There are certain land uses that are an integral part of the county which, because of their reliance on the county's natural resource base, must necessarily operate where the resource is located. There are other types of uses which depend on varying geographic conditions or locational requirements that do not fit within a standard zone district and, therefore, must be reviewed on a case-by-case basis. The uses described in Sections 17.88.020 through 17.88.110 of Article I may be located in most or all districts, subject to the specified limitations and requirements, unless the use directly conflicts with a specific district regulation.

(Prior code § 5.03.010 (part))

A.

The exploration, extraction and processing of minerals, rock, sand, gravel, topsoil or steam for commercial purposes and accessory uses may be allowed; provided, a use permit is issued in each case except that asphalt plants and portland cement concrete plants shall be located only in industrial (I) and mineral resource (MR) districts. The provisions of Chapter 18.04 of this code (Surface Mining and Reclamation Act) shall apply to all mineral extraction activities.

B.

Mining may be permitted in the in-stream or gravel bar areas of a river or creek; provided, a use permit is issued in each case, and the removal of sand and gravel is:

1.

Conducted during a declared civil or hazardous material emergency or natural disaster to relieve or correct potential hazards to the public health, safety or welfare caused by such emergency or disaster; or

2.

For removal of dredger tailings for reclamation purposes only; or

3.

To protect a public structure such as a bridge, when it is determined to be necessary by the public entity responsible for such structure; or

4.

To remove a build up of sand and gravel to maintain the channel capacity and prevent flooding.

C.

For Section 17.88.020B2, B3 and B4, a use permit and reclamation plan for mining of in-stream and gravel bar areas shall be based on a stream management program, prepared by qualified professionals in appropriate disciplines, which includes data and analysis to show that:

1.

The mining or skimming shall not lower the stream bed below the designed optimum engineered channel profile and cross sections;

2.

The mining or skimming shall not cause a drop in the surrounding water table;

3.

There shall be no significant adverse impact on in-stream habitat, riparian habitat, wetlands, or rare, threatened, or endangered species of fish, wildlife or plants;

4.

Salmon and steelhead trout spawning gravel within critically important streams, as identified in Section 17.22.030D, shall be strictly protected. All gravel that is the appropriate size for spawning gravel for salmon and steelhead trout shall be left undisturbed, or removed and returned to the river or stream in a manner approved by the Department of Fish and Game;

5.

There shall be no significant adverse impact on existing structures, including bridges and levees;

6.

There shall be no significant increase in bank erosion, deposition or flooding caused by the extraction activity.

D.

Mining may be permitted in the floodplain area of a river or stream; provided, a use permit is issued in each case, and a plan is prepared by a qualified professional including data and analysis to show that the proposed mining in the floodplain will not alter the course of the adjacent river or stream, will not cause river or stream to flow through the mined area, and will not significantly change the boundaries of the floodplain.

E.

Mining may be permitted in areas of agricultural soils; provided, a use permit is issued in each case, and a plan is submitted by a qualified professional including data and analysis to show that the soil shall be replaced in such a way as to maintain the same or better agricultural qualities and class as existed prior to mining disturbance. Mining in A-cg designated areas is subject to general plan policy AG-g.

F.

An operating term shall be required for each mining use permit. This would set a defined length of time during which mining may occur. Any extensions beyond the permit expiration would require further environmental review and discretionary approval. The term of mining should be balanced so as to allow sufficient time for the operator to amortize investments, without sacrificing regulatory effectiveness. The maximum length of time for which any mining permit may be approved is thirty years.

G.

Discretionary land use permits within one-half mile of an IMR district shall be mitigated, as determined necessary by CEQA review, to prevent conflicts with existing and potential mining operations.

(Ord. 99-5 § 7, 1999: Ord. 93-14 § 1, 1993: prior code § 5.03.010 (A))

A.

Small hydropower facilities may be permitted with an approved administrative permit, if all of the following are met:

1.

The project is located in an EA, TP, TL, MR, F-1, M-L, M, or PF district;

2.

The height of the diversion structure, the amount of water to be impounded by it and the electrical capability of the facility will qualify the project for an exemption from the licensing requirements administered by the Federal Energy Regulatory Commission;

3.

The level of mechanical noise generated by the facility, when measured at the property lines of the site on the CNEL scale, shall not exceed the higher of either 55 dBA higher than the ambient noise level on properties adjoining the project site;

4.

A grading plan is submitted to the planning department for review and approval by the department of public works. The plan shall include all provisions necessary to stabilize and revegetate all land temporarily or permanently disturbed by the construction and operation of the facility;

5.

Security acceptable to the county has been filed by the owner or operator of the facility with the planning department to insure compliance with the requirements of subsection D of this section. The amount of any security filed by the owner or operator of the facility with the Department of Fish and Game or the Regional Water Quality Control Board may be used to offset part or all of the security required under this subsection;

6.

The proposed project meets the requirements of the California Department of Fish and Game;

7.

The proposed project meets the requirements of the Regional Water Quality Control Board;

8.

The project sponsor receives the necessary license or exemption from the Federal Energy Regulatory Commission;

9.

The proposed project meets applicable requirements of the U.S. Fish and Wildlife Service;

10.

The project sponsor owns or has the concurrence of the property owner of the site on which the project will be located;

11.

If, in the course of development, any archaeological, historical or paleontological resources are uncovered, discovered or otherwise detected or observed, construction activities in the affected area shall cease and a qualified archaeologist shall be contracted to review the site and advise the county of the site's significance. If the findings are deemed significant by the environmental review officer, appropriate mitigation measures shall be required.

B.

If any of the above criteria are not met, the facility may be permitted if a use permit is issued for it.

(Ord. 95-3 § 78, 1995; prior code § 5.03.010 (B))

Small wind energy systems may be permitted with either an approved administrative permit or use permit, subject to the following requirements.

A.

The following definitions govern this section:

"Small wind energy system" means a wind energy conversion system consisting of a wind turbine(s), a tower(s), and associated control or conversion electronics which will be used to reduce on-site consumption of utility electricity obtained via the electric grid or to enable on-site generation of electricity in lieu of connecting to the electric grid.

"Tower height" means the height above grade of the fixed position of the tower, excluding the wind turbine.

B.

One wind turbine may be permitted with an approved administrative permit. Two or more wind turbines may be permitted with an approved use permit.

C.

With an approved administrative permit, tower heights of not more than sixty-five feet shall be allowed on parcels between one and five acres, and tower heights of not more than eighty feet shall be allowed on parcels greater than five acres, provided that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system. Tower heights in excess of the aforementioned limits may be permitted with an approved use permit.

D.

Setbacks for the system tower from the property line shall be no less than the height of the system, provided that it also complies with any applicable fire setback requirements including, but not limited to, Section 4290 of the Public Resources Code as it may be amended from time to time.

E.

Decibel levels for the system shall not exceed the noise standards established in the Noise Element of the General Plan, except during short-term events such as utility outages and severe wind storms.

F.

The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 [commencing with Section 21001] of Division 9 of the Public Utilities Code) as those requirements may be amended from time to time.

G.

The applicant shall provide information demonstrating that the system will be used to reduce on-site consumption of electricity obtained via the electric grid or to enable on-site generation of electricity in lieu of connecting to the electric grid. The application shall include evidence, unless the applicant does not plan to connect the system to the electric grid, that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator.

H.

A small wind energy system shall not be allowed where otherwise prohibited by any of the following:

1.

A comprehensive land use plan and implementing regulations adopted by an airport land use commission pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Division 9 of Part 1 of the Public Utilities Code.

2.

The Alquist-Priolo Earthquake Fault Zoning Act, Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code.

3.

The county to protect the scenic appearance of the scenic highway corridor pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of Streets and Highways Code.

4.

The terms of a conservation easement entered into pursuant to the Open-space Easement Act of 1974, Chapter 6.6 (commencing with Section 51070) of Division 1 of Title 5 of the Government Code.

5.

The terms of an agricultural conservation easement entered into pursuant to the California Farmland Conservancy Program Act, Division 10.23 (commencing with Section 10200) of the Public Resources Code.

6.

The terms of a contract entered into pursuant to the Williamson Act, Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code.

7.

The listing of the proposed site in the National Register of Historic Places or the California Register of Historical Resources pursuant to Section 5024.1 of the Public Resources Code.

I.

In the event a small wind energy system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the county may take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify aircraft pilots registered to operate in the county pursuant to Section 11921 of the Food and Agriculture Code as it may be amended from time to time.

(Ord. 2002-4 § 1 (part), 2002)

(Ord. No. 2022-04, § I, 7-12-2022)

Forest management activities, as described in the California Forest Practices Act, are permitted as long as the regulations of the Forest Practices Act, along with other applicable state regulations, are met.

(Prior code § 5.03.010 (C))

Fish and wildlife enhancement projects are permitted as approved by the Department of Fish and Game.

(Prior code § 5.03.010 (D))

Agricultural accessory buildings, as defined in 17.02.105, are permitted when accessory to a full-time or part-time agricultural use, provided the property on which the building is to be located is within a zone district that allows agricultural use by right, and the parcel meets the minimum acreage requirements for the zone district.

(Prior code § 5.03.010 (E))

(Ord. No. 2018-01, § 29, 7-17-2018)

Except in R-1, R-2, R-3, RM and MHP districts, circuses, carnivals, open air theaters, race tracks, boat races or similar uses involving temporary or intermittent assemblages of people, automobiles or boats, and that do not involve permanent structural improvements, may be permitted if an administrative permit is issued in each case and it is determined that the proposal will not adversely impact surrounding properties.

(Prior code § 5.03.010 (F))

(Ord. No. 2018-01, § 29, 7-17-2018)

A.

High voltage electrical transmission and distribution projects are permitted if a use permit is issued. Section 17.92.025 of this title governs those projects and sets forth various standards and requirements for applications, permit review, and related matters. In some cases, state and federal laws may regulate certain types or characteristics of these projects. This section shall be construed to provide the county with the maximum control consistent with such other laws.

B.

Public uses and public utilities, with the exception of large wind energy systems as defined in subsection 17.88.335.B. of this chapter, are permitted if a use permit is issued, except that public utility transmission lines, towers, distribution poles and lines, regardless of height, and gas pipelines, which are not associated with high voltage electrical transmission and distribution projects, are permitted uses.

C.

A use permit shall not be issued for a public use or utility or a high voltage electrical transmission and distribution project in a resource district unless findings are made that there is not a reasonable alternative site outside of a resource district, and the impacts from the project on the resource land have been reduced to the lowest reasonable level.

D.

Notwithstanding subsections A and B and C of this section and Section 17.94.040, minor additions or alterations to existing public utility facilities or high voltage electrical transmission and distribution projects, such as construction of small, unmanned buildings or addition of microwave dishes to an existing tower, are permitted uses, and shall not require amendment of a use permit.

E.

Notwithstanding subsections A and B and C of this section, small, new public utility facilities or small, new facilities associated with existing high voltage electrical transmission and distribution projects, such as unmanned telecommunication relay or booster stations, are permitted if an administrative permit is issued.

(Ord. No. 2010-03, § III, 8-3-2010; Ord. No. 2022-04, § II, 7-12-2022)

Editor's note— Ord. No. 2010-03, § III, adopted Aug. 3, 2010, renamed § 17.88.100 from "Public uses and public utilities" to "Public uses, public utilities, and high voltage electrical transmission and distribution projects."

Except in R-1, R-2, R-3, RM and MHP districts, airports, landing strips and heliports are permitted if a use permit is issued.

(Prior code § 5.03.010 (J))

There are certain land uses which, because of their characteristics, are permitted in residential areas, provided they meet appropriate standards. The uses described in this article may be permitted in conjunction with residential uses, subject to the criteria and limitations specified herein.

(Prior code § 5.03.020 (part))

(Ord. No. 2018-01, § 29, 7-17-2018)

The uses described in Sections 17.88.140 through 17.88.250 of this article are permitted in conjunction with a residential use.

(Prior code § 5.03.020 (A)(part))

A.

Intent. The purpose of this section is to:

1.

Provide additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others, in existing urban, suburban and rural residential areas without substantially changing the use, appearance, or character of a neighborhood.

2.

Comply with Government Code Section 65852.2 and the provisions of the Shasta County General Plan that encourage a variety of housing opportunities for all income levels.

B.

Applicability. Subject to all applicable provisions of this section, an Accessory dwelling unit may be established in any zone district which permits a one-family residence by right, and in the Mixed Use (MU) district provided that all required permits have been secured for the one-family residence.

C.

General Provisions. If the provisions of this section conflict with other provisions of the County Code, the provisions of this section shall govern. The following general provisions shall apply to Accessory Dwelling Units:

1.

Number of Units. There shall be no more than one accessory dwelling unit per legal lot.

a.

An accessory dwelling unit shall not be permitted on lots which have a guest house or a family care residence.

b.

A guest house, senior citizen residence, servant's quarters, family care residence or an existing one-family residence may be converted to or replaced by an accessory dwelling unit provided that it complies with all of the requirements of this section.

2.

Sale and Rental. An accessory dwelling unit shall not be sold separately from the one-family residence on the same lot but may be rented provided the rental term is for longer than thirty consecutive days. No accessory dwelling unit shall be used as a short term rental.

3.

Density. An accessory dwelling unit that conforms to the requirements of this subdivision shall be deemed a residential accessory use and will not be considered to exceed the allowable density for the lot, as established by the Shasta County General Plan and Zoning Plan.

4.

Impact Fees. Public facility impact fees for an accessory dwelling unit shall be calculated at the same rate as one unit in a multiple-family residential development.

D.

Development Standards. The accessory dwelling unit shall comply with all applicable development standards of the zone district in which it is located, except as provided in this section.

1.

Size. The living space of any accessory dwelling shall not exceed one thousand two hundred square feet or fifty percent of the living space of the one-family residence, whichever is less. Where fifty percent of the living space of the one-family residence is less than six hundred forty square feet, the living space of the accessory dwelling unit may be up to six hundred forty square feet.

2.

Minimum Lot Acreage.

a.

An accessory dwelling unit shall be a permitted use on any lot that is served by both public water and sewer systems, or on a lot that is one gross acre or more, when it is demonstrated that all applicable development standards can be met.

b.

On lots of less than one acre gross lot area that are served by a private onsite wastewater treatment system, an accessory dwelling unit may be permitted provided that:

i.

The property is served by a public water system; or

ii.

The accessory dwelling unit is created within the existing space of the one-family residence, or the existing space of a legally established accessory structure; or

iii.

An exception is granted through an administrative permit as provided in Section 17.88.132(E)(14).

3.

Height. The height of a detached accessory dwelling unit may exceed the height limitation for a residential accessory structure but shall not exceed the height limitation applied to a one-family residence in the same zone district.

4.

Setbacks. An accessory dwelling unit must comply with the setback requirements of the applicable zoning district and combining districts with the following exceptions:

a.

No additional setbacks shall be required when an existing, legally established garage or other existing residential accessory building that conforms to the zoning district is converted to an accessory dwelling unit in accordance with the provisions of this section.

b.

A minimum setback of five feet from the side and rear lot lines shall be required for a new accessory dwelling unit to be constructed above a legally established and conforming garage or residential accessory building.

5.

Fire Safety. The accessory dwelling unit shall meet all requirements of the County Fire Safety Standards or the Fire Protection District standards, as applicable, for the lot on which it is located, including adequate access to the accessory dwelling unit for emergency personnel and equipment.

6.

Building Code Compliance. The accessory dwelling unit shall meet all applicable requirements of the Building Code (Shasta County Code Title 16) except that fire sprinklers shall not be required if they were not required for the existing one-family residence.

7.

Design.

a.

The accessory dwelling unit shall be architecturally compatible with the existing one-family residence on the same lot in terms of roof pitch, eaves, building materials, colors and landscaping.

b.

An attached accessory dwelling unit and the one-family residence it is attached to shall not have their front entrances located side-by-side or otherwise have the appearance of a duplex.

8.

Location. Except for the conversion of, or construction above, an existing legally established garage or other residential accessory building that conforms with the zone district, a detached accessory dwelling unit shall not be located in front of the one-family residence.

9.

Mobile Homes. A detached accessory dwelling unit may be a mobile home if the property is located in a Mobile Home (T) combining District and the one-family residence is not a mobile home.

10.

Parking. Unless otherwise exempt under Government Code 65852.2(d), or by an approved exception in conformance with this section, off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms which may be provided as tandem parking on an existing driveway.

11.

Garages. An attached garage of up to six hundred square feet may be allowed with an accessory dwelling unit. The allowed garage space shall be excluded from the total combined floor area of residential accessory structures pursuant to Section 17.88.140(B)(2)(a).

12.

Access. The accessory dwelling unit should be served by the same street encroachment and driveway as the one-family residence, which shall comply with the residential driveway standards set forth in Section 6.13 of the Shasta County Development Standards, unless a common encroachment is infeasible, as determined by the Director, due to site constraints such as topography, building site locations or environmental concerns.

13.

Water Supply and Wastewater Disposal. The accessory dwelling unit shall comply with all water supply and wastewater disposal requirements established by environmental health, or other service entity with jurisdiction.

14.

Exceptions. Exceptions may be granted for the following development standards: #1 (Size), #2a (Minimum lot acreage), #8 (Location), #10 (Parking), and #11 (Garages), if an administrative permit is first approved pursuant to Section 17.92.050, and the following findings are made by the director:

a.

The proposed exception from the development standard(s) is necessary due to physical or other constraints on the lot that make the strict application of the standard(s) impractical or inconsistent with existing development on the lot or in the immediate neighborhood; and

b.

The proposed exception from the standard(s) would not result in any health or safety hazard for existing and future residents on the lot or in the neighborhood.

E.

Deed Restriction. Before obtaining a building permit for an accessory dwelling unit, the property owner shall sign, and provide the necessary recording fees, and the county shall file with the county recorder, a restrictive covenant acknowledging that:

1.

The accessory dwelling unit cannot be sold separately from the one-family residence.

2.

The accessory dwelling unit shall comply with all of the provisions of Shasta County Code Section 17.88.132, as such provisions may be amended from time to time.

3.

Obtaining an approved building permit and certificate of occupancy from the department for an accessory dwelling unit does not provide or imply approval or any guarantee that the property can be divided now or in the future. Any future land division shall be subject to all applicable Shasta County subdivision requirements and regulations in effect at the time a land division is proposed.

4.

