lighting and Illumination.

(f)

Litter. The site must be maintained free of litter and graffiti at all times. The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 20 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near the entrance/exit of the building.

Cottage Food Operations must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Where Allowed. A Cottage Food Operation is permitted in a Single Unit Dwelling with approval of a business license.

(b)

Maximum Number of Employees. No more than one employee or independent contractor shall be permitted to work on-site in addition to the family member or household member of the cottage food operator.

(c)

No Signage Allowed. No sign or other advertisement identifying the Cottage Food Operation is allowed on premises or the lot where the cottage food operation located.

(d)

Registration Required. The Cottage Food Operation shall be registered with the Environmental Health Department in accord with Section 114365 of the California Health and Safety Code.

(e)

Direct Sales Only. Only direct sales of food products for off-site sales or consumption are permitted. No on-site food service is allowed.

(f)

Plan of Operation. Cottage Food Operations must have a plan of operation, including but not limited to, food production and safety, hours of operation, litter control, and noise attenuation, which must be submitted with the application for an Administrative Use Permit.

(g)

Building and Fire Safety Regulations. Evidence of compliance with all Building and Fire Safety regulations and with California Health and Safety Code requirements and any other measures necessary and appropriate to ensure compatibility of the proposed use with the surrounding area is required as part of the Administrative Use Permit application.

Day Care Centers must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Fencing. All outdoor recreation areas shall be enclosed by walls or fences not less than six feet in height. If existing fencing is less than six feet in height, the Zoning Administrator may approve such alternative fencing if, upon review of adjacent uses, supervision ratios, and facility floor plans, it is determined that the existing fence height will not be detrimental to the health, safety, or welfare of facility users.

(b)

Garages. Garages cannot be converted for use as a Day Care Center unless:

(1)

Alternative on-site parking is available to meet minimum off-street parking requirements; and

(2)

The garage is improved to meet building and fire code regulations as a habitable space for the proposed occupancy classification.

(c)

Outdoor Activities. Outdoor activities shall not be permitted before 7:00 a.m. or after 8:00 p.m.

(d)

Outdoor Recreation Area. The minimum amount of outdoor recreation area shall be 35 square feet for children under two years of age and 75 square feet for children two years of age or older.

(1)

Areas that must be excluded in calculating outdoor recreation area include side yards less than ten feet in width and areas containing swimming pools, spas, or other water bodies.

(2)

Neighborhood greenbelt and park space may be used to satisfy the outdoor recreation area requirement if these areas are within a one quarter mile walk, are appropriate for recreation, and proper insurance coverage has been obtained for using them.

(e)

Passenger Loading. A passenger loading plan shall be required for all Day Care Centers, subject to the approval of the Zoning Administrator. All loading facilities shall be located off-street and within the site; however, the Zoning Administrator may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times.

(f)

Public Service Access. The applicant has developed and will implement a public service access plan providing or arranging for transportation, as necessary, for group care residents or children. The plan shall specifically describe the means by which residents will gain access to bus and other public transportation routes, shopping locations, medical, dental, or other health care facilities, and government offices.

(g)

Maintenance. The applicant must provide adequate exterior maintenance to the facility and surrounding yard and setback areas. This shall include a plan demonstrating provisions for regular yard and landscape irrigation and maintenance and other items of routine maintenance.

Drive-in and drive-through facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Circulation. Drive-through facilities must provide safe, unimpeded movement of vehicles at street access points, in travel aisles, and parking areas. A site plan showing directional movements for interior traffic circulation must be provided for review by the Department of Public Works.

(b)

Landscaping and Screening. In addition to complying with the landscaping standards in Chapter 9-402, Landscaping, additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent Residential districts.

(c)

Lighting. Lighting shall be designed and installed to prevent light and glare on adjoining properties in compliance with the requirements of Chapter 9-403, Lighting and Illumination.

(d)

Pedestrian Walkways. Vehicle aisles must not intersect with interior pedestrian walkways unless no alternative exists. In such cases, pedestrian walkways must have clear visibility, emphasized by enhanced paving or markings.

(e)

Screening. Each drive-through aisle must be screened with a combination of decorative walls and landscape to prevent headlight glare and direct visibility of vehicles from adjacent streets.

(f)

Site Design.

(1)

Drive-through elements must be placed to the side or rear of the building. Drive-through windows must be oriented away from the street frontage and provide adequate screening measures through landscaping and design to minimize visibility of the drive-through.

(2)

The design of freestanding drive-through facilities must be compatible with the principal building, in terms of building color, materials, and form.

(g)

Stacking. Vehicular stacking areas must be provided to ensure that the vehicle queue will not interfere with public rights-of-way, private streets, or with on- or off-site parking and circulation.

(h)

Trash and Waste.

(1)

Garbage and trash containers shall be provided in locations suitably enclosed and screened so as not to be visible from a public right-of-way.

(2)

A waste receptacle shall be placed near the entry way to the drive-in or drive-through facility.

(3)

The owner or operator must provide for daily removal of trash, litter, and debris from premises and on all abutting sidewalks within 100 feet of the premises. One permanent, non-flammable trash receptacle shall be installed near to the entrance/exit of the building.

Emergency Shelters must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Basic Facility Requirements. Each Emergency Shelter shall include, at a minimum:

(1)

A client waiting and intake area shall be provided as interior space and contain a minimum of 10 square feet per bed provided at the facility, and a minimum size of 100 square feet of floor area

(2)

A courtyard or other on-site area for outdoor client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing;

(3)

Donation/collection bins and areas screened from public view and open to the public between the hours of 9:00 a.m. to 6:00 p.m. A sign stating hours of operation shall be placed in a clear, visible location and shall be no larger than 15 square feet.

(4)

Exterior lighting at all building entrances and outdoor activity areas activated between sunset and sunrise of each day for security purposes.

(5)

On-site management during hours of operation when clients are present, and an area for the manager near the entry to the facility;

(6)

Off-street parking at a ratio of one space for every 10 beds plus one space for the manager of the facility;

(7)

Storage facilities for personal belongings.

(8)

Telephone for use by clients;

(b)

Common Facilities. The Emergency Shelter may provide one or more of the following specific facilities and services:

(1)

Childcare facilities;

(2)

Commercial kitchen facilities operated in compliance with Health and Safety Code Section 113700, et seq.;

(3)

Dining area;

(4)

Laundry;

(5)

Recreation room; and

(6)

Support services (e.g., training, counseling).

(c)

Maximum Number of Beds. No more than 10 beds shall be provided in any single Emergency Shelter located in a Residential Zone, and no more than 100 beds shall be provided in any single Emergency Shelter located within a Commercial or Public Facilities Zone, except:

(1)

In response to a disaster; or

(2)

As authorized by a Conditional Use Permit.

(d)

Outdoor Food Distribution. Outdoor charitable food distribution shall be conducted entirely on private property in a covered area during times that are approved by the city and shall not block accessible pathways. Hours of operation shall be the same as the hours of operation for Social Services Centers and Government Offices in the zoning district where the shelter is located unless the Director determines that extending the hours will not interfere with or adversely affect surrounding uses based on the circumstances of the application.

(e)

Parking. At least one vehicle parking space for every 10 beds, one bicycle space for every five beds, and one additional parking space for every 10 beds. The Zoning Administrator may reduce this parking requirement upon finding that the actual parking demand will be less than the standard assumes.

(f)

Proximity to Other Shelters, Parks, Schools, and Recreational Facilities.

(1)

Minimum distance from another Emergency Shelter: 500 feet;

(2)

Minimum distance from a public park, public or private K-12 school, and a public recreational facility serving persons under the age of 18: 750 feet.

(g)

Signs. No signs shall be placed on the site identifying its use as a shelter for the homeless.

(h)

Management Plan. The applicant or operator shall submit a Management and Operations Plan for the Emergency Shelter for review and approval by the Zoning Administrator prior to approval of a business license. The Plan shall include, but not be limited to, the following:

(1)

Security;

(2)

Staff training;

(3)

Neighborhood relations;

(4)

Pet policy;

(5)

Client intake process;

(6)

List of services provided;

(7)

Facility maintenance;

(8)

Solid waste control;

(9)

Amenities, such as hours of operation, cooking/dining facilities, laundry facilities and activity policies; and

(10)

Anti-discrimination policies.

(a)

Intent. The intent of this Chapter is to allow for the placement of two (2) or more primary dwelling units, or two (2) or more structures containing dwelling units, on the same parcel, consistent with General Plan density requirements and policies, in order to achieve a more efficient use of land, provide a means of developing difficult sites, promote a more affordable living environment, and encourage the use of common open areas and other amenities in project design.

(b)

Permitted Zones. Dwelling Cluster applications may be accepted in any zone that allows residential dwellings as a primary use.

(c)

Requirements For Application. Applications for Dwelling Clusters may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department and shall include, but shall not be limited to, the following:

(1)

Site Plan. The application shall contain a site plan and supporting maps which clearly delineate the location and characteristics of the proposed use.

(2)

Density. The maximum number of dwelling units shall be consistent with the General Plan, and the dwelling unit type shall be consistent with that permitted by the regulating zone. The density of development shall be specified in the application.

(3)

Will Serve Letter. In areas served by an existing public water system, a public storm drainage system, or a public wastewater treatment system, the application for a Dwelling Cluster shall only be accepted if the applicant provides a written statement to the County from the agency expected to provide the required service that the agency will serve the proposed project and has, or will have, the capacity to provide such service.

(4)

Other Information. Any other information deemed necessary by the Review Authority.

(5)

Fee. A fee, as specified by resolution of the Board of Supervisors, shall be required.

(6)

Maximum Number of Units. The maximum number of units allowed under this provision in the Agricultural zones is eight (8).

(d)

Review Procedures. The review procedure for Dwelling Cluster applications shall be reviewed by the Zoning Adminstrator as specified in Chapter 9-802 Common Procedures.For projects with four (4) or fewer dwelling units, public notice is not required.

(e)

Development Requirements. The following development requirements shall apply to any Dwelling Cluster Application approved under the provisions of this Chapter:

(1)

Yard Requirements. The dwelling units, or the structures containing dwelling units, shall comply with all yard requirements for main structures prescribed by the regulating zone.

(2)

Height Limits. The maximum height of structures shall conform to the requirements of the regulating zone.

(3)

Architectural Requirements. The dwelling units or structures shall comply with the following architectural design requirements:

(A)

Buildings shall be arranged so that each dwelling unit in multi-family structures is provided with its own identity and entry.

(B)

Buildings shall be designed to incorporate in all building elevations the recesses, projections, building offsets, and other features that provide variety and visual relief.

(C)

Private open space shall be at least:

(i)

Four hundred (400) square feet in area for detached single-family dwellings;

(ii)

Two hundred twenty-five (225) square feet in area for dwelling units in multi-family structures located on the ground floor; and

(iii)

Sixty (60) square feet in balcony area for upper story dwelling units in multifamily structures.

(4)

Common Driveway. Dwelling units shall be served by a common driveway having a single public road access point. Said driveway shall be constructed and available for use prior to occupancy of any units within the dwelling cluster.

(5)

Parking. Off-street parking shall be provided at a rate of two (2) parking spaces per dwelling unit, one (1) of which shall be covered, unless the applicant demonstrates to the satisfaction of the Review Authority that a lower ratio is warranted based on the nature of the dwelling cluster project. Group parking areas may be allowed, provided they are located on the site and within one hundred and fifty (150) feet from the dwelling units they are intended to serve.

(6)

Water, Storm Drainage and Wastewater Treatment Facilities. Within urban communities, both the existing and the proposed dwelling units of the dwelling cluster shall connect to a public water system, a public wastewater treatment system, and a drainage system that complies with the provisions of Chapter 9-606. For dwelling cluster projects proposed in rural communities, the infrastructure standards of Series 600 shall apply.

(7)

Landscaping. All areas not used for buildings, structures, driveways, parking areas, agriculture, or recreational purposes shall be landscaped. Said landscaping shall be in accordance with the provisions of Chapter 9-402 and as deemed appropriate by the Review Authority.

(8)

Other Codes. All existing and proposed dwelling units or structures shall comply with all current building, safety, fire, and health codes of the County or special districts.

(f)

Findings. Prior to approving an application for a dwelling cluster, the Review Authority shall find that all of the following are true:

(1)

The dwelling cluster proposed is consistent with the General Plan; any applicable Master Plan, Specific Plan, or Special Purpose Plan; and any other applicable plan adopted by the County which affects the property.

(2)

The property involved is suitable for the dwelling cluster proposed.

(3)

The dwelling cluster will not be significantly detrimental to the public health, safety, or welfare, or have a significant adverse impact on surrounding properties or on external infrastructure, utility, and circulation systems on which the dwelling cluster depends.

