YUBA COUNTY ZONING ORDINANCE Title XII of the Yuba County ...
YUBA COUNTY ZONING ORDINANCE Title XII of the Yuba County ...
YUBA COUNTY ZONING ORDINANCE Title XII of the Yuba County ...
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<strong>YUBA</strong> <strong>COUNTY</strong> <strong>ZONING</strong> <strong>ORDINANCE</strong><strong>Title</strong> <strong>XII</strong> <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> CodeThroughout this document * denotes cross references helpful in using <strong>the</strong> ordinance
TITLE <strong>XII</strong><strong>ZONING</strong>CHAPTERS12.01 General Provisions12.05 Definitions12.10 Administration, Amendment and Enforcement12.15 Establishment <strong>of</strong> Zones, Maps and Boundaries12.16 Second Dwelling Units12.18 Combining Zones, “-UP”12.20 "AE" Exclusive Agricultural Zone12.25 "A/RR" Agricultural/Rural Residential Zone12.30 "RRE" Rural Residential Estate Zone12.35 "R-1" Single Family Residential Zone12.40 "R-2" Medium Density Residential Zone; "R-3" High Density Residential Zone12.42 "NC" Neighborhood Commercial12.43 "RC" Rural Commercial Zone12.45 "C" General Commercial Zone12.50 "M-1" General Industrial Zone12.55 "M-2" Extractive Industrial Zone12.56 "M-3" Light Industrial Zone12.58 Smartville/Timbuctoo Community Boundary (STCB)12.60 "RZ" Recreational Zone12.62 "RPZ" Resource Preserve Zone12.65 "TPZ" Timberland Preserve12.70 "FP-1" Flood Plain Zoning12.72 “PF” Public Facilities Zone12.75 "AP" Airport Zone12.80 "PUD" Planned Unit Development12.82 "SP-1" Specific Plan-East Linda12.83 “SE” Sports/Entertainment Zone12.84 “I/C” Industrial/Commercial Zone12.85 Off-Street Parking and Loading Facilities12.87 Landscaping12.88 Water Efficient Landscapes12.90 Sign Regulations12.95 Home Occupations12.100 Planned Mobilehome Parks12.105 Temporary Uses12.110 Planning Reserve Zone (PR)12.115 Beale Air Force Base Zone "BAFB"12.120 Child Care Facilities12.125 “BAPZ” Brownsville Airport Zone12.130 Density Bonus Incentive Program01/14/10 Page 2 <strong>of</strong> 230
CHAPTER 12.01GENERAL PROVISIONSSections12.01.010 Adoption <strong>of</strong> Zoning Ordinance12.01.020 Purpose <strong>of</strong> Zoning Ordinance12.01.030 Components <strong>of</strong> <strong>the</strong> Zoning Ordinance12.01.040 Ambiguity12.01.050 Permitted Uses Only12.01.060 Lot Area12.01.070 Height Limits12.01.080 Use <strong>of</strong> Nonconforming Site12.01.090 Administration______________________________12.01.010 Adoption <strong>of</strong> Zoning Ordinance. There is hereby adopted a zoning ordinance for <strong>the</strong> <strong>County</strong> <strong>of</strong><strong>Yuba</strong>, State <strong>of</strong> California, said ordinance being a precise and detailed plan for <strong>the</strong> use <strong>of</strong> land <strong>of</strong> said<strong>County</strong>. (#906)12.01.020 Purpose <strong>of</strong> Zoning Ordinance. The <strong>Yuba</strong> <strong>County</strong> Zoning Ordinance is adopted to provide for<strong>the</strong> promotion and protection <strong>of</strong> <strong>the</strong> public health, safety, peace, morals, comfort, convenience, and generalwelfare; and,(a) To foster a workable relationship among land uses.(b) To ensure that public and private lands ultimately are used for purposes which are appropriate andmost beneficial for <strong>the</strong> <strong>County</strong>.(c) To prevent excessive population densities within one area.(d) To protect <strong>the</strong> character and <strong>the</strong> social and economic stability <strong>of</strong> agricultural, residential, commercial,industrial, recreational, and o<strong>the</strong>r areas within <strong>the</strong> <strong>County</strong>, and(e) To implement <strong>the</strong> goals, policies and map <strong>of</strong> <strong>the</strong> General Plan. (#906)12.01.030 Components <strong>of</strong> <strong>the</strong> Zoning Ordinance. The zoning ordinance shall consist <strong>of</strong> a zoning mapand various districts within <strong>the</strong> unincorporated areas <strong>of</strong> <strong>the</strong> <strong>County</strong> and it will regulate land uses, restrictpopulation densities, specify uses and locations <strong>of</strong> structures, determine areas and dimensions <strong>of</strong> sites,provide for <strong>of</strong>f-street parking and loading facilities, and o<strong>the</strong>r standards. (#906)12.01.040. Ambiguity. If ambiguity arises concerning <strong>the</strong> appropriate classification <strong>of</strong> a particular usewithin <strong>the</strong> meaning and intent <strong>of</strong> this Ordinance, or if ambiguity exists with respect to matters <strong>of</strong> height,yard requirements, area requirements or zone boundaries, as set forth herein and as <strong>the</strong>y pertain tounforeseen circumstances, it shall be <strong>the</strong> duty <strong>of</strong> <strong>the</strong> Planning Commission to ascertain all pertinent factsand by formal resolution set forth its findings and its interpretation, and such resolution shall be forwardedto <strong>the</strong> Board <strong>of</strong> Supervisors, and, unless altered by <strong>the</strong> Board <strong>of</strong> Supervisors, <strong>the</strong>reafter such interpretationshall govern. (#906)01/14/10 Page 3 <strong>of</strong> 230
12.01.050 Permitted Uses Only. No structure or part <strong>the</strong>re<strong>of</strong> shall be erected, altered, or enlarged norshall any site or structure be used, designated or intended for use o<strong>the</strong>r than <strong>the</strong> uses hereinafter listed aspermitted or conditional in <strong>the</strong> zone in which such structure, land or premises is located. Such use shall notbe caused or allowed by <strong>the</strong> property owner or by any person or persons utilizing <strong>the</strong> property with orwithout <strong>the</strong> permission <strong>of</strong> <strong>the</strong> property owner. (#906 as amended by #971)12.01.060 Lot Area. No subdivision or parcel map shall be approved unless each parcel resulting <strong>the</strong>refrom meets <strong>the</strong> minimum lot area established for <strong>the</strong> zone, except that parcels created by parcel map may beestablished below <strong>the</strong> minimum lot area where <strong>the</strong> Community Development and Services Agency’sPlanning Department finds that <strong>the</strong>y meet <strong>the</strong> basic intent <strong>of</strong> <strong>the</strong> zone. In no case shall said lot areaexceptions grant a special privilege nor exceed 5% <strong>of</strong> <strong>the</strong> minimum lot area required in <strong>the</strong> zone. (#906 asamended by #1130, #1405)12.01.070 Height Limits. No structure shall be erected, reconstructed or structurally altered to exceed <strong>the</strong>height limit herein established for <strong>the</strong> zone in which such building is located. (#906)12.01.080 Use <strong>of</strong> Nonconforming Site. Except as o<strong>the</strong>rwise provided in this Chapter, a lot having an area,frontage, width or depth less than <strong>the</strong> minimum prescribed for <strong>the</strong> zone in which <strong>the</strong> lot is located, asdepicted on a duly approved and recorded subdivision map or any legal lot as defined by Government Code§66412 prior to <strong>the</strong> adoption <strong>of</strong> this Chapter, may be used for any permitted use, but shall be subject to allo<strong>the</strong>r standards for <strong>the</strong> "zone" in which <strong>the</strong> lot is located. (#906)12.01.090 Administration. All departments, <strong>of</strong>ficials, or public employees vested with <strong>the</strong> duty orauthority to issue permits or licenses shall conform to <strong>the</strong> provisions <strong>of</strong> this Ordinance. Any such permit orlicense which is issued in conflict with <strong>the</strong> provision <strong>of</strong> this Ordinance shall be null and void. (#906)01/14/10 Page 4 <strong>of</strong> 230
CHAPTER 12.05DEFINITIONSSections12.05.010 General12.05.020 Definitions12.05.010 General. For <strong>the</strong> purposes <strong>of</strong> this Ordinance, certain terms or words used herein shall beinterpreted as follows, unless <strong>the</strong> context clearly shows ano<strong>the</strong>r meaning is intended.a. The word person includes a firm, association, organization, partnership, trust, company, orcorporation as well as an individual.b. The present tense includes <strong>the</strong> future tense, <strong>the</strong> singular number includes <strong>the</strong> plural, and <strong>the</strong> pluralnumber includes <strong>the</strong> singular.c. The word shall is mandatory, <strong>the</strong> word may is permissive.d. The words used or occupied include <strong>the</strong> words intended, designed, or arranged to be used oroccupied.e. The word lot includes <strong>the</strong> words plot, site, or parcel.f. The masculine includes <strong>the</strong> feminine. (#906 as amended by #1422)12.05.020 Definitions. All terms used in this Ordinance shall have <strong>the</strong> following definitions unless acontrary meaning is clearly shown:1. ACCESSORY BUILDING shall mean a building, part <strong>of</strong> a building, or structure which isdetached from <strong>the</strong> main building and <strong>the</strong> use <strong>of</strong> which is incidental to that <strong>of</strong> <strong>the</strong> main building oruse on <strong>the</strong> same lot.2. ACCESSORY USE shall mean a use incidental, related, appropriate, and clearly subordinate to <strong>the</strong>main use <strong>of</strong> <strong>the</strong> lot or building, which accessory use does not alter <strong>the</strong> principal use <strong>of</strong> <strong>the</strong> subjectlot or affect o<strong>the</strong>r properties in <strong>the</strong> zone.3. AIRPORT shall mean any area which is used or is intended to be used for <strong>the</strong> take<strong>of</strong>f and landing<strong>of</strong> aircraft, including helicopters, and any appurtenant areas which are used or intended to be usedfor airport building or facilities, including open spaces, taxiways and tie-down areas, hangars, ando<strong>the</strong>r necessary buildings and open spaces.4. ALLEY shall mean any public thoroughfare, having a width <strong>of</strong> not more than 30 feet, whichaffords only a secondary means <strong>of</strong> access to abutting property.5. ANIMAL HOSPITAL shall mean a place where animals or pet receive medical or surgicaltreatment. Use as a kennel shall be limited to short time boarding and shall be only incidental tosuch hospital care.6. APARTMENT shall mean any building, or portion <strong>the</strong>re<strong>of</strong>, which is designed and built as <strong>the</strong>residence <strong>of</strong> three or more families living independently <strong>of</strong> each o<strong>the</strong>r and containing kitchen01/14/10 Page 5 <strong>of</strong> 230
facilities in each dwelling unit.7. AQUICULTURE means <strong>the</strong> cultivation <strong>of</strong> natural products or water.8. AREA OF LOT shall mean <strong>the</strong> total horizontal area included within ownership lines, butexcluding any area contained within a dedicated street right-<strong>of</strong>-way, or area <strong>of</strong>fered for dedicationfor parcels <strong>of</strong> less than 1.9 acres; and including such area for parcels <strong>of</strong> 1.9 acres or greater.9. AUTOMOBILE DISMANTLING shall mean <strong>the</strong> taking apart, stripping, or wrecking <strong>of</strong> motorvehicles or trailers for scrap or for used parts to be sold ei<strong>the</strong>r at retail or wholesale or to be usedas replacements in o<strong>the</strong>r motor vehicles or trailers not limited to <strong>the</strong> same kind <strong>of</strong> vehicle or trailerfrom which <strong>the</strong> parts were obtained.10. AUTOMOBILE REPAIR shall mean general repair, rebuilding, recondition <strong>of</strong> engines, motorvehicles or trailers; collision service, including body, frame, or fender repair; overall painting.11. AUTOMOBILE SERVICE STATIONS shall mean a lot or portion <strong>of</strong> a lot used for <strong>the</strong> servicing<strong>of</strong> motor vehicles, sale <strong>of</strong> fuel and lubricants, car washing and polishing, engine repair orrebuilding, and sale and service <strong>of</strong> tires and accessories. It shall not include tire recapping, batteryrebuilding, painting and body repair, or <strong>the</strong> storage or repair <strong>of</strong> any wrecked or dismantledvehicle, or parts <strong>the</strong>re<strong>of</strong>.12. AUTOMOBILE WRECKING YARD shall mean a site or portion <strong>of</strong> a site on which <strong>the</strong>dismantling or wrecking <strong>of</strong> used vehicles, whe<strong>the</strong>r self-propelled or not, or <strong>the</strong> storage, or sale <strong>of</strong>dismantled or wrecked vehicles or <strong>the</strong>ir parts is conducted. The presence on a site <strong>of</strong> two or moremotor vehicles which have not been capable <strong>of</strong> operating under <strong>the</strong>ir own power for 30 days ormore, or in <strong>the</strong> case <strong>of</strong> vehicles not self-propelled, which have not been towable or from whichparts have been removed for re-use or sale, shall constitute prima facie evidence <strong>of</strong> an automobilewrecking yard.13. BOARDING OR ROOMING HOUSE shall mean a building containing a single dwelling unitoccupied by not more than six (6) unrelated persons not including members <strong>of</strong> <strong>the</strong> principaloccupant’s immediate family, where loading is provided with or without meals for compensation.Nursing homes and rest homes are not included.14. BUILDING shall mean a permanently located structure having a ro<strong>of</strong> supported by columns orwalls, used or intended to be used for <strong>the</strong> shelter or enclosure <strong>of</strong> persons, animals, or property.15. BUILDING COVERAGE shall mean <strong>the</strong> total area expressed as a percentage <strong>of</strong> a lot occupied bya building or buildings.16. BUILDING, ENCLOSED, shall mean a building whose occupants, animals or property cannot bevisually exposed to any person ff <strong>the</strong> premises except by <strong>the</strong> customary use <strong>of</strong> doors, windows, orbalconies.17. BUILDING HEIGHT shall mean <strong>the</strong> vertical distance measured from <strong>the</strong> average level <strong>of</strong> <strong>the</strong>highest and lowest point <strong>of</strong> that portion <strong>of</strong> <strong>the</strong> lot covered by <strong>the</strong> building to a point midwaybetween <strong>the</strong> highest and lowest point on <strong>the</strong> ro<strong>of</strong> provided that <strong>the</strong> chimneys, spires, towers, tanksand similar projections shall not be included in <strong>the</strong> height.18. BUILDING, MAIN, shall mean a building or buildings within which is conducted <strong>the</strong> principal01/14/10 Page 6 <strong>of</strong> 230
use permitted on <strong>the</strong> lot, as provided by this Ordinance.19. BUILDING SITE, shall mean a recorded lot or parcel <strong>of</strong> land occupied or to be occupied by amain building and its accessory buildings, or by dwelling group and its accessory buildings,toge<strong>the</strong>r with such open spaces as are required by this Ordinance. A building site shall notincluded easements or roadways for ingress or egress to any parcels <strong>of</strong> land.20. CAMPGROUND shall mean land or premises which are used or intended to be used foroccupancy by campers, including camping by tent, recreational vehicle, for seasonal hunting,fishing, recreational, or vacation purposes.21. CARETAKER shall be an individual or family who maintains a separate, removable residence ona property for <strong>the</strong> express purpose <strong>of</strong> overseeing and/or maintaining <strong>the</strong> property and itsimprovements in <strong>the</strong> owner’s absence, or who attends to <strong>the</strong> needs <strong>of</strong> a child or dependent adult.22. CARPORT shall mean a permanent ro<strong>of</strong>ed structure not less than ten (10) feet by twenty (20) feetopen on two or more sides for <strong>the</strong> storage <strong>of</strong> automobiles.23. CHURCH shall mean a nonpr<strong>of</strong>it organization, as determined by <strong>the</strong> Internal Revenue Service,which uses buildings for <strong>the</strong> teaching or practice <strong>of</strong> religious doctrine and worship.24. CLINIC, DENTAL, OR MEDICAL, shall mean a building in which a group <strong>of</strong> physicians and/ordentists and allied pr<strong>of</strong>essional assistants are associated for <strong>the</strong> purposes <strong>of</strong> carrying on <strong>the</strong>irpr<strong>of</strong>essions. The clinic may include a dental or medical laboratory but it shall not include (a) inpatientcare or operating rooms for major surgery, and (b) <strong>of</strong>fices for veterinarians.25. CLOTHES CLEANING AND DYEING PLANT shall mean a plant wherein clothing and o<strong>the</strong>rfabrics are cleaned and dyed and where volatile materials are used in <strong>the</strong> process. Said use is heredefined as industrial.26. CLOTHES CLEANING ESTABLISHMENT shall mean a commercial use wherein clo<strong>the</strong>scleaning is incidental to a laundry pickup establishment, launderette, or a coin operated drycleaning service, and where nonvolatile materials are used in <strong>the</strong> process.27. CLUB shall mean an association <strong>of</strong> persons (whe<strong>the</strong>r or not incorporated) for a common purpose,but not including groups organized solely or primarily to render a service carried on as a businessfor pr<strong>of</strong>it.28. CLUSTER DEVELOPMENT shall mean three or more attached buildings located on a parcel <strong>of</strong>land and having common open space areas.29. COIN OPERATED CLEANING SERVICE shall mean a business premises equipped withindividual clo<strong>the</strong>s washing and drying machines ei<strong>the</strong>r coin operated or attendant operated for <strong>the</strong>use <strong>of</strong> retail customers, exclusive <strong>of</strong> laundry facilities provided as an accessory use in anapartment complex.30. COMMERCIAL AGRICULTURE where used to define an agricultural operation (e.g.commercial hog farm) this term shall mean animals or products raised for sale, ei<strong>the</strong>r retail orwholesale, at a scale greater than normally expected for home use.31. COMMUNICATIONS EQUIPMENT BUILDING shall mean a Building housing electrical an01/14/10 Page 7 <strong>of</strong> 230
mechanical equipment necessary for <strong>the</strong> conduct <strong>of</strong> a public communications business with orwithout personnel.32. CONTRACTOR’S YARD shall mean any land and/or buildings used primarily for <strong>the</strong> storage <strong>of</strong>equipment, vehicles, machinery, new or used building materials, paints, pipe, or electricalcomponents solely used by <strong>the</strong> owner or occupant <strong>of</strong> <strong>the</strong> premises in <strong>the</strong> conduct <strong>of</strong> any buildingtrades.33. CORE AREA, where designated elsewhere in this document, shall describe all parcels within amapped area which are to be assigned distinct development standards from surrounding areas.34. DELETED.35. DELETED.36. DOMESTIC ANIMALS shall mean animals normally maintained in a home as pets.37. DUMP shall mean a place used for <strong>the</strong> disposal, abandonment, or discarding by burial, incineration,or by any o<strong>the</strong>r means, or any garbage, sewage, trash, refuse, rubble, or waste materials.38. DWELLING shall mean a building or potion <strong>the</strong>re<strong>of</strong> designed for or occupied exclusively forresidential purposes, including one-family, two-family, and multi-family dwelling but notincluding hotels, motels, trailers, tents, converted transit vehicles, boarding or lodging houses, orany type <strong>of</strong> temporary structures.39. DWELLING, GUEST, shall mean an accessory structure which consists <strong>of</strong> detached livingquarters <strong>of</strong> a permanent type <strong>of</strong> construction, which may include a bathroom and o<strong>the</strong>r livingspace, but not kitchen facilities, and which is not leased, subleased, rented, or sub-rentedseparately from <strong>the</strong> main dwelling.40. DWELLING, MOBILE HOME, shall mean a structure transportable in one or more sections,designed and equipped to contain not more than two dwelling units to be used with or without afoundation system. Mobile home does not include a recreational vehicle, commercial coach, orfactory-built housing, as defined in <strong>the</strong> Health and Safety Code.41. DWELLING, MULTIPLE, shall mean a building containing two or more dwelling units on onelot to be occupied by two or more families living independently <strong>of</strong> each o<strong>the</strong>r.42. DWELLING, SINGLE FAMILY, shall mean a building designed and used exclusively forresidence purposes by one family on a single lot and no portion <strong>of</strong> which is to be rentedseparately.43. DWELLING UNIT shall mean one or more habitable rooms with cooking facilities designed foroccupancy by one family for living and sleeping purposes.44. EDUCATIONAL INSTITUTIONS shall mean public and o<strong>the</strong>r nonpr<strong>of</strong>it institutions conductingfull time academic instruction at kindergarten, elementary, secondary, and collegiate levels andincluding graduate schools, universities, non-pr<strong>of</strong>it research institutions and religious institutions.Such institutions must ei<strong>the</strong>r (1) <strong>of</strong>fer general academic instruction equivalent to <strong>the</strong> standardsprescribed by <strong>the</strong> State Board <strong>of</strong> Education, or (2) convert degrees as a college or university <strong>of</strong>undergraduate or graduate standing, or (3) conduct research or (4) give religious instruction. This01/14/10 Page 8 <strong>of</strong> 230
definition does not include commercial or trade schools.45. FAMILY is an individual or two (2) or more persons related by blood, marriage, or adoption, or agroup <strong>of</strong> not more than five (5) persons (excluding servants) who need not be related by blood,marriage, or adoption, living toge<strong>the</strong>r in a dwelling unit.46. FEED YARD shall mean corrals or holding areas for <strong>the</strong> primary purpose <strong>of</strong> holding or feedinganimals for slaughtering, shipping, or resale and not incidental to a farm or ranch.47. FENCES, HEDGES, AND WALLS, HEIGHT OF, shall mean <strong>the</strong> vertical distance from <strong>the</strong>ground level <strong>of</strong> public property closest to <strong>the</strong> property line on which <strong>the</strong> fence is to be built to <strong>the</strong>highest pint on <strong>the</strong> fence. Where a property line separates property having unequal ground levels,<strong>the</strong> lower shall be used to measure <strong>the</strong> vertical distance <strong>of</strong> <strong>the</strong> fence, wall, or hedge.48. FLOOR AREA shall mean <strong>the</strong> total horizontal area <strong>of</strong> all <strong>the</strong> floors <strong>of</strong> a building included withinsurrounding walls, exclusive <strong>of</strong> basement storage space and areas within a building used for <strong>the</strong>parking <strong>of</strong> vehicles.49. FRONTAGE-PRIMARY shall mean that portion <strong>of</strong> a parcel which is adjacent to <strong>the</strong> public right<strong>of</strong> way. For a corner lot, <strong>the</strong> frontage with <strong>the</strong> smallest dimension shall be considered as <strong>the</strong>primary frontage per parcel.50. FRONTAGE-SECONDARY on a corner lot shall mean that portion <strong>of</strong> a parcel which is adjacentto a public right <strong>of</strong> way which is not <strong>the</strong> primary frontage.51. GARAGE, PRIVATE, shall mean detached accessory building or a portion <strong>of</strong> a main building on<strong>the</strong> same lot for <strong>the</strong> parking or temporary storage <strong>of</strong> vehicles <strong>of</strong> <strong>the</strong> occupants <strong>of</strong> <strong>the</strong> premises.52. GARAGE, PUBLIC, shall mean any o<strong>the</strong>r than a private garage.53. HEALTH CLUBS, FITNESS CENTERS, GYMS, AND ATHLETIC CLUBS means primarilyindoor establishments providing physical fitness services and/or athletic facilities, for a fee oradmissions charge, such as exercise and weight training equipment or classes, indoor sauna, spa orhot tub facilities; tennis, handball, racquetball, or basketball courts or similar services.54. HOME OCCUPATION shall mean any use as regulated in §12.95.000 which is customarilyconducted entirely within a dwelling and carried on by <strong>the</strong> inhabitants <strong>the</strong>re<strong>of</strong>, which use isclearly incidental and secondary to <strong>the</strong> use <strong>of</strong> <strong>the</strong> structure for dwelling purposes and which usedoes not change <strong>the</strong> character <strong>the</strong>re<strong>of</strong> or does not adversely affect <strong>the</strong> uses permitted in <strong>the</strong> zone <strong>of</strong>which it is a part.55. HOSPITAL shall mean any building or portion <strong>the</strong>re<strong>of</strong> used for <strong>the</strong> accommodation and medicalcare <strong>of</strong> sick, injured, or infirm persons and including sanitariums, alcoholic sanitariums,institutions for <strong>the</strong> care <strong>of</strong> chronic drug addicts and mental patients.56. HOTEL shall mean a building or group <strong>of</strong> buildings containing individual living units for <strong>the</strong>accommodation <strong>of</strong> transient occupants.57. INDUSTRY shall mean <strong>the</strong> production, processing or servicing <strong>of</strong> goods by hand or by machinery.58. INOPERABLE MOTOR VEHICLE shall mean any motor vehicle that is incapable <strong>of</strong> being01/14/10 Page 9 <strong>of</strong> 230
transported by its own motive power.59. JUNK YARD shall mean any lot or portion <strong>the</strong>re<strong>of</strong> where waste, discarded materials are bought,sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including housewrecking yards, portions <strong>of</strong> properties used primarily for o<strong>the</strong>r purposes, where any use describedabove takes place, or places <strong>of</strong> establishments engaged in assembling, breaking up, sorting andwholesale or retail distribution <strong>of</strong> scraps <strong>of</strong> waste materials. This includes auto wreckers engagedin dismantling automobiles for scrap or for sale <strong>of</strong> parts or both.60. KENNELS shall mean both commercial and hobby uses as follows:a. KENNELS, COMMERCIAL, shall mean any use which involves <strong>the</strong> keeping <strong>of</strong> five ormore dogs, four months <strong>of</strong> age or older, or five or more cats, four months <strong>of</strong> age or older,for commercial breeding, boarding, training or o<strong>the</strong>r commercial purposes. Dogs used inherding farm animals incidental to agricultural uses are excluded.b. KENNELS, HOBBY, shall mean <strong>the</strong> keeping <strong>of</strong> seven or more dogs, four months <strong>of</strong> ageor older kept for hobby <strong>of</strong> a household, including breeding no more than two litters <strong>of</strong>puppies per year, for hunting or practice tracking, for exhibit in dog shows, for field orobedience trials.62. KITCHEN FACILITIES shall mean any area <strong>of</strong> a building intended for or designed to be usedor maintained for <strong>the</strong> cooking and/or preparation <strong>of</strong> food that includes one or more <strong>of</strong> <strong>the</strong>following: stove or cooktop; sink with drainage piping larger than 1-1/2 inches; 220 volt electricalreceptacle.63. LABORATORY shall mean a building or part <strong>of</strong> a building devoted to <strong>the</strong> testing and analysis <strong>of</strong>any product or animal, including humans. No manufacturing shall be permitted except forexperimental or testing purpose.64. LABORATORY, MEDICAL OR DENTAL, shall mean a laboratory which providesbacteriological, biological, medical, X-ray, pathological and similar analytical or diagnosticservices to doctors or dentists. No fabricating shall be permitted except <strong>the</strong> custom fabrication <strong>of</strong>dentures.65. LABOR CAMP, PERMANENT, shall mean any housing or living accommodations, o<strong>the</strong>r thana temporary labor camp, maintained in connection with any work or place where work is beingperformed, provided for <strong>the</strong> housing <strong>of</strong> ten (10) or more employees.66. LABOR CAMP, TEMPORARY, shall mean any housing or living accommodations maintainedin connection with any work or place where work is being performed, provided for <strong>the</strong> housing <strong>of</strong>ten (10) or more employees if occupied or used for a period not to exceed one hundred and twenty(120) days in any one calendar year.67. LANDSCAPING shall mean planting, including trees, shrubs, lawn areas, ground covers,suitably designed, selected, installed and maintained so as to be permanently attractive.Decorative screens, fences, ornamental post lamps, decorative rock or o<strong>the</strong>r paved surfaces areconsidered elements <strong>of</strong> landscape development.68. LOADING SPACE shall mean an <strong>of</strong>f-street space or berth on <strong>the</strong> same lot with a main building,or contiguous to a group <strong>of</strong> buildings, for <strong>the</strong> temporary parking or commercial vehicles while01/14/10 Page 10 <strong>of</strong> 230
loading or unloading, and which has access from a street, alley, or o<strong>the</strong>r permanent means <strong>of</strong>ingress and egress.69. LODGE shall mean an association <strong>of</strong> persons, whe<strong>the</strong>r incorporated or unincorporated, for somecommon purpose, but not including groups organized to render service carried on as a business.70. LOT shall mean:a. A parcel <strong>of</strong> real property shown as a delineated parcel <strong>of</strong> land with a number or o<strong>the</strong>rdesignation on <strong>the</strong> final or parcel map recorded in <strong>the</strong> <strong>of</strong>fice <strong>of</strong> <strong>the</strong> <strong>County</strong> Recorder; orb. A parcel <strong>of</strong> land, <strong>the</strong> dimensions or boundaries <strong>of</strong> which are defined by a Record <strong>of</strong> Surveymap recorded in <strong>the</strong> <strong>of</strong>fice <strong>of</strong> <strong>the</strong> <strong>County</strong> Recorder in accordance with <strong>the</strong> law regulating<strong>the</strong> subdivision or land; orc. A parcel <strong>of</strong> real property not delineated as in (a) or (b) above, but created in accordancewith 66412.6.70. LOT, CORNER, shall mean a lot located at <strong>the</strong> intersection <strong>of</strong> interception <strong>of</strong> two (2) or morestreets at an angle <strong>of</strong> not more than one hundred thirty-five (135) degrees. If <strong>the</strong> angle is greaterthan one hundred thirty-five (135) degrees, <strong>the</strong> lot shall be considered an "Interior lot".71. LOT COVERAGE shall mean <strong>the</strong> lot area occupied by all buildings, including accessorybuildings and structures.72. LOT, CUL-DE-SAC, shall mean a lot fronting on, or with more than one-half (1/2) <strong>of</strong> its lotfrontage on, <strong>the</strong> turnaround end <strong>of</strong> a cul-de-sac street.73. LOT DEPTH shall mean <strong>the</strong> average distance between <strong>the</strong> front and <strong>the</strong> rear lot lines or between<strong>the</strong> front lot line and <strong>the</strong> intersection <strong>of</strong> <strong>the</strong> two sidelines if <strong>the</strong>re should be no rear lot line.74. LOT, INTERIOR, shall mean a lot o<strong>the</strong>r than a corner or reversed corner lot with only onefrontage on a street.75. LOT, KEY, shall mean <strong>the</strong> first lot to <strong>the</strong> rear <strong>of</strong> a reversed corner lot whe<strong>the</strong>r or not separated byan alley.76. LOT LINE, FRONT, shall mean any lot line o<strong>the</strong>r than a front or rear lot line. A side lot lineseparating a corner lot from a street is called <strong>the</strong> Street Lot Line. A lot line separating a corner lotfrom an adjacent lot is called <strong>the</strong> Interior Lot Line.77. LOT LINE, REAR, shall mean <strong>the</strong> line which is opposite and most distant from <strong>the</strong> front lot line.For <strong>the</strong> purpose <strong>of</strong> establishing <strong>the</strong> rear line <strong>of</strong> a triangular or trapezoidal lot, or <strong>of</strong> a lot <strong>the</strong> rearline <strong>of</strong> which is formed by two or more lines, <strong>the</strong> following shall apply:a. For a triangular, gore shaped, or irregular shaped lot, a line ten feet in length within <strong>the</strong> lotand far<strong>the</strong>st removed from <strong>the</strong> front lot line and at right angles to <strong>the</strong> lot depth line shall beused as <strong>the</strong> rear lot line, orb. In <strong>the</strong> cases <strong>of</strong> a trapezoidal or quadrilateral lot, <strong>the</strong> rear lot line shall be deemed to be <strong>the</strong>line which is opposite and most distant from <strong>the</strong> front lot line, providing <strong>the</strong> line is a01/14/10 Page 11 <strong>of</strong> 230
minimum length, <strong>the</strong> rear line shall be a line ten feet in length drawn parallel to but far<strong>the</strong>stremoved from <strong>the</strong> front lot line, orc. In <strong>the</strong> case <strong>of</strong> a pentagonal lot, <strong>the</strong> rear boundary <strong>of</strong> which includes an angle formed by twolines such angle shall be employed for determining <strong>the</strong> rear lot line in <strong>the</strong> same manner asprescribed for triangular lots.78. LOT LINE, SIDE, shall mean any lot line o<strong>the</strong>r than a front or rear lot line. A side lot lineseparating a lot from a street is called a side street lot line. A side lot line separating a lot fromano<strong>the</strong>r lot or lots is called an interior side lot line.79. LOT OF RECORD shall mean a lot that is designated upon a map showing <strong>the</strong> lot, block andtract as indicated on a final map, as such map is filed in <strong>the</strong> <strong>County</strong> Recorder's Office, or as a lotshown on a recorded parcel map.80. LOT, REVERSED CORNER, shall mean a corner lot, <strong>the</strong> side line <strong>of</strong> which is substantially acontinuation <strong>of</strong> <strong>the</strong> front lot lines <strong>of</strong> <strong>the</strong> lots to its rear, whe<strong>the</strong>r across an alley or not.81. LOT, THROUGH, shall mean a lot having frontage on two dedicated parallel or approximatelyparallel streets.82. LOT WIDTH shall mean <strong>the</strong> average horizontal distance between <strong>the</strong> side lot lines, measured atright angles to <strong>the</strong> lot depth at a point midway between <strong>the</strong> front and rear lot lines. In <strong>the</strong> case <strong>of</strong>triangular lots, or lots that are bound by more than four straight lines, or that have curvilinear sidelines, <strong>the</strong> Planning and Building Services Director shall determine lot width.83. MEDICAL OFFICE shall mean a building or group <strong>of</strong> buildings wherein clinical outpatienttreatment and/or related services are provided by medical doctors, dentists, chiropractors,<strong>the</strong>rapists and related pr<strong>of</strong>essions.84. MOBILEHOME PARK shall mean an area or tract <strong>of</strong> land where two (2) or more mobilehomesites are rented or leased or held out for rent or lease to accommodate mobilehomes used forhuman habitation.85. MUSEUM shall mean a nonpr<strong>of</strong>it, noncommercial establishment operated as a repository <strong>of</strong> acollection <strong>of</strong> objects <strong>of</strong> nature, scientific or literary curiosities or objects <strong>of</strong> interest or works <strong>of</strong>art.86. NONCONFORMING BUILDING shall mean a building or portion <strong>the</strong>re<strong>of</strong> lawfully existing at<strong>the</strong> time this Ordinance became effective and which was designed, erected or structurally alteredfor a use which does not comply with all <strong>the</strong> height and area regulations <strong>of</strong> <strong>the</strong> zone in which it islocated.87. NONCONFORMING LOT shall mean a parcel <strong>of</strong> land having less area, frontage, or dimensionsthan required in <strong>the</strong> zone in which it is located.88. NONCONFORMING USE shall mean a use which was lawfully established and maintained at<strong>the</strong> time this Ordinance became effective, but which does not conform to subsequently establishedzoning or zone regulations.89. NURSERY SCHOOL shall mean <strong>the</strong> supervisory care and educational development <strong>of</strong> pre-01/14/10 Page 12 <strong>of</strong> 230
elementary school-age children for pr<strong>of</strong>it or nonpr<strong>of</strong>it and licensed by <strong>the</strong> State <strong>of</strong> California.90. NURSERY, PLANT, shall mean a place where trees, shrubs or vines are propagated fortransplanting or for use as stock for granting.91. OFFICE shall mean a building, room, or department wherein a business or service is transacted,but not including <strong>the</strong> storage or sale <strong>of</strong> merchandise on <strong>the</strong> premises as a primary function.92. OPEN SPACE shall mean those areas suitable for common recreational use or which providevisual relief to developed areas, exclusive <strong>of</strong> areas devoted to parking, private use, and any o<strong>the</strong>rarea which does not significantly lend itself to <strong>the</strong> overall benefit <strong>of</strong> ei<strong>the</strong>r <strong>the</strong> particulardevelopment or surrounding environment. Open space may include areas in private lotownership, provided that such areas are not fenced. The boundaries <strong>of</strong> open space areas shall betreated as property lines in determining required rear and side yard setbacks.93. PARCEL OF LAND shall mean <strong>the</strong> same as "Lot".94. PARKING AREA, PRIVATE, shall mean an open area, located on <strong>the</strong> same lot with a dwellingor apartment for <strong>the</strong> parking <strong>of</strong> automobiles <strong>of</strong> <strong>the</strong> occupants <strong>of</strong> such buildings.95. PARKING AREA, PUBLIC, shall mean an open area o<strong>the</strong>r than a street, alley or place, used for<strong>the</strong> temporary parking <strong>of</strong> more than four (4) automobiles and available for public use whe<strong>the</strong>rfree, for compensation or as an accommodation for clients or customers.96. PARKING SPACE/STALL shall mean a permanently surfaced area, exclusive <strong>of</strong> driveways,ramps, columns, for <strong>the</strong> parking <strong>of</strong> one automobile not less than 9'x 18'for medium and largeautomobiles, and 8'x 16'for subcompact and compact automobiles.97. PREMISES shall mean a lot including all buildings or structures.98. PRESCHOOL shall mean <strong>the</strong> same as "Nursery School."99. PROFESSIONAL OFFICES shall mean buildings, structures or establishments for <strong>the</strong> purpose<strong>of</strong> establishing and maintaining <strong>of</strong>fices for attorneys, registered engineers or architects, licensedsurveyors, accountants or realtors, but not including barbers, beauticians, cosmetologist or o<strong>the</strong>rservice establishments.100. PROPERTY LINE shall mean <strong>the</strong> same as "Lot Line".101. PUBLIC USE shall mean a use operated exclusively by a public body, to serve <strong>the</strong> public health,safety, or general welfare, including uses such as parks, playgrounds, and administrative andservice facilities.102. PUBLIC UTILITY STRUCTURES shall mean electrical distribution and transmissionsubstations, gas regulator and metering stations, communications equipment buildings, and publicservice pumping stations except water well and pump sites approved in connection with <strong>the</strong>approval <strong>of</strong> a tentative subdivision map.103. QUARRY, SAND PIT OR GRAVEL PIT, shall mean a lot or land or part <strong>the</strong>re<strong>of</strong> sued for <strong>the</strong>purpose <strong>of</strong> excavating sand, gravel, limestone, marble or o<strong>the</strong>r such nonmetallic materials butshall not include oil wells or shaft mine operations and shall be exclusive <strong>of</strong> a process <strong>of</strong> grading a01/14/10 Page 13 <strong>of</strong> 230
lot preparatory to <strong>the</strong> construction <strong>of</strong> a building for which application for building permit has beenmade.104. RECREATIONAL VEHICLE shall mean a travel trailer, pickup camper or motorized home,with or without motive power designed for human habitation for recreational or emergencyoccupancy.105. RECREATIONAL VEHICLE PARK shall mean an area designed to accommodate recreationalvehicles such as travel trailers, pickup campers, and motorized homes, but not including tents.106. RESIDENCE shall mean <strong>the</strong> same as dwelling.107. RESIDENTIAL CARE FACILITY shall mean a structure or a group <strong>of</strong> structures, operated as asingle unit, licensed by <strong>the</strong> state and providing care or supervision to unrelated individuals on a24-hour basis.108. RESIDENTIAL DENSITY shall mean <strong>the</strong> total number <strong>of</strong> dwelling units on one acre <strong>of</strong> land ina given area.109. REST HOMES shall mean <strong>the</strong> same as "Residential Care Facility".110. RESTAURANT is a comprehensive term meaning an eating house providing service to <strong>the</strong>general public as said term "restaurant" is more fully defined in <strong>the</strong> California Health and SafetyCode. Some types <strong>of</strong> establishments included within <strong>the</strong> term "restaurants" are cafes, cafeterias,c<strong>of</strong>fee houses, c<strong>of</strong>fee shops, dinner houses, drive-in or drive-through restaurants, fast food serviceestablishments, and sandwich shops.a. Cafeteria means where food primarily is prepared (not cooked to order) and served to <strong>the</strong>customer by direct visible selection, for consumption principally (but not necessarilyexclusively) upon <strong>the</strong> premises.b. C<strong>of</strong>fee Shop means where food generally cooked to order is served to <strong>the</strong> customer seatedat a table or counter for consumption principally (but not necessarily exclusively) upon <strong>the</strong>premises, <strong>the</strong> establishment being open for all three meals <strong>of</strong> <strong>the</strong> day, and sometimes on a24-hour basis.c. Dinner House means where meals are generally cooked to order and served to <strong>the</strong>customers seated at tables or counters for consumption on <strong>the</strong> premises, and <strong>the</strong>establishment is open for service <strong>of</strong> <strong>the</strong> dinner meal only, although it may also be open forservice <strong>of</strong> <strong>the</strong> midday meal.d. Drive-in or Drive-Through Restaurant means any building or structure where food anddrink are served for consumption ei<strong>the</strong>r on or <strong>of</strong>f <strong>the</strong> premises by order from and/or serviceto vehicular passengers outside <strong>the</strong> structure, including service from an outdoor window.e. Fast Food Service Establishment means where food not displaced for selection as in acafeteria, and which food may or may not be cooked to order or be pre-prepared is servedto <strong>the</strong> customer at a window or over a counter for consumption elsewhere on <strong>the</strong> premisesor away from <strong>the</strong> premises as <strong>the</strong> customer prefers.111. RETAIL STORE shall mean a business <strong>of</strong> selling goods, wares or merchandise directly to <strong>the</strong>01/14/10 Page 14 <strong>of</strong> 230
ultimate consumer.112. SANITARIUM shall mean a health station or retreat or o<strong>the</strong>r place where patients are housed andwhere medical or surgical treatment is given. This does not include mental institutions or placesfor <strong>the</strong> treatment <strong>of</strong> drug addicts.113. SCHOOL, TRADE, shall mean private schools <strong>of</strong>fering instruction in <strong>the</strong> technical, commercial,or trade skills, such as real estate schools, business colleges, beauticians and barber colleges,electronics schools, automotive and aircraft technicians schools, and similar commercialestablishments operated for a pr<strong>of</strong>it.114. SETBACK AREA shall mean an area back from and parallel to <strong>the</strong> property lot line or back edge<strong>of</strong> <strong>the</strong> street curb, whichever is less, on which no building, structure or portion <strong>the</strong>re<strong>of</strong> shall bepermitted, erected, constructed or placed except for <strong>the</strong> following areas:a. Overhangs, eaves and fireplaces not encroaching more than two (2) feet in <strong>the</strong> setbackareas provided that a minimum <strong>of</strong> six (6) feet is maintained between any adjacent buildingor structure or portion <strong>the</strong>re<strong>of</strong>.b. In-ground swimming pools.115. SIGN shall mean any structure, wall, natural object or o<strong>the</strong>r device used for visualcommunications which is visible from any public or private street or means <strong>of</strong> access and is usedto advertise or direct attention to an activity, product, place, person, organization, business orenterprise. For <strong>the</strong> purpose <strong>of</strong> this Chapter <strong>the</strong> word "sign" does not include <strong>the</strong> flag, pennant orinsignia <strong>of</strong> any nation, state, city or o<strong>the</strong>r political unit, or any <strong>of</strong>ficial notice issued by any courtor public body or <strong>of</strong>ficer or directional warning or information sign or structures required orauthorized by law.116. SITE PLAN shall mean a plan, prepared to scale, showing accurately and with completedimensioning, all <strong>the</strong> buildings, structures, and uses and <strong>the</strong> exact manner <strong>of</strong> developmentproposed for a specific parcel <strong>of</strong> land.117. STABLE, COMMERCIAL, shall mean a stable for horses, mules or ponies which are let, hired,used or boarded on a commercial basis and for compensation.118. STABLE, PRIVATE, shall mean a detached accessory building for <strong>the</strong> keeping <strong>of</strong> horses, mulesor ponies owned by <strong>the</strong> occupants <strong>of</strong> <strong>the</strong> premises and not kept for remuneration, hire or sale.119. STORE, DEPARTMENT, shall mean a store divided into separate departments carrying a greatvariety <strong>of</strong> goods, including major appliances and furniture.120. STORY shall mean that portion <strong>of</strong> a building included between <strong>the</strong> surface <strong>of</strong> any floor and <strong>the</strong>surface <strong>of</strong> <strong>the</strong> floor next above it, or if <strong>the</strong>re be no floor above it <strong>the</strong>n <strong>the</strong> space between such floorand <strong>the</strong> ceiling next above it.121. STREET shall mean a public thoroughfare or right-<strong>of</strong>-way dedicated, deeded or condemned foruse as such including those held by prescriptive right; or approved private thoroughfare or right<strong>of</strong>-way,o<strong>the</strong>r than an alley, which affords <strong>the</strong> principal means <strong>of</strong> access to abutting propertyincluding avenue, place, way drive, lane, boulevard, highway, road and any o<strong>the</strong>r thoroughfare,except as excluded in this Chapter. The word "street" shall include all major and secondary01/14/10 Page 15 <strong>of</strong> 230
highways, traffic collector streets, and local streets.122. STREET, SIDE, shall mean <strong>the</strong> street bounding a corner or reversed corner lot and whichextends in <strong>the</strong> same general direction as <strong>the</strong> line determining <strong>the</strong> depth <strong>of</strong> <strong>the</strong> lot.123. STREET LINE shall mean <strong>the</strong> boundary line between street right-<strong>of</strong>-way and abutting property.124. STREET CENTER LINE shall mean <strong>the</strong> center line <strong>of</strong> a street right-<strong>of</strong>-way as established by<strong>of</strong>ficial surveys or deeds.125. STRUCTURE shall mean anything constructed or erected with a fixed location on <strong>the</strong> ground, orattached to something having a fixed location on <strong>the</strong> ground. Among o<strong>the</strong>r things structuresinclude building, mobilehome, walls, fences, billboards, and poster panels.126. STRUCTURAL ALTERATION shall mean any change in or alteration to <strong>the</strong> structure <strong>of</strong> abuilding involving a bearing wall, column, beam or girder, floor or ceiling joists, ro<strong>of</strong> rafters, ro<strong>of</strong>diaphragms, foundations, piles, retaining walls, or similar components.127. TRAILER shall mean a vehicle, o<strong>the</strong>r than a motor vehicle which is designed or used for humanhabitation, and for travel or recreational purposes which may be moved upon a public highwaywithout a special permit or chauffeur's license or both, without violating any provision <strong>of</strong> <strong>the</strong>Vehicle Code.128. URBAN AREA shall mean all <strong>the</strong> territory served with sanitary sewers and piped water systemand shall include all <strong>the</strong> area within <strong>the</strong> Olivehurst Public Utility District and <strong>the</strong> Linda <strong>County</strong>Water District. It shall also include any o<strong>the</strong>r area capable <strong>of</strong> being serviced with sewer and waterservice and which has been designated an "Urban Area" by Resolution <strong>of</strong> <strong>the</strong> Board <strong>of</strong>Supervisors.129. USE shall mean <strong>the</strong> purpose for which land or a building is arranged, designed, or intended, or forwhich ei<strong>the</strong>r land or building is or may be occupied or maintained.130. VARIANCE shall mean a modification <strong>of</strong> <strong>the</strong> specific regulations <strong>of</strong> this Ordinance granted by<strong>the</strong> Board <strong>of</strong> Supervisors in accordance with <strong>the</strong> terms <strong>of</strong> this Ordinance for <strong>the</strong> purpose <strong>of</strong>assuming that no property, because <strong>of</strong> special circumstances applicable to it, shall be deprived <strong>of</strong>privileges that may be enjoyed by o<strong>the</strong>r properties in <strong>the</strong> same vicinity and zone.131. WALL shall mean a solid vertical barrier attached to or part <strong>of</strong> a building, or a solid fence.132. WAREHOUSING shall mean a building or buildings used for <strong>the</strong> storage <strong>of</strong> goods <strong>of</strong> any type,when such building or buildings contain more than five hundred (500) square feet <strong>of</strong> storage spaceand where no retail operation is conducted.133. WHOLESALING shall mean <strong>the</strong> selling <strong>of</strong> any type <strong>of</strong> goods for purposes <strong>of</strong> resale.134. YARD shall mean any area on <strong>the</strong> same lot with a building or dwelling group, which is occupiedand unobstructed except for <strong>the</strong> projections permitted by this Ordinance.135. YARD, FRONT, shall mean a yard extending across <strong>the</strong> front <strong>of</strong> <strong>the</strong> lot between <strong>the</strong> inner sideyard lines and measured from <strong>the</strong> front line <strong>of</strong> <strong>the</strong> lot to <strong>the</strong> nearest lines <strong>of</strong> <strong>the</strong> building; provided,that if any building line or <strong>of</strong>ficial plan line has been established for <strong>the</strong> street upon which <strong>the</strong> lot01/14/10 Page 16 <strong>of</strong> 230
