The purpose of this chapter is to limit and regulate commercial poultry operations in Tehama County within the AG-1, AG-2, AG-3, AG-4, and Animal Raising Combining zoning districts, where such operations maintain, feed, or keep, between 101 and 2,999 poultry. The ministerial administrative permit process is intended to allow the proper integration of such uses into the community, only if such uses are designed or arranged on the site in accordance with established development standards of this title. This chapter is intended to implement the 2009-2029 Tehama County General Plan Policies LU-1.4, LU 2.2, ED-3.4, and ED-6.2.

(Ord. No. 2016, § 28(17.82.060), 10-20-2015)

A.

Applicants may be issued an administrative permit for commercial poultry operations keeping, feeding, or maintaining of between 101 and 2,999 poultry, on lands within the AG-1, AG-2, AG-3, AG-4, and the A; Animal Raising Combining zoning districts, if such use is consistent with the administrative permit application requirements and administrative permit standards and criteria set forth in this chapter. In the event that the proposed use or activity exceeds the standards and requirements of this chapter, the applicant shall be required to obtain a use permit under Chapter 17.70.

B.

Application for an administrative permit shall be made in writing by the owner or authorized occupant of the property on a form prescribed by the director of planning. The application shall be accompanied by a fee, as set by the board of supervisors, and plans showing the details of the site and the proposed use or activity.

C.

Prior to issuance of any administrative permit, the proposed use or activity and site plans shall be reviewed by the affected county departments and other affected public agencies to ascertain compliance with all applicable laws, polices, codes and regulations.

D.

Administrative permits under this chapter shall be issued upon a determination by the director of planning that the use described in the application for the permit and the plans filed therewith conform to the requirements of this chapter and other applicable laws, regulations, and ordinances, and that the fee has been paid.

(Ord. No. 2016, § 28(17.82.020), 10-20-2015)

A.

A public hearing shall not be required on any application for an administrative permit prior to action being taken by the director of planning to approve or deny the application.

B.

Upon the director of planning's action to approve or deny an administrative permit pursuant to this chapter, all property owners within one thousand feet of the project parcel and the applicant shall be notified by mail of the director of planning's action. The notice shall include the location and general description of the proposed use that may be established upon the issuance of the administrative permit. The notice shall inform the property owners and applicant of their right to appeal the final approval of the administrative permit to the planning commission.

C.

Appeal of the action by the director of planning to approve or deny an administrative permit under this chapter shall be made in writing to the planning commission and submitted to the planning department within twenty days of the date the notification is mailed to the property owners and applicant pursuant to subdivision (B). The written appeal shall be accompanied by an appeal fee prescribed by the board of supervisors.

D.

Following a public meeting, notice of which shall be given in the manner provided in subdivision (B), the planning commission may affirm, modify, or reverse the action of the director of planning, based upon the standards and requirements set forth in this chapter.

E.

The decision by the planning commission to affirm, modify, or reverse the action of the director of planning may be appealed to the board of supervisors within ten days of such action. The appeal shall be submitted in writing to the clerk of the board and accompanied by an appeal fee prescribed by the board of supervisors.

F.

Following a public meeting, notice of which shall be given in the manner provided in subdivision (B), the board of supervisors may affirm, modify, or reverse the action of the planning commission. Action by the board of supervisors on the appeal of an administrative permit shall be final. Failure to appeal to the planning commission and thereafter the board of supervisors shall be construed as a failure to exhaust administrative remedies.

(Ord. No. 2016, § 28(17.82.030), 10-20-2015)

A.

In any case where an administrative permit has not been used within one year after the date of granting thereof, then, without further action by the director of planning, the administrative permit granted shall be null and void.

B.

In any case where an active administrative permit has been abandoned for a period of six months, without further action by the director of planning, the administrative permit granted shall be null and void.

C.

The director of planning may approve one extension of the time limits set forth in this section for an approved administrative permit, for up to eighteen additional months after notice is given in the same manner as the original approval, if the director finds that such extension is consistent with the purposes of this chapter.

(Ord. No. 2016, § 28(17.82.040), 10-20-2015)

An administrative permit may be issued under this chapter for the following use:

A.

The keeping, feeding, or maintaining of between one hundred and one and two thousand nine hundred ninety-nine poultry, on lands within the AG-1, AG-2, AG-3, AG-4, and the A; Animal Raising Combining zoning districts, for the purpose of hatching, raising, butchering, or marketing, of said animals or animal products, in accordance with the development standards established by this chapter, shall be permitted.

(Ord. No. 2016, § 28(17.82.050), 10-20-2015)

Any person keeping, feeding, or maintaining of between one hundred and one and two thousand nine hundred ninety-nine, poultry, as permitted under this chapter shall comply with the following standards:

A.