(Ord. No. 4632, § 20, 9-26-2023)

Entertainment associated with Eating and Drinking Establishments and parcels zoned Commercial Recreation must be located, developed, and operated in compliance with the following standards.

(a)

Permits Required. All non-exempt types of live entertainment require an Entertainment Permit or a Temporary Use Permit issued pursuant to Chapter 9-804, Use Permits, in addition to any other permits or licenses required by the County Code.

(b)

Conditions of Approval. In issuing an Entertainment Permit or a Temporary Use Permit, the Zoning Administrator may impose reasonable conditions relating to:

(1)

The days, hours and location of operation and the number of persons allowed on the premises;

(2)

Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;

(3)

Whether security guards are required, and if so, how many;

(4)

Specific measures the applicant must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;

(5)

Specific measures the applicant must undertake to remove trash attributable to the establishment or its patrons in and around the establishment;

(6)

Specific measures the applicant must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

(7)

Specific measures the applicant must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood; and

(8)

Whether the Sheriff must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business.

(c)

Display of Permit. The Entertainment Permit shall be displayed at all times in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any law enforcement or code enforcement officer.

(d)

Exemptions. The following types of entertainment and events are exempt from the Entertainment Permit required by this section, but a Temporary Use Permit may still be required under Section 9-409.420, Temporary Uses, for certain types of entertainment and special events that are of limited duration. This exemption does not relieve any entertainment establishment from complying with all other applicable regulations in the County Code, including requirements related to noise levels and nuisances.

(Ord. No. 4632, § 21, 9-26-2023)

Explosives Handling may be allowed with a Conditional Use Permit, provided all of the following findings are made in addition to the required findings in Section 9-804.050, Required Findings:

(a)

The proposed site for the use is located one-half mile or more from any residence or residentially zoned area on soils not classified as "prime," of "statewide significance," or "unique" by the United States Department of Agriculture Soil Conservation Service;

(b)

The proposed site for the use will be located in areas within one-quarter mile of an existing Explosives Handling use; and

(c)

Explosive Handing at this location will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or be injurious to property, agricultural operations, or improvements in the vicinity.

Large Family Day Care Homes must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Administrative Use Permit Required. The operator of the Large Family Day Care Home must obtain an Administrative Use Permit and secure all necessary licenses, certificates, and environmental health permits, as required. All permits (or copies of them) must be available for inspection on-site during all hours of operation.

(b)

Licensing. Large Family Day Care Homes shall be licensed or certified by the State of California and shall be operated according to all applicable state and local regulations.

(c)

Maximum Number of Children. No more than 14 children, including children under the age of 10 who reside at the home, shall be cared for at a Large Family Day Care Home.

(d)

Operator Residency. The operator of a Large Family Day Care Home must be a full-time resident of the dwelling unit in which the facility is located.

(e)

Outdoor Space. A minimum of 50 square feet of outdoor recreational space must be provided for each child over two years old. Swimming pools and adjacent pool decking shall not count towards meeting this space. The outdoor area cannot be located in any required front or street side yard, nor can it be shared with other property owners.

(f)

Passenger Loading. Curbside loading is presumed adequate for drop-off and pick-up of children; however, where the Zoning Administrator determines that curbside loading is not adequate, a passenger loading plan and two off-street parking spaces available for use during the hours of operation of the large family day care home shall be required.

(g)

Screening. A periphery fence or wall, constructed of wood or masonry, must be provided to screen and secure outdoor areas. Barbed wire is prohibited.

(h)

Swimming Pool or Spa. If the property contains a swimming pool or spa, the spa or swimming pool shall meet all current requirements of this Title for fencing, gate latches, and alarms.

Farm Employee Housing must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Eligible Facilities. Farm Employee Housing may consist of a variety of living quarters, dwelling units, and group housing, designed and maintained for use by eligible farm employees. Farm Employee Housing also means the same as "labor camp."

(b)

Off-Street Parking. Off-street parking shall be provided as required by Chapter 9-406, Parking and Loading. The minimum parking requirement for farm worker housing shall be one parking space per unit or one space per three beds for group quarters.

(1)

On-Site Wastewater Disposal System. In Agricultural Zones, Farm Employee Housing may be served by a private on-site wastewater disposal system, subject to the provisions of Chapters 9-603, Water Quality and Chapter 9-605, Private On-Site Wastewater Disposal, provided existing uses on the site are also served by a private on-site wastewater disposal system. A mandatory connection to a public wastewater disposal system is not required for farm worker housing if the Environmental Health Department determines that there is a suitable area on the site for a septic tank. Otherwise, the proposed farm worker housing shall be served by a public wastewater disposal system.

(2)

On-Site Well System. In Agricultural Zones, Farm Employee Housing may be served by an on-site well system, subject to the provisions of Chapter 9-601, Water Well and Well Drilling, provided that the existing uses on the site also are served by an on-site well system. Otherwise, the proposed Farm Employee Housing shall be served by a public water system.

(c)

Other Codes. Farm Employee Housing shall conform with all the requirements of the Environmental Health Department that are applicable to agricultural uses in Agricultural Zone in which the property is located. All Farm Employee Housing must satisfy building, fire, and safety standards, such as fire lane widths, minimum fire flows, and emergency egress, as established through State of California's Fire and Building Codes and as amended by the County.

(Ord. No. 4632, § 22, 9-26-2023)

Public display of fireworks must be located and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Permits Required. A Temporary Use Permit issued by the Zoning Administrator shall be required for all public displays of fireworks. An approved Operational Fire permit shall be submitted with every Temporary Use Permit application.

(b)

Timing of Application. An application for the public display of fireworks must be submitted at least four weeks before the proposed date of the display, and the Temporary Use Permit must be approved a minimum of two weeks prior to the proposed public display of fireworks.

(c)

Notice Required. The Zoning Administrator shall notify all property owners of land adjacent to the site approved for the public display of fireworks least one week prior to the date of the public display of the details of the public display of fireworks, including the date and time of the event and the length of time for the fireworks display.

Group Residential facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Minimum Lot Area. When located in a Residential Zone, the minimum lot area is 10,000 square feet.

(b)

Fencing. All outdoor recreation areas shall be enclosed by walls or fences not less than six feet in height. Should existing fencing be less than six feet in height, the Zoning Administrator may approve such alternative fencing if, upon review of adjacent uses, supervision ratios, and facility floor plans, it is determined that the existing fence height will not be detrimental to the health, safety, or welfare of facility users.

(c)

Kitchen Facilities. Private living quarters may have efficiency kitchen facilities.

(d)

Laundry Facilities. Laundry facilities must be provided on-site.

(e)

Outdoor Activities. Outdoor activities shall not be permitted before 7:00 a.m. or after 10:00 p.m.

(f)

Outdoor Recreation Area. The minimum area for outdoor recreation shall be 20 square feet for each person who resides in the facility. Spaces that must be excluded in calculating the size of outdoor recreation areas include side yards less than 10 feet in width and areas containing swimming pools, spas, or other water bodies. Neighborhood greenbelt and park space may be used to satisfy the outdoor recreation area requirement if these areas are within a one-quarter mile walk if they are appropriate for recreation and proper insurance coverage has been obtained for using them.

(g)

Security. Parking garages, surface parking, and private and common areas located outside the building must be designed to protect the security of residents, guests, and employees by controlling access to the facilities by other persons.

Hazardous Waste facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Compliance with State Codes Required. All applicants for hazardous waste facility projects listed in the County's Hazardous Waste Management Plan shall comply with the procedures set forth in Public Resources Code Sections 21000-21177 and Government Code Section 65920 et seq. or any successor statutes in addition to the requirements for Conditional Use Permits.

(b)

Specified Hazardous Waste Facilities. All applications for specified hazardous waste facility projects must follow the procedures set forth in Health and Safety Code Sections 25199 et seq. or any successor statute, Public Resources Code Sections 21000 - 21177, and Government Code Section 65920 et seq. or any successor statutes.

(c)

Standards and Locational Criteria. All specified hazardous waste facility projects in the County shall comply with the siting criteria set forth in the County's Hazardous Waste Management Plan and the following criteria:

(1)

Capability of Emergency Services. All facilities shall be located in areas where the Fire Departments is able to respond immediately to hazardous material accidents, where mutual aid and immediate aid agreements are well established and where demonstrated emergency response times are the same or better than those recommended by the National Fire Prevention Association. In addition, hazardous material accident response services at the facility may be required based on the type of wastes handled or the location of the facility.

(2)

Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated elevation of underlying groundwater is five feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California-registered civil engineering geologist.

(3)

Existing Groundwater Quality. Residuals repositories are allowed only where the uppermost water-bearing zone or aquifer is presently mineralized (by natural or human induced conditions) to the extent that it could not reasonably be considered for beneficial use. All other facilities located in areas where existing groundwater quality meets the regional water quality objectives for beneficial use shall provide increased spill containment and inspection measures.

(4)

Groundwater Monitoring. Residuals repositories and facilities with subsurface storage and/or treatment must develop a program that successfully satisfies the Regional Water Quality Control Board permit requirements for groundwater monitoring. Facilities that handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(5)

Discharge of Treated Effluent. Facilities generating wastewater shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of discharge directly into a stream or the ocean. All facilities should comply with State and federal permitting requirements.

(6)

Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a 100-year return frequency and shall not be located in areas subject to flash floods and debris flows. All other facilities shall be located outside floodplains or areas subject to flash floods and debris flows unless they are designed, constructed, operated, and maintained to prevent migration of hazardous wastes in the event of inundation.

(7)

Major Aquifer Recharge Area. Residuals repositories are prohibited within any area known to be, or suspected of, supplying principal recharge to a regional aquifer. Facilities with subsurface storage or treatment must be located at least one-half mile away from all potential drinking water sources. All other facilities located in areas known to be, or suspected of, providing recharge to an existing water supply well shall provide for increased spill containment and inspection measures.

(8)

Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum 200-foot setback from a known active earthquake fault.

(9)

Proximity to Areas of Waste Generation. Subject to other standards and criteria in this section, all facilities shall be located in areas best suited for providing services to any hazardous waste generators in the County. Facilities that will primarily serve generators from outside the County must demonstrate why the facility cannot be located closer to the points of hazardous waste generation they serve.

(10)

Proximity to Populations. Residuals repositories shall be a minimum distance of 2,000 ft. from any residence.

(11)

Soil Permeability. Soil permeability requirements for disposal and subsurface treatment and storage facilities shall conform to those required by the State Water Resources Control Board. All other above-ground facilities shall have engineered structural design features common to other types of industrial facilities. These features shall include spill containment and monitoring devices. All other facilities may be located in areas where surficial materials are principally highly permeable if adequate spill containment and inspection measures are employed.

(12)

Subsidence/Liquefaction. Residuals repositories are prohibited from locating in areas of potential rapid geologic change. All other facilities shall avoid locating in areas of potential rapid geologic change unless containment structures are designed, constructed, and maintained to preclude failure as a result of such changes.

(d)

Conditions of Approval. The following conditions shall apply to all proposed facilities with an approved Conditional Use Permit:

(1)

Fire and Building Codes. All storage or use of hazardous materials must be approved by the Fire Prevention Bureau and the local Fire Chief and be in conformance with all applicable fire and building codes.

(2)

Safety and Security. The operator shall provide a 24-hour surveillance system that continuously monitors and controls entry onto the facility. Perimeter fencing shall be constructed, and security measures taken to prevent climbing and scaling of fences. Masonry walls shall be used when the facility is adjacent to non-industrial uses. The Zoning Administrator shall determine compliance with this standard.

(3)

Monitoring.

(A)

Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions, and other requirements that the County is authorized to enforce, County officials may enter the premises on which a hazardous waste facility permit has been granted.

(B)

The owner or operator of a facility shall report quarterly to the Zoning Administrator the amount, type and disposition of all wastes processed by the facility. The report shall include copies of all manifests showing the delivery and types of hazardous wastes, a map showing the exact location (coordinates and elevation), and the quantities and types of materials placed in repositories, stored, or disposed of onsite.

(C)

The owner or operator of a hazardous waste facility shall immediately send copies of all complaints regarding facility operations and copies of all inspection reports made by other local, state or federal agencies to the Zoning Administrator.

Home occupations must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The standards of this Section apply to any occupation conducted in a dwelling unit, garage, or accessory building in a Residential or Agricultural Zone that is incidental to the principal residential use.

(b)

Exterior Residential Appearance. The exterior residential appearance of the unit within which the home occupation is conducted must be maintained. No exterior indication of a home occupation is permitted. There shall be no visible signs or window displays, except as required by law or allowed by Chapter 9-406, Signs.

(c)

No On-Site Retail Sales. There shall be no sale or display of a commodity on the premises of a home occupation. This prohibition does not apply to food products from cottage food operations meeting the requirements of the California Department of Public Health.