faces, <strong>the</strong>n such measurement shall be taken from such building line or <strong>of</strong>ficial plan line to <strong>the</strong>nearest line <strong>of</strong> <strong>the</strong> building.136. YARD, REAR, shall mean a yard extending across <strong>the</strong> full width <strong>of</strong> <strong>the</strong> lot and measuredbetween <strong>the</strong> rear line <strong>of</strong> <strong>the</strong> lot and <strong>the</strong> nearest line <strong>of</strong> <strong>the</strong> building.137. YARD, SIDE, shall mean a yard between <strong>the</strong> side line <strong>of</strong> <strong>the</strong> lot and <strong>the</strong> nearest line <strong>of</strong> <strong>the</strong>building and extending from <strong>the</strong> front line <strong>of</strong> <strong>the</strong> lot to <strong>the</strong> rear yard.138. ZONE shall mean a portion <strong>of</strong> <strong>the</strong> territory <strong>of</strong> <strong>the</strong> <strong>County</strong>, exclusive <strong>of</strong> streets, alleys, and o<strong>the</strong>rpublic ways, within which certain uses <strong>of</strong> land, premises and buildings are permitted and withinwhich certain property development standards are required as set forth and specified in thisOrdinance.139. <strong>ZONING</strong> MAP shall mean <strong>the</strong> Official Zoning Map <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, which is a part <strong>of</strong> <strong>the</strong><strong>County</strong> Ordinance Code. (#906 as amended by #959, #971, #1029, #1055, #1077, #1097, #1130,#1403 and #1422)01/14/10 Page 17 <strong>of</strong> 230
CHAPTER 12.10ADMINISTRATION, AMENDMENT ANDENFORCEMENT SECTIONSSections12.10.010 Administration <strong>of</strong> <strong>the</strong> Ordinance12.10.020 Ordinance Amendment12.10.030 Planning Commission Hearing12.10.040 Action <strong>of</strong> <strong>the</strong> Planning Commission12.10.050 Board <strong>of</strong> Supervisors'Hearing12.10.100 Zoning District Amendment12.10.110 Application and Fee12.10.120 Procedure and Public Hearing12.10.130 Action <strong>of</strong> <strong>the</strong> Planning Commission12.10.140 Action by <strong>the</strong> Board <strong>of</strong> Supervisors12.10.150 Limitation on Filing Identical Application12.10.160 Appeal12.10.200 Conditional Use Permit12.10.210 Application and Fee12.10.220 Public Hearing12.10.230 Findings12.10.240 Appeal12.10.250 Limitation on Filing Identical Applications12.10.260 Expiration12.10.270 Revocation12.10.300 Variances12.10.310 Application and Fee12.10.320 Public Hearing12.10.330 Findings12.10.340 Appeal12.10.350 Limitation on Filing Identical Application12.10.400 Nonconforming Uses12.10.500 Violation12.10.600 Public Nuisance12.10.700 Zoning Administrator12.10.710 Public Hearing and Findings12.10.720 Appeal <strong>of</strong> Decision <strong>of</strong> Zoning Administrator12.10.730 Appeal <strong>of</strong> Decision <strong>of</strong> Planning Commission______________________________ARTICLE 1ADMINISTRATION12.10.010 Administration <strong>of</strong> <strong>the</strong> Ordinance. This Ordinance shall be administered by <strong>the</strong> PlanningDirector, who shall advise <strong>the</strong> public about its requirements. The responsibilities <strong>of</strong> <strong>the</strong> PlanningDirector under this Ordinance include <strong>the</strong> following functions, which may be carried out by PlanningDepartment employees under <strong>the</strong> supervision <strong>of</strong> <strong>the</strong> Director.01/14/10 Page 18 <strong>of</strong> 230
(a) Application Processing - Accept and review all applications for projects; certifying thatapplications submitted have been properly completed; establish permanent files; conduct site and projectanalysis; prepare public notices; meet with applicants; collect fees; prepare reports; process appeals;present staff reports to <strong>the</strong> Planning Commission and Board <strong>of</strong> Supervisors; and(b) Permit Issuance - Issue permits under this Ordinance and certify that all such permits are in fullconformance with its requirements; and(c) Coordination - Refer and coordinate matters related to <strong>the</strong> administration <strong>of</strong> <strong>the</strong> Ordinance witho<strong>the</strong>r agencies and <strong>County</strong> Departments; and(d) Enforcement - Enforce and secure compliance with <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Ordinance. (#906 asamended by #1130, #1405, #1422)ARTICLE 2AMENDMENT12.10.020 Ordinance Amendment. This Ordinance may be amended whenever <strong>the</strong> Board <strong>of</strong>Supervisors deems that <strong>the</strong> amendment will be in <strong>the</strong> best interest <strong>of</strong> <strong>the</strong> public. Amendments may beinitiated by:(a) The Board <strong>of</strong> Supervisors upon its own motion; or by:(b) The Planning Commission and/or <strong>the</strong> Planning Director. Amendments are to be processed as setforth in §§12.10.030 through 12.10.050. (#906 as amended by #1130, #1405, #1422)12.10.030 Planning Commission Hearing. The Planning Commission shall hold one (1) public hearingon any proposed amendment. Notice <strong>of</strong> <strong>the</strong> time and place <strong>of</strong> said hearing, including a generaldescription <strong>of</strong> <strong>the</strong> matter to be considered and <strong>the</strong> location <strong>of</strong> <strong>the</strong> site, shall be published in a newspaper<strong>of</strong> general circulation at least ten (10) calendar days prior to <strong>the</strong> date <strong>of</strong> such hearing. Said hearing maybe continued by <strong>the</strong> Planning Commission from time to time, provided that such hearing shall becompleted and a recommendation adopted within ninety (90) calendar days <strong>of</strong> <strong>the</strong> first noticed date <strong>of</strong>public hearing. (#906, #1422)12.10.040 Action <strong>of</strong> <strong>the</strong> Planning Commission. Following <strong>the</strong> public hearing, <strong>the</strong> PlanningCommission shall submit a written report including a summary <strong>of</strong> <strong>the</strong> hearing, findings andrecommendations to <strong>the</strong> Board <strong>of</strong> Supervisors within thirty (30) calendar days after <strong>the</strong> date <strong>of</strong> saidhearing. (#906, #1422)12.10.050 Board <strong>of</strong> Supervisors'Hearing. Upon receipt <strong>of</strong> <strong>the</strong> recommendations <strong>of</strong> <strong>the</strong> PlanningCommission, <strong>the</strong> Board <strong>of</strong> Supervisors shall hold a public hearing after giving notice in <strong>the</strong> mannerspecified in §12.10.030. The Board <strong>of</strong> Supervisors may approve, modify or disapprove <strong>the</strong>recommendations <strong>of</strong> <strong>the</strong> Planning Commission, provided that any modification <strong>of</strong> <strong>the</strong> amendment notpreviously considered by <strong>the</strong> Planning Commission during its hearing shall first be referred to <strong>the</strong>Planning Commission for report and recommendations, but <strong>the</strong> Planning Commission shall not berequired to hold a public hearing <strong>the</strong>reon. Planning Commission shall review <strong>the</strong> modification and shallreport its recommendations back to <strong>the</strong> Board <strong>of</strong> Supervisors not more than forty (40) calendar days after<strong>the</strong> referral by <strong>the</strong> Board. (#906, #1422)01/14/10 Page 19 <strong>of</strong> 230
ARTICLE 3<strong>ZONING</strong> DISTRICT AMENDMENT12.10.100 Zoning District Amendment. Boundaries <strong>of</strong> any zoning districts established by thisOrdinance may be amended whenever public necessity, convenience and general welfare requires thisaction to be taken. An amendment may be initiated by:(a) A verified application <strong>of</strong> one or more owners <strong>of</strong> property affected by <strong>the</strong> proposed amendment.(b) Resolution <strong>of</strong> intention by <strong>the</strong> Board <strong>of</strong> Supervisors.(c) Resolution <strong>of</strong> intention by <strong>the</strong> Planning Commission. (#906, #1422)12.10.110 Application and Fee. Application for zone change shall be submitted to <strong>the</strong> PlanningDepartment in writing on a form prescribed by <strong>the</strong> Planning Department. Said application shall beaccompanied by a fee set by resolution as adopted by <strong>the</strong> Board <strong>of</strong> Supervisors. (#906 as amended by#1130, #1405, #1422)12.10.120 Procedure and Public Hearing. Upon <strong>the</strong> filing <strong>of</strong> an application, or passage <strong>of</strong> a resolution<strong>of</strong> intention, <strong>the</strong> Planning Commission shall hold one (1) duly noticed public hearing on <strong>the</strong> proposal.Notice <strong>of</strong> a public hearing shall include <strong>the</strong> time and place <strong>of</strong> <strong>the</strong> hearing, a general description <strong>of</strong> <strong>the</strong>request, <strong>the</strong> location <strong>of</strong> <strong>the</strong> site, and any additional information which <strong>the</strong> Planning Director deemsappropriate. Such notice shall be given at least ten (10) calendar days before <strong>the</strong> hearing by first classmail to all persons whose names and addresses appear on <strong>the</strong> latest adopted Secured Assessment Roll <strong>of</strong><strong>the</strong> <strong>County</strong> as owning property within a radius <strong>of</strong> three hundred (300) feet from <strong>the</strong> exterior boundaries<strong>of</strong> <strong>the</strong> parcel which is <strong>the</strong> subject <strong>of</strong> <strong>the</strong> hearing. Such public hearing notice shall also be published in anewspaper <strong>of</strong> general circulation at least ten (10) calendar days prior to <strong>the</strong> date <strong>of</strong> such hearing. Saidhearing may be continued by <strong>the</strong> Planning Commission from time to time. (#906 as amended by #1130,#1405, #1422)12.10.130 Action <strong>of</strong> <strong>the</strong> Planning Commission. Following <strong>the</strong> public hearing, <strong>the</strong> PlanningCommission shall submit a written report including a summary <strong>of</strong> <strong>the</strong> hearing, findings andrecommendation to <strong>the</strong> Board <strong>of</strong> Supervisors within thirty (30) calendar days after <strong>the</strong> date <strong>of</strong> saidhearing. (#906, #1422)12.10.140 Action by <strong>the</strong> Board <strong>of</strong> Supervisors.(a) Upon receipt <strong>of</strong> <strong>the</strong> recommendations <strong>of</strong> <strong>the</strong> Planning Commission, <strong>the</strong> Board <strong>of</strong> Supervisors shallhold a public hearing after giving notice in <strong>the</strong> manner specified in §12.10.120; provided, however, that if<strong>the</strong> Planning Commission has recommended against <strong>the</strong> approval <strong>of</strong> such request, <strong>the</strong> Board <strong>of</strong>Supervisors shall take no fur<strong>the</strong>r action unless an appeal is filed with <strong>the</strong> Clerk <strong>of</strong> <strong>the</strong> Board <strong>of</strong>Supervisors within (10) calendar days after <strong>the</strong> decision <strong>of</strong> <strong>the</strong> Planning Commission.(b) Within ninety (90) calendar days from <strong>the</strong> date <strong>of</strong> <strong>the</strong> receipt <strong>of</strong> <strong>the</strong> Planning Commission's report,<strong>the</strong> Board <strong>of</strong> Supervisors may approve modify or disapprove <strong>the</strong> proposed request. If no action is takenwithin said ninety (90) calendar days, <strong>the</strong> application shall be void. Any modification shall be referredback to <strong>the</strong> Planning Commission for a report pursuant to §12.10.050. (#906, #1422)12.10.150 Limitation on Filing Identical Application. Upon final denial <strong>of</strong> any zone change01/14/10 Page 20 <strong>of</strong> 230
application, reapplication for <strong>the</strong> same request shall not be accepted for filing for a period <strong>of</strong> six (6)months commencing on <strong>the</strong> effective date <strong>of</strong> <strong>the</strong> final denial. (#906, #1422)12.10.160 Appeal. Any person not satisfied with <strong>the</strong> action <strong>of</strong> <strong>the</strong> Planning Commission may within ten(10) calendar days appeal in writing to <strong>the</strong> Board <strong>of</strong> Supervisors. A copy <strong>of</strong> such appeal shall besubmitted to <strong>the</strong> Planning Director. (#906 as amended by #1130, #1405, #1422)ARTICLE 4CONDITIONAL USE PERMIT12.10.200 Conditional Use Permit. A Conditional Use Permit shall be granted only if it is found that<strong>the</strong> establishment, maintenance, and operation <strong>of</strong> <strong>the</strong> use <strong>of</strong> building or land applied for will not, under<strong>the</strong> circumstances, <strong>of</strong> <strong>the</strong> particular case, be detrimental to <strong>the</strong> health, safety, peace, morals, and generalwelfare <strong>of</strong> persons residing or working in <strong>the</strong> neighborhood or to <strong>the</strong> general welfare <strong>of</strong> <strong>the</strong> <strong>County</strong>.(#906, #1422)12.10.210 Application and Fee. Application for a Conditional Use Permit shall be made to <strong>the</strong>Planning Department in writing on a form prescribed by <strong>the</strong> Planning Department. Said application shallbe accompanied by a fee set by resolution as adopted by <strong>the</strong> Board <strong>of</strong> Supervisors. (#906 as amended by#1130, #1405, #1422)12.10.220 Public Hearing. Public Hearing and notice shall be required for all permits in <strong>the</strong> mannerspecified in §12.10.120 <strong>of</strong> this Ordinance. (#906, #1422)12.10.230 Findings. The Commission in approving a Conditional Use Permit shall find as follows:(a) The proposed use at <strong>the</strong> particular location is necessary or desirable to provide a service or facilitywhich will contribute to <strong>the</strong> general well-being <strong>of</strong> <strong>the</strong> neighborhood.(b) Such use will not, under <strong>the</strong> circumstances <strong>of</strong> <strong>the</strong> particular case, be detrimental to <strong>the</strong> health,safety or general welfare <strong>of</strong> persons residing or working in <strong>the</strong> vicinity, or injurious to property orimprovements in <strong>the</strong> vicinity.(c) The site for <strong>the</strong> proposed use is adequate in size and shape to accommodate said use and all <strong>of</strong> <strong>the</strong>yards, setbacks, walls or fences, and o<strong>the</strong>r features required in order to adjust said use to those existing orpermitted future uses in <strong>the</strong> neighborhood.(d) The proposed use is consistent with <strong>the</strong> general plan and any adopted Area or Specific Plan. (#906,#1422)12.10.235 Standard Condition re Public Utility Notice and Approval. All Conditional UsePermits shall include <strong>the</strong> following standard condition:Developer shall be responsible for giving sixty (60) days notice to <strong>the</strong> appropriate public utilities,including but not limited to Pacific Gas and Electric Company, SBC, and Comcast or <strong>the</strong>ir successor’s ininterest prior to commencing any construction or development <strong>of</strong> any project authorized by <strong>the</strong>Conditional Use Permit. (#1270, #1405, #1422)12.10.240 Appeal. Appeal procedure shall be <strong>the</strong> same manner as specified in §12.10.160 <strong>of</strong> thisOrdinance. (#906, #1422)01/14/10 Page 21 <strong>of</strong> 230
12.10.250 Limitation on Filing Identical Applications. Upon final denial <strong>of</strong> any Conditional UsePermit, reapplication for <strong>the</strong> same request shall not be accepted for filing for a period <strong>of</strong> six (6) monthscommencing on <strong>the</strong> effective date <strong>of</strong> <strong>the</strong> final denial. (#906, #1422)12.10.260 Expiration. An approved Conditional Use Permit shall be considered null and void if notsubstantially initiated within 18 months <strong>of</strong> <strong>the</strong> date <strong>of</strong> final approval or such o<strong>the</strong>r time period as may beset by conditions <strong>of</strong> approval. Substantial initiation shall mean issuance <strong>of</strong> a building permit orconstruction <strong>of</strong> a specific project facility in conformance with <strong>the</strong> approved plans, or commencement <strong>of</strong><strong>the</strong> proposed used. The Planning Director may grant one extension, not to exceed 90 days, upon ashowing <strong>of</strong> good faith attempt to initiate <strong>the</strong> approved project. (#906 as amended by #1130, #1405,#1422)12.10.270 Revocation. Whenever in <strong>the</strong> opinion <strong>of</strong> <strong>the</strong> Planning Director where <strong>the</strong> conditions <strong>of</strong> anyConditional Use Permit issued have not been complied with, <strong>the</strong> Planning Director shall give <strong>the</strong> propertyowner and lessee <strong>of</strong> <strong>the</strong> subject property a notice providing not less than ten days to comply. If at <strong>the</strong> end<strong>of</strong> said period <strong>the</strong> property owner and lessee fails to comply with <strong>the</strong> conditions <strong>of</strong> approval <strong>of</strong> <strong>the</strong>permit, <strong>the</strong> Planning Director shall immediately set a hearing before <strong>the</strong> Planning Commission todetermine why <strong>the</strong> permit should not be revoked. Said hearing notice shall be mailed to <strong>the</strong> propertyowner and lessee <strong>of</strong> <strong>the</strong> subject property involved ten (10) calendar days prior to <strong>the</strong> hearing. Said noticeshall state <strong>the</strong> violations and shall request appearance <strong>of</strong> said owner and lessee at <strong>the</strong> time and placespecified for <strong>the</strong> hearing to show cause why <strong>the</strong> permit should not be revoked. At <strong>the</strong> conclusion <strong>of</strong> saidhearing, <strong>the</strong> Planning Commission shall have <strong>the</strong> right to revoke <strong>the</strong> permit. Such revocation shall besubject to <strong>the</strong> right <strong>of</strong> appeal in <strong>the</strong> same manner as set forth in §12.10.160 <strong>of</strong> <strong>the</strong> Ordinance. (#906 asamended by #1130, #1405, #1422)12.10.300 Variances.ARTICLE 5VARIANCES(a) Variances from <strong>the</strong> terms <strong>of</strong> <strong>the</strong> zoning ordinance shall be granted only when, because <strong>of</strong> specialcircumstances applicable to <strong>the</strong> property, including size, shape, topography, location or surroundings, <strong>the</strong>strict application <strong>of</strong> <strong>the</strong> zoning ordinance deprives such property <strong>of</strong> privileges enjoyed by o<strong>the</strong>r propertyin <strong>the</strong> vicinity and under identical zoning classification.(b) Any variance granted shall be subject to such conditions as will assure that <strong>the</strong> adjustment <strong>the</strong>rebyauthorized shall not constitute a grant <strong>of</strong> special privileges inconsistent with <strong>the</strong> limitations upon o<strong>the</strong>rproperties in <strong>the</strong> vicinity and zone in which such property is situated.(c) A variance shall not be granted for a parcel <strong>of</strong> property which authorizes a use or activity which isnot o<strong>the</strong>rwise expressly authorized by <strong>the</strong> zone regulation governing <strong>the</strong> parcel <strong>of</strong> property. Theprovisions <strong>of</strong> this section shall not apply to conditional use permits. (#906 as amended by #1077, #1422)12.10.310 Application and Fee. Application for a Variance shall be made to <strong>the</strong> Planning Departmentin writing on a form prescribed by <strong>the</strong> Planning Department. Said application shall be accompanied by afee set by resolution as adopted by <strong>the</strong> Board <strong>of</strong> Supervisors. (#906 as amended by #1130, #1405, #1422)12.10.320 Public Hearings. Public hearings and notice shall be required for an application for aVariance in <strong>the</strong> manner specified in §12.10.120 <strong>of</strong> this Ordinance. (#906, #1422)12.10.330 Findings. Approval or conditional approval shall be granted only when <strong>the</strong> Planning01/14/10 Page 22 <strong>of</strong> 230
Commission has made <strong>the</strong> following findings:(a) Because <strong>of</strong> special circumstances applicable to subject property, including size, shape, topography,location, or surroundings, <strong>the</strong> strict application <strong>of</strong> <strong>the</strong> zoning ordinance would deprive subject property <strong>of</strong>privileges enjoyed by o<strong>the</strong>r properties in <strong>the</strong> vicinity and under identical zone classification.(b) The Variance authorized does not constitute a grant <strong>of</strong> special privileges inconsistent with <strong>the</strong>limitations upon o<strong>the</strong>r property in <strong>the</strong> vicinity and zone in which subject property is situated.(c) The granting <strong>of</strong> <strong>the</strong> Variance will not be materially detrimental to <strong>the</strong> public health, safety,convenience, or welfare or injurious to property and improvements in <strong>the</strong> same vicinity and zone inwhich subject property is situated.(d) The granting <strong>of</strong> such Variance will be consistent with <strong>the</strong> general plan <strong>of</strong> <strong>the</strong> <strong>County</strong>.(e) The Variance does not authorize a use which is not o<strong>the</strong>rwise permitted in <strong>the</strong> zone. (#906, #1422)12.10.340 Appeal. Appeal procedure shall be in <strong>the</strong> same manner as specified in §12.10.160 <strong>of</strong> thisOrdinance. (#906V)12.10.350 Limitation on Filing Identical Application. Upon final denial <strong>of</strong> any Variance application,reapplication for <strong>the</strong> same request shall not be accepted for filing for a period <strong>of</strong> six (6) monthscommencing on <strong>the</strong> effective date <strong>of</strong> <strong>the</strong> final denial. (#906, #1422)12.10.400 Nonconforming Uses.ARTICLE 6NONCONFORMING USES(a) Use <strong>of</strong> Land--Any lawful use <strong>of</strong> land existing at <strong>the</strong> time <strong>of</strong> <strong>the</strong> adoption <strong>of</strong> a zoning districtordinance may be continued, although such use does not conform to <strong>the</strong> regulation specified in suchordinance for <strong>the</strong> district in which such land is located. A Conditional Use Permit shall first be obtainedfor any enlargement or expansion.(b) Use <strong>of</strong> Building--Any lawful use <strong>of</strong> a building existing at <strong>the</strong> time <strong>of</strong> <strong>the</strong> adoption <strong>of</strong> a zoning districtordinance may be continued, although such use does not conform to <strong>the</strong> regulation specified for <strong>the</strong>district in which such building is located. A Conditional Use Permit shall first be obtained for anyenlargement or expansion. However, except as o<strong>the</strong>rwise provided by law, nothing in this Ordinanceshall prevent <strong>the</strong> restoration <strong>of</strong> any part <strong>of</strong> a building or structure previously declared unsafe by properauthority.(c) Nonconformity for parking or setbacks--Any o<strong>the</strong>rwise conforming use, which is nonconformingonly by reason <strong>of</strong> parking or setbacks may expand or be reconstructed without a Conditional Use Permitprovided <strong>the</strong> following conditions are met:1. The expansion meets <strong>the</strong> current requirements for parking or setbacks and <strong>the</strong> degree <strong>of</strong>nonconformity <strong>of</strong> existing improvements is not increased.2. The expansion <strong>of</strong> reconstruction does not violate any o<strong>the</strong>r requirements previously conforming.3. Standards for parking lot improvements may be waived by <strong>the</strong> Planning Director provided <strong>the</strong>01/14/10 Page 23 <strong>of</strong> 230
expansion is not greater than 25% and <strong>the</strong> Planning Director finds that <strong>the</strong> required improvements cannotbe physically installed.(d) Abandonment--If <strong>the</strong> actual operation <strong>of</strong> a nonconforming use ceases for a continuous period <strong>of</strong> one(1) year, such cessation <strong>of</strong> <strong>the</strong> nonconforming use shall be considered abandonment; <strong>the</strong>n, without fur<strong>the</strong>raction by <strong>the</strong> Planning Commission, <strong>the</strong> use <strong>of</strong> land or building shall be subject to all <strong>the</strong> regulationsspecified by this Ordinance.(e) Nonconforming animal keeping--Any property upon which is kept livestock or fowl, which is madenonconforming under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> zone in which it is located, shall be brought into conformancewithin 24 months <strong>of</strong> <strong>the</strong> date <strong>of</strong> adoption <strong>of</strong> this ordinance, except where <strong>the</strong> owner has stipulated inwriting to <strong>the</strong> Planning Department <strong>the</strong> number and type <strong>of</strong> nonconforming animals prior to <strong>the</strong> end <strong>of</strong>that 24-month period. Any such stipulated animals shall be allowed to be maintained <strong>the</strong>reafter but shallnot be increased nor o<strong>the</strong>r animal types added nor shall this exception be transferable to ano<strong>the</strong>r owner orano<strong>the</strong>r property. (#906 as amended by #1130, #1405, #1422)ARTICLE 7VIOLATION12.10.500 Violation. Unless o<strong>the</strong>rwise provided, any person, firm or corporation violating anyprovision <strong>of</strong> this <strong>Title</strong> shall be guilty <strong>of</strong> an infraction. Each day or portion <strong>the</strong>re<strong>of</strong> such violation is inexistence shall be a new and separate <strong>of</strong>fense. Upon conviction, <strong>the</strong> penalty for such <strong>of</strong>fense shall be afine not exceeding Fifty Dollars ($50.00) for a first violation, a fine not exceeding One Hundred Dollars($100.00) for a second violation <strong>of</strong> <strong>the</strong> same chapter within one year, and a fine not exceed Two HundredFifty Dollars ($250.00) for a third violation <strong>of</strong> <strong>the</strong> same chapter within one year. Every additionalviolation <strong>of</strong> <strong>the</strong> same chapter within a one year period shall be a misdemeanor punishable as provided inChapter 1.25 <strong>of</strong> this Code. Payment <strong>of</strong> any penalty herein provided does not relieve <strong>the</strong> person, firm orcorporation <strong>of</strong> <strong>the</strong> responsibility to correct <strong>the</strong> violation. (#906, #1422)ARTICLE 8PUBLIC NUISANCE12.10.600 Public Nuisance. The use <strong>of</strong> any property or building in violation <strong>of</strong> <strong>the</strong> terms here<strong>of</strong> ishereby declared to be a public nuisance and may be abated in <strong>the</strong> manner prescribed by law. Thepenalties described in §12.10.500 shall not be deemed to abrogate, limit or annul <strong>the</strong> right to enjoin anyuse in violation <strong>of</strong> this chapter or to abate same by civil action. (#906, #1422)ARTICLE 9<strong>ZONING</strong> ADMINISTRATOR12.10.700 Zoning Administrator. The Planning Director or his or her designated representative actingas <strong>the</strong> Zoning Administrator may hold hearings and make decisions on applications for <strong>the</strong> followingconditional use permits and variances:A. Conditional Use Permits:(1) Enlargement or expansion <strong>of</strong> a use authorized under a Conditional Use Permit provided that <strong>the</strong>addition will not result in an increase <strong>of</strong> more than 50 percent <strong>of</strong> <strong>the</strong> existing facility.01/14/10 Page 24 <strong>of</strong> 230
(2) Enlargement or expansion <strong>of</strong> <strong>the</strong> existing nonconforming use provided that <strong>the</strong> addition will notresult in an increase <strong>of</strong> more than 25 percent <strong>of</strong> <strong>the</strong> existing facility.(3) Residence or mobilehomes in excess <strong>of</strong> those allowed as a permitted use as specified in variouszones.(4) Outdoor or <strong>of</strong>f-site advertising signs. (* See also Section 12.90.030)(5) Residential unit used and occupied exclusively by <strong>the</strong> proprietor or an employee <strong>of</strong> a commercialestablishment located in "C" zone.(6) Residential unit used and occupied exclusively by an employee <strong>of</strong> an industrial establishmentwho is employed specifically as a caretaker or watchman located in "M-1" zone.(7) Employee housing unit located in "RZ" zone.(8) Temporary and readily removable structures accessory to agricultural uses located in "FP-1"zone.(9) Up to four (4) model homes, a temporary building used as a contractor's <strong>of</strong>fice, a contractor'sstorage and construction yard, and a real estate sales <strong>of</strong>fice in connection with marketing <strong>of</strong> a subdivisionwith an approved tentative map having twenty-five (25) lots or more for a period not to exceed one year,provided that such uses are located within <strong>the</strong> subdivision. The Zoning Administrator may renew saidpermits for up to additional one-year periods upon written application at least thirty (30) days prior toexpiration.(10) A second single-family residence on each parcel <strong>of</strong> land in <strong>the</strong> R-1 and SP-1: R-5 through R-8(single-family residential) zones providing <strong>the</strong> following requirements are met:(a) The unit is not intended for sale and may be rented.(b) The lot contains an existing single-family dwelling.(c) Any increase in <strong>the</strong> floor area <strong>of</strong> an attached second unit shall not exceed 30 percent <strong>of</strong> <strong>the</strong>existing living area.(d) The total area <strong>of</strong> floor space for a detached second unit shall not exceed 1200 square feet.(e) Any construction shall conform to parking, height, setback, lot coverage, site plan review, ando<strong>the</strong>r requirements set forth in <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance code(f) An applicant for a permit pursuant to this section must be an owner-occupant.(11) Minor Conditional Use Permits.B. Variances:(1) All variance requests relating to structures erected or projected into any required yards orrequired building separations.(2) Variances from parking requirements not to exceed 10% <strong>of</strong> <strong>the</strong> total requirement.01/14/10 Page 25 <strong>of</strong> 230
(3) Variances from maximum height restrictions not to exceed 20% greater than <strong>the</strong> maximumallowable height.(4) Variances from maximum allowed sign area in accordance with Section 12.90.075. (#906 asamended by #959 #1055 #1130 #1178, #1239, #1405, #1422)12.10.710 Public Hearing and Findings:(1) Public hearing, notice and findings shall be required for an application for a Conditional Use Permitin <strong>the</strong> manner specified in §§12.10.220 and 12.10.230 <strong>of</strong> this Ordinance.(2) Public hearing, notice and findings shall be required for an application for a Variance in <strong>the</strong> mannerspecified in §§12.10.320 and 12.10.330 <strong>of</strong> this Ordinance. (#906, #1422)12.10.720 Appeal <strong>of</strong> Decision <strong>of</strong> Zoning. Any person not satisfied with <strong>the</strong> action <strong>of</strong> <strong>the</strong> ZoningAdministrator may within ten (10) calendar days appeal in writing to <strong>the</strong> Planning Commission. A copy<strong>of</strong> such appeal shall be submitted to <strong>the</strong> Planning Director. (#906 as amended by #1130, #1405, #1422)12.10.730 Appeal <strong>of</strong> Decision <strong>of</strong> Planning Commission. Any person not satisfied with <strong>the</strong> action <strong>of</strong><strong>the</strong> Planning Commission may within ten (10) calendar days appeal in writing to <strong>the</strong> Board <strong>of</strong>Supervisors. A copy <strong>of</strong> such appeal shall be submitted to <strong>the</strong> Planning Director. (#906 as amended byand #113, #1405, #1422)01/14/10 Page 26 <strong>of</strong> 230
CHAPTER 12.15ESTABLISHMENT OF ZONES, MAPSAND BOUNDARIESSections12.15.010 Official Zoning Map12.15.020 Reproductions12.15.030 Interpretation <strong>of</strong> District Boundaries12.15.040 Establishment <strong>of</strong> Zone______________________________12.15.010 Official Zoning Map. The Planning Director is hereby designated as <strong>the</strong> custodian <strong>of</strong> <strong>the</strong>Official Zoning Map and is hereby directed to prepare said map at a scale <strong>of</strong> not less than 1,000 feet, 1inch. The Official Zoning Map shall clearly indicate <strong>the</strong> zoning designations for all land as adopted bythis ordinance and amended from time to time.The Official Zoning Map shall be kept in <strong>the</strong> Planning Department and shall be <strong>the</strong> final authority <strong>of</strong> <strong>the</strong>zoning status <strong>of</strong> all land within <strong>the</strong> unincorporated area <strong>of</strong> <strong>the</strong> <strong>County</strong>. (#906 as amended by #1130,#1405)12.15.020 Reproductions. The Planning Director may prepare reproductions <strong>of</strong> composites <strong>of</strong> <strong>the</strong>adopted zoning map for purposes <strong>of</strong> study or public information. Such copies may be certified by <strong>the</strong>Planning Director as true copies <strong>of</strong> <strong>the</strong> Official Map on <strong>the</strong> date <strong>of</strong> reproduction. (#906 as amended by#1130, #1405)12.15.030 Interpretation <strong>of</strong> District Boundaries. Where uncertainty exists as to <strong>the</strong> boundaries <strong>of</strong>districts as shown on <strong>the</strong> Official Zoning Maps, <strong>the</strong> following rules shall apply:(a) Boundaries indicated as approximately following <strong>the</strong> center line <strong>of</strong> streets, highways, or alleys shallbe construed as following such center lines.(b) Boundaries indicated as approximately following lot lines shall be construed as following such lotlines.(c) Boundaries indicated as approximately following city limits or <strong>the</strong> county line shall be construed asfollowing such city limits or county line.(d) Boundaries indicated as following railroad lines shall be construed as midway between <strong>the</strong> maintracks.(e) Boundaries indicated as following shore lines shall be construed as moving with <strong>the</strong> actual shoreline; boundaries indicated as approximately following <strong>the</strong> center lines <strong>of</strong> streams, rivers, canals, lakes, oro<strong>the</strong>r bodies <strong>of</strong> water shall be construed as following such center lines.(f) Boundaries indicated as parallel to or extensions <strong>of</strong> features indicated in paragraphs (a) through (3)above shall be so construed. Distances not specifically indicated on <strong>the</strong> Official Zoning Maps shall bedetermined by <strong>the</strong> Planning Director.01/14/10 Page 27 <strong>of</strong> 230
(g) Where physical or cultural features existing on <strong>the</strong> ground are at variance with those shown on <strong>the</strong>Official Zoning Maps or in o<strong>the</strong>r circumstances not covered by <strong>the</strong> above paragraphs, <strong>the</strong> PlanningCommission shall interpret <strong>the</strong> district boundaries. (#906 as amended by #1130, #1405)12.15.040 Establishment <strong>of</strong> Zone. In order to classify, regulate, restrict and separate <strong>the</strong> use <strong>of</strong> land,buildings and structures; to regulate and limit <strong>the</strong> type, height and bulk <strong>of</strong> buildings and structures in <strong>the</strong>various districts; to regulate <strong>the</strong> areas <strong>of</strong> yards and o<strong>the</strong>r open areas abutting and between buildings andstructures; and to regulate <strong>the</strong> density <strong>of</strong> population, <strong>the</strong> unincorporated area <strong>of</strong> <strong>the</strong> <strong>County</strong> is herebydivided into <strong>the</strong> following zones:AE - - - Exclusive Agriculture ZoneA/RR - - Agricultural/Rural Residential ZoneRRE - - Rural Residential Estate ZoneR-1 - - Single Family Residential ZoneR-2 - - Medium Density Residential ZoneR-3 - - High Density Residential ZoneNC - - Neighborhood Commercial ZoneRC - - - Rural Commercial ZoneC - - - General Commercial ZoneM-1 - - General Industrial ZoneM-2 - - Extractive Industrial ZoneI/C - - Industrial/Commercial ZoneM-3 - - Light Industrial ZonePF - - Public Facilities ZoneRZ - - - Recreation ZoneSE - - Sports/Entertainment ZoneTPZ - - Timberland Preserve ZoneFP-1 - - Primary Flood Plain ZonePR - - - Planning Reserve ZoneAP - - - Airport ZoneBAFB - - Beale Air Force Base ZoneBAPZ - - Brownsville Airport ZoneSP-1 - - Specific Plan - East LindaRPZ - - Resource Preservation Zone (#906 as amended by #922, #953 #1055 and #1103)01/14/10 Page 28 <strong>of</strong> 230
CHAPTER 12.16SECOND DWELLING UNITSSections12.16.100 Findings12.16.200 Declaration <strong>of</strong> Purpose12.16.300 Administrative Approval Process12.16.400 Development Standards12.16.500 Conditional Second Dwelling Unit Approval Process12.16.600 Conditional Use Development Standards12.16.700 Appeal12.16.100 Findings. Second dwelling units contribute positively to <strong>the</strong> availability and affordability<strong>of</strong> various housing types and options. It is <strong>the</strong> policy <strong>of</strong> <strong>the</strong> State <strong>of</strong> California to provide for amechanism for allowing development <strong>of</strong> second dwelling units in appropriate areas <strong>of</strong> <strong>the</strong> <strong>County</strong>. Wherenot properly regulated, <strong>the</strong>y can contribute to traffic control, parking problems and aes<strong>the</strong>tic impacts inresidential neighborhoods. (#1422)12.16.200 Declaration <strong>of</strong> Purpose. The purpose <strong>of</strong> this Chapter is to allow for reasonabledevelopment <strong>of</strong> second dwelling units, while minimizing <strong>the</strong> impacts to residential neighborhoods and tosupport and complement <strong>the</strong> land use objectives set forth in <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> General Plan and thisChapter by encouraging <strong>the</strong> development <strong>of</strong> second dwelling units and by reducing or eliminatingvehicular traffic and safety hazards and aes<strong>the</strong>tic impacts by regulating location, parking, andappearance. (#1422)12.16.300 Administrative Approval Process. Application for a Second Dwelling Unit Clearanceshall be made to <strong>the</strong> Planning Department in writing on a form prescribed by <strong>the</strong> Planning Department aspermitted by <strong>the</strong> applicable zone district. The Planning Director or designated person(s) shall beresponsible for evaluating <strong>the</strong> Clearance application within 14 days <strong>of</strong> submission. Said Clearance shallbe approved if <strong>the</strong> proposal meets all requirements set forth in Chapter 12.16.400 and shall be valid for aperiod <strong>of</strong> one (1) year from date <strong>of</strong> Planning Department approval. Prior to issuance <strong>of</strong> building permit,applicant shall provide pro<strong>of</strong> <strong>of</strong> recorded deed restriction requiring owner-occupancy <strong>of</strong> ei<strong>the</strong>r <strong>the</strong>primary or secondary dwelling unit. (#1422)12.16.400 Development Standards. A Clearance for a Second Dwelling Unit shall be approvedprovided <strong>the</strong> following development standards are met:(1) Minimum Lot Size. The lot size shall meet <strong>the</strong> minimum standards for <strong>the</strong> applicable district.(2) Setbacks. A Second Dwelling Unit shall maintain setbacks required in <strong>the</strong> zoning district in which itis located. In addition, a minimum <strong>of</strong> ten (10) feet shall be maintained between <strong>the</strong> primary dwellingand a detached Second Dwelling Unit. However, detached, single-story Second Dwelling Units mayhave a reduced rear yard setback <strong>of</strong> ten (10) feet.(3) Floor Area. The floor area <strong>of</strong> <strong>the</strong> Second Dwelling Unit for an attached unit shall not exceed 30% <strong>of</strong><strong>the</strong> existing dwelling’s living area. The floor area <strong>of</strong> a detached Second Dwelling Unit shall notexceed 1,200 square feet.01/14/10 Page 29 <strong>of</strong> 230
(4) Occupancy. An applicant pursuant to this section shall be an owner-occupant <strong>of</strong> ei<strong>the</strong>r <strong>the</strong> primary orsecondary dwelling unit. A deed restriction on a form prescribed by <strong>the</strong> Planning Department shall berecorded prior to building permit issuance.(5) Minimum Facilities. The Second Dwelling Unit shall include permanent provisions for independentliving, sleeping, eating, cooking and sanitation within <strong>the</strong> unit. The primary residence and <strong>the</strong> SecondDwelling Unit may maintain separate utilities, subject to approval by <strong>the</strong> appropriate utility provider.Proposed Second Dwelling Units requiring wells and/or septic systems are subject to approval by <strong>the</strong>Environmental Health Department.(6) Appearance. The Second Dwelling Unit shall be designed and constructed so as to be compatiblewith <strong>the</strong> existing neighborhood in terms <strong>of</strong> height, form, and materials and <strong>the</strong> unit shall besubordinate to <strong>the</strong> primary residence. In addition, <strong>the</strong> unit must be located on a permanentfoundation.(7) Parking Requirement. Parking required by this section is in addition to that required for <strong>the</strong> primaryresidence on <strong>the</strong> site as required by <strong>the</strong> applicable zone district. Each one (1) bedroom or studioSecond Dwelling Unit shall provide at least one (1) <strong>of</strong>f-street parking space. The parking requirementmay be met by providing one (1) required parking space within <strong>the</strong> front yard setback and may belocated in tandem with o<strong>the</strong>r on site parking. Second Dwelling Units with two (2) or more bedroomsshall meet <strong>the</strong> standard parking requirements <strong>of</strong> <strong>the</strong> applicable zone district.(8) Second Dwelling Unit With Nonconforming Primary Structure. With <strong>the</strong> exception <strong>of</strong> lot size, when<strong>the</strong> primary structure is nonconforming, a Second Dwelling Unit in compliance with <strong>the</strong> above designand development standards is still permitted, providing that <strong>the</strong> second dwelling unit does notincrease <strong>the</strong> nonconformity.(9) Total Units. A maximum <strong>of</strong> one (1) second dwelling unit shall be permitted by this section. Totalresidential dwelling units on <strong>the</strong> parcel shall not exceed two (2) dwellings. (#1422)12.16.500 Conditional Second Dwelling Unit Approval Process. Application for a ConditionalSecond Dwelling Unit shall be made to <strong>the</strong> Planning Department in writing on a form prescribed by <strong>the</strong>Planning Department as permitted by <strong>the</strong> applicable zone district. Said application shall be processed inaccordance with Section 12.10.700. (#1422)12.16.600 Conditional Use Development Standards. In zone districts where a Conditional UsePermit is required for a Second Dwelling Unit, <strong>the</strong> following minimum development standards shall bemet:(1) Minimum Lot Size. Lots in <strong>the</strong> AE (Exclusive Agricultural) & A/RR (Agricultural/Rural Residential)zone districts shall be a minimum <strong>of</strong> 4.5 acres.(2) Setbacks. A Second Dwelling Unit shall maintain setbacks required in <strong>the</strong> zoning district in which itis located. In addition, a minimum <strong>of</strong> ten (10) feet shall be maintained between <strong>the</strong> primary dwellingand a detached Second Dwelling Unit.(3) The Second Dwelling Unit shall comply with <strong>the</strong> development standards <strong>of</strong> Section 12.16.400 (3)through (9). (#1422)01/14/10 Page 30 <strong>of</strong> 230
12.16.700 Appeal. The applicant or o<strong>the</strong>r affected person(s) not satisfied with <strong>the</strong> action <strong>of</strong> <strong>the</strong>Planning Director or designated person(s) or Zoning Administrator may within ten (10) calendar daysfollowing <strong>the</strong> date <strong>of</strong> action appeal in writing to <strong>the</strong> Planning Commission. (#1422)01/14/10 Page 31 <strong>of</strong> 230
CHAPTER 12.18COMBINING ZONESSections12.18.010 Purpose12.18.020 Types <strong>of</strong> Combining Zones12.18.030 Development Standards12.18.040 “UP”, Use Permit Required Combining Zone12.18.010 Purpose. Combining zones may be adopted by <strong>the</strong> Board <strong>of</strong> Supervisors to modify <strong>the</strong>underlying general zone district regulations where it is deemed necessary for any one or more purposes.Any combining zone may be attached to any commercial, industrial, residential, agricultural, or openspace zone district. The intent is to use <strong>the</strong> combining zones to recognize special or uniquecircumstances where <strong>the</strong> base zone and its development standards may not be adequate to protect <strong>the</strong>public’s health, safety, or general welfare, or <strong>the</strong> combining zone is necessary to insure <strong>the</strong> protection<strong>of</strong> a unique or critical area <strong>of</strong> concern to <strong>the</strong> <strong>County</strong>, or <strong>the</strong> combining zone is deemed appropriate toexpand permitted uses or limit permitted uses.12.18.020 Types <strong>of</strong> Combining Zones. The Board <strong>of</strong> Supervisors may, from time to time, createcombining zones for any number <strong>of</strong> purposes including, but not limited to, recognition <strong>of</strong> airport safetyzones, to implement specific plan provisions, to acknowledge special design requirements for specificareas, to adopt site specific development standards, or to address important community concerns.12.18.030 Development Standards. Where property includes a combining zone, developmentstandards and/or permit requirements provided in <strong>the</strong> applicable ordinance reclassifying <strong>the</strong> propertyshall supersede those for <strong>the</strong> underlying zone district. If a standard is not addressed in <strong>the</strong> applicableordinance reclassifying <strong>the</strong> property, it shall be governed by <strong>the</strong> standards established by <strong>the</strong> underlyingzone district.12.18.040 Use Permit Required Combining Zone. The purpose <strong>of</strong> <strong>the</strong> conditional use permitrequired (-UP) combining district is to identify sensitive areas <strong>of</strong> <strong>Yuba</strong> <strong>County</strong> where any proposed useor development will raise significant land use policy issues and/or community concerns and <strong>the</strong>refore,such use should not be considered for approval or disapproval without <strong>the</strong> level <strong>of</strong> study and publicparticipation and review afforded by <strong>the</strong> conditional use permit process (Section 12.10.200).(1) The requirements and standards that apply to land uses within <strong>the</strong> –UPcombining zone shall be <strong>the</strong> same as o<strong>the</strong>rwise required for <strong>the</strong> base zonedistrict, except that conditional use permit approval shall be required for alluses.(2) The Planning Director shall determine, based on <strong>the</strong> proposed use, siteand circumstances, whe<strong>the</strong>r <strong>the</strong> conditional use permit will be heard by<strong>the</strong> Planning Commission or <strong>the</strong> Zoning Administrator (Section12.10.700). (Ord. #1385)01/14/10 Page 32 <strong>of</strong> 230
CHAPTER 12.20"AE" EXCLUSIVE AGRICULTURAL ZONESections12.20.010 Purpose12.20.020 Sub-Zone and Lot Area12.20.030 Permitted Uses12.20.040 Uses Permitted With a Conditional Use Permit12.20.045 Uses Permitted With a Minor Conditional Use Permit12.20.050 Maximum Building Height12.20.060 Minimum Distance Between Structures12.20.070 Minimum Yard Requirements12.20.080 Signs12.20.090 Division <strong>of</strong> Land______________________________12.20.010 Purpose.(1) To preserve <strong>the</strong> maximum amount <strong>of</strong> <strong>the</strong> limited supply <strong>of</strong> agricultural land which is necessary in<strong>the</strong> conservation <strong>of</strong> <strong>the</strong> <strong>County</strong>'s economic resources and vital for a healthy agricultural economy <strong>of</strong> <strong>the</strong><strong>County</strong>.(2) To eliminate <strong>the</strong> encroachment <strong>of</strong> land uses which are incompatible with <strong>the</strong> agricultural uses <strong>of</strong><strong>the</strong> land.(3) To prevent <strong>the</strong> unnecessary conversion <strong>of</strong> agricultural land to urban uses. (#906)12.20.020 Sub-Zone and Lot Area. The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land for each "AE" subzoneshall be as indicated below:Sub-Zone Minimum Parcel SizeAE-10 10 AcresAE-40 40 AcresAE-80 80 Acres (#906)12.20.030 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "AE" Zone:(1) One single family residence.(2) In addition to <strong>the</strong> residence allowed under paragraph (1) above, additional residences or mobilehomes shall be permitted as follows:(a) One single family dwelling unit for each ten acres in AE-10 sub-zone.(b) One single family dwelling unit for each forty acres in AE-40 sub-zone.(c) One single family dwelling unit for each eighty acres in <strong>the</strong> AE-80 sub-zone.01/14/10 Page 33 <strong>of</strong> 230