These limitations shall be binding upon any assigns, successors in interest, personal representatives, estates, and heirs.

(Ord. No. 2017-05, § I, 9-19-2017; Ord. No. 2018-01, § 29, 7-17-2018)

A second one-family residence may be constructed on a lot, in addition to a permitted residence, provided:

A.

The residential density permitted by the general plan and the minimum lot area required by the zoning plan are not exceeded;

B.

The applicant demonstrates that the second residence is located on a lot in a manner that will meet all applicable development standards of the district in which it is located;

C.

Road improvements are constructed, as required by the county development standards;

D.

The second residence meets all requirements of the county fire safety standards, including any required second access or through/continuous road for emergency fire escape purposes;

E.

The second residence meets all requirements of the division of environmental health, including, but not limited to, water supply, sewage disposal, grading, and potential effects on existing water supply and sewage disposal systems;

F.

A new single-family residence shall not be located in any R-3 district since this may have the effect of limiting the housing opportunities of the region and could create specific adverse impacts on the county's ability to provide affordable housing;

G.

Approval of a second single-family residence on a parcel does not ensure that the property can qualify for a future land division. The property owner shall sign an agreement providing that he/she acknowledges his/her understanding of this notice. The planning director shall furnish and record an agreement which shall serve as a covenant running with the land for the benefit of the county. (Applicants/property owners are strongly advised to consult with the appropriate county agencies to determine the applicable development standards that may apply should a future land division be requested.)

(Ord. 2003-1 § 25, 2003)

A.

Residential accessory buildings are buildings which are subordinate to and commonly associated with a residence, including, but not limited to: private garages, carports, covered awnings, greenhouses, and private storage buildings. As used in this section, residential accessory buildings include the terms "residential accessory structure" and "accessory structure." This section does not apply to family care residences, accessory dwelling units, senior citizen residences, guest houses, servant's quarters, or any other buildings permitted and approved for human occupancy, or to agricultural buildings as defined in Section 17.02.105 and as permitted by Section 17.88.060.

B.

Residential accessory structures may be permitted in any district that permits a residence, unless otherwise specified by a particular district, provided that:

1.

In districts which require an administrative or use permit for a residence, the administrative or use permit for the residence is issued; and

2.

The accessory structure(s) comply with the following criteria and all required permits are approved:

a.

On property with a legally established residence, the combined total floor area of all such accessory structures, attached and detached, does not exceed two thousand five hundred square feet excluding six hundred square feet of garage space when attached to and part of the residence, and excluding up to two legal detached structures less than one hundred twenty square feet of floor area each, unless an administrative permit is first approved.

b.

On property where no legal residence has been established, accessory structures may be permitted, provided that an agreement is signed by the property owner and recorded prior to issuance of building permits, acknowledging that the accessory structures cannot and will not be used for human occupancy, or for any purpose in violation of the particular zone district or any other regulatory or prohibitory provision of the Shasta County Code; and further provided that:

i.

The combined total floor area of all accessory structures, including structures less than one hundred twenty square feet, shall not exceed one thousand square feet.

ii.

If a legal residence will be constructed concurrently on the property and all required permits for the residence have been approved, the combined total floor area of all accessory structures may exceed one thousand square feet, subject to the permitting requirements and size limitations of subsection B.2.a of this section, and provided that the final inspection of all such accessory structures shall only occur after or at the same time as the certificate of occupancy is issued for the residence.

c.

The structures and devices are permitted pursuant to the Over-the-Air Reception Devices ("OTARD") Rule, 47 Code of Federal Regulations Section 1.4000, as may be amended from time to time.

d.

When located on property containing one or more dwelling units for the purpose of providing wireless telecommunication services of any type exclusively to the dwelling unit(s) on the subject property, the following antennas and appurtenant facilities may be approved as residential accessory structures by a building permit:

i.

Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to sixty-five feet in height on legal lots and parcels between one and five acres. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater. Guy wires shall only be permitted if they will not encroach into any required yard pursuant to the applicable site development standards for the zone district.

ii.

Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to one hundred feet in height on legal lots and parcels of five acres or more. Minimum setbacks from all property lines shall be equal to two times the facility height. Such facilities may be self-supporting or supported by guy wires.

iii.

Ground-mounted, camouflaged/stealthed, self-supporting facilities supporting antennas up to one hundred feet in height; guy wires are not permitted. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater.

iv.

Roof-mounted masts supporting antennas equal to one-half the height of the building they are attached to. Such masts may be self-supporting or supported by guy wires.

v.

Antennas architecturally integrated into a building with a maximum height equal to one and one-half times the height limit of the zone district in which they are located.

vi.

Facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

vii.

Modifications and additions to approved facilities if the height is not increased.

e.

When located on property containing one or more dwelling unit for the purpose of providing wireless telecommunication services of any type exclusively to the dwelling unit(s) on the subject property, the following antennas and appurtenant facilities may be approved as residential accessory structures by an administrative permit pursuant to Section 17.92.050:

i.

Ground-mounted facilities supporting antennas up to one hundred feet in height that do not comply with the standards of subsection B.2.d of this section.

ii.

Roof-mounted facilities supporting antennas other than masts and roof-mounted masts exceeding a height equal to one and one-half times the height limit of the zone district in which they are located. Such facilities may be self-supporting or supported by guy wires.

iii.

Antennas architecturally integrated into a building exceeding a height equal to one and one-half times the height limit of the zone district in which they are located.

f.

When located on property containing one or more dwelling unit for the purpose of providing wireless telecommunication services of any type exclusively to the dwelling unit(s) on the subject property, antennas and appurtenant facilities, with the exception of those as specified in subsections B.2.d and B.2.e of this section, may be approved as residential accessory structures by a use permit pursuant to Section 17.92.020.

(Ord. 2003-1 § 26, 2003: Ord. 95-3 § 80, 1995: prior code § 5.03.020 (A)(1))

(Ord. No. 2014-02, § II, 1-28-2014; Ord. No. 2018-01, § 29, 7-17-2018; Ord. No. 2020-04, § III, 6-30-2020)

Editor's note— Ord. No. 2014-02, § II, adopted Jan. 28, 2014, retitled § 17.88.140 to read as herein set out. Said section was formerly titled "accessory buildings and uses."

A.

Intent. The purpose of this section is to:

1.

Allow for agricultural use and agriculturally related education opportunities of an appropriate scope and scale in certain zone districts and/or under certain circumstances where such uses are not currently permissible.

2.

Provide reasonable regulations for the establishment, maintenance or operation of such uses that will not, under the circumstances of the particular use, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

B.

Definitions. Except where otherwise provided, the following definitions shall govern this section:

1.

"Animal husbandry project" means the raising of small livestock, goats and/or sheep by students through the twelfth grade under the guidance of a qualified and responsible adult advisor or instructor for a public, private, or home school, 4-H, Grange, Future Farmers of America (FFA), or similar educational program.

2.

"Enclosure" means a coop, hutch, pen, stable, corral, fence, panel, or similar building or structure whether covered or uncovered.

3.

"Small livestock" means chickens, ducks, geese, rabbits or similarly sized livestock animals, excluding roosters.

4.

"Small lot agriculture" means the cultivation of land and raising of plants and animals and shall include:

a.

The preparation and tilling of the soil conducive to horticulture, silviculture and viticulture activities including, but not limited to, the growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain and similar food, feed and fiber crops. Small lot agriculture shall include row; field; tree and nursery crops; and cultivation of open fields or greenhouse crops.

b.

The raising and breeding of small livestock, and other animal husbandry activities customarily incidental to these uses.

c.

Animal husbandry projects, and animal husbandry activities customarily incidental to this use.

d.

The raising of horses and other animal husbandry activities customarily incidental to this use.

e.

Incidental cleaning, grading, packing, polishing, sizing and similar preparation of crops which are grown on the premises, but not including agricultural processing.

f.

Temporary or seasonal sales and promotion of plants and animals grown or raised on the property, including the incidental storage of crops and animals prior to sale.

C.

Applicability. Small lot agriculture shall be permissible on lots located in residential zone districts identified in Section 17.02.025 B.2 that do not list agriculture as defined in Section 17.02.055 as a permitted use and on lots that are less-than-one gross acre in zone districts that list agriculture as defined in Section 17.02.055 as a permitted use.

D.

General standards. The following standards are applicable to small lot agricultural uses:

1.

Small lot agriculture shall be conducted in a clean and sanitary manner and shall not pose a threat to public health.

2.

Small lot agriculture shall be conducted in a manner that does not create a public nuisance condition related to dust, odors, vectors, or waste disposal as determined by county agencies.

3.

Feed shall be stored in rodent-proof containers.

4.

Small livestock, goats, sheep, and/or horses shall have access to shade and water at all times.

5.

Small livestock, goats, sheep, and/or horses shall be confined to the premises of the owner by means of an enclosure that meets the applicable standards of this section, except in areas that are designated open range.

6.

The keeping of small livestock, goats, sheep, and/or horses shall be subject to all applicable animal regulations of Shasta County Code Chapter 6.04, as may be amended from time to time.

E.

Horses and private stables. Horses and private stables shall be permitted, provided:

1.

The minimum lot area upon which a horse may be kept is one acre and one horse may be kept for each one-half acre;

2.

Stables and paddocks shall be located not less than twenty feet from the side or rear property lines, not less than fifty feet from the front property line, and not less than forty feet from any dwelling on the same or adjacent property.

3.

No other livestock of any kind may be kept.

4.

Stables and paddocks shall not be offered, leased, or let for commercial purposes.

F.

Small livestock. Small livestock are permitted, provided:

1.

The number of small livestock does not exceed the following:

a.

For lots up to ten thousand eight hundred ninety square feet (one-quarter acre) in gross area: up to six weaned small livestock;

b.

For lots ten thousand eight hundred ninety-one to twenty-one thousand seven hundred eighty square feet (> one-quarter acre—one-half acre) in gross area: up to twelve weaned small livestock;

c.

For lots twenty-one thousand seven hundred eighty-one to forty-three thousand five hundred sixty square feet (> one-half acre—one acre) in gross area: up to eighteen weaned small livestock, except as provided in Section 17.88.150 F.5.a;

d.

For lots forty-three thousand five hundred sixty-one square feet (> one acre) in gross area: up to twenty-five weaned small livestock per one-half acre, except as provided in Section 17.88.150 F.5.b;

e.

Newborn and juvenile small livestock in excess of these limits shall be removed from the parcel within sixty days.

G.

Animal husbandry projects. Animal husbandry projects are permitted provided:

1.

The project is limited to the raising of goats, sheep, and/or small livestock;

2.

The educational project participant lives on-site.

3.

All applicable animal husbandry project protocols are followed.

4.

If goats or sheep are kept as part of the animal husbandry project the lot shall be at least one-half gross acre.

5.

The number of small livestock, goats and/or sheep are subject to the following limitations:

a.

For lots one-half to one acre of gross area: minimum of two goats or sheep or combination thereof and not more than nine weened small livestock.

b.

For lots over one acre in area: minimum of two and up to four goats or sheep or combination thereof, and not more than eighteen weened small livestock.

6.

If the animal husbandry project involves the keeping of small livestock only, the number of small livestock that may be kept shall be in accordance with Section[s] 17.88.150 C and E.2.

7.

Goats and/or sheep shall be kept for a maximum of six months.

H.

Enclosures. Enclosures shall meet the following requirements:

1.

Setbacks:

a.

On lots that are less than one gross acre in size, covered enclosures shall be located not less than fifteen feet from the side or rear property lines, not less than fifty feet from the front property line, and not less than twenty feet from any dwelling unit on the same lot or forty feet from any dwelling unit on adjacent property. Side and rear yard setbacks may be reduced to five feet on the rear half of the property and the setbacks from any dwelling unit on an adjacent property may be reduced to twenty feet with a written agreement between the neighbor(s) where the encroachment is proposed. Said agreement shall be prepared by the director of resource management, signed and notarized by the applicable neighbors and recorded in the Shasta County official records. The agreement shall run with the land and be binding upon all parties and successors of the agreement until such time as the property on which the small lot agricultural use is conducted is conveyed to another party, at which time said agreement shall be null and void. If the agreement becomes null and void the covered enclosure shall not be used for the purposes as set forth in this section, unless a new agreement is obtained.

b.

On lots that are one gross acre or more in size, covered enclosures shall be located not less than twenty feet from the side or rear property lines, not less than fifty feet from the front property line, and not less than forty feet from any dwelling on the same or adjacent property. Side and rear yard setbacks may be reduced to ten feet on the rear half of the property and the setbacks from any dwelling unit on adjacent property may be reduced to twenty feet with a notarized written agreement between the neighbor(s) where the encroachment is proposed. Said agreement shall be prepared by the director of resource management, signed and notarized by the applicable neighbors and recorded in the Shasta County official records. The agreement shall run with the land and be binding upon all parties and successors of the agreement until such time as the property on which the small lot agricultural use is conducted is conveyed to another party, at which time said agreement shall be null and void. If the agreement becomes null and void the covered enclosure shall not be used for the purposes as set forth in this section, unless a new agreement is obtained.

c.

Setback distances from property lines for covered enclosures shall be measured from the wire fence material or wall of the covered enclosure; or from the closest point of the covered area where no wire fence material or wall exists. Attached uncovered enclosures are allowed in the setback areas established by this section and shall remain uncovered.

d.

Enclosures shall be setback one hundred feet from water wells on the same or adjacent properties.

2.

Materials, design, and maintenance:

a.

Enclosures shall be constructed of typical construction materials and shall not be constructed of junk, including, but not limited to, garage doors, scrap material, pallets, etc.

b.

Enclosures shall be good, strong, substantial, and sufficient to prevent the ingress and egress of livestock, and shall be maintained in good working order.

c.

Wire fencing shall meet the definition of a "lawful fence" pursuant to California Food and Agricultural Code section 17121, as may be amended from time to time. Use of barbed or razor wire fencing is prohibited on lots located in and urban or suburban Shasta County General Plan designation.

d.

Enclosures shall be constructed of materials that are neutral and monotone in color.

e.

Enclosures shall provide access to shade and water.

f.

Enclosures shall be designed and constructed to deter predators.

g.

Enclosures shall be designed and constructed to be easily accessed and cleaned.

h.

Enclosures shall comply with all applicable building and fire codes, as may be amended from time to time.

3.

Covered and/or fully contained enclosures:

a.

Covered and/or fully contained enclosures shall be adequately ventilated.

b.

Covered and/or fully contained enclosures shall be watertight.

c.

Covered and/or fully contained enclosures shall be large enough to provide a minimum of six square feet of area per small animal.

4.

Uncovered enclosures:

a.

Uncovered enclosures shall be designed with direct access to a covered or fully contained enclosure.

b.

Uncovered enclosures shall be large enough to provide a minimum of ten square feet of ground area per animal.

I.

Slaughtering and butchering:

1.

Small livestock raised on the lot may be slaughtered outdoors.

2.

Butchering of slaughtered small livestock shall occur only indoors.

3.

Butchering of slaughtered small livestock shall be for non-commercial purposes only.

4.

Rendering of animal waste from slaughter and butchering of small livestock shall be limited to indoor kitchen rendering of products for non-commercial use. All other animal waste from slaughter and butchering that is not rendered in an indoor kitchen shall be disposed of in compliance with applicable waste disposal laws.

5.

All slaughtering, butchering, rendering, and waste disposal shall be carried out in a manner that does not create a public nuisance condition related to odors, vectors, or waste disposal as determined by county agencies.

(Ord. No. 2024-09, § 1, 12-19-2024)

Editor's note— Ord. No. 2024-09, § 1, adopted Dec. 19, 2024, repealed the former § 17.88.150 and enacted a new § 17.88.150 as set out herein. The former § 17.88.150 pertained to private stables and derived from Prior code § 5.03.020 (A)(2).

Notwithstanding any other provisions of this article, a mobile home or travel trailer may be temporarily placed in any district for residential occupancy by the owner of the building site during construction of a one-family or two-family residence; provided the requirements of Section 16.04.110 of this code are met, and one-family or two-family residences are permitted in the district, or in districts in which a use permit is required for such a residence, the use permit is issued.

(Prior code § 5.03.020 (A)(3))

A residence or model home may be temporarily used as a development sales office, for the sale of one-family residences and undeveloped lots in a new residential development, if it is located within the boundaries of the new residential development, and its use as a sales office ceases when all such residences and lots have been sold.

(Ord. 95-3 § 81, 1995)

With a zoning permit, the uses described in Sections 17.88.175 through 17.88.196 may be located in zone districts which permit them, subject to the criteria and limitations specified herein. However, where a determination of compliance with the specified criteria or limitations requires the exercise of substantial discretion concerning the standards to be applied to a permit application, or deferral or waiver of such standards, then the application shall be referred to the planning commission for a decision following a noticed public hearing.

(Ord. 99-1 § 47, 1999: Ord. 95-3 § 83, 1995)

A home occupation may be established on a lot, in addition to a permitted residential use, provided:

A.

There shall be no exterior evidence of the conduct of a home occupation, including, but not limited to, outside storage, electrical interference, dust, smoke, vibration, noise, odors, fumes or advertising signs of any kind;

B.

It is conducted in the home, an attached garage or in a residential accessory building;

C.

The floor space occupied by a home occupation shall not exceed twenty-five percent of the floor space of the dwelling unit if located within the dwelling unit, or four hundred square feet if in an attached garage or residential accessory building;

D.

Except for articles produced on the premises, no stock-in-trade may be displayed or sold on the premises;

E.

It shall be conducted only by persons residing in the dwelling unit in which the home occupation exists. No other persons may be engaged in or employed for purposes of a home occupation;

F.

It will generate no customer vehicle trips. If the home occupation will generate customer vehicle trips, an administrative permit must be secured, in accordance with the provisions of Section 17.88.205.

(Ord. 95-3 §§ 82 (part), 84, 1995; prior code § 5.03.020(B)(5))

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.180, which pertained to senior citizens residence and derived from Ord. 95-3 § 82 (part), 1995; prior code § 5.03.020(B)(2).

A guest house may be constructed on a lot, in addition to a permitted one-family residence, provided:

A.

It shall be constructed without kitchen or cooking facilities, and shall be clearly subordinate, incidental to and architecturally compatible with the principal residence on the same building site;

B.

Neither the principal residence or the guest house shall be a mobile home;

C.