(d)

Nuisances Prohibited. A home occupation must be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of wireless telecommunications, interference with radio or television reception, or other hazard or nuisance is perceptible on adjacent lots or in neighboring units in a multiple-unit building.

(e)

Number of Employees. No more than one person other than the resident(s) of the dwelling shall be employed on-site or report to work at the site of the home occupation. This prohibition also applies to independent contractors who work on-site; the home occupation may have off-site employees, contractors, and partners, provided they do not report to work at the property.

(f)

Outdoor Equipment. No outdoor storage or display of vehicles, equipment, materials or supplies related to the home occupation shall be permitted, with a single exception: one business vehicle, up to two-ton capacity, with signage and used for the home occupation is permitted.

(g)

On-Site Client Contact. Customer and client visits are permitted, provided the home occupation does not generate pedestrian or vehicular traffic in excess of that customarily associated with the zone in which the use is located.

(h)

Permitted Home Occupations. Permitted home occupations include a broad range of uses that are relatively benign and have minimal impact on adjoining uses, pedestrian and vehicular traffic and public services and facilities. Examples of such occupations are architectural, engineering, landscape architectural, and interior design services, art restoration, consulting and data processing, digital research, direct sales distribution (but no on-site retail sales), dressmaking, sewing and tailoring; flower arranging, insurance sales and services, jewelry making, real estate sales and services, secretarial and word processing, social media, telephone answering, writing, and computer programming.

(i)

Prohibited Occupations and Activities. The following are expressly prohibited for on-site home occupations: ambulance or hearse service; ammunition reloading; any business distributing, transporting, or delivering commercial cannabis or commercial cannabis products; bed and breakfast lodging; ceramics using a kiln of six cubic feet or more in size; , gym, dance, or exercise studio; large household appliance repair or reconditioning; mortician; medical or dental office; private club; shop for repair, storage, or reconditioning of boats, cars, trucks, and recreational vehicles; restaurants; retail sales except artist's, artisan's, and photographer's original work; towing yard; veterinary uses; and welding shop.

(j)

Restricted Home Occupations. The following home occupations are permitted, subject to the limitations listed.

(1)

Contractors, provided there is no on-site storage of heavy vehicles, construction materials, and equipment not normally associated with a single family residential use.

(2)

Cottage food operations, provided the requirements of Section 9-409.160, Cottage Food Operation, are met.

(3)

Dog and cat breeding, provided the number of adult dogs and cats does not exceed three.

(4)

Electronic, mechanical or garden equipment repair, provided there is no individual customer pickup or delivery at the site. All testing shall be performed within an enclosed building.

(5)

Furniture repair and restoration, provided there is no individual customer pickup or delivery at the site.

(6)

Gardening and landscape maintenance, provided there is no on-site storage of fertilizers, pesticides, plants, soils, and heavy equipment.

(7)

Mail order businesses, provided there are no direct on-site sales to customers.

(8)

Manufacturing of custom items, clothing. Handicrafts, toys, or similar products, using light duty equipment normally found in a residence.

(9)

Private lessons and individual instruction in academic subjects, athletics, the arts, crafts, dance, or similar disciplines, provided that only one student is present for instruction or practice at any time.

(10)

Shoe repair, provided there are no more than eight customer visits per day to drop off or pick up such items and no sales of any kind are permitted.

(11)

Taxicab, limousine, and on-demand transportation service, provided that no vehicle parked at or near the residence sued for the home occupation shall be on-call and available for service or dispatched from the residence by radio, telephone or the internet. An Administrative Use Permit shall be required to have more than one vehicle associated with this service parked at or near the residence where this home occupation is located.

(k)

Storage. There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, except for those amounts which would normally be permitted by the California Building Code or specifically approved as to type by the Zoning Administrator; nor shall merchandise be visible from outside the home.

(l)

Use of Commercial Vehicles. The home occupation may involve the use of a commercial vehicle, not to exceed 11,000 pounds gross vehicle weight rating, as defined in the California Vehicle Code. The following types of vehicles shall be stored off-site and are expressly prohibited on the site of a home occupation:

(1)

Limousines or taxicabs;

(2)

Dump trucks;

(3)

Tow trucks;

(4)

Pick-up trucks with the bed converted into a hauling compartment designed to hold materials and equipment that exceed the height of the existing sides of the truck; construction vehicles (e.g., front-end loaders, backhoes);

(5)

Tractors and trailers (e.g., construction trailers, chipper trailers, and semi-trailers); and

(6)

Construction equipment (e.g., cement mixers, chippers).

(Ord. No. 4623, §§ 24, 25, 5-2-2023)

Hospitals and clinics must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Location. Hospitals are only allowed on sites with at least one frontage on an arterial street.

(b)

Emergency Service Entrance. An off-street short-term parking and loading zone is required with adequate queue space for emergency vehicles.

Live-Work Units must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Establishment. Live-Work Units may be established through new construction or through the conversion of existing multi-family residential, commercial, and industrial buildings.

(b)

Allowable Uses. Work activities in Live-Work Units are limited to uses that are permitted outright or with a Zoning Compliance Review or allowed with an Administrative Use Permit or Conditional Use Permit in the zones in which the Live-Work Units are located. Live-Work Units are not permitted to contain only "work" or commercial uses. On-site storage and sale of materials and merchandise is allowed within enclosed structures; outside storage is prohibited.

(c)

Development Standards. Live-work buildings shall comply with the following standards.

(1)

The minimum size of an individual live-work unit shall be 500 square feet.

(2)

The workspace must meet the requirements of the California Building Code for the type of activity/use being undertaken. Similarly, the area defined as the living space must comply with the Building Code requirements for habitable space and meet, at a minimum, the Building Code standards for an efficiency unit.

(3)

The reuse of existing commercial or industrial buildings for live-work occupancy shall be subject to alternative building standards, as adopted by the County, for the conversion of existing buildings, or portions thereof, from commercial or industrial uses to joint living and work quarters. These alternative standards are intended to provide a reasonable level of safety to the building occupants and are in conformance with the provisions of California Health and Safety Code Section 17958.11

(d)

Sale or Rental of Portions of Two-Level Units Prohibited. No portion of a two-level Live-Work Unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

Mobile Food Trucks must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Permits Required. In addition to an Administrative Use Permit, the operator of a Mobile Food Truckshall submit proof of compliance with the following requirements to the Zoning Administrator:

(1)

Business License. Every operator of a Mobile Food Truck shall obtain a County business license prior to operation.

(2)

Display of Permits. All permits and licenses shall be displayed at the place of business at all times.

(3)

County Health Department. If food and/or beverages are being sold, a valid permit from the Environmental Health Department is required for the commissary as well as for the Mobile Food Truck.

(4)

State-Certified Vehicle. The operator of the Mobile Food Truck shall provide proof that the vehicle is State-certified for operation as a mobile food preparation truck, including compliance with plumbing and electrical standards.

(5)

Vehicle Insurance and Registration. Proof of current insurance and registration of the vehicle must be present with the Administrative Use Permit application.

(b)

Site Criteria/Operational Characteristics. The following criteria shall apply to the siting and operational characteristics of Mobile Food Trucks:

(1)

Where Allowed. Mobile Food Trucks shall be allowed only in Commercial and Industrial Zones and in the Airport Mixed Use Zone (AP-X).

(2)

Adequate Parking Required. A Mobile Food Truck located on the premises of an already established business shall be allowed to operate their business on that location only if it can be shown that there is adequate parking for both the established business and for customers of the outdoor vendor business.

(3)

Overnight Parking. The off-site location where the Mobile Food Truck is to be stored overnight must be identified in the application for an Administrative Use Permit. Mobile Food Trucks shall not be parked in Residential Zones.

(4)

Site Cleanup. The operator of the truck shall be responsible for cleaning up the site and adjacent surrounding area of the trash and debris generated by the business during and at the end of each business day. Wash down of the Mobile Food Truck shall be only permitted at an approved facility that will capture the wastewater in an approved sanitary sewer.

(5)

Locational Limits. The Mobile Food Truck shall not be located within a 12-foot radius of the outer edge of any entranceway to any building or facility used by the public or where space for pedestrian passage will be reduced to less than six feet.

(c)

Permit Time Limits. An Administrative Use Permit for a Mobile Food Truck shall be granted only for a maximum of two years. It may be renewed.

Mobile Home Parks must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Maximum Density. The maximum density is 10 mobile home units per net acre unless a lower General Plan density limit is set for the Residential Zone where the park is located.

(b)

Minimum Mobile Home Site Dimensions.

(1)

Minimum area: 2,500 square feet.

(2)

Minimum width: 40 feet

(3)

Minimum Service Road Frontage: 25 feet.

(c)

Access and Circulation.

(1)

Entrance Roads. Roads that serve entrances to Mobile Home Parks shall provide two-way access and be located no less than 150 feet from a public street. The minimum number of entrances and exits for Mobile Home Parks shall be determined by the Zoning Administrator.

(2)

Internal Roads.

(A)

All Mobile Home Parks shall be served by at least one interior road of continuous two-way circulation.

(B)

No road that does not provide for continuous circulation shall exceed 600 feet in length. Dead-end roads shall have cul-de-sacs of no less than 50 feet in radius.

(3)

Minimum Road Widths.

(A)

24 feet for roads on which parking is prohibited;

(B)

32 feet for roads on which parking is allowed on one side only; and

(C)

40 feet for roads on which parking is permitted on both sides.

(d)

Walkways and Bikeways. All Mobile Home Parks shall provide internal walkways that connect each mobile home site and provide access to all common areas and a public street

(1)

Driveway Crossings. Driveway crossings shall be held to a minimum on walkways, shall be located and designed to provide safety and shall be appropriately marked and otherwise safeguarded.

(2)

Walkways Used by Children. Walkways to be used by children as routes to school, bus stops, or other destinations shall be located and safeguarded to minimize contacts with automobile traffic.

(3)

Bikeways. Bikeways shall be incorporated into the walkway system if there are more than 200 spaces proposed.

(4)

Combined with Easements. Walkways and bikeways may be combined with other easements and used by emergency, maintenance, or service vehicles.

(e)

Required Parking.

(1)

On-site Parking for Residents. One parking space at each mobile home site.

(2)

Guest Parking. One space for every two units, located within 350 feet of the mobile home site.

(f)

Screening. A six-foot high masonry wall shall be provided along the perimeter on the rear and interior side property lines. All common storage areas and common areas for garbage or rubbish shall be screened from mobile home park residents by a screen not less than seven feet in height, and equipment screening shall be provided, as required by Section 9-400.090, Screening of Equipment.

(g)

Landscaping. In addition to the requirements of Chapter 9-402, Landscaping, a 10-foot-wide landscaped strip shall be provided along the perimeter of the Mobile Home Parks abutting roads. All areas not used for buildings, mobile homes, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped.

(h)

Outdoor Recreation Area. All Mobile Home Parks with more than 10 mobile home sites shall provide outdoor recreation and open space areas as follows:

(1)

Minimum Size. Required recreation and open space areas shall contain a minimum of 5,000 square feet plus 100 square feet for each home site over 50. These areas shall be centrally located, free of traffic hazards, accessible to all park residents, and available on a year-round basis.

(2)

Limits on Paving. Not more than 30 percent of outdoor recreation area shall be paved; the balance shall be planted or have pervious surfaces for active use.

(i)

Common Storage Area. A minimum of 50 square feet for each mobile home site shall be provided as common storage areas for use by residents of the Mobile Home Parks for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles.

(j)

Water and Sewer. Each Mobile Home Parks shall have water and wastewater disposal facilities as required by Chapters 9-601, Water Well and Well Drilling, 9-602, Water Systems, and 9-604, Wastewater Treatment and Disposal, respectively.

Nurseries and Landscaping Services must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Products for Sale. Products offered for sale are limited to nursery stock and related materials incidental to the planting, care, and maintenance of plants, including fertilizer, pesticides, seeds, and planting containers, and exclude general building materials and hardware, tools other than for soil preparation and general landscaping.

(b)

Enclosures. All storage, display, and sale of products other than nursery stock must be conducted within a completely enclosed building or within an area enclosed by a solid wall or fence and gate between five and six feet in height.

Outdoor Dining and Seating facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The standards of this Section apply to Outdoor Dining and Seating located on private property and to Outdoor Dining and Seating in the public right-of-way.

(b)

Accessory Use. Outdoor Dining and Seating must be conducted as an accessory use to an Eating and Drinking Establishment located on the same lot or an adjacent lot.

(c)

Enclosure. Awnings or umbrellas may be used but must be adequately secured and/or retractable.

(d)

Encroachment Permits—When Required. An encroachment permit issued by the Director of Public Works shall be required of any Outdoor Dining and Seating proposed within public rights-of-way.