(3) Growing and harvesting any agricultural crop or product.(4) Aquiculture.(5) Game preserves or hunting or fishing clubs except those involving permanent dwellings, orbuildings with waste disposal facilities.(6) Agricultural service establishments primarily engaged in performing agricultural animal husbandryservices or horticultural services to farmers.(7) The use <strong>of</strong> implements <strong>of</strong> agriculture or aquiculture including aircraft, subject to all applicableregulations.(8) Livestock and fowl farming including raising, maintaining, and breeding <strong>of</strong> horses, cattle, hogs,rabbits, chickens and similar livestock. No barn, coop, stable or corral shall be located closer than 50feet to any abutting dwelling, except for caretaker quarters.(9) Accessory buildings such as garages, carports, guest dwellings, lath houses, barns, greenhouses,gardening sheds, silos and dehydrators for agricultural products which are grown or produced on <strong>the</strong>premises and similar structures which are customarily used in conjunction with and incidental to aprincipal use or structure.(10) Home occupations as defined in Chapter 12.95.(11) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor's temporary<strong>of</strong>fice, provided that such use is on <strong>the</strong> building site or immediately adjacent <strong>the</strong>reto, and providedfur<strong>the</strong>r that such use shall be permitted only during <strong>the</strong> construction period and 30 days <strong>the</strong>reafter.(12) Stands for <strong>the</strong> purpose <strong>of</strong> displaying and selling agricultural, floricultural or farming productswhich are grown or produced on <strong>the</strong> premises, provided that <strong>the</strong>re shall not be more than one stand perlot or parcel <strong>of</strong> land. The ground coverage <strong>of</strong> <strong>the</strong> stand shall not exceed 300 square feet, and it shall beset back from <strong>the</strong> street or highway right-<strong>of</strong>-way a distance <strong>of</strong> at least 20 feet. Such stand must be <strong>of</strong>good frame construction.(13) Temporary uses as defined in Chapter 12.105.(14) Windmills and domestic storage tanks.(15) Family Day Care Homes in accordance with Chapter 12.120.(16) Hobby Kennels on parcels forty (40) acres or more in Sub-zone AE-40 and eighty (80) acres ormore in Sub-zone AE-80. (#906 as amended by #959, #1055 #1077 #1097 #1278, #1422)12.20.040 Uses Permitted With a Conditional Use Permit.(a) The following uses and structures may be permitted in <strong>the</strong> "AE" Zone if a Conditional Use Permithas first been secured:(1) Railroad car cleaning and refurbishing operation.01/14/10 Page 34 <strong>of</strong> 230
(2) Commercial storage, handling <strong>of</strong> agricultural chemicals.(3) Game preserves or hunting or fishing clubs with dwellings or buildings having wastedisposal facilities.(4) Farm labor camps and structures for transient labor.(5) Animal sales yards(6) Commercial stables, riding academies.(7) Agricultural processing plants and facilities, such as wineries, distillers, dehydrators,canneries and similar agricultural uses.(8) Animal processing plants or rendering plants.(9) Public and private nonpr<strong>of</strong>it nursery schools, elementary schools, junior high schools andcolleges.(10) Churches, public playgrounds and parks.(11) Sales and services to farmers or farm-related activities.(12) Government buildings.(13) Kennels, animal hospitals and veterinarian's <strong>of</strong>fices.(14) Public utility buildings and public service or utility uses, (transmission and distributionlines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephoneexchanges, power stations, transformer stations, service yards and parking lots.(15) Cemeteries, crematories, and mausoleums.(16) Living quarters for persons deriving <strong>the</strong>ir income from permanent, non-seasonalemployment on <strong>the</strong> premises in conjunction with an agricultural use.(17) Sewage treatment plan and disposal area.(18) Commercial or public dumping and disposal areas.(19) Recreational vehicle and boat storage facilities.(20) Surface mining performed in conjunction with <strong>the</strong> excavation <strong>of</strong> a single pond per parcelhaving a storage capacity not in excess <strong>of</strong> 50 acre feet <strong>of</strong> water when such water is used for stockwatering and domestic purposes.(21) Surface mining where <strong>the</strong> reclamation <strong>of</strong> <strong>the</strong> land is for agricultural production.(22) Gas exploration. (#906 as amended by #927, #1055 #1097 #1130 #1239, #1278, #1422)01/14/10 Page 35 <strong>of</strong> 230
12.20.045 Uses Permitted With a Minor Conditional Use Permit.(1) Expansion <strong>of</strong> agricultural processing plants and facilities including, but not limited to, distillers,dehydrators, canneries, packing facilities and o<strong>the</strong>r similar uses that are not permitted under a previouslyapproved Conditional Use Permit and do not result in more than a 25 percent increase in area.(2) Sales and services to farmers or farm-related activities that require 10 or less parking spaces pursuantto Chapter 12.85(3) Second Dwelling Units in accordance with Chapter 12.16. (#1178 as amended by #1216, #1422)12.20.050 Maximum Building Height.(1) Thirty-five (35) feet for residential structures.(2) Fifty (50) feet for agricultural buildings or structures.(3) Exceptions. Water tanks, silos, graineries, barns, pole buildings, electronic towers, antennas andsimilar structures <strong>of</strong> necessary mechanical appurtenances may exceed fifty (50) feet in height provided<strong>the</strong>y do not exceed height restrictions in regulated airport approach zones. (#906)12.20.060 Minimum Distance Between Structures. The distance between any accessory building anda dwelling unit shall not be less than six (6) feet. (#906) [*Also see section 12.20.030 (8)]12.20.070 Minimum Yard Requirements.(1) Front Yard: Thirty Feet (30). Measurement to start at <strong>the</strong> edge <strong>of</strong> <strong>the</strong> existing "<strong>County</strong> Right-<strong>of</strong>-Way as shown on <strong>the</strong> adopted <strong>Yuba</strong> <strong>County</strong> Circulation Plan.(2) Side Yards: The minimum side yards shall be twenty-five (25) feet or 10 percent <strong>of</strong> <strong>the</strong> median lotwidth, whichever is less.(3) Rear Yard: The minimum rear yard shall be twenty-five (25) feet. (#906 as amended by #922)12.20.080 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90. (#906)12.20.090 Division <strong>of</strong> Land. All division <strong>of</strong> real property in <strong>the</strong> AE Zone as regulated in Chapter 11.15<strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code shall comply with <strong>the</strong> following requirements:(1) The minimum size <strong>of</strong> any lot or parcel <strong>of</strong> land shall be as indicated in §12.20.020; unless o<strong>the</strong>rwisenoted below.(2) In order to separate property containing a residence or mobile home, one parcel <strong>of</strong> a maximum size<strong>of</strong> 5 acres may be created in <strong>the</strong> AE-40 zone and in <strong>the</strong> AE-80 zone, provided all o<strong>the</strong>r applicableordinance code provisions are met. This provision shall not apply to parcels created after <strong>the</strong> effectivedate <strong>of</strong> Ordinance No. 953 (6-3-86).(3) Parcels in <strong>the</strong> AE-40 and AE-80 zones may be created below <strong>the</strong> minimum lots sizes if <strong>the</strong>proposed lot lines correspond to natural or manmade features, and <strong>the</strong> proposed division is recommendedby <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Agricultural Commissioner. (#906 as amended by #959 and #1097)01/14/10 Page 36 <strong>of</strong> 230
CHAPTER 12.25"A/RR" AGRICULTURAL/RURAL RESIDENTIAL ZONESections:12.25.010 Purpose12.25.020 Permitted Uses12.25.030 Uses Permitted with a Conditional Use Permit12.25.035 Uses Permitted with a Minor Conditional Use Permit12.25.040 Maximum Building Height12.25.050 Signs: Maximum Distance Between Structures12.25.060 Maximum Yard Requirements12.25.070 Signs12.25.080 Amended Division <strong>of</strong> Land12.25.090 Repealed12.25.010 Purpose.1) To preserve <strong>the</strong> rural character and amenities <strong>of</strong> <strong>the</strong>se lands best utilized for low densityresidential development.2) To promote <strong>the</strong> most desirable use <strong>of</strong> land and <strong>the</strong> direction <strong>of</strong> building development inaccordance with <strong>the</strong> General Plan. (Ord. #1375, as amended by #1395)12.25.020 Permitted Uses.The following uses and structures shall be permitted in <strong>the</strong> A/RR" zone:1) One single family residence.2) In addition to <strong>the</strong> residence allowed under paragraph (1) above, one additional residence ormobile home for each parcel over ten (10) acres.3) Growing and harvesting any agricultural crop or product.4) The use <strong>of</strong> implements <strong>of</strong> husbandry including aircraft when used in growing crops or raisinganimals, except as may be regulated by o<strong>the</strong>r laws or regulations.5) Aquiculture.6) Game preserves or hunting or fishing clubs except those involving permanent dwellings, orbuildings with waste disposal facilities.7) Agricultural service establishments primarily engaged in performing agricultural animalhusbandry services or horticultural services to farmers.8) The use <strong>of</strong> implements <strong>of</strong> agriculture or aquiculture including aircraft, subject to all applicableregulations.9) Livestock and fowl farming including raising, maintaining, and breeding <strong>of</strong> horses, cattle,01/14/10 Page 37 <strong>of</strong> 230
hogs, rabbits, chickens and similar livestock. No barn, coop, stable or corral shall be located closer than50 feet to any abutting dwelling except for caretaker quarters. The keeping <strong>of</strong> hogs shall not include morethan one brood sow. Any additional brood sows shall constitute a hog farm and shall require aconditional Use Permit.10) Accessory buildings such as garages, carports, guest dwellings, barns, lath housesgreenhouses, gardening sheds, recreation rooms and similar structures which are customarily used inconjunction with and incidental to a principal use or structure.11) Home occupations as defined in Chapter 12.95.12) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor'stemporary <strong>of</strong>fice, provided that such use is on <strong>the</strong> building site or immediately adjacent <strong>the</strong>reto, andprovided fur<strong>the</strong>r that such use shall be permitted only during <strong>the</strong> construction period and 30 days<strong>the</strong>reafter.13) Stands for <strong>the</strong> purpose <strong>of</strong> displaying and selling agricultural, floricultural or farming productswhich are grown or produced on <strong>the</strong> premises as well as related agricultural products, provided that <strong>the</strong>reshall not be more than one stand per lot or parcel <strong>of</strong> land. The ground coverage <strong>of</strong> <strong>the</strong> stand shall notexceed 300 square feet, and it shall be set back from <strong>the</strong> street or highway right-<strong>of</strong>-way a distance <strong>of</strong> atleast 20 feet. Such stand must be <strong>of</strong> good frame construction.14) Accessory buildings or structures required for <strong>the</strong> storage <strong>of</strong> any crops, products, equipmentor uses lawfully permitted or produced on <strong>the</strong> premises.15) Family Day Care Homes in accordance with Chapter 12.120. (Ord. #1055, #1375, #1395)12.25.030 Uses Permitted With A Conditional Use Permit.The following uses and structures may be permitted in <strong>the</strong> A/RR" Zone if a conditional Use Permit hasfirst been secured:1) Commercial uses as follows:a) Pr<strong>of</strong>essional or government <strong>of</strong>fices.b) Automotive service stations.c) Automotive repair when conducted within a building.d) Laundromats.e) Plant nurseries.f) Restaurants or bars.g) Retail stores.h) Barbershops, beauty parlors and similar personal service establishments.i) Motels, hotels, and inns.j) Equipment rental.k) Commercial stables, riding academies.2) Industrial uses including wrecking yards, lumber yards and auction yards, except usesinvolving <strong>the</strong> use <strong>of</strong> noxious, radioactive, explosive or highly combustible materials in sufficientquantities to be incompatible with <strong>the</strong> purpose <strong>of</strong> <strong>the</strong> zone.3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposalfacilities.01/14/10 Page 38 <strong>of</strong> 230
4) Cemetery or mausoleum.5) Commercial or public dumping and disposal areas.6) Mobile home Parks.7) Off-site Advertising Signs. (Also see section 12.90.030)8) Recreational Vehicle Parks and Campgrounds.9) Travel Trailer Parks.10) Public and private nonpr<strong>of</strong>it nursery schools, elementary schools, junior high schools, highschools and colleges.11) Churches and religious institutions, private clubs and lodges, public playgrounds and parks.12) Government buildings and property.13) Public utility buildings and public service or utility uses, transmission and distribution linesexcepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges,power stations, transformer stations, service yards, parking lots and fire stations.14) Sewage treatment plant and disposal area.15) Hog farms.16) Caretaker dwelling in addition to any permitted residences.17) Kennels, animal hospitals and veterinary <strong>of</strong>fices.18) Residential Care facilities which serve more than six individuals.19) Private utility transmission and distribution lines.20) Day Care Centers.21) Planned Unit Developments (See Chapter 12.80) (Ord. #959, #1055, #1375, and #1395)12.25.035 Uses Permitted With A Minor Conditional Use Permit.1) Uses listed under 12.25.030(1) a) through k) that require 10 or less parking spaces pursuant tochapter 12.85.2) Second Dwelling Units in accordance with Chapter 12.16. (Ord. #1375, #1422)12.25.040 Maximum Building Height.1) Thirty-five 35) feet for residential structures.01/14/10 Page 39 <strong>of</strong> 230
2) Fifty 50) feet for all agricultural, commercial, and industrial buildings. Electronic towers,antennas and similar structures <strong>of</strong> necessary mechanical appurtenances may exceed fifty (50) feet inheight. (Ord. #1375)12.25.050 Maximum Distance Between Structures.The distance between any accessory building and a dwelling unit shall not be less than six 6) feet. (Ord.#1375) (* Also see section 12.25.020 9)12.25.060 Maximum Yard Requirements.1) Front Yard: The minimum front yard shall be thirty 30) feet from <strong>the</strong> edge <strong>of</strong> <strong>the</strong> existing<strong>County</strong> right-<strong>of</strong>-way or easement.2) Side Yards: <strong>the</strong> minimum side yards shall be twenty-five 25) feet or 10 percent <strong>of</strong> <strong>the</strong> medianlot width, whichever is less.3) Rear Yard: The minimum rear yard shall be twenty- five 25) feet. (Ord. #922, #1375, #1395)12.25.070 Signs.All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90. (Ord. #1395)12.25.080 Division Of Land.1) Lot sizes shall be consistent with <strong>the</strong> current <strong>Yuba</strong> <strong>County</strong> Zoning Map unless a Planned UnitDevelopment is approved pursuant to Chapter 12.80 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Zoning Ordinance.2) Notwithstanding anything to <strong>the</strong> contrary contained in this chapter, parcels which aredeveloped with lawfully established commercial or industrial buildings may be created with minimumparcel sixes <strong>of</strong> less than 5 acres providing <strong>the</strong> resulting parcels comply with all o<strong>the</strong>r applicableprovisions <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code (Ord. #959)3) A land division <strong>of</strong> less than 5 acres may be approved in order to permit separation <strong>of</strong> lawfullyestablished dwelling units provided <strong>the</strong> following conditions are present:anda) The parcel before division contains more than one detached residential dwelling unit;b) The second or successive dwelling unit has been lawfully established prior to <strong>the</strong> effectivedate <strong>of</strong> this ordinance. (Ord. #959, #1395)12.25.090 (Deleted) (Ord. #1375)01/14/10 Page 40 <strong>of</strong> 230
CHAPTER 12.30"RRE" RURAL RESIDENTIAL ESTATE ZONESections12.30.010 Purpose12.30.020 Permitted Uses12.30.030 Uses Permitted With a Conditional Use Permit12.30.040 Site Area and Configuration12.30.050 Minimum Yard Requirements12.30.060 Maximum Building Height12.30.070 Minimum Distance Between Structures12.30.080 Off-Street Parking12.30.090 Signs12.30.100 Walls and Fences______________________________12.30.010 Purpose. The Rural Residential Estate Zone is intended to provide low density residentialdevelopment to preserve <strong>the</strong> rural character and amenities <strong>of</strong> certain areas, and to allow limited numbers<strong>of</strong> animals to be kept for noncommercial purposes. Rural residential estate lots (minimum size <strong>of</strong> one (1)acre also serve as a transition between standard residential density development and agricultural lands.(#906)12.30.020 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "RRE" Zone:(1) One Single-family residence.(2) In addition to <strong>the</strong> residence allowed under paragraph (1) above, one additional residence ormobilehome for each five (5) acres.(3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposalfacilities.(4) Growing and harvesting any agricultural crop or product.(5) Aquiculture.(6) Agricultural service establishments primarily engaged in performing agricultural animal husbandryserves or horticultural serves to farmers.(7) The use <strong>of</strong> implements <strong>of</strong> agriculture or aquiculture including aircraft, subject to all applicableregulations.(8) Accessory buildings such as garages, carports, barns, lath houses, greenhouses, gardening sheds,recreation rooms and similar structures which are customarily used in conjunction with and incidental toprincipal use or structure.(9) Home occupations as defined in Chapter 12.90.(10) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor's temporary01/14/10 Page 41 <strong>of</strong> 230
<strong>of</strong>fice, provided such use is on <strong>the</strong> building site or immediately adjacent <strong>the</strong>reto, and provided fur<strong>the</strong>rthat such use shall be permitted only during <strong>the</strong> construction period and 30 days <strong>the</strong>reafter.(11) The keeping <strong>of</strong> livestock and fowl except that hogs shall not be permitted on any parcel <strong>of</strong> lessthan one acre. The keeping <strong>of</strong> hogs shall not include more than one brood sow. Any additional broodsows shall constitute a hog farm and shall require a Conditional Use Permit. No pen, coop, stable orcorral shall be kept or maintained closer than 50 feet from any abutting dwelling.(12) Stands for <strong>the</strong> purpose <strong>of</strong> displaying and selling agricultural, floricultural or farming productswhich are grown or produced on <strong>the</strong> premises, provided that <strong>the</strong>re shall be not more than one stand perlot or parcel <strong>of</strong> land. The ground coverage <strong>of</strong> <strong>the</strong> stand shall not exceed 300 square feet, and it shall beset back from <strong>the</strong> street or highway right-<strong>of</strong>-way a distance <strong>of</strong> at least 20 feet. Such stand must be <strong>of</strong>good frame construction.(13) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #1055)12.30.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may bepermitted in <strong>the</strong> "RRE" Zone if a Conditional Use Permit has first been secured:(1) Commercial stables, riding academies.(2) Public and private nonpr<strong>of</strong>it nursery schools, elementary schools, junior high schools, high schoolsand colleges.(3) Game preserves or hunting or fishing clubs with dwellings or buildings having waste disposalfacilities.(4) Churches and religious institutions, private clubs and lodges, public playgrounds and parks, privateor public golf courses.(5) Sales and services to farmers or farm-related activities.(6) Government buildings and properties.(7) Kennels, animal hospitals and veterinarian's <strong>of</strong>fices.(8) Public utility buildings and public service or utility uses, (transmission and distribution linesexcepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges,power stations, transformer stations, service yards and parking lots.(9) Cemeteries, crematories, and mausoleums.(10) DELETED (#906 as amended by #1130 and #1239)01/14/10 Page 42 <strong>of</strong> 230
12.30.040 Site Area and Configuration.(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land in "RRE" Zone shall be one (1) acre.(2) Each lot or parcel <strong>of</strong> land shall abut a public street for a minimum <strong>of</strong> 60 feet; <strong>the</strong> minimum widthshall be 120 feet, except as provided in '12.30.040(3).(3) The minimum lot width and street frontage requirements shall be waived where all <strong>of</strong> <strong>the</strong> followingconditions exist:(a) The configuration <strong>of</strong> <strong>the</strong> lot prior to division does not permit division in accordance with standardsset forth in §12.30.040(2).(b) The lot, prior to division, contains sufficient lot area to permit division into parcels which will eachcontain <strong>the</strong> minimum square footage required under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> zone.(c) The access width serving <strong>the</strong> parcel(s) will be not less than 20'for a single rear parcel, not lessthan 30'for an access serving two to four parcels, not less than 40'for an access serving 5 to 6 parcels ornot less than 50'for access serving seven or more parcels. (#906 as amended by #1002)12.30.050 Minimum Yard Requirements.(1) Front Yard: The minimum front yard shall be thirty (30) feet.(2) Side Yard, Corner lots: On corner lots, <strong>the</strong> side yard which is contiguous to <strong>the</strong> street shall not beless than thirty (30) feet in width.(3) Side Yard, Interior: The minimum side yards shall be ten (10) feet.(4) Side Yard, Driveway: When used for access to a parking facility, a side yard shall be wide enoughfor a ten (10) feet side unobstructed driveway. A side yard driveway shall be surfaced with Class IIaggregate or equal.(5) Side Yard, Accessory Buildings: The side yard <strong>of</strong> any accessory building shall be <strong>the</strong> same as thatrequired for <strong>the</strong> main building.(6) Rear Yard: The minimum rear yard shall be twenty-five (25) feet. (#906)12.30.060 Maximum Building Height.(1) Thirty-five (35) feet for residential structures.(2) Fifty (50) feet for agricultural buildings or structures.(3) Exceptions. Water tanks, silos, granaries, barns, pole buildings, electronic towers, antennas andsimilar structures <strong>of</strong> necessary mechanical appurtenances may exceed airport height restrictions inregulated airport approach zones. (#906)01/14/10 Page 43 <strong>of</strong> 230
12.30.070 Minimum Distance Between Structures. The distance between any accessory building anda dwelling unit shall not be less than six (6) feet. (#906) (* Also see section 12.30.020 (11))12.30.080 Off-Street Parking. Each lot or parcel <strong>of</strong> land one and one-half acres in size shall have on<strong>the</strong> same lot or parcel, space suitable for providing <strong>of</strong>f-street parking for at least two (2) automobiles foreach dwelling unit. Such parking facilities shall be conveniently accessible and located at a place where<strong>the</strong> erection <strong>of</strong> structures is permitted. Such parking facilities, along with <strong>the</strong> driveways, shall be pavedwith cement or asphaltic concrete. For all o<strong>the</strong>r uses, <strong>of</strong>f-street parking shall be provided as prescribed inChapter 12.85. (#906 as amended by #1130)12.30.090 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.000. (#906)12.30.100 Walls and Fences. Fences, walls and hedges not exceeding eight (8) feet in height shall bepermitted, except that in a required front yard, or side yard <strong>of</strong> a corner lot, a fence, wall or hedge shallnot exceed three (3) feet in height. (#906)01/14/10 Page 44 <strong>of</strong> 230
SectionsCHAPTER 12.35"R-1" SINGLE FAMILY RESIDENTIAL ZONE12.35.010 Purpose12.35.020 Placement12.35.030 Permitted Uses12.35.040 Uses Permitted With a Conditional Use Permit12.35.050 Site Area and Configuration12.35.060 Minimum Yard Requirements12.35.070 Maximum Building Height12.35.080 Minimum Distance Between Structures12.35.090 Off-Street Parking12.35.100 Signs12.35.110 Walls and Fences12.35.120 Sidewalks and Landscaping______________________________12.35.010 Purpose.(1) To provide living area within an area where development is limited to low density concentrations <strong>of</strong>single family dwellings.(2) To promote and encourage a suitable environment for family life.(3) To provide space for community facilities needed to complement urban residential areas and forinstitutions which require a residential environment.(4) To minimize traffic congestion and avoid an overload <strong>of</strong> utilities designed to service only lowdensity residential use. (#906)12.35.020 Placement. The placement <strong>of</strong> <strong>the</strong> R-1, Single Family Residential Zone, is to be limited to <strong>the</strong>unincorporated areas <strong>of</strong> <strong>the</strong> <strong>County</strong> which have sanitary sewer systems and a piped water system, orwhich is located within an established service area <strong>of</strong> a governmental district or utility company whichcan <strong>of</strong>fer such services. (#906)12.35.030 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "R-1" Zone:(1) One single-family residence.(2) Accessory buildings such as garages, carports, lath houses, green houses, gardening sheds,recreation rooms and similar structures which are customarily used in conjunction with and incidental toa principal use or structure.(3) Home occupation as defined in Chapter 12.95.(4) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor's temporary<strong>of</strong>fice, provided that such use is on <strong>the</strong> building site or immediately adjacent <strong>the</strong>reto, and providedfur<strong>the</strong>r that such use shall be permitted only during <strong>the</strong> construction period and 30 days <strong>the</strong>reafter.01/14/10 Page 45 <strong>of</strong> 230
(5) Residential care facility serving not more than six (6) individuals with <strong>the</strong> exclusion <strong>of</strong> familymembers.(6) The keeping <strong>of</strong> livestock and fowl shall be permitted on any parcel <strong>of</strong> 1 acre or larger and shallconform to <strong>the</strong> following formula:Chickens, rabbits and 100 per acre similar small animalsHorses, cattle, sheep, goats, 5 per acre and similar livestock, including hogs as fur<strong>the</strong>r restricted asfollows:Hogs, except no more than 2 for each acre up one brood sow to 5, 5 for each acre <strong>the</strong>reafterNo barn, coop, stable, or corral shall be located closer than 50 feet to any dwelling, except forcaretaker quarters.(7) Family Day Care Homes in accordance with Chapter 12.120.(8) Second Dwelling Unit in accordance with Chapter 12.16. (#906 as amended by #959, #1055, #1422)12.35.040 Uses Permitted With a Conditional Use Permit. The following uses and structures may bepermitted in <strong>the</strong> "R-1" Zone if a Conditional Use Permit has first been secured:(1) (Deleted)(2) Public and private nonpr<strong>of</strong>it nursery schools, elementary schools, junior high schools, high schoolsand colleges.(3) Churches and religious institutions, private clubs and lodges, private or public playgrounds andparks, private or public golf courses.(4) Government buildings.(5) Public utility buildings and public service or utility uses (transmission and distribution linesexcepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges,power stations, transformer stations, service yards and parking lots.(6) Up to four (4) model homes, a temporary building used as a contractor's <strong>of</strong>fice, a contractor'sstorage and construction yard, and a real estate sales <strong>of</strong>fice in connection with marketing <strong>of</strong> a newsubdivision in accordance with Section 12.10.700A(9).(7) Multi-family dwellings within <strong>the</strong> boundaries <strong>of</strong> <strong>the</strong> River Highlands Community Plan inaccordance with Sections 12.40.050, 12.40.070, and 12.40.090 through Sections 12.40.170 provided that<strong>the</strong> height and densities for such development do not exceed two stories and ten dwelling units per grossacre.(8) Neighborhood Commercial uses identified in Sections 12.43.020(10), 12.43.020(12) and12.43.020(13) within <strong>the</strong> boundaries <strong>of</strong> <strong>the</strong> River Highlands Community Plan in accordance withSections 12.43.050 through 12.43.090 provided <strong>the</strong> site area does not exceed three gross acres in size, <strong>the</strong>site is served by public water and sewer, and <strong>the</strong> minimum distances between neighborhood shoppinguses are one-half mile. (#906 as amended by #1130 #1145, #1239, #1422)01/14/10 Page 46 <strong>of</strong> 230
12.35.050 Site Area and Configuration.(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be 6,000 square feet for interior lots and 7,365square feet for corner lots, except in a Planned Unit Development project.(2) The minimum lot width <strong>of</strong> any lot or parcel <strong>of</strong> land shall be sixty (60) feet for interior lots andseventy five (75) feet for corner lots, and <strong>the</strong> minimum street frontage shall be forty (40) feet, except asprovided for in Section 12.35.050(3).(3) The minimum lot width and street frontage requirements shall be waived where all <strong>of</strong> <strong>the</strong> followingconditions exist:(a) The configuration <strong>of</strong> <strong>the</strong> lot prior to division does not permit division in accordance with standardsset forth in 12.35.050(2).(b) The lot, prior to division, contains sufficient lot area to permit division into parcels which will eachcontain <strong>the</strong> minimum square footage required under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> zone.(c) The access width serving <strong>the</strong> parcel(s) will be not less than 20'for a single rear parcel, not less than30'for an access serving two to four parcels, not less than 40'for an access serving 5 to 6 parcels, or notless than 50'for access serving seven or more parcels. (#906 as amended by #1,002 #1077 and #1130)12.35.060 Minimum Yard Requirements.(1) Front Yard: The minimum front yard setback shall be twenty-seven (27) feet from <strong>the</strong> back <strong>of</strong> curbfor residences and thirty-two (32) feet from <strong>the</strong> back <strong>of</strong> <strong>the</strong> curb for garages or carports, except asfollows:(a) Two car enclosed garages may have a twenty-seven (27) foot setback from <strong>the</strong> back <strong>of</strong> curb where<strong>the</strong> access is by a swing driveway.(b) Development <strong>of</strong> infill interior lots within an established subdivision or neighborhood shall have asetback for residences which is equal to <strong>the</strong> average setback <strong>of</strong> <strong>the</strong> block.(c) The minimum front yard setback shall be reduced to twenty-two (22) feet from <strong>the</strong> back <strong>of</strong> curbwhen a garage providing <strong>of</strong>f-street parking is constructed adjacent to <strong>the</strong> rear lot line and when access tosaid garage is provided by a rear alley.(2) Side Yard, Corner Lots: The side yard setback for corner lots shall be five (5) feet from <strong>the</strong> interiorlot line and twenty-two (22) feet from <strong>the</strong> back <strong>of</strong> curb, except that a garage or carport having an entrancefronting on <strong>the</strong> street adjacent to <strong>the</strong> side yard shall be setback at least thirty-two (32) feet from <strong>the</strong> back<strong>of</strong> curb.(3) Side Yard, Interior: The minimum side yard shall be five (5) feet.(4) Side Yard, Driveway: When used for access to a parking facility, a side yard shall be wide enoughfor a ten (10) feet wide unobstructed driveway. The handle portion <strong>of</strong> a panhandle lot shall beconsidered as a side yard driveway. A side yard driveway shall be paved <strong>the</strong> entire length and width withcement or asphaltic concrete.(5) Side Yard, Accessory Buildings: The side yard <strong>of</strong> any accessory building shall be <strong>the</strong> same as that01/14/10 Page 47 <strong>of</strong> 230
equired for <strong>the</strong> main building.(6) Rear Yard: The minimum rear yard shall be twenty (20) feet.(7) Rear Yard, Accessory Buildings: An accessory building shall not be located closer than five (5) feetfrom <strong>the</strong> rear property line. (#906 as amended by #1002, #1055 #1077 and #1130)(8) Where a rear yard abuts dedicated, permanent public open space or similar area, a reduction in <strong>the</strong>required rear yard setback will be allowed as follows (Ord. #1374):1. Patio structures including patio covers attached to or detached from a main or accessory buildingand primarily open sided may extend into <strong>the</strong> minimum required rear yard setback, as follows:a) Patio structures or covers shall not exceed a maximum height <strong>of</strong> fifteen feet (15').b) Shall not be located closer than five feet (5') from <strong>the</strong> rear property line with eaveallowed to within three feet (3') <strong>of</strong> <strong>the</strong> rear property line.c) Shall conform to all lot coverage requirements and any additional developmentstandards including side yard setbacks.12.35.070 Maximum Building Height.(1) Thirty (30) feet for any dwelling units.(2) Fifteen (15) feet for any accessory structures. (#906)12.35.080 Minimum Distance Between Structures. The distance between any accessory building anda dwelling unit shall not be less than six (6) feet. (#906)12.35.090 Off-Street Parking. Each lot or parcel <strong>of</strong> land shall have on <strong>the</strong> same lot or parcel, spacesuitable for providing <strong>of</strong>f-street parking for at least two (2) automobiles for each dwelling unit. Suchparking facilities shall be conveniently accessible and located at a place where <strong>the</strong> erection <strong>of</strong> structuresis permitted. Such parking facilities, along with <strong>the</strong> driveways, shall be paved with cement or asphalticconcrete. For all o<strong>the</strong>r uses, <strong>of</strong>f-street parking shall be provided as prescribed in Chapter 12.85. (#906)12.35.100 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.000. (#906)12.35.110 Walls and Fences.(1) Fences, walls, and hedges not exceeding eight (8) feet in height shall be permitted, except that in arequired front yard, or side yard <strong>of</strong> a corner lot, a fence, wall or hedge shall only be located in back <strong>of</strong> <strong>the</strong>sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to a height <strong>of</strong> four(4) feet provided that <strong>the</strong> additional one (1) foot height is not a solid material. (* Also see section12.45.090 (3) for residential uses in commercial zones.)(2) For land divisions consisting <strong>of</strong> five (5) lots or more, a solid masonry wall not less than six (6) norgreater than eight (8) feet in height shall be built and maintained on those sides <strong>of</strong> property which abut anexisting medium or high density residential use exceeding twelve (12) dwelling units per acre, acommercial use or an industrial use, or an urban collector or major arterial roadway as defined in <strong>the</strong>Circulation Element <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> General Plan. (#906 as amended by #1097 and #1130)12.35.120 Sidewalks and Landscaping:01/14/10 Page 48 <strong>of</strong> 230
(1) Sidewalks shall be placed at a minimum distance <strong>of</strong> eight (8) feet behind <strong>the</strong> back <strong>of</strong> curb inaccordance with Chapters 11.15 and 11.35 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. The ZoningAdministrator may approve placement <strong>of</strong> sidewalks along <strong>the</strong> curb for infill developments which willhave less than 200 feet <strong>of</strong> road frontage.(2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 <strong>of</strong> <strong>the</strong><strong>Yuba</strong> <strong>County</strong> Ordinance Code.(3) All sidewalks, landscaping and street trees required in Sections 12.35.120(1) and 12.35.120(2) shallbe maintained by <strong>the</strong> abutting property owner unless a special district has been established for saidmaintenance. (#1077)01/14/10 Page 49 <strong>of</strong> 230
CHAPTER 12.40"R-2" MEDIUM DENSITY RESIDENTIAL ZONE"R-3" HIGH DENSITY RESIDENTIAL ZONESections12.40.010 Purpose12.40.020 Placement12.40.030 Permitted Uses12.40.040 Uses Permitted With a Conditional Use Permit12.40.050 Site Area and Configuration12.40.060 Minimum and Maximum Densities12.40.070 Minimum Yard Requirements12.40.080 Maximum Yard Requirements12.40.090 Minimum Distance Between Structures12.40.100 Lot Coverage12.40.110 Off-Street Parking12.40.120 Driveway12.40.130 Signs12.40.140 Walls and Fences12.40.150 Trash Storage12.40.160 Sidewalks and Landscaping______________________________12.40.010 Purpose.(1) To reserve appropriately located areas for family living in a variety <strong>of</strong> dwelling types at a reasonablerange <strong>of</strong> population densities.(2) To ensure adequate light, air, privacy, and open space for each dwelling unit.(3) To promote <strong>the</strong> most desirable use <strong>of</strong> land and direction <strong>of</strong> building development in accordance with <strong>the</strong>General Plan. (#906)12.40.020 Placement. The placement <strong>of</strong> <strong>the</strong> "R-2" and "R-3" Zones, are to be limited to <strong>the</strong>unincorporated areas <strong>of</strong> <strong>the</strong> <strong>County</strong> which have sanitary sewer systems and a piped water system, or whichare located within an established service area <strong>of</strong> a governmental district or utility company which can <strong>of</strong>fersuch services. (#906)12.40.030 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "R-2" and "R-3"Zones:(1) Single-family residences.(2) Multi-family dwellings.(3) Accessory buildings such as garages, carports, lath houses, greenhouses, gardening sheds, recreationrooms and similar structures which are customarily used in conjunction with and incidental to a principaluse or structure.01/14/10 Page 50 <strong>of</strong> 230
(4) Home occupation as defined in Chapter 12.95.(5) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor's temporary<strong>of</strong>fice, provided that such use is on <strong>the</strong> building site or immediately adjacent <strong>the</strong>reto, and provided fur<strong>the</strong>rthat such use shall be permitted only during <strong>the</strong> construction period and 30 days <strong>the</strong>reafter.(6) Residential care facility serving not more than six (6) individuals with <strong>the</strong> exclusion <strong>of</strong> familymembers.(7) The keeping <strong>of</strong> livestock and fowl shall be permitted on any parcel <strong>of</strong> 1 acre or larger and shallconform to <strong>the</strong> following formula:Chickens, rabbits and 100 per acre similar small animalsHorses, cattle, sheep, goats, 5 per acre and similar livestock, including hogs as fur<strong>the</strong>r restricted as follows:Hogs, except no more than 2 for each acre up one brood sow to 5, 5 for each acre <strong>the</strong>reafterNo barn, coop, stable, or corral shall be located closer than 50 feet to any abutting dwelling, except forcaretaker quarters.(8) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #1055)12.40.040 Uses Permitted With a Conditional Use Permit. The following uses and structures may bepermitted only if a Conditional Use Permit has first been secured:(1) Boarding and rooming houses.(2) Mobilehome parks.(3) Convalescent hospitals.(4) Public and private nonpr<strong>of</strong>it nursery schools, elementary schools, junior high schools, high schoolsand colleges.(5) Churches and religious institutions, private clubs and lodges, private or public playgrounds and parks,private or public golf courses.(6) Government buildings.(7) Public utility buildings and public service or utility uses (transmission and distribution linesexcepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges,power stations, transformer stations, service yards and parking lots. (#906)(8) Residential care facility serving more than six (6) individuals with <strong>the</strong> exclusion <strong>of</strong> family members.(9) The following lot configurations and yard setbacks in conjunction with development <strong>of</strong> single familyresidences where an innovative design concept is proposed that would not be reasonable using <strong>the</strong> criteriaunder Section 12.40.050 in <strong>the</strong> R-2 and R-3 zone:(a) The minimum lot width shall be forty (40) feet for interior lots and sixty (60) feet for corner lots.01/14/10 Page 51 <strong>of</strong> 230
(b) The minimum net lot area <strong>of</strong> interior lots shall average 4,200 square feet. The minimum net lotarea <strong>of</strong> corner lots shall be a minimum <strong>of</strong> 5,865 feet.(c) Side Yard, Corner Lots: The minimum side yard setbacks shall be five (5) feet from <strong>the</strong> interior lotline and twenty-two (22) feet from <strong>the</strong> back <strong>of</strong> curb. The side yard setback from one interior lot line may beeliminated when a "Zero Lot Line" or "Z Lot" configuration is proposed.(d) Side Yard, Interior Lots: The total minimum side yard setback shall be ten (10) feet.(e) Rear Yard: The minimum rear yard setback shall be ten (10) feet. (#906 as amended by #1055and #1130)12.40.050 Site Area and Configuration.(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be 6,000 square feet for interior lots and 7,365square feet for corner lots, except in a Planned Unit Development project or as provided in Section12.40.040(9).(2) The minimum lot width <strong>of</strong> any lot or parcel <strong>of</strong> land shall be sixty (60) feet for interior lots and seventyfive (75) feet for corner lots, and <strong>the</strong> minimum street frontage shall be forty (40) feet, except in a PlannedUnit Development project or as provided for in Sections 12.40.040(9) or 12.40.050(3).(3) The minimum lot width and street frontage requirements shall be waived where all <strong>of</strong> <strong>the</strong> followingconditions exist:(a) The configuration <strong>of</strong> <strong>the</strong> lot prior to division does not permit division in accordance with standards setforth in 12.40.050(2).(b) The lot, prior to division, contains sufficient lot area to permit division into parcels which will eachcontain <strong>the</strong> minimum square footage required under <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> zone.(c) The access width serving <strong>the</strong> parcel(s) will be not less than 20'for a single rear parcel, not less than 30'for an access serving 5 to 6 parcels, or not less than 50'for access serving seven or more parcels. (#906 asamended by #1002 #1077 and #1130)12.40.060 Minimum and Maximum Densities. Residential development shall be consistent with <strong>the</strong>following range <strong>of</strong> densities:(1) “R-2” – 8 to 17 dwellings per acre, or 8 to 19 dwellings per acre within a Planned Unit Developmentproject.(2) “R-3” – 14 to 29 dwellings per acre, or 14 to 32 dwellings per acre within a Planned UnitDevelopment project.In computing <strong>the</strong> number <strong>of</strong> units allowed, fractions shall not count. (#906, as amended by #1335)12.40.070 Minimum Yard Requirements.(1) Front Yard: The minimum front yard setback shall be twenty-seven (27) feet from <strong>the</strong> back <strong>of</strong> curb for01/14/10 Page 52 <strong>of</strong> 230
esidences and thirty-two (32) feet from <strong>the</strong> back <strong>of</strong> curb for garages or carports, except as follows:(a) Two car enclosed garages may have a twenty-seven foot setback where <strong>the</strong> access is by a swingdriveway.(b) Development <strong>of</strong> infill interior lots within an established subdivision or neighborhood shall have asetback for residences which is equal to <strong>the</strong> average setback <strong>of</strong> <strong>the</strong> block. (#906 as amended by#1002,#1055, #1077, and #1130)(2) Side Yard, Corner Lots: The side yard setback for corner lots shall be five (5) feet from <strong>the</strong> interior lotline and twenty-two (22) feet from <strong>the</strong> back <strong>of</strong> curb, except as provided for in Section 12.40.040(9). Agarage or carport having an entrance fronting on <strong>the</strong> street adjacent to <strong>the</strong> side yard shall be set back at leastthirty-two (32) feet from <strong>the</strong> back <strong>of</strong> curb. (#906 as amended by#1002, #1055, #1077, and #1130)(3) Side Yard, Interior: The minimum side yard shall be five (5) feet (except as provided for in Section12.40.040(9). (#906 as amended by#1002, #1055)(4) Side Yard, Accessory Buildings: The side yard <strong>of</strong> any accessory building shall be <strong>the</strong> same as thatrequired for <strong>the</strong> main building. (#906 as amended by#1002, #1055)(5) Rear Yard, Interior: The minimum rear yard shall be fifteen (15) feet (except as provided for in Section12.40.040(9). (#906 as amended by#1002, #1055)(6) Rear Yard, Accessory Buildings: An accessory building shall not be located closer than five (5) feetfrom <strong>the</strong> rear property line. (#906 as amended by #1002, #1055 #1077 and #1130)(7) Where a rear yard abuts dedicated, permanent public open space or similar area, a reduction in <strong>the</strong>required rear yard setback will be allowed as follows (Ord. #1374):1. Patio structures including patio covers attached to or detached from a main or accessorybuilding and primarily open sided may extend into <strong>the</strong> minimum required rear yard setback,as follows:a) Patio structures or covers shall not exceed a maximum height <strong>of</strong> fifteen feet (15').b) Shall not be located closer than five feet (5') from <strong>the</strong> rear property line with eaveallowed to within three feet (3') <strong>of</strong> <strong>the</strong> rear property line.C. Shall conform to all lot coverage requirements and any additional developmentstandards including side yard setbacks.12.40.080 Maximum Building Height.(1) Thirty (30) feet for any dwelling units.(2) Fifteen (15) feet for any accessory structures. (#906)12.40.090 Minimum Distance Between Structures. The distance between any accessory building and adwelling unit shall not be less than six (6) feet. (#906) (* Also see section 12.40.030 (7).)12.40.100 Lot Coverage. The maximum lot area covered by all buildings, including accessory buildingsand structures, shall be 60 percent.01/14/10 Page 53 <strong>of</strong> 230
12.40.110 Off-Street Parking. Each lot or parcel <strong>of</strong> land shall have on <strong>the</strong> same lot or parcel, spacesuitable for providing <strong>of</strong>f-street parking for at least two (2) automobiles for each dwelling unit. Suchparking facilities shall be conveniently accessible and located at a place where <strong>the</strong> erection <strong>of</strong> structures ispermitted. Such parking facilities, along with <strong>the</strong> driveways, shall be paved with cement or asphalticconcrete.For all o<strong>the</strong>r uses, <strong>of</strong>f-street parking shall be provided as prescribed in Chapter 12.85. (#906)12.40.130 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.000. (#906)12.40.140 Walls and Fences.(1) Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, except that in arequired front yard, or side yard <strong>of</strong> a corner lot, a fence, wall or hedge shall only be located in back <strong>of</strong> <strong>the</strong>sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to a height <strong>of</strong> four(4) feet provided that <strong>the</strong> additional one (1) foot height is not <strong>of</strong> a solid material.(2) For medium or high density residential projects exceeding twelve (12) dwelling units per acre, a solidmasonry wall not less than six (6) nor greater than eight (8) feet in height shall be built and maintained onthose sides <strong>of</strong> property which abut a low density residential zone or an existing commercial or industrial use.This provision shall be met before <strong>the</strong> Certificate <strong>of</strong> Occupancy may be issued by <strong>the</strong> Building Official.(#906 as amended by #1097 and #1130)12.40.150 Trash and Storage. All common refuse collection areas shall be enclosed on at least three (3)sides by a five (5) foot high wall, said wall shall be constructed <strong>of</strong> masonry or o<strong>the</strong>r material as specificallyapproved by <strong>the</strong> Planning Director. (#906, #1405)12.40.160 Sidewalks and Landscaping:(1) Sidewalks shall be placed at a minimum distance <strong>of</strong> eight (8) feet behind <strong>the</strong> back <strong>of</strong> curb in accordancewith Chapters 11.15 and 11.35 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. The Zoning Administrator mayapprove placement <strong>of</strong> sidewalks along <strong>the</strong> curb for infill developments which will have less than 200 feet <strong>of</strong>road frontage.(2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 <strong>of</strong> <strong>the</strong><strong>Yuba</strong> <strong>County</strong> Ordinance Code.(3) All sidewalks, landscaping and street trees required in Sections 12.40.160(1) and 12.40.160(2) shall bemaintained by <strong>the</strong> abutting property owner unless a special district has been established for saidmaintenance. (#1077 amended by #1130)01/14/10 Page 54 <strong>of</strong> 230
CHAPTER 12.42"NC" NEIGHBORHOOD COMMERCIAL ZONESections12.42.010 Purpose12.42.020 Permitted Uses12.42.030 Uses Permitted With a Conditional Use Permit12.42.035 Uses and Structures Permitted With a Minor Conditional Use Permit12.42.040 Public Facilities12.42.045 Lot Coverage12.42.050 Hours <strong>of</strong> Operation12.42.055 Minimum Yard Requirements12.42.060 Maximum Building Height12.42.070 Off-Street Parking12.42.080 Signs12.42.090 Walls and Fences12.42.100 Trash and Storage12.42.110 Division <strong>of</strong> Land12.42.120 Sidewalks and Landscaping______________________________12.42.010 Purpose.(1) To provide areas for small localized retail, <strong>of</strong>fice and service businesses.(2) To allow for <strong>the</strong> retail sale <strong>of</strong> goods and merchandise serving <strong>the</strong> immediate surrounding area.(3) To protect surrounding residential properties against congestion and inappropriate land use.(#1357, #1403)12.42.020 Permitted Uses. The following uses conducted with an existing building, and containingadequate parking, shall be permitted in <strong>the</strong> “NC” Zone:(1) Retail trade establishments conducted within an existing building, including but notlimited to:(a) General merchandise stores.(b) Food markets including <strong>the</strong> sale <strong>of</strong> beer and wine.(c) Apparel stores.(d) Drug stores.(2) Financial, Insurance and Real Estates establishments.(3) Service establishments including but not limited to:(a) Personal service, barber shops, beauty shops, dry cleaners, shoe repair.01/10 Page 55 <strong>of</strong> 230