Only one guest house shall be permitted on a lot and no guest house shall be permitted on a lot which has more than one dwelling unit;

D.

It shall not be located in any required yard area. A detached guest house shall be behind the main residence, and shall not be closer than six feet from the nearest point of the main residence;

E.

A detached guest house shall not exceed six hundred forty square feet in size, and shall not exceed a height of twenty feet;

F.

No guest house or any part thereof shall be rented, let or leased separately from the principal residence, whether compensation is direct or indirect;

G.

Parking shall be provided, as specified in Chapter 17.86.

H.

The property owner shall sign an agreement providing that, if the guest house is not operated or conducted as set forth in this section, the building or portion thereof shall be removed or modified to be in conformance with the appropriate district requirements. The director of resource management shall furnish and record the agreement in the office of the county recorder, which shall serve as a covenant running with the land for the benefit of the county.

(Ord. 95-3 §§ 82 (part), 85, 1995; prior code § 5.03.020(B)(3))

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.190, which pertained to servant's quarters and derived from Ord. 95-3 § 82 (part), 86, 1995; prior code § 5.03.020(B)(4).

The continued use of an existing legally established residential structure while constructing a replacement residential structure (temporarily exceeding density standards) is permitted if a zoning permit is issued, and:

A.

The property is in a zone district that permits residential uses; and

B.

The applicant agrees to convert to storage or remove the structure being replaced within forty-five days of the final inspection of the new residential structure except when extenuating circumstances exist and the planning director authorizes additional time; and

C.

A building permit is issued for the conversion of the structure or a demolition permit is issued at the time of the issuance of the permit for the replacement residence; and

D.

The property owner has signed the conditions of the permit agreeing that in the event that the above conditions are not complied with, and the county is required to initiate abatement proceedings, or to take court action to enforce the conditions listed above, the property owner shall pay all reasonable and necessary court costs and attorney's fees incurred by the county.

(Ord. 99-1 § 48, 1999)

The establishment of temporary sales lots for the seasonal sales of pumpkins and Christmas trees, including the use of a self-contained trailer for an office or night watchman's quarters is permitted if a zoning permit is issued, and:

A.

The property owner signs the application agreeing to the use of the property and the conditions of approval; and

B.

The site is in a commercial district that permits the seasonal sales associated with a recognized holiday; and

C.

A permit for temporary power is issued by the building division if electrical service is desired; and

D.

Adequate temporary sanitation facilities are provided; and

E.

All refuse, trash, travel trailer, lighting and temporary fencing is removed from the site within ten days following the seasonal event; and

F.

The property owner has signed the conditions of the permit agreeing that in the event that the above conditions are not complied with, and the county is required to initiate abatement proceedings, or to take court action to enforce the conditions listed above, the property owner shall pay all reasonable and necessary court costs and attorney's fees incurred by the county.

(Ord. 99-1 § 49, 1999)

The establishment of a temporary outdoor auction yard for heavy equipment and trucks, including the use of a self-contained trailer for office use or night watchman's quarters is permitted if a zoning permit is issued, and:

A.

The property owner signs the application consenting to the use of the property and the conditions of approval; and

B.

The site is in a commercial-light industrial (C-M) zone district, a general industrial (M) zone district or the unclassified zone district and the site is in a commercial (C) or industrial (I) land use designation of the general plan; and

C.

A permit for temporary power is issued by the building division if electrical service is desired; and

D.

All refuse, trash, travel trailers, lighting and temporary fencing is removed from the site within five days following the event; and

E.

There is no inoperable or disabled equipment left on the site; and

F.

Adequate temporary sanitation facilities are provided; and

G.

All applicable state permits are in possession of the auction operator; and

H.

Adequate parking exists on-site for the anticipated attendance; and

I.

There shall not be more than two auctions per calendar year; and

J.

The property owner has signed the conditions of the permit agreeing that in the event that the above conditions are not complied with, and the county is required to initiate abatement proceedings, or to take court action to enforce the conditions listed above, the property owner shall pay all reasonable and necessary court costs and attorney's fees incurred by the county.

(Ord. 99-1 § 50, 1999)

With an administrative permit, the uses described in Sections 17.88.205 through 17.88.235 may generally be located in zone districts which permit them, subject to the criteria and limitations specified herein. However, where a determination of compliance with the specified criteria or limitations requires the exercise of substantial discretion concerning the standards to be applied to a permit application, or deferral or waiver thereof, then the application shall be referred to the planning commission for a decision following a noticed public hearing.

(Ord. 95-3 § 82 (part), 87, 1995; prior code § 5.03.020(B)(part))

A home occupation with customer vehicle trips may be established on a lot, in addition to a permitted residential use, provided the home occupation meets all criteria of subsections A through E of Section 17.88.175, and customer vehicle trips do not exceed the following:

A.

If the lot is one acre or less in size, up to six customer vehicle trips may be permitted daily;

B.

If the lot is larger than one acre in size, up to ten customer vehicle trips may be permitted daily.

(Ord. 95-3 § 88, 1995)

(Ord. No. 2018-01, § 29, 7-17-2018)

A family care residence is a mobile home placed temporarily on a lot for the purpose of providing temporary in-home care to family members due to a medical need. Where allowed in the particular zone district, a family care residence may be permitted on a lot which contains a permitted dwelling, provided:

A.

No family care residence shall be permitted on a lot which has more than one dwelling unit.

B.

The temporary mobile home is for the exclusive use and temporary in-home care of a grandparent or grandparents, parent or parents, siblings or children, or grandchildren of the occupant of the principal dwelling unit; or the principal dwelling unit may be designated as the family care residence, in which case the temporary mobile home shall be utilized by the relative or non-family caregiver providing the care.

C.

1.

A licensed physician (as defined by Section 2050 et seq. of the Business and Professions Code of the state of California) has provided to the county health officer, in writing:

a.

A specific diagnosis; and

b.

A determination, based on the impact the diagnosis has on the intended occupant's activities of daily living, that there is a significant medical need, which may include frailty, for such temporary in-home care.

2.

The county health officer has provided to the director of resource management, in writing, a statement, based on the intended occupant's physician's determination in subsection C.1 of this section that in-home care is warranted.

D.

The intended occupants of the mobile home cannot reasonably be housed in the principal dwelling unit. The applicant shall provide information regarding the living situation that substantiates the need for a family care mobile home.

E.

All requirements of the county environmental health division shall be met and the family care mobile home shall utilize existing water and wastewater facilities available on-site.

F.

All required installation permit(s) are issued by the building division.

G.

All parcels subject to this subsection shall be at least one acre in size.

H.

The location of the family care mobile home shall meet setback requirements found in the base zone district and applicable fire safety standards.

I.

Mobile homes placed under this section shall meet the following requirements:

1.

The body of the mobile home, excluding chassis, shall not be larger than a single-wide unit. Measurement of width shall not include any permanently attached portion of their mobile home which folds into the main body for transportation.

2.

The axle shall remain on the unit.

3.

Skirting may be affixed to the mobile home for energy conservation, but no skirting or other improvement shall be affixed to or placed adjacent to the mobile home which may limit its mobility.

4.

The mobile home shall be currently registered pursuant to Chapter 4.7 (commencing with Section 18075) of Part 2 of Division 13 of the California Health and Safety Code.

J.

The term of any administrative permit issued for a family care residence pursuant to this subsection shall be four years; provided, notwithstanding the provisions of subsection F of Section 17.92.050, the permit shall be renewable in four-year increments provided that in each case an application for renewal shall be made prior to expiration of the permit, which shall include:

1.

Payment of a renewal fee as set by the board of supervisors; and

2.

A written statement signed by a licensed physician confirming the medical need, which may include frailty, for continuing temporary in-home care for the occupant(s) of the mobile home, or for the non-family caregiver providing the care.

K.

Upon expiration of the permit or when temporary in-home care is no longer needed, the mobile home shall be removed from the property within ninety days. The mobile home shall not be occupied during that period. A longer period may be approved in writing by the resource management director.

(Ord. 2003-1 § 27, 2003; Ord. 98-7 § 1 (part), 1998; Ord. 95-3 §§ 82 (part), 89, 90, 1995; Ord. 94-4 § 16 (part), 1994; Ord. 378-1656 § 1 (part), 1992: prior code § 5.03.020(B)(1))

(Ord. No. 2014-01, § I, 1-7-2014)

A large family day care home may be established on a lot, in addition to a permitted residential use if an administrative permit is issued, and provided:

A.

The maximum number of children or adults at any time shall be fourteen (14). This includes the licensee's children and assistant's children under the age of ten and all other children under the age of eighteen;

B.

It may be located in a one-family residence;

C.

It shall not be located within five hundred feet driving distance of another large family day care home;

D.

No signs are permitted;

E.

All fire safety requirements shall be met, including a fire safety clearance by the State Fire Marshal;

F.

A parking and loading area shall be provided, as specified in Chapter 17.86, except the loading area may be located in a front or side yard that typically is used as a driveway that leads to a garage or parking area. The parking and loading area shall be improved with at least four inches of gravel or cinders;

G.

It shall have frontage on, and access off of, a road that meets all applicable standards. Roads that are constructed for this project shall meet adopted county standards. Existing paved roads, including public roads, shall meet all safety and capacity criteria. If determined to be deficient, improvements to the road may be required.

(Ord. 95-3 §§ 82 (part), 91, 1995; prior code § 5.03.020(B)(6))

(Ord. No. 2018-01, § 29, 7-17-2018)

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, retitled § 17.88.215 to read as herein set out. Said section was formerly titled "large day care home."

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.220, which pertained to mobile homes in an unclassified district and derived from Ord. 95-3 § 82 (part), 1995; prior code § 5.02.020(B)(8).

A bed and breakfast facility may utilize a portion of a one-family residence, provided:

A.

If the lot is less than one acre, there shall be no more than two guest rooms. On lots over one acre, there shall not be more than four guest rooms;

B.

There shall be no more than two adults per guest room;

C.

The guest rooms may be in a detached accessory building if located in a district that permits guest houses. Such building shall be located behind the primary residence, shall not exceed twenty feet in height (unless it is existing), and shall be architecturally compatible with the principal residence;

D.

Neither the principal residence or the guest rooms shall be a mobile home;

E.

The owner shall occupy the primary residence;

F.

The guest rooms shall not have individual kitchen facilities;

G.

Meals shall be limited to overnight guests;

H.

Signs as allowed by and subject to the provisions of Sections 17.84.060 through 17.84.069;

I.

Separate bed and breakfast guest facilities shall not be within one thousand five hundred feet driving distance of each other;

J.

Off-street parking shall be provided, as specified by Chapter 17.86. The parking area shall be in an inconspicuous area and shall be surfaced to county standards;

K.

The facility shall not interfere with or adversely impact surrounding residential uses;

L.

No employees are permitted other than those residing in the dwelling unit;

M.

The requirements of the Division of Environmental Health shall be met.

(Ord. 2002-2 § 30, 2002; Ord. 95-3 § 82 (part), 1995; prior code § 5.03.020(C)(1))

A.

Intent. The purpose of this section is to establish a set of regulations applicable to short-term rentals. Special regulation of short-term rentals is necessary to ensure that they will be compatible with surrounding uses and will not act to harm or alter the neighborhoods they are located in while also recognizing the diversity of the short-term rental market.

B.

Definitions. Except where the context otherwise requires, the following definitions shall govern this section:

1.

"Bedroom" means a room that is fully enclosed conditioned space within a one-family residence and meets the following criteria:

a.

Is located along at least one exterior wall;

b.

Is at least seventy square feet in size and not less than seven feet in any horizontal dimension;

c.

Has a minimum ceiling height of seven feet (if the ceiling is sloped, fifty percent may be less than seven feet in height, but no part shall be less than five feet in height);

d.

Has a built-in closet or storage area; and

e.

Has at least one window or door exiting directly to the outside for ingress/egress that meets the applicable building code requirements for light, ventilation, and fire escape.

2.

"Director" means the director of the resource management department or his/her designee.

3.

"One-family residence" is defined in Shasta County Code Section 17.02.450.

4.

"Hosted homestay" means a portion of a one-family residence where, for compensation, individual overnight room accommodations are provided for a period of thirty consecutive calendar days or less and the property owner resides within the residence while it is being rented.

5.

"Short-term rental" means either a hosted homestay or a vacation rental.

6.

"Vacation rental" means an entire one-family residence where, for compensation, overnight accommodations are provided for a period of thirty consecutive calendar days or less. The property owner may or may not reside within a separate legally established one-family residence or accessory dwelling unit on the parcel while the vacation rental is being rented.

7.

"Long-term occupant" means a tenant or other occupant lawfully occupying the property for a period of thirty-one consecutive calendar days or more.

C.

Applicability. Short-term rentals may be established in any zone district which permits a one-family residence by right, and in the Mixed Use (MU) District provided that all required permits have been secured for the one-family residence, subject to all applicable provisions of this section.

D.

Hosted Homestay Approval Process. No person shall operate a hosted homestay without first obtaining approval as required by this section. The following approval process is hereby established:

1.

Property owners proposing to operate a hosted homestay must file an affidavit with the department of resource management certifying that they understand and agree to the requirements of this section, and must submit all items required below and a permit and regulatory fee as established by the board of supervisors. Property owners must obtain approval of annual renewals in order to continue to operate beyond the initial one-year term of an approved affidavit; renewal requests and renewal fees must be received no later than the hosted homestay affidavit expiration date. Approved hosted homestay affidavits are not transferable to another property. Approved hosted homestay affidavits are not transferable to subsequent property owners unless prior to any transfer an amended affidavit is filed with the department of resource management that otherwise meets all of the requirements to operate a hosted homestay.

2.

Applicants for a hosted homestay shall be required to provide all pertinent information, as determined by the director, necessary to determine compliance with this section and shall pay a permit and regulatory fee as may be established by the board of supervisors. At a minimum, applications for a hosted homestay shall include the following information:

a.

A site plan or other information deemed necessary by the director to determine compliance with this section may be required.

b.

A floor plan or other information deemed necessary by the director to determine compliance with this section may be required.

c.

The property owner shall provide, and keep on file with the county, their name, address, telephone number, and e-mail address.

3.

No application shall be approved until all fees, the application form and related information are received by the department of resource management.

4.

The director shall consider approval of the application after the application is accepted. The decision on the application is ministerial and public notice is not required.

a.

If the director determines that the proposed hosted homestay appears to meet all applicable criteria, the director shall approve the application.

b.

If the director determines that the proposed hosted homestay does not meet all applicable criteria, the director shall deny the application.

5.

If the director denies the application, the owner or applicant may appeal to the planning commission. Such appeal shall follow the same procedures applicable to variance and use permit appeals. The decision of the planning commission is final.

6.

The holder of a hosted homestay affidavit may surrender it to the department of resource management at any time and thereafter shall cease to engage in, operate or maintain the use.

E.

Vacation Rental Approval Process. No person shall operate a vacation rental without first obtaining approval as required by this section. The following approval process is hereby established:

1.

All vacation rentals shall require approval of a vacation rental permit and shall comply with all requirements of this section. In making a determination to approve a vacation rental permit application, the director shall consider whether or not the proposed vacation rental meets or will meet all applicable requirements of this section. The vacation rental permit application shall include the application form and all items required below. Permittees must obtain approval of annual renewals in order to continue to operate beyond the initial one-year term of an approved vacation rental permit; renewal requests and renewal fees must be received no later than the vacation rental permit expiration date. Approved vacation rental permits are not transferable to another property. Approved vacation rental permits are not transferable to subsequent property owners unless prior to any transfer an amended application form is filed with the department of resource management that otherwise meets all of the requirements to operate a vacation rental.

2.

Applicants for a vacation rental shall be required to provide all pertinent information, as determined by the director, as necessary to determine compliance with this section and shall pay a permit and regulatory fee as may be established by the board of supervisors. At a minimum, applications for a vacation rental shall include the following information:

a.

A site plan identifying the location of structures, on-site parking, trash receptacles, and vehicular access to the parcel.

b.

A floor plan attesting to the number of bedrooms. The floor plan does not have to be professionally drawn but must be reasonably accurate.

c.

The property owner shall provide, and keep on file with the county, the name, address, telephone number, and e-mail address of the property owner and a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental, and who shall have access and authority to assume management of the vacation rental and take remedial measures. The local contact person may be the property owner or other person designated by the property owner to serve in this capacity. This information shall be updated as necessary to remain current, included in every rental agreement and posted in a conspicuous location within the vacation rental. The property owner or local contact person shall be available twenty-four hours per day, seven days per week whenever the vacation rental is rented to accept telephone calls and respond physically to the property within sixty minutes of receiving a call.

3.

No application shall be approved until all fees, the application form and related information are received by the department of resource management.

4.

The director shall consider approval of the application after the application is accepted. The decision on the application is ministerial and public notice is not required.

a.

If the director determines that the proposed vacation rental appears to meet all applicable criteria, the director shall approve the application.

b.

If the director determines that the proposed vacation rental does not meet all applicable criteria, the director shall deny the application.

5.

If the director denies the application, the owner or applicant may appeal to the planning commission. Such appeal shall follow the same procedures applicable to variance and use permit appeals. The decision of the planning commission is final.

6.

The holder of a vacation rental permit may surrender it to the department of resource management at any time and thereafter shall cease to engage in, operate or maintain the use.

F.

General Requirements Applicable to All Short-Term Rentals.

1.

Advertising. All advertising for any short-term rental shall include the affidavit or zoning permit number assigned by the county, the number of county-approved bedrooms, the maximum occupancy, and the transient occupancy tax number.

2.

Building Type. Short-term rentals shall be allowed only in a legally established one-family residence, or a portion thereof, except that no accessory dwelling unit shall be used as a short-term rental at any time. Short-term rentals shall not be permitted in any temporary, portable, or other type of structure not permitted by the county for permanent occupancy (e.g., guest house, tent, yurt, and RV). No more than one short-term rental shall be permitted on an individual parcel.

3.

Covenants, Conditions and Restrictions. This section shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or members of any homeowners association to comply with or enforce established covenants, conditions and restrictions (CC&Rs). It is the sole responsibility of the property owner to comply with all applicable CC&Rs.

4.

Noise Standards. All short-term rentals shall comply with the following requirements:

a.

Property owner or local contact person shall ensure that the guests of the short-term rental understand that loud or unreasonable noise that disturbs others and that is not in keeping with the character of the surrounding neighborhood will result in a violation of this section.

b.