(e)

Furnishing and Fixtures. Furnishing may consist only of movable tables, chairs, and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the principal building.

(f)

Hours of Operation. The hours of operation are limited to the hours of operation of the associated eating and drinking establishment.

(g)

Litter Removal. Outdoor Dining and Seating areas must always remain clear of litter.

(h)

Location. Outdoor Dining and Seating areas may be located within off-street parking spaces or elsewhere on the site or adjacent sidewalks. They shall not impede or be within the required clear paths of travel on sidewalks (a minimum four-foot- wide travel path).

(i)

Maximum Area. The total area of Outdoor Dining and Seating shall not exceed the area for indoor eating.

(j)

Noise Controls. All forms of speaker amplification associated with Outdoor Dining and Seating are prohibited.

(k)

Parking. Where an Outdoor Dining and Seating area occupies less than 200 square feet, no additional parking spaces for the associated eating and drinking establishment is required. Otherwise, parking must be provided according to Chapter 9-404, Parking and Loading.

(l)

Pedestrian Space. Tables and chairs must be placed in a way that allows for an unobstructed pedestrian walkway with a minimum width of four feet. At least 25 percent of the seating must be accessible to persons using wheelchairs.

(m)

Signs. No signs are permitted within public; rights of way except as required for public health and safety reasons. See Chapter 9-408 for detailed requirements.

(n)

Special Events and Outdoor Entertainment. A Temporary Use Permit or Administrative Use Permit is required for special events and outdoor entertainment.

Outdoor Sales must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Permanent Outdoor Display and Sales. The permanent outdoor display and sale of merchandise associated with a retail business, except for Automobile Sales, which is subject to Section 9-409.080, Automobile Sales and Services, requires a Zoning Compliance Review, and must comply with the following standards:

(1)

Relationship to Main Use. The outdoor display and sales area must be directly related to a retail sales business occupying a primary structure on the subject parcel.

(2)

Display Locations.

(A)

Outdoor sales and display located in the public-right-of-way requires an encroachment permit issued by the Department of Public Works.

(B)

The displayed merchandise must not disrupt the vehicle and pedestrian circulation on the site, obstruct driver visibility or otherwise create hazards for vehicles or pedestrians, or use or block a required parking space.

(C)

A four-foot-wide pedestrian pathway to the main entrance of the use must be maintained and not blocked by merchandise. If there is more than a four-foot-wide pathway provided, merchandise may be displayed in an area outside of the required four feet.

(3)

Allowable Merchandise. Only merchandise generally sold at the business is permitted to be displayed outdoors.

(4)

Hours of Operation. The outdoor sales and display area shall only be open during the business hours of the establishment with which it is associated.

(5)

Prohibitions. No part of the display shall consist of moving parts, flashing lights, or other elements that could pose a traffic safety distraction.

(6)

Refuse/Litter. The operator is responsible for collecting trash due to outdoor sales.

(b)

Seasonal and Temporary Sales. For seasonal and temporary sales, such as holiday tree and pumpkin lots, refer to Section 9-409.430, Temporary Uses.

Personal Services must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Hours of Operation. Hours of operation are limited to 7:00 a.m. to 9:00 p.m., seven days a week unless otherwise specified.

(b)

Massage Bodywork Establishments. Massage bodywork establishments, including massage establishments conducted as Accessory Uses, are subject to the requirements listed in this section.

(1)

Permits Required. An Administrative Use Permit and a massage bodywork establishment permit issued pursuant to Title 7, Business Regulations, Chapter 6, Massage/Bodywork Establishments and Massage/Bodywork Technicians, of the County Code are required.

(2)

Facility Requirements. Every massage bodywork establishment shall meet the following requirements:

(A)

Minimum lighting shall be provided in accordance with the National Electrical Code, and, in addition, at least one light of not less than forty watts shall be provided in each room or enclosure where massage services are performed on patrons.

(B)

Minimum ventilation shall be provided in accordance with the Building Code.

(C)

Hot and cold running water shall always be provided.

(D)

Closed cabinets shall be provided for storage of clean linens.

(E)

Adequate dressing, locker and toilet facilities shall be provided for patrons.

(F)

A minimum of one sink shall always be provided. The sink shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each sink.

(c)

Tattoo Parlor.

(1)

Registration Required. Any person who is engaged in the business of tattooing must provide evidence of registration with the County Environmental Health Department.

(2)

No Persons under 18. A sign must be posted on the door or in view of the entrance, stating that no person under the age of 18 is allowed on site, unless accompanied by a parent or legal guardian.

Produce Stands and Agricultural Stores must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The provisions of this Section shall apply whenever:

(1)

A new building or structure is constructed for use as a Produce Stand or Agricultural Store;

(2)

An existing building, including a legal nonconforming structure is enlarged for use as a Produce Stand or Agricultural Store; or

(3)

The use of the site or the use of the building is changed to accommodate a Produce Stand or Agricultural Store.

(b)

Produce Standards. Produce Stands shall be subject to the following development standards:

(1)

Area. The maximum area to be used for a Produce Stand is 700 square feet.

(2)

Landscaping. No landscaping improvements shall be required.

(3)

Length of Operation. Produce Stands shall be temporary. Temporary means any activity, structure, tent or canopy that is used for a period of not more than 180 days within a 12-month period on a single property.

(4)

Location and Number. One Produce Stand shall be permitted per parcel in Agricultural Zones.

(5)

Other Permits. Produce Stands shall comply with all regulations administered by the Building Department and the Fire Department. Produce Stands shall not be required to obtain a permit to operate from the Environmental Health Department. A Business License shall not be required for a Produce Stands when the farmer sells her/his own produce pursuant to Title 7, Section 7-1002(b). No other entitlements from the Community Development Department are needed. Produce Stands shall not be subject to the public Department of Public Works Traffic Impact Mitigation fee.

(6)

Parking. An earthen or gravel parking area capable of accommodating a minimum of two vehicles shall be required for Produce Stands. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans. See Chapter 9-404, Parking and Loading, for additional requirements.

(7)

Retail Sales Activities. Only the sale of produce, cut flowers, and/or shell eggs grown or raised in San Joaquin County is permitted. All other types of merchandising is prohibited.

(8)

Signs. See Chapter 9-408, Signs.

(9)

Structures. Tables and/or membrane structures, such as tents and canopies, are permitted. All tables and membrane structures must be removed when operations cease for the year. Only a permanent built structure of less than 120 square feet is permitted. Such structures shall remain vacant for six months of the year unless an Administrative Use Permit allows the stand to be open for a longer time period each year. All built structures will require a Building permit.

(c)

Small Agricultural Stores. Small Agricultural Store operations require a Zoning Compliance Review and shall be subject to the following development standards:

(1)

Allowable Retail Sales. The sale of agricultural products, sundries, prepackaged food and bottled or canned beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.

(2)

Cold Storage. Cold storage trailers are permitted as an accessory structure to agricultural operations in the Agricultural Zones. Cold storage boxes with glass panels that are used for display shall be included as part of the 150 square foot floor area allowed for retail sales.

(3)

Conversion of Produce Stands to Small Agricultural Stores. A Produce Stand existing on or before May 25, 2000, which is housed in a structure that exceeds 1,500 square feet and that conformed to the Development Title requirements at the time it was established may continue to use the existing building only when:

(A)

The Produce Stand owner or operator has obtained a Business License amendment; and

(B)

The Produce Stand owner or operator has obtained an Administrative Use Permit for a Small Agricultural Store.

(4)

Landscaping. See Chapter 9-402, Landscaping, and the Base Zone requirements.

(5)

Location and Number. One Small Agricultural Store shall be permitted per parcel in the Agricultural and Commercial Zones and in the Warehouse (I-W), Limited Industrial (I-L) and Truck Terminal (I-T) Zones.

(6)

Maximum Floor Area for Retail Sales. 150 square feet.

(7)

Maximum Structure Size. 1,500 square feet.

(8)

Other Permits. Small Agricultural Store shall comply with all regulations administered by the Building Department, Department of Public Works, and the Fire Department. Small Agricultural Stores shall be required to obtain an annual permit to operate from the Environmental Health Department, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Small Agricultural Stores shall also be required to obtain a Business License.

(9)

Parking. The parking surfacing requirement for Small Agricultural Store shall be chip seal. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or an access agreement has been obtained from Caltrans. See Chapter 9-404, Parking and Loading, for additional requirements.

(10)

Signs. See Chapter 9-408, Signs.

(d)

Large Agricultural Stores. Large Agricultural Store operations require an Administrative Use Permit and shall be subject to the following development standards:

(1)

Allowable Retail Sales. The sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.

(2)

Cold Storage. Cold storage trailers are permitted outright as an accessory structure to agricultural operations in the Agricultural Zones. Cold storage boxes with glass panels that are used for display shall be included as part of the 500 square foot floor area allowed for retail sales.

(3)

Landscaping. See Chapter 9-402, Landscaping, and the Base Zone requirements.

(4)

Location and Number. One Large Agricultural Store shall be permitted per parcel in the Agricultural and Commercial Zones and in the Warehouse (I-W), Limited Industrial (I-L) and Truck Terminal (I-T) Zones.

(5)

Maximum Floor Area for Retail Sales. 500 square feet

(6)

Minimum Structure Size. 1,500 square feet.

(7)

Other Permits. Large Agricultural Store shall comply with all regulations administered by the Building Department, Department of Public Works, and the Fire Department. Large Agricultural Store shall be required to obtain an annual permit to operate from the Environmental Health Department, including approval for all proposed or remodeled food facilities if they sell any food items except owner grown produce and shell eggs. Large Agricultural Store shall also be required to obtain a Business License.

(8)

Parking. The parking surfacing requirement for Large Agricultural Store shall be chip seal. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans. See Chapter 9-404, Parking and Loading, for additional requirements.

(9)

Signs. See Chapter 9-408, Signs.

Recreational Vehicle Parks must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Site specifications. Recreational vehicle sites shall conform to the following:

(1)

Area. Sites shall contain a minimum of one thousand five hundred (1,500) square feet with the following exceptions:

(A)

Individual sites in Freeway Service (C-FS) zones may contain a minimum of one thousand (1,000) square feet provided the average area of all recreational vehicle sites in the recreational vehicle park is at least one thousand two hundred (1,200) square feet.

(B)

Up to thirty percent (30%) of individual sites in Commercial Recreational (C-R) Zone or agricultural (AL, AG, or AU) zones may contain a minimum of one thousand (1,000) square feet, provided the average of all recreational vehicle sites in the recreational vehicle park is at least one thousand five hundred (1,500) square feet.

(2)

Setbacks. Recreational vehicle sites and off-street parking spaces shall not be located within the setback areas required for main buildings in the zone in which the recreational vehicle park is located, except where otherwise authorized by the Title.

(3)

Hookup Facilities. All sites shall provide full power, water, and sewage hookup facilities.

(4)

Pull-Through Spaces. No less than twenty percent (20%) of all spaces provided for recreational vehicles shall be "pull-through" spaces which allow forward entry into and exit from the space.

(5)

Site Layout. All individual sites shall be designed to accommodate at least one (1) automobile in addition to the recreational vehicle.

(b)

Access and circulation.

Roads servicing recreational vehicle parks shall comply with the following provisions:

(1)

Entrance Roads. Roads which service entrances to recreational vehicle parks shall provide two (2) way access and shall be provided as required by the Director of the Community Development Department.

(2)

Internal Roads.

(A)

All recreational vehicle parks shall be serviced by at least one (1) interior road of continuous two (2) way circulation.

(B)

The use of nonthrough interior roads shall be minimized. Such roads shall not exceed six hundred (600) feet in length and shall end in cul-de-sacs providing fifty (50) feet in radius for the turnaround of recreational vehicles.

(C)

Each recreational vehicle site shall have frontage on the interior road servicing it.

(3)

Road Widths. Road widths for interior roads shall be as follows:

(A)

Twenty-four (24) feet in clear width where two (2) way traffic is required for ingress and egress.

(B)

Sixteen (16) feet in clear width for one (1) way traffic provided the one (1) way road originates from and terminates in a two (2) way road.

(c)

Park design. Recreational park design shall comply with the standards set forth below:

(1)

Sewage Facilities. All recreational vehicle parks shall be serviced by a sewage disposal system that includes a sewage disposal plant. The use of septic tanks shall not be permitted.

(2)

Noise Mitigation. Recreational vehicle parks shall provide measures to mitigate noise to sixty-five (65) Db Ldn for individual sites.

(3)

Lighting. Lighting of park interiors shall be provided as necessary for the safety or security of park users. Lighting shall be installed so as not to cast glare onto adjoining roads, waterways, or properties.

(4)

Off-Street Parking. Off-street parking shall be provided as set forth in this Section.

(A)

There shall be one (1) parking space provided for each recreational vehicle site.