(b ) Business services.(c) Pr<strong>of</strong>essional services.(d) General <strong>of</strong>fices.(e) Legal services.(f) Health clubs, fitness centers, gyms, and athletic clubs.(4) Churches and religious institutions.(5) Family Day Care Homes and Day Care Centers in accordance with Chapter 12.120.(6) Private Clubs, Lodges and Fraternal Organizations.(7) Single-family residence. (#1357, #1403)12.42.030 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted only if a Conditional Use Permit has been secured:(1) Eating and drinking places.(2) Medical <strong>of</strong>fices.(3) Parks and playgrounds.(4) Tattoo and piercing parlors.(5) Laundromats.(6) Mini-storage, located entirely within an enclosed structure.(7) Government and Emergency Service Facilities (#1357, #1403, #1488)12.42.035 Uses and Structures Permitted With a Minor Conditional Use Permit.(1) Residential uses permitted in <strong>the</strong> R-1 Zone.(2) Structures necessary to accommodate usage identified in section 12.42.020. (#1357, #1403)12.42.040 Public Facilities: All developments shall be provided with domestic water and sanitarysewer if available. (#1357, #1403)12.42.045 Lot Coverage. Structures shall cover no more than 30% <strong>of</strong> <strong>the</strong> gross site area. A minorconditional use permit may be issued to allow up to 45% site coverage. (#1357, #1403)12.42.050 Hours <strong>of</strong> Operation: Businesses may operate between <strong>the</strong> hours <strong>of</strong> 7 a.m. and 8 p.m.,unless a minor conditional use permit has been issued for extended hours <strong>of</strong> operation for <strong>the</strong>specified use. (#1357, #1403)01/10 Page 56 <strong>of</strong> 230
12.42.055 Minimum Yard Requirements:(1) Front Yard: five foot front yard shall be required except where <strong>the</strong> frontage in a block is partiallyin a residential district. Where a public street does not provide for a public street does not provide fora sidewalk within <strong>the</strong> right-<strong>of</strong>-way, a 10 foot setback shall be provided.(2) Side Yard: four foot side yard shall be required, except where <strong>the</strong> side yard <strong>of</strong> a lot abuts <strong>the</strong> side<strong>of</strong> a lot in a residential district in which case <strong>the</strong> side yard shall be not less than five (5) feet.(3) Rear Yards: five foot rear yard shall be required, except where <strong>the</strong> rear <strong>of</strong> a lot abuts a residentialdistrict, in which case <strong>the</strong> rear yard shall be not less than ten (10) feet.(4) Setbacks may be amended or eliminated with a minor conditional use permit. (#1357 #1403)12.42.060 Maximum Building Height: No building or structure in this zone shall exceed 35 feet.(#1357, #1403)12.42.070 Off-Street Parking: Off-street parking shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter12.85.000. However, parking may be based on net floor area to exclude storage. (#1357, #1403)12.42.080 Signs: Signage shall be limited to uses allowed under Chapter 12.90.000 and shall notexceed twenty-five (25) square feet. (#1357, #1403)12.42.090 Walls and Fences:(1) Walls and fences for Conditional Uses shall be determined in conformance with <strong>the</strong> character <strong>of</strong><strong>the</strong> neighborhood in which <strong>the</strong> use is to be situated, including trash and storage pursuant to 12.42.100.(2) A solid masonry wall or wood fence not less than six (6) nor greater than eight (8) feet in heightshall be built and maintained on those sides <strong>of</strong> property which abut a residential zone. This provisionshall be met before <strong>the</strong> Certificate <strong>of</strong> Occupancy may be issued by Community Development andServices Agency's Building Official.(3) Fencing along front and side yards which abuts a public right-<strong>of</strong>-way shall be subject to reviewand approval by <strong>the</strong> Planningt Director or <strong>the</strong> Director's designee.(4) Chain link fences are prohibited on those sides <strong>of</strong> property adjacent to a public right-<strong>of</strong>-way.(#1357, #1403)12.42.100 Trash and Storage. All outdoor refuse collection areas shall be enclosed on at least three(3) sides by a five (5) foot high wall. The wall shall be constructed <strong>of</strong> masonry or o<strong>the</strong>r material asspecifically approved by <strong>the</strong> Planning Director. (#1357, #1403)12.42.110 Division <strong>of</strong> Land. All division <strong>of</strong> real property as regulated in Chapter 11.15 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong><strong>County</strong> Ordinance Code shall comply with <strong>the</strong> following requirements:(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be six thousand (6,000) gross square feetwhen provided with domestic water, sanitary sewer, and storm water drainage systems.(2) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be twenty thousand (20,000) net square feet01/10 Page 57 <strong>of</strong> 230
when domestic water, sanitary sewer, or storm water drainage systems are not available. (#1357,#1403)12.42.120 Sidewalks and Landscaping:(1) Sidewalks shall be placed at a minimum distance <strong>of</strong> four (4) feet behind <strong>the</strong> back <strong>of</strong> curb. TheZoning Administrator may approve placement <strong>of</strong> sidewalks along <strong>the</strong> curb <strong>of</strong> infill developmentswhich will have less than 200 feet <strong>of</strong> road frontage.(2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 <strong>of</strong><strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code, or as determined by an approved minor conditional use permit.(3) All sidewalks, landscaping and street trees required in Sections 12.45.120(1) and 12.45.120(2)shall be maintained by <strong>the</strong> property owner unless a special district has been established for saidmaintenance. (#1357, #1403)01/10 Page 58 <strong>of</strong> 230
CHAPTER 12.43“RC” RURAL COMMERCIAL ZONESections12.43.010 Purpose12.43.020 Permitted Uses12.43.030 Uses Permitted With a Conditional Use Permit12.43.040 Public Facilities12.43.050 Minimum Yard Requirements12.43.060 Maximum Building Height12.43.070 Off-Street Parking12.43.080 Signs12.43.090 Walls and Fences12.43.100 Division <strong>of</strong> Land_________________________________________________12.43.010 Purpose.(1) To provide for <strong>the</strong> location <strong>of</strong> Commercial uses within a limited and appropriate area <strong>of</strong> a ruralcommunity.(2) To enhance rural community identity.(3) To encourage development <strong>of</strong> rural community business centers where a range <strong>of</strong> goods and servicesmay be provided. (#906, #1403)12.43.020 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> “RC” Zone:(1) One single family residence, or manufactured dwelling, in conjunction with a commercial use.(2) One single family residence or manufactured dwelling not in conjunction with a commercial useproviding that <strong>the</strong> remaining useable major public road frontage <strong>of</strong> <strong>the</strong> parcel on which such dwelling isplaced is minimum <strong>of</strong> two hundred (200) feet.(3) Growing and harvesting any agricultural crop or product and <strong>the</strong> use <strong>of</strong> implements <strong>of</strong> husbandryexcluding aircraft in such pursuit.(4) Accessory buildings used in conjunction with and incidental to a principal use or structure.(5) Home occupations as defined in Chapter 12.95.(6) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor’s temporary<strong>of</strong>fice, provided that such use is on <strong>the</strong> building site or immediately adjacent <strong>the</strong>reto, and providedfur<strong>the</strong>r that such use shall be permitted only during <strong>the</strong> construction period and 30 days <strong>the</strong>reafter.(7) Accessory buildings or structures required for <strong>the</strong> storage <strong>of</strong> any crops, products, equipment or uses01/10 Page 59 <strong>of</strong> 230
lawfully permitted or produced on <strong>the</strong> premises.(8) Livestock and fowl farming including raising, maintaining, and breeding <strong>of</strong> horses, cattle, hogs,rabbits, chickens and similar livestock. No barns, coops, stable or corral shall be located closer than 50feet to any abutting dwelling, except for caretaker quarters. The keeping <strong>of</strong> hogs shall not include morethan one brood sow. Any additional brood sows shall constitute a hog farm and shall require aConditional Use Permit.(9) Windmills, tank house, buildings or shelters for farm equipment and machinery, water wells, waterreservoirs and storage tanks.(10) Retail trade establishments including but not limited to:(a) General merchandise stores.(b) Food stores.(c) Apparel stores.(d) Drug stores.(e) Liquor stores.(f) Eating and drinking places.(g) Automotive supply.(h) Automotive service stations, repair garages and tire sales excluding painting and body workproviding repair is conducted solely within a building.(i) Equipment rental when conducted within a building.(11) Wholesale trade establishments excluding warehouses, when conducted solely within a building.(12) Financial, insurance and real estate establishments.(13) Service establishments including but not limited to:(a) Personal services, barber shops, beauty shops, laundries, dry cleaners, shoe repair.(b) Business services.(d) Pr<strong>of</strong>essional services.(d) General <strong>of</strong>fices including government <strong>of</strong>fices.(e) Health clubs, fitness centers, gyms, and athletic clubs.(f) Legal services.(g) Educational services, libraries, vocational and technical schools.01/10 Page 60 <strong>of</strong> 230
(h) Medical and health services.(i) Amusement and recreation services excluding video arcades displaying material <strong>of</strong> a sexualnature.(j) Hotels and motels.(14) Underground public utility facilities.(15) Public utility transmission and distribution lines.(16) Churches or religious institutions.(17) Family Day Care Homes and Day Care Centers in accordance with Chapter 12.120. (#906 asamended by #1055, #1403)12.43.030 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted only if a Conditional Use Permit has first been secured:(1) Automobile dealers.(2) Mobilehome sales.(3) Automotive paint and body shops.(4) Ambulance service.(5) Animal hospital without outdoor kennels.(6) Bottled gas sale and related storage.(7) Cabinet shop.(8) Hospital, acute care.(9) Household moving and storage service.(10) Mini-storage warehouses.(11) Pest control(12) Building supplies store and yard.(13) Auto wash, self service or automatic(14) Bus depot.(15) Equipment sales and rental involving outdoor storage.(16) “Drive-in” <strong>the</strong>ater.01/10 Page 61 <strong>of</strong> 230
(17) Public and private nursery schools, elementary schools, junior high schools, high schools andcolleges.(18) Private clubs and lodges and fraternal organizations.(19) Public playgrounds and parks.(20) Private or public golf courses.(21) Public utility facilities, accessory structures, and service yards.(22) Recreational vehicle and travel trailer parks. (#906, #1403)12.43.040 Public Facilities. All developments shall be provided with approved domestic water, wastewater disposal and storm water drainage facilities.12.43.050 Minimum Yard Requirements.(1) Front Yard: No front yard shall be required.(2) Side Yard: The side yard shall be not less than five (5) feet.(3) Rear Yard: <strong>the</strong> rear yard shall be not less than twenty (20) feet. (#906, #1403)12.43.060 Maximum Building Height. No building or structure in this zone shall exceed 35 feet,except as o<strong>the</strong>rwise permitted with a Conditional Use Permit.12.43.070 Off-Street Parking. Off-street parking shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.85.(#906)12.43.080 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.12.43.090 Walls and Fences.(1) Walls and fences for Conditional Uses shall be determined by <strong>the</strong> Planning Commission inconformance with <strong>the</strong> character <strong>of</strong> <strong>the</strong> neighborhood in which <strong>the</strong> use is to be situated. (#906, #1403)12.43.100 Division <strong>of</strong> Land. All division <strong>of</strong> real property as defined in Chapter 11.15 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong><strong>County</strong> Ordinance Code shall comply with <strong>the</strong> following requirements:(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be twenty thousand (20,000 square feet unlessconnected to a public or private sewer system whereupon <strong>the</strong> minimum area <strong>of</strong> a lot or parcel <strong>of</strong> landshall be six thousand (6,000) square feet.(2) Each lot or parcel shall have a minimum <strong>of</strong> 60 feet <strong>of</strong> public road frontage. (#906, #1403)01/10 Page 62 <strong>of</strong> 230
CHAPTER 12.45"C" GENERAL COMMERCIAL ZONESections12.45.010 Purpose12.45.020 Permitted Uses12.45.030 Uses Permitted With a Conditional Use Permit12.45.035 Uses Permitted With a Minor Conditional Use Permit12.45.040 Public Facilities12.45.050 Minimum Yard Requirements12.45.060 Maximum Building Height12.45.070 Off-Street Parking12.45.080 Signs12.45.090 Walls and Fences12.45.100 Trash and Storage12.45.110 Division <strong>of</strong> Land12.45.120 Sidewalks and Landscaping______________________________12.45.010 Purpose.(1) To promote <strong>the</strong> most desirable use <strong>of</strong> land and direction <strong>of</strong> building development in accordancewith <strong>the</strong> General Plan.(2) To streng<strong>the</strong>n <strong>the</strong> economic base <strong>of</strong> <strong>the</strong> <strong>County</strong> and to protect <strong>the</strong> <strong>County</strong>'s tax revenues.(3) To protect both retail development and nearby residences against congestion, particularly in areaswhere <strong>the</strong> established pattern is predominantly residential but includes local retail uses by regulating<strong>the</strong> intensity <strong>of</strong> local retail development. (#906, #1403)12.45.020 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "C" Zone:(1) All permitted uses in '12.35.030 (R-1 Zone) subject to <strong>the</strong> development standards contained in12.35.060 through 12.35.160 (* Note that section 12.45.090 (3) prohibits chain link fencing adjacentto public rights-<strong>of</strong>-way in <strong>the</strong> “C” zone.) and multi-family development between 14 and 29 dwellingsper acre provided that one or more <strong>of</strong> <strong>the</strong> policies <strong>of</strong> <strong>the</strong> Housing Element are included in <strong>the</strong>development subject to <strong>the</strong> development standards contained in 12.40.060 through 12.40.160. (#1335)(2) Retail trade establishments conducted primarily within a building, including but not limited to:(a) General merchandise stores(b) Food stores(c) Apparel stores(d) Drug stores(e) Liquor stores01/10 Page 63 <strong>of</strong> 230
(f) Eating and drinking places(g) Automotive supplies(3) Wholesale trade establishments excluding warehouses, when conducted solely within abuilding.(4) Financial, Insurance and Real Estate establishments.(5) Service establishments including but not limited to:(i) Personal service, barber shops, beauty shops, laundries, dry cleaners, shoe repair(b) Business services(j) Pr<strong>of</strong>essional services(d) General <strong>of</strong>fices including government <strong>of</strong>fices(e) Health clubs, fitness centers, gyms, and athletic clubs(g) Legal services(c) Educational services, libraries, vocational and technical schools(h) Medical and health services(a) Amusement and recreation services excluding video arcades displaying material <strong>of</strong> asexual nature(f) Hotels and motels(6) Underground public utility transmission and distribution lines(7) Public utility transmission and distribution lines(8) Churches and religious institutions(9) Automobile dealers (new and used).(10) Mobilehome sales(11) Automobile service stations, repair garages and tire sales excluding painting and body workproviding repair is conducted within a building.(12) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #992,#1055, #1335, #1403)12.45.030 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted only if a Conditional Use Permit has first been secured:01/10 Page 64 <strong>of</strong> 230
(1) Deleted (#1335)(2) Animal hospital without outdoor kennels.(3) Bottled gas sale and related storage.(4) Pest control service.(5) Building supplies store and yard.(6) Bus depot.(7) Equipment sales and rental involving outdoor storage.(8) "Drive-in" <strong>the</strong>ater.(9) Public and private nursery schools, elementary schools, junior high schools, high schools andcolleges.(10) Public playgrounds and parks.(11) Private or public golf courses.(12) Public utility facilities, accessory structures, and service yards. (#906 as amended by #1178,#1403)12.45.035 Uses Permitted With a Minor Conditional Use Permit.(1) Automobile paint and body shops.(2) Ambulance service.(3) Cabinet shop.(4) Hospital, Acute Care.(5) Household moving and storage service.(6) Mini-storage warehouse.(7) Auto wash, self service or automatic.(8) Private clubs and lodges and fraternal organizations.(9) Bottled gas sale and related storage involving containers less than 1,000 gallons in size. (#1178 asamended by #1239, #1403)12.45.040 Public Facilities. All developments shall be provided with domestic water, sanitarysewer, and storm water drainage system. (#906, #1403)01/10 Page 65 <strong>of</strong> 230
12.45.050 Minimum Yard Requirements.(1) Front Yard: The minimum front yard shall be required, except where <strong>the</strong> frontage in a block ispartially in a residential district, in which case <strong>the</strong> front yard shall be <strong>the</strong> same as required in suchresidential district. Where a public street does not provide for a sidewalk within <strong>the</strong> right-<strong>of</strong>-way, a 10foot setback shall be provided.(2) Side Yard: No side yard shall be required, except where <strong>the</strong> side yard <strong>of</strong> a lot abuts <strong>the</strong> side <strong>of</strong> alot in a residential district in which case <strong>the</strong> side yard shall be not less than fifteen (15) feet.(3) Rear Yards: No rear yard shall be required, except where <strong>the</strong> rear <strong>of</strong> a lot abuts a residentialdistrict, in which case <strong>the</strong> rear yard shall be not less than twenty (20) feet. (#906, #1403)12.45.060 Maximum Building Height. No building or structure in this zone shall exceed 35 feet,except as o<strong>the</strong>rwise permitted with a Conditional Use Permit. (#906, #1403)12.45.070 Off-Street Parking. Off-street parking shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter12.85.000. (#906, #1403)12.45.080 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.000. (#906, #1403)12.45.090 Walls and Fences.(1) Walls and fences for Conditional Uses shall be determined by <strong>the</strong> Planning Commission inconformance with <strong>the</strong> character <strong>of</strong> <strong>the</strong> neighborhood in which <strong>the</strong> use is to be situated.(2) A solid masonry wall not less than six (6) nor greater than eight (8) feet in height shall be builtand maintained on those sides <strong>of</strong> property which abut a residential zone. This provision shall be metbefore <strong>the</strong> Certificate <strong>of</strong> Occupancy may be issued by <strong>the</strong> Community Development and ServicesAgency's Building Official.(3) Fencing along front and side yards which abuts a public right-<strong>of</strong>-way shall be subject to reviewand approval by <strong>the</strong> Planning Director or <strong>the</strong> Director's designee. Chain link fences are prohibited onthose sides <strong>of</strong> property adjacent to a public right-<strong>of</strong>-way. (#906 as amended by #1130, $1403)12.45.100 Trash and Storage. All refuse collection areas shall be enclosed on at least three (3) sidesby a five (5) foot high wall, said wall shall be constructed <strong>of</strong> masonry <strong>of</strong> o<strong>the</strong>r material as specificallyapproved by <strong>the</strong> Planning and Building Services Director. (#906 as amended by #1130, #1403)12.45.110 Division <strong>of</strong> Land. All division <strong>of</strong> real property as regulated in Chapter 11.15 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong><strong>County</strong> Ordinance Code shall comply with <strong>the</strong> following requirements:(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be six thousand (6,000) square feet.(2) Each lot shall have a minimum <strong>of</strong> 60 feet frontage.(3) Shall be provided with domestic water, sanitary sewer, and storm water drainage systems.(#906, #1403)12.45.120 Sidewalks and Landscaping:01/10 Page 66 <strong>of</strong> 230
(1) Sidewalks shall be placed at a minimum distance <strong>of</strong> eight (8) feet behind <strong>the</strong> back <strong>of</strong> curb inaccordance with Chapters 11.15 and 11.35 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. The ZoningAdministrator may approve placement <strong>of</strong> sidewalks along <strong>the</strong> curb <strong>of</strong> infill developments which willhave less than 200 feet <strong>of</strong> road frontage.(2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 <strong>of</strong><strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code.(3) All sidewalks, landscaping and street trees required in Sections 12.45.120(1) and 12.45.120(2)shall be maintained by <strong>the</strong> abutting property owner unless a special district has been established forsaid maintenance. (#1077, #1403, #1405)01/10 Page 67 <strong>of</strong> 230
CHAPTER 12.50"M-1" GENERAL INDUSTRIAL ZONESections12.50.010 Purpose12.50.020 Permitted Uses12.50.030 Uses Permitted With a Conditional Use Permit12.50.040 Site Area and Configuration12.50.060 Minimum Yard Requirements12.50.070 Maximum Building Height12.50.080 Off-Street Parking12.50.090 Signs12.50.100 Walls and Fences12.50.110 Trash Storage______________________________12.50.010 Purpose.(1) To reserve appropriately located areas for industrial plants and related activities.(2) To protect areas appropriate for industrial use from intrusion by residential dwellings and o<strong>the</strong>rconflicting uses.(3) To protect residential and commercial properties and nuisance-free, nonhazardous industrial usesfrom noise, odor, dust, dirt, smoke, vibration, heat, glare, fire, explosion, noxious fumes, radiation ando<strong>the</strong>r hazards and objectionable influence incidental to certain industrial uses.4) To promote <strong>the</strong> most desirable use <strong>of</strong> land and development in accordance with <strong>the</strong> General Plan <strong>of</strong><strong>Yuba</strong> <strong>County</strong>. (#906)12.50.020 Permitted Uses. The following manufacturing, fabricating, processing and storage usesand associated structures shall be permitted in this zone:(1) Apparel and finished products made from fabric and similar materials.(2) Concrete and asphalt mixing plants.(3) Food and beverages including ice, dry ice and cold storage.(4) Furniture, fixtures and cabinets.(5) Instruments, optics, photographic equipment and supplies.(6) Jewelry, silverware and metalware.(7) Lea<strong>the</strong>r and lea<strong>the</strong>r products.(8) Lumber and wood products including mobilehome, modular home and prefabricated structures.01/10 Page 68 <strong>of</strong> 230
(9) Machinery including electrical, electronic and communications.(10) Metal products.(11) Miscellaneous goods and supplies including but not limited to armaments, musical instruments,toys and games, sporting and athletic goods and artists materials.(12) Stone, clay, glass and concrete products.(13) Textiles.(14) Transportation equipment and machinery.The following non-manufacturing uses and associated structures shall be permitted in this zone:(15) Ambulance service.(16) Automotive and o<strong>the</strong>r machinery repair, service and storage. (* Includes auto body repair andpainting)(17) Building construction and special trade contractor's shops and service yards.(18) Building material sales yard.(19) Exterminating and pest control service.(20) Granaries.(21) Hatcheries.(22) Parcel delivery service.(23) Public Utility facilities. (* Includes cell towers)(24) Oil and gas well service and supply.(25) Research laboratories.(26) Transportation facilities and terminals.(27) Warehousing.(28) Agricultural uses including growing and harvesting any agricultural crop or product,aquaculture, agricultural service establishments primarily engaged in performing agricultural animalhusbandry services or horticultural services to farmers, and livestock and fowl farming.(29) Government and Emergency Service Facilities. (#923 as amended by #939, #1055, #1422,#1488)01/10 Page 69 <strong>of</strong> 230
12.50.030 Uses Permitted With a Conditional Use Permit. The following manufacturing,fabricating, processing and storage uses and associated structures shall be permitted in this zone onlyif a Conditional Use Permit has first been secured:(1) Animal slaughtering.(2) Bone distillation.(3) Chemicals including but not limited to basic chemicals, cleaning agents, cosmetics, explosives,fertilizers, gases, medicinal and botanical products, paints, pesticides, pharmaceutical, plastics, andsyn<strong>the</strong>tic fibers.(4) Metal smelting and refining.(5) Ordnance.(6) Paper, pulp mills and paper products.(7) Petroleum refining including paving and ro<strong>of</strong>ing materials.(8) Rubber products.The following non-manufacturing uses and associated structures shall be permitted in this zone only ifa Conditional Use Permit has first been secured:(9) Animal stock yards, feed lots and dairies.(10) Dumping, disposal, incineration, and reduction <strong>of</strong> garbage, dead animals, and refuse.(11) Junk yards, automobile wrecking yards, building materials, wrecking yards, storage and baling<strong>of</strong> scraps, paper, rags, sacks and scrap metal.(12) Oil and gas well drilling and operation.(13) Power generation facilities.(14) A caretaker dwelling unit to be used exclusively by an employee or watchman.(15) Picture arcades not including premises owned or operated by a public entity or premises ontowhich persons <strong>of</strong> any age, unaccompanied by a parent or o<strong>the</strong>r adult, lawfully may enter, remain andparticipate in all activities lawfully conducted <strong>the</strong>reon.(16) One single-family dwelling per parcel.(17) Kennels.(18) Retail sales <strong>of</strong> goods, wares or merchandise which are manufactured, renovated or repaired on<strong>the</strong> property.(19) Jail and detention centers.01/10 Page 70 <strong>of</strong> 230
(20) Sex oriented entertainment business. (#906 as amended by #939, #1055, #1077 and #1197)12.50.040 Site Area and Configuration.(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land in "M-1" Zone shall be 10,000 square feet.(2) The minimum lot width and public street frontage <strong>of</strong> any lot or parcel <strong>of</strong> land shall be sixty (60)feet. (#906)12.50.060 Minimum Yard Requirements.(1) Front Yard: No front yard shall be required, except where <strong>the</strong> frontage in a block is partially in aresidential district, in which case <strong>the</strong> front yard shall be <strong>the</strong> same as required in such residentialdistrict.(2) Side Yard: No side yard shall be required, except that a 15 foot setback shall be required where aparcel occurs within a block lying partly within a residential district.(3) Rear Yard: No rear yard shall be required, except where <strong>the</strong> rear <strong>of</strong> a lot abuts a residentialdistrict, in which case <strong>the</strong> rear yard shall be not less than twenty (20) feet. (#906)12.50.070 Maximum Building Height.(1) No building or structure in this zone shall exceed seventy-five (75) feet.(2) Exceptions: Water tanks, electronic towers, smokestacks, antennas and similar structures <strong>of</strong>necessary mechanical appurtenance may exceed seventy-five (75) feet in height, provided <strong>the</strong>y are incompliance with airport height, provided <strong>the</strong>y are in compliance with airport height restrictions in <strong>the</strong>regulated airport approach zones. (#906 as amended by #924)12.50.080 Off-Street Parking. Off-street parking shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.85.(#906)12.50.090 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90. (#906)12.50.100 Walls and Fences.(1) Walls and fences for Conditional Uses shall be determined by <strong>the</strong> Planning Commission inconformance with <strong>the</strong> character <strong>of</strong> <strong>the</strong> neighborhood in which <strong>the</strong> use is to be situated.(2) A solid masonry wall not less than six (6) nor greater than eight (8) feet in height shall be builtand maintained on those sides <strong>of</strong> property which abut a residential zone. This provision shall be metbefore <strong>the</strong> Certificate <strong>of</strong> Occupancy may be issued by <strong>the</strong> Community Development and ServicesAgency’s Building Official.(3) Fencing along front and side yards which abuts a public right-<strong>of</strong>-way shall be subject to reviewand approval by <strong>the</strong> Planning Director or <strong>the</strong> Director's designee. Chain link fences are prohibited onthose sides <strong>of</strong> property adjacent to a public right-<strong>of</strong>-way. (#906 as amended by #1130, #1405)12.50.110 Trash Storage. All refuse collection areas shall be enclosed on at least three (3) sides by afive (5) feet high wall, said wall shall be constructed <strong>of</strong> masonry or o<strong>the</strong>r material as specifically01/10 Page 71 <strong>of</strong> 230
approved by <strong>the</strong> Planning Director. (#906)12.50.120 Sidewalks and Landscaping:(1) Sidewalks shall be placed at a minimum distance <strong>of</strong> eight (8) feet behind <strong>the</strong> back <strong>of</strong> curb inaccordance with Chapters 11.15 and 11.35 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. The ZoningAdministrator may approve placement <strong>of</strong> sidewalks along <strong>the</strong> curb <strong>of</strong> infill developments which willhave less than 200 feet <strong>of</strong> road frontage.(2) Live landscaping and matching street trees shall be planted in accordance with Chapter 12.87 <strong>of</strong><strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code.(3) All sidewalks, landscaping and street trees required in Sections 12.50.120(1) and 12.50.120(2)shall be maintained by <strong>the</strong> abutting property owner unless a special district has been established forsaid maintenance. (#1077)01/10 Page 72 <strong>of</strong> 230
CHAPTER 12.55“M-2” EXTRACTIVE INDUSTRIAL ZONESections12.55.010 Purpose12.55.020 Definition12.55.030 Permitted Use12.55.040 Accessory Uses and Structures12.55.050 Uses Permitted With a Conditional Use Permit12.55.070 Code Compliance12.55.010 Purpose. This zone is established primarily for <strong>the</strong> extraction, processing and distribution<strong>of</strong> minerals occurring naturally such as sand, gravel, ores and precious metals, and under certainpermitted conditions blending said natural materials with imported materials. (#906)12.55.020 Definition. The term extractive industrial shall include, but not be limited to <strong>the</strong> following:(1) Surface mining, underground mining and removal <strong>of</strong> overburden for <strong>the</strong> recovery <strong>of</strong> preciousmetals and industrial minerals including commercial and industrial aggregate.(2) Quarrying.(3) Dredging.(4) Milling, crushing, screening, washing, flotation and bagging.(5) Oil and gas exploration and development.(6) O<strong>the</strong>r preparation customarily done at a mining site or as part <strong>of</strong> mining activity. (#906)12.55.030 Permitted Uses. The following additional uses shall be permitted in this zone:(1) Concrete products production from a combination <strong>of</strong> Portland cement and aggregate.(2) Ready mixed concrete production and distribution.(3) Central mixed concrete production and distribution.(4) Shrink mixed concrete production and distribution.(5) Transit mixed concrete production and distribution.(6) Asphalt and asphaltic mixtures for paving which combine sand and/or aggregate with asphalt andasphaltic materials. (#906)12.55.040 Accessory Uses and Structures. Accessory uses and structures are permitted in Zone M-2provided <strong>the</strong>y are incidental to and do not substantially alter <strong>the</strong> character <strong>of</strong> <strong>the</strong> permitted principaluses and purposes. Such permitted accessory uses and structures include, but are not limited to <strong>the</strong>following:01/10 Page 73 <strong>of</strong> 230
(1) Accessory buildings such as garages, repair shops, machine shops, laboratories, retorting facilitiesand o<strong>the</strong>r installations which are necessary support facilities for <strong>the</strong> primary operation.(2) Administrative <strong>of</strong>fices.(3) Living quarters for caretakers, key maintenance personnel, security personnel, and operationalpersonnel. (#906)12.55.050 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted only if a Conditional Use Permit has first been secured:(1) All o<strong>the</strong>r industrial uses and structures not listed in this chapter.(2) One single-family dwelling per parcel.(3) Government and Emergency Service Facilities. (#906 as amended by #939, # 1487)12.55.070 Code Compliance. All extractive industrial operations shall comply with <strong>the</strong> provisions <strong>of</strong>Chapter 11.20 (SMARA) <strong>of</strong> this Code. (#906)s01/10 Page 74 <strong>of</strong> 230
CHAPTER 12.56“M-3” LIGHT INDUSTRIAL ZONESections:12.56.010 Purpose12.56.020 Permitted Uses12.56.030 Uses Permitted With a Conditional Use Permit12.56.040 Site Area and Configuration12.56.050 Reserved12.56.060 Minimum Yard Requirements12.56.070 Maximum Building Height12.56.080 Off-Street parking12.56.090 Signs12.56.100 Walls and Fences12.56.110 Trash and Storage12.56.010 Purpose(1) To provide for compatible land uses in areas <strong>of</strong> close proximity to residential areas and lessintense commercial areas.(2) To protect adjacent less intense land uses from industrial nuisances by providingdiscretionary and conditional approval <strong>of</strong> proposed industrial land uses.(3) To promote <strong>the</strong> most desirable use <strong>of</strong> land and development in accordance with <strong>the</strong> GeneralPlan <strong>of</strong> <strong>Yuba</strong> <strong>County</strong>. (#923)12.56.020 Permitted UsesNone. (#923)12.56.030 Uses Permitted with a Conditional Use Permit. The following uses and associatedstructures shall be permitted in this zone only if a Conditional use Permit has first been secured:(1) Apparel and finished products made from fabric and similar materials.(2) Concrete and asphalt mixing plants.(3) Food and beverages including ice, dry ice and cold storage.(4) Furniture, fixtures and cabinets.(5) Instruments, optics, photographic equipment and supplies.(6) Jewelry, silverware, and metalware(7) Lea<strong>the</strong>r and lea<strong>the</strong>r products.(8) Lumber and wood products including mobile homes, modular homes and prefabricated01/10 Page 75 <strong>of</strong> 230
structures.(9) Machinery including electrical, electronic and communications.(10) Metal products.(11) Miscellaneous goods and supplies including but not limited to armaments, musicalinstruments, toys and games, sporting and athletic good, and artists materials.(12) Stone, clay, glass and concrete products.(13) Textiles.(14) Transportation equipment and machinery.The following nonmanufacturing uses and associated structures shall be permitted in this zone only ifa Conditional Use Permit has first been secured:(15) Ambulance service.(16) Automotive and o<strong>the</strong>r machinery repair, service and storage.(17) Building construction and special trade contractor’s shops and service yards.(18) Building material sales yard.(19) Exterminating and pest control service.(20) Graineries.(21) Hatcheries.(22) Parcel delivery service.(23) Public utility facilities.(24) Oil and gas well service and supply.(25) Research laboratories.(26) Transportation facilities and terminals.(27) Warehousing.(28) Government and Emergency Service Facilities. (#923, as amended by #1488)12.56.040 Site Area and Configuration.(1) The minimum are <strong>of</strong> any lot or parcel <strong>of</strong> land in “M-3” zone shall be 10,000 square feet.(2) The minimum lot width and public street frontage <strong>of</strong> any lot or parcel <strong>of</strong> land shall be sixty01/10 Page 76 <strong>of</strong> 230
(60) feet. (#923)12.56.050 RESERVED.12.56.060 Minimum Yard Requirements.(1) Front Yard: No front yard shall be required, except where <strong>the</strong> frontage in a block is partially in aresidential district, in which case <strong>the</strong> front yard shall be <strong>the</strong> same as required in such residential district.(2) Side Yard: No side yard shall be required, except that a 15-foot setback shall be required wherea parcel occurs within a block lying partly within a residential district.(3) Rear Yard: No rear yard shall be required, except where <strong>the</strong> rear <strong>of</strong> a lot abuts a residentialdistrict, in which case <strong>the</strong> rear yard shall be not less than twenty (20) feet. (#923)12.56.070 Maximum Building Height: No building or structure in this zone shall exceed seventy-five(75) feet. (#923)12.56.080 Off-Street Parking: Off-street parking shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.85.(#923)12.56.090 Signs. All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90. (#923)12.56.100 Walls and Fences.(1) Walls and fences for conditional uses shall be determined by <strong>the</strong> Planning Commission inconformance with <strong>the</strong> character <strong>of</strong> <strong>the</strong> neighborhood in which <strong>the</strong> use is to be situated. (#923)12.56.110 Trash Storage. All refuse collection areas shall be enclosed on at least three (3) sides by afive (5) foot high wall; said wall shall be constructed <strong>of</strong> masonry or o<strong>the</strong>r material as specificallyapproved by <strong>the</strong> Planning Director. (#923 as amended by #1130, #1405)01/10 Page 77 <strong>of</strong> 230
CHAPTER 12.58SMARTVILLE/TIMBUCTOO COMMUNITY BOUNDARY (STCB)Section12.58.010 Purpose12.58.020 Development Standards12.58.010 Purpose.(1) To implement <strong>the</strong> goals and policies <strong>of</strong> <strong>the</strong> River Highlands Community Plan. (#1145)(2) To protect and reinforce <strong>the</strong> unique historical and potential economic/touristic character <strong>of</strong> <strong>the</strong>communities <strong>of</strong> Smartville and Timbuctoo. (#1145)12.58.020 Development Standards. Permitted uses and uses permitted with a Conditional Use Permitas well as standards pertaining to maximum building height, distance between structures, yard setback,signs, parking, and division <strong>of</strong> land shall be <strong>the</strong> same as those uses and standards in <strong>the</strong> A/RR zone asidentified in Chapter 12.25. (#1145)01/10 Page 78 <strong>of</strong> 230
CHAPTER 12.60“RZ” RECREATIONAL ZONESections12.60.010 Purpose12.60.020 Permitted Uses12.60.030 Uses Permitted With a Conditional Use Permit12.60.040 Division <strong>of</strong> Land12.60.010 Purpose.(1) To preserve land containing natural or potential park and recreation features.(2) To identify areas suitable for passive recreational activities and nonstructural uses.(3) To identify lake recreation areas and to provide for use <strong>of</strong> <strong>the</strong>se areas for active public recreationpurposes. (#906)12.60.020 Permitted Uses. The following uses and structures shall be permitted in this zone:(1) Riding clubs, golf courses, and country clubs.(2) Parks and recreation facilities for day use only (excluding recreational vehicle and trailerparks and amusement parks.)(3) Food and beverage service and concession.(4) Recreation <strong>of</strong>fices, headquarters, maintenance facilities and workshops. (#906)12.60.030 Uses Permitted With a Conditional Use Permit. The following uses and structures may bepermitted only if a Conditional Use Permit has first been secured:(1) Amusement parks.(2) Campgrounds and recreational vehicle parks.(3) Boat sales(4) Restaurants.(5) Employee housing.(6) Hydroelectric power generation facilities.(7) Government and Emergency Service Facilities. (#906, as amended by #1488)12.60.040 Division <strong>of</strong> Land. All division <strong>of</strong> real properties as regulated in Chapter 11.15 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong><strong>County</strong> Ordinance Code shall comply with <strong>the</strong> following requirements:01/10 Page 79 <strong>of</strong> 230
(1) The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land shall be twenty (20) acres. (#906)01/10 Page 80 <strong>of</strong> 230
CHAPTER 12.62"RPZ" RESOURCE PRESERVE ZONESections12.62.010 Purpose12.62.020 Sub-zone and Lot Area12.62.030 Permitted Uses12.62.040 Uses Permitted With a Conditional Use Permit12.62.050 Minimum Yard Requirements12.62.060 Division <strong>of</strong> Land________________________________________12.62.010 Purpose.(1) To preserve lands whose natural resources are <strong>of</strong> significant long range social, economic andenvironmental importance.(2) To preserve open space.(3) To identify high quality plant areas and critical wildlife habitat in <strong>the</strong> <strong>County</strong>.(4) To preserve critical watershed lands.(5) To preserve lands from residential development which are located within <strong>the</strong> boundaries <strong>of</strong> <strong>the</strong>River Highlands Community Plan and impacted by noise from Beale Air Force Base. (#1102 asamended by #1145)12.62.020 Sub-zone and Lot Area. The minimum area <strong>of</strong> any lot or parcel <strong>of</strong> land for each "RPZ" subzoneshall be as indicated below:Sub-zone Minimum Parcel SizeRPZ - 20 20 acresRPZ - 40 40 acres (#1102)12.62.030 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "RPZ" zone:(1) One single-family residence.(2) Game preserves or hunting or fishing clubs except those involving permanent dwellings, orbuildings with waste disposal facilities.(3) Livestock and fowl farming including raising, maintaining and breeding <strong>of</strong> horses, cattle, hogs,rabbits, chickens and similar livestock. No barn, coop, stable or corral shall be located closer than 50feet to any abutting dwelling except for caretaker quarters. The keeping <strong>of</strong> hogs shall not include morethan one brood sow. Any additional brood sows shall constitute a hog farm and shall require aConditional Use Permit.01/10 Page 81 <strong>of</strong> 230
(4) Accessory buildings such as garages, carports, barns, greenhouses, gardening sheds and similarstructures which are customarily used in conjunction with and incidental to a principal use or structure.(5) Home occupations as defined in Chapter 12.95. (#1102)12.62.040 Uses Permitted With a Conditional Use Permit. The following uses and structures may bepermitted in <strong>the</strong> "RPZ" zone if a Conditional Use Permit has first been secured:(1) Private and public recreational uses such as parks, playgrounds, golf courses, fishing andhunting clubs with dwellings or buildings having waste disposal facilities.(2) Public Cemeteries and similar uses.(3) Public utility buildings and public service or utility uses, (transmission and distribution linesexcepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges,power stations, transformer stations and fire stations.(4) Living quarters for persons deriving <strong>the</strong>ir income from permanent, non-seasonal employmenton <strong>the</strong> premises in conjunction with a permitted use.(5) Commercial stables - riding academies.(6) Shooting ranges.(7) Plant nurseries.(8) Fish hatcheries.(9) Commercial and industrial uses identified in Sections 12.43.020, 12.43.030, and 12.50.020located in <strong>the</strong> RPZ-40 land use designation within <strong>the</strong> boundaries <strong>of</strong> <strong>the</strong> River Highlands CommunityPlan.(10) Government and Emergency Service Facilities. (#1102 as amended by #1145, #1488)01/10 Page 82 <strong>of</strong> 230
CHAPTER 12.65“TPZ” TIMBERLAND PRESERVE ZONESections12.65.010 Purposes and Authority12.65.020 List <strong>of</strong> Criteria12.65.030 Terms12.65.040 Purpose <strong>of</strong> Zone12.65.050 Placement12.65.050 Permitted Principal Uses and Structures12.65.055 Uses Permitted with a Conditional Use Permit12.65.060 Lot Area12.65.070 O<strong>the</strong>r Requirements12.65.010 Purposes and Authority. This Chapter is adopted pursuant to <strong>the</strong> mandate and authority <strong>of</strong><strong>the</strong> Z’berg-Warren-Keene-Collier Forest Taxation Reform Act <strong>of</strong> 1976 and, more particularly, §51113 <strong>of</strong>Government Code <strong>of</strong> <strong>the</strong> State <strong>of</strong> California, a part <strong>of</strong> said Act. (#906)12.65.020 List <strong>of</strong> Criteria. Pursuant to §511113(c) and (d) <strong>of</strong> <strong>the</strong> Government Code, <strong>the</strong> criteria forparcels <strong>of</strong> land to be considered for zoning as timberland under <strong>the</strong> provisions <strong>of</strong> §511113 <strong>of</strong> <strong>the</strong>Government Code are hereby set and declared to be <strong>the</strong> following:(1) A map shall be prepared showing <strong>the</strong> legal description <strong>of</strong> <strong>the</strong> Assessor’s parcel number <strong>of</strong> <strong>the</strong>property desired to be zoned;(2) A plan for forest management must be prepared or approved as to content, for <strong>the</strong> property by aregistered pr<strong>of</strong>essional forester. The plan shall provide for <strong>the</strong> eventual harvest <strong>of</strong> timber within areasonable period <strong>of</strong> time, as determined by <strong>the</strong> preparer <strong>of</strong> <strong>the</strong> plan;(3) The parcel shall currently meet <strong>the</strong> timber stocking standards as set forth in §4561 <strong>of</strong> <strong>the</strong> PublicResources Code and <strong>the</strong> forest practice rules adopted by <strong>the</strong> State Board <strong>of</strong> Forestry for <strong>the</strong> district inwhich <strong>the</strong> parcel is located, or <strong>the</strong> owner must sign an agreement with <strong>the</strong> board to meet such stockingstandards and forest practice rules by <strong>the</strong> fifth anniversary <strong>of</strong> <strong>the</strong> signing <strong>of</strong> such agreement. If <strong>the</strong> parcelis subsequently zoned as timberland production under subdivision (a) <strong>of</strong> Government Code §51113, <strong>the</strong>failure to meet such stocking standards and forest practice rules within this time period provides <strong>the</strong>board with a ground for rezoning <strong>of</strong> <strong>the</strong> parcel pursuant to §51121.Upon <strong>the</strong> fifth anniversary <strong>of</strong> <strong>the</strong> signing <strong>of</strong> an agreement, <strong>the</strong> Board shall determine whe<strong>the</strong>r <strong>the</strong> parcelmeets <strong>the</strong> timber stocking standards in effect on <strong>the</strong> date <strong>the</strong> agreement was signed. Notwithstanding <strong>the</strong>provisions <strong>of</strong> Government Code §51130 et seq., if <strong>the</strong> parcel fails to meet <strong>the</strong> timber stocking standards,<strong>the</strong> Board shall immediately rezone <strong>the</strong> parcel and specify a new zone for <strong>the</strong> parcel which is inconformance with <strong>the</strong> county general plan and whose primary use is o<strong>the</strong>r than timberland.(4) The parcel shall be timberland, as defined in subdivision (f) <strong>of</strong> §51104.(5) The parcel shall be in compliance with <strong>the</strong> compatible uses established by this chapter pursuant toGovernment Code §51111.(6) The land area concerned shall be in ownership <strong>of</strong> one person, as defined in §38106 <strong>of</strong> <strong>the</strong> Revenue01/10 Page 83 <strong>of</strong> 230
and Taxation Code, and shall be comprised <strong>of</strong> single or contiguous parcels <strong>the</strong> total acreage <strong>of</strong> whichmust be at least 80 acres.(7) The land shall be <strong>of</strong> “Site III” Site Quality Class, as said term is defined and used pursuant to saidAct. Land shall be deemed to be “Site III” land if <strong>the</strong> average quality <strong>of</strong> <strong>the</strong> land is Site III. “Average,”for <strong>the</strong> purpose <strong>of</strong> this subdivision, means that for every acre <strong>of</strong> land which is Site IV or Site V quality<strong>the</strong>re must be at least one acre, respectively, <strong>of</strong> Site II or Site I land to balance <strong>the</strong> lesser quality land tocreate an exact Site III or better numerical average as to quality <strong>of</strong> acres to be included. (#906 and#1002)12.65.030 Terms. For purposes <strong>of</strong> this part, <strong>the</strong> terms or words used herein shall be defined as inChapter 6.7 (commencing with §51100), <strong>of</strong> Part I <strong>of</strong> Division I <strong>of</strong> <strong>Title</strong> 5 <strong>of</strong> <strong>the</strong> Government Code.(#906)13.65.040 Purpose <strong>of</strong> Zone. The purpose <strong>of</strong> <strong>the</strong> timberland Preserve Zone is to provide a district in <strong>the</strong>Count yin which <strong>the</strong> highest and best use <strong>of</strong> <strong>the</strong> land is <strong>the</strong> growing and harvesting <strong>of</strong> timber. Lands sozoned will be subject to all <strong>of</strong> <strong>the</strong> provisions <strong>of</strong> <strong>the</strong> Z’berg-Warren-Keene Collier Forest TaxationReform Act <strong>of</strong> 1976. (#906)*12.65.050 Placement. The zoning <strong>of</strong> land in <strong>the</strong> Timberland Preserve Zone is to be limited to thoseparcels within <strong>the</strong> <strong>County</strong> which:(a) Meet all <strong>of</strong> <strong>the</strong> requirements for inclusion in “List A” as defined in §51110 <strong>of</strong> <strong>the</strong>Government Code;(b) Meet all <strong>of</strong> <strong>the</strong> requirements for inclusion in “List B” as defined in §51110.1 <strong>of</strong> <strong>the</strong>Government Code;(c) Meet <strong>the</strong> criteria for parcels <strong>of</strong> land to be considered for zoning as timberland under <strong>the</strong>provisions <strong>of</strong> §51113 <strong>of</strong> <strong>the</strong> Government Code as adopted by §12.65.020 <strong>of</strong> this Chapter. (#906)*12.65.050 Permitted Principal Uses and Structures. The following principal uses and structureswhich meet <strong>the</strong> definition <strong>of</strong> “Compatible Use” as defined in subdivision (h) <strong>of</strong> §51104 <strong>of</strong> <strong>the</strong>Government Code and Resolution No. 1976-155 adopted by <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Board <strong>of</strong> Supervisors onAugust 7, 1976, and no o<strong>the</strong>rs are permitted in Timberland Preserve Zone:(1) Management for watershed;(2) Management for fish and wildlife habitat or hunting and fishing;(3) A use integrally related to growing, harvesting and processing forest products, including butnot limited to roads, log landings and log storage areas;(4) The erection, construction, alteration, or maintenance <strong>of</strong> gas, electric, water orcommunication transmission facilities;(5) Grazing; or(6) A residence or o<strong>the</strong>r structure necessary for <strong>the</strong> management <strong>of</strong> land zoned as TimberlandProduction.01/10 Page 84 <strong>of</strong> 230