Property owner or local contact person shall be available twenty-four hours per day, seven days per week whenever the short-term rental is rented to accept telephone calls and respond physically to the property within sixty minutes of receiving a call to address complaints concerning noise levels. Failure to respond to all verifiable complaints will result in a violation of this section.

c.

Quiet hours shall be observed between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00 p.m. and 9:00 a.m. on Saturdays, Sundays, and holidays. Outdoor amplified sound is prohibited during quiet hours.

5.

House Policies. House policies shall be included in each short-term rental agreement. It shall be the responsibility of the property owner to enforce all of the requirements of this section and all house policies. For vacation rentals, the property owner may delegate this responsibility to the local contact person. At a minimum, the house policies shall:

a.

Notify all guests of the short-term rental of the noise standards as set forth in this section; said standards shall be a part of any rental agreement.

b.

Establish on-site parking policies and identify designated parking areas which adhere to the requirements of subsection 17.88.230.F.8.

c.

Establish policies and provide information regarding the location of trash receptacles and the trash pick-up schedule. In areas where bears may be present, additional information shall be included on best practices for trash disposal when bears are present.

d.

Establish policies regarding outdoor burning and all other burn restrictions that meet the minimum requirements as set forth below in subsection F.7.

e.

For vacation rentals, provide the name, address, telephone number, and e-mail address of the property owner and the local contact person pursuant to Section 17.88.230.E.2.c For hosted homestays, provide the property owner's name, address, telephone number, and e-mail address.

f.

Specify that the short-term rental shall not be permitted in any temporary, portable, or other type of structure not permitted by the county for permanent occupancy (e.g., guest house, tent, yurt, and RV).

g.

Specify that the occupancy shall be limited to a maximum of three guests, excluding children under sixteen years of age, per approved bedroom offered for rent.

6.

Occupancy. In addition to the property owner and other long-term occupants, between the hours of 10:00 p.m. and 6:00 a.m., daily occupancy of the property shall be limited to a maximum of three guests, excluding children under sixteen years of age, per approved bedroom offered for rent. In addition to the property owner and long-term occupants, between the hours of 6:00 a.m. and 10:00 p.m., daily occupancy of the property shall be limited to a maximum of five guests, excluding children under sixteen years of age, per approved bedroom offered for rent.

7.

Outdoor Burning. Outdoor fire areas and fire pits, when not prohibited by state or local fire regulations or bans, may be permitted if expressly allowed by the property owner, and shall be limited to three feet in diameter, located on a non-combustible surface, covered by a fire screen, and located no closer than within twenty-five feet of a structure, combustible material, or a property line.

8.

Parking.

a.

A minimum of one off-street parking space, either covered or uncovered, shall be provided for each approved bedroom offered for rent (tandem parking permitted). Off-street parking spaces required for a one-family residence may be credited towards the off-street parking requirement for a short-term rental. All required parking spaces shall be located on the short-term rental property and shall comply with all applicable regulations of Shasta County Code Chapter 17.86.

b.

All guests' trailers must be accommodated on the rental property or off-site at a commercial facility that is legally permitted to accommodate trailer parking.

9.

Safety. Short-term rentals shall meet all applicable building, health, fire and related safety codes at all times, including:

a.

Working smoke and carbon monoxide detectors and fire extinguishers.

b.

Emergency evacuation routes and instructions, including emergency ingress/egress routes to and from the short-term rental property, shall be posted in a conspicuous location in the short-term rental and within each guest bedroom.

c.

All short-term rentals shall be subject to annual fire inspections. Any required inspection fees shall be paid to the applicable fire protection agency.

10.

Transient Occupancy Tax. Property owners shall register all short-term rentals with the Shasta County Tax Collector and shall be subject to payment of applicable transient occupancy taxes. Transient occupancy taxes shall be paid and kept current in accordance with Shasta County Code Chapter 3.16. Failure to pay such taxes when due shall be grounds for permit revocation or other remedies allowed by County Code.

11.

Trash and Recycling. Trash and recycling receptacles shall be stored in a designated storage area out of public view and serviced on a weekly basis. Whenever properties are operated as short-term rentals, trash and recycling receptacles shall not be removed from their designated storage area earlier than 6:00 p.m. the day prior to the scheduled day of service and shall be returned to their designated storage areas within eight hours following pick-up.

G.

Special Requirements Applied to Hosted Homestays. The following provisions shall apply to hosted homestays:

1.

Number of Bedrooms. The number of bedrooms offered for rent shall not exceed the limit established by an approved affidavit.

2.

Property Owner Occupancy Required. The property owner must occupy the residence at all times when one or more bedroom is being rented.

H.

Special Requirements Applied to Vacation Rentals. The following provisions shall apply to vacation rentals:

1.

Number of Bedrooms. The number of bedrooms offered for rent shall not exceed the limit established by an approved vacation rental permit.

2.

Liability Insurance. Prior to approval of a vacation rental permit, the property owner must provide proof that the property has current, valid liability insurance.

3.

Neighbor Notification of Vacation Rentals. The county shall provide notice to property owners within three hundred feet of the subject parcel that the property has been approved as a vacation rental and shall include the name, address, telephone number, and e-mail address of the property owner and the local contact person, if applicable, at the time of vacation rental permit issuance, or as needed to provide updated information.

I.

Enforcement Process. Operation of a short-term rental without the required approval pursuant to this section on or after November 21, 2020, shall constitute a violation of this section and such violation may be enforced in any manner permitted by law including, but not limited to, seeking civil and equitable remedies, the issuance of a citation and fine, or other legal remedy as provided by Chapter 1.08, Chapter 1.12, Chapter 8.28 and Section 17.94.060 of the Shasta County Code. Furthermore, an approved affidavit or vacation rental permit may be revoked in accordance with the procedures established in Section 17.92.060.E. Additional enforcement is as follows:

1.

Violation is an Infraction. A violation of any regulatory or prohibitory provision of this section is an infraction.

2.

Application Following Revocation. In the event of affidavit or vacation rental permit revocation, an affidavit or vacation rental permit application to reestablish a short-term rental after revocation shall not be approved for a minimum of twenty-four months following the revocation.

3.

Penalty for Non-Compliance. If use as a short-term rental is determined to be unpermitted, an application for an affidavit or vacation rental permit shall not be approved for a minimum of twelve months after the determination.

(Ord. No. 2020-05, § I, 7-21-2020)

Editor's note— Ord. No. 2018-01, § 29, adopted July 17, 2018, repealed § 17.88.235, which pertained to farm labor quarters and derived from Ord. 95-3 § 93, 1995.

If a use permit is issued, the uses described in Section 17.88.271 may be located in districts which permit them, subject to the criteria and limitations specified herein.

(Ord. 95-3 § 95, 1995; prior code § 5.03.020(C)(part))

A logging contractor's yard may be maintained provided:

A.

A use permit is obtained;

B.

The parcel size is at least five acres for logging contractor's yards established after the effective date of the ordinance codified in this section. Logging contractor's uses that existed prior to this section on smaller than five-acre parcels may continue with a use permit;

C.

The parcel is located at or above one thousand foot elevation, mean sea level;

D.

All logging trucks and related heavy logging equipment are owned by the person or persons residing on the parcel;

E.

The parcel is not used as a truck terminal, truck yard, contractor's yard or other similar industrial or commercial use;

F.

A total of no more than five logging trucks are allowed. Related heavy logging equipment may also be allowed. The maximum number of trucks and pieces of equipment will be determined during the use permit process by the size and location of the parcel, the use's impact on surrounding roads, the visibility of the storage area to neighbors and the general public and the likelihood that smoke, dust, odors or fumes will interfere with the neighbor's use or enjoyment of their property;

G.

Noise levels at the boundary of the parcel shall not exceed sixty-five dba to avoid excessive disturbance to neighboring properties;

H.

Motorized equipment and vehicles and pneumatic repair tools and equipment shall not be operated between the hours of ten p.m. and six a.m. provided, however, that this subsection shall not preclude the normal driving of the vehicles to and from the parcel;

I.

Logging trucks may be kept on the parcel year round. Related logging equipment may be stored on the parcel no more than a total of six months per year;

J.

The logging trucks and related heavy logging equipment shall not be stored or repaired within any required front or side yard setback area;

K.

There shall be no storage, service, maintenance or repair of any logging truck or related logging equipment not owned or leased by the person or persons residing on the parcel;

L.

No person shall be regularly employed on site for the purpose of maintaining any of the equipment or vehicles;

M.

The provisions of this section shall not apply to equipment and vehicles normally used in bona fide agricultural operations.

(Ord. 91-1 § 2, 1990)

Emergency shelters are permitted outright in the Commercial-Light Industrial (CM) district or ancillary to permitted places of worship and churches in any zone district and shall comply with all objective standards identified in Government Code Section 65583 (a) (4), and the Shasta County Code, that include the following:

A.

Off-street parking as provided under Section 17.86 of this Code.

B.

Shall not be located closer than three hundred feet of any other emergency shelter, unless such other emergency shelter is located within the same building or on the same lot.

C.

There shall be adequate receiving and reception space inside the structure such that prospective and current residents are not required to wait on sidewalks or any other public rights-of-way.

D.

A security plan is required for all emergency shelters that identifies the security features for the facility such as security cameras, lighting, provided that such light does not cause light or glare on adjacent properties and uses, intake and discharge hours and procedures, and other appropriate security measures.

E.

A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the director prior to establishing the emergency shelter. Minimum standards and practices addressed in the plan shall be as follows:

1.

The emergency shelter shall be operated by or in association with an agency or organization, with prior experience in managing or providing social services.

2.

The emergency shelter shall have an identified administrator and representative to address community concerns.

3.

The emergency shelter shall provide at least one responsible onsite supervisor at all times for every ten residents.

4.

Residents shall be regularly evaluated by a case manager or other person(s) experienced in emergency shelter placement and/or management.

5.

The plan shall identify how the shelter will assist its residents with gaining access to social services, employment opportunities and other services.

6.

First aid and CPR assistance, life skills training, counseling, and personal services essential to enable homeless persons to make the transition to permanent housing shall be provided. Services may also include providing meals, as incidental to the operation of an emergency shelter.

7.

Referral services shall be provided to assist residents in obtaining permanent housing and income. Such services shall be available at no cost to residents of a shelter.

8.

Emergency shelters shall be maintained in a safe and clean manner and free from refuse or discarded goods.

F.

If a proposed emergency shelter causes a conflict or requires a change to any conditions for an existing use permit for a place of worship or church, then the emergency shelter plan shall be amended to eliminate the conflict, or a use permit minor modification or amendment must be issued prior to the operation of an emergency shelter.

G.

If located in an area without transit, permitted places of worship or churches which operate emergency shelters as ancillary uses shall provide residents with reliable transportation to parts of the county where social services, employment opportunities and other services can be accessed.

(Ord. No. 2018-01, § 29, 7-17-2018; Ord. No. 2018-04, § 5, 11-6-2018; Ord. No. 2019-08, § I, 12-17-2019)

A.

A mobile or manufactured home shall not be placed on a lot until a mobile or manufactured home installation permit is issued. A mobile or manufactured home shall not be stored on a lot, unless the lot is a legally established commercial storage yard or a mobile or manufactured home sales lot.

B.

A recreational vehicle may be stored on a lot, except in those districts that require a use permit for outdoor storage; provided, it is not connected to utilities and/or used for human habitation.

C.

Truck trailers, including intermodal shipping containers on a chassis, shall not be placed or stored on a residentially designated parcel except during construction of the residence in accordance with a temporary building permit. Truck trailers, including intermodal shipping containers on a chassis, may be used for storage on industrially designated parcels if screened from view, or on parcels larger than forty acres that are designated for full-time agricultural uses, and appropriate building permits are issued or an agricultural exemption is authorized.

D.

Intermodal shipping containers may be used for storage on industrially zoned or designated parcels if screened from view, or on parcels larger than forty acres that are designated for full-time agricultural uses and appropriate building permits are issued or an agricultural exemption is authorized. Intermodal shipping containers shall not be used for advertising purposes of any kind.

E.

Except as otherwise allowed in subsection 17.88.280 D, intermodal shipping containers shall be allowed in all zone districts subject to the following development standards:

1.

Intermodal shipping containers shall be accessory to a permitted use.

2.

A main building or agricultural operation shall be located on the lot.

3.

Intermodal shipping containers installed for residential accessory use are subject to subsection 17.88.140 B.2.a of this title.

4.

Where a main building exists, intermodal shipping containers shall only be installed to the rear of the main building as viewed from the front lot line and, if applicable, to the rear of the main building as viewed from a side lot line that abuts a street.

5.

No more than one intermodal shipping container is allowed on lots of one-half gross acre or greater but less than one gross acre.

6.

No more than two intermodal shipping containers are allowed on lots of one gross acre or greater but less than five gross acres.

7.

No more than four intermodal shipping containers are allowed on lots of five gross acres or greater.

8.

On lots one gross acre or greater, the size of an intermodal shipping container shall not exceed forty feet in length by eight feet in width by ten feet in height and the floor area shall not exceed three hundred twenty square feet. On lots of one-half gross acre or greater but less than one gross acre, the size of an intermodal shipping container shall not exceed twenty feet in length by eight feet in width by ten feet in height and the floor area shall not exceed one hundred sixty square feet.

9.

No intermodal shipping container shall be placed on the top of another intermodal shipping container.

10.

Intermodal shipping containers shall be painted a monochrome earth-tone color or a color consistent with the main building.

11.

Intermodal shipping containers shall be maintained in a good state of repair to the satisfaction of the director of resource management.

12.

Intermodal shipping containers shall not be used for signs of any kind, except as permissible in accordance with Section 17.84.060 of this title.

13.

Intermodal shipping containers shall meet all applicable development standards and requirements of the Shasta County Code, including, but not limited, to site development standards listed in the applicable zone district, Chapter 17.84, General Development Standards, and all development standards contained in subsection 17.88.280 E.

14.

Intermodal shipping containers shall not be stored on a lot, unless the lot is a legally established commercial storage yard, legally established intermodal shipping container sales lot, or a building permit for its temporary or permanent installation on the lot has been issued.

15.

For parcels with an existing use permit or an administrative permit, placement of one or more intermodal shipping containers as an accessory use may be permitted subject to the approval of an amendment or minor modification in accordance with Chapter 17.92 of this title.

16.

Temporary placement of intermodal shipping containers is only allowed during the construction of improvements associated with a permitted use if the appropriate temporary building permits are issued. Temporary intermodal shipping containers must be removed prior to approval of a final inspection for the building permit to construct the improvements.

17.

Permanent installation of intermodal shipping containers that are repurposed for use as buildings or structures, or as part of buildings or structures, are subject to the California Building Standards Code and shall only be allowed if the appropriate building permits are issued.

18.

Exceptions. Exceptions may be granted for the locational development standard (subsection 17.88.280 E.4) if an administrative permit is first approved pursuant to Section 17.92.050 of this title, and the applicable following findings are made by the director of resource management:

a.

The proposed exception from the development standard is necessary due to physical or other constraints on the lot that make the strict application of the standard impractical.

b.

The proposed exception from the development standard would not result in any health or safety hazard for existing and future residents on the lot or in the neighborhood.

(Ord. 99-1 § 51, 1999: prior code § 5.03.030)

(Ord. No. 2018-01, § 29, 7-17-2018; Ord. No. 2024-02, § 2, 4-23-2024; Ord. No. 2024-08, § 1, 10-29-2024)

Editor's note— Ord. No. 2024-02, § 2, adopted April 23, 2024, amended § 17.88.280 and in doing so changed the title of said section from "Storage of mobile homes, recreational vehicles, sea vans, cargo containers or truck trailers" to "Storage of mobile homes, recreational vehicles, intermodal shipping containers or truck trailers," as set out herein.

A.

Purpose. The purpose of this section is:

1.

To establish a review process for the orderly development, operation and maintenance of commercial wireless telecommunication facilities;

2.

To require commercial wireless telecommunication facility providers to design and configure wireless telecommunication facilities to minimize adverse environmental, noise and visual impacts and to ensure the prompt removal of abandoned facilities;

3.

To minimize the impact of such sites by encouraging location on existing structures, colocation on existing communication structures, and to encourage new facilities to make provisions for future colocation opportunities; and

4.

To allow reasonable opportunity for providers of commercial wireless telecommunication services to provide the benefits of this technology to the county and its citizens.

B.

Definitions.

As used in this section:

"Commercial wireless telecommunication services" means the wireless transmission or receipt of electromagnetic signals, excluding receive-only radio and television signals and signals transmitted via satellite, by a commercial entity for a customer.

"Commercial wireless telecommunication facilities" means any structure, tower, pole, antenna, equipment, or combination thereof utilized for the purpose of providing commercial wireless telecommunication services to customers.

"Fixed wireless internet facilities" means any structure, tower, pole, antenna, equipment or combination thereof utilized for the purpose of providing wireless internet services to more than one residential and/or commercial customer at fixed locations.

C.

Permit Requirements.

1.

Building Permit. The following fixed wireless internet facilities may be approved by a building permit subject to compliance with all applicable building code requirements:

a.

Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to sixty-five feet in height on legal lots and parcels between one and five acres. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater. Guy wires shall only be permitted if they will not encroach into any required yard pursuant to the applicable site development standards for the zone district.

b.

Ground-mounted, non-camouflaged/stealthed monopoles and lattice towers supporting antennas up to one hundred feet in height on legal lots and parcels of five acres or more. Minimum setbacks from all property lines shall be equal to two times the facility height. Such facilities may be self-supporting or supported by guy wires.

c.

Ground-mounted, camouflaged/stealthed, self-supporting facilities supporting antennas up to one hundred feet in height; guy wires are not permitted. Minimum setbacks from all property lines shall be equal to the facility height or the minimum required setback pursuant to the applicable zone district regulations, whichever is greater.

d.

Roof-mounted masts supporting antennas equal to one-half the height of the building they are attached to. Such masts may be self-supporting or supported by guy wires.

e.

Facilities architecturally integrated into a building with a maximum height equal to one and one-half times the height limit of the zone district in which they are located.

f.

Facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

g.

Modifications and additions to approved facilities if the height is not increased.

2.