(B)

In all recreational vehicle parks containing fifty (50) or more recreational vehicle spaces, conveniently located parking bays for additional car parking shall be provided within three hundred (300) feet of any recreational vehicle space.

(5)

Perimeter Treatment. Recreational vehicle park perimeters shall be treated as follows:

(A)

Screening. Screening shall conform to the standards set forth in Section 9-1022.4 (Screening Standards) of this Title.

(B)

Landscaping. A ten (10) foot wide landscaped strip shall be installed and maintained along perimeters of abutting streets. Landscaping shall conform to the standards set forth in Section 9-1020.3 (Landscaping Standards) of this Title.

(6)

Open Space. All recreational vehicle parks with more than ten (10) sites shall provide recreation and open space areas as set forth herein.

(A)

Minimum Area. Required recreation and open space areas shall contain a minimum of five thousand (5,000) square feet, with an additional one hundred (100) square feet for each recreational vehicle site in excess of fifty (50). No more than thirty percent (30%) of said areas shall be paved.

(B)

Locational Criteria. Recreation and open space areas shall be centrally located, free of traffic hazards, accessible to all park residents, and available on a year-round basis.

(d)

Accessory commercial services. Limited commercial services catering exclusively to park users may be permitted, provided such services are necessary for the benefit of park users and will not duplicate services available in adjoining areas. Typical services may include snack shops, laundries, and mini markets. All such accessory commercial services shall be approved by the Review Authority.

(e)

Prohibitions. Prohibitions set forth in this Section shall apply within recreational vehicle parks.

(1)

Permanent Residency. No permanent residency shall be permitted except for a caretaker or manager.

(2)

Conventional Buildings. A recreational vehicle park shall have no conventionally constructed buildings, other than the following:

(A)

Recreational buildings;

(B)

Accessory commercial buildings, as specified in Section 9-1040.6;

(C)

One (1) dwelling unit for the use of a caretaker or manager.

(3)

Mobile Homes. A recreational vehicle park shall have no mobilehomes other than one (1) for the use of a caretaker or manager.

(A)

The site for the mobilehome shall comply with the provisions of Section 9-1040.4 (Mobilehome Sites) of this Title.

(B)

If a mobilehome is used to provide housing for a caretaker or manager, a conventional single-family dwelling for the use of a caretaker or manager shall not be permitted.

(4)

Commercial Uses. There shall be no commercial uses or activities within a park except for those authorized by Section 9-1040.6.

Recycling facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Reverse Vending Machines.

(1)

Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

(2)

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

(3)

Hours of Operation. No restrictions.

(4)

Lighting. Machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(5)

Location. Machines must be located adjacent or as near as feasibly possible, to the entrance of the commercial host use and must not obstruct pedestrian or vehicular circulation. Machines can be located against a wall but not in parking areas.

(6)

Trash Receptacle. Machines must provide a minimum 40-gallon garbage can for non-recyclable materials located adjacent to the reverse vending machine.

(b)

Recycling Collection Facilities.

(1)

Containers. Recycling collection facilities shall use containers that are constructed and maintained with durable waterproof and rust-proof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule. Containers for the 24-hour donation of materials shall be at least 30 feet from any Residential Zone unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

(2)

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

(3)

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

(4)

Location. Recycling collection facilities shall not be located in Residential Zones. Recycling collection facilities located within 75 feet of a Residential Zone or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

(5)

Parking. No additional parking spaces are required for customers of a small collection facility located at the established parking lot of a host use. One space must be provided for the attendant. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

(6)

Setback. Facilities must not be located within a required setback.

(7)

Signs. The maximum sign area is limited to 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container.

(8)

Site Maintenance. Recycling facility sites must be maintained clean, sanitary, and free of litter and any other undesirable materials.

(9)

Size. Recycling collection facilities must not exceed a building site footprint of 350 square feet.

(10)

Use. Collection Facilities shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with approval of the local Fire Chief and in accord with all federal, State, and County regulations.

(c)

Recycling Processing Facility.

(1)

Identification. Containers shall be clearly marked to identify the type of material that may be deposited, the name and number of the facility operator, and the hours of operation; facility shall display a notice stating that no material shall be left outside the recycling containers.

(2)

Landscaping. Landscaping and irrigation plans shall be approved by the Zoning Administrator.

(3)

Location. Facilities must be at least 100 feet from a Residential Zone. If the facility is located within 500 feet of a Residential Zone, it shall operate only between 9:00 a.m. and 7:00 p.m.

(4)

Maintenance. The site shall be maintained free of litter and any other undesirable materials and shall be cleaned of loose debris on a daily basis and will be secured from unauthorized entry a with state and local regulations.

(5)

Nuisance. No dust, fumes, smoke, vibration, or odor above ambient level shall be generated that adversely affects the health, peace, or safety of people residing or working on the premises or in the vicinity.

(6)

Operations. The facility must be administered by on-site personnel during the hours the facility is open.

(7)

Outdoor Storage. Exterior storage of material must conform to applicable requirements.

(8)

Parking. One parking space shall be provided for each commercial vehicle operated by the processing center.

(9)

Site Design. Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the Planning Commission determines that allowing overflow traffic will not adversely affect surrounding businesses and public safety.

(10)

Screening. The facility must be screened from public rights-of-way. Power-driven processing shall be permitted, provided all noise level requirements are met.

(11)

Use. Used motor oil may be accepted with approval of the local Fire Chief.

(d)

Composting and Waste Disposal Facilities.

(1)

Covering or Wetting to Prevent Dust. The owner, proprietor, or caretaker of any composting facility or solid waste landfill must use a tarp to cover the facility or wet it down with water or chemical stabilizers at intervals sufficiently frequent to prevent dust.

(2)

Maintenance—Pest Infestation Prohibited. Waste disposal facilities must be maintained in such a manner that vermin and pest infestation cannot take place.

(e)

Conversion Technology Facilities and Transformation (Waste-to-Energy) Facilities.

(1)

Adjacency. Conversion technology facilities and transformation (waste-to-energy) facilities must be located next to existing solid waste facilities unless an applicant can demonstrate that a location adjacent to existing solid waste facilities is not feasible.

(2)

Location. Facilities must not be located within 250 feet of a Residential Zone.

(3)

Permits Required. The permittee shall submit evidence of the following permits and approvals or proof of an exemption:

(A)

A Spill Prevention, Control and Countermeasure Plan approved by the U.S. Environmental Protection Agency;

(B)

Permits to construct and to operate from the San Joaquin Valley Air Quality Management District (Valley Air), or documentation that the facility is exempt from Valley Air's permitting requirements;

(C)

An industrial discharge permit from the County, or documentation that the facility is exempt from the County's wastewater permitting requirement;

(D)

A permit from the State or local Fire Chief for the storage and use of combustible liquids;

(E)

Permits for all storage tanks (above ground and underground) from the State or local Fire Chief;

(F)

A solid waste permit from the Environmental Health Department, if applicable;

(G)

A Hazardous Materials Safety Permit from the U.S. Department of Transportation or California Department of Transportation if the permittee will be transporting hazardous materials over State highways; and

(H)

A seller's permit from the California Board of Equalization.

(4)

Standards.

(A)

The permittee shall follow the most up-to-date version of Biodiesel Handling and Use Guide prepared by the U.S. Department of Energy National Renewable Energy Laboratory.

(B)

The permittee shall comply with the California Regional Water Quality Control Boards' C.3 Stormwater Control Management requirements.

All Residential Care Facilities must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. The requirements of this Section apply to all Residential Care Facilities serving seven or more persons in any zone where such facilities are allowed, including the following facilities as defined in the California Health and Safety Code, as it may be amended, and Chapter 9-901, Use Type Classifications:

(1)

A Residential Care Facility, as defined at Health and Safety Code Section 1568.01, as a residential care facility for persons with chronic, life-threatening illnesses who are 18 years of age or older, or are emancipated minors, and for family units.

(2)

A Residential Care Facility for the elderly, as defined at Health and Safety Code Section 1569.2, as a housing arrangement chosen voluntarily by persons 60 years of age or over (or their authorized representative) where varying levels and intensities of care and supervision, protective supervision, or personal care are provided based on their varying needs.

(3)

An alcoholism or drug abuse recovery or treatment facility, as defined at Health and Safety Code Section 11834.02, to provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services.

(4)

A hospice facility as defined at Health and Safety Code Section 1339.40, to provide care for persons experience the last phases of life due to a terminal disease.

(5)

Exempt Facilities. Residential Care Facilities for six or fewer residents shall be treated as a residential use and subject only to the same requirements as any permitted residential use of the same housing type in the zone in which they are located.

(b)

Common Open Space. At least 20 square feet of common open space must be provided for each person who resides in the facility.

(c)

Landscaping. Landscaping shall be provided in compliance with the requirements of Chapter 9-402, Landscaping.

(d)

Location. Minimum distance from any other Residential Care Facility: 300 feet as specified by State Health and Safety Code Section 1267.9 (b).

(e)

Parking. Parking shall be provided in compliance with the requirements of Chapter 9-406, Parking and Loading.

Non-exempt Schools, meaning private and charter schools, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Accessory Uses. Accessory uses customarily found in conjunction with Schools, including dormitories, gymnasiums, stadiums, performing arts facilities, and auditoriums, are permitted with an Administrative Use Permit or a Conditional Use Permit, as required for the principal use, provided such accessory uses are located on the same lot or a contiguous lot adjoining the school.

(b)

Locational Standards.

(1)

When Near a Railroad Track Easement. If the proposed site is within 1,500 feet of a railroad track easement, a safety study must be submitted with the use permit application, prepared by a California-licensed traffic engineer trained in assessing the frequency, speed, and schedule of railroad traffic and pedestrian and vehicle safeguards at railroad crossings. In addition to the safety analysis, reasonable and feasible mitigation measures to address existing or potential safety issues must be identified, which shall be incorporated into conditions of approval, as appropriate.

(2)

When Near an Above-Ground Fuel Storage Table or Pipeline. If the proposed site is within 1,500 feet of an above-ground fuel storage tank or high-pressure oil or gas pipeline, or within 2,000 feet of a hazardous waste disposal site, a hazards risk assessment must be submitted with the use permit application, and recommendations of that assessment shall be incorporated into conditions of approval, as appropriate.

(3)

When Submission of Studies Can be Waived. The Zoning Administrator may waive submission of the studies required above if a safety or hazards risk assessment has been previously prepared for the site and submitted to the County or another permitting agency and the applicant agrees to the recommendations and mitigation measures of such an assessment.

(c)

Parking Required. As prescribed by Chapter 9-406, Parking and Loading.

(d)

Permit Required.

(1)

Schools in an Existing Building and Small Additions. An Administrative Use Permit is required if a new School will be located in an existing building, and any new space added to the building will not exceed 20 percent of existing floor area, excluding space in portable classrooms.

(2)

New Schools and Large Additions. A Conditional Use Permit is required for all new construction of Schools and for additions to existing building that exceed 20 percent of existing floor area.

(3)

Findings Required. To grant the Use Permit, the Zoning Administrator or the Planning Commission, as the case may be, must determine, based on the information presented by the applicant and the standards of this Section, that the School location is appropriate for the use, and that adjacent uses will not be adversely affected; that adequate access, student drop-off areas and required off-street parking is provided; and that outdoor play areas are appropriately-sized, furnished with facilities and equipment, safe, and secure.

(e)

School-Specific Site Plan Required. The applicant shall provide a school-specific site plan with the Use Permit application that includes all of the following information:

(1)

The proposed enrollment and student capacity;

(2)

The number and size of all classrooms;

(3)

The size and location of all indoor and outdoor areas for physical education;

(4)

The pedestrian and traffic circulation systems proposed for the site, including student drop-off areas;

(5)

The proposed parking, both on-site and off-site; and

(6)

A development phasing schedule if the School will be developed in phases.

(f)

Site Standards.

(1)

Access. The site shall be easily accessible from arterial or collector streets and shall allow minimum peripheral visibility from planned driveways and drop-off areas.

(2)

Drop-off Areas. Parent drop-off areas, bus loading areas if provided, and on-site parking shall be separated from walkways to allow students to enter and exit the school grounds safely.

(3)

Play Areas. Adequate outdoor or indoor play areas shall be provided to meet the needs for the planned enrollment. The minimum standard is 50 square feet of active play area per student. The Zoning Administrator or the Planning Commission, whichever has permit approval authority, may reduce this requirement upon finding that: (1) public parks are within one-quarter mile of the school and a joint-use agreement with the County has been executed; or (2) the scheduling of physical education (e.g., staggered recess times) permits more efficient use of on-site facilities with less active play area. All outdoor play facilities that border a street or parking area shall be enclosed by a minimum six-foot high fence or wall.