*There are two sections with <strong>the</strong> same number(7) Subsurface exploration for, and extraction <strong>of</strong>, mineral resources, including oil, gas and o<strong>the</strong>rhydrocarbon substances, and also including geo<strong>the</strong>rmal energy production. Such use shall be compatibleonly when <strong>the</strong>re is no significant disruption <strong>of</strong> <strong>the</strong> ground surface in <strong>the</strong> operations described.(8) Family Day Care Homes in accordance with Chapter 12.120. (#906 as amended by #1055)12.65.055 Uses Permitted with a Conditional Use Permit. The following uses and structures maybe permitted in <strong>the</strong> "TPZ zone if a Conditional Use Permit has first been secured:(1) Government and Emergency Service Facilities. (#1488)12.65.060 Lot Area. Parcels zoned as Timberland Preserve may not be divided into parcelscontaining less than 160 acres unless <strong>the</strong>y meet <strong>the</strong> requirements established in §51119.5 <strong>of</strong> <strong>the</strong>Government Code.12.65.070 O<strong>the</strong>r Requirements. Any rezoning, immediate rezoning or removal from zone <strong>of</strong> anyparcels zoned Timberland Preserve Zone shall conform to <strong>the</strong> requirements <strong>of</strong> Articles 3-5, inclusive,(commencing with §51121) <strong>of</strong> chapter 6.7, Part 1 <strong>of</strong> Division 1 <strong>of</strong> <strong>Title</strong> 5 <strong>of</strong> <strong>the</strong> Government Code.(a) All actions not specifically addressed in this chapter <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Codemust comply with <strong>the</strong> requirements <strong>of</strong> Chapter 6.7 (commencing with §51100) <strong>of</strong> Part 1 <strong>of</strong> Division 1<strong>of</strong> <strong>Title</strong> 5 <strong>of</strong> <strong>the</strong> Government Code. (#906)01/10 Page 85 <strong>of</strong> 230
CHAPTER 12.70“FP-1” FLOOD PLAIN <strong>ZONING</strong>Sections12.70.010 Purpose12.70.020 Definition12.70.030 Zoning Designations12.70.040 Permitted Uses12.70.050 Uses Permitted With a Conditional Use Permit12.70.060 Nonconforming Uses and Structures12.70.070 Uses Specifically Prohibited________________________________________________12.70.010 Purpose. To promote and protect <strong>the</strong> public health, safety, and general welfare byproviding a definite plan <strong>of</strong> development for <strong>the</strong> <strong>County</strong> and to guide, control and regulate growth inareas subject to flooding. (#906)12.70.020 Definitions.(1) “Flood Plan, Primary”: The stream bed and that portion <strong>of</strong> <strong>the</strong> adjacent flood plain throughwhich <strong>the</strong> main water is channelized during flooding conditions.(2) “Flood”: Any temporary increase in stream flow or surface water level that results in significantadverse effects on <strong>the</strong> flood plain.(3) “Design Flood”: That flood against which protection is provided, or eventually will be providedby means <strong>of</strong> flood protective or control works.(4) “Flood, Selected”: The flood selected by <strong>the</strong> Board <strong>of</strong> Supervisors as a basis for determining<strong>the</strong> lateral boundaries <strong>of</strong> <strong>the</strong> flood plain area to be subject to flood plain regulations.(5) “Flood Plain Zoning Map”: A map illustrating <strong>the</strong> boundaries <strong>of</strong> <strong>the</strong> selected flood and <strong>the</strong>zoning to be established within <strong>the</strong> boundaries <strong>of</strong> <strong>the</strong> selected flood.(6) “Recreational vehicle” is a motorhome, travel trailer, camper or camping trailer, with or withoutmotive power, designed for human habitation for recreational or emergency occupancy, with a livingarea less than 220 square fee excluding built-in equipment such as wardrobes, closets, cabinets,kitchen units or fixtures, bath and toilet rooms. (#906)12.70.030 Zoning Designations. In order to classify, regulate, restrict and segregate <strong>the</strong> use <strong>of</strong> landand buildings in flood areas, one zone is hereby established to be known as:FP-1 Primary Flood Plain ZoneSaid zone is shown and delineated on <strong>the</strong> Flood Plain Zoning Map <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong> which ishereby adopted and made a part <strong>the</strong>re<strong>of</strong>. Change in boundaries <strong>of</strong> any such zone and <strong>the</strong> adoption <strong>of</strong>additional parts <strong>of</strong> <strong>the</strong> zoning map shall be done by ordinance in accordance with State law. (#906)12.70.040 Permitted Uses. Any <strong>of</strong> <strong>the</strong> following uses are allowed in <strong>the</strong> FP-1 Zone:01/10 Page 86 <strong>of</strong> 230
(1) Crop farming, truck gardening, field crops, vines, vegetables and horticultural species, excepttree orchards.(2) The operation <strong>of</strong> apiaries.(3) The grazing <strong>of</strong> sheep, goats, horses, mules ,swine, bovine animals and o<strong>the</strong>r similardomesticated quadrupeds.(4) The raising <strong>of</strong> poultry.(5) Wildlife preserves.(6) One nonexpendable vacation vehicle having no permanently attached or detached accessorystructures for each parcel <strong>of</strong> property under separate ownership for use only by <strong>the</strong> owner <strong>of</strong> <strong>the</strong>property and/or his guests. Sand vacation vehicles shall be maintained in a readily moveable state.(7) Parking lots, provided any grading or structures do not significantly restrict <strong>the</strong> carryingcapacity <strong>of</strong> <strong>the</strong> primary flood plain. (#906)12.70.050 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted only if a Conditional Use Permit has first been secured:(1) Private and public recreational uses such as parks, aquatic facilities, campgrounds,vacation vehicle parks, playgrounds, athletic fields, golf courses, golf driving ranges, fishing andhunting clubs.(2) Temporary and readily removable structures accessory to agricultural uses.(3) Public utilities structures.(4) Excavation and removal <strong>of</strong> rock, sand, gravel and o<strong>the</strong>r materials. (#906)12.70.060 Nonconforming Uses and Structures. Uses and structures existing on June 1, 1978,which are inconsistent with <strong>the</strong> provisions here<strong>of</strong> will be allowed to remain. The enlargement,expansion, extension or change in use <strong>of</strong> any structures will be regulated in accordance withguidelines established for floodways by <strong>the</strong> Reclamation Board on January 23, 1976. (#906)12.70.070 Uses Specifically Prohibited.(1) Single and multifamily dwellings.(2) Junkyards, auto-wrecking yards, and used building material yards.(3) Commercial or public disposal and dumping areas.(4) Mobilehome parks.(5) No improvements or developments will be permitted that will obstruct <strong>the</strong> natural flow <strong>of</strong> floodwater or which will endanger life and property. (#906)01/10 Page 87 <strong>of</strong> 230
CHAPTER 12.72"PF" PUBLIC FACILITIES ZONESections12.72.010 Purpose12.72.020 Permitted Uses12.72.030 Uses Permitted With a Conditional Use Permit12.72.040 Site Area and Configuration12.72.010 Purpose. This zone classification is intended to be applied to properties which areproperly used for, or are proposed to be used for public purposes or for specified public utilitypurposes. (#953)12.72.020 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> "PF" Zone:(1) Public schools, parks and recreation areas, fair grounds, civic centers, fire stations, police stationsand similar sites and monuments.(2) Public utility facilities.(3) Public utility warehouse and storage yards, pool yards, gas holders, substations, electricgenerating plants and transmission and distribution lines.(4) Uses and structures which are incidental or accessory to permitted uses.(5) Uses and structures which <strong>the</strong> Planning Director determines by written findings are similar to <strong>the</strong>above. (#953 as amended by #1130, #1405)12.72.030 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted in <strong>the</strong> "PF" Zone if a Conditional Use Permit has first been secured:(1) Public cemeteries and similar uses.(2) Airports, refuse disposal areas, corporation yards and sewage disposal sites.(3) Vocational and technical education shop classroom facilities, including woodshop, metalshop, auto shop, and o<strong>the</strong>r similar uses.(4) Community centers.(5) Marinas, sports stadiums, arenas, amphi<strong>the</strong>aters, fairgrounds, golf courses, racetracks andaccessory use or uses similar to those listed as determined by <strong>the</strong> Planning Commission.(6) Churches and fraternal organization meeting facilities. (#953 as amended by #1216)12.72.040 Site Area and Configuration.(1) There will be no minimum parcel size in <strong>the</strong> "PF" Zone, however, parcel sizes and siteconfigurations shall be subject to review and approval <strong>of</strong> <strong>the</strong> Staff Development Committee based01/10 Page 88 <strong>of</strong> 230
upon reasonable standards and consistency with <strong>the</strong> proposed use <strong>of</strong> <strong>the</strong> site and compatibility withadjacent land uses. (#953)01/10 Page 89 <strong>of</strong> 230
CHAPTER 12.75"AP" AIRPORT ZONE REGULATING THE HEIGHTOF STRUCTURES AND THE USE OF PROPERTYIN THE VICINITY OF THE <strong>YUBA</strong> <strong>COUNTY</strong> AIRPORTSections12.75.010 Declaration <strong>of</strong> Purpose12.75.020 Short <strong>Title</strong>12.75.030 Definitions12.75.040 Height Zones12.75.050 Height Restrictions12.75.060 Airport Safety Zones12.75.061 Land Use Compatibility in Safety Areas12.75.062 Aircraft Noise Restriction Areas12.75.070 Incompatible Uses12.75.080 Concentration <strong>of</strong> Persons Per Acre12.75.090 Repealed12.75.100 Repealed12.75.110 Repealed______________________________12.75.010 Declaration <strong>of</strong> Purpose. Pursuant to <strong>the</strong> authority conferred by <strong>the</strong> Airport ApproachesZoning Law <strong>of</strong> <strong>the</strong> State <strong>of</strong> California and in conformity with sections 50485 through 50485.13 <strong>of</strong> <strong>the</strong>Government Code, <strong>the</strong> Board <strong>of</strong> Supervisors <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, State <strong>of</strong> California, deems itnecessary to regulate <strong>the</strong> use <strong>of</strong> <strong>the</strong> air space for <strong>the</strong> purpose <strong>of</strong> promoting <strong>the</strong> health, safety and generalwelfare <strong>of</strong> <strong>the</strong> inhabitants <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong> by preventing <strong>the</strong> creation or establishment <strong>of</strong> airporthazards, <strong>the</strong>reby protecting <strong>the</strong> lives and property <strong>of</strong> <strong>the</strong> users <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Airport and <strong>of</strong> <strong>the</strong>occupants <strong>of</strong> <strong>the</strong> land in its vicinity and prevent destruction and impairment <strong>of</strong> <strong>the</strong> utility <strong>of</strong> <strong>the</strong> airportand <strong>the</strong> public investment <strong>the</strong>rein. (#906)12.75.020 Short <strong>Title</strong>. This Chapter shall be known and may be cited as <strong>the</strong> "Airport Zoning Ordinance<strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>". (#906)12.75.030 Definitions. As used in this Chapter, unless <strong>the</strong> context o<strong>the</strong>rwise requires:(1) "Airport" means <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Airport.(2) "Airport hazard" means any structure or tree or use <strong>of</strong> land which obstructs <strong>the</strong> air spacerequired for <strong>the</strong> flight <strong>of</strong> aircraft in landing or taking <strong>of</strong>f at <strong>the</strong> airport or is o<strong>the</strong>rwise hazardous tosuch landing or taking <strong>of</strong>f <strong>of</strong> aircraft.(3) "Landing area" means <strong>the</strong> area <strong>of</strong> <strong>the</strong> airport use for <strong>the</strong> landing, take<strong>of</strong>f or taxiing <strong>of</strong> aircraft.(4) "Person" means any individual, firm, co-partnership, corporation, company, association, jointstock association or body politic and includes any trustee, receiver or assignee.(5) "Structure" means any object constructed or installed by man, including, but without limitation,buildings, towers, smokestacks and overhead lines.01/10 Page 90 <strong>of</strong> 230
(6) "Tree" means any object <strong>of</strong> natural growth.(7) "Planning Commission" means <strong>the</strong> Planning Commission <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, State <strong>of</strong>California. (#906)12.75.040 Height Zones. The following imaginary surfaces shown in figure 1 shall be established for<strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Airport as shown in Figure 2, to determine height restrictions for natural and man-madeobjects as follows:Primary Surface - A surface longitudinally centered along <strong>the</strong> runway, extending 200 feet beyondeach end <strong>of</strong> <strong>the</strong> paved runway for runways 14-32 and 14R-32L. The primary surface for runways05-23 extends 200 feet beyond <strong>of</strong> each relocated threshold. The width <strong>of</strong> <strong>the</strong> primary surface totals250 feet for runways 05-23 and 14R-32L, and 1000 feet for runways 14-32.Horizontal Surface - A horizontal plane 150 feet above <strong>the</strong> established airport elevation (<strong>the</strong>highest point <strong>of</strong> an airport's usable landing area measured in feet above mean sea level), <strong>the</strong>perimeter <strong>of</strong> which is constructed by swinging acres 10,000 feet out from <strong>the</strong> center <strong>of</strong> each end <strong>of</strong><strong>the</strong> primary surface <strong>of</strong> runways 14-32 and connecting <strong>the</strong> adjacent arcs <strong>of</strong> lines tangent to <strong>the</strong>searcs.Conical Surface - A surface extending outward and upward from <strong>the</strong> periphery <strong>of</strong> <strong>the</strong> horizontalsurface at a slope <strong>of</strong> 20 to 1 for a horizontal distance <strong>of</strong> 4,000 feet.Approach Surface - A surface longitudinally centered on <strong>the</strong> extended runway centerline,extending outward and upward from each end <strong>of</strong> <strong>the</strong> primary surface. An approach surface isapplied to each end <strong>of</strong> each runway based on <strong>the</strong> type <strong>of</strong> approach available or planned for thatrunway end.The approach surface for runway 14 has an inner width <strong>of</strong> 1,000 feet, extends outward for a length<strong>of</strong> 10,000 feet at a slope <strong>of</strong> 50:1 with an additional 40,000 feet at a slope <strong>of</strong> 40:1, and has an outerwidth <strong>of</strong> 16,000 feet.The approach surface for runway 32 has an inner width <strong>of</strong> 1,000 feet, extends outward for a length<strong>of</strong> 10,000 feet at a slope <strong>of</strong> 34:1, and has an outer width o 4,000 feet.The approach surface for runways 05-23 and 14R-32L has an inner width <strong>of</strong> 250 feet, extendsoutward for a length <strong>of</strong> 5,000 feet at a slope <strong>of</strong> 20:1 and has an outer width <strong>of</strong> 1,250 feet.Transitional Surface - A surface extending outward and upward form <strong>the</strong> sides <strong>of</strong> <strong>the</strong> primarysurface and from <strong>the</strong> sides <strong>of</strong> <strong>the</strong> approach surfaces at a slope <strong>of</strong> 7:1.Where imaginary surfaces overlap, <strong>the</strong> lowest surface is used to determine whe<strong>the</strong>r or not an objectwould be an obstruction to air navigation. (#906 as amended by #1174)12.75.050 Height Restrictions.(a) Except as o<strong>the</strong>rwise provided in this Chapter, no structure or tree shall be erected, altered or allowedto grow or maintained in excess <strong>of</strong> <strong>the</strong> height limits established for such surface as defined under Section12.75.040 and shown in figure 1.(b) Any proposed new construction or expansion <strong>of</strong> existing structures that would penetrate any <strong>of</strong> <strong>the</strong>01/10 Page 91 <strong>of</strong> 230
imaginary surfaces shall be deemed an incompatible land use and shall not be permitted except for <strong>the</strong>following:1. The FAA determines that <strong>the</strong> proposed structure does not constitute a hazard to air navigation.2. The State Division <strong>of</strong> Aeronautics has issued a permit allowing construction <strong>of</strong> <strong>the</strong> proposedstructure. (#906 as amended by #1174)12.75. 060 Airport Safety Zones. For <strong>the</strong> purposes <strong>of</strong> this Chapter, <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Airport is herebydivided into <strong>the</strong> following airport safety zones as shown in figures 2 and 3.(a) Clear ZoneRunway 14: Beginning at <strong>the</strong> primary surface, 200 feet beyond <strong>the</strong> end <strong>of</strong> <strong>the</strong> paved runwaysurface, is centered along <strong>the</strong> extended runway centerline and has an inner width <strong>of</strong> 1000 feetextending outward for a length <strong>of</strong> 2,500 feet, and has an outer width <strong>of</strong> 1,750 feet.Runway 32: Beginning at <strong>the</strong> end <strong>of</strong> <strong>the</strong> primary surface, 200 feet beyond <strong>the</strong> paved runway surfacecentered along <strong>the</strong> extended runway centerline and has an inner width <strong>of</strong> 1,000 feet extendingoutward for a length <strong>of</strong> 1,700 feet and has an outer width <strong>of</strong> 1,425 feet.Runways 05-23 and 14R-32L: Beginning 200 feet beyond <strong>the</strong> end <strong>of</strong> <strong>the</strong> relocated runwaycentered along <strong>the</strong> extended runway centerline and has an inner width <strong>of</strong> 250 feet extending outwardfor a length <strong>of</strong> 1,000 feet and has an outer width <strong>of</strong> 450 feet.(b) Approach/Departure ZoneRunway 14: Beginning at <strong>the</strong> outer end <strong>of</strong> <strong>the</strong> clear zone centered along <strong>the</strong> extended runwaycenterline and has an inner width <strong>of</strong> 1,750 feet extending outward for a length <strong>of</strong> 5,000 feet and hasan outer width <strong>of</strong> 3,250 feet.Runway 32: Beginning <strong>the</strong> outer end <strong>of</strong> <strong>the</strong> clear zone centered along <strong>the</strong> extended runwaycenterline and has an inner width <strong>of</strong> 1,425 feet extending outward for a length <strong>of</strong> 3,400 feet, and hasan outer width <strong>of</strong> 2,275 feet.Runways 05-23 and 14R-32L: Beginning at <strong>the</strong> outer end <strong>of</strong> <strong>the</strong> clear zone centered along <strong>the</strong>extended runway centerline and has an inner width <strong>of</strong> 450 feet extending outward for a length <strong>of</strong>2,000 feet and has an outer width <strong>of</strong> 850 feet.(c) Overflight Zone: The perimeter <strong>of</strong> <strong>the</strong> Overflight zone is constructed by swinging arcs <strong>of</strong> 10,000foot radii from <strong>the</strong> center <strong>of</strong> each end <strong>of</strong> <strong>the</strong> primary surface <strong>of</strong> all runways and connecting <strong>the</strong> arcs bylines tangent to <strong>the</strong> arcs. (#906 as amended by #1174)12.75.061 Land Use Compatability In Safety Areas.(a) The Land Use Compatibility Guidelines for Safety as shown in figure 4 shall be used to determinecompatible land uses within <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Airport Safety Areas defined herein.(b) The following uses are incompatible in <strong>the</strong> Clear Zones and Approach Departure Zones identifiedfor each runway:01/10 Page 92 <strong>of</strong> 230
1. Any use that would direct a steady or flashing light <strong>of</strong> white, red, green or amber color toward anaircraft.2. Any use that would cause sunlight to be reflected toward an aircraft during take-<strong>of</strong>f or landing.3. Any use that would generate smoke or attract large concentration <strong>of</strong> birds.4. Any use that would generate electrical interference that would be detrimental to <strong>the</strong> operation <strong>of</strong>aircraft and aircraft instrumentation.5. Any hazardous installation such as: above ground oil, gas or chemical storage facilities, butexcluding facilities for non-commercial, private domestic, or private agricultural use. (#906 asamended by #1174)12.75.062 Aircraft Noise Restriction Areas. The Land Use Compatibility Guidelines for Noise asshown in figure 5 shall be used to determine compatible land uses within <strong>the</strong> Noise Contour Areas shownin figure 6.1. Residential development within <strong>the</strong> 60-65 db noise contour shall require noise reduction measures toreduce <strong>the</strong> interior noise level to no more than 45 db. An acoustical study prepared by a qualifiedengineer shall demonstrate that <strong>the</strong> structure has been designed to meet <strong>the</strong> standards set forth under <strong>Title</strong>25, Section 28 <strong>of</strong> <strong>the</strong> California Administrative Code.2. Aviation Noise Easements shall be required for all residential construction and land divisions within<strong>the</strong> 60-65 db noise contour area. (#1174)12.75.070 Incompatible Uses.(a) Incompatible uses which were in existence and legally established prior to <strong>the</strong> effective date <strong>of</strong> thisordinance may continue. No incompatible uses may be changed to ano<strong>the</strong>r incompatible use.(b) No incompatible use, building or structure may be expanded except for <strong>the</strong> following:1. Detached single family residences.2. Schools that would increase <strong>the</strong> capacity by less than one third.(c) If any incompatible use, building or structure is damaged and <strong>the</strong> damage exceeds fifty percent <strong>of</strong><strong>the</strong> value <strong>of</strong> <strong>the</strong> use, building or structure, any subsequent use must be in conformance with <strong>the</strong>provisions <strong>of</strong> this Chapter except for <strong>the</strong> following:1. Detached single family residences.2. Schools.(d) Should an incompatible use, building or structure be abandoned for a continuous period <strong>of</strong> one year,such cessation shall be considered an abandonment <strong>of</strong> <strong>the</strong> use, building or structure and any subsequentuse shall be subject to <strong>the</strong> provisions contained in this Chapter. (#906 as amended by #1174)01/10 Page 93 <strong>of</strong> 230
12.75.080 Concentration <strong>of</strong> Persons Per Acre.(a) Any proposed development (Tentative Maps, Conditional Use Permits, Site Development Plans)within any <strong>of</strong> <strong>the</strong> airport safety zones identified in this Chapter shall be submitted for review <strong>of</strong> <strong>the</strong>Airport Land Use Commission for review to determine compliance with <strong>the</strong> Concentration <strong>of</strong> PersonsPer Acre Standards set forth in Appendix A <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Airport Comprehensive Land Use Plan.(#906 as amended by #1174)12.75.090 REPEALED.12.75.100 REPEALED.12.75.100b REPEALED.01/10 Page 94 <strong>of</strong> 230
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CHAPTER 12.80“PUD" PLANNED UNIT DEVELOPMENTSections:12.80.010 Purpose12.80.114 Applicability12.80.020 Application12.80.030 Contents <strong>of</strong> Application12.80.040 Public Hearing Required12.80.050 Findings12.80.060 Compensatory Criteria12.80.065 Planned Unit Development Density Threshold12.80.070 Planning Commission Decisions12.80.080 Board <strong>of</strong> Supervisors'Decisions12.80.090 DELETED #1197)12.80.100 Conformance With Approved Plans12.80.010 Purpose. The purpose <strong>of</strong> <strong>the</strong> Planned Unit Development(PUD) is to provide for greaterflexibility in <strong>the</strong> design <strong>of</strong> <strong>the</strong> developments than is o<strong>the</strong>rwise possible through <strong>the</strong> strict application<strong>of</strong> zoning district regulations. It is <strong>the</strong> intent <strong>of</strong> this process to ensure compliance with <strong>the</strong> GeneralPlan and to provide various types <strong>of</strong> land use which can be combined in compatible relationship wi<strong>the</strong>ach o<strong>the</strong>r as a part <strong>of</strong> a totally planned development. Increased densities and reduction in standardsavailable through a PUD are generally not applicable within Specific Plan areas unless <strong>the</strong> SpecificPlan explicitly authorizes a PUD as used in this chapter and <strong>the</strong> potential density <strong>of</strong> developmentproposed. Planned Unit Development may be residential, commercial or industrial and may permitmixed uses under certain circumstances. In addition, <strong>the</strong> objectives <strong>of</strong> <strong>the</strong> Planned Unit Developmentare to achieve one or more <strong>of</strong> <strong>the</strong> following purposes:1) Permits flexibility in design and use <strong>of</strong> an individually owned property or a group <strong>of</strong>separately owned properties to allow for economy, convenience and amenity in development.2) Permits cluster development in appropriate locations.3) Allows certain uses not o<strong>the</strong>rwise permitted in <strong>the</strong> zone under controlled circumstances.4) Encourages <strong>the</strong> provision <strong>of</strong> both on site and <strong>of</strong>f site open space in consideration forincreased density or o<strong>the</strong>r bonuses.5) Can be used to encourage energy efficiency, water conservation, green buildings", varietyin housing types, and greater public access to open space.(Ord. #906, #1395)12.80.014 Applicability.1) A Planned Unit Development PUD) consistent with <strong>the</strong>se standards, may be permittedwherever <strong>the</strong> Planned Unit Development zoning designation has been attached to certain propertyand/or where <strong>the</strong> specific zone district applicable to a piece <strong>of</strong> property allows planned unitdevelopments as a permitted use.2) Planned unit developments may allow for a variety <strong>of</strong> uses and a variety <strong>of</strong> housing types.All types <strong>of</strong> residential development single-family, multi-family, mixed use) are permitted within a01/10 Page 103 <strong>of</strong> 230
PUD, subject to approval by <strong>the</strong> <strong>County</strong>. (Ord. #1395)12.80.020 Application. An application for a Planned Unit Development Permit shall be filed with<strong>the</strong> Community Development Department and shall be accompanied by sufficient copies <strong>of</strong> <strong>the</strong>proposed development plans as determined by <strong>the</strong> Community Development Director and o<strong>the</strong>rmaterial as <strong>the</strong> Director may deem warranted. (Ord. #906, #1395)12.80.030 Contents <strong>of</strong> Application. The application for a Planned Unit Development shall contain<strong>the</strong> following information.1) Legal description <strong>of</strong> <strong>the</strong> property.2) Proposed land uses showing general locations <strong>of</strong> all buildings and proposed specific uses.For residential planned unit developments, building envelopes must be designated on all lots, ei<strong>the</strong>r bysetbacks or, for larger lots, designated building areas that can be defined by dimensions shown on <strong>the</strong>plans.3) General circulation pattern indicating both public and private vehicular and pedestrianways and parking provided.4) A tabulation <strong>of</strong> <strong>the</strong> total land area and percentage designated for various uses, as well as atabulation <strong>of</strong> residential units by type, and square footage <strong>of</strong> commercial or industrial uses by type.5) Delineation <strong>of</strong> development staging, if any.6) Topographic map <strong>of</strong> <strong>the</strong> property with contours in intervals <strong>of</strong> not more than five 5) feet oras determined by <strong>the</strong> Community Development Director.7) If <strong>of</strong>f-site open space is proposed, plans and a description <strong>of</strong> <strong>the</strong> property shall be submittedas well as a written statement by <strong>the</strong> property owner authorizing <strong>the</strong> applicant to negotiate with <strong>the</strong><strong>County</strong> for acquisition <strong>of</strong> an easement or fee title.8) A preliminary report indicating provisions for storm drainage, sewage disposal, watersupply, access, grading, and pubic utilities.9) A statement <strong>of</strong> provisions for ultimate ownership and maintenance <strong>of</strong> all parts <strong>of</strong> <strong>the</strong>development, including streets, structures and open spaces.10) Building elevations, architectural renderings or o<strong>the</strong>r information deemed necessary by<strong>the</strong> Community Development Director. (Ord. #906 as amended by #1130, #1395)12.80.040 Public Hearing Required. The Planning Commission shall hold at least one PublicHearing to consider <strong>the</strong> application for a Planned Unit Development. Notice shall be given asprovided in §12.10.120 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. Said hearing may be combined with anyo<strong>the</strong>r entitlement i.e., zone change or subdivision) required for <strong>the</strong> project. (Ord. #906, #1395)12.80.050 Findings. The Planning Commission may approve a Planned Unit Development if itmakes <strong>the</strong> following findings:1)The proposed location <strong>of</strong> <strong>the</strong> Planned Unit Development is in accordance with <strong>the</strong> goals andobjectives <strong>of</strong> <strong>the</strong> General Plan and <strong>the</strong> general purposes <strong>of</strong> <strong>the</strong> Zone in which <strong>the</strong> project is located.01/10 Page 104 <strong>of</strong> 230
2)The proposed Planned Unit Development and <strong>the</strong> conditions under which it would bedeveloped or maintained will promote, protect and secure <strong>the</strong> public health, safety and general welfareand will result in an orderly and beneficial development <strong>of</strong> <strong>the</strong> <strong>County</strong> in <strong>the</strong> areas <strong>the</strong>rein.3)Substantial public benefit is achieved in accordance with criteria established in 12.80.060 incompensation for certain development features not o<strong>the</strong>rwise permitted. (Ord. #906, #1395)12.80.060 Compensatory Criteria.1)The following criteria shall be applied in finding substantial public benefit:a. On-site Open Space - Substantial open space is permanently preserved through publicownership, conservation easements, private non-pr<strong>of</strong>it ownership or is held in common by all futureowners in <strong>the</strong> project and exceeds normal yard areas, setback and building separation requirements.Minimum open space requirements for a planned unit development in <strong>the</strong> area <strong>of</strong> <strong>the</strong> <strong>County</strong>designatedin <strong>the</strong> General Plan as Foothill Agriculture" shall be as follows:1. 50% for parcels or projects up to 40 acres in size;2. 60% for parcels or projects greater than 40 acres and up to 160 acres;3. 70% for parcels or projects greater than 160 acres.All on-site open space used to meet this requirement must be permanently set aside for one ormore <strong>of</strong> <strong>the</strong> following purposes: Public access to open spaces may be appropriate in some cases and isencouraged by <strong>the</strong> <strong>County</strong>.1. agriculture,2. timber management,3. wildlife habitat,4. o<strong>the</strong>r natural resource based uses.b. Off-Site Improvements - Where such improvements benefit <strong>the</strong> general public,including <strong>the</strong> following:1. Provides for new public recreation facilities or improvements to existing publicrecreational facilities beyond those o<strong>the</strong>rwise required by state law or <strong>County</strong> code.2. Provides for improvements to public roads in <strong>the</strong> vicinity <strong>of</strong> <strong>the</strong> project or whichprovide access to <strong>the</strong> project beyond those requirements required for access, frontage improvements,or as a mitigation for project impacts to <strong>the</strong> circulation system.c. On-Site Recreational Facilities - Which are in excess <strong>of</strong> those which may be considerednormal amenities given <strong>the</strong> size and type <strong>of</strong> proposed development. For guidance, minimum on-siterecreational facilities shall be based on five 5) acres <strong>of</strong> developed parkland per 1000 people.d. Alternative Transportation Facilities - Including integrated bus shelters, car pool/vanpool programs, alternative fuel service facilities, parking structures, or innovative parking orcirculation designs.e. Public Facilities - Including school sites or buildings in excess <strong>of</strong> that o<strong>the</strong>rwiserequired by <strong>the</strong> project, day care centers, or community rooms whe<strong>the</strong>r located on or <strong>of</strong>f-site and01/10 Page 105 <strong>of</strong> 230
designed to serve o<strong>the</strong>rs, and wastewater treatment systems which are designed to serve additionaldevelopment consistent with <strong>the</strong> General Plan.f. Lot Design and site improvements - Where small lot subdivisions are designed with atleast <strong>the</strong> following site improvement standards1. Front yard stagger: Minimum <strong>of</strong> five (5) feet difference between adjacent residentialunits measured from <strong>the</strong> front yard setback2. Stagger for third car garage: Five (5) feet between third car bay and two car garage.3. Separation between second story elements: A minimum <strong>of</strong> twenty (20) feet betweensecond story elements <strong>of</strong> adjacent two story dwellings.2.) The following modifications to development standards may be permitted provided one ormore <strong>of</strong> <strong>the</strong> stated compensatory criteria is met.DEVELOPMENT FEATURE ELIGIBLE CRITERIAa. Criteria 1) a. Residential units exceeding that permitted in <strong>the</strong> underlying zone but notexceeding <strong>the</strong> PUD Density threshold.b. Criteria 1) a, b,c, d. Residential units exceeding that permitted by <strong>the</strong> underlying zone, up to<strong>the</strong> PUD density threshold where <strong>the</strong> <strong>County</strong> determines that <strong>the</strong> additional units are justified based on<strong>the</strong> value <strong>of</strong> <strong>the</strong> additional public improvements made by <strong>the</strong> project.c. Off site open space may be acquired with a PUD and <strong>the</strong> density <strong>of</strong> that land transferred to<strong>the</strong> PUD depending upon <strong>the</strong> quality, location and intended purpose <strong>of</strong> that open space area so long as<strong>the</strong> PUD density threshold is not exceeded.d. Criteria 1) b, d, e. Reduced parking requirements.e. Criteria 1) a, c, f. Reduced setback requirements.f. Criteria 1) b, d. Reduced pavement widths for roadways.g.Criteria 1) a, c, d, e, f. Reduced lot size, width, or depth requirements.h.Criteria 1) a, c, e, Complementary uses, not o<strong>the</strong>rwise permitted by <strong>the</strong> underlying zoningand found not to be in conflict with <strong>the</strong> General Plan..12.80.064 Planned Unit Development Density Threshold. The Planned Unit Development densitythreshold shall be twice <strong>the</strong> permitted density allowed for <strong>the</strong> underlying zone for Zones AE, A/RR,RRE, and PR., except that in <strong>the</strong> Foothill Agriculture" General Plan designated areas, clusteredresidential development may be proposed as a planned unit development and may be permitted up to adensity <strong>of</strong> I dwelling unit per 5 acres. It shall be 1.25 times <strong>the</strong> permitted density allowable for <strong>the</strong>underlying zone for Zones R-1, R-2, R-3 and C. (Ord. #906, #1395)12.80.066 Minimum Parcel Size. Although minimum parcel sizes in Planned Unit Developmentsare not specifically regulated by this ordinance, access, sewage disposal, water supply, surroundingparcel sizes, topography, adjacent land uses, applicable General Plan policies, and o<strong>the</strong>r factors willaffect <strong>the</strong> <strong>County</strong>'s decision on appropriate lot sizes on a project-by-project basis.01/10 Page 106 <strong>of</strong> 230
a. Parcels between I acre and 2.5 acres in size shall provide ei<strong>the</strong>r a public sewer service orpublic water supply as determined by <strong>the</strong> Environmental Health Director. Setback requirementsequivalent to those that would be required on a 5 acre parcel shall apply to any parcel between I acreand 2.5 acres in size that has ei<strong>the</strong>r a well or septic system. Parcels smaller than I acre in size shallprovide both a public sewer service and public water supply. A private purveyor <strong>of</strong> sewer services andwater supply may be approved by <strong>the</strong> Board <strong>of</strong> Supervisors.b. Minimum yard size. Projects that provide less than 500 square feet <strong>of</strong> private rear yard areashall provide additional on-site recreational amenities such as pools, tot lots, basketball courts,barbeque areas, pedestrian plazas, and useable open space.12.80.070 Planning Commission Decisions. The Planning Commission may approve, modify,approve with conditions, or deny <strong>the</strong> application for a Planned Unit Development. Any denial shall befinal unless appealed to <strong>the</strong> Board <strong>of</strong> Supervisors in accordance with 12.10.140 <strong>of</strong> this Chapter.12.80.080 Board <strong>of</strong> Supervisors'Decisions: Upon receipt <strong>of</strong> an appeal <strong>the</strong> Board <strong>of</strong> Supervisorsshall conduct a Public Hearing in accordance with 12.10.140. The Board may deny <strong>the</strong> project,approve <strong>the</strong> Planned Unit Development or approve <strong>the</strong> Planned Unit Development with modificationsif it makes <strong>the</strong> findings as provided in 12.80.050. (Ord. #906, #1395)12.80.090 (#906 DELETED BY #1197)12.80.100 Conformance With Approved Plans. No building permit shall be issued nor anyconstruction undertaken on a property subject to an approved Planned Unit Development unless it isin conformance with approved plans. (Ord. #906, #1395)01/10 Page 107 <strong>of</strong> 230
CHAPTER 12.82"SP-1" SPECIFIC PLAN-EAST LINDASections12.82.010 Purpose12.82.020 Establishment <strong>of</strong> Sub-Zones12.82.030 Public Facilities12.82.040 Single-Family Residential Sub-Zones12.82.050 Multiple-Family Residential Sub-Zones12.82.060 Business and Pr<strong>of</strong>essional (BP) Sub-Zone12.82.070 General Commercial (GC)12.82.080 Commercial Center (CC) Sub-Zone12.82.090 Public Facilities (PF) Sub-Zone___________________________________12.82.010 Purpose.(1) To implement <strong>the</strong> goals, policies and map <strong>of</strong> <strong>the</strong> East Linda Specific Plan.(2) To facilitate orderly development <strong>of</strong> a residential community consisting <strong>of</strong> single and multi-familyresidences, highway and neighborhood commercial uses, business and pr<strong>of</strong>essional commercial uses,schools and parks.(3) To regulate, restrict and separate <strong>the</strong> use <strong>of</strong> land, buildings and structures.(4) To regulate and limit <strong>the</strong> locations type, height and bulk <strong>of</strong> buildings and structures in variousdistricts.(5) To regulate <strong>the</strong> size and use <strong>of</strong> lots, setbacks, <strong>the</strong> areas <strong>of</strong> yards and o<strong>the</strong>r open space areasabutting and between buildings and structures.(6) To regulate <strong>the</strong> intensity <strong>of</strong> land use.(7) To divide <strong>the</strong> East Linda Specific Plan area into zoning districts <strong>of</strong> such number, shape, and areaas may be deemed best suited to carry out <strong>the</strong> purpose <strong>of</strong> this Chapter.(8) To complement <strong>the</strong> land use objectives set forth in <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> General Plan. (#1044)12.82.020 Establishment <strong>of</strong> Sub-Zones. In order to carry out <strong>the</strong> purposes <strong>of</strong> this chapter, <strong>the</strong> EastLinda Specific Plan area <strong>of</strong> <strong>the</strong> <strong>County</strong> is hereby divided into <strong>the</strong> following sub-zones:SP R-0.5: Single-family ResidentialSP R-1: Single-family ResidentialSP R-2: Single-family ResidentialSP R-3: Single-family ResidentialSP R-4: Single-family ResidentialSP R-4.5: Single-family ResidentialSP R-5: Single-family ResidentialSP R-6: Single-family Residential and Multi-family Residential01/10 Page 108 <strong>of</strong> 230
SP R-8: Single-family Residential and Multi-family ResidentialSP R-10: Multi-family ResidentialSP R-12: Multi-family ResidentialSP R-15: Multi-family ResidentialSP R-20: Multi-family ResidentialSP BP: Business Pr<strong>of</strong>essionalSP GC: General CommercialSP CC: Commercial CenterSP PF: Public Facilities (#1044)12.82.030 Public Facilities. All new development in <strong>the</strong> SP-1 Zone and all Sub-zones, shall beconnected to domestic water, sanitary sewer, and storm water drainage facilities. (#1044)12.82.040 Single-Family Residential Sub-Zones.(1) PURPOSE: The purposes <strong>of</strong> <strong>the</strong> single-family residential sub-zones are as follows:(A) To provide living areas within an area where development is limited to low densityconcentrations <strong>of</strong> single-family dwellings.(B) To promote and encourage a suitable environment for family life.(C) To provide space for community facilities needed to complement urban residential areasand for institutions which require a residential environment.(D) To minimize traffic congestion and avoid an overload <strong>of</strong> facilities designed to serviceonly low density residential use.(2) PERMITTED USES: The following uses and structures shall be permitted in <strong>the</strong> single-familyresidential subzones R-0.5, R-1, R-2, R-3, R-4, R-4.5, R-5, R-6, and R-8:(A) One single-family residence per parcel.(B) Accessory buildings such as garages, carports, lath houses, green houses, gardeningsheds, recreation rooms and similar structures which are customarily used in conjunction withand incidental to a principal use or structure.(C) Home occupation as defined in Chapter 12.95.(D) Storage <strong>of</strong> materials used for <strong>the</strong> construction <strong>of</strong> a building, including <strong>the</strong> contractor'stemporary <strong>of</strong>fice, provided that such use is on <strong>the</strong> building site or immediately adjacent<strong>the</strong>reto, and provided fur<strong>the</strong>r that such use shall be permitted only during <strong>the</strong> constructionperiod and 30 days <strong>the</strong>reafter.(E) Residential care facility serving not more than six (6) individuals with <strong>the</strong> exclusion <strong>of</strong>family members.(F) Small-family day care homes (1-6 children) in accorandce with Chapter 1.2120.(G) Second Dwelling Unit in accordance with Chapter 12.16.01/10 Page 109 <strong>of</strong> 230
(3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses andstructures may be permitted in <strong>the</strong> single-family residential sub-zones if a Conditional Use Permit hasfirst been secured:(A) (DELETED)(B) Public and private nonpr<strong>of</strong>it schools and colleges.(C) Churches and religious institutions, private clubs and lodges, private or publicplaygrounds and parks, private or public golf courses.(D) Government buildings.(E) The following lot configurations and yard setbacks in conjunction with development in<strong>the</strong> SP R-6, SP R-7 and SP R-8 subzones.(1) The minimum lot width shall be 50 feet for interior and sixty-five (65) feet for cornerlots in <strong>the</strong> SP R-6 sub-zone.(2) The minimum lot width shall be forty (40) feet for interior and fifty-five (55) feet forcorner lots in <strong>the</strong> SP R-7 and SP R-8 sub-zones.(3) The minimum net lot area shall be 5,000 sq. feet for interior and 6,365 square feetfor corner lots in <strong>the</strong> SP R-6 sub-zone.(4) The minimum net lot area shall be 4,200 square feet for interior and 5,365 squarefeet for corner lots in <strong>the</strong> SP R-7 and SP R-8 sub-zones.(5) Side Yard, Corner Lots: The minimum side yard setback shall be five (5) feet from<strong>the</strong> interior lot line and twenty (20) feet from <strong>the</strong> back <strong>of</strong> curb. The side yard setbackfrom one interior lot line may be eliminated when a "Zero Lot Line" or "Z Lot"configuration is proposed.(6) Side Yard, Interior Lots: The total minimum side yard setback shall be ten (10) feetper lot.(F) Up to four (4) model homes, a temporary building used as a contractor's <strong>of</strong>fice, acontractor's storage and construction yard, and a real estate sales <strong>of</strong>fice in connection withmarketing <strong>of</strong> a new subdivision in accordance with Section 12.10.700A(9).(4) LOT AREA: The minimum net lot area for each lot in Single-family residential sub-zones shallbe as follows:(A) SP R-0.5: two (2) acres.(B) SP R-1: one (1) acre.(C) SP R-2: 20,000 square feet.(D) SP R-3: 10,000 square feet.01/10 Page 110 <strong>of</strong> 230
(E) SP R-4, SP R-4.5, SP R-5, SP R-6, SP R-7, and SP R-8: 6,000 square feet-interior lots,7,365 square feet-corner lots.(5) LOT WIDTH: The minimum lot width for each lot in Single-family residential sub-zones shall beas follows:(A) SP R-0.5: not to exceed a 3:1 depth-to-width ratio.(B) SP-R-1: 120 feet.(C) SP-R-2: 85 feet.(D) SP R-3: 60 feet-interior lots, 75 feet-corner lots.(E) SP R-4: 60 feet-interior lots, 75 feet-corner lots.(F) SP R-4.5: 60 feet-interior lots, 75 feet-corner lots.(G) SP R-5: 55 feet-interior lots, 70 feet-corner lots.(6) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in single-familyresidential sub-zones. The minimum street frontage shall be as follows:(A) SP R-0.5, SP R-1, SP R-2: 60 feet minimum.(B) SP R-3, SP R-4, SP R-4.5, SP R-5, SP R-6, SP R-8: 40 feet minimum.(7) YARD SETBACK REQUIREMENTS:(A) The minimum yard setback for each building or structure erected or enlarged in singlefamilyresidential sub-zones shall be as follows:Sub-zone Front Side-Interior Lot Side-Corner Lot RearR - 0.5 50'20'50' 40'R - 1 50' 15' 30' 35'R - 2 40' 15' 30' 35'R - 3 32' 10' 22' 30'R - 4 27'* 5' 22' 20'R - 4.5 27'* 5' 22' 15'R - 5 27'* 5' 22' 15'R - 6 27'* 5' 22' 10'R - 7 27'* 5' 22' 10'R - 8 27'* 5' 22' 10'NOTE: Front yard side-corner lot yard setbacks shall be measured from <strong>the</strong> back edge <strong>of</strong> <strong>the</strong> streetcurb.* A minimum thirty-two (32) foot setback from <strong>the</strong> back <strong>of</strong> street curb is required for garages andcarports.(B) The minimum front yard set back in sub-zones SP R-4.5, SP R-5, SP R-6, SP R-7, and SP01/10 Page 111 <strong>of</strong> 230
R-8 shall be reduced to twenty-seven (27) from <strong>the</strong> back edge <strong>of</strong> <strong>the</strong> street curb for two car enclosedgarages where access is by a swing driveway.(C) The minimum rear yard setback in sub-zones SP R-4.5, SP R-5, SP R-6, SP R-7, and SPR-8 shall be reduced to five (5) feet for accessory structures.(D) The minimum front yard setback in <strong>the</strong> SP R-4, SP R-4.5, SP R-5, SP R-6, SP R-7, andSP R-8 shall be reduced to twenty-two (22) feet from <strong>the</strong> back <strong>of</strong> curb when a garage providing <strong>of</strong>fstreetparking is constructed adjacent to <strong>the</strong> rear lot line and when access to said garage is provided bya rear alley.(E) Projections into <strong>the</strong> minimum front and side yard setbacks may be allowed toaccommodate building projections and architectural design features as follows:(1) Eaves, cornices, belt courses, and o<strong>the</strong>r similar architectural ornamentation mayproject into a front or side yard setback not more than two (2) feet.(2) Open porches, covered unenclosed one-story porches, platforms, or terraces, <strong>the</strong>floors or which are not higher than <strong>the</strong> first floor <strong>of</strong> <strong>the</strong> building, may extend into <strong>the</strong>front yard setback a maximum <strong>of</strong> four (4) feet. Steps having a maximum height <strong>of</strong> three(3) feet may connect such porches, platforms, or terraces to <strong>the</strong> surface <strong>of</strong> <strong>the</strong> front yard.(3) Cantilevered bay windows and media niches, up to twelve (12) feet in width, mayproject a maximum <strong>of</strong> three (3) feet into <strong>the</strong> front yard setback or two (2) feet into <strong>the</strong>side yard setback where such projections do not extend to <strong>the</strong> ground surface. (#1044as amended by #1077, #1130, #1239, and 1374)(F) Where a rear yard abuts dedicated, permanent public open space or similar area, areduction in <strong>the</strong> required rear yard setback will be allowed as follows (Ord. #1374):(1) Patio structures including patio covers attached to or detached from a main oraccessory building and primarily open sided may extend into <strong>the</strong> minimum requiredrear yard setback as follows:a) Patio structures or covers shall not exceed a maximum height <strong>of</strong> fifteen (15) feet.b) Shall not be located closer than five (5) feet from <strong>the</strong> rear property line with eaveallowed to within three (3) feet <strong>of</strong> <strong>the</strong> rear property line.c) Shall conform to all lot coverage requirements and any additional developmentstandards including side yard setbacks.(8) BUILDING HEIGHT: The maximum height in <strong>the</strong> Single-family Residential sub-zones shall bethirty feet (30) for each structure and fifteen (15) feet for each accessory structure.(9) OFF-STREET PARKING:(A) Each lot or parcel <strong>of</strong> land shall have on <strong>the</strong> same lot or parcel, space suitable forproviding <strong>of</strong>f-street parking for at least two (2) automobiles for each dwelling unit. Such parkingfacilities shall be conveniently accessible and located at a place where <strong>the</strong> erection <strong>of</strong> structures ispermitted. Such parking facilities, along with <strong>the</strong> driveways, shall be paved with cement or asphalticconcrete. For all o<strong>the</strong>r uses, <strong>of</strong>f-street parking shall be provided as prescribed in Chapter 12.85.01/10 Page 112 <strong>of</strong> 230