Zoning Permit. The following facilities, with the exception of fixed wireless internet facilities, including any ancillary structures, may be approved by a zoning permit pursuant to Section 17.92.060, as long as the facility is installed to meet the ordinance standards and conforms with all other requirements. Any such installation must also be found not to create the potential for adverse impacts such as noise (from generators or other accessory equipment), setback, radio interference, hazardous materials, grading problems or cumulative impacts:

a.

Commercial wireless telecommunication facilities that are architecturally compatible with the current development on the project site and adjoining parcels or are camouflaged/stealthed in such a manner that they would appear as a natural feature of the landscape may be constructed up to one and one-half times the height limit of the zone district in which they are located. The camouflaged treatment must be permanent throughout the life of the facility.

b.

Commercial wireless telecommunication facilities that colocate at an existing structure or are built into a roof structure if the height is not increased.

c.

Modifications and additions to approved facilities if the height is not increased.

3.

Administrative Permit. The following fixed wireless internet facilities may be approved by an administrative permit pursuant to Section 17.92.050:

a.

Ground-mounted facilities up to one hundred feet in height that do not comply with the standards of subsection C.1 of this section.

b.

Roof-mounted facilities other than masts and roof-mounted masts exceeding a height equal to one and one-half times the height limit of the zone district in which they are located. Such facilities may be self-supporting or supported by guy wires.

c.

Facilities architecturally integrated into a building exceeding a height equal to one and one-half times the height limit of the zone district in which they are located.

4.

Use Permit. New commercial wireless telecommunication facilities, except those facilities as specified in subsections C.1 through C.3 of this section shall obtain approval of a use permit pursuant to Section 17.92.020 of this Code.

D.

Application Requirements. A commercial wireless telecommunication facility application for either a zoning permit, administrative permit, or a use permit shall contain a development plan that includes site plans, drawings and other information which the planning director/planning commission may require to properly evaluate and process the application, including, but not limited to, photographs and photo simulations. Building permit applications shall include the submittal requirements applicable to commercial building permits and any other information the building official may require to properly evaluate and process the application. The county may, in its sole discretion, retain an independent consultant to review either individual elements or the entire application at the applicant's expense. The owner of the property on which a commercial wireless telecommunication facility is located may be required to sign an agreement whenever a cell tower permit is requested obligating the property owner or any successor in interest to remove any abandoned cell tower apparatus and related equipment in accordance with county ordinances and policies. The agreement shall be signed by the property owner. The planning director shall furnish and record an agreement which shall serve as a covenant running with the land for the benefit of the county.

E.

General Standards.

1.

Height Limits. The height of a commercial wireless telecommunication tower shall be the minimum necessary to meet the technical requirements of the proposed communication system. The applicant shall demonstrate that the tower is the minimum height required to function satisfactorily.

2.

Location. Facilities shall be sited to avoid or minimize land use conflicts.

a.

None shall be sited in a location where it will obstruct the operations of any airport.

b.

With the exception of fixed wireless internet facilities, none shall be sited in an R-1, R-2, or R-3 zone district.

c.

With the exception of fixed wireless internet facilities, none shall be placed within one thousand five hundred feet of an existing commercial wireless telecommunication facility unless environmental documentation verifies that a concentration of towers in close proximity will not have a cumulative adverse impact on the visual character or quality of the site and its surroundings.

d.

None shall be placed along a state designated scenic highway, or where identified significant historic, cultural or archaeologic resources exist unless it is colocated on a preexisting structure or otherwise camouflaged/stealthed.

e.

In the event a commercial wireless telecommunication facility is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the county may take reasonable steps, concurrent with other notices issued pursuant to this subdivision, to notify pilots registered to operate in the county pursuant to Section 11921 of the California Food and Agricultural Code.

3.

Colocation. Any tower or monopole installation subject to this section shall allow colocation.

4.

Noise. Wireless facilities shall be constructed and operated in compliance with the standards of the Shasta County General Plan Noise Element and implementing ordinances and standards.

5.

Lighting.

a.

Tower or monopoles shall not be artificially lighted unless required by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), the Uniform Building Code (UBC), or other state or federal law.

b.

External structure and area lighting shall be permitted only where such lighting is activated and controlled by motion sensors.

6.

Outside Storage. No outdoor storage of equipment, materials, or supplies shall be permitted.

7.

Setbacks. Towers, monopoles, and ancillary structures shall meet the building setback standards established in the district in which the facility is to be located; except when on a lot which is in or adjacent to a residential zone, then the minimum setback from the property line(s) of the adjacent residential use(s) shall equal the height of the proposed facility.

8.

With the exception of fixed wireless internet facilities, landscaping shall be provided and maintained for the life of the facility to screen any ground structures or equipment.

9.

Support structures, antennas, and any associated hardware shall have a non-reflective finish that is maintained for the life of the facility.

10.

Safety. The project site shall be enclosed within a chain link fence at least six-feet high. For fixed wireless internet facilities consisting of monopoles without built-in climbing features, no fencing shall be required. For fixed wireless internet facilities consisting of lattice towers, minimum eight-foot tall anti-climb panels may be provided in lieu of fencing at the discretion of the property owner.

11.

Signage. No advertising signage or identifying logos shall be placed on any facility, except small identification plates used for emergency notification.

12.

Licensing. The applicant shall show proof of Federal Communication Commission (FCC) licensing, if required by the FCC, prior to issuance of a building permit.

13.

Aesthetic Consideration. Commercial wireless telecommunication facilities shall not have a significant adverse effect on a scenic vista or significantly impact the existing visual character or quality of the site and its surroundings as verified by an environmental document or exemption prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). This provision is not applicable to facilities permitted by a building permit as ministerial projects are statutorily exempt from the requirements of CEQA.

F.

Commercial Wireless Telecommunication Facilities Status.

1.

Non-conforming commercial wireless telecommunication facilities are subject to the provisions set forth in Section 17.90.020, with the exception of colocated antennas which may be added onto a nonconforming tower or monopole subject to the provisions of this section.

2.

For purposes of this section the following definitions shall apply:

a.

An "existing" commercial wireless telecommunication facility is a facility that is legally existing or approved on the effective date of this section.

b.

A "non-conforming" commercial wireless telecommunication facility is a facility that is existing as of the effective date of this section which does not comply with the applicable standards set forth in this section.

c.

A "conforming" commercial wireless telecommunication facility is a facility that is existing as of the effective date of this section which complies with the standards set forth in this section.

3.

For purposes of Chapter 17.90, the "appraised value" of the wireless telecommunication facility shall be limited to the actual market value of the necessary physical components of the tower, monopole, and ancillary structures as of the date the maintenance or reconstruction is to take place without regard to their income-producing potential as either individual components or as part of an overall facility.

G.

Removal of Facilities.

1.

The operator of a commercial wireless telecommunication facility shall be required to remove all unused or abandoned equipment, antennas, monopoles, or towers within sixty days of abandonment. The facility shall be deemed abandoned if it has not been operational for a consecutive six-month period. If such facility is not removed within sixty days of being deemed abandoned, the county may remove the facility at the operator and/or property owner's expense.

2.

Abandoned facilities shall be considered a public nuisance, as defined by Shasta County Code Chapter 8.28.

H.

Applications determined to be incomplete prior to the approval date of this section shall be subject to these provisions.

(Ord. 2003-1 § 29, 2003; Ord. 2002-7 § 1, 2002)

(Ord. No. 2020-04, § IV, 6-30-2020)

A.

Purpose. The board of supervisors finds that "adult entertainment" businesses, because of their very nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of the regulation is to prevent concentration or clustering of these businesses in any one area. For the purposes of this section, the definitions set out in subsections B through D apply.

B.

Adult Entertainment Businesses Defined. "Adult entertainment businesses" means any business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult entertainment businesses" includes the following defined terms:

"Adult book store" means an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or an establishment with a segment or section devoted to the sale or display of such materials.

"Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"Adult motion picture arcade" means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depiction, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on matter depicting "specified sexual activities" or "specified anatomical areas."

"Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments or any other treatment or manipulation of the human body occurs as part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto exposes "specified anatomical areas."

"Model studio" means any business where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas."

C.

Specified Sexual Activities. "Specified sexual activities" includes the following:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship;

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

3.

Use of human or animal masturbation, sodomy, oral copulation, coitus or ejaculation;

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being;

7.

Human excretion, urination, menstruation or vaginal or anal irrigation.

D.

Specified Anatomical Areas. "Specified anatomical areas" includes less than completely and opaquely covered:

1.

Mature human genitals;

2.

Mature human buttocks;

3.

Mature human female breast below a point immediately above the top of the areola;

4.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

E.

Regulation of Location.

1.

In those land use districts where the "adult entertainment" businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such "adult entertainment" business if the location is:

a.

Within five hundred feet of any area zoned for residential use, or

b.

Within one thousand feet of any other "adult entertainment" business, or

c.

Within one thousand feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization or any establishment likely to be used by minors;

2.

The "establishment" of any "adult entertainment" business shall include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business location to any "adult entertainment" business use.

F.

Waiver of Locational Provisions.

1.

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

a.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed, and

b.

The proposed use will not enlarge or encourage the development of a "skid row" area, and

c.

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, and

d.

All applicable regulations of this code will be observed;

2.

The procedure for this hearing shall be the same as that provided in Section 17.92.020, with, among other matters, the same notice requirements, the same right of appeal to the board of supervisors and the same fees payable by the applicant.

(Prior code § 5.03.040)

A.

Intent. The purpose of this section is to:

1.

Provide opportunity for the establishment of wineries as a viable economic component of the local agricultural industry;

2.

Encourage the development and expansion of wineries in suitable locations while regulating such uses to minimize potential off-site impacts to adjacent land owners and the environment.

B.

Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this section:

1.

"Winery" means an agricultural processing facility used for the fermenting and processing of grape juice into wine, the refermenting of still wine into sparkling wine, the processing and distilling (including storage and bottling) of fermented grape juice, mash, or wine into brandy, or any combination of these processes.

Cross reference— "Winery" defined, § 17.02.636.

2.

"Boutique winery" means a winery that produces up to one thousand cases per year.

3.

"Small winery" means a winery that produces from one thousand one up to five thousand cases per year.

4.

"Medium winery" means a winery that produces from five thousand one up to twenty-five thousand cases per year.

5.

"Large winery" means a winery that produces in excess of twenty-five thousand cases per year.

6.

"Minimum winery acreage" means the minimum amount of contiguous land under one ownership required to establish a winery in accordance with this section. The minimum winery acreage may be achieved by combining the acreage of more than one parcel of land provided such parcels are contiguous and under one ownership.

7.

"Minimum planted vineyard" means the minimum amount of planted vineyard within the minimum winery acreage necessary to establish a winery in accordance with this section. The minimum planted vineyard is calculated as the net planted vineyard acreage exclusive of residences, structures or other buildings.

8.

"Production facilities" means the equipment and structures used for cleaning, crushing, fermenting, bottling, bulk and bottle storage, shipping, receiving, and laboratories.

9.

"Accessory winery event" means a private event hosted by the on-site winery and includes the gathering of people for the purpose of promoting and marketing wines produced on-site by the host winery. Accessory winery events involve wine tasting and private or club sales, and include wine release parties, barrel tasting, wine club activities and similar events, but do not include events open to the public or any event where the facility is rented, or offered for rent, to a second party. Limitations on the number of accessory winery events and/or the maximum number of people attending such events may apply in accordance with Table 17.88.300.

10.

"Special winery event" means any event, public or private, that includes the gathering of people for the purpose of promoting and marketing wine, the wine industry and the host winery, including fund raising events, weddings, anniversary parties, family reunions, and other events of similar character and intensity where the winery, winery facilities and/or grounds are rented or offered for rent to a second party.

11.

"Tasting room" or "public tasting room" means a room, place or portion of a winery designated for the sampling or tasting of agricultural products grown, produced, or processed on-site, including wine or wine products, by members of the public.

Cross reference— "Tasting room" defined, § 17.02.591.

C.

Applicability. Wineries may be allowed in the following zone districts subject to all applicable provisions of this section, including, but not limited to, the permit requirements, minimum acreage and other limitations in Table 17.88.300: Exclusive agricultural (EA); timberland (TL); habitat protection (HP); limited agricultural (A-1); limited residential (R-L); rural residential (R-R); unclassified (U); mixed use (MU); commercial-light industrial (C-M); light industrial (M-L); and general industrial (M).

D.

General Provisions and Operational Standards.

1.

Vineyard Required and Limits on Blending. Except in the C-M, M-L and M zone districts:

a.

Operation of a winery is contingent upon the production and sale of wines produced from grapes grown within the minimum planted vineyard, as defined.

b.

Blending of grapes or wines produced off-site may be allowed in conjunction with wine produced from grapes grown within the minimum planted vineyard, provided the extent of such blending shall not exceed seventy-five percent of annual production.

2.

Vineyard Maintenance Required.

a.

The minimum planted vineyard shall be properly maintained in a healthy growing condition to produce a commercial wine grape crop.

b.

Should the required proper maintenance and care cease to the point where the minimum planted vineyard is no longer producing a commercial crop, as determined by the planning director in consultation with the Shasta County agricultural commissioner, the right to operate the winery shall become void and winery operations shall terminate.

3.

Accessory Uses. Unless otherwise restricted or prohibited, a winery may include the following accessory and subordinate uses, processing and structures, subject to all applicable provisions of this section, all applicable building code requirements and approvals from all agencies with jurisdiction:

a.

Crushing and pressing of grapes;

b.

Fermenting, aging, processing and blending of grape juice, wine and related products;

c.

Proper disposal of winery waste water;

d.

On-site recycling of pomace, culls, lees, and stems in accordance with any applicable report of waste discharge approved by the regional water quality control board;

e.

Bottling and labeling;

f.

Storage of wine in vats, barrels, bottles, or cases;

g.

On-site wine cellars and caves;

h.

Laboratory;

i.

Administrative office;

j.

Shipping, receiving, and distribution of wine;

k.

Refrigeration systems;

l.

Domestic wastewater treatment systems;

m.

Shops and structures for repair, maintenance, machining, welding and storage of winery-related agricultural and processing equipment and machinery;

n.

One public tasting room, pursuant to an alcoholic beverage control (ABC) winegrower's license, the size and location of which shall be specified in the land use permit approved by the county;

o.

Retail sales of wine products produced on-site and related promotional items limited to an area not larger than thirty percent of the indoor area permitted for wine tasting;

p.

Truck scales, loading facilities and truck parking.

4.

Access Standards.

a.

Access driveways to wineries with a public tasting room or special winery events shall, at a minimum, meet the applicable fire safety standards specified in Section 6.12 Private Road, Public Road, and Non-Residential Driveway Standards, of the Shasta County Development Standards, and shall 1) connect to a county-maintained public road; or 2) connect to a private road or permanent road division (PRD) that meets all applicable standards of Chapter 6 Fire Safety Standards or Chapter 2 Road Policies and Standards of the Shasta County Development Standards, whichever is the higher standard, as determined by the servicing fire agency and the director of public works.

b.

If a winery is accessed from a county-maintained road, an encroachment permit may be required to address ingress, egress and sight distance requirements.

5.

Food Service.

a.

All food service associated with a winery shall comply with the California Retail Food Code and all applicable regulations of the Shasta County Code, including, but not limited to, Health and Safety (Title 8), Building and Construction (Title 16), and Zoning (Title 17).

b.

Unless otherwise addressed in a use permit, food service associated with a public tasting room excludes any on-site kitchen, cooking or food preparation facilities and shall be limited to pre-packaged foods.

c.

Eating areas, indoor and outdoor, may be allowed in conjunction with a permitted tasting room provided all such eating area(s) is (are) within the area approved for tasting in the applicable ABC permit and as specified in an administrative permit or use permit approved by the county.

6.

Special Events. Special winery events shall be confined to an area within the interior of the property to minimize the impact of noise and other activities on adjacent and/or surrounding properties. Specific standards and conditions shall be addressed through the required use permit.

7.

Signage. Except in the C-M, M-L and M zone districts, notwithstanding the limitations of the Shasta County sign regulations (Shasta County Code Section 17.84.062(B)(2) and Table 17.84.065), the following shall apply to wineries with an approved public tasting room or special winery events:

a.

One freestanding on-site sign no larger than thirty-two square feet and no more than six feet in height may be allowed for each street frontage of the minimum winery acreage.

b.

Off-site signs containing solely directional information to wineries with approved public tasting rooms and/or special events may be allowed in those zone districts that allow wineries, provided such signs shall not exceed four square feet each, or six feet in height, and shall be limited to the number and location specified in the approved administrative or use permit for the tasting room or special event(s). For example, a directional sign placed along the travel route may be limited to the words "winery" or "wine tasting" with a directional arrow and distance to the destination.

c.

A directional sign meeting the specifications of the public works director may be allowed in the public right-of-way if in the opinion of the public works director it is necessary to improve public safety and maintain traffic flow, and is deemed to be in the interest of the traveling public.

d.

All signs shall be subject to the requirements and approval of all agencies with jurisdiction.

8.

Public Tasting Room.

a.

The primary focus of the public tasting room shall be the marketing and sale of the wine and wine products produced at the winery.

b.

County approval of a tasting room shall be contingent upon approval pursuant to an ABC license.

c.

The size and location of a public tasting room shall be specified in the land use permit approved by the county that allows the public tasting room, and shall be located completely within the area approved for wine tasting activities specified in the approved ABC license; however, the county may approve a smaller tasting area than that approved in the ABC license based on an assessment of the size of the winery parcel and surrounding lands, the nature of and proximity to nearby land uses, anticipated traffic, topography, and other factors determined by the planning director to be relevant.

9.

Solid Waste. All solid waste shall be stored in a manner that prevents the propagation, harborage, or attraction of flies, rodents, vector, or other nuisance conditions. Pomace, culls, lees, and stems may be recycled onsite in accordance with any applicable report of waste discharge approved by the regional water quality control board.

10.

Winery Production Waste. Standards for winery production waste disposal shall be set, where applicable, by the regional water quality control board and shall be stipulated in the report of waste discharge.

11.

On-Site Sewage Disposal. If public sanitary sewer is not available, then the on-site sewage disposal system shall be designed in compliance with County Code Chapter 8.40, and Chapter 5 of the Shasta County Development Standards, and sized to accommodate employee, tasting room and commercial sewage flows. Portable toilets may be approved by the county environmental health division for permitted and approved temporary and promotional events.