(4)

Delivery and Service Areas. Delivery and service areas shall be located to provide vehicular access that does not jeopardize the safety of students and staff. Delivery/utility vehicles must have direct access from the street to the delivery area without crossing over playground or field areas or interfering with bus or parent loading unless a fence or other barrier protects students from large vehicle traffic on playgrounds.

Service Stations must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Site Design.

(1)

Access. There must be no more than two vehicular access points to/from a single public street. However, fleet fuel stations in Industrial Zones may provide additional access points.

(2)

Air and Water Stations. Air and water stations must be identified on plans and cannot be located within required setback areas.

(3)

Illumination. Any area lighting, including illuminated signs, shall be installed in such a manner so as not to distract passing traffic, or to produce any glare or excessive illumination on adjacent lots.

(4)

Landscape Plan. A landscape plan shall be submitted at the time of application. In addition to the specific standards established below, landscape plans shall comply with the provisions of Chapter 9-402, Landscaping.

(A)

At least a five-foot planting strip located inside of and parallel to the street frontage or frontages (except for necessary driveways) and in other locations as may be designated by the Zoning Administrator.

(B)

The location and type of watering system which meets the approval of the Zoning Administrator shall service all landscaped areas.

(C)

The landscape plan shall specify the size, number, location and type (genus, species or variety) of plant materials to be planted.

(5)

Maintenance. The applicant shall submit a written statement to the effect that landscaping, watering systems and fencing shall be maintained to standards acceptable to the Zoning Administrator.

(6)

Pump Islands. Pump islands must be located a minimum of 15 feet from any lot line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

(7)

Tanks and Utility Boxes. Propane tanks, vapor-recovery systems, air compressors, utility boxes, garbage, recycling containers/enclosures, and other similar mechanical equipment must be screened from public view.

(8)

Trash Storage. An outdoor refuse or storage area shall be provided on the site and shall be enclosed by a six-foot-high solid wall that complement the design and appearance of other fences and walls on the site. No used or discarded automotive parts of equipment or permanently disabled, junked, wrecked, or damaged vehicles shall be located outside the buildings, except within this enclosed refuse or storage area.

Single Room Occupancy (SRO) Housing, also called residential hotels, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Bathrooms. An SRO living unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility must have at least a toilet and sink; a full facility must have a toilet, sink, and bathtub or shower, or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities must be provided that meet the standards of the Building Code for congregate residences with at least one full bathroom per floor.

(b)

Closet. Each unit must have a separate closet.

(c)

Common Area. Four square feet per SRO living unit of common area must be provided, excluding janitorial storage, laundry facilities, and common hallways. At least 200 square feet of common area must be on the ground floor near the entry to the SRO Housing to serve as a central focus for tenant social interaction and meetings.

(d)

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

(e)

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

(f)

Facility Management. An SRO facility with 10 or more units must provide full-time on-site management. A facility with fewer than 10 units must provide a management office on-site.

(g)

Management Plan. A management plan must be submitted with the Conditional Use Permit application for an SRO Housing project for review and approval by the Planning Commission. At minimum, the management plan must include the following:

(1)

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

(2)

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

(3)

Rental Procedures. Rental procedures, including any tenancy requirement (e.g., a weekly or monthly basis); and

(4)

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

(h)

Maximum Number of Units. If an SRO Housing project contains a common kitchen that serves all residents, the maximum allowable number of individual units shall be 20 percent above the maximum number otherwise allowed by the base density applicable to residential development in the zone where the SRO Housing project is located.

(i)

Maximum Occupancy. Each SRO living unit must be designed to accommodate a maximum of two persons.

(j)

Minimum Width, Minimum Size, and Maximum Size. An SRO unit comprised of one room, not including a bathroom, must not be less than 12 feet in width and include at least 180 square feet of habitable space. The maximum size is 350 square feet of habitable space per unit.

Solar Energy Systems must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Small-scale Solar Energy Systems.

(1)

Exemptions—Allowed by Right. Small residential rooftop energy systems, as defined and regulated by Government Code Section 65850.5, and other small energy systems less than 2.5 acres in size are allowed as accessory uses by right; only a building permit is required. See Section 9-400.100,

(2)

Permit Requirements. Non-exempt Small-scale Solar Energy Systems require a Zoning Compliance Review. An Administrative Use Permit is required to convert a Small-scale Solar Energy System to a Utility-scale Solar Energy System.

(3)

Maximum Height. The combined height of a structure and structure-mounted Small-Scale Solar Energy System shall not exceed the height limit of the zone by more than five feet, and the height of a ground-mounted solar array shall not exceed 15 feet.

(4)

Maximum Lot Coverage. The maximum lot coverage for solar arrays and any accessory structures shall be 25 percent of the lot or parcel of land or 2.5 acres, whichever is lesser.

(5)

Farmland Protection. In Agricultural Zones, an accessory renewable energy system shall be sited to minimize any loss of Prime Agricultural Land. If the system is located on a site under a California Land Conservation Act (Williamson Act) contract, the system must serve an agricultural or compatible use, which may include a Single Unit Dwelling and an Accessory Dwelling Unit.

(b)

Utility-scale Solar Energy Systems.

(1)

Construction Measures to Minimize Air Quality Impacts. During site preparation, grading and construction, the operator of the Utility-Scale Solar Energy System must implement best management practices-to minimize dust and wind erosion, including, regularly watering roads and construction staging areas as necessary. Paved roads shall be swept as needed to remove any soil that has been carried onto them from the project site.

(2)

Decommissioning Plan and Guarantees. Prior to issuance of a Grading Permit or Building Permit, a Decommissioning Plan and proposed financial guarantees shall be submitted to the Director of Public Works for approval, and the Director's approval is required as a condition of issuance of a Grading or Building Permit.

(3)

Erosion and Sediment Control. The operator of the system must have a storm-water management permit-and an erosion and sediment control plan approved by the Director of Public Works prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas and to minimize sediment run-off into waterways.

(4)

Environmental Protection. The Utility-Scale Solar Energy Systems shall be sited to avoid or minimize impacts to habitat of special status species, critical habitat areas, and resource conservation areas identified in the General Plan. No net loss of riparian or wetland habitat shall be allowed.

(5)

Farmland Protection. In Agricultural Zones, Utility-Scale Solar Energy Systems shall be sited to minimize any loss of Prime Agricultural Land. If the system is located on a site under a California Land Conservation Act (Williamson Act) contract, the system must be listed as an agricultural or compatible use and allowed by the type of contract. The total site area for a Utility-Scale Solar Energy Systems and other compatible uses shall not be greater than 15 percent of the parcel or 5 acres, whichever is less, unless the Review Authority approves a larger site area upon finding that such a such site will not adversely affect agricultural production on the parcel where the facility is to be located.

(6)

Fencing. Fencing shall be required around the perimeter of a ground-mounted Utility-Scale Solar Energy System. The fencing may be located within a required setback area, provided it is setback at least 15 feet from a front or street side lot line.

(7)

Fire Protection. The operator of the system must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include but is not limited to: emergency vehicle access and turn-around at the facility site(s), vegetation management, and fire break maintenance around all structures.

(8)

Glare. All Utility-Scale Solar Energy Systems shall be designed and located in such a way to minimize reflective glare toward any habitable structure on adjacent properties as well as adjacent street rights-of-way.

(9)

Grading and Access. Utility-Scale Solar Energy Systems shall be sited to maintain natural grades and shall use existing roads for access to the extent feasible. Grading and/or construction of new permanent roads shall be allowed only where necessary for maintenance and emergency access.

(10)

Landscape Buffer. A 10-foot-wide landscape buffer shall be maintained along any facility fencing and between such fencing and the public right-of-way and adjacent residential and agricultural uses.

(11)

Maximum Height. The combined height of a structure and structure-mounted Utility-Scale Solar Energy System shall not exceed the height limit of the zone where it is located by more than five feet, and the height of a ground-mounted solar array shall not exceed 25 feet.

(12)

Property Line Setbacks. The required setbacks from lot lines for ground-mounted systems shall be 30 feet in Agricultural zones and as established by the base zone for all non-agricultural zones.

(13)

Rooftop Setbacks. The required setbacks from the perimeter of a roof for structure-mounted systems shall be three feet on residential buildings and four feet on non-residential or mixed us buildings.

(14)

Siting and Design. The siting and design of the proposed facility will be either:

(A)

Unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from urban and rural communities, rural residential uses, and major roadways and highways; or

(B)

Located in such proximity to already disturbed lands, such as electrical substations, surface mining operations, landfills, wastewater treatment facilities, that it will not further detract from the natural features, open space and visual qualities of the area as viewed from urban and rural communities, rural residential uses, and major roadways and highways

(15)

Transmission Lines. On-site and off-site transmission lines shall be placed underground except where above-ground crossings are otherwise required, such as for a waterway. An encroachment permit shall be required for transmission lines within the public right-of-way.

(c)

Notices.

(1)

At least one notice shall be posted with the following information:

(A)

Maximum power output (kw), rated voltage (volts) and current;

(B)

Normal and emergency shutdown procedures; and

(C)

Emergency telephone numbers.

(2)

No advertising sign or logo can be placed or painted on any Solar Energy System or tower except for manufacturers' decals.

(Ord. No. 4623, § 26, 5-2-2023)

(a)

Permit Requirements. Special Events and Sales require a Temporary Use Permit subject to Section 9-804.080, and can include any organized activity, formation, party, or assembly involving private property not exceeding 4 events for a maximum of 3 successive days or seasonal sales activities not to exceed 60 calendar days that meets or is likely to meet any one or more of the following criteria:

(1)

Exceed 75 people;

(2)

Charge for the right to enter or use the property, to participate, or for food or alcohol;

(3)

Obstruct, delay, or interfere with the normal flow of pedestrian or vehicular traffic on any public or private right-of-way or sidewalk;

(4)

Include more than a single day event or a single day event extending beyond the hours of 7:00 AM to 10:00 PM;

(5)

Publicize through the internet, print, radio, or television;

(6)

Take place at a single, identified location.

(7)

Each property may have no more than 4 events per year.

(8)

Activities may include but are not limited to, weddings, parties, musical events, fundraisers, dinners, dances, outdoor markets, athletic/sporting events, etc.

Events meeting the above criteria that occur without the proper permits may preclude the property owner from applying for future Temporary Use Permits for the same year in which the unpermitted event or events occur.

(b)

Permit exemptions. All events in the County are prohibited unless the proper permits have been issued by the County, or the event is exempt from this Chapter. The following activities are exempt:

(1)

Funeral processions;

(2)

Events held at a private facility approved for the purpose of conducting the type of events proposed;

(3)

Governmental agencies acting within the scope of their authorized function;

(4)

Religious activities in a locations approved for such activities;

(5)

Events held within County parks or community facilities that comply with park regulations;

(6)

Non-commercial events at private residences below the thresholds for section 9-409.430(a).

(c)

Permit Restrictions. A Temporary Use Permit for Special Events and Sales may not be approved for tenants of a Short-Term Rental. Only the property owner may apply for Special Events and Sales at a site that is approved as a Short-Term Rental.

(d)

Application requirements. In addition to the requirements contained in Chapter 9-802, Common Procedures and Section 9-804.080 Temporary Use Permits, the application for a Special Event and Sales permit shall include:

(1)

Contact information for the event sponsor, and an authorized representative of the organization that will be present at the event;

(2)

Written proof of consent by the owners of the property where the event is to be held;

(3)

Event details, including:

(A)

A description and list of all potential activities;

(B)

The estimated number of participants/ attendees;

(C)

The estimated type and number of vehicles;

(D)

The type and use of all permanent and temporary structures to be used for the event

(E)

A general list of food and beverages to be sold or consumed at the event;

(F)

Plans for the following, as applicable:

(i)

Event staffing;

(ii)

Amplified sound;

(iii)

Sanitation facilities;

(iv)

Emergency/first aid;

(v)

Clean-up after the event;

(vi)

Traffic control

(G)

A Nuisance Response Plan shall be submitted with the application and provided on-site during the event, and for the 24 hours prior to and after the event. The Nuisance Plan shall provide a method of contacting the applicant or an alternative person that is at the event for businesses and/or residents that will likely be significantly impacted by noise, amplified sound, traffic, odor, dust, or light from the event.

(e)

Applicant responsibilities. Applicants for an approved event shall:

(1)

Maintain a working decibel reader on-site in plain sight during all event activities.

(2)

Provide adequate parking for the maximum number of attendees/participants on-site or on adjacent private property with an agreement acknowledging the property owner's consent.

(3)

Comply with all terms and conditions of the approved application/permit. Exceeding the scope of the approved activities may result in a revocation of the permit and/or closure of the event.

(4)

Ensure that the approved application/permit or a legible copy is immediately available upon demand during the entirety of the event.