(B) Automobile parking shall not obstruct sidewalks.(C) The parking <strong>of</strong> recreation vehicles including travel trailers and boats shall be prohibitedin <strong>the</strong> front yard setback area.(10) LANDSCAPING:(A) Landscaping shall be provided and maintained in accordance with <strong>the</strong> provisions <strong>of</strong>Chapter 12.87 pertaining to single-family residential zoning districts.(B) Landscaping and matching street trees as specified in <strong>the</strong> conditions <strong>of</strong> approval for <strong>the</strong>subdivision map shall be planted in eight (8) foot wide parkway strips in each front and street sideyard with a minimum <strong>of</strong> one tree per lot in sub-zones SP R-4 through SP R-8 prior to <strong>the</strong> issuance <strong>of</strong><strong>the</strong> Certificate <strong>of</strong> Building Occupancy. Said landscaping and street trees shall be maintained by <strong>the</strong>abutting property owner.(11) SIGNS: All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.(12) WALLS AND FENCES:(A) Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, exceptthat in a required front yard, or side yard <strong>of</strong> a corner lot, a fence, wall or hedge shall only be located inback <strong>of</strong> <strong>the</strong> sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to aheight <strong>of</strong> four (4) feet provided that <strong>the</strong> additional one (1) foot height is not <strong>of</strong> a solid material.(B) For land divisions consisting <strong>of</strong> five (5) lots or more, a solid masonry wall or fence notless than six (6) nor greater than eight (8) feet in height shall be built and maintained on those sides <strong>of</strong>property which abut an existing medium and high density residential use exceeding twelve (12)dwelling units per acre, a commercial use or an industrial use, or an urban collector or major arterialroad way as defined in <strong>the</strong> Circulation Element <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> General Plan.(13) DESIGN STANDARDS:(A) All new dwellings with street side entrances should be constructed with front porches.(B) Buildings within a neighborhood grouping should include a variety <strong>of</strong> ro<strong>of</strong> lines, buildingheights and color <strong>the</strong>mes to achieve visual interest. The architectural style should be compatibleamong all buildings within each new residential neighborhood.(14) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shallreview all development plans for compliance with <strong>the</strong> provisions <strong>of</strong> this <strong>Title</strong>. If, in <strong>the</strong> opinion <strong>of</strong> <strong>the</strong>Director, <strong>the</strong> proposed development will not meet <strong>the</strong> provision <strong>of</strong> this <strong>Title</strong>, <strong>the</strong> Director shall inform<strong>the</strong> applicant that <strong>the</strong> building permit or o<strong>the</strong>r entitlement <strong>of</strong> use is disapproved. (#1405, #142212.82.050 Multiple-Family Residential Sub-Zones.(1) PURPOSE: The purposes <strong>of</strong> <strong>the</strong> Multiple-family residential sub-zones are as follows:(A) To reserve appropriately located areas for family living in a variety <strong>of</strong> dwelling types at areasonable range <strong>of</strong> population densities.01/10 Page 113 <strong>of</strong> 230
(B) To ensure adequate light, air, privacy, and open space for each dwelling unit by controlsover <strong>the</strong> spacing and height <strong>of</strong> buildings and o<strong>the</strong>r structures.(C) To promote <strong>the</strong> most desirable use <strong>of</strong> land and direction <strong>of</strong> building development inaccordance with <strong>the</strong> General Plan.(D) To provide space for community facilities needed to complement urban residential areasand for institutions which require a residential environment.(E) To minimize traffic congestion.(2) PERMITTED USES: The following uses and structures shall be permitted in Multiple-familyResidential sub-zones SP R-6, Sp R-8, Sp R-10, SP R-12, SP R-15, SP R-20:(A) All permitted uses in Subsection 12.82.040(2) (Single-family Residential).(B) Multi-family dwellings.(3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses andstructures may be permitted in <strong>the</strong> Multiple-family Residential sub-zones only if a Conditional UsePermit has first been secured:(A) Boarding and rooming houses.(B) Mobilehome parks.(C) Convalescent hospitals.(D) Public and private nonpr<strong>of</strong>it nursery schools, elementary schools, junior high schools,high schools and colleges.(E) Churches and religious institutions, private clubs and lodges, public playgrounds andparks, private or public golf courses.(F) Government buildings.(G) Public utility buildings and public service or utility uses (transmission and distributionlines excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephoneexchanges, power stations, transformer stations, service yards and parking lots.(H) Residential care facility serving more than six (6) individuals with <strong>the</strong> exclusion <strong>of</strong>family members.(I) Day care centers as defined in Chapter 12.120.(4) LOT AREA:The minimum net lot area for each lot in Multiple-family Residential sub-zones shall be 6,000 squarefeet for an interior lot and 7,365 square feet for a corner lot.(5) LOT WIDTH: The minimum lot width for each lot in Multiple-family Residential Sub-zones01/10 Page 114 <strong>of</strong> 230
shall be 60 feet for interior lots and 75 feet for corner lots.(6) LOT DENSITY: The maximum number <strong>of</strong> dwelling units per acre shall be as follows:Sub-zone Minimum Units/Acre Maximum Units/AcreR-6 N/A 6R-8 N/A 8R-10 N/A 10R-12 6 12R-15 7 15R-20 10 20(7) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in Multiple-familyResidential sub-zones and have a minimum <strong>of</strong> forty (40) feet <strong>of</strong> street frontage.(8) YARD SETBACK REQUIREMENTS:(A) The minimum yard setback for each building or structure erected or enlarged in MultiplefamilyResidential sub-zones shall be as follows:One (1) Story Two (2) StoryFront Yard: 20' 30'Side Yard-Interior Lot: 5' 15'Side-Yard-CornerLot: 15' 30'Rear: 10' 20'NOTE: Front yard and side-corner lot yard setbacks shall be measured from <strong>the</strong> back edge <strong>of</strong><strong>the</strong> street curb.(B) The minimum front yard setback shall be reduced to twenty-seven (27) feet for two carenclosed garages where access is by a swing driveway or for carports in an apartment complex whichare screened by landscaping from <strong>the</strong> public road.(C) The minimum front yard setback in sub-zones R-6 through SP R-10 shall be reduced totwenty-seven (27) feet for two family dwelling units.(9) BUILDING HEIGHT: The maximum height in Multiple-family Residential sub-zone shall bethirty (30) feet for each primary structure and fifteen (15) feet for each accessory structure.(10) LANDSCAPING: Landscaping shall be provided and maintained in accordance with <strong>the</strong>provisions <strong>of</strong> Chapter 12.87 pertaining to multiple-family residential zoning districts.(11) OFF-STREET PARKING: Each lot or parcel <strong>of</strong> land shall have on <strong>the</strong> same lot or parcel spacesuitable for providing <strong>of</strong>f-street parking for at least two (2) automobiles for each dwelling unit. Suchparking facilities shall be conveniently accessible and located at a place where <strong>the</strong> erection <strong>of</strong>structures is permitted. Such parking facilities, along with <strong>the</strong> driveways, shall be paved with cementor asphaltic concrete. For all o<strong>the</strong>r uses, <strong>of</strong>f-street parking shall be provided as prescribed in Chapter12.85.01/10 Page 115 <strong>of</strong> 230
(12) DRIVEWAY: A driveway which serves an <strong>of</strong>f-street parking facility(ies) for fewer than three(3) dwelling units shall be at least ten (10) feet wide. A driveway which serves <strong>of</strong>f-street parkingfacilities for three (3) or more dwelling units <strong>of</strong> a multi-family development shall be at least twenty(20) feet wide. All driveways shall be paved <strong>the</strong> entire length and width as prescribed in Chapter12.85.(13) SIGNS: All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.(14) WALLS AND FENCES:(A) Fences, walls and hedges not exceeding eight (8) feet in height shall be permitted, exceptthat in a required front yard, or side yard <strong>of</strong> a corner lot, a fence, wall or hedge shall only be located inback <strong>of</strong> <strong>the</strong> sidewalk and shall not exceed three (3) feet in height. A fence or wall may be allowed to aheight <strong>of</strong> four (4) feet provided that <strong>the</strong> additional one (1) foot height is not <strong>of</strong> a solid material.(B) For multiple-family residential projects exceeding twelve (12) dwelling units per acre, asolid masonry wall not less than six (6) feet nor greater than eight (8) feet in height shall be built andmaintained on those sides <strong>of</strong> property which abut a low density residential zone or an existingcommercial or industrial use. This provision shall be met before <strong>the</strong> Certificate <strong>of</strong> Occupancy may beissued by <strong>the</strong> Building Official.(15) STORAGE:(A) No outside, unenclosed storage shall be permitted.(B) All common refuse collection areas for complexes consisting <strong>of</strong> three or more dwellingunits shall be enclosed on at least three (3) sides by five (5) foot high wall. Said wall shall beconstructed <strong>of</strong> masonry or o<strong>the</strong>r material as specifically approved by <strong>the</strong> Planning Director. The wallshall be consistent in architecture with <strong>the</strong> project in which it is located. Adequate access for refusepick-up shall be provided.(16) OPEN SPACE REQUIREMENTS:(A) Buildings, ro<strong>of</strong>ed areas and parking facilities, including drive and access ways, shall notcover more than 75% <strong>of</strong> <strong>the</strong> site. A minimum open space area around each building shall bemaintained as follows:One (1) Story Building = Ten (10) feet.Two (2) Story Building = Fifteen (15) feet.(B) Residential facilities such as swimming pools, tennis courts, tot-lots and picnic areasshall be provided to meet <strong>the</strong> projected needs <strong>of</strong> <strong>the</strong> project population.(C) All common open space areas shall be designated with a specific function.(D) Open space areas shall be connected with on-site pedestrian circulation systems.Common areas shall be readily accessible from all buildings.(E) Residential units adjacent to existing open space corridors should be oriented towards <strong>the</strong>open space and should incorporate such corridors in project design.01/10 Page 116 <strong>of</strong> 230
(17) NOISE AND LIGHTING.(A) All noise generating mechanical devices shall be located so that <strong>the</strong>ir potential as anuisance to abutting properties is minimized. In addition to location as a noise mitigation measure,noise reduction walls and low noise emission products shall be constructed to reduce noise levels to55 db(a) at <strong>the</strong> property lines.(B) Lighting from multi-family residential projects shall not create glare for adjacentresidential properties.(18) DESIGN STANDARDS:(A) Townhouse and apartment developments should be compatible, with regard to bulk,design, grading and landscaping, with developments on surrounding parcels.(B) Architectural treatment and detail shall be consistent among buildings, but should createvisual interest through orientation, form and alignment <strong>of</strong> individual buildings.(C) All screening, fencing and retaining walls shall be <strong>of</strong> compatible materials, color andtexture with <strong>the</strong>ir related buildings.(19) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shallreview all development plans for compliance with <strong>the</strong> provisions <strong>of</strong> this <strong>Title</strong>. If, in <strong>the</strong> opinion <strong>of</strong> <strong>the</strong>Director, <strong>the</strong> proposed development will not meet <strong>the</strong> provision <strong>of</strong> this <strong>Title</strong>, <strong>the</strong> Director shall inform<strong>the</strong> applicant that <strong>the</strong> building permit or o<strong>the</strong>r entitlement <strong>of</strong> use is disapproved. (#1044 as amendedby #1077, #1097, #1130, #1335, #1405)12.82.060 Business and Pr<strong>of</strong>essional (BP) Sub-Zone.(1) PURPOSE: The purposes <strong>of</strong> this sub-zone are as follows:(A) To provide an area for business and pr<strong>of</strong>essional <strong>of</strong>fice uses and compatible related uses.(B) To promote a harmonious development <strong>of</strong> business and pr<strong>of</strong>essional <strong>of</strong>fice areas withadjacent commercial or residential development.(C) To provide sufficient and appropriate space, and in particular sufficient depth from <strong>the</strong>street, to meet <strong>the</strong> needs <strong>of</strong> <strong>the</strong> <strong>County</strong>'s expected future economy for modern commercial floor spacein major commercial centers.(D) To streng<strong>the</strong>n <strong>the</strong> economic base <strong>of</strong> <strong>the</strong> <strong>County</strong> and to protect <strong>the</strong> <strong>County</strong>'s tax revenues.(E) To protect residential areas from incompatible commercial uses by controlling <strong>the</strong>locations and design <strong>of</strong> commercial areas.(2) PERMITTED USES: The following uses and structures shall be permitted in <strong>the</strong> BP sub-zone:(A) Pr<strong>of</strong>essional <strong>of</strong>fices or clinics including but not limited to architectural, engineering,financial, insurance, legal, medical and dental, and real estate.(B) Business services, agencies and firms including but not limited to advertising, computers<strong>of</strong>tware and system design, delivery, messenger, photocopy, stenographic, telephone answering,01/10 Page 117 <strong>of</strong> 230
ticket and travel.(C) Accessory uses which support <strong>the</strong> pr<strong>of</strong>essional and business uses in <strong>the</strong> complex and arelocated as a tenant in a building and not occupying more than 15% <strong>of</strong> <strong>the</strong> total floor area <strong>of</strong> <strong>the</strong>building, including but not limited to barbershop, beauty saloon, and eating and drinkingestablishments.(D) Underground public utility facilities.(E) Health Clubs, fitness centers, gyms, and athletic clubs. (#1403)(3) USES PERMITTED WITH A CONDITIONAL USE PERMIT: The following uses and structuresmay be permitted in <strong>the</strong> BP sub-zone if a Conditional Use Permit has first been secured.(A) Hospital.(B) Churches and religious institutions, private clubs and lodges.(C) Government buildings.(D) Schools and colleges.(E) Residential care facility.(F) Day care centers as defined in Chapter 12.120.(G) Public utility buildings and public service or utility uses (transmission and distributionlines excepted).(4) LOT AREA: The minimum net lot area for each lot in <strong>the</strong> BP sub-zone shall be 10,000 squarefeet.(5) LOT COVERAGE: Buildings, ro<strong>of</strong>ed areas and parking facilities, including drive and accessways, shall not cover more than 60% <strong>of</strong> <strong>the</strong> site.(6) LOT WIDTH: The minimum lot width for each lot in <strong>the</strong> BP sub-zone shall be one hundred (100)feet.(7) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in <strong>the</strong> BP sub-zonefor a minimum <strong>of</strong> sixty (60) feet.(8) YARD SETBACK REQUIREMENTS: The minimum yard setback for each building or structureerected or enlarged in <strong>the</strong> BP sub-zone shall be as follows:Front: 50'Side-interior lot: 25'Side-corner lot: 50'Rear: 25'(9) BUILDING HEIGHT: No building or structure in <strong>the</strong> BP sub-zone shall exceed thirty-five (35)feet in height.01/10 Page 118 <strong>of</strong> 230
(10) LANDSCAPING: Landscaping shall be provided and maintained in accordance with <strong>the</strong>provision <strong>of</strong> Chapter 12.87 pertaining to commercial zoning districts and in accordance with <strong>the</strong>following:(A) Business-pr<strong>of</strong>essional sites that abut residential areas shall provide a landscape buffer <strong>of</strong>not less than 10 feet wide for single-story buildings and 15 feet wide for two-story buildings.(B) Landscaping should include mounding and berming as a means <strong>of</strong> adding visual interest.(11) SIGNS: All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90 pertaining to commercialzoning districts.(12) OFF-STREET PARKING:(A) Off-street parking facilities shall be provided subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.85.(B) Bicycle storage shall be provided in a highly visible area at a ratio <strong>of</strong> one (1) space per1,000 square feet.(13) DRIVEWAY: All driveways which serve <strong>of</strong>f-street parking facilities shall be at least twenty(20) feet wide. All driveways shall be paved <strong>the</strong> entire length and width as prescribed in Chapter12.85.(14) WALLS AND FENCES: A solid wall not less than six (6) nor greater than eight (8) feet inheight shall be built and maintained on those sides <strong>of</strong> property which abut a residential zone, providedthat such a wall has not already been provided on <strong>the</strong> adjacent property. Said wall shall beconstructed <strong>of</strong> masonry and shall be consistent in architecture with <strong>the</strong> project in which it is located.(15) STORAGE:(A) No outside, unenclosed storage shall be permitted.(B) Loading, service and trash enclosure areas shall be fully screened from view by acombination <strong>of</strong> masonry walls, grade separation and/or dense landscaping.(C) Adequate access for refuse pick-up shall be provided.(16) NOISE AND LIGHTING:(A) All noise generating mechanical devices shall be located so that <strong>the</strong>ir potential as anuisance to abutting properties is minimized. In addition to location as a noise mitigation measure,noise reduction walls and low noise emission products shall be constructed to reduce noise levels to55 db (A) at <strong>the</strong> property lines.(B) Lighting from business-pr<strong>of</strong>essional projects shall not create glare for adjacent residentialproperties.(17) DESIGN STANDARDS:(A) Business and pr<strong>of</strong>essional buildings shall be oriented adjacent to roadways andsidewalks, with <strong>the</strong> primary parking areas at <strong>the</strong> rear and/or side <strong>of</strong> <strong>the</strong> building in order to make <strong>the</strong>buildings more inviting to pedestrians.01/10 Page 119 <strong>of</strong> 230
(B) Pedestrians plazas with landscaping, seating, drinking fountains and points <strong>of</strong> interest,such as water elements or sculpture, shall be incorporated into <strong>the</strong> project design.(C) Buildings shall be <strong>of</strong> an architectural design and character compatible with o<strong>the</strong>r newbuildings in <strong>the</strong> Specific Plan area in order to provide <strong>the</strong> quality image desired by pr<strong>of</strong>essional andcorporate users. Business-pr<strong>of</strong>essional buildings shall have unified design utilizing consistentbuilding materials, architectural style, textures, detail, landscaping and signage.(D) Diverse building layouts and orientations, varying setbacks building heights and bulk,staggering <strong>of</strong> buildings and ro<strong>of</strong> lines, and distinct architectural forms are encouraged to create visualinterest.(E) Compatible building materials, textures, details, colors, ro<strong>of</strong> treatment, and landscapingshall be used on all sides <strong>of</strong> building visible from roadways, adjacent properties or <strong>the</strong> general public.(F) Tilt-up type construction is discouraged. If used, it shall be covered by stucco, brick oro<strong>the</strong>r approved surface treatment approved by <strong>the</strong> Planning Director.(G) Screens, fences and accessory structures shall be compatible in material, color andtexture with <strong>the</strong> main buildings.(H) Pedestrian walkways shall provide access to business-pr<strong>of</strong>essional areas separate frommajor vehicular driveways and circulation.(18) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shallreview all development plans for compliance with <strong>the</strong> provisions <strong>of</strong> this <strong>Title</strong>. If, in <strong>the</strong> opinion <strong>of</strong> <strong>the</strong>Director, <strong>the</strong> proposed development will not meet <strong>the</strong> provision <strong>of</strong> this <strong>Title</strong>, <strong>the</strong> Director shall inform<strong>the</strong> applicant that <strong>the</strong> building permit or o<strong>the</strong>r entitlement <strong>of</strong> use is disapproved. (#1044, #1405)12.82.070 General Commercial (GC).(1) PURPOSE: The purposes <strong>of</strong> this sub-zone are as follows:(A) To provide an area for small retail sales and service centers, specialty retail stores,convenience commercial and consumer service establishments and limited business and pr<strong>of</strong>essional<strong>of</strong>fice uses.(B) To streng<strong>the</strong>n <strong>the</strong> economic base <strong>of</strong> <strong>the</strong> <strong>County</strong> and to protect <strong>the</strong> <strong>County</strong>'s tax revenues.(C) To protect residential areas from incompatible commercial uses by controlling <strong>the</strong>locations and design <strong>of</strong> commercial areas.(2) PERMITTED USES: The following uses and structures when conducted solely within a buildingshall be permitted in <strong>the</strong> GC sub-zone:(A) Retail trade establishments: appliances, apparel, automotive supplies, drugs, food,general merchandise, home improvement, home furnishing, and liquor stores.(B) Business and pr<strong>of</strong>essional uses, identified in subsection 12.82.060(2)(A) and (B)occupying less than 2,000 square feet in floor area.01/10 Page 120 <strong>of</strong> 230
(C)windows.Eating and drinking establishments excluding "fast-food" restaurants with drive-uprental.(D) Specialty retail establishments including but not limited to florists, jewelers, video tape(E) Consumer service establishments including but not limited to barber shops, dance orgymnastics studios, hair salons, health, clubs, fitness centers, gyms, athletic clubs, Laundromats,travel agencies, radio and/or TV repair, photography studio, shoe repair. (#1403)(F) Underground public utility facilities.(3) Uses permitted with a Conditional Use Permit: The following uses and structures are permitted in<strong>the</strong> GC sub-zone if a Conditional Use Permit has first been secured:(A) Automotive service stations, car wash establishments, repair garages excluding paintingand tire sales.(B) Eating and drinking establishments with drive up windows.(C) Government buildings.(D) Schools and colleges.(E) Public utility facilities, accessory structures, and service yards.(F) Retail trade and consumer service establishments excluding auto sales involving outdoorstorage.(4) LOT AREA: The minimum net lot area for each lot in <strong>the</strong> GC sub-zone shall be 10,000 squarefeet.(5) LOT WIDTH: The minimum lot width for each lot in <strong>the</strong> GC sub-zone shall be one-hundred(100) feet.(6) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in <strong>the</strong> GC sub-zonefor a minimum <strong>of</strong> sixty (60) feet.(7) YARD SETBACK REQUIREMENTS: The minimum yard setback for each building or structureerected or enlarged in <strong>the</strong> GC sub-zone shall be as follows:Front: 25'Side-interior lot: None, 15'if adjacent to a residential zone.Side-corner lot: 25'Rear: 15'(8) BUILDING HEIGHT: No building or structure in <strong>the</strong> GC sub-zone shall exceed thirty (30) feet inheight.(9) LANDSCAPING: Landscaping shall be provided and maintained in accordance with <strong>the</strong>provision <strong>of</strong> Chapter 12.87 pertaining to commercial zoning districts. In addition, a landscape buffer<strong>of</strong> not less than 10 feet wide for single-story buildings and 15 feet for two-story buildings shall be01/10 Page 121 <strong>of</strong> 230
provided on Commercial sites that abut residential areas.(10) SIGNS: All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90 pertaining to commercialzoning districts.(11) OFF-STREET PARKING:(A) Off-street parking facilities shall be provided subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.85.(B) Secure bicycle parking areas shall be provided at each commercial location.(C) Parking lot design shall provide for good aisle circulation, adequate truck loading areas,minimization <strong>of</strong> conflicts, and ease <strong>of</strong> access. Angle parking with one-way circulation shall beutilized when practical.(D) Parking shall be located long <strong>the</strong> sides and/or rear <strong>of</strong> structures ra<strong>the</strong>r than in frontwherever feasible, in order to pull storefronts closer to <strong>the</strong> sidewalk, <strong>the</strong>reby creating environmentswhich are inviting to pedestrians as well as more human in scale.(E) Visually-separated service entries shall be provided for <strong>the</strong> delivery <strong>of</strong> merchandise.(12) DRIVEWAY: All driveways which serve <strong>of</strong>f-street parking facilities shall be at least twenty(20) feet wide. All driveways shall be paved <strong>the</strong> entire length and width as prescribed in Chapter12.85.(13) WALLS AND FENCES: A solid wall not less than six (6) nor greater than eight (8) feet inheight shall be built and maintained on those sides <strong>of</strong> property which abut a residential zone, providedthat such a wall has not already been provided on <strong>the</strong> adjacent property. Said wall shall beconstructed <strong>of</strong> masonry and shall be consistent in architecture with <strong>the</strong> project in which it is located.(14) STORAGE:(A) Loading, service and trash enclosure areas shall be fully screened from view by acombination <strong>of</strong> masonry walls, grade separation and/or dense landscaping.(B) Adequate access for refuse pick-up shall be provided.(15) NOISE AND LIGHTING:(A) All noise generating mechanical devices shall be located so that <strong>the</strong>ir potential as anuisance to abutting residential properties is minimized. Noise reduction walls and low noiseemission products shall be constructed to reduce noise levels to 55 db(A) at <strong>the</strong> property lines.(B) Lighting from Commercial projects shall not create glare for adjacent residential uses.(16) DESIGN STANDARDS:(A) Tilt-up type construction is generally discouraged for commercial buildings. If used, itshall be covered by stucco, brick or o<strong>the</strong>r surface treatment approved by <strong>the</strong> Planning Director.(B) Compatible building materials, textures, detail, colors, ro<strong>of</strong> treatment and landscapingshall be used on all sides <strong>of</strong> buildings visible from roadways, adjacent properties or <strong>the</strong> general public.01/10 Page 122 <strong>of</strong> 230
(C) Buildings shall be designed and sited in proper proportion and manner to be compatiblewith <strong>the</strong> architectural design and siting <strong>of</strong> existing and proposed buildings in surrounding residentialareas.(D) Screens, fences and accessory structures shall be compatible in material, color andtexture with <strong>the</strong> main buildings.(E) Pedestrian walkways shall provide access to commercial areas separate from majorvehicular driveways and circulation where feasible.(17) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shallreview all development plans for compliance with <strong>the</strong> provisions <strong>of</strong> this <strong>Title</strong>. If, in <strong>the</strong> opinion <strong>of</strong> <strong>the</strong>Director, <strong>the</strong> proposed development will not meet <strong>the</strong> provision <strong>of</strong> this <strong>Title</strong>, <strong>the</strong> Director shall inform<strong>the</strong> applicant that <strong>the</strong> building permit or o<strong>the</strong>r entitlement <strong>of</strong> use is disapproved. (#1044, #1405)12.82.080 Commercial Center (CC) Sub-Zone.(1) PURPOSE: The purposes <strong>of</strong> this sub-zone are as follows:(A) To provide an area which will <strong>of</strong>fer a wide choice <strong>of</strong> retail goods and services as well aslodging and recreation services while promoting <strong>the</strong> unified grouping <strong>of</strong> said uses, with convenient<strong>of</strong>f-street parking and loading areas.(B) To provide sufficient and appropriate space, and in particular sufficient depth from <strong>the</strong>street, to meet <strong>the</strong> needs <strong>of</strong> <strong>the</strong> <strong>County</strong>'s expected future economy for modern retail development incommercial centers.(C) To streng<strong>the</strong>n <strong>the</strong> economic base <strong>of</strong> <strong>the</strong> <strong>County</strong> and to protect <strong>the</strong> <strong>County</strong>'s tax revenue.(D) To protect residential areas from incompatible commercial uses by controlling <strong>the</strong>locations and design <strong>of</strong> commercial areas.(2) PERMITTED USES: The following uses and structures when conducted solely within a buildingshall be permitted in <strong>the</strong> CC sub-zone:(A) Retail trade, eating and drinking, specialty retail, and consumer service establishmentsidentified in subsection 12.82.070(2) and business and pr<strong>of</strong>essional uses identified in subsection12.82.070(2) and business and pr<strong>of</strong>essional uses identified in subsection 12.82.060(2)(A) and (B)without drive-up tellers.(B) Automotive repair service as an incidental use to a permitted retail use.(C) Lodging including hotels and motels.(D) Indoor recreational uses and structures including but not limited to <strong>the</strong>aters, gyms, skaterinks, bowling alleys and martial arts studios.(E) Underground public utility facilities.(3) USES PERMITTED WITH A CONDITIONAL USE PERMIT:The following uses and structures are permitted in <strong>the</strong> CC sub-zone if a Conditional Use Permit has01/10 Page 123 <strong>of</strong> 230
first been secured:(A) All uses and structures identified in subsection 12.82.070(3).(B) Business and pr<strong>of</strong>essional uses utilizing drive-up tellers.(C) Outdoor recreational uses and structures excluding drive-in movie <strong>the</strong>aters.(4) LOT AREA: The minimum net lot area for each lot in <strong>the</strong> CC sub-zone shall be 10,000 squarefeet.(5) LOT WIDTH: The minimum lot width for each lot in <strong>the</strong> CC sub-zone shall be one-hundred(100) feet.(6) PUBLIC STREET FRONTAGE: Each parcel or lot shall abut a public street in <strong>the</strong> CC sub-zonefor a minimum <strong>of</strong> sixty (60) feet.(7) YARD SETBACK REQUIREMENTS: The minimum yard setback for each building or structureerected or enlarged in <strong>the</strong> CC sub-zone shall be as follows:Front: 50'Side-interior lot: None, 25'if adjacent to a residential zone.Side-corner lot: 50'Rear: 25'(8) BUILDING HEIGHT: No building or structure in <strong>the</strong> CC sub-zone shall exceed thirty-five (35)feet in height.(9) LANDSCAPING: Landscaping shall be provided and maintained in accordance with <strong>the</strong>provision <strong>of</strong> Chapter 12.87 pertaining to commercial zoning districts. In addition, a landscape buffer<strong>of</strong> not less than 10 feet wide for single-story buildings and 15 feet for two-story buildings shall beprovided on Commercial sites that abut residential areas.(10) SIGNS: All signs shall be subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.90 pertaining to commercialzoning districts.(11) OFF-STREET PARKING:(A) Off-street parking facilities shall be provided subject to <strong>the</strong> provisions <strong>of</strong> Chapter 12.85.(B) Secure bicycle parking areas shall be provided at each commercial location.(C) Parking lot design shall provide for good aisle circulation, adequate truck loading areas,minimization <strong>of</strong> conflicts, and ease <strong>of</strong> access. Angle parking with one-way circulation shall beutilized when practical.(D) Parking shall be located along <strong>the</strong> sides and/or rear <strong>of</strong> structures ra<strong>the</strong>r than in frontwherever feasible, in order to pull storefronts closer to <strong>the</strong> sidewalk, <strong>the</strong>reby creating environmentswhich are inviting to pedestrians as well as more human in scale.(E) Visually-separated service entries shall be provided for <strong>the</strong> delivery <strong>of</strong> merchandise.01/10 Page 124 <strong>of</strong> 230
(12) DRIVEWAY: All driveways which serve <strong>of</strong>f-street parking facilities shall be at least twenty(20) feet wide. All driveways shall be paved <strong>the</strong> entire length and width as prescribed in Chapter12.85.(13) WALLS AND FENCES: A solid wall not less than six (6) nor greater than eight (8) feet inheight shall be built and maintained on those sides <strong>of</strong> property which abut a residential zone, providedthat such a wall has not already been provided on <strong>the</strong> adjacent property. Said wall shall beconstructed <strong>of</strong> masonry and shall be consistent in architecture with <strong>the</strong> project in which it is located.(14) STORAGE:(A) Loading, service and trash enclosure areas shall be fully screened from view by acombination <strong>of</strong> masonry walls, grade separation and/or dense landscaping.(B) Adequate access for refuse pick-up shall be provided.(15) NOISE AND LIGHTING:(A) All noise generating mechanical devices shall be located so that <strong>the</strong>ir potential as anuisance to abutting residential properties is minimized. Noise reduction walls and low noiseemission products shall be constructed to reduce noise levels to 55 db(A) at <strong>the</strong> property lines.(B) Lighting from Commercial projects shall not create glare for adjacent residential uses.(16) DESIGN STANDARDS:(A) Tilt-up type construction is generally discouraged for commercial buildings. If used, itshall be covered by stucco, brick or o<strong>the</strong>r surface treatment approved by <strong>the</strong> Planning Director.(B) Facilities to encourage and accommodate pedestrians and public activity, as well as tocreate a sense <strong>of</strong> "place" shall be incorporated into <strong>the</strong> design <strong>of</strong> commercial projects <strong>of</strong> ten (10) acresor more. Such facilities shall include, but not be limited to, plazas, fountains, pedestrian seating areasand o<strong>the</strong>r design elements.(C) Buildings shall be designed and sited in proper proportion and manner to be compatiblewith <strong>the</strong> architectural design and sitting <strong>of</strong> o<strong>the</strong>r buildings in surrounding residential areas.(D) Commercial centers shall have a unified design utilizing consistent building materials,architectural styles, textures, detail colors, fencing, screening, landscaping and signage. When <strong>the</strong>rear or side <strong>of</strong> a commercial building is visible to <strong>the</strong> public or from adjacent land uses, suchelevations shall be treated with <strong>the</strong> same architectural treatment, materials and colors as <strong>the</strong> primaryfrontage.(E) Pedestrian walkways shall provide access to commercial areas separate from majorvehicular driveways and circulation where feasible.(17) DEVELOPMENT PLAN REVIEW: The Planning Director or his or her representative shallreview all development plans for compliance with <strong>the</strong> provisions <strong>of</strong> this <strong>Title</strong>. If, in <strong>the</strong> opinion <strong>of</strong> <strong>the</strong>Director, <strong>the</strong> proposed development will not meet <strong>the</strong> provision <strong>of</strong> this <strong>Title</strong>, <strong>the</strong> Director shall inform<strong>the</strong> applicant that <strong>the</strong> building permit or o<strong>the</strong>r entitlement <strong>of</strong> use is disapproved. (#1044, #1405)01/10 Page 125 <strong>of</strong> 230
12.82.090 Public Facilities (PF) Sub-Zone. Public schools, parks, civic center, fire and policestations, public utility facilities and o<strong>the</strong>r similar uses and structures shall be permitted in <strong>the</strong> PF subzonein accordance with Chapter 12.72 and with <strong>the</strong> following:(1) PUBLIC UTILITIES: Public utilities such as transformers, terminal boxes, meters, firerisers, back flow preventers and o<strong>the</strong>r similar facilities, shall be screened and oriented away frompublic view except as required by <strong>the</strong> <strong>County</strong> or public utility companies.(2) PUBLIC FACILITIES: Public facilities shall be designed and landscaped compatible withadjacent non-public uses.(3) INSTITUTIONAL USES: Institutional uses shall be <strong>of</strong> a design and scale compatible withneighboring residential uses and shall incorporate landscaping, setbacks and siting standards similar tothose required in adjacent land uses. (#1044)01/10 Page 126 <strong>of</strong> 230
CHAPTER 12.83“S/E” SPORTS/ENTERTAINMENT ZONESections12.83.010 Purpose12.83.020 Permitted Uses12.83.030 Development Standards andRequirements12.83.010 Purpose. This Zone Classification is intended to be applied to property designated asSports/Entertainment pursuant to <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Raceway, which can be used for, or proposed to beused for, a sports facility including a motor vehicle raceway, a golf course, an amphi<strong>the</strong>atre,commercial uses (including but not limited to commercial uses related to a raceway or amphi<strong>the</strong>atre),and accessory uses. (Ord. #1219)12.83.020 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> “S/E” Zone”(1) A motor vehicle racing facility, which may include such structures as an oval track for motorvehicle racing, a road course, a dragstrip, infield service or spectator areas, spectator grandstands andrelated visitor-serving uses, garages and parking, service facilities for race vehicles, and restroom andmeeting facilities.(2) An amphi<strong>the</strong>atre or entertainment facility for <strong>the</strong> performance <strong>of</strong> concerts or o<strong>the</strong>r entertainmentevents, including such structures and uses as restaurants and food service, parking, and concessions.(3) Equestrian and rodeo events.(4) Restaurants, food service, and hotel and lodging facilities.(5) Facilities which may be required or desirable to provide services to a sports center andamphi<strong>the</strong>atre, including water supply, water treatment, and wastewater treatment and disposal.(6) Uses and structures which are incidental or accessory to <strong>the</strong> permitted uses.(7) Uses and structures which <strong>the</strong> Planning Director determines by written findings are similar to <strong>the</strong>above. (Ord. #1219, #1405)12.83.030 Development Standards and Requirements. The following development standards andrequirements shall be fulfilled in connection with <strong>the</strong> construction <strong>of</strong> a raceway and amphi<strong>the</strong>atre in<strong>the</strong> “S/E” Zone:(1) All facilities and uses on <strong>the</strong> site shall be required to comply with all applicable federal, state,and local laws, ordinances, and regulations.(2) To provide adequate access to <strong>the</strong> site, <strong>the</strong> following easements and rights <strong>of</strong> way shall bededicated to <strong>Yuba</strong> <strong>County</strong>:01/10 Page 127 <strong>of</strong> 230
(a) Sufficient right-<strong>of</strong>-way easement to provide an ultimate 55-foot wide roadway for <strong>the</strong>portion <strong>of</strong> Forty Mile Road lying adjacent to <strong>the</strong> bounds <strong>of</strong> <strong>Yuba</strong> <strong>County</strong> Raceway Site.(b) An ultimate 110 foot right-<strong>of</strong>-way easement for road purposes for that portion <strong>of</strong> FortyMile Road from State Highway 65 sou<strong>the</strong>rly to Plumas Arboga Road.(c) An ultimate 84 foot right-<strong>of</strong>-way easement for road purposes for that portion <strong>of</strong> PlumasArboga Road and Algodon Road from Forty Mile Road westerly to <strong>the</strong> westerly right-<strong>of</strong>-wayline <strong>of</strong> State Highway 70.(3) To provide adequate access to <strong>the</strong> site, funding shall be provided to <strong>Yuba</strong> <strong>County</strong> to complete<strong>the</strong> construction <strong>of</strong> <strong>the</strong> following road improvements in compliance with any applicable standards <strong>of</strong><strong>the</strong> California Department <strong>of</strong> Transportation (Caltrans) and <strong>Yuba</strong> <strong>County</strong>, and to acquire anyadditional right <strong>of</strong> way required for such construction consistent with Caltrans and <strong>Yuba</strong> <strong>County</strong>requirements:(a) An <strong>of</strong>f-ramp from State Highway 70 to Algodon Road. An auxiliary freeway lane shall beconstructed in conjunction with, and at <strong>the</strong> time <strong>of</strong>, <strong>the</strong> planned widening <strong>of</strong> State Highway70.(b) An on-ramp from Algodon Road onto State Highway 70. An auxiliary freeway lane shallbe constructed in conjunction with, and at <strong>the</strong> time <strong>of</strong>, <strong>the</strong> planned widening <strong>of</strong> State Highway70.(c) A 3-lane roadway from <strong>the</strong> westerly right-<strong>of</strong>-way line <strong>of</strong> State Highway 70 easterly alongAlgodon Road and Plumas Arboga Road to Forty Mile Road.(d) A southbound <strong>of</strong>f-ramp from State Highway 65 to Forty Mile Road including an auxiliaryfreeway lane.(e) A 4-lane roadway from State Highway 65 sou<strong>the</strong>rly along Forty Mile Road to PlumasArboga Road.(f) The northbound left turn pocket on State Highway 65 at Morrison Road shall beleng<strong>the</strong>ned to provide a deceleration lane.g) A 3-lane roadway from State Highway 65 westerly along Morrison Road to <strong>the</strong> sou<strong>the</strong>rlyboundary line <strong>of</strong> <strong>the</strong> project.(h) If requested by Caltrans prior to commencement <strong>of</strong> operations <strong>of</strong> o<strong>the</strong>r raceway, completefunding shall be provided for a traffic signal at <strong>the</strong> intersection <strong>of</strong> State Route 65 and MainStreet within <strong>the</strong> City <strong>of</strong> Wheatland.(4) A water system for public use and a sewage treatment and disposal system shall be constructedin compliance with applicable standards.(5) At least 30 days prior to operating a raceway or amphi<strong>the</strong>atre facility, a traffic control andsecurity plan shall be prepared in coordination with <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Sheriff, <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Office<strong>of</strong> Emergency Services, <strong>the</strong> California Highway Patrol, <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Agricultural Commissioner,and <strong>the</strong> Plumas Brophy Fire Protection District. This plan shall address such elements as satelliteparking facilities, shuttle bus usage and routes, information brochures, emergency services access,employee rideshare during major events, avoidance <strong>of</strong> conflicts with agricultural operations, and <strong>the</strong>01/10 Page 128 <strong>of</strong> 230
security and safety for spectators, visitors and employees. The plan shall be updated at least annuallyin coordination with <strong>the</strong> same agencies.(6) Race events shall be scheduled so as to disperse arrivals and departures from <strong>the</strong> site overseveral hours <strong>of</strong> <strong>the</strong> day to reduce peak hour demand on <strong>the</strong> adjacent transportation system. This shallinclude scheduling <strong>of</strong> o<strong>the</strong>r races and attractions both before and after <strong>the</strong> main event.(7) Fire protection and emergency response shall be provided at race events in compliance with allapplicable laws and regulations. At least 30 days prior to operating a raceway, a fire protection andemergency response plan shall be prepared in coordination with <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Office <strong>of</strong>Emergency Services and Plumas-Brophy Fire Protection District.(8) A preconstruction survey shall be conducted to determine whe<strong>the</strong>r Swainson’s Hawk nesting isoccurring on <strong>the</strong> site during <strong>the</strong> raptor nesting season. If Swainson’s Hawk nesting is observed, aconstruction buffer <strong>of</strong> not less than 150 feet shall be maintained during <strong>the</strong> nesting season from Marchto July.(9) If evidence <strong>of</strong> subsurface archaeological resources is found during construction, excavation in<strong>the</strong> vicinity <strong>of</strong> <strong>the</strong> find shall cease, a pr<strong>of</strong>essional archaeologist shall conduct an evaluation inaccordance with state and federal laws and regulations, and <strong>the</strong> find shall be documented or preservedto <strong>the</strong> extent required by applicable laws and regulations.(10) A six foot high chain link fence shall be erected along <strong>the</strong> project boundary where it abuts <strong>the</strong>main South <strong>Yuba</strong> Water District canal. The fence shall be set back far enough from <strong>the</strong> canal to allowaccess for maintenance <strong>of</strong> <strong>the</strong> canal. Fence-line security along <strong>the</strong> South <strong>Yuba</strong> Water District canalshall be provided during racing events.(11) No overnight camping or recreational vehicle parking shall be permitted within 150 feet <strong>of</strong> <strong>the</strong>South <strong>Yuba</strong> Water District main canal. (Ord. #1219)01/10 Page 129 <strong>of</strong> 230
CHAPTER 12.84“I/C” INDUSTRIAL/COMMERCIAL ZONESections12.84.010 Purpose12.84.020 Permitted Uses12.84.030 Uses Permitted With a ConditionalUse Permit______________________________12.84.010 Purpose. This Zone Classification is intended to be applied to property designated asIndustrial/Commercial pursuant to <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Raceway, which can be used for, or proposed tobe used for, a mix <strong>of</strong> light industrial and commercial uses which are compatible with <strong>the</strong> raceway ando<strong>the</strong>r uses to be developed in <strong>the</strong> Sports/Entertainment Zone (Ord. #1219)12.84.020 Permitted Uses. The following uses and structures shall be permitted in <strong>the</strong> “I/C” Zone”:(1) Research and development and light industrial uses and facilities, including motor vehicle testingand o<strong>the</strong>r research and development related to motor vehicle technology.(2) Hotels, motels, restaurants, food service, parking and concessions.(3) Retail and commercial service uses relating to equestrian and rodeo events.(4) Motor vehicle dealers, repair and service stations, repair garages, tire sales, body shops andvehicle paint shops, providing any repair, bodywork or painting is conducted inside a building.(5) Retail trade and wholesale trade establishments.(6) Uses and structures which are incidental or accessory to <strong>the</strong> permitted uses.(7) Uses and structures which <strong>the</strong> Planning and Building Services Director determines by writtenbindings are similar to <strong>the</strong> above. (Ord. #1219)12.84.030 Uses Permitted With a Conditional Use Permit. The following uses and structures maybe permitted in <strong>the</strong> “I/C” Zone” only if a Conditional Use Permit has been secured:(1) All permitted uses in <strong>the</strong> “C” General Commercial Zone, and all uses permitted with aconditional use permit in <strong>the</strong> “C” General Commercial Zone, except to <strong>the</strong> extent such uses arespecifically permitted pursuant to Section 12.84.020 above.(2) All permitted uses in <strong>the</strong> “RC” Rural Commercial Zone, and all uses permitted with aconditional use permit in <strong>the</strong> “RC” Rural Commercial Zone, except to <strong>the</strong> extent such uses arespecifically permitted pursuant to Section 12.84.020 above. (Ord. #1219)01/10 Page 130 <strong>of</strong> 230
CHAPTER 12.85OFF-STREET PARKING AND LOADING FACILITIESSections12.85.010 Purpose12.85.020 Definitions12.85.030 Parking Space Requirement12.85.040 Requirements for Parking Variances12.85.050 Standards for Off-Street Parking Facilities12.85.060 Off-Street Loading Facilities12.85.070 Bicycle Parking Requirement______________________________________12.85.010 Purpose. In order to prevent traffic congestion, <strong>of</strong>f-street parking facilities shall beprovided incidental to any new building or structure and major alterations and enlargements <strong>of</strong>existing uses. Off-Street parking spaces or areas required shall be in proportion to <strong>the</strong> need for suchfacilities created by <strong>the</strong> particular type <strong>of</strong> land use. Off-street parking facilities shall also be laid outin such a manner that <strong>the</strong> facilities will protect <strong>the</strong> public safety and insulate surrounding land usesfrom <strong>the</strong>ir impact. (#906)12.85.020 Definitions.(1) PARKING AREA, OFF-STREET: An area, building or space exclusive <strong>of</strong> street or alley rights-<strong>of</strong>way,used for <strong>the</strong> parking <strong>of</strong> automobiles.(2) PARKING AREA, PUBLIC: An <strong>of</strong>f-street parking area publicly or privately owned available forpublic use whe<strong>the</strong>r free, for compensation or as an accommodation for clients or customers.(3) PARKING SPACE: Space in <strong>the</strong> open, within a structure on private property or in a public parkingarea designed for <strong>the</strong> parking <strong>of</strong> one automobile.(4) NET FLOOR AREA: The total floor area excluding public areas such as hallways, stairs, lobbiesand storage or service areas.(5) GROSS FLOOR AREA: The total floor area including public areas such as hallways, lobbies,washrooms, related storage areas, and service rooms or areas but excluding unfinished dead storageand mechanical areas.(6) SEATS OR SEATING CAPACITY: Shall refer to <strong>the</strong> actual seating capacity <strong>of</strong> an area basedupon <strong>the</strong> number <strong>of</strong> seats or one seat per 18 inches <strong>of</strong> bench or pew length.(7) SHOPPING CENTER: A group <strong>of</strong> contiguous retail stores, service facilities and related usesutilizing common facilities such as parking, landscaping, signing and loading areas. This group doesnot have to be in a single ownership.(8) PLACE OF PUBLIC ASSEMBLY: A location, auditorium hall or similar facility, publicly orprivately owned, developed for <strong>the</strong> principal purpose <strong>of</strong> accommodating groups <strong>of</strong> persons formeetings, exhibitions, shows and o<strong>the</strong>r public interest events.01/10 Page 131 <strong>of</strong> 230