Table 17.88.300
PERMIT REQUIREMENTS, MINIMUM ACREAGE AND OTHER LIMITATIONS

Table 17.88.300
EXPLANATION OF TERMS

Winery Type: (see definitions for Boutique, Small, Medium and Large Winery)

Other Uses: (see definitions for Accessory and Special Winery Events and Public Tasting Room)

Zone Districts:

EA = Exclusive Agriculture (Zoning Plan Chapter 17.06)

TL = Timberland (Zoning Plan Chapter 17.10)

HP = Habitat Protection District (Zoning Plan Chapter 17.14)

A-1 = Limited Agriculture (Zoning Plan Chapter 17.04)

U = Unclassified (Zoning Plan Chapter 17.64)

R-L = Limited Residential (Zoning Plan Chapter 17.24)

R-R = Rural Residential (Zoning Plan Chapter 17.26)

MU = Mixed Use (Zoning Plan Chapter 17.54)

C-M = Commercial-Light Industrial (Zoning Plan Chapter 17.52)

M-L = Light Industrial (Zoning Plan Chapter 17.56)

M = General Industrial (Zoning Plan Chapter 17.58)

Land Use Permits:

ZP = Zoning Permit (Zoning Plan Section 17.92.060)

ADM = Administrative Permit (Zoning Plan Section 17.92.050)

UP = Use Permit (Zoning Plan Section 17.92.020)

Minimum Acreage:
Acreage figures refer to the minimum winery acreage as defined and minimum planted vineyard as defined. For example, for a boutique winery in the EA zone, the minimum winery acreage is two acres and the minimum planted vineyard is 0.4 acres.

Other Limitations:
Other limitations apply as indicated and may specify the number of events allowed in a given time period, or the additional acreage required for certain uses. For example, in the limited residential (R-L) zone, a public tasting room and retail sales may be allowed on a five-acre parcel upon approval of a use permit; however, a parcel of at least twenty acres would be required for special winery events (up to two per month) with approval of a use permit.

*

The standards for wineries in an unclassified (U) zone shall be determined by the general plan land use designation of the winery parcel and the zoning commonly applied for that designation as determined by the planning director. For example, a winery in the U zone in a full-time agricultural general plan designation (i.e., A-G or A-C) would have the same standards as the EA zone; a winery in the U zone in a "Rural Residential-A" general plan designation would have the same standards as the RR zone.

(Ord. 2002-6 § 19, 2002)

(Ord. No. 2015-01, § I, 4-14-2015)

A.

Legislative Findings.

The board of supervisors finds as follows:

1.

In 1996, the voters of the state of California approved Proposition 215 which was codified as Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" ("the Compassionate Use Act").

2.

The intent of the Compassionate Use Act was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific circumstances, without being subject to criminal prosecution under certain state statutes.

3.

On January 1, 2004, Senate Bill 420, codified as Health and Safety Code sections 11362.7 et seq., entitled "The Medical Marijuana Program Act," and as subsequently amended, became effective to clarify the scope of the Compassionate Use Act.

4.

The county of Shasta has adopted a zoning plan identified as Title 17 (Zoning) of the Shasta County Code.

5.

Prior to the enactment of this section, medical marijuana dispensaries were considered similar to "clubs," and were only permissible in the following zone districts and only upon first securing a use permit:

• Community Commercial (C-2) District;

• Office Commercial (C-O) District; and

• Mixed Use (M-U) District.

6.

Other than the foregoing, prior to the enactment of this section, there were no other regulations addressing medical marijuana dispensaries in the zoning plan.

7.

Other public entities have reported adverse impacts from medical marijuana dispensaries, including, but not limited to, an increase in crime such as burglary and robbery, disagreeable odor, negative effects on physical, mental, and community health, loitering, increases in traffic, noise, and the sale of illegal drugs (including the illegal resale of marijuana from medical marijuana dispensaries) in the areas immediately surrounding such medical marijuana dispensaries.

8.

The county of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

9.

Preemption of the county of Shasta's authority will not be implied when the legislative scheme of the law, including the Medical Marijuana Program Act and the Compassionate Use Act, either permits or recognizes local regulation.

10.

The Medical Marijuana Program Act, at Health and Safety Code Section 11362.768, authorizes the county of Shasta to adopt an ordinance restricting the establishment of medical marijuana dispensaries.

11.

Effective January 1, 2012, AB 1300, amending Health and Safety Code Section 11362.83, additionally authorizes the county of Shasta to adopt an ordinance restricting the establishment of medical marijuana cooperatives and collectives.

12.

Regulations are needed to protect the public health, safety, and welfare of residents, children, and businesses from harmful secondary effects of sales and distribution of marijuana and any other illegal drugs under local, state, or federal laws.

13.

The board of supervisors enacts this section to further regulate medical marijuana dispensaries in furtherance of the public necessity, health, safety, convenience, and general welfare.

B.

Intent.

It is the intent of the board of supervisors to prohibit the operation of medical marijuana dispensaries in the unincorporated area of the county of Shasta.

C.

Definitions.

"Cultivation" shall mean the planting, growing, harvesting, drying, or processing of Marijuana or any part thereof.

"Marijuana" shall have the same meaning as that set forth in Health and Safety Code section 11018, as may be amended.

"Medical marijuana dispensary" shall mean any facility or location, whether fixed or mobile, where medical marijuana is made available, sold, transmitted, given, distributed by or to, or otherwise provided by or to, one or more of the following: a primary caregiver, or a qualified patient.

A medical marijuana dispensary does not include the providing of medical marijuana to qualified patients by their designated primary caregivers in the following locations and uses, as long as the location is otherwise regulated by the Shasta County Code and/or applicable law and as long as the use complies with the Shasta County Code and/or applicable law, including, but not limited to, the Compassionate Use Act and the Medical Marijuana Program Act:

1.

A clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code if the owner or operator of the clinic (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

2.

A health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code if the owner or operator of the health care facility (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

3.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the Health and Safety Code if the owner or operator of the residential care facility (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

4.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the Health and Safety Code if the owner or operator of the residential care facility (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

5.

A hospice or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code if the owner or operator of the hospice or home health agency (or no more than three employees designated by the owner or operator) is a qualified patient's designated primary caregiver.

6.

A qualified patient's or a primary caregiver's primary place of residence when the qualified patient or primary caregiver is in compliance with all applicable land use approvals and requirements for medical marijuana cultivation pursuant to Title 17 of the Shasta County Code.

"Medical marijuana" shall mean marijuana recommended by a licensed physician, in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, inclusive, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program Act.

"Primary caregiver" shall have the same definition as Health and Safety Code Section 11362.7(d), as may be amended.

"Qualified patient" shall have the same definition as Health and Safety Code Sections 11362.7 (c) and (f), as may be amended.

"Drug paraphernalia" shall have the same definition as Health and Safety Code Section 11364.5, as may be amended.

D.

Prohibition.

Medical marijuana dispensaries are prohibited in all zones of the county and no permit or approval of any type shall be issued therefor.

E.

Enforcement.

All medical marijuana dispensaries shall be subject to Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Section 17.94.060.

F.

Liability.

The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of marijuana remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not protect any of the above described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of medical marijuana. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or by Shasta County itself, shall not become a personal liability of such person or a liability of the county.

(Ord. No. 2012-04, § I, 12-13-2011)

Editor's note— Ord. No. 2017-07, § I, adopted Nov. 14, 2017, repealed former § 17.88.315 in its entirety which pertained to medical cannabis deliveries and derived from Ord. No. 2016-01, § I, adopted Feb. 2, 2016.

A.

Legislative Findings.

The Board of Supervisors finds as follows:

1.

In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, and entitled "The Compassionate Use Act of 1996" ("the Compassionate Use Act" or CUA).

2.

The intent of the Compassionate Use Act was to enable seriously ill Californians to obtain marijuana for appropriate medical purposes and use it under limited, specific circumstances, without being subject to criminal prosecution under certain state statutes. The Compassionate Use Act further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting the Compassionate Use Act expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere."

3.

On January 1, 2004, Senate Bill 420, codified as Health and Safety Code Section 11362.7 et seq. and entitled "The Medical Marijuana Program (MMP) Act," and as subsequently amended, became effective to clarify the scope of the Compassionate Use Act, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes.

4.

The Medical Marijuana Program Act, at Health and Safety Code Section 11362.768, authorizes the county of Shasta to adopt an ordinance restricting the location and the establishment of medical marijuana cooperatives, collectives, dispensaries, operators, establishments, and providers.

5.

The Medical Marijuana Program Act, at Health and Safety Code Section 11362.83 expressly allows cities and counties to adopt and enforce ordinances that are consistent with the Medical Marijuana Program Act, and additionally authorizes the county of Shasta to adopt an ordinance regulating the location, operation, and establishment of medical marijuana cooperatives and collectives.

6.

In Browne v. County of Tehama, 213 Cal. App. 4th 704 (2013), the California Court of Appeal stated that "Neither the Compassionate Use Act nor the Medical Marijuana Program grants... anyone... an unfettered right to cultivate marijuana for medical purposes. Accordingly, the regulation of cultivation of medical marijuana does not conflict with either statute." Similarly, in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. 56 Cal. 4th 729 (2013), the California Supreme Court concurred that "Nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..."

7.

On November 8, 2016, the California electorate approved Proposition 64, known as the "Adult Use of Marijuana Act" or "AUMA." The AUMA's purpose is to establish a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults twenty-one years and older, and to tax the commercial growth and retail sale of marijuana.

8.

On June 27, 2017, the California Legislature adopted the "Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)." The MAUCRSA, among other things, revised references to "marijuana" or "medical cannabis" in existing law to instead refer to "cannabis" or "medicinal cannabis."

9.

The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.1(a)(3) provides, in pertinent part, that it shall be lawful under state and local law, and shall not be a violation of state or local law, for persons twenty-one years of age or older to possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants. These activities shall collectively be referred to as "Personal Cultivation Under Health & Safety Code § 11362.1(a)(3)."

10.

The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.2(a) provides that "Personal cultivation of cannabis under paragraph (3) of subdivision (a) of Section 11362.1 is subject to the following restrictions:

a.

A person shall plant, cultivate, harvest, dry or process plants in accordance with local ordinances, if any, adopted in accordance with subdivision (b)(1).

b.

The living plants and any cannabis produced by the plants in excess of 28.5 grams are kept within the person's private residence, or upon the grounds of that private residence (e.g., in an outdoor garden area), are in a locked space, and are not visible by normal unaided vision from a public place.

c.

Not more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time."

11.

The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.2(b)(1) further provides that a city, county, or city and county may enact and enforce reasonable regulations to regulate Personal Cultivation Under Health and Safety Code § 11362.1(a)(3).

12.

The AUMA, as amended by the MAUCRSA, at Health and Safety Code § 11362.2(b)(2), provides that no county may completely prohibit persons from engaging in Personal Cultivation Under Health and Safety Code § 11362.1(a)(3) inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.

13.

The AUMA, as amended by the MAUCRSA, at Health and Safety Code §§ 11362.2(b)(3) & (4), provides that a county may completely prohibit persons from engaging in Personal Cultivation Under Health and Safety Code § 11362.1(a)(3) outdoors upon the grounds of a private residence until such time as the California Attorney General determines that nonmedical use of cannabis is lawful in the State of California under federal law.

14.

The county of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

15.

Preemption of the county of Shasta's authority will not be implied when the legislative scheme of the law, including, but not limited to, the Medical Cannabis Program Act and the Compassionate Use Act, the AUMA, and the MAUCRSA, either permits or recognizes local regulation.

16.

The county of Shasta has adopted a zoning plan identified as Title 17 (Zoning) of the Shasta County Code.

17.

The county's unique geographic and climate conditions, which include dense forested areas receiving substantial precipitation, along with the sparse population in many areas of the county, provide conditions that are favorable to cannabis cultivation. Cultivation has occurred in the rural and also in more residential and town center areas of unincorporated portions of the county. Cannabis growers can achieve a high per-plant yield with high economic value because of the county's favorable growing conditions.

18.

Shasta County and other public entities have reported adverse impacts from cannabis cultivation, including, but not limited to, disagreeable odors, negative effects on the environment, unsanitary conditions, negative effects on physical, mental and community health, violation of building codes, increased risk of burglary and other property crimes, and acts of violence in connection with the commission of such crimes or the occupants' attempts to prevent such crimes.

19.

The creation of persistent strong odors as cannabis plants mature and flower is offensive to many people, results in complaints of respiratory problems, and creates an attractive nuisance, alerting persons to the location of valuable cannabis plants and creating an increased risk of crime.

20.

Children are particularly vulnerable to the effects of cannabis use, and the presence of cannabis plants is an attractive nuisance for children, creating an unreasonable hazard in areas frequented by children, including schools, parks, churches, and other similar locations. Further, the potential for criminal activities associated with cannabis cultivation in such locations poses heightened risks that children will be involved or endangered.

21.

The indoor cultivation of substantial amounts of cannabis within a residence presents potential health and safety risks to those living in the residence, especially to children, including, but not limited to, increased risk of fire from grow light systems, exposure to fertilizers, pesticides, anti-fungus/mold agents, and exposure to potential property crimes targeting the residence.

22.

Comprehensive restrictions for cannabis cultivation are proper and necessary to address the risks and adverse impacts as stated herein, that are especially significant if the amount of cannabis cultivated is not regulated and substantial amounts of cannabis are thereby allowed to be concentrated in one place.

23.

The risks and adverse impacts of cannabis cultivation, as stated herein, are applicable regardless of whether the cannabis cultivation is for medical or nonmedical purposes. The provisions contained in this section are intended to simplify the cannabis cultivation regulations to be more readily understood by those affected, to expedite the code enforcement process and to more effectively control the adverse impacts associated with cannabis cultivation as stated herein, while considering the desires of qualified patients and their primary caregivers, and considering the provisions in the AUMA relating to Personal Cultivation Under Health and Safety Code § 11362.1(a)(3).

B.

Intent.

1.

The Shasta County Board of Supervisors hereby intends to regulate the cultivation of cannabis for both medical and nonmedical purposes, including without limitation, regulations as to location of cultivation, the number of cannabis plants, and the use of screening and security structures, to more effectively control the adverse impacts associated with cannabis cultivation as stated herein, while considering the desires of qualified patients and their primary caregivers, and considering the provisions in the AUMA relating to Personal Cultivation Under Health and Safety Code § 11362.1(a)(3), in furtherance of the public necessity, health, safety, convenience, and general welfare. Nothing in this section shall be construed to authorize any use, possession, cultivation, or distribution of cannabis that is in violation of state or federal law.

2.

This section is established to regulate cannabis cultivation in a manner that mitigates potential impacts on properties and persons, and that is in conformance with all relevant provisions of law.

3.

All references to statutes and ordinances in this section refer to statutes and ordinances as they currently exist and as they may be amended.

C.

Definitions.

Except where the context otherwise requires, the following definitions shall govern the construction of this section. References to terms and definitions in the Shasta County Code refer to those terms and definitions as they currently exist and as they may be amended:

1.

"Cannabis" shall have the same meaning as that set forth in Health and Safety Code Section 11018. Cannabis, and the cultivation thereof, as defined in this section and in other sections of the Shasta County Code, shall not be considered agriculture or agricultural processing as defined in Sections 17.02.055 and 17.02.057, respectively, of the Shasta County Code.

2.

"Cannabis plant" means any mature or immature cannabis plant, or any cannabis seedling.

3.

"Child care center" means any licensed child care center, "day care center" as defined in Shasta County Code Section 17.02.165 or as defined in Health and Safety Code Section 1596.76, "large day care home" as defined in Shasta County Code Section 17.02.170, "small day care home" as defined in Shasta County Code Section 17.02.175, childcare home, or any preschool.

4.

"Church" is defined in Shasta County Code Section 17.02.145.

5.

"Cultivation" or "cultivate" means any activity involving the planting, growing, harvesting, drying, processing, curing, grading or trimming of one or more cannabis plants or any part thereof.

6.

"Dwelling unit" is defined in Shasta County Code Section 17.02.205.

7.

"Enforcing officer" is defined in Shasta County Code Section 17.94.060(C)(1).

8.

"Fence" is defined in Shasta County Code Section 17.02.222 and is further defined as a wall or a barrier connected by boards, masonry, rails, panels, or other materials approved by the director of resource management for the purpose of enclosing space or separating parcels of real property. For purposes of this section, the term "fence" does not include retaining walls, tarpaulins, bamboo, or similar screening or scrap material.

9.

"Indoor" or "indoors" means within a "residence" or a "residential accessory building" as defined herein.

10.

"Legal parcel" means any parcel of real property that may be separately sold in compliance with the Subdivision Map Act (Division 2 (commencing with Section 66410 of Title 7 of the Government Code) or is otherwise established by law.

11.

"Medical cannabis" or cannabis "for medical purposes" shall mean cannabis recommended by a licensed physician, in accordance with California Health and Safety Code Section 11362.5 through Section 11362.83, commonly referred to as the Compassionate Use Act and the Medical Marijuana Program Act.

12.

"Outdoor" or "outdoors" means any location that is not in a "residence" or in a "residential accessory building" as defined herein.

13.

"Parcel" means a "legal parcel" as defined herein.

14.

"Primary caregiver" shall have the same definition as Health and Safety Code Section 11362.7(d).

15.

"Public library" means a public facility in which literary, musical, artistic, or reference materials are kept for reading, reference or lending.

16.

"Public park" means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use.

17.

"Qualified patient" shall have the same definition as Health and Safety Code Section 11362.7(c) and (f).

18.

"Residence" shall mean a fully enclosed structure, legally established with all required permits approved, used for human occupancy, and shall have the same meaning as "one-family residence," "two-family residence," "multifamily residence," "accessory dwelling," "family care residence," "employee housing," "boarding house," "supportive housing," "transitional housing," "mobile home," "manufactured home," "multifamily manufactured home," "group foster home," "residential care facility," and "residential facility for the elderly" as defined in Shasta County Code Sections 17.02.450, 17.02.460, 17.02.445, 17.02.192, 17.02.442, 17.02.212, 17.02.090, 17.02.591, 17.02.603, 17.02.365, 17.02.355, 17.02.377, 17.02.240, 17.02.465, and 17.02.470, respectively.

19.

"Residential accessory building" is defined in Shasta County Code Section 17.02.125.

20.

"School" is defined in Shasta County Code Section 17.02.500.

21.