The primary use of the parcel on which the use is located shall be a farm, as defined in Food and Agricultural Code section 52262 that produces agricultural products as its primary source of income. Uses under this chapter may constitute the primary commercial agricultural production use of the property.

B.

The amount of land allowed for the permanent physical improvements (infrastructure and structural improvements) related to any use or activity land area. Permanent physical improvements do not include other permitted uses allowed by the district wherein the proposed use is located. If the permitted use or activity is conducted on multiple parcels, the maximum percentage of permanent physical improvement shall be separately calculated for each parcel on which the improved facilities are located, and there shall be no more than ten acres cumulative physical improvement allowed on all of the parcels combined.

C.

The use shall not employ more than ten total employees on-site at any one time. This limit does not include family members, as defined in Section 1.04.205, or employees solely of other agricultural operations taking place on the project parcel. The director of planning may grant limited exceptions to the number of employees allowed at an operation on a case by case basis, through the administrative permit process, for specific uses which may occasionally require more employees, when the director of planning makes the finding that the increased number of employees will not adversely impact the neighbors or public.

D.

Permitted uses or activities shall be limited to the parcel or parcels identified in the application.

E.

Uses confining poultry shall fully comply with the requirements of The Prevention of Farm Animals Cruelty Act of 2008, Health and Safety Code § 25990 et seq.

F.

The use or activity shall have adequate provisions for potable water as determined by the Tehama County Department of Environmental Health.

G.

The use or activity shall have adequate on-site parking for all employees.

H.

Any new exterior lighting installed related to a permitted use or activity shall be designed to illuminate the immediate vicinity and shall not be visible off site.

I.

Reserved.

J.

If the use or activity generates more than fifteen average daily trips (ADTs), the following road access and maintenance requirements shall apply:

1.

The permitted use or activity shall have access from a public or private road or roads which have adequate capacity for existing traffic and the traffic generated by the activity or use, as set forth in the Tehama County Land Development and Engineering Design Standards. If the use or activity is proposed to have access from a county maintained road that does not full meet the standards set forth in the Tehama County Land Development and Engineering Design Standards, then the use or activity may only occur if the road is improved by the applicant to provide adequate capacity as described above.

2.

The use or activity shall have access from roads which are maintained. If primary access is not from a county maintained road or state highway, then the operator of the use or activity shall participate in any existing active road maintenance organization for all privately maintained access roads. If no road maintenance organization exists, then the applicant and any other parties whose consent is legally required shall develop, execute, and record a road maintenance agreement which provides for maintenance of drainage and erosion control devices, fuel modification, and upkeep of road surfaces from at least the applicant's property to the nearest county maintained road or state highway. The road maintenance agreement provisions shall be developed by the applicant and shall:

i.

Be in effect for the life of the use, unless said maintenance is taken over the by the county, a special district, other governmental entity, or another recorded private road maintenance association with the approval of the county.

ii.

Provide for annual maintenance and the immediate correction of emergency and hazard situations.

iii.

Be in a form approved by the director of planning and county counsel.

K.

All uses or activities shall comply with the following general standards:

1.

The applicant shall submit a plan demonstrating best practices in the management of supplemental feeds, manure, bedding and nesting materials to lessen any potential adverse impacts that the operation might have on neighbors or the larger community and ensure that the operation is not likely to become a nuisance to surrounding property owners or the community and that no health and safety problems will arises due to its operation. The plan shall describe policies and procedures that:

i.

Regulate, control or prohibit the accumulation of manure.

ii.

Prevent accumulation of spoiled feed or vegetable matter in which fly larvae exist or any accumulation of filth or sources of foulness hazardous to health or comfort of people.

iii.

Prevent pollutants, drainage, and storm water, from entering the creeks, streams, drainage ditches or groundwater supplies.

iv.

Prohibit any nuisance, offensive matter, foul or noxious odors.

v.

Ensure that stray birds do not trespass onto adjacent public rights-of-way or private lands.

2.

For confined and free range, and/or caged free poultry operations, maintain a setback of no less than five hundred feet from any building permitted for human occupancy.

L.

In the event that a use or activity permitted hereunder is proposed in an area where applications of pesticide may occur, the director of planning shall consider during the project review process the location of the use or activity. The permitted location shall include no less than five hundred feet setback from the property line to provide an adequate buffer between the use or activity and any application of a pesticide.

M.

Phased projects that would ultimately result in the maintaining, feeding, or keeping, of more than two thousand nine hundred ninety-nine poultry do not qualify for an administrative use permit and must obtain a use permit pursuant to Chapter 17.70.

(Ord. No. 2016, § 28(17.82.060), 10-20-2015)