(5)

Ensure that the area used for the permitted event is promptly cleaned to the same condition as existed prior to the event.

(6)

Comply with all applicable local, state, and federal laws, rules and regulations, including, but not limited to, this Title and Section, the California Fire Code and all applicable State Fire Marshall requirements.

This Section establishes standards for Temporary Uses, such as seasonal sales, special events, and construction-related activities, that are intended to be of limited duration of time and will not permanently alter the character or physical features of the site where they occur.

(a)

Exempt Temporary Uses. The following minor and limited duration Temporary Uses are exempt from the requirement for a Temporary Use Permit. Other permits, such as Building Permits, may be required if a structure is constructed.

(1)

Car Washes—Privately Operated. Car washes conducted by a qualifying sponsoring organization on non-residential properties are allowed. Temporary car washes shall not occur on a site more than four times per calendar year and may not operate for a continuous period of more than 12 hours.

(2)

Emergency Facilities. Emergency public health and safety needs/land use activities.

(3)

Garage/Yard Sales. Garage/yard sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards. A nonprofit organization or association of persons also may conduct a garage/yard sale at the residence of one or more of its members pursuant to all of the requirements of this section.

(A)

No more than two garage/yard sales shall be conducted on a site per quarter, for a maximum of three consecutive days each.

(B)

Garage/yard sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

(C)

Signs may be displayed 24 hours before and during the hours the garage/yard sale is actively being conducted and shall be removed at the completion of the sale.

(D)

The conduct of general retail sales or commercial activities in Residential Zones, except as is otherwise expressly authorized under this Title, is prohibited.

(b)

Temporary Use Permits—When Required. The following uses may be permitted pursuant to Chapter 9-804, Use Permits, subject to the following standards.

(1)

Commercial Filming. The temporary use of a site for the filming of commercials, movies, videos, provided the Zoning Administrator finds the approval would not result in a frequency of uses likely to create incompatibility between the temporary filming activity and the surrounding neighborhood.

(2)

On-site and Off-site Construction Yards. On-site and off-site contractors' construction yards, including temporary trailers and storage of equipment and temporary batch plans, may be permitted in conjunction with an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit authorizing the construction, whichever occurs first.

(3)

Real Estate Sales. On-site real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of residential, commercial, or industrial development.

(4)

Seasonal Sales. The annual sales of holiday related items, such as Christmas trees, pumpkins and similar items, may be permitted in accordance with the following standards:

(A)

Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31 ^st .

(B)

Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.

(5)

Special Events and Sales. Short term indoor and outdoor special events, outdoor sales, and displays that do not exceed three consecutive days, may be permitted in accordance with the standards found in Section 9-409.430.

(6)

Temporary Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand opening events, and other special sales events—may be permitted in accordance with the following standards:

(A)

Temporary outdoor sales shall be part of an existing business on the same site.

(B)

Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

(C)

Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(7)

Temporary Structure. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum of two years as an accessory use or as the first phase of a development project, in a Non-Residential Zone. A one-year extension may be granted.

(8)

Temporary Work Trailer.

(A)

A trailer may be used as a temporary work site for employees of a business and for farmworkers:

(i)

During construction of a subdivision or other development project when a valid Building Permit is in force; or

(ii)

During a specific time when additional farmworkers are needed for crop production, such as clearing fields and planting or harvesting; or

(iii)

Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

(B)

A permit for temporary work trailers may be granted for up to 12 months.

(9)

Similar Temporary Uses. Similar temporary uses which, in the opinion of the Zoning Administrator, are compatible with the zone and surrounding land uses and are necessary because of unusual or unique circumstances beyond the control of the applicant.

Veterans supportive housing must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Administrative Permits Required.

(1)

A Zoning Compliance Review shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or less than 49.

(2)

An Administrative Use Permit shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or greater than 50.

(b)

Allowable Locations. The site of the proposed housing must be:

(1)

Within one-half mile of a State or Federal Interstate on parcels with primary frontage on a Minor Arterial or higher classification roadway; and

(2)

Within one-quarter mile of a County-owned hospital.

(c)

Development Standards.

(1)

The proposed housing shall comply with multi-unit residential project landscaping requirements contained in Chapter 9-402, Landscaping, and parking landscaping requirements contained in Chapter 9-406, Parking and Loading.

(2)

Signs shall comply with the regulations for multi-family residential projects contained in Chapter 9-408, Signs.

(3)

Veterans supportive housing shall be served by public water, sewer, and storm drainage.

(4)

If during construction, including any grading activity associated with the construction, subsurface cultural resources are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified cultural resources specialist consulted for an on-site evaluation.

(d)

Artifacts Discovered. If artifacts or evidence of materials, such as bone, shell, or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail an archaeological test excavation and/or mitigative data recovery.

Wind Energy Systems must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zones.

(a)

Applicability. This Section applies to Wind Energy Systems that are used for electrical energy generation only, including Small-scale Wind Energy Systems and Utility-scale Wind Energy Systems.

(b)

Permit Requirements.

(1)

Utility-Scale Wind Energy Systems are permitted in zones where they are an allowable use, subject to a Conditional Use Permit.

(2)

Small-Scale Wind Energy Systems are permitted in zones where they are an allowable use, subject to an Administrative Use Permit and the following limitations

(A)

No more than three tower-mounted small wind turbines with a cumulate rated capacity of 50 kW are allowed as accessory uses on a lot; and

(B)

Small-Scale Wind Energy Systems must be designed to generate energy to be used or stored primarily for on-site use.

(C)

Up to two additional small wind turbines may be allowed if they are mounted on an existing permitted structure, provided the cumulative capacity of all wind turbines on the site does not exceed 50 kW.

(c)

Development Standards. The development standards in Table 9-409.450 apply to all Wind Energy Systems, including those that only require an Administrative Use Permit.

(d)

Additional Standards.

(1)

Color. Structural components, including, without limitation, towers, blades, and fencing must be of a non-reflective, unobtrusive color. Off-white, white, light silver, tan, gray, and sand are permitted colors

(2)

Environmental Protection. Wind Energy Systems shall be sited to avoid or minimize impacts to habitat of special status species, critical habitat areas, and resource conservation areas identified in the General Plan. No net loss of riparian or wetland habitat shall be allowed.

(3)

Exterior Lighting. Exterior lighting on any structure associated with a Wind Energy System is prohibited, except for where specifically required by the Federal Aviation Administration.

(4)

Guy Wires. The use of guy wires is prohibited; wind turbine towers shall be self-supporting.

(5)

Minimum Blade Height - Horizontal Axis. To prevent harmful wind turbulence from existing structures, the lowest extension of any horizontal axis blade must be at least 30 feet above the highest structure or tree within a 250-foot radius. Modification of this standard may be allowed when the applicant demonstrates that a lower height will not jeopardize the safety of the system.

(6)

Prohibited Locations. No part of a Wind Energy System shall be located within or over drainage, utility, or other established easements, on or over property lines, or within 300 feet of a Public Park or Wildlife Preserve.

(7)

Separation Distance—Vertical Axis. Vertical axis systems must be placed at a distance of at least 10 rotor diameters from any structure or tree. A modification may be granted by the Zoning Administrator or Planning Commission for good cause shown, however, in no case can the turbine be located closer than three blade diameters to any occupied structure.

(8)

Tower Access. Towers must either:

(A)

Have tower-climbing apparatus located no closer than 12 feet from the ground;

(B)

Have a locked anti-climb device installed on the tower;

(C)

Be completely enclosed by a locked, protective fence at least six feet high; or

(D)

Have a tower-access limitation program approved by the review authority.

(9)

Tower Base. The area within 10 feet of the tower base shall be kept clear and covered with gravel, mulch, or similar material to prevent growth of vegetation.

(e)

Minimum Performance Standards.

(1)

Electromagnetic Interference. The Wind Energy System must be designed, installed, and operated so that no disrupting electromagnetic interference is caused. If disruptive interference from the facility is identified, it must be promptly rectified.

(2)

Maintenance. Maintenance and inspection records shall be maintained on the site and shall be made available for inspection by the building official on request.

(3)

Noise. All Wind Energy Systems are subject to the noise standards of Chapter 9-405, Performance Standards. In addition, noise shall not exceed 60 dBA for any single event as measured at the closest neighboring residential use, except during short-term events, such as utility outages and severe windstorms.

(A)

The Zoning Administrator may request noise studies including modelling to demonstrate that the maximum exterior noise levels around Single-Unit Dwellings within one mile of the site of a Utility-Scale Wind Energy System will not exceed 45 dBA during the night and 50 dBA during the day.

(B)

For small-scale Wind Energy System, the maximum permissible noise level is 55 dBA at a lot line abutting a Residential Zone boundary and 60 dBA at another other e lot line.

(C)

A post-construction noise monitoring study shall be conducted six months after the facility becomes operational and submitted to the Zoning Administrator for approval. If the facility is found to be noncompliant with these noise standards and the standards in Chapter 9-404, Noise, it must be rectified to meet the standards or shut down immediately.

(4)

Rotor Safety. Each Wind Energy System must be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor.

(f)

Decommissioning Plan and Guarantees. Prior to issuance of a grading permit or building permit for utility-scale systems, a decommissioning plan and proposed financial guarantees shall be submitted to the Director of Public Works for approval, and the Director's approval is required as a condition of issuance of a grading or building permit.

(g)

Notices.

(1)

At least one notice shall be posted with the following information:

(A)

Maximum power output (kw), rated voltage (volts) and current;

(B)

Normal and emergency shutdown procedures;

(C)

The maximum wind speed of the wind turbine in automatic, unattended operation can sustain without damage to structural components or loss of the ability to function normally; and

(D)

Emergency telephone numbers.

(2)

No advertising sign or logo can be placed or painted on any Wind Energy System, except for manufacturers' decals.

(h)

Utility Notification and Undergrounding. For interconnected systems, no wind turbine can be installed until evidence has been given to the Zoning Administrator that the electric utility service provider has been notified and has indicated that the proposed interconnection is acceptable. On-site electrical wires associated with the system must be installed underground, except for "tie-ins" to the electric utility service provider and its transmission poles, towers, and lines.

(i)

Wind Energy Systems for Common Use. Contiguous property owners may construct a Wind Energy System for use in common. In such cases, the Planning Commission may permit a Wind Energy System machine to have a diameter blade configuration greater than 23 feet.

The purpose of this Chapter is to establish regulations that will acknowledge the distinctive pairing of wine grape growing, wine making, and tourism in the County and provide for agricultural tourism and marketing activities while also ensuring that agricultural resources remain vital. These regulations are intended to ensure that winery and wine cellar marketing events focusing on wine are accessory and subordinate to the primary agricultural use. Because it is of great importance to protect the long-term quality and uniqueness of grapes grown in the County, wine tasting rooms shall only showcase wines that are produced with grapes that are grown in the County. These regulations are designed to help the wine industry thrive by allowing a variety of events and a variety of facility sizes, while simultaneously restricting on-going uses that would be incompatible with the ambiance of an agricultural area dedicated to the production of wine.

The provisions of this Chapter apply whenever:

(a)

A new winery building, wine cellar, or accessory structure is constructed;

(b)

An existing building, including a legal nonconforming structure is enlarged for use as a winery, wine cellar or related accessory uses; or

(c)

The use of the site or the use of the building is changed to a winery, wine cellar of accessory use related to a winery or wine cellar.

For purposes of this chapter, a winery includes facilities for: crushing, fermenting, bottling, blending, and aging and may include facilities for shipping, receiving, tasting room(s), laboratory equipment, maintenance facilities, conference room space, sales, and administrative offices.

All wineries and off-site wine cellars shall obtain business license and use permits as required by the 200 Series, Base Zones, for the zone in which the winery or off-site wine cellar is located. Wineries also shall comply with all regulations administered by the Building Department, Department of Public Works, Environmental Health Department, and the Fire Department, as well as federal and State regulations.

Large Wineries shall be subject to the following use regulations and development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities that are permitted in connection with a Conditional Use Permit for a Large Winery include, but are not necessarily limited to, the following:

(1)

Crushing or pressing of grapes outside or within a structure;

(2)

Fermenting wine;

(3)

Aging wine;

(4)

On-site above-ground disposal and treatment of winery waste process water;

(5)

Processing and blending wine;

(6)

Bottling and labeling of wine;

(7)

Storage of wine in vats, barrels, bottles or cases;

(8)

Wine caves and on-site wine cellars;

(9)

Laboratory and administrative offices provided that they are subordinate to the primary operation of the winery as a production facility;

(10)

Shipping, receiving and distribution of wine;

(11)

Refrigeration systems containing acutely hazardous materials;

(12)

Electrical substations for the transformation of utility-supplied transmission or distribution voltage to secondary voltage for on-site use;

(13)

Disposal of grape byproduct solely produced by the permitted winery.