"School bus stop" means any location designated in accordance with California Code of Regulations, Title 13, Section 1238, to receive school buses, as defined in California Vehicle Code Section 545, or school pupil activity buses, as defined in Vehicle Code Section 546.

22.

"School evacuation site" means any location designated by formal action of the governing body, superintendent, or principal of any school as a location to which juveniles are to be evacuated, or are to assemble, in the event of an emergency or other incident at the school.

23.

"Sheriff" or "sheriffs office" means the Shasta County Sheriffs Office or the authorized representatives thereof.

24.

"Youth-oriented facility" means elementary school, middle school, high school, public park, and any establishment that advertises in a manner that identifies the establishment as catering to or providing services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. This shall not include a child care center. A "youth-oriented facility" shall also mean a "youth center" as defined in Health and Safety Code Section 11353.1.

D.

Nuisance Declared; Cultivation Restrictions.

1.

Regardless of whether the cannabis is for medical purposes or nonmedical purposes, the cultivation of cannabis plants on any parcel not in conformance with the provisions of this section is hereby declared to be a public nuisance that may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code, Shasta County Code Section 17.94.060, and by any other means available by law. The provisions of Chapter 17.90 (Nonconforming Uses) of the Shasta County Code shall not apply to the cultivation of cannabis plants hereby declared to be a public nuisance.

2.

Outdoor cultivation on any parcel is prohibited.

3.

Cultivation may only occur on a parcel within (1) a residence, or (2) a detached residential accessory building associated with a residence that is affixed to the real property that complies with all of the provisions of the Shasta County Code relating to accessory structures, including, but not limited to, the county's general development standards in Chapter 17.84, and Section 17.88.140 of the Shasta County Code. Where the provisions of this section are more restrictive than Shasta County Code Chapter 17.84 and Section 17.88.140, the provisions of this section shall govern.

4.

Cultivation within a residence or a residential accessory building associated with a residence shall meet all of the following criteria:

a.

The building and interior space shall be legally constructed with all applicable permits and provided with proper ingress and egress, including, but not limited to, structural, electrical, mechanical, and plumbing approved by the applicable authorities prior to any cultivation activity. The conversion of any existing space for cultivation shall be subject to all applicable permit requirements and inspection.

b.

Hardwired or battery powered smoke and carbon monoxide detectors, or a combination smoke and carbon monoxide detector, shall be located directly outside and within three feet of any space used for cultivation.

c.

The use of open flame, butane or other flammable gases for cultivation is prohibited.

d.

The storage or use of chemicals or materials not specifically recommended by the manufacturer for indoor use is prohibited.

e.

The cultivation space shall be equipped with odor control filtration and ventilation system(s) adequate to prevent a humidity or mold problem.

f.

The cannabis lighting system shall not exceed a total of one thousand two hundred watts or the conductor size of the electrical system or wiring.

g.

Any automated watering system shall include a secondary containment system.

h.

All lighting, ventilation and other equipment shall be UL listed, tested, and approved for the intended use and shall conform to all applicable building, mechanical, and electrical codes.

i.

The cultivation space shall include adequate coverings on windows to confine light and glare to the interior of the structure.

j.

Any residential accessory building where cultivation is permitted shall have locking doors and a working security system which shall consist of a standard audible residential alarm of at least ninety dBA, but not exceeding one hundred ten dBA. This provision shall not apply to cultivation within a residence.

5.

No more than six cannabis plants shall be permitted to be cultivated within a dwelling unit of a residence. Cultivation is permitted within a dwelling unit of a residence and within a residential accessory building associated with that dwelling unit of a residence, but in no case shall the combined number of cannabis plants cultivated within a dwelling unit of a residence and within a residential accessory building associated with that dwelling unit of a residence exceed six. The foregoing limitations shall be imposed regardless of the number of qualified patients or primary caregivers or other persons residing within a dwelling unit of a residence or participating directly or indirectly in the cultivation. Further, this limitation shall be imposed notwithstanding any assertion that the person(s) cultivating cannabis are the primary caregiver(s) for qualified patients or that such person(s) are collectively or cooperatively cultivating cannabis.

6.

Cultivation of cannabis shall not occur in a location where the cannabis would be visible or detectable from a school, school bus stop, school evacuation site, child care center, public park, public library, church, youth-oriented facility, or any public right-of-way or publicly traveled private roads at any stage of their growth.

7.

All persons and entities engaging in the cultivation of cannabis shall:

a.

Have a legal water source on the parcel;

b.

Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and

c.

Not permit illegal discharges of water from the parcel.

8.

Cannabis cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.

9.

No person owning, leasing, occupying, or having charge or possession of any parcel within the county shall cause, allow, suffer, or permit such parcel to be used for the cultivation of cannabis in violation of the Shasta County Code.

10.

Unless the person(s) cultivating cannabis on any parcel is/are the sole legal owner(s) of the parcel, such person(s) shall obtain a notarized letter(s) from all of the legal owner(s) indicating that all of the legal owner(s):

a.

Has/have reviewed and understand(s) Section 17.88.320 of the Shasta County Code related to cannabis cultivation; and

b.

Consent(s) to the cultivation of cannabis on the parcel.

A copy of the notarized letter(s) must be kept available on the parcel where the cultivation is located. The enforcing officer may prescribe forms for such letters. Cultivation in the absence of such notarized written consent is prohibited.

11.

Cultivation shall be subject to the following permitting requirements:

a.

Cultivation shall only occur after the issuance of a zoning permit, in accordance with Shasta County Code Section 17.92.060. Cultivation without a valid zoning permit is prohibited.

b.

The term of any zoning permit issued for cultivation pursuant to this subsection shall be two years. The permit may be extended for two additional two-year terms (for a total of six years) provided that for each extension an application shall be made prior to expiration of the permit, which application shall include:

i.

Payment of an extension and/or special inspection fee as set by the Board of Supervisors; and

ii.

Verification that the cultivation is in full compliance with all applicable standards and regulations. The cultivation shall cease at the end of the term or any applicable extension term, but a new zoning permit may be granted in accordance with Shasta County Code Section 17.92.060 and this section.

E.

Enforcement.

Cannabis cultivation shall be subject to Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Chapter 17.94. Furthermore, in the performance of his or her functions, the enforcing officer is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.320 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

F.

Non-Exclusive Remedy.

This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

G.

Liability.

The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of cannabis. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or Shasta County itself shall not become a personal liability of such person or a liability of the county.

H.

Misdemeanor Penalty.

As authorized by Government Code Section 25132, and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.320 of the Shasta County Code shall be guilty of a misdemeanor.

(Ord. No. 2019-04, § I, 6-18-2019)

Editor's note— Ord. No. 2019-04, § I, adopted June 18, 2019, repealed the former § 17.88.320, and enacted a new § 17.88.320 as set out herein. The former § 17.88.320 pertained to medical marijuana cultivation and derived from Ord. No. 2011-05, § I, adopted December 13,2011; Ord. No. 2014-02, § I, January 28, 2014; Ord. No. 2016-01, § II, adopted February 2, 2016)

A.

Legislative Findings. The board of supervisors finds as follows:

1.

On January 1, 2016, the "Medical Marijuana Regulation & Safety Act" (MMRSA) became effective, to establish a state regulatory structure concerning, among other things, the issuance of state licenses for commercial cannabis activity, as defined in Business & Professions Code section 19300.5, for medical purposes. On June 27, 2016, the "Medical Marijuana Regulation & Safety Act" was renamed as the "Medical Cannabis Regulation & Safety Act. (MCRSA).

2.

On November 8, 2016, the California electorate approved Proposition 64, known as the "Adult Use of Marijuana Act" or "AUMA." The AUMA's purpose is to establish a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana.

3.

On June 27, 2017, the California Legislature adopted the "Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)." The MAUCRSA repealed the MCRSA and included certain provisions of the MCRSA in the licensing provisions of the AUMA. The MAUCRSA also revised references to "marijuana" or "medical cannabis" in existing law to instead refer to "cannabis" or "medicinal cannabis."

4.

The AUMA, as amended by the MAUCRSA, established a process for the state licensing of "commercial cannabis activity," as defined at Business & Professions Code section 26001, for both medical and nonmedical purposes.

5.

The AUMA, as amended by the MAUCRSA, at Business & Professions Code § 26200(a), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the AUMA, as amended by the MAUCRSA, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under the AUMA, as amended by the MAUCRSA, within the local jurisdiction.

6.

The AUMA, as amended by the MAUCRSA, at Business & Professions Code § 26200(f), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be deemed to limit the authorities or remedies of a county under any provision of law, including, but not limited to, section 7 of Article XI of the California Constitution.

7.

The county of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

8.

Adverse impacts have been reported related to the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, and sale of cannabis, including but not limited to, disagreeable odors, negative effects on the environment, unsanitary conditions, negative effects on physical, mental and community health, violation of building codes, increased risk of burglary and other property crimes, and acts of violence in connection with the commission of such crimes or attempts to prevent such crimes.

9.

Regulations are needed to protect the public health, safety, and welfare of residents, children, and businesses from harmful secondary effects of the aforementioned cannabis activity.

10.

The board of supervisors enacts this section to regulate commercial cannabis activity in furtherance of the public necessity, health, safety, convenience, and general welfare.

B.

Intent. It is the intent of the board of supervisors to prohibit commercial cannabis activity in the unincorporated area of the county of Shasta.

C.

Definitions. For purposes of this section only, the following definitions shall be applicable:

"Commercial cannabis activity" shall have the same definition as set forth in Business & Professions Code section 26001. For purposes of this section, it shall also include "delivery" as set forth in Business & Professions Code section 26001, and "operation," as set forth in Business & Professions Code § 26001.

"Cannabis" shall have the same meaning as set forth in Health and Safety Code Section 11018 and Business & Professions Code section 26001. It shall also include "cannabis concentrate," "cannabis products," "edible cannabis products," "medicinal cannabis," and "medicinal cannabis product," as set forth in Business & Professions Code § 26001.

"Customer" shall have the same definition as set forth in Business & Professions Code section 26001.

"Delivery" shall have the same definition as set forth in Business & Professions Code section 26001.

"Primary caregiver" shall have the same definition as set forth in Health & Safety Code section 11362.7(d).

"Qualified patient" shall have the same definition as set forth in Health & Safety Code section 11362.7(c) and (f).

"Transfer" means to make available, sell, transmit, give, distribute, or otherwise provide.

All references to statutes and ordinances in this section refer to statutes and ordinances as they currently exist and as they may be amended

D.

Prohibition.

1.

Commercial cannabis activity is prohibited in all zones of the unincorporated area of the county of Shasta and no permit or approval of any type shall be issued therefor. This prohibition applies regardless of whether the commercial cannabis activity is for medical purposes or nonmedical purposes.

2.

The delivery of cannabis to a customer in the unincorporated area of the county of Shasta is prohibited and no permit or approval of any type shall be issued therefor. This prohibition applies regardless of whether the delivery is for medical purposes or nonmedical purposes

3.

Temporary events involving the onsite sale or consumption of cannabis are hereby prohibited in all zones of the unincorporated area of the County of Shasta and no permit or approval of any type shall be issued therefor. This prohibition applies regardless of whether the temporary event is for medical purposes or nonmedical purposes.

4.

This section shall not prohibit the transfer of medicinal cannabis or medicinal cannabis products by primary caregivers to their qualified patients for compensation in accordance with Health & Safety Code section 11362.765(c), when both of the following requirements are satisfied:

a.

The transfer of medicinal cannabis or medicinal cannabis products is authorized under Shasta County Code section 17.88.310; and

b.

The primary caregivers and qualified patients are exempt from the licensure requirements of Division 10 of the Business & Professions Code (commencing at Business & Professions Code section 26000), pursuant to Business & Professions Code section 26033.

E.

Enforcement. Any violation of Subsection (D) of this Section 17.88.325 of the County Code is hereby declared to be a public nuisance and may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Chapter 17.94 and by any other means available by law. Furthermore, in the performance of his or her functions, the enforcing officer is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.325 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

F.

Non-Exclusive Remedy. This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

G.

Liability. The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of cannabis. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or Shasta County itself shall not become a personal liability of such person or a liability of the county.

H.

Misdemeanor Penalty. As authorized by Government Code section 25132, and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.325 of the Shasta County Code shall be guilty of a misdemeanor.

(Ord. No. 2017-07, § II, 11-14-2017)

A.

Legislative findings. The Board of Supervisors finds as follows:

1.

On January 1, 2016, the "Medical Marijuana Regulation and Safety Act" (MMRSA) became effective, to establish a state regulatory structure concerning, among other things, the issuance of state licenses for commercial cannabis activity, as defined in Business and Professions Code Section 19300.5, for medical purposes. On June 27, 2016, the "Medical Marijuana Regulation and Safety Act" was renamed as the "Medical Cannabis Regulation and Safety Act (MCRSA).

2.

On November 8, 2016, the California electorate approved Proposition 64, known as the "Adult Use of Marijuana Act" or "AUMA." The AUMA's purpose is to establish a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana, including marijuana products, for use by adults twenty-one years and older, and to tax the commercial growth and retail sale of marijuana.

3.

On June 27, 2017, the California Legislature adopted the "Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)." The MAUCRSA repealed the MCRSA and included certain provisions of the MCRSA in the licensing provisions of the AUMA. The MAUCRSA also revised references to "marijuana" or "medical cannabis" in existing law to instead refer to "cannabis" or "medicinal cannabis."

4.

The AUMA, as amended by the MAUCRSA, established a process for the state licensing of "commercial cannabis activity," as defined at Business and Professions Code Section 26001, for both medical and nonmedical purposes.

5.

The AUMA, as amended by the MAUCRSA, at Business and Professions Code § 26200(a), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under the AUMA, as amended by the MAUCRSA, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under the AUMA, as amended by the MAUCRSA, within the local jurisdiction.

6.

The AUMA, as amended by the MAUCRSA, at Business & Professions Code § 26200(f), provides that its provisions relating to the state licensing of commercial cannabis activity shall not be deemed to limit the authorities or remedies of a county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.

7.

The County of Shasta may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

8.

The Outdoor Advertising Act, at Business and Professions Code Section 5227, authorizes the County of Shasta to adopt reasonable land use or zoning regulations affecting the placing of advertising displays in accordance with the provisions of the state planning law.

9.

Adverse impacts have been reported related to the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, and sale of cannabis, including, but not limited to, disagreeable odors, negative effects on the environment, unsanitary conditions, negative effects on physical, mental and community health, violation of building codes, increased risk of burglary and other property crimes, and acts of violence in connection with the commission of such crimes or attempts to prevent such crimes.

10.

Regulations are needed to protect the public health, safety, and welfare of residents, children, and businesses from harmful secondary effects of the aforementioned cannabis activity.

11.

The board of supervisors has adopted Shasta County Code Section 17.88.325, which prohibits all commercial cannabis activity in the unincorporated area of the county.

12.

The Board of Supervisors enacts this section to regulate the advertising of commercial cannabis activity consistent with the prohibitions in Shasta County Code Section 17.88.325 and in furtherance of the public necessity, health, safety, convenience, and general welfare.

B.

Definitions. For purposes of this section only, the following definitions shall be applicable:

"Advertise" or "advertising" means the publication or dissemination of any statement, illustration, or depiction which is calculated to induce commercial cannabis activity or sales of cannabis.

"Commercial cannabis activity" shall have the same definition as set forth in Business and Professions Code Section 26001. For purposes of this section, it shall also include "delivery" as set forth in Business and Professions Code Section 26001, and "operation," as set forth in Business and Professions Code § 26001.

"Cannabis" shall have the same meaning as set forth in Health and Safety Code Section 11018 and Business and Professions Code Section 26001. It shall also include "cannabis accessories," "cannabis concentrate," "cannabis products," "edible cannabis products," "medicinal cannabis," and "medicinal cannabis product," as set forth in Business and Professions Code § 26001.

All references to statutes and ordinances in this section refer to statutes and ordinances as they currently exist and as they may be amended.

C.

Prohibition.

1.

It is unlawful to advertise on an outdoor advertising sign as defined in Section 17.02.545, which is visible and legible from any public street, public road, or public highway, any aspect of commercial cannabis activity, including, but not limited to, pricing of cannabis, details regarding specific cannabis products, or cannabis photography or graphics related to the cannabis plant, cannabis products, or cannabis accessories.

2.

The foregoing restrictions shall apply only to outdoor advertising signs as defined in Section 17.02.545 that are located within the unincorporated area of the County of Shasta.

D.

Enforcement.

1.

Any violation of subsection C of this Section 17.88.327 of the County Code is hereby declared to be a public nuisance and may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code and Shasta County Code Chapter 17.94 and by any other means available by law. The provisions of Chapter 17.90 (Nonconforming Uses) of the Shasta County Code shall not apply to the conduct hereby declared to be a public nuisance.

2.

Furthermore, in the performance of his or her functions, the enforcing officer is authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.327 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

E.

Non-exclusive remedy. This section is cumulative to all other remedies now or hereafter available to abate or otherwise regulate or prevent public nuisances or to enforce the provisions of the Shasta County Code.

F.

Liability. The provisions of this section shall not be construed to protect qualified patients, primary caregivers, or any other person from prosecution pursuant to any laws that may prohibit the cultivation, sale, distribution, possession, and/or use of controlled substances, or to authorize conduct that is unlawful under state or federal law. Moreover, cultivation, sale, possession, distribution, and use of cannabis remain violations of federal law as of the date of adoption of the ordinance creating this section and this section is not intended to, and does not authorize conduct or acts that violate federal law, does not serve in any manner as an obstacle to enforcement of federal law, and does not protect any of the above-described persons from arrest or prosecution under those federal laws. Qualified patients, primary caregivers, and any other persons assume any and all risk and any and all liability that may arise or result under state and federal laws from the cultivation, sale, possession, distribution, and/or use of cannabis. Further, to the fullest extent permitted by law, any actions taken under the provisions of this section by any public officer or employee of the county of Shasta or Shasta County itself shall not become a personal liability of such person or a liability of the county.

G.

Misdemeanor penalty. As authorized by Government Code Section 25132, and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.327 of the Shasta County Code shall be guilty of a misdemeanor.

(Ord. No. 2021-07, § I, 11-16-2021)

A.

Purpose and Authority.

1.

Pursuant to Article XI, Section 7, of the California Constitution, the County of Shasta ("County") may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens. It is the purpose and intent of this section to establish standards, requirements, and regulations governing industrial hemp cultivation, including commercial and research industrial hemp activities.