(9) BICYCLE PARKING: Bicycle parking facilities shall include provisions for storage and locking<strong>of</strong> bicycles, ei<strong>the</strong>r in locers or secured racks, or equivalent installations in which <strong>the</strong> bicycle wheelsand frame may be locked. Racks and lockers shall be anchored so that <strong>the</strong>y cannot be easily removed.(#906, as amended by #1403)12.85.030 Parking Space Requirements. Off-street parking space shall be provided in connectionwith <strong>the</strong> erection or major alteration, extension, or change <strong>of</strong> use <strong>of</strong> any building or structure asfollows:(1) Residential:(a) Rooming houses, boarding houses, and private lodges shall provide at least one (1) parkingspace for each bedroom.(b) Hotels and motels shall provide one space for each room. There shall be one (1) parkingspace for each two (2) employees per shift regularly employed by <strong>the</strong> establishment within <strong>the</strong>motel/hotel.(c) Mobilehome parks shall provide at least two (2) parking spaces for each mobilehomespace.(d) Residential care facilities shall provide at least two (2) parking spaces.(2) Medical Offices, Clinics, Hospitals, and O<strong>the</strong>r Facilities:(a) Dental and medical clinics and <strong>of</strong>fices: one (1) parking space for each two hundred (200)square feet <strong>of</strong> gross floor area, or four (4) parking spaces for each doctor, whichever is greater.(b) Hospitals: 1.3 spaces per bed.(c) Veterinary hospitals and <strong>of</strong>fices: one (1) parking space for each two hundred fifty (250)square feet <strong>of</strong> gross floor area.(d) Convalescent Hospitals: 15 spaces, 4 beds.(3) Educational Facilities:(a) Kindergarten and nursery schools: one (1) parking space for each employee plus one (1)parking space for each ten (10) children.(b) Elementary and junior high schools: one (1) parking space for each employee plus two (2)parking spaces for each classroom.(c) High Schools: one (1) parking space for each employee plus seven (7) parking spaces foreach classroom.(d) Colleges, business and pr<strong>of</strong>essional schools and colleges, trade schools: One (1) parkingspace for each employee plus ten (10) parking spaces for each classroom.(e) Trade Schools: One space for every sixty feet <strong>of</strong> classroom plus one space for every 2501/10 Page 132 <strong>of</strong> 230
square feet <strong>of</strong> o<strong>the</strong>r floor area.(4) Places <strong>of</strong> Public Assembly: For auditoriums, community centers, <strong>the</strong>aters, churches, libraries,museums, stadiums, clubs and funeral chapels: one (1) parking space for every five (5) permanentseats or one (1) parking space for every thirty (30) square feet <strong>of</strong> gross floor are, whichever is less.(5) Recreational Facilities:(a) Bowling alleys: four (4) parking spaces for each alley plus one (1) parking space for eachone hundred (100) square feet <strong>of</strong> gross floor area used for restaurant and/or cocktail lounge.(b) Billiard and/or Pool Parlor: two (2) parking spaces for each table.(c) Dance Halls: one (1) parking space for each thirty-five (35) square feet <strong>of</strong> dance floor area,plus one (1) parking space for each five (5) fixed seats or for each thirty-five (35) square feet <strong>of</strong>seating area where <strong>the</strong>re are no fixed seats.(6) Commercial and Industrial Facilities:(a) Banks and o<strong>the</strong>r financial institutions: one (1) parking space for each two hundred fifty(250) square feet <strong>of</strong> gross floor area.(b) General retail stores, except as o<strong>the</strong>rwise specified: one (1) parking space for each threehundred (300) square feet <strong>of</strong> gross floor area.(c) Offices including all public and pr<strong>of</strong>essional <strong>of</strong>fices, except as o<strong>the</strong>rwise specified: one (1)parking space for each two hundred and fifty (250) square feet <strong>of</strong> gross floor area, with a minimum <strong>of</strong>four (4) parking spaces.(d) Commercial service establishments, repair shops, wholesale establishments and retail storeswhich handle only bulky merchandise such as furniture, household appliances, motor vehicles, farmimplements and machinery: one (1) parking space for each five hundred (500) square feet <strong>of</strong> grossfloor area.(e) Automobile dealerships: one (1) parking space for each two (2) employees during <strong>the</strong> time<strong>of</strong> maximum employment, plus one (1) parking space for each two thousand (2,000) square feet <strong>of</strong> lotand building area used for <strong>the</strong> display or storage <strong>of</strong> automobiles.(f) Self-service laundries and dry cleaners: one (1) parking space for each three (3) washingmachines.(g) Automobile repair shops: one (1) parking space for four hundred (400) square feet <strong>of</strong> grossfloor area.(h) Barber shops, beauty salons: two (2) parking spaces for each barber or beautician. With aminimum <strong>of</strong> four (4) spaces.(i) Restaurants, cafes, soda fountains and similar establishments: one (1) parking space for eachone hundred (100) square feet <strong>of</strong> gross floor area.(j) Manufacturing plants and o<strong>the</strong>r industrial uses: one (1) parking space for each 500 squarefeet <strong>of</strong> floor area.01/10 Page 133 <strong>of</strong> 230
(k) Warehousing: One space for each 1,000 square feet <strong>of</strong> floor area.(l) Retail food market: one (1) parking space for each five hundred (500) square feet <strong>of</strong> gross floorarea.(m) Nurseries, Retail: One (1) parking space for each one thousand five hundred (1,500) squarefeet <strong>of</strong> site area, plus one (1) loading space for each acre <strong>of</strong> site area.(n) Shopping Centers (Major): one (1) parking space for each two hundred (200) square feet <strong>of</strong>gross floor area.(o) Open uses, commercial and industrial uses conducted primarily outside <strong>of</strong> buildings: one (1)parking space for each employee on <strong>the</strong> maximum shift, plus additional parking spaces prescribed by<strong>the</strong> Planning Director.(p) Transportation terminal facilities: one (1) parking space for each two employees plus additionalparking spaces prescribed by <strong>the</strong> Planning Director.(7) Sports and Entertainment Facilities: Outdoor motor vehicle racing facilities, amphi<strong>the</strong>aters orentertainment facilities, or equestrian and rodeo facilities having an occupancy capacity in excess <strong>of</strong>10,000 persons shall submit proposed parking facility plans for approval to <strong>the</strong> Planning Commission.The number <strong>of</strong> required parking spaces shall be based on supporting evidence provided by <strong>the</strong>applicant on <strong>the</strong> ratio <strong>of</strong> persons per vehicle.For a use not specified in this section, <strong>the</strong> same number <strong>of</strong> <strong>of</strong>f-street parking spaces shall be providedas are required for <strong>the</strong> most similar specified use. (#906 as amended by #1130, #1239, #1405)12.85.040 Requirements for Parking VariancesAdjustments to <strong>the</strong> number <strong>of</strong> required parking spaces. The number <strong>of</strong> parking spaces required bysubsection 12.85.030, may be reduced as follows:(1) Specific plan, area plan, and/or community plan provisions. Provisions may be made in aspecific plan, area plan, and/or community plan to allow reductions in <strong>the</strong> number <strong>of</strong> required parkingspaces based upon special provisions, such as providing golf cart or electric car parking where specialprovisions are made for golf carts or electric cars. Parking requirements for downtown and/or towncenters may also have reduced <strong>of</strong>f-street parking where on-street parking, public parking areas, oro<strong>the</strong>r provisions that allow for shared or reduced parking exist.(2) Parking Reductions for Shared Parking. If an applicant believes <strong>the</strong> number <strong>of</strong> parking spacesrequired for <strong>the</strong>ir building complex as specified in Subsection 12.85.030 (which is <strong>the</strong> sum <strong>of</strong> all <strong>the</strong>users within <strong>the</strong> building complex) is not applicable because <strong>the</strong> hours <strong>of</strong> operation <strong>of</strong> differenttenants/uses within <strong>the</strong> building complex will effectively allow for dual use <strong>of</strong> <strong>the</strong> parking spaces <strong>the</strong>n<strong>the</strong> applicant may request a Parking Variance for Shared Parking. The Approving Authority shall be<strong>the</strong> Zoning Administrator (SDC/ZA). The applicant shall have <strong>the</strong> burden <strong>of</strong> pro<strong>of</strong> for requesting areduction in <strong>the</strong> total number <strong>of</strong> required <strong>of</strong>f-street parking spaces, and documentation shall besubmitted substantiating this request. Shared parking reductions shall only be approved by <strong>the</strong>Approving Authority if:(a) A sufficient number <strong>of</strong> spaces are provided to meet <strong>the</strong> greatest parking demand <strong>of</strong> <strong>the</strong>participating uses;01/10 Page 134 <strong>of</strong> 230
(b) Satisfactory evidence is provided describing <strong>the</strong> nature <strong>of</strong> <strong>the</strong> uses and <strong>the</strong> times when<strong>the</strong> uses operate so as to demonstrate <strong>the</strong> lack <strong>of</strong> potential conflict between <strong>the</strong>m;Overflow parking will not impact any adjacent use; and(c) Additional documents, covenants, deed restrictions, or o<strong>the</strong>r agreements as may bedeemed necessary by <strong>the</strong> Zoning Administrator (SDC/ZA) are executed to assure that <strong>the</strong> requiredparking spaces provided are maintained and uses with similar hours and parking requirements as thoseuses sharing <strong>the</strong> parking facilities remain for <strong>the</strong> life <strong>of</strong> <strong>the</strong> project.(3) Parking Reductions for an Individual Use. If an applicant for a proposed use believes <strong>the</strong>number <strong>of</strong> parking spaces required for <strong>the</strong>ir use as specified in Subsection 12.85.030 is not applicablebecause <strong>the</strong>ir use functions differently than <strong>the</strong> generic use type and associated parking standardsestablished in this <strong>Title</strong>, <strong>the</strong>n <strong>the</strong> applicant may request a Parking Variance for Individual Use. TheApproving Authority shall be <strong>the</strong> Zoning Administrator (SDC/ZA). The applicant shall have <strong>the</strong>burden <strong>of</strong> pro<strong>of</strong> for requesting a reduction in <strong>the</strong> total number <strong>of</strong> required <strong>of</strong>f-street parking spaces,and documentation shall be submitted substantiating <strong>the</strong> request. Such documentation may include,but is not limited to: a parking study <strong>of</strong> ano<strong>the</strong>r facility <strong>of</strong> <strong>the</strong> same use which is similar in size andoperation, calculating <strong>the</strong> required parking spaces with field data <strong>of</strong> peak parking usage. Reducedparking shall only be approved by <strong>the</strong> Approving Authority if:(a) Satisfactory evidence is provided describing <strong>the</strong> nature <strong>of</strong> <strong>the</strong> use, <strong>the</strong> operation and datafrom o<strong>the</strong>r facilities or similar facilities so as to demonstrate that <strong>the</strong> required parking standards areexcessive and <strong>the</strong> proposed parking standards are appropriate; and(b)Overflow parking will not impact any adjacent use.(c) Additional documents, covenants, deed restrictions, or o<strong>the</strong>r agreements as may bedeemed necessary by <strong>the</strong> Zoning Administrator (SDC/ZA) are executed to assure that <strong>the</strong> requiredparking spaces provided are maintained and uses with similar hours and parking requirements as thoseuses sharing <strong>the</strong> parking facilities remain for <strong>the</strong> life <strong>of</strong> <strong>the</strong> project. (#1403)12.85.050 Standards for Off-Street Parking Facilities(1) Surfacing:(a) The parking area, aisles and access drive shall be surfaced with concrete or asphaltic surfacing<strong>of</strong> 2" minimum thickness on a 6" untreated rock base for all medical <strong>of</strong>fices, clinics, hospitals,educational, recreational, commercial or industrial and o<strong>the</strong>r facilities(b) The parking area, aisles and access drive for all residential planned unit developments shall besurfaced with concrete or asphaltic surfacing <strong>of</strong> 2" minimum thickness on a 4" untreated rock base.(2) Stall Size: Each parking space shall not be less than 18 feet in length and nine (9) feet in width,exclusive <strong>of</strong> driveways, ramps, and columns, for medium and large automobiles and not less thansixteen (16) feet in length and eight (8) feet in width for subcompact and compact automobiles.(3) Compact Cars: For any development, a maximum <strong>of</strong> 40% <strong>of</strong> all parking provided may becompact car parking. Such spaces shall be signed or o<strong>the</strong>rwise designated for small or compact cars.(4) Exceptions:01/10 Page 135 <strong>of</strong> 230
(a) In AE, A/RR, RRE, RC, PR and RPZ zones, any parking lot or parking lot addition designed toserve 10 or less vehicles shall be exempt from <strong>the</strong> paving and landscaping requirements.(b) In <strong>the</strong> S/E zone, <strong>the</strong> Planning Commission may approve parking facility plans that allow foralternative standards for <strong>of</strong>f-street parking facilities due to <strong>the</strong> intermittent nature <strong>of</strong> <strong>the</strong> events andvariations in attendance. Proposals which include standards less than <strong>the</strong> required stall size anddriving aisle shall include provisions for management <strong>of</strong> <strong>the</strong> facility by parking ushers. Proposals foralternative surfacing shall be based upon estimates for frequency <strong>of</strong> events and estimated averageattendance per event and shall at <strong>the</strong> minimum provide for a low-traffic paving system for <strong>the</strong>estimated average number <strong>of</strong> vehicles. The remainder <strong>of</strong> <strong>the</strong> parking area shall, at <strong>the</strong> minimum, beseeded with a hardy, drought-resistant grass to provide a dust-controlling surface and shall bemaintained to prevent ignition from parked vehicles. (#907 as amended by #1037, #1103, #1239,#1403)12.85.060 Off-Street Loading Facilities. Off-street loading facilities for vehicles shall be providedin all commercial and industrial zones. The loading area, aisles and access drives shall be surfacedwith asphaltic concrete <strong>of</strong> minimum thickness <strong>of</strong> two (2) inches or six (6) inches <strong>of</strong> untreated rockbase. (#906, amended by #1403)12.85.070 Bicycle Parking Requirement.Bicycle parking shall be provided in connection with <strong>the</strong> erection, major alteration, expansion orestablishment <strong>of</strong> a new land use as follows:(1) Residential: All multi-family residential structures containing more than four units shallprovide bicycle parking for a minimum <strong>of</strong> two bicycles with one space provided for every 10automobile parking spaces required in <strong>the</strong> project for <strong>the</strong> first 200 automobile parking spacesrequired and one bicycle parking space for every 100 automobile parking spaces over <strong>the</strong>first 200 automobile parking spaces required. Outdoor bicycle parking requirements may bereduced by 50% for multi-family projects that provide at least one garage space per dwellingunit.(2) Medical Offices, Clinics, Hospitals, and O<strong>the</strong>r Facilities: Bicycle parking shall be providedat a ratio <strong>of</strong> one for every 25 automobile parking spaces required for <strong>the</strong> first 200 automobileparking spaces required and one bicycle parking space for every 100 automobile parkingspaces over <strong>the</strong> first 200 automobile parking spaces required, with a minimum <strong>of</strong> tworequired.(3) Educational Facilities: A minimum <strong>of</strong> two bicycle parking spaces required with one for every10 automobile parking spaces required. (Note: Public schools are not typically addressed in<strong>the</strong> zoning ordinance as <strong>the</strong>y are not subject to local ordinances, however private schoolsmay be addressed and bicycle parking should be provided based on <strong>the</strong> school grades,proximity to student’s homes and location <strong>of</strong> school.)(4) Places <strong>of</strong> Public Assembly: Bicycle parking shall be provided at a ratio <strong>of</strong> one for every 25automobile parking spaces required, with a minimum <strong>of</strong> two required.(5) Recreational Facilities: Bicycle parking shall be provided at a ratio <strong>of</strong> one for every 25automobile parking spaces required, with a minimum <strong>of</strong> two required.(6) Commercial and Industrial Facilities: Bicycle parking shall be provided at a ratio <strong>of</strong> one forevery 25 automobile parking spaces required for <strong>the</strong> first 200 automobile parking spacesrequired and one bicycle parking space for every 100 automobile parking spaces requiredover <strong>the</strong> first 200 automobile parking spaces required, with a minimum <strong>of</strong> two required.(7) Sports and Entertainment Facilities: Outdoor motor vehicle racing facilities, amphi<strong>the</strong>aters,or entertainment facilities, or equestrian and rodeo facilities having an occupancy capacity in01/10 Page 136 <strong>of</strong> 230
excess <strong>of</strong> 10,000 persons shall submit a proposed bicycle parking plan in conjunction with<strong>the</strong> required automobile parking plan for approval by <strong>the</strong> Planning Commission.For <strong>the</strong> purposes <strong>of</strong> this section, any alteration or expansion in floor area that results in <strong>the</strong>requirement <strong>of</strong> additional vehicle parking shall provide bicycle parking as established aboveAll required bicycle parking facilities shall be located in a highly visible area within close proximity<strong>of</strong> a primary entrance to a building or use and where feasible as close as or closer than <strong>the</strong> nearestnon-handicapped car parking space. Where multiple bicycle parking apparatus are needed and <strong>the</strong> usehas multiple entrances or buildings, <strong>the</strong> bicycle parking shall be dispersed throughout <strong>the</strong> project andconveniently located in reasonable proximity to a building entrance.Bicycle racks or lockers should not be placed so that <strong>the</strong>y block entrances or inhibit pedestrian flow inor out buildings or accessible paths <strong>of</strong> travel. The racks or lockers should be anchored so that <strong>the</strong>ycannot be easily removed. Rack elements should be designed to support <strong>the</strong> bicycle upright by itsframe and enable <strong>the</strong> frame and at least one <strong>of</strong> <strong>the</strong> bicycle wheels to be secured. Large employmentcenters ( 50+ employees) and projects with multiple buildings should utilize a combination <strong>of</strong> short(bicycle racks) and long-term (bike lockers) bicycle parking facilities.Bicycle racks and lockers shall be designed and located to insure that <strong>the</strong>y relate well to <strong>the</strong> remainder<strong>of</strong> <strong>the</strong> facilities and are architecturally consistent with <strong>the</strong> site and structures. Bicycle parkingfacilities shall be maintained for <strong>the</strong> duration <strong>of</strong> <strong>the</strong> use incurring said requirements and shall not beused for o<strong>the</strong>r purposes.The design and location <strong>of</strong> bicycle parking All required bicycle parking facilities shall be located in ahighly visible area within close proximity <strong>of</strong> a primary entrance to a building or use and wherefeasible as close as or closer than <strong>the</strong> nearest non-handicapped car parking space. Where multiplebicycle parking apparatus are needed and <strong>the</strong> use has multiple entrances or buildings, <strong>the</strong> bicycleparking shall be dispersed throughout <strong>the</strong> project and conveniently located in reasonable proximity toa building entrance.Bicycle racks or lockers should not be placed so that <strong>the</strong>y block entrances or inhibit pedestrian flow inor out buildings or accessible paths <strong>of</strong> travel. The racks or lockers should be anchored so that <strong>the</strong>ycannot be easily removed. Rack elements should be designed to support <strong>the</strong> bicycle upright by itsframe and enable <strong>the</strong> frame and at least one <strong>of</strong> <strong>the</strong> bicycle wheels to be secured. Large employmentcenters ( 50+ employees) and projects with multiple buildings should utilize a combination <strong>of</strong> short(bicycle racks) and long-term (bike lockers) bicycle parking facilities.Bicycle racks and lockers shall be designed and located to insure that <strong>the</strong>y relate well to <strong>the</strong> remainder<strong>of</strong> <strong>the</strong> facilities and are architecturally consistent with <strong>the</strong> site and structures. Bicycle parkingfacilities shall be maintained for <strong>the</strong> duration <strong>of</strong> <strong>the</strong> use incurring said requirements and shall not beused for o<strong>the</strong>r purposes.Facilities shall be shown on <strong>the</strong> project site plan and approved by <strong>the</strong> Planning Department prior toissuance <strong>of</strong> a building permit.For any use not specified in this section, <strong>the</strong> same number <strong>of</strong> bicycle parking spaces shall be providedas are required for <strong>the</strong> most similar specified use as determined by <strong>the</strong> Planning Director. (#1403)01/10 Page 137 <strong>of</strong> 230
CHAPTER 12.87LANDSCAPING <strong>ORDINANCE</strong>Sections12.87.010 Findings12.87.015 Purpose12.87.020 Definitions12.87.025 General Provisions and Exemptions12.87.030 Basic Landscaping Standards12.87.035 Additional Landscaping Standards by Zoning District12.87.040 Shading Requirements12.87.045 Completion <strong>of</strong> Landscape Requirements12.87.050 Landscaping Plan12.87.055 Enforcement12.87.065 <strong>Yuba</strong> <strong>County</strong> Approved Tree List12.87.070 <strong>Yuba</strong> <strong>County</strong> Recommended Ground Cover and Shrub List___________________________________12.87.010 Findings. Whenever large numbers <strong>of</strong> people are closely grouped toge<strong>the</strong>r in an urbanenvironment, numerous landscape decisions must be made to accommodate <strong>the</strong>ir specific needs. Thelocation, quantity, and type <strong>of</strong> landscaping have a significant influence upon a community's appearance,property values and welfare, and a resultant effect upon a viewer's perception <strong>of</strong> <strong>the</strong> community. Failureto regulate landscaping adversely affects <strong>the</strong> public health, safety and general welfare. (#1037)12.87.015 Purpose.(1) To create an aes<strong>the</strong>tically pleasing boundary between residential, commercial and industrial uses androadways.(2) To provide information so that plant materials can be appropriately selected and properly used.(3) To promote and encourage development <strong>of</strong> an attractive, aes<strong>the</strong>tically pleasing environment.(4) To screen undesirable views and help define and organize public and private spaces.(5) To improve <strong>the</strong> air quality by replenishing oxygen and reducing smog.(6) To conserve energy by shading homes, commercial and industrial buildings, roads, and parking lots.(7) To improve property values by improving <strong>the</strong> appearance <strong>of</strong> <strong>the</strong> community.(8) To promote business and industry by improving image and public acceptance. (#1037)12.87.020 Definitions.(1) GROUND COVER shall mean a planting <strong>of</strong> low plants that cover ground and shall include but notbe limited to those species listed in Section 12.87.070 <strong>of</strong> this Chapter.01/10 Page 138 <strong>of</strong> 230
(2) LIST OF TREES or APPROVED LIST OF TREES shall mean those trees listed in Section12.87.065 <strong>of</strong> this Chapter.(3) PLANT MATERIALS shall mean trees, shrubs, hedges, ground cover, lawn or any o<strong>the</strong>r similarliving material.(4) SCREEN TREES, SHADE TREES OR CANOPY TREES shall mean those trees listed in Section12.87.065 <strong>of</strong> this Chapter.(5) SHRUB shall mean a densely branched wood plant and shall include but not be limited to thosespecies listed in Section 12.87.070 <strong>of</strong> this Chapter. (#1037)12.87.025 General Provisions and Exemptions:(1) The landscape requirements <strong>of</strong> this Section shall be applied so that:(a) All new development shall provide landscaping, shading and screening as specified in <strong>the</strong>applicable zone district;(b) All expansion <strong>of</strong> floor area or change <strong>of</strong> use in an existing development on propertycontaining less than five (5) acres which requires additional parking shall provide landscaping, shadingand screening for such additional parking area as specified in <strong>the</strong> applicable zone district; and(c) All expansion <strong>of</strong> floor area or change <strong>of</strong> use in an existing development on property containingfive (5) acres or more shall provide landscaping, shading and screening as specified in <strong>the</strong> applicablezone district.(2) The landscape requirements <strong>of</strong> this Chapter shall be applied to R-1 (Single Family Residential), R-2(Medium Density Residential), R-3 (High Density Residential), and M-3 (Light Industrial) districts; toany commercial or industrial use in <strong>the</strong> A/RR (Agricultural/Rural Residential), AE (ExclusiveAgriculture) RC (Rural Commercial) or RPZ (Resource Preservation) districts; and to all subzoneswithin any SP (Specific Plan) zone. (#1037 as amended by #1077 and 1103)12.87.030 Basic Landscaping Standards:(1) Trees shall be provided in all applicable zoning districts as follows:(2) Trees shall be planted away from public sidewalks or individual driveways in accordance with <strong>the</strong>setback requirements specified in Section 12.87.065.(3) Existing healthy trees on <strong>the</strong> site shall be maintained whenever possible and may be used in lieu <strong>of</strong>planting new trees.(4) All plant materials shall be maintained by property owners and shall be free from physical damage orinjury arising form lack <strong>of</strong> water, chemical damage, insects, and diseases. Plant materials showing suchdamage shall be replaced by <strong>the</strong> same species or similar tree from <strong>the</strong> list <strong>of</strong> trees. Planting areas shall bekept free from weeds, debris, and undesirable materials which may be detrimental to safety, drainage orappearance.(5) Trees, shrubs, hedges, and o<strong>the</strong>r plant material shall be maintained so as not to create sight hazard asdetermined by <strong>the</strong> Community Development and Services Agency’s Director <strong>of</strong> Public Works.01/10 Page 139 <strong>of</strong> 230
(6) Where decorative walls are required or permitted adjacent to street right-<strong>of</strong>-way, such walls shall beset at least five (5) feet from <strong>the</strong> right-<strong>of</strong>-way line and <strong>the</strong> area adjacent to <strong>the</strong> wall shall be landscapedwith live material as specified in <strong>the</strong> applicable district.(7) All trash collection points and loading areas shall be screened from view from adjacent streets orhighway by decorative walls or dense landscaping.(8) All live planting materials shall be irrigated. (#1037)12.87.035 Additional Landscaping Standards by Zoning District: The landscape requirements <strong>of</strong>this Section shall be applied as follows:(1) Single-family Residential Districts:(a) At least one (1) deciduous street tree from <strong>the</strong> approved list <strong>of</strong> trees shall be planted in anirrigated and landscaped area located in each front and side yard adjacent to <strong>the</strong> sidewalk for each forty(40) feet <strong>of</strong> street frontage prior to <strong>the</strong> issuance <strong>of</strong> <strong>the</strong> final Certificate <strong>of</strong> Occupancy. Said landscapingand street trees shall be planted in eight (8) foot wide parkway strips located in each front and street sideyard when detached sidewalks are provided pursuant to Section 12.35.120(1).(b) Front yard landscaping consisting <strong>of</strong> trees, shrubs, hedges, ground cover, lawn or any o<strong>the</strong>rsimilar living material shall be planted in an irrigated area prior to <strong>the</strong> issuance <strong>of</strong> <strong>the</strong> final inspection by<strong>the</strong> Community Development and Services Agency’s Building Official.(2) Multi-family Residential Districts (less than 4 units):(a) At least one (1) deciduous street tree from <strong>the</strong> approved list <strong>of</strong> trees planted in an irrigated andlandscaped area located in each front and street side yard adjacent to <strong>the</strong> sidewalks for each forty (40)feet <strong>of</strong> street frontage prior to <strong>the</strong> issuance <strong>of</strong> <strong>the</strong> final inspection by <strong>the</strong> Community Development andServices Agency’s Building Official. Said landscaping and street trees shall be planted in eight (8) footwide parkway strips located in each front and street side yard when detached sidewalks are providedpursuant to Section 12.40.170(1).(b) Required landscaping shall include varied tree and plant species. Not more than twenty-five(25) percent <strong>of</strong> <strong>the</strong> landscaped area may be covered with hard surfaces such as gravel, landscaping rock,concrete or o<strong>the</strong>r impervious materials.(c) For any non-residential development, a planter at least five (5) feet wide, excluding curbing,shall be provided adjacent to properties with a residential use. Within this planter screen trees from <strong>the</strong>approved list shall be planted with thirty (30) foot spacing in combination with o<strong>the</strong>r plant materials toprovide a dense visual screen.(3) Multi-family Residential (4 or more units), Commercial, Industrial and Business Pr<strong>of</strong>essionalDistricts: Planters containing live landscaping shall be provided in accordance with <strong>the</strong> followingregulations:(a) A perimeter planter at least five (5) feet wide, excluding curbing, shall be provided adjacentto street rights-<strong>of</strong>-way. In addition, any area within <strong>the</strong> street right-<strong>of</strong>-way between <strong>the</strong> edge <strong>of</strong> <strong>the</strong>sidewalk or road shoulder and outer edge <strong>of</strong> <strong>the</strong> right-<strong>of</strong>-way shall be developed as a planter orlandscaped area in conjunction with <strong>the</strong> required five (5) foot area above, unless <strong>the</strong> requirement iswaived by <strong>the</strong> Public Works Director or his designee. The planter shall be increased to provide an eight01/10 Page 140 <strong>of</strong> 230
(8) foot deep, seven (7) foot wide area, excluding curbing for tree planting. Within this planter, treesfrom <strong>the</strong> approved list shall be planted with a maximum forty (40) foot spacing, at least five (5) feet butnot fur<strong>the</strong>r than ten (10) feet from <strong>the</strong> back <strong>of</strong> <strong>the</strong> sidewalk or road shoulder in accordance with <strong>the</strong>setback requirements specified in Section 12.87.065. Shrubs and ground cover shall also be installedwithin <strong>the</strong> planter. Nothing in <strong>the</strong> Section shall preclude <strong>the</strong> installation <strong>of</strong> additional landscaping and<strong>the</strong> planting <strong>of</strong> additional listed trees so long as it is consistent with <strong>the</strong> visibility regulations.(b) A planter at least five (5) feet wide, excluding curbing, shall be provided adjacent toproperties with a residential use. Screen trees from <strong>the</strong> approved list shall be planted within this planter,with a thirty (30) foot spacing and in combination with o<strong>the</strong>r plants to provide a dense visual screen.(c) All landscaping shall be within planters bounded by a curb at least six (6) inches high, exceptadjacent to sidewalks, property lines or fences. No planter shall be smaller than twenty-five (25) squarefeet, excluding curbing. Each planter shall include an irrigation system.(d) All required landscaped areas shall be designed so that plant materials, at maturity, areprotected from vehicle damage or encroachment for a minimum <strong>of</strong> three (3) feet from <strong>the</strong> back <strong>of</strong> <strong>the</strong>curb or wheel stop where vehicle overhang is permitted.(e) Not more than twenty-five percent <strong>of</strong> <strong>the</strong> planter or landscaped area may be covered with hardsurfaces such as gravel, landscaping rock, concrete, or o<strong>the</strong>r impervious materials. Bus shelters areexcluded from this limitation.(f) Landscaping shall not obstruct a driver’s vision <strong>of</strong> vehicle and pedestrian cross traffic. Withinfifteen (15) feet <strong>of</strong> any driveway opening and at <strong>the</strong> end <strong>of</strong> aisles, all mature trees shall have a seven (7)foot foliage clearance between <strong>the</strong> ground and <strong>the</strong> lower limbs and o<strong>the</strong>r plant materials shall not exceedthirty (30) inches in height.(g) Varied tree and plant species shall be used throughout <strong>the</strong> parking lot. No one species shallcomprise more than seventy-five (75) percent <strong>of</strong> <strong>the</strong> plantings within each <strong>of</strong> <strong>the</strong> following categories:Shade tree, screen tree, shrub.(4) Agricultural Exclusive, Agricultural/Rural Residential, Rural Commercial and Resource PreserveDistricts (Commercial and Industrial Use):(a) For parking lots abutting public roads, a minimum five foot deep landscape planter shall beinstalled abutting <strong>the</strong> right-<strong>of</strong>-way, except where driveways are installed. Within <strong>the</strong> planter <strong>the</strong>re shallbe at least one (1) tree planted in an irrigated and landscaped area for each forty (40) feet <strong>of</strong> streetfrontage.(b) Required landscaping shall include varied tree and plant species. Not more than twenty-five(25) percent <strong>of</strong> <strong>the</strong> landscaped area may be covered with hard surfaces such as gravel,landscaping rock, concrete or o<strong>the</strong>r impervious materials.(c) A planter at least five (5) feet wide, excluding curbing, shall be provided adjacent to anyneighboring residential use. Within this planter, screen trees shall be planted in combination with o<strong>the</strong>rplant materials to provide a dense visual screen.(d) Varied tree and plant species shall be used throughout <strong>the</strong> parking lot. No one species shallcomprise more than seventy-five (75) percent <strong>of</strong> <strong>the</strong> plantings within each <strong>of</strong> <strong>the</strong> following categories:01/10 Page 141 <strong>of</strong> 230
Shade tree, screen tree, shrub. (#1037 as amended by #1077, #1103, #1130, #1405)12.87.040 Shading Requirements:(1) On properties zoned R-2, R-3, C, M-1 and M-3 and for any multi-family residential, commercial orindustrial use on properties zoned AE, A,RR, RC SP, or RPZ, planters containing live landscaping shallbe provided adjacent to and within parking areas in accordance with <strong>the</strong> following regulations:(a) In addition to yard landscaping, parking lots <strong>of</strong> five (5) spaces or more shall providelandscaped areas in <strong>the</strong> interior <strong>of</strong> <strong>the</strong> parking lot covering a percentage <strong>of</strong> <strong>the</strong> total parking area asfollows:Parking Spaces % <strong>of</strong> Total ParkingRequiredArea to be Landscaped5 - 24 spaces 5.0% minimum25 - 49 spaces 7.5% minimum50+ spaces 10.0% minimum(b) Parking lot landscaping shall include shade trees, from <strong>the</strong> approved list, places so as to covera percentage <strong>of</strong> <strong>the</strong> total parking area with tree canopies within fifteen (15) years <strong>of</strong> planting, as follows:Parking Spaces % <strong>of</strong> Total ParkingRequiredArea to be Landscaped5 - 24 spaces 30.0% minimum25 + spaces 40.0% minimum(2) Tree coverage shall be determined by <strong>the</strong> approximate crown diameter <strong>of</strong> each tree at 15 years asestimated on <strong>the</strong> approved tree list or o<strong>the</strong>r authoritative source. Trees shall be a minimum fifteen (15)gallon size at planting. Total parking area, as used for landscaping and shading requirements, shall bemeasured between lines drawn five (5) feet outside <strong>of</strong> <strong>the</strong> paved areas used for parking and maneuveringarea, but not including access ways. Shading requirements can partially be met by perimeter or yardtrees ins<strong>of</strong>ar as such trees actually shade such total parking area. (#1037 as amended by #1077 and#1103)12.87.045 Completion <strong>of</strong> Landscape Requirements. Provisions <strong>of</strong> landscaping to meet <strong>the</strong>requirements <strong>of</strong> this chapter shall be deemed to have been satisfied if any one <strong>of</strong> <strong>the</strong> following exists:(1) All <strong>of</strong> <strong>the</strong> required landscaping is installed in conformance with <strong>the</strong> requirements andstandards; or(2) A surety in any amount equal to <strong>the</strong> estimated cost <strong>of</strong> landscaping including materials andinstallation, is on file with <strong>the</strong> <strong>County</strong> which guarantees that <strong>the</strong> required landscaping shall be installedwithin one hundred twenty (120) days <strong>of</strong> issuance <strong>of</strong> a certificate <strong>of</strong> occupancy and an agreement is filedwith <strong>the</strong> <strong>County</strong> to assure completion <strong>of</strong> <strong>the</strong> landscaping within such time. The surety may take <strong>the</strong> form<strong>of</strong> a cash deposit, letter <strong>of</strong> credit or bond which toge<strong>the</strong>r with <strong>the</strong> agreement, would provide for paymentto <strong>the</strong> <strong>County</strong> <strong>of</strong> any costs incurred in contracting for completion <strong>of</strong> <strong>the</strong> required landscaping. (#1037)12.87.050 Landscaping Plan Required. A landscaping plan (see Exhibit A) shall be submitted to <strong>the</strong>Planning Department for review and approval prior to <strong>the</strong> issuance <strong>of</strong> building permits. The plan shall be01/10 Page 142 <strong>of</strong> 230
drawn to scale and include <strong>the</strong> landscaping information as follows:(1) GENERAL - Property lines, easements, adjacent streets, buildings, parking spaces, irrigationsystem and lighting shall be shown.(2) LIST OF PLANTING MATERIALS - The materials list shall include type, size, quantity andlocation <strong>of</strong> each tree, shrub, and ground cover.(3) STREET TREES - Trees that are to be planted along <strong>the</strong> street shall be shown using anyconvenient symbolism and notation.(4) PARKING LOT SHADING - Trees used for parking lot shading shall be shown using <strong>the</strong>trees'15-year crown diameter.(5) LANDSCAPED AREAS AND PLANTERS - Planting material should be drawn as close tomature size as possible. (#1037, #1405)12.87.55 Enforcement. Enforcement <strong>of</strong> <strong>the</strong> provision <strong>of</strong> this ordinance shall be <strong>the</strong> responsibility <strong>of</strong> <strong>the</strong>Planning Director or his or her designated representative. (#1037, #1405)01/10 Page 143 <strong>of</strong> 230
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CHAPTER 12.88WATER EFFICIENT LANDSCAPESections12.88.000 <strong>Title</strong>12.88.010 Finding12.88.015 Definitions12.88.020 Provisions for New or Rehabilitated Landscapes12.88.030 Provisions for Existing Landscapes________________________________________12.88.000 <strong>Title</strong>. This chapter shall be known and may be cited as <strong>the</strong> "Water Efficient LandscapeOrdinance." (#1125)12.88.010 Findings. The Board <strong>of</strong> Supervisors <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong> hereby finds and declares that:(a) The State Legislature has found:(1) that <strong>the</strong> limited supply <strong>of</strong> state waters are subject to ever increasing demands;(2) that California's economic prosperity depends on adequate supplies <strong>of</strong> water;(3) that state policy promotes conservation and efficient use <strong>of</strong> water;(4) that landscapes provide recreation areas, clean <strong>the</strong> air and water, prevent erosion, <strong>of</strong>fer fireprotection, and replace ecosystems displaced by development; and(5) that landscape design, installation, and maintenance can and should be water efficient.(b) Consistent with <strong>the</strong> legislative findings, <strong>the</strong> purpose <strong>of</strong> this ordinance is to:(1) promote <strong>the</strong> values and benefits <strong>of</strong> landscapes while recognizing <strong>the</strong> need to invest waterand o<strong>the</strong>r resources as efficiently as possible;(2) establish a structure for designing, installing, and maintaining water efficient landscapes innew projects; and(3) establish provisions for water management practices and water waste prevention forestablished landscapes. (#1125)12.88.015 Definitions. The words used in this ordinance have <strong>the</strong> meaning set forth below:(a) "anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold waterin <strong>the</strong> system so it minimizes drainage from <strong>the</strong> lower elevation sprinkler heads.(b) "application rate" means <strong>the</strong> depth <strong>of</strong> water applied to a given area, usually measured in inchesper hour.01/10 Page 155 <strong>of</strong> 230
(c) "applied water" means <strong>the</strong> portion <strong>of</strong> water supplied by <strong>the</strong> irrigation system to <strong>the</strong> landscape.(d) "automatic controller" means a mechanical or solid state timer, capable <strong>of</strong> operating valvestations to set <strong>the</strong> days and length <strong>of</strong> time <strong>of</strong> a water application.(e) "backflow prevention device" means a safety device used to prevent pollution orcontamination <strong>of</strong> <strong>the</strong> water supply due to <strong>the</strong> reverse flow <strong>of</strong> water from <strong>the</strong> irrigation system.(f) "conversion factor (0.62)" means a number that converts <strong>the</strong> maximum applied waterallowance from acre-inches per acre per year to gallons per square foot per year. The conversion factoris calculated as follows:(325,851 gallons/43,560 square feet/12 inches = (0.62)325,851 gallons = one acre foot43,560 square feet = one acre12 inches = one footTo convert gallons per year to 100-cubic-feet per year, ano<strong>the</strong>r common billing unit for water, dividegallons per year by 748. (748 gallons = 100 cubic feet.)(g) "ecological restoration project" means a project where <strong>the</strong> site is intentionally altered toestablish a defined, indigenous, historic ecosystem.(h) "effective precipitation" or "usable rainfall" means <strong>the</strong> portion <strong>of</strong> total precipitation that isused by <strong>the</strong> plants. Precipitation is not a reliable source <strong>of</strong> water, but can contribute to some degreetoward <strong>the</strong> water needs <strong>of</strong> <strong>the</strong> landscape.(i) "emitter" means drip irrigation fittings that deliver water slowly from <strong>the</strong> system to <strong>the</strong> soil.(j) "established landscape" means <strong>the</strong> point at which plants in <strong>the</strong> landscape have developed rootsinto <strong>the</strong> soil adjacent to <strong>the</strong> root ball.(k) "establishment period" means <strong>the</strong> first year after installing <strong>the</strong> plant in <strong>the</strong> landscape.(l) "Estimated Applied Water Use" means <strong>the</strong> portion <strong>of</strong> <strong>the</strong> Estimated Total Water Use that isderived from applied water. The Estimated Applied Water Use shall not exceed <strong>the</strong> Maximum AppliedWater Allowance. The Estimated Applied Water Use may be <strong>the</strong> sum <strong>of</strong> <strong>the</strong> water recommendedthrough <strong>the</strong> irrigation schedule, as referenced in Section 12.88.020(c)(3).(m) "Estimated Total Water Use" means <strong>the</strong> annual total amount <strong>of</strong> water estimated to be neededto keep <strong>the</strong> plants in <strong>the</strong> landscaped area healthy. It is based upon such factors as <strong>the</strong> localevapotranspiration rate, <strong>the</strong> size <strong>of</strong> <strong>the</strong> landscaped area, <strong>the</strong> types <strong>of</strong> plants, and <strong>the</strong> efficiency <strong>of</strong> <strong>the</strong>irrigation system, as described in Section 12.88.020(c)(4).(n) "ET adjustment factor" means a factor <strong>of</strong> 0.8, that, when applied to referenceevapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon <strong>the</strong>amount <strong>of</strong> water that needs to be applied to <strong>the</strong> landscape.A combined plant mix with a site-wide average <strong>of</strong> 0.5 is <strong>the</strong> basis <strong>of</strong> <strong>the</strong> plant factor portion <strong>of</strong> thiscalculation. The irrigation efficiency for purposes <strong>of</strong> <strong>the</strong> ET Adjustment Factor is 0.625.01/10 Page 156 <strong>of</strong> 230
Therefore, <strong>the</strong> ET Adjustment Factor (0.8) = (0.5/0.625).(o) "evapotranspiration" means <strong>the</strong> quantity <strong>of</strong> water evaporated from adjacent soil surfaces andtranspired by plants during a specific time.(p) "flow rate" means <strong>the</strong> rate at which water flows through pipes and valves (gallons per minuteor cubic feet per second).(q) "hydrozone" means a portion <strong>of</strong> <strong>the</strong> landscaped area having plants with similar water needsthat are served by a valve or set <strong>of</strong> valves with <strong>the</strong> same schedule. A hydrozone may be irrigated or nonirrigated.For example, a naturalized area planted with native vegetation that will not need supplementalirrigation once established is a non-irrigated hydrozone.(r) "infiltration rate" means <strong>the</strong> rate <strong>of</strong> water entry into <strong>the</strong> soil expressed as a depth <strong>of</strong> water perunit <strong>of</strong> time (inches per hour).(s) "irrigation efficiency" means <strong>the</strong> measurement <strong>of</strong> <strong>the</strong> amount <strong>of</strong> water beneficially useddivided by <strong>the</strong> amount <strong>of</strong> water applied. Irrigation efficiency is derived from measurements andestimates <strong>of</strong> irrigation system characteristics and management practices. The minimum irrigationefficiency for purposes <strong>of</strong> this ordinance is 0.625. Greater irrigation efficiency can be expected fromwell designed and maintained systems.(t) "landscape irrigation audit" means a process to perform site inspections, evaluate irrigationsystems, and develop efficient irrigation schedules.(u) "landscaped area" means <strong>the</strong> entire parcel less <strong>the</strong> building footprint, driveways, non-irrigatedportions <strong>of</strong> parking lots, hardscapes - such as decks and patios, and o<strong>the</strong>r non-porous areas. Waterfeatures are included in <strong>the</strong> calculation <strong>of</strong> <strong>the</strong> landscaped area. Areas dedicated to edible plants, such asorchards or vegetable gardens are not included.(v) "lateral line" means <strong>the</strong> water delivery pipeline that supplies water to <strong>the</strong> emitters or sprinklersfrom <strong>the</strong> valve.(w) "main line" means <strong>the</strong> pressurized pipeline that delivers water from <strong>the</strong> water source to <strong>the</strong>valve or outlet.(x) "Maximum Applied Water Allowance" means, for design purposes, <strong>the</strong> upper limit <strong>of</strong> annualapplied water for <strong>the</strong> established landscaped area as specified in Section 12.88.020(c)(2). It is basedupon <strong>the</strong> area's reference evapotranspiration, <strong>the</strong> ET Adjustment Factor, and <strong>the</strong> size <strong>of</strong> <strong>the</strong> landscapedarea. The Estimated Applied Water Use shall not exceed <strong>the</strong> Maximum applied Water Allowance.(y) "mined-land reclamation projects" means any surface mining operation with a reclamationplan approved in accordance with <strong>the</strong> Surface Mining and Reclamation Act <strong>of</strong> 1975.(z) "mulch" means any material such as leaves, bark, straw or o<strong>the</strong>r materials left loose andapplied to <strong>the</strong> soil surface for <strong>the</strong> beneficial purpose <strong>of</strong> reducing evaporation.(aa) "operating pressure" means <strong>the</strong> pressure at which a system <strong>of</strong> sprinklers is designed tooperate, usually indicated at <strong>the</strong> base <strong>of</strong> a sprinkler.(bb) "overhead sprinkler irrigation systems" means those with high flow rates (pop-ups, impulsesprinklers, rotors, etc.)01/10 Page 157 <strong>of</strong> 230
(cc) "overspray" means <strong>the</strong> water which is delivered beyond <strong>the</strong> landscaped area, wettingpavements, walks, structures, or o<strong>the</strong>r non-landscaped areas.(dd) "plant factor" means a factor that when multiplied by reference evapotranspiration, estimates<strong>the</strong> amount <strong>of</strong> water used by plants. For purposes <strong>of</strong> this ordinance, <strong>the</strong> average plant factor <strong>of</strong> low waterusing plants ranges from 0 to 0.3, for average water using plants <strong>the</strong> range is 0.4 to 0.6, and for highwater using plants <strong>the</strong> range is 0.7 to 1.0.(ee) "rain sensing device" means a system which automatically shuts <strong>of</strong>f <strong>the</strong> irrigation systemwhen it rains.(ff) "record drawing" or "as-builts" means a set <strong>of</strong> reproducible drawings which show significantchanges in <strong>the</strong> work made during construction and which are usually based on drawings marked up in <strong>the</strong>field and o<strong>the</strong>r data furnished by <strong>the</strong> contractor.(gg) "recreational area" means areas <strong>of</strong> active play or recreation such as sports fields, schoolyards, picnic grounds, or o<strong>the</strong>r areas with intense foot traffic.(hh) "recycled water," "reclaimed water," or "treated sewage effluent water" means treated orrecycled waste water <strong>of</strong> a quality suitable for nonpotable uses such as landscape irrigation; not intendedfor human consumption.(ii) "reference evapotranspiration" or "ETo" means a standard measurement <strong>of</strong> environmentalparameters which affect <strong>the</strong> water use <strong>of</strong> plants. Eto is given in inches per day, month, or year, and is anestimate <strong>of</strong> <strong>the</strong> evapotranspiration <strong>of</strong> a large field <strong>of</strong> four-to seven-inch tall, cool-season grass that is wellwatered. Reference evapotranspiration is used as <strong>the</strong> basis <strong>of</strong> determining <strong>the</strong> Maximum Applied WaterAllowances so that regional differences in climate can be accommodated.(jj) "rehabilitated landscape" means any relandscaping project that requires a permit.(kk) "run <strong>of</strong>f" means water which is not absorbed by <strong>the</strong> soil or landscape to which it is appliedand flows from <strong>the</strong> area. For example, run <strong>of</strong>f may result from water that is applied at too great a rate(application rate exceeds infiltration rate) or when <strong>the</strong>re is a severe slope.(ll) "soil moisture sensing device" means a device that measures <strong>the</strong> amount <strong>of</strong> water in <strong>the</strong> soil.(mm) "soil texture" means <strong>the</strong> classification <strong>of</strong> soil based on <strong>the</strong> percentage <strong>of</strong> sand, silt, and clayin <strong>the</strong> soil.(nn) "sprinkler head" means a device which sprays water through a nozzle.(oo) "static water pressure" means <strong>the</strong> pipeline or municipal water supply pressure when water isnot flowing.(pp) "station" means an area served by one valve or by a set <strong>of</strong> valves that operate simultaneously.(qq) "turf" means a surface layer <strong>of</strong> earth containing mowed grass with its roots. Annualbluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.Bermudagrass, Kikuyugrass, Seashore paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass arewarm-season grasses.01/10 Page 158 <strong>of</strong> 230
(rr) "valve" means a device used to control <strong>the</strong> flow <strong>of</strong> water in <strong>the</strong> irrigation system.(ss) "water conservation concept statement" means a one-page checklist and a narrative summary<strong>of</strong> <strong>the</strong> project. (#1125)12.88.020 Provisions for New or Rehabilitated Landscapes(a) APPLICABILITY(1) Except as provided in Section 12.88.020(a)(3), this section shall apply to:(A) All new and rehabilitated landscaping for public agency projects and privatedevelopment projects that require a permit; and(B) developer-installed landscaping in single-family and multi-family projects.(2) Projects subject to this section shall conform to <strong>the</strong> provisions in Section 12.88.020.(3) This section shall not apply to:(A) homeowner-provided landscaping at single-family and multi-family projects;(B) cemeteries;(C) registered historical sites;(D) ecological restoration projects that do not require a permanent irrigation system;(E) mined-land reclamation projects that do not require a permanent irrigationsystem; or(F) any project with a landscaped area less than 2,500 square feet.(b) LANDSCAPE DOCUMENTATION PACKAGE(1) A copy <strong>of</strong> <strong>the</strong> landscape documentation package conforming to this chapter shall be submittedto <strong>the</strong> county. No permit shall be issued until <strong>the</strong> county reviews and approves <strong>the</strong> landscapedocumentation package.(2) A copy <strong>of</strong> <strong>the</strong> approved landscape documentation package shall be provided to <strong>the</strong> propertyowner or site manager along with <strong>the</strong> record drawings and any o<strong>the</strong>r information normally forwarded to<strong>the</strong> property owner or site manager.(3) A copy <strong>of</strong> <strong>the</strong> Water Conservation Concept Statement and <strong>the</strong> Certificate <strong>of</strong> SubstantialCompletion shall be sent by <strong>the</strong> project manager to <strong>the</strong> local retail water purveyor.(4) Each landscape documentation package shall include <strong>the</strong> following elements, which aredescribed in Section 12.88.020(c):(A) Water Conservation Concept Statement(B) Calculation <strong>of</strong> <strong>the</strong> Maximum Applied Water Allowance01/10 Page 159 <strong>of</strong> 230
(C) Calculation <strong>of</strong> <strong>the</strong> Estimated Applied Water Use(D) Calculation <strong>of</strong> <strong>the</strong> Estimated Total Water Use(E) Landscape Design Plan(F) Irrigation Design Plan(G) Irrigation Schedules(H) Maintenance Schedule(I) Landscape Irrigation Audit Schedule(J) Grading Design Plan(K) Soil Analysis(L) Certificate <strong>of</strong> Substantial Completion. (To be submitted after installation <strong>of</strong> <strong>the</strong> project.)(5) If effective precipitation is included in <strong>the</strong> calculation <strong>of</strong> <strong>the</strong> Estimated Total Water Use, <strong>the</strong>nan Effective Precipitation Disclosure Statement from <strong>the</strong> landscape pr<strong>of</strong>essional and <strong>the</strong> property ownershall be submitted with <strong>the</strong> landscape Documentation Package.(c) ELEMENTS OF LANDSCAPE DOCUMENTATION PACKAGE(1) Water Conservation Concept StatementEach landscape documentation package shall include a cover sheet, referred to as <strong>the</strong> WaterConservation Concept Statement. It serves as a check list to verify that <strong>the</strong> elements <strong>of</strong> <strong>the</strong>landscape documentation package have been completed and has a narrative summary <strong>of</strong> <strong>the</strong>project.(2) The Maximum Applied Water Allowanceformula:(A) A project's Maximum Applied Water Allowance shall be calculated using <strong>the</strong> followingMAWA = (Eto) (0.8) (LA) (0.62) where:MAWA = Maximum Applied Water Allowance (gallons per year)Eto = Reference Evapotranspiration (inches per year)0.8 = ET Adjustment FactorLA = Landscaped Area (square feet)0.62 = conversion factor (to gallons per square foot)(B) The Eto for <strong>Yuba</strong> <strong>County</strong> is 47.4.(C) Portions <strong>of</strong> landscaped areas in public and private projects such as parks, playgrounds,sports fields, golf courses, or school yards where turf provides a playing surface or serves o<strong>the</strong>rrecreational purposes are considered recreational areas and may require water in addition to <strong>the</strong>01/10 Page 160 <strong>of</strong> 230
Maximum Applied Water Allowance. A statement shall be included with <strong>the</strong> landscape design plan,designating recreational areas to be used for such purposes and specifying any needed amount <strong>of</strong>additional water above <strong>the</strong> Maximum Applied Water Allowance.(3) Estimated Applied Water Use(A) The Estimated Applied Water Use shall not exceed <strong>the</strong> Maximum Applied Water Allowance.(B) A calculation <strong>of</strong> <strong>the</strong> Estimated Applied Water Use shall be submitted with <strong>the</strong> LandscapeDocumentation Package. It may be calculated by summing <strong>the</strong> amount <strong>of</strong> water recommended in <strong>the</strong>irrigation schedule.(4) Estimated Total Water Use(A) A calculation <strong>of</strong> <strong>the</strong> Estimated Total Water Use shall be submitted with <strong>the</strong> LandscapeDocumentation package. The Estimated Total Water Use may be calculated by summing <strong>the</strong> amount <strong>of</strong>water recommended in <strong>the</strong> irrigation schedule and adding any amount <strong>of</strong> water expected from effectiveprecipitation (not to exceed 25 percent <strong>of</strong> <strong>the</strong> local annual mean precipitation) or may be calculated froma formula such as <strong>the</strong> following:The Estimated Total Water Use for <strong>the</strong> entire landscaped area equals <strong>the</strong> sum <strong>of</strong> <strong>the</strong> EstimatedWater Use <strong>of</strong> all hydrozones in that landscaped area.EWU (hydrozone) = (Eto) (PF) (HA) (.62)(IE)EWU (hydrozone) = Estimated Water Use (gallons per year)Eto = conversion factorIE = irrigation efficiency(B) If <strong>the</strong> Estimated Total Water Use is greater than <strong>the</strong> Estimated Applied Water Use due toprecipitation being included as a source <strong>of</strong> water, an Effective Precipitation Disclosure Statement shallbe included in <strong>the</strong> Landscape Documentation Package.(5) Landscape Design PlanA landscape design plan meeting <strong>the</strong> following requirements shall be submitted as part <strong>of</strong> <strong>the</strong> landscapedocumentation package.(A) Plant Selection and Grouping(i) Any plants may be used in <strong>the</strong> landscape, providing <strong>the</strong> Estimated Applied Water Userecommended does not exceed <strong>the</strong> Maximum Applied Water Allowance and that <strong>the</strong> plantsmeet <strong>the</strong> specifications set forth in (ii), (iii) and (iv).(ii) Plants having similar water use shall be grouped toge<strong>the</strong>r in distinct hydrozones.(iii) Plants shall be selected appropriately based upon <strong>the</strong>ir adaptability to <strong>the</strong>climatic, geologic, and topographical conditions <strong>of</strong> <strong>the</strong> site. Protection and preservation<strong>of</strong> native species and natural areas is encouraged. The planting <strong>of</strong> trees is encouragedwherever it is consistent with <strong>the</strong> o<strong>the</strong>r provisions <strong>of</strong> this ordinance.(iv)Fire prevention needs shall be addressed in areas that are fire prone.01/10 Page 161 <strong>of</strong> 230
Information about fire prone areas and appropriate landscaping for fire safety isavailable from local fire departments or <strong>the</strong> California Department <strong>of</strong> Forestry.(B) Water Features(i) Recirculating water shall be used for decorative water features.(ii) Pool and spa covers are encouraged.(C) Landscape Design Plan SpecificationsThe landscape design plan shall be drawn on project base sheets at a scale that accurately andclearly identifies:(i) Designation <strong>of</strong> hydrozones.(ii) Landscape materials, trees, shrubs, groundcover, turf, and o<strong>the</strong>r vegetation.Planting symbols shall be clearly drawn and plants labeled by botanical name, commonname, container size, spacing, and quantities <strong>of</strong> each group <strong>of</strong> plants indicated.(iii) Property lines and street names.(iv) Streets, driveways, walkways, and o<strong>the</strong>r paved areas.(v) Pools, ponds, water features, fences, and retaining walls.(vi) Existing and proposed buildings and structures including elevation if applicable.(vii) Natural features including but not limited to rock outcroppings, existing trees,shrubs that will remain.(viii) Tree staking, plant installation, soil preparation details, and any o<strong>the</strong>rapplicable planting and installation details.(ix) A calculation <strong>of</strong> <strong>the</strong> total landscaped area.(x) Designation <strong>of</strong> recreational areas.(6) Irrigation Design PlanAn irrigation design plan meeting <strong>the</strong> following conditions shall be submitted as part <strong>of</strong> <strong>the</strong> landscapeDocumentation Package.(A) Irrigation Design Criteria(i) Run<strong>of</strong>f and Overspray. Soil types and infiltration rate shall be considered when designingirrigation systems. All irrigation systems shall be designed to avoid run<strong>of</strong>f, low head drainage,overspray, or o<strong>the</strong>r similar conditions where water flows onto adjacent property, non-irrigated areas,walks, roadways, or structures. Proper irrigation equipment and schedules, including features such asrepeat cycles, shall be used to closely match application rates to infiltration rates <strong>the</strong>refore minimizingrun<strong>of</strong>f.01/10 Page 162 <strong>of</strong> 230
Special attention shall be given to avoid run<strong>of</strong>f on slopes and to avoid overspray in plantingareas with a width less than ten feet, and in median strips.wide.No overhead sprinkler irrigation systems shall be installed in median strips less than ten feet(ii) Irrigation Efficiency. For <strong>the</strong> purpose <strong>of</strong> determining <strong>the</strong> maximum applied waterallowance, irrigation efficiency is assumed to be 0.625. Irrigation systems shall be designed, maintained,and managed to meet or exceed 0.625 efficiency.(iii) Equipment.Water meters. Separate landscape water meters shall be installed for allprojects except for single family homes or any project with a landscaped area <strong>of</strong>less than 5,000 square feet.Controllers. Automatic control systems shall be required for all irrigationsystems and must be able to accommodate all aspects <strong>of</strong> <strong>the</strong> design.Valves. Plants which require different amounts <strong>of</strong> water shall be irrigated byseparate valves. If one valve is used for a given area, only plants with similarwater use shall be used in that area. Anti-drain (check) valves shall be installedin strategic points to minimize or prevent low-head drainage.Sprinkler heads. Heads and emitters shall have consistent application rateswithin each control valve circuit. Sprinkler heads shall be selected for properarea coverage, application rate, operating pressure, adjustment capability, andease <strong>of</strong> maintenance.Rain Sensing Override Devices.required on all irrigation systems.Rain sensing override devices shall beSoil Moisture Sensing Devices. It is recommended that soil moisture sensingdevices be considered where appropriate.(B) Recycled Water(i) The installation <strong>of</strong> recycled water irrigation systems (dual distribution systems)shall be required to allow for <strong>the</strong> current and future use <strong>of</strong> recycled water, unless a writtenexemption has been granted as described in <strong>the</strong> following section (B) (ii).(ii) Irrigation systems shall make use <strong>of</strong> recycled water unless a written exemptionhas been granted by <strong>the</strong> local water agency, stating that recycled water meeting all healthstandards is not available and will not be available in <strong>the</strong> foreseeable future.(iii) The recycled water irrigation systems shall be designed and operated inaccordance with all local and state codes.(C) Irrigation Design Plan SpecificationsIrrigation systems shall be designed to be consistent with hydrozones.01/10 Page 163 <strong>of</strong> 230
The irrigation design plan shall be drawn on project base sheets. It shall be separate from, butuse <strong>the</strong> same format as, <strong>the</strong> landscape design plan. The scale shall be <strong>the</strong> same as that used for <strong>the</strong>landscape design plan described in Section 12.88.020 (c) (5) (C).The irrigation design plan shall accurately and clearly identify:(i) Location and size <strong>of</strong> separate water meters for <strong>the</strong> landscape.(ii) Location, type, and size <strong>of</strong> all components <strong>of</strong> <strong>the</strong> irrigation systems,including automatic controllers, main and lateral lines, valves, sprinkler heads, moisturesensing devices, rain switches, quick couplers, and backflow prevention devices.(iii) Static water pressure at <strong>the</strong> point <strong>of</strong> connection to <strong>the</strong> public water supply.(iv) Flow rate (gallons per minute), application rate (inches per hour), anddesign operating pressure (psi) for each station.(v) Recycled water irrigation systems as specified in <strong>the</strong> Section 12.88.020 (c)(4) (B).(7) Irrigation SchedulesIrrigation schedules satisfying <strong>the</strong> following conditions shall be submitted as part <strong>of</strong> <strong>the</strong> LandscapeDocumentation Package.(A) An annual irrigation program with monthly irrigation schedules shall be required for <strong>the</strong> plantestablishment period, for <strong>the</strong> established landscape, and for any temporarily irrigated areas.(B) The irrigation schedule shall:(i) include run time (in minutes per cycle), suggested number <strong>of</strong> cycles per day, andfrequency <strong>of</strong> irrigation for each station; and(ii) provide <strong>the</strong> amount <strong>of</strong> applied water (in hundred cubic feet, gallons, or inwhatever billing units <strong>the</strong> local water supplier uses) recommended on a monthly andannual basis.(C) The total amount <strong>of</strong> water for <strong>the</strong> project shall include water designated in <strong>the</strong> Estimated TotalWater Use calculation plus water needed for any water features, which shall be considered as a highwater using hydrozone.(D) Recreational areas designated in <strong>the</strong> landscape design plan shall be highlighted and <strong>the</strong>irrigation schedule shall indicate if any additional water is needed above <strong>the</strong> Maximum Applied WaterAllowance because <strong>of</strong> high plant factors (but not due to irrigation inefficiency.)(E) Whenever possible, irrigation scheduling shall incorporate <strong>the</strong> use <strong>of</strong> evapotranspiration datasuch as those from <strong>the</strong> California Irrigation Management Information System (CIMIS) wea<strong>the</strong>r stationsto apply <strong>the</strong> appropriate levels <strong>of</strong> water for different climates.01/10 Page 164 <strong>of</strong> 230
(F) Whenever possible, landscape irrigation shall be scheduled between 2:00 a.m. and 10:00 a.m.to avoid irrigating during times <strong>of</strong> high wind or high temperature.(8) Maintenance SchedulesA regular maintenance schedule satisfying <strong>the</strong> following conditions shall be submitted as part <strong>of</strong> <strong>the</strong>Landscape Documentation Package:(A) Landscapes shall be maintained to ensure water efficiency. A regular maintenance scheduleshall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting <strong>the</strong>automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, andweeding in all landscaped areas.(B) Whenever possible, repair or irrigation equipment shall be done with <strong>the</strong> originally specifiedmaterials or <strong>the</strong>ir equivalents.(9) Landscape Irrigation Audit SchedulesA schedule <strong>of</strong> landscape irrigation audits, for all but single family residences, satisfying <strong>the</strong> followingconditions shall be submitted to <strong>the</strong> county as part <strong>of</strong> <strong>the</strong> landscape documentation package.(A) At a minimum, audits shall be in accordance with <strong>the</strong> State <strong>of</strong> California Landscape WaterManagement Program as described in <strong>the</strong> Landscape Irrigation Auditor Handbook, <strong>the</strong> entire document,which is hereby incorporated by reference. (See Landscape Irrigation Auditor Handbook (June 1990)version 5.5 [formerly Master Auditor Training].)(B) The schedule shall provide for landscape irrigation audits to be conducted by certifiedlandscape irrigation auditors at least once every five years.(10) Grading Design PlanGrading design plans satisfying <strong>the</strong> following conditions shall be submitted as part <strong>of</strong> <strong>the</strong> LandscapeDocumentation Package.(A) A grading design plan shall be drawn on project base sheets. It shall be separate from but use<strong>the</strong> same format as <strong>the</strong> landscape design plan.(B) The grading design plan shall indicate finished configurations and elevations <strong>of</strong> <strong>the</strong>landscaped area, including <strong>the</strong> height or graded slopes, drainage patterns, pad elevations, and finishgrade.(11) Soils(A) A soil analysis satisfying <strong>the</strong> following conditions shall be submitted as part <strong>of</strong> <strong>the</strong> LandscapeDocumentation Package.(i) Determination <strong>of</strong> soil texture, indicating <strong>the</strong> percentage <strong>of</strong> organic matter.(ii) An approximate soil infiltration rate (ei<strong>the</strong>r measured or derived from soiltexture/infiltration rate tables.) A range <strong>of</strong> infiltration rates shall be noted where01/10 Page 165 <strong>of</strong> 230
appropriate.(iii) Measure <strong>of</strong> Ph, and total soluble salts.(B) A mulch <strong>of</strong> at least three inches shall be applied to all planting areas except turf.(12) Certification(A) Upon completing <strong>the</strong> installation <strong>of</strong> <strong>the</strong> landscaping and <strong>the</strong> irrigation system, an irrigation auditshall be conducted by a certified landscape irrigation auditor prior to <strong>the</strong> final field observation. (SeeLandscape Irrigation Auditor Handbook as referenced in Section 12.88.020 (c)(9)(A)).(B) A licensed landscape architect or contractor, certified irrigation designer, or o<strong>the</strong>r licensed orcertified pr<strong>of</strong>essional in a related field shall conduct a final field observation and shall provide acertificate <strong>of</strong> substantial completion to <strong>the</strong> county. The certificate shall specifically indicate that plantswere installed as specified, that <strong>the</strong> irrigation system was installed as designed, and that an irrigationaudit has been performed, along with a list <strong>of</strong> any observed deficiencies.(C) Certification shall be accomplished by completing a Certificate <strong>of</strong> Substantial Completion anddelivering it to <strong>the</strong> county, to <strong>the</strong> retail water supplier, and to <strong>the</strong> Owner <strong>of</strong> Record.(D) Public Education(1) Publications.(A) Local agencies shall provide information to owners <strong>of</strong> all new, single family residentialhomes regarding <strong>the</strong> design, installation, and maintenance <strong>of</strong> water efficient landscapes.(B) Information about <strong>the</strong> efficient use <strong>of</strong> landscape water shall be provided to water usersthroughout <strong>the</strong> community.(2) Model Homes.At least one model home that is landscaped in each project consisting <strong>of</strong> eight or more homes shalldemonstrate via signs and information <strong>the</strong> principles <strong>of</strong> water efficient landscapes described in thisordinance.(A) Signs shall be used to identify <strong>the</strong> model as an example <strong>of</strong> a water efficient landscape andfeaturing elements such as hydrozones, irrigation equipment and o<strong>the</strong>rs which contribute to <strong>the</strong> overallwater efficient <strong>the</strong>me.(B) Information shall be provided about designing, installing, and maintaining water efficientlandscapes. (#1125)12.88.030 Provisions for Existing Landscapes.(a) WATER MANAGEMENTAll existing landscaped areas to which <strong>the</strong> county provides water that are one acre or more, includinggolf courses, green belts, common areas, multi-family housing, schools, businesses, parks, cemeteries,01/10 Page 166 <strong>of</strong> 230
and publicly owned landscapes shall have a landscape irrigation audit at least every five years. At aminimum, <strong>the</strong> audit shall be in accordance with <strong>the</strong> California Landscape Water Management Programas described in <strong>the</strong> Landscape Irrigation Auditor Handbook, <strong>the</strong> entire document which is herebyincorporated by reference. (See Landscape Irrigation Auditor Handbook, Dept. <strong>of</strong> Water Resources,Water Conservation Office (June 1990) version 5.5.)(1) If <strong>the</strong> project's water bills indicate that <strong>the</strong>y are using less than or equal to <strong>the</strong> MaximumApplied Water Allowance for that project site, an audit shall not be required.(2) Recognition <strong>of</strong> projects that stay within <strong>the</strong> Maximum Applied Water Allowance isencouraged.(b) WATER WASTE PREVENTIONThe county shall prevent water waste resulting from inefficient landscape irrigation by prohibitingrun<strong>of</strong>f, low head drainage, overspray, or o<strong>the</strong>r similar conditions where water flows onto adjacentproperty, non-irrigated areas, walks, roadways, or structures. Penalties for violation <strong>of</strong> <strong>the</strong>se prohibitionsshall be established locally. (#1125)12.88.040 Effective PrecipitationIf effective precipitation is included in <strong>the</strong> calculation <strong>of</strong> <strong>the</strong> Estimated Total Water Use, an EffectivePrecipitation Disclosure Statement (similar to <strong>the</strong> following Sample Effective Precipitation DisclosureStatement) shall be completed, signed, and submitted with <strong>the</strong> Landscape Documentation Package. Nomore than 25 percent <strong>of</strong> <strong>the</strong> local annual mean precipitation shall be considered effective precipitation in<strong>the</strong> calculation <strong>of</strong> <strong>the</strong> Estimated Total Water Use.(#1125)01/10 Page 167 <strong>of</strong> 230
CHAPTER 12.90SIGN REGULATIONSSections12.90.005 Findings12.90.010 Declaration <strong>of</strong> Purpose12.90.015 Diagrams12.90.020 Definitions12.90.022 General Provisions12.90.025 Individual Uses12.90.030 Building Complex Signs12.90.035 Motor Vehicle Fuel and Service Station Signs12.90.040 Subdivision Signs12.90.045 Prohibited Uses12.90.050 Building Permit Required12.90.055 Exemptions12.90.060 Building Code Compliance12.90.065 Nonconforming Existing Signs12.90.070 Removal <strong>of</strong> Illegal Nonconforming Signs12.90.075 Sign Maintenance12.90.080 Enforcement12.90.085 Compliance with State and Federal Regulations12.90.087 Planned Sign Permit Program12.90.090 Variance12.90.095 Appeal to <strong>the</strong> Planning Commission12.90.100 Decision12.90.105 Appeal to <strong>the</strong> Board <strong>of</strong> Supervisors12.90.110 Decision_________________________________________________12.90.005 Findings. Signs are an essential element <strong>of</strong> any community. Their location, number, size,design, and relationship to each o<strong>the</strong>r and to o<strong>the</strong>r structures have a significant influence upon acommunity’s appearance, property values and welfare, and a resultant effect upon a viewer’s perception<strong>of</strong> <strong>the</strong> community. Signs serve a useful purpose in communicating a message, whe<strong>the</strong>r commercial oro<strong>the</strong>rwise.Where signs are not properly regulated, <strong>the</strong>y contribute to visual clutter and confusion, and create anunpleasant impression. They may cause traffic hazards and impede ra<strong>the</strong>r than enhance commerce. Insuch situations, signs may fail to achieve <strong>the</strong>ir original objective <strong>of</strong> communication. Failure toappropriately regulate signs adversely affects <strong>the</strong> public health, safety, and welfare. (#1027, #1438)12.90.010 Declaration <strong>of</strong> Purpose. The purpose <strong>of</strong> this Chapter is to allow for a reasonable display <strong>of</strong>signs necessary to provide identification and to assist in <strong>the</strong> production <strong>of</strong> a competitive atmosphere forindustry and commerce and to permit and regulate signs in such a manner as to support and complement<strong>the</strong> land use objectives set forth in <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> General Plan and this Chapter by:(1) Encouraging signs that are well designed and pleasing in appearance by providing incentive andlatitude for variety.01/10 Page 168 <strong>of</strong> 230
(2) Encouraging a desirable character with a minimum <strong>of</strong> clutter.(3) Enhancing <strong>the</strong> economic values <strong>of</strong> each environ through <strong>the</strong> regulations <strong>of</strong> size, location, andilluminations.(4) Attracting and directing people to various activities and enterprises and providing for <strong>the</strong> maximumpublic convenience.(5) Reducing or eliminating traffic and safety hazards through proper location and design.(6) Promoting ease <strong>of</strong> Sign Ordinance Administration. (#1027)(7) Providing for fair and equal treatment <strong>of</strong> sign users.(8) Providing for eventual elimination <strong>of</strong> preexisting nonconforming signs on a fair and equitable basis.12.90.015 Diagrams. The inclusion <strong>of</strong> diagrams is for illustrative purposes only. Where a diagramconflicts with text, <strong>the</strong> text shall control. (#1438)12.90.020 Definitions. All terms used in this ordinance shall have <strong>the</strong> following definitions unless acontrary meaning is clearly shown:(1) ABANDONED SIGN shall mean any sign that is located on property which becomes vacant and isunoccupied for a period <strong>of</strong> three months or more, or any sign which pertains to a time, event, or purposewhich no longer applies.(2) AREA shall mean(a)"Area <strong>of</strong> freestanding sign" means <strong>the</strong> area <strong>of</strong> <strong>the</strong> sign. It does not includeembellishments such as <strong>the</strong> monument base, pole covers, framing ordecorative ro<strong>of</strong>ing provided that <strong>the</strong>re is no advertising copy on or attached tosuch embellishments. If <strong>the</strong> freestanding sign is double faced, only one face isused to calculate sign area. If <strong>the</strong> freestanding sign has more than two (2)faces, each face is used to calculate <strong>the</strong> sign area.THEGARDENSTOREYTHEGARDENSTOREFRAMINGMONUMENTBASEXPOLETHEGARDENSTOREPOLESIGN AREA WITHIN DASHED LINES(b)"Area <strong>of</strong> wall sign" means <strong>the</strong> total area <strong>of</strong> <strong>the</strong> sign, including all structuresframing <strong>the</strong> sign, such as, background embellishments or <strong>the</strong> area containedwithin a rectangle or square drawn completely around <strong>the</strong> display surface, ordrawn completely around <strong>the</strong> individual letters or logos.01/10 Page 169 <strong>of</strong> 230
ONE LINE OF TEXTYXHadley'sTWO LINES OF TEXTYXY XTEXT AND LOGOCURVING TEXTYXYXX YPRIMARY SIGN W/SUBTEXTYX XYTEXT WITH VARIED SHAPESX XXY YYYX(3) BILLBOARD SIGN shall mean a non-point-<strong>of</strong>-sale sign which advertises a business, organization,event, person, place, or thing o<strong>the</strong>r than <strong>the</strong> occupant <strong>of</strong> <strong>the</strong> premises on which <strong>the</strong> sign is located.(4) BUILDING COMPLEX shall mean a development <strong>of</strong> three or more buildings, tenants, or uses,intended to function in a joint manner, regardless <strong>of</strong> sequence <strong>of</strong> buildout. Characteristics <strong>of</strong> a buildingcomplex may include, but are not limited to shared parking facilities, reciprocal access, and commonbuilding design. A building complex may include multiple tenants or owners, freestanding pad buildings,and may be situated on one or more lots <strong>of</strong> parcels. Development <strong>of</strong> a specific plan large lot parcel doesnot necessarily result in a building complex as herein defined.(5) BUILDING FAÇADE shall mean <strong>the</strong> exterior elevation <strong>of</strong> a building or individual use(whichever is applicable) which has <strong>the</strong> primary entrance.01/10 Page 170 <strong>of</strong> 230
TENANTTENANTTENANT(6) BUILDING SIGN shall mean a wall sign.TYPICAL BUILDING FACADE(7) CLEAR VISUAL TRIANGLE shall mean <strong>the</strong> area created by drawing an imaginary line betweenpoints twenty-five (25) feet back from where <strong>the</strong> curb lines <strong>of</strong> <strong>the</strong> intersection quadrant meet, or asdetermined by <strong>the</strong> Community Development and Services Agency.CLEAR VISION TRIANGLE(NO SIGN WITHIN THIS AREA)30' 25BACK OF CURBSIDEWALKSTREET2530'NO SIGN WITHIN TRIANGLE(8) CONSTRUCTION SIGN shall mean any on-site temporary sign giving <strong>the</strong> name or names <strong>of</strong>principal contractors, engineers, developers, architects, and lending institutions responsible forconstruction on <strong>the</strong> site where <strong>the</strong> sign is placed, toge<strong>the</strong>r with o<strong>the</strong>r information included <strong>the</strong>reon.(9) DEVELOPMENT PROJECT SIGN shall mean an on-site temporary sign identifying <strong>the</strong> location <strong>of</strong>an unconstructed development project(10) DIRECTIONAL SIGN shall mean an on-site sign designed to guide vehicular or pedestrian trafficthat does not promote or advertise a business, property or product.(11) DIRECTORY SIGN shall mean a sign on which <strong>the</strong> names and locations <strong>of</strong> occupants or <strong>the</strong> use <strong>of</strong>a building is given to pedestrian traffic. This shall include <strong>of</strong>fice buildings and church directories. Thesign shall not be used to advertise products or properties.(12) FASCIA shall mean <strong>the</strong> vertical area above <strong>the</strong> building wall and below <strong>the</strong> ro<strong>of</strong> slope or ro<strong>of</strong> line.01/10 Page 171 <strong>of</strong> 230
FASCIAFASCIATENANT TENANT BUILDINGCROSSSECTIONTYPICAL BUILDING FASCIA(13) FREESTANDING PAD BUILDING shall mean a building within a building complex not attachedto <strong>the</strong> major tenant.(14) FREESTANDING SIGN shall mean any sign not affixed to a building including, but not limitedto, a "ground mounted sign", "detached sign", or "monument sign".(15) FREEWAY shall mean Highway 65, 70, or 20.(16) GARAGE or YARD SALE SIGN shall mean a temporary, on-site sign advertising a garage oryard sale(17) GOVERNMENTAL SIGN shall mean ei<strong>the</strong>r a sign installed by a governmental entity or by aprivate individual or business as required by Federal, State or local laws.(18) GRADE shall mean <strong>the</strong> elevation <strong>of</strong> <strong>the</strong> finished surface <strong>of</strong> <strong>the</strong> ground or paving.(19) HEIGHT <strong>of</strong> FREESTANDING SIGN shall mean <strong>the</strong> actual distance from <strong>the</strong> grade at<strong>the</strong> edge <strong>of</strong> <strong>the</strong> right-<strong>of</strong>-way (excluding Freeway Signs) along which a sign is placed or oriented to <strong>the</strong>highest point <strong>of</strong> <strong>the</strong> sign, or any structural or architectural component <strong>of</strong> <strong>the</strong> sign. When <strong>the</strong> grade at<strong>the</strong> edge <strong>of</strong> <strong>the</strong> right-<strong>of</strong>-way is higher than <strong>the</strong> site on which <strong>the</strong> sign is placed, that portion <strong>of</strong> <strong>the</strong> signbelow <strong>the</strong> grade at <strong>the</strong> edge <strong>of</strong> <strong>the</strong> right-<strong>of</strong>-way shall not be included in determining <strong>the</strong> sign's overallheight. Signs oriented towards a freeway shall be measured from <strong>the</strong> project site grade or padwhichever is lower.HEIGHT OF SIGNTHEGARDENSTOREHEIGHT OF SIGNTHEGARDENSTORESTREET GRADECURB &GUTTERGRADE ATEDGE OFRIGHT OF WAYSIDEWALKSLOPEPROJECT SITE GRADETHIS PORTION OFTHE SIGN ISNOT INCLUDEDIN THE OVERALLSIGN HEIGHTSTREET GRADECURB &GUTTERGRADE ATEDGE OFRIGHT OF WAYSIDEWALKBERMPROJECT SITE GRADESIGN BASE BELOW R.O.W. GRADESIGN BASE ABOVE R.O.W. GRADE(20) ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial lightsource.01/10 Page 172 <strong>of</strong> 230
(21) INDIVIDUAL USES shall mean a nonresidential use <strong>of</strong> property located in nonresidential zones,but not located in a building complex.(22) INFORMATIONAL SIGN shall mean a sign erected for <strong>the</strong> safety or convenience <strong>of</strong> <strong>the</strong> publicincluding but not limited to "restrooms", "telephone", "danger", "No Smoking", "Manager's Office",and o<strong>the</strong>r signs <strong>of</strong> similar nature that do not promote or advertise a business, property or product.(23) JOINT IDENTIFICATION SIGN shall mean any sign which identifies two or more separatebusinesses, products or services produced or sold upon <strong>the</strong> property upon which <strong>the</strong> sign is placed.(24) MAJOR TENANT shall mean a single tenant who occupies at least 40,000 square feet or 50% <strong>of</strong>floor area <strong>of</strong> a building complex.(25) MARQUEE SIGN shall mean any sign attached to and made part <strong>of</strong> a marquee. A marquee isdefined as a permanent ro<strong>of</strong>-like structure projecting beyond a building wall at an entrance to a buildingor extending along and projecting beyond <strong>the</strong> building’s wall and generally designed and constructed toprovide protection against <strong>the</strong> wea<strong>the</strong>r.(26) MENU/ORDER BOARD SIGN shall mean a sign installed in a drive through facility and intendedfor drive through customers that advertises <strong>the</strong> products available at <strong>the</strong> facility.(27 ) MONUMENT SIGN shall mean a freestanding sign with a solid or decorative basethat advertise <strong>the</strong> businesses located on <strong>the</strong> site.(28) MULTIFAMILY RESIDENTIAL PROJECTS shall mean two (2) or more residential units on asingle parcel not located in a single family zoning district or two (2) or more residential units on morethan a single parcel not located in a single family zoning district developed as one project (e.g.,condo).(29) NONCONFORMING SIGN shall mean any sign which does not conform to <strong>the</strong> regulations <strong>of</strong> thisChapter.(30) ON-PREMISE SIGN shall mean any sign advertising a business, product or service produced or soldupon <strong>the</strong> property upon which <strong>the</strong> sign is placed.(31) OFF-PREMISE SIGN shall mean a sign which advertises any business, product, event or servicenot conducted, sold, manufactured or located on <strong>the</strong> premises where <strong>the</strong> sign is located.(32) PERSON shall mean and include any person, firm, partnership, association, corporation, company or01/10 Page 173 <strong>of</strong> 230
organization, singular or plural, <strong>of</strong> any kind.(33) PARCEL shall mean a legal parcel <strong>of</strong> land or lot in compliance with <strong>the</strong> Subdivision Map Act(34) POLE SIGN shall mean any sign which is supported by structures or supports in or upon <strong>the</strong>ground and independent <strong>of</strong> any support from any building.(35) POLITICAL SIGN shall mean a sign pertaining to an election to any public <strong>of</strong>fice, any ballotmeasure, or containing any social, ideological, or religious information <strong>of</strong> a non-commercial nature.(36) PRIMARY ENTRANCE shall mean a main public entrance to <strong>the</strong> property or building.(37) PROJECTING SIGN shall mean any sign o<strong>the</strong>r than a wall sign affixed to any building or wallwhose leading edge extends beyond such building or wall.(38) PUBLIC SIGN shall mean any sign <strong>of</strong> a public or noncommercial nature, which shall includecommunity service information signs, public transit service signs, public utility information signs, safetysigns, danger signs, trespassing signs, signs indicating scenic or historical points <strong>of</strong> interest, and all signserected by a public <strong>of</strong>ficer in <strong>the</strong> performance <strong>of</strong> a public duty.(39) REAL ESTATE SIGN shall mean any sign which is used to <strong>of</strong>fer for sale, lease, or rent <strong>the</strong> propertyupon which <strong>the</strong> sign is placed.(40) ROOF LINE shall mean <strong>the</strong> line formed by <strong>the</strong> junction <strong>of</strong> <strong>the</strong> ro<strong>of</strong> and <strong>the</strong> outside wall <strong>of</strong> anybuilding.ROOF LINEROOF LINEROOF LINETENANTTENANTTENANTTYPICAL ROOF LINE(41) ROOF SIGN shall mean any sign erected or constructed wholly upon or over <strong>the</strong> ro<strong>of</strong> <strong>of</strong> anybuilding and supported solely on <strong>the</strong> ro<strong>of</strong> structure.(42) SANDWICH SIGN (A-FRAME) shall mean any temporary, portable, double-faced, tent-likebusiness sign unattached to <strong>the</strong> ground or building placed in front <strong>of</strong> or adjacent to a business.(43) SHOPPING/COMMERCIAL OFFICE CENTER OR INDUSTRIAL/CENTER IDENTIFICATIONSIGN shall mean a joint identification sign representing three (3) or more separate use tenants on a singlesite sharing common driveways and parking facilities identified with a common logo or identification.The sign does not include individual businesses (see monument sign).(44) SIGNS shall mean any surface, fabric, device, or display which bears lettered, pictorial, orsculptured matter including forms shaped to resemble any human, animal, or product, designed to convey01/10 Page 174 <strong>of</strong> 230
information visually and which is exposed to public view. For <strong>the</strong> purposes <strong>of</strong> this Code, <strong>the</strong> term “sign”shall include all structural members. A sign shall be construed to be a display surface or devicecontaining organized and related elements composed to form a single unit. In cases where matter isdisplayed in a random or unconnected manner without organized relationship <strong>of</strong> <strong>the</strong> components, eachsuch component shall be considered to be a single sign.(45) SINGLE IDENTIFICATION SIGN shall mean any sign which identifies one business, product orservice produced or sold upon <strong>the</strong> property which <strong>the</strong> sign is placed.(46) SNIPE SIGN shall mean any sign <strong>of</strong> any material whatsoever that is attached in any way to a utilitypole, tree, or any object located or situated on public or private property.(47) SPANDREL shall mean <strong>the</strong> area located between <strong>the</strong> top window or architectural feature <strong>of</strong> afloor or story and <strong>the</strong> window or architectural feature on <strong>the</strong> next higher floor in buildings for morethan one story.1500TENANTTENANTSPANDRELSPANDRELSPANDREL (area between floors)(48) SPECIFIC PLAN/ AREA PLAN SIGN GUIDELINES shall mean criteria adopted by <strong>the</strong> countyfor a Specific Plan, Area Plan, or Master Plan Area.(49) TEMPORARY SIGN shall mean any sign which is displayed for a limited time duration. Permittedtemporary signs and <strong>the</strong> allowed duration are specified as follows:(a) Construction – 3 months or until project is completed.(b) Political – 3 months within election. Signs must be removed no later than ten (10) days after<strong>the</strong> end <strong>of</strong> an election.(c) Real Estate – Signs for individual sales are to be located outside <strong>of</strong> <strong>the</strong> publicand removed prior to or at <strong>the</strong> close <strong>of</strong> escrow on <strong>the</strong> listed property.right-<strong>of</strong>-way(d) Subdivision – see section 12.90.040(e) Promotional Banner Signs –a promotional banner sign may be erected and maintained on-sitefor a business. These signs shall not replace <strong>the</strong> primary permanent identification sign(s) for <strong>the</strong>business, and <strong>the</strong> business must have a permanent sign permit on file with <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>.(1) Number and Duration. No more than one (1) such temporary sign may beerected per business at any one time. This sign may be posted on a continuousbasis, but shall be required to be kept in a good state <strong>of</strong> repair and preservation.01/10 Page 175 <strong>of</strong> 230
These signs shall be made <strong>of</strong> durable material, and shall be subject to <strong>the</strong> samemaintenance provisions as permanent signs.(2) Design. The sign shall not be illuminated and shall not contain movingparts.(3) Maximum Total Square Footage. The following standards will be utilizedin determining <strong>the</strong> maximum sign square footage allowed per business:(a) Building or tenant spaces having less than fifty (50) linear feet <strong>of</strong> buildingfrontage are allowed sixty (60) square feet.(b) Buildings or tenant spaces within a building complex having more thanfifty (50) linear feet <strong>of</strong> building frontage but less than one-hundred (100) feet <strong>of</strong>building frontage are allowed eighty (80) square feet.(c) Buildings or tenant spaces within a building complex having more thanone-hundred (100) feet <strong>of</strong> building frontage are allowed one-hundred twenty(120) square feet.For <strong>the</strong> purpose <strong>of</strong> this provision <strong>of</strong> <strong>the</strong> sign ordinance, building frontage shallbe defined as <strong>the</strong> building façade that directly abuts a public street, privatestreet, parking lot driveway or parking spaces in which main customer access isprovided to <strong>the</strong> business.(4) Location. A promotional banner sign shall not be freestanding and shall beaffixed to <strong>the</strong> face <strong>of</strong> a building, perimeter wall/fence or permanent freestandingsign. If attached to a freestanding sign it shall be fully adhered to <strong>the</strong> face <strong>of</strong> <strong>the</strong>existing sign and be restricted to only one (1) sign per center/use. Banner signsshall be restricted to <strong>the</strong> building areas that front onto a street or parking lotdirectly adjacent to <strong>the</strong> business for which <strong>the</strong> sign is posted. Sign locationsshall also conform to <strong>the</strong> location standards established for permanent signs andare allowed to be posted in <strong>the</strong> areas permitted for permanent signage under <strong>the</strong>sign ordinance or an approved planned sign permit program. When affixed to abuilding <strong>the</strong>se signs shall not extend above <strong>the</strong> ro<strong>of</strong>line or parapet <strong>of</strong> <strong>the</strong>structure.(5) Purpose. The purpose <strong>of</strong> this section is to implement orderly banner signstandards in order to promote, among o<strong>the</strong>r things, traffic safety and aes<strong>the</strong>ticvalues.(50) VARIANCE shall mean an approval to deviate from <strong>the</strong> criteria <strong>of</strong> this <strong>Title</strong>.(51) WALL SIGN shall mean any sign painted on or attached to and erected parallel to <strong>the</strong> face <strong>of</strong>, orerected and confined within <strong>the</strong> limits <strong>of</strong>, <strong>the</strong> outside wall <strong>of</strong> any building and supported by such wall orbuilding and which displays only one advertising surface.01/10 Page 176 <strong>of</strong> 230
ATTACHEDWALL SIGNATTACHEDWALL SIGNTENANTWALL SIGNPRINTED ONCANOPYTYPICAL WALL SIGN(52) WINDOW SIGN shall mean any sign placed inside or upon a window facing <strong>the</strong> outside and whichis intended to be seen from <strong>the</strong> exterior. (#1027, #1438)12.90.022 General Provisions.(1) All new signs shall be installed in conformance with <strong>the</strong> provisions <strong>of</strong> this Chapter.(2) All existing nonconforming signs located on a parcel or building shall ei<strong>the</strong>r be removed ormodified to conform with provisions <strong>of</strong> this Chapter when a change <strong>of</strong> use or occupancy, or expansion<strong>of</strong> a use is approved, except as provided by Section 12.90.22(3) and 12.90.22(4).(3) The continued use <strong>of</strong> legally established pole signs in a Commercial Zone shall be permitted,provided no modification or alteration is made o<strong>the</strong>r than change <strong>of</strong> copy.(4) Off-Premise Subdivisions signs that do not conform to <strong>the</strong> requirements <strong>of</strong> this chapter shall bemodified to conform to <strong>the</strong> provisions <strong>of</strong> this chapter or shall be removed within thirty (30) days <strong>of</strong> <strong>the</strong>subdivision being sold or twelve (12) months from <strong>the</strong> adoption <strong>of</strong> this ordinance whichever occursfirst. (As amended by #1097, #1197, #1438)12.90.025 Individual Uses.12.90.025.A(#1438)General Provisions. Individual uses are permitted signs as set forth in this Section.12.90.025.B Freestanding Signs. Except as o<strong>the</strong>rwise provided, <strong>the</strong> following provisions shallapply to all freestanding signs for individual uses:(1) Number. Every individual use may erect and maintain one (1) freestanding sign plusone (1) additional sign if <strong>the</strong> project has more than one (1) street frontage or isadjacent to a freeway, or has over one thousand (1000) lineal feet <strong>of</strong> street frontageand more than one (1) driveway entrance. The total number <strong>of</strong> signs shall not exceedtwo (2).(2) Location.(a) No freestanding sign over three (3) feet high shall be erected or maintained within<strong>the</strong> clear vision triangle;(b) Freestanding signs shall not be erected or maintained any closer than three (3)feet to any building; and(b) Freestanding signs shall maintain a setback, measured from that part <strong>of</strong> <strong>the</strong> sign01/10 Page 177 <strong>of</strong> 230
that is closest to <strong>the</strong> nearest property line <strong>of</strong> <strong>the</strong> parcel or lot on which it is placed,equal to at least one-half (1/2) <strong>the</strong> height <strong>of</strong> <strong>the</strong> sign.(3) Height. The maximum height for freestanding signs shall be twenty (20) feet.(4) Area. Except as o<strong>the</strong>rwise provided, <strong>the</strong> area <strong>of</strong> a freestanding sign shall be one (1)square foot for each lineal foot <strong>of</strong> street frontage with a maximum area <strong>of</strong> onehundred fifty (150) square feet. If a use fronts on more than one (1) street ei<strong>the</strong>r, butnot both, frontages may be used to determine sign area. Provided, however, that <strong>the</strong>freestanding sign must be placed along and oriented to <strong>the</strong> frontage which is used todetermine permissible area. (#1438)12.90.025.C Wall Signs. Except as o<strong>the</strong>rwise provided, <strong>the</strong> following provisions shall apply to allwall signs for individual uses:(1). Number. Every individual use may erect and maintain up to two (2) wall signsprovided a sign is located on a different side <strong>of</strong> <strong>the</strong> building and faces a publicentrance, street, or parking lot.(2) Location.(a) Wall signs may be:(1) Attached flat against or pinned away from a building wall, but shall notextend or protrude more than one (1') foot from <strong>the</strong> wall;(2) Attached to <strong>the</strong> facade <strong>of</strong> a building or on a sloping ro<strong>of</strong> (mansard ro<strong>of</strong>),but shall not extend above <strong>the</strong> upper edge <strong>of</strong> <strong>the</strong> facade or <strong>the</strong> slopingro<strong>of</strong>; and(3) Painted on or attached to a canopy or awning.(b) Signs shall be compatible with <strong>the</strong> architecture <strong>of</strong> <strong>the</strong> building and should notcover or interrupt major architectural features, including such features as doors,windows, or tile embellishments; and(c) Signs placed between window spandrels, on fascias, on sloping ro<strong>of</strong>s, or onawnings shall not exceed two-thirds (2/3) <strong>of</strong> <strong>the</strong> height <strong>of</strong> <strong