(14)

On-site wastewater treatment systems;

(15)

Repair, maintenance, machining and welding shops, provided that they are subordinate to the primary operation of the winery as a production facility;

(16)

Storage of agricultural and processing machinery and equipment, and truck parking, provided that they are subordinate to the primary operation of the winery as a production facility; and

(17)

Truck scales and a truck inspection station.

(b)

Accessory Uses and Structures. Accessory uses and structures permitted with a Conditional Use Permit for a Large Winery include, but are not necessarily limited to the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the Large Winery premises if permitted on the ABC Winegrowers License, but the maximum cumulative square footage of the wine tasting room structure(s), or an area designated for wine tasting within a multipurpose building, shall not exceed 30 percent of the area designated for production facilities. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of wine production and shall only serve wine produced or bottled from the onsite winery.

(2)

Retail Sales. A maximum of 500 square feet of contiguous floor area within the building designated for wine tasting shall be permitted for retail sales. Sales may include prepackaged foods, non-alcoholic beverages, crafts, and merchandise. The sale and display of the on-site winery's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas shall be ancillary to a wine tasting room;

(4)

Display of art and historical items that reflect the history of the wine industry; and

(5)

Child day care centers are limited to caring for the children of winery employees.

(c)

Production Capacity. A Large Winery shall have a minimum production capacity of more than 555.1 tons of grapes or approximately 100,000 gallons of wine per year. One case of wine is equivalent to 2.377 gallons of wine, and one ton of grapes yields approximately 180 gallons of wine.

(d)

Minimum Site Size. A Large Winery shall be located on a site that is at least 10 acres in size in an Agricultural Zone. Large wineries located on parcels in Non-Agricultural Zones and large wineries established in Agricultural Zones prior to September 22, 2016 are not subject to this minimum site size requirement. Smaller category wineries and off-site wine cellars established prior to September 22, 2016 may be exempt from the minimum site size and may propose to expand to a large winery with a Conditional Use Permit application.

(e)

Setbacks. The following minimum yard setback requirements shall apply for Large Wineries developed in Agricultural Zones. Wineries established prior to September 22, 2016 that expand to a Large Winery with a Conditional Use Permit are exempt from these setback requirements, provided all new construction or use of existing buildings, permanent parking areas, and outdoor eating/entertaining areas associated with the winery do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with a proposed Large Winery shall be set back a minimum of 200 feet from any highway, public road or private road, measured from the nearest property line to the road. Overflow parking spaces may be permitted along driveways and circulation routes provided the minimum driveway width for traffic circulation required by this Chapter is provided.

(2)

For Large Wineries located adjacent to a lot with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the proposed Large Winery shall be set back a minimum of 300 feet from the lot line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is more than 200 feet from the lot line adjacent to the winery's parcel, then the minimum setback may be reduced to 100 feet.

(3)

For Large Wineries located in Agricultural Zones adjacent to a lot without a conforming residence, the required minimum setbacks shall be determined by the zone in which the winery is located.

(4)

For Large Wineries located in Non-Agricultural Zones, the required minimum setbacks shall be determined by the zone in which the winery is located.

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for Large Wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces for large wineries shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor activities and events. Outdoor amplified sound may be conditionally permitted for Large Wineries subject to regulations contained in Chapter 9-404, Noise.

Medium Wineries shall be subject to the following development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities in connection with a use permit for a Medium Winery include, but are not necessarily limited to, the following:

(1)

Crushing or pressing of grapes outside or within a structure;

(2)

Fermenting wine;

(3)

Aging wine;

(4)

On-site above-ground disposal and treatment of winery process water;

(5)

Processing and blending wine;

(6)

Bottling and labeling of wine;

(7)

Storage of wine in vats, barrels, bottles or cases;

(8)

Wine caves and on-site wine cellars;

(9)

Laboratory and administrative offices provided that they are subordinate to the primary operation of the winery as a production facility;

(10)

Shipping, receiving and distribution of wine;

(11)

Refrigeration systems containing acutely hazardous materials;

(12)

Electrical substations for the transformation of utility-supplied transmission or distribution voltage to secondary voltage for on-site use;

(13)

Disposal of grape byproduct solely produced by the permitted winery.

(14)

On-site wastewater treatment systems;

(15)

Repair, maintenance, machining and welding shops, provided that they are subordinate to the primary operation of the winery as a production facility;

(16)

Storage of agricultural and processing machinery and equipment, and truck parking, provided that they are subordinate to the primary operation of the winery as a production facility; and

(17)

Truck scales and a truck inspection station.

(b)

Accessory Uses and Structures. Accessory uses and structures in connection with a use permit for a Medium Winery include, but are not necessarily limited to the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the Medium Winery premises if permitted by the ABC Winegrowers License, but the maximum cumulative square footage of the wine tasting room structure(s), or an area designated for wine tasting within a multipurpose building, shall not exceed 30 percent of the area designated for production facilities. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of wine production and shall only serve wine produced or bottled from the on-site winery.

(2)

Retail Sales. A maximum of 500 square feet of contiguous floor area within the building designated for wine tasting shall be permitted for retail sales. Sales may include prepackaged foods, non-alcoholic beverages, crafts, and merchandise. The sale and display of the on-site winery's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas shall be ancillary to a wine tasting room;

(4)

Display of art and historical items that reflect the history of the wine industry; and

(5)

Child day care centers are limited to caring for the children of winery employees

(c)

Production Capacity. A Medium Winery shall have a minimum production capacity of 201 tons of grapes or approximately 36,000 gallons of wine and a maximum production capacity of 555 tons of grapes or approximately 99,999 gallons of wine per year. One case of wine is equivalent to 2.377 gallons of wine and one ton of grapes yields approximately 180 gallons of wine.

(d)

Minimum Site Size. A Medium Winery shall be located on a site with a minimum size of 10 gross acres in the Agricultural Zone. Medium Wineries located on sites in non-agricultural zones and Medium Wineries established in Agricultural Zones prior to September 22, 2016, are not subject to this minimum site size requirement. Smaller category wineries and off-site wine cellars established prior to September 22, 2016, may be exempt from the minimum site size when they propose to expand to a medium winery with a Conditional Use Permit application.

(e)

Setbacks. The following minimum yard setback requirements shall apply for Medium Wineries developed in Agricultural Zones. Wineries established prior to September 22, 2016, that expand to a medium winery with a Conditional Use Permit are exempt from these setback requirements provided all new construction or use of existing buildings, permanent parking areas and outdoor eating/ entertaining areas associated with the winery do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with a proposed medium winery shall be set back a minimum of 200 feet from any highway, public or private road, measured from the nearest property line to the road. Overflow parking spaces may be permitted along driveways and circulation routes provided the minimum drive width required for traffic circulation is provided.

(2)

For Medium Wineries located adjacent to a parcel with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the proposed medium winery shall be setback a minimum of 300 feet from the lot line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is more than 200 feet from the lot line adjacent to the winery's parcel, then the minimum setback may be reduced to 100 feet.

(3)

For Medium Wineries located adjacent to a parcel without a conforming residence, the required minimum yard setbacks in Agricultural Zones shall be determined by the zone in which the winery is located.

(4)

The setback requirements for Medium Wineries in Non-Agricultural Zones shall be determined by the zone in which the winery is located and are exempt from the requirements outlined above in Subsections (1), (2), and (3) above.

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for Medium Wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor activities and events. Outdoor amplified sound may be conditionally permitted for large wineries subject to regulations contained in Chapter 9-404, Noise.

Small Wineries shall be subject to the following use regulations and development standards:

(a)

Permitted Uses and Structures. Operational uses and production facilities in connection with a Use Permit for a small winery include, but are not necessarily limited to, the following:

(1)

Crushing or pressing of grapes outside or within a structure;

(2)

Fermenting wine;

(3)

Aging wine;

(4)

On-site above-ground disposal and treatment of winery process water;

(5)

Processing and blending wine;

(6)

Bottling and labeling of wine;

(7)

Storage of wine in vats, barrels, bottles or cases;

(8)

Wine caves and on-site wine cellars;

(9)

Laboratory and administrative offices provided that they are subordinate to the primary operation of the winery as a production facility;

(10)

Shipping, receiving, and distribution of wine;

(11)

Refrigeration systems containing acutely hazardous materials;

(12)

Disposal of grape byproduct solely produced by the permitted winery.

(13)

On-site wastewater treatment systems;

(14)

Repair, maintenance, machining and welding shops, provided that they are subordinate to the primary operation of the winery as a production facility;

(15)

Storage of agricultural and processing machinery and equipment, and truck parking, provided that they are subordinate to the primary operation of the winery as a production facility; and

(16)

Truck scales and a truck inspection station.

(b)

Accessory Uses and Structures. Accessory uses and structures in connection with a Use Permit for a Small Winery include, but are not necessarily limited to the following:

(1)

Wine Tasting Rooms. More than one tasting room is allowed on the Small Winery premises if permitted by the ABC Winegrowers License, but the maximum size of a standalone cumulative square footage of the wine tasting room structure(s), or an area designated for wine tasting within a multipurpose building at an on-site wine cellar, shall not exceed 30 percent of the area designated for production facilities or 2,000 square feet, whichever is greater. Tasting rooms shall be clearly incidental, accessory, and subordinate to the primary operation of wine production and shall only serve wine produced or bottled from the onsite winery.

(2)

Retail Sales. A maximum of 500 square feet of contiguous floor area within the building designated for wine tasting shall be permitted for retail sales. Sales may include prepackage foods, non-alcoholic beverages, crafts and merchandise. The sale and display of the on-site winery's wine is not limited to the 500 square foot floor area allowed for the retail sales area.

(3)

Outdoor eating areas shall be ancillary to a wine tasting room;

(4)

Display of art and historical items that reflect the history of the wine industry; and

(5)

Child day care centers are limited to caring for the children of winery employees.

(c)

Production Capacity. A Small Winery shall have a minimum production capacity of more than 1.1 tons of grapes or approximately 201 gallons of wine and a maximum production capacity of 200 tons of grapes or approximately 36,000 gallons of wine per year. One case of wine is equivalent to 2.377 gallons of wine, and one ton of grapes yields approximately 180 gallons of wine.

(d)

Minimum Site Size. A Small Winery shall be located on a parcel with a minimum size of five acres in the Agricultural Zone. Small Wineries located on parcels in Non-Agricultural Zones and small wineries established in Agricultural Zones prior to September 22, 2016, are not subject to this minimum site size. Small Wineries established prior to September 22, 2016, also are exempt from the minimum site size when they propose to expand to a higher category of winery with a Conditional Use Permit application.

(e)

Setbacks. The following minimum yard setback requirements shall apply for Small Wineries developed in Agricultural Zones. Wineries established prior to September 22, 2016, that expand to a Small Winery with a Conditional Use Permit are exempted from these setback requirements provided all new construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the winery do not decrease the existing setback of the buildings, permanent parking areas and outdoor eating/entertaining areas.

(1)

New construction or use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with a proposed winery shall be set back a minimum of 200 feet from any highway, public or private road, measured from the nearest property line to the road. Overflow parking spaces may be permitted along driveways and circulation routes provided the minimum driveway width required for traffic circulation required is provided.

(2)

For Small Wineries located adjacent to a parcel with a conforming residence, the following standards shall apply:

(A)

All new construction, use of existing buildings, permanent parking areas and outdoor eating/entertaining areas associated with the proposed small winery shall be set back a minimum of 300 feet from the property line nearest to the adjacent parcel with the existing residence.

(B)

If the neighboring residence is more than 200 feet from the property line adjacent to the winery's parcel, then the minimum setback may be reduced to 100 feet.

(3)

For small wineries located adjacent to a parcel without a conforming residence, the required minimum yard setbacks for Small Wineries in Agricultural Zones shall be determined by the zone in which the small winery is located.

(4)

The setback requirements for Small Wineries in Non-Agricultural Zones shall be determined by the zone in which the small winery is located and are exempt from the requirements outlined above in Subsections (1), (2,), and (3).

(f)

Height, Fencing, Landscaping, Screening, and Setbacks and Signs. The standards of the zone where the winery is located apply, as well as the additional requirements in Chapter 9-400, General Site Regulations, Chapter 9-402, Landscaping, and Chapter 9-410, Signs.

(g)

Parking. The parking surfacing requirements for large wineries shall be asphalt concrete or Portland cement concrete. The minimum number of required permanent parking spaces for large wineries shall be determined pursuant to Chapter 9-406, Parking and Loading.

(h)

Noise. Amplified sound is permitted at indoor activities and events. Outdoor amplified sound may be conditionally permitted for large wineries, subject to regulations contained in Chapter 9-404, Noise.

On-site wine cellars shall be regarded as an accessory use that is part of the winery operation and are subject to the development standards that apply to the winery.