2.

Further, it is the purpose and intent of this section to impose reasonable land use regulations to protect the county's residents, neighborhoods, businesses, and the environment from disproportionately negative impacts caused by industrial hemp cultivation, processing, and manufacturing and to enforce rules and regulations consistent with state and federal law. Any standards, requirements and regulations established by the State of California, or any of its departments or divisions, regarding commercial and/or research industrial hemp cultivation, processing, and manufacturing shall be the minimum standards applicable within the unincorporated areas of the county.

3.

The provisions of this section are in addition to any other permits, licenses and approvals which may be required to conduct business in the county, and are in addition to any permits, licenses, registrations, and approval required under federal, state, county, or other law.

B.

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

1.

"Cultivation" means any activity involving the planting, growing, or harvesting of one or more hemp plants or any part thereof.

2.

"Established agricultural research institution" has the same meaning as that term is defined in Section 81000 of the Food and Agricultural Code.

3.

"Hemp" shall have the same meaning as "industrial hemp" set forth below.

4.

"Industrial hemp" has the same meaning as that term is defined in Section 81000 of the Food and Agricultural Code.

5.

"Manufacturing" means the making of products by hand or machine from industrial hemp, either exclusively or in combination with other raw materials. Manufacturing does not include any activity defined as "agricultural processing" pursuant to this section.

6.

"Micro-greens" refers to hemp harvested as tiny seedlings when they are seven to fourteen days old and one to three inches tall.

7.

"Nursery stock" shall have the meaning set forth in Food and Agricultural Code Section 5005.

8.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business, business trust, receiver, syndicate, collective, cooperative, institution, including an established agricultural research institution, or any other group or entity, or combination acting as a unit. Except where otherwise indicated by context, the singular shall include the plural, and vice versa.

9.

"Processing" has the same meaning as "agricultural processing" in Section 17.02.057 of the Shasta County Code. "Processing" includes storage.

10.

"Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures. Volatile solvent does not include carbon dioxide used for extraction or ethanol used for extraction and post-extraction processing.

C.

Nuisance Declared; Enforcement.

1.

It is unlawful and is hereby declared to be a public nuisance for any person to engage in any industrial hemp cultivation, processing, or manufacturing for commercial and/or research purposes within the County without complying with all applicable federal, state, and local laws and regulations pertaining to such activities, including the provisions of this section and the duty to register with the county agricultural commissioner. Such activities may be abated in accordance with Chapter 8.28 (Nuisances) of the Shasta County Code, Shasta County Code Section 17.94.060, and by any other means available by law. The provisions of Chapter 17.90 (Nonconforming Uses) of the Shasta County Code shall not apply to the cultivation, processing, and manufacturing of industrial hemp hereby declared to be a public nuisance.

2.

The sheriff, the agricultural commissioner, and the director of resource management, and their respective designees, are charged with the responsibility of administering and exercising the authority conferred under this section.

3.

In the performance of their functions, the enforcing officers are authorized to enter upon and inspect private properties to ensure compliance with the provisions of this Section 17.88.330 of the Shasta County Code. Any such entry and inspection remains subject to all requirements established by the United States Constitution, the California Constitution, and any other applicable state and federal law.

4.

Each and every violation of this section shall constitute a separate violation. All violations of this section are subject to punishment and enforcement measures authorized under federal or state laws and regulations, and Shasta County Code.

5.

Such violations of County Code, federal and state laws or regulations, and failure to pay fees or penalties assessed as a result of industrial hemp activities in the county shall be cause to revoke any permits or registrations issued for industrial hemp activities. Failure to pay fees or penalties shall also be cause for non-renewal of a registration or permit until such time as said fees or penalties have been paid in full.

D.

Agricultural Commissioner Registration for Cultivation or Processing. No person shall cultivate or process industrial hemp in the unincorporated areas of Shasta County without first obtaining a registration issued by the agricultural commissioner as required by state law.

E.

Cultivation and Processing Requirements. The following standards shall apply to the cultivation and processing of industrial hemp for commercial and research purposes.

1.

The indoor cultivation and processing of industrial hemp is permitted in the Exclusive Agricultural (EA), Limited Agriculture (A-1), and Unclassified (U) districts if a use permit is issued in accordance with the provisions of Section 17.92.020. Indoor cultivation and processing of industrial hemp is prohibited in all other districts. The indoor cultivation and processing of industrial hemp is limited to nursery stock and micro-greens.

2.

Outdoor cultivation and processing of industrial hemp is prohibited in all districts.

3.

Indoor cultivation or processing of industrial hemp may be proposed on a parcel of any size.

4.

Any structure(s) containing facilities used for the cultivation or processing of industrial hemp must have all permits required under state law and Shasta County Code.

5.

Processing of industrial hemp shall not be accomplished by use of volatile solvents.

6.

Notwithstanding anything to the contrary in this Code, all parcels used for the cultivation or processing of industrial hemp shall have onsite signage indicating that hemp is being cultivated or processed on site. The signs shall:

a.

Be of a size so that the wording on the sign is clearly visible and readable to a person with normal vision from a distance of twenty-five feet; and

b.

Use letters and symbols that are of a color that sharply contrasts with their immediate background; and

c.

Be posted at the corners of the parcel and at all usual points of entry to the parcel, including each road, footpath, walkway, or aisle that enters the cultivation area. When a parcel is adjacent to a public right-of-way, such as a road, trail, or path, signs shall be posted at intervals not exceeding six hundred feet along the parcel's border with the right-of-way.

7.

A person cultivating or processing industrial hemp shall comply with all provisions of federal and state law, as well as all associated regulations therewith, as applicable to the cultivation or processing of industrial hemp, including, but not limited to, requirements for registration, cultivation, sampling, laboratory testing, harvesting, and crop destruction.

8.

A registration issued by the agricultural commissioner shall be obtained prior to the cultivation or processing of industrial hemp for any purpose in the unincorporated areas of the county.

F.

Financial Assurances for Cultivation. As a condition for issuance of a use permit, a person cultivating industrial hemp shall provide financial assurances to be applied against county costs for inspection, abatement, and destruction of non-compliant industrial hemp crops as follows:

1.

Financial assurances may take the form of surety bonds, irrevocable letters of credit, trust funds, or other forms of financial assurance, which the director of resource management determines is adequate to secure recovery of the aforementioned county costs.

2.

The financial assurances shall remain in effect for the duration of the cultivation activities.

3.

The amount of financial assurances shall be in an amount not less than one hundred percent of the total estimated cost to the county for inspection, abatement, and destruction of non-compliant industrial hemp crops.

4.

The financial assurances shall be made payable to the county or otherwise available to county upon any event, in county's sole discretion, where county must incur costs for inspection, abatement, and destruction of non-compliant industrial hemp crops.

5.

Financial assurances shall no longer be required of an operation for cultivating industrial hemp and shall be released upon written confirmation by the county that the operations have ceased and such financial assurances are no longer needed. If an operation for cultivating industrial hemp is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the county until new financial assurances are secured from the new owner and have been approved by the director of resource management.

6.

The decision to approve financial assurances, both with respect to the form and amount thereof, shall be made by the director of resource management. The decision of the director of resource management may be appealed to the board of supervisors within ten calendar days of the decision.

7.

A person cultivating industrial hemp shall remain responsible for reimbursing the county for all costs for inspection, abatement and destruction of non-compliant hemp crops. The provision of financial assurances shall not relieve any person of such responsibility. Nothing in this paragraph shall limit the county's ability to utilize all available remedies to recover such costs.

G.

Manufacturing Requirements. The following standards shall apply to the manufacturing of industrial hemp products.

1.

The manufacturing of industrial hemp products is permitted in a fully enclosed building in the General Industrial (M) and Light Industrial (M-L) districts if a zoning permit is issued in accordance with the provisions of Section 17.92.060. Manufacturing of industrial hemp products is prohibited in all other districts and is prohibited outdoors in all districts.

2.

A person manufacturing industrial hemp products shall design the structure(s) to be used for manufacturing in a manner that minimizes impacts, which may include, but are not limited to, odor and pollen drift, to surrounding areas.

3.

Structures utilized for the manufacturing of industrial hemp products must comply with applicable building codes and be permitted by the resource management department as required by law.

4.

Manufacture of industrial hemp products shall not be accomplished by use of volatile solvents.

H.

Destruction of Non-Compliant Industrial Hemp Crops.

1.

The County of Shasta Board of Supervisors ("board") adopts this section pursuant to its police power for the purpose of preserving the health, safety and public welfare of the residents of the county. The board finds that agriculture is extremely important to the county's economy and that insuring the continued agricultural commodities is essential to the health and well-being of county residents. The board determines that the enforcement of this section is essential.

2.

Each and every violation of the provisions of this section is hereby deemed unlawful and a public nuisance.

3.

It shall be the responsibility of the persons cultivating, processing, or manufacturing industrial hemp to ensure that they are, at all times, operating in a manner compliant with all applicable federal, state, and local laws, and/or regulatory, licensing, or certification requirements, and any specific, additional operating procedures or requirements which may be imposed by the county. Nothing in this chapter shall be construed as authorizing any actions that violate federal, state, or local law regarding the cultivating, processing or manufacturing of industrial hemp.

4.

Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies, penalties, and enforcement measures authorized by the county. The county may pursue any and all remedies and actions available under state and local laws for any violations committed by persons related to, or associated with, the unlawful cultivation, processing, or manufacturing of industrial hemp.

5.

An industrial hemp crop that does not comply with the provisions of this section and all applicable provisions of federal and state law, and associated rules and regulations, shall be destroyed. Crop destruction shall proceed as provided for in all applicable laws and regulations, which includes Food and Agricultural Code Section 81006 and California Code of Regulations, Title 3, Sections 4950 and 4950.1. Any violations of this section are subject to abatement under the Shasta County Code. The person growing industrial hemp in violation of the law, shall submit a destruction plan to the agricultural commissioner at least twenty-four hours prior to the start of the destruction. The agricultural commissioner shall approve the method of destruction.

6.

The remedies provided herein are not to be construed as exclusive remedies. The county is authorized to pursue any proceedings or remedies provided by law.

I.

Fees.

1.

The board of supervisors may establish reasonable fees, in an amount necessary to cover the actual costs of implementing, administering, and enforcing this section and the provisions of state law related to industrial hemp. Payment of such fees shall be a condition of issuance of any registration or permit provided for in this section.

2.

The amount of the fees adopted pursuant to this section shall not exceed the amount reasonably required to inspect, administer or process the required permits, registrations, or other forms or documents, or to defray the costs of enforcement required to be carried out by the county. Such costs shall include, but not be limited to, charges for time and mileage. Such fees shall cover the reasonable costs associated with services that may include, but are not limited to, processing of registrations and permits, inspections, sampling and testing, and abatement/destruction. Such fees shall be in addition to any amounts covered by financial assurances set forth in subsection F of this section.

3.

Failure to pay all fees shall be cause for revocation or non-renewal of a person's registration and/or permit until all outstanding fees are paid in full.

4.

No new registrations or permits shall be issued without payment of fees that are due.

J.

Misdemeanor Penalty. As authorized by Government Code Section 25132. and except as otherwise provided by state statute, any person or entity violating any provision of this Section 17.88.330 of the Shasta County Code shall be guilty of a misdemeanor.

K.

Cost Recovery. The county shall be reimbursed for all time, services, and materials needed to implement, administer and enforce state law and this section.

L.

Remedies Cumulative. All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided in this Code and by law. Nothing in this section shall be deemed to authorize or permit any activity that violates any provision of state or federal law.

M.

Limitation of County's Liability. To the fullest extent permitted by law, the County of Shasta shall not assume any liability whatsoever with respect to having registered or permitted any person pursuant to this section.

(Ord. No. 2020-02, § I, 5-19-2020)

A.

Legislative Findings. The board of supervisors finds as follows:

1.

California Government Code Section 65850 authorizes the county of Shasta to adopt ordinances that regulate the use of buildings, structures, and land and the intensity of land uses.

2.

Pursuant to Article XI, Section 7, of the California Constitution, the county of Shasta may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and general welfare of its citizens.

3.

The adverse impacts of large wind energy systems, particularly with respect to wildfire, aerial firefighting, aesthetics, biological resources, and historical, cultural, and tribal resources, are of significant concern to many residents of Shasta County as evidenced by the numerous public comments received between 2019 and 2021 regarding the proposed fountain wind project.

4.

The vast majority of the unincorporated area of Shasta County is designated as being in the high and very high fire hazard severity zones as recommended by the California Department of Forestry and Fire Protection. Large wind energy systems are incompatible in the high and very high fire hazard severity zones.

5.

In light of the foregoing concerns, the construction or operation of large wind energy systems will not have an overall net positive economic benefit to the county of Shasta. The foregoing concerns outweigh any potential economic benefits to the county that may be available from such large wind energy systems.

6.

Regulations are needed to protect the public health, safety, and welfare of residents from the adverse impacts of large wind energy systems.

7.

The board of supervisors enacts this section to prohibit large wind energy systems in furtherance of the public necessity, health, safety, convenience, and general welfare.

B.

Definitions. The following definition governs this section:

"Large wind energy system" means a wind energy conversion system that is not defined as a small wind energy system pursuant to subsection 17.88.035(A) of this chapter.

C.

Prohibition. Large wind energy systems are prohibited in all zone districts of the unincorporated area of the county of Shasta and no permit or approval of any type shall be issued therefor.

D.

Applications for Large Wind Energy Systems Filed with the California Energy Commission.

1.

In connection with applications for large wind energy systems submitted to the California Energy Commission for review and approval, pursuant to Chapter 6.2 of Division 15 of the Public Resources Code (Government Code Sections 25545 et seq), the county of Shasta makes the following findings:

a.

As recognized by relevant legal authorities, the California Energy Commission is to give great weight to the comments, opinions, ordinances, and standards of local governments. The concerns of counties and cities are not to be ignored or to be given secondary consideration. As representatives of the people who live in the immediate area of large wind energy systems, county and city government officers are to be listened to and respected.

b.

In accordance with Public Resources Code Sections 25525 and 25545.8, the California Energy Commission may not certify a facility contained in the application when it finds, pursuant to subdivision (d) of Public Resources Code Section 25523, that the facility does not conform with any applicable state, local, or regional standards, ordinances, or laws, unless the commission determines that the facility is required for public convenience and necessity and that there are not more prudent and feasible means of achieving public convenience and necessity. In making the determination, the commission shall consider the entire record of the proceeding, including, but not limited to, the impacts of the facility on the environment, consumer benefits, and electric system reliability. The commission may not make a finding in conflict with applicable federal law or regulation. The basis for these findings shall be reduced to writing and submitted as part of the record pursuant to Public Resources Section 25523.

c.

The foregoing statutes reflect a legislative policy that local ordinances, laws and standards are to be given such weight as to prevent or substantially influence the construction of a proposed facility not in compliance therewith if there exists a more prudent and feasible means of achieving the public convenience and necessity than constructing the facility as proposed or on the site proposed.

d.

Pursuant to Shasta County Code Section 17.88.335(C), large wind energy systems are prohibited in all zone districts of the unincorporated area of the county of Shasta and no permit or approval of any type shall be issued therefor. There are more prudent and feasible means of achieving any possible public convenience and necessity than constructing large wind energy systems in the unincorporated area of the county of Shasta.

e.

Pursuant to Section 25545.9 of the Public Resources Code, the California Energy Commission shall not certify a site and related facility unless the commission finds that the construction or operation of the facility will have an overall net positive economic benefit to the county of Shasta. Pursuant to the findings in Shasta County Code Section 17.88.335(A), large wind energy systems will not have an overall net positive economic benefit to the county of Shasta.

f.

Pursuant to Section 25545.10 of the Public Resources Code, the California Energy Commission shall not certify a site and related facility unless the commission finds that the applicant has entered into one or more legally binding and enforceable agreements with, or that benefit, a coalition of one or more community-based organizations, including local governmental entities. No county officer, agency, or department is authorized to agree to any such community benefit agreement for large wind energy systems without the prior approval of the board of supervisors.

2.

For each application for a large wind energy system within the unincorporated area of Shasta County filed with the California Energy Commission for review and approval, pursuant to Chapter 6.2 of Division 15 of the Public Resources Code (Government Code Sections 25545 et seq), the director of resource management shall perform the following duties:

a.

In consultation with all applicable Shasta County departments, Native American tribal governments, agencies, organizations, and groups, evaluate the economic impacts of the proposal and prepare and present a comment letter regarding the economic impacts of the proposal to the board of supervisors for their consideration.

b.

When directed by the board of supervisors, submit a comment letter regarding the economic impacts of the proposal to the California Energy Commission and on such other impacts as may be directed by the board of supervisors.

c.

In his/her capacity as the Shasta County Environmental Review Officer, review all environmental documents prepared for the proposal by the California Energy Commission in accordance with the California Environmental Quality Act and submit written comments to the commission when warranted and appropriate.

d.

In accordance with Public Resources Code Section 25519, the director of resource management shall review the application and submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility. The director of resource management shall also provide the California Energy Commission copies of all relevant laws, ordinances, and regulations promulgated or administered by the county of Shasta.

e.

The director of resource management shall also review the application and provide comments for conformance with the requirements of Public Resources Code Section 25527 and whether the proposed site will impact any of the following areas:

i.

State, regional, county and city parks; wilderness, scenic or natural reserves; areas for wildlife protection, recreation, historic preservation; or natural preservation areas located in the county of Shasta.

ii.

Estuaries in an essentially natural and undeveloped state located within the county of Shasta.

Pursuant to Public Resources Code Section 25527, in considering applications for certification, the California Energy Commission shall give the greatest consideration to the need for protecting areas of critical environmental concern, including, but not limited to, unique and irreplaceable scientific, scenic, and educational wildlife habitats; unique historical, archaeological, and cultural sites; lands of hazardous concern; and areas under consideration by the state or the United States for wilderness, or wildlife and game reserves.

f.

In accordance with Public Resources Code Section 25538, the director of resource management shall request a fee from the California Energy Commission to reimburse the county of Shasta for the actual and added costs of the review by the county of Shasta and such other fees as may authorized under that statute and other applicable laws.

(Ord. No. 2022-04, § III, 7-12-2022; Ord. No. 2023-01, § I, 3-14-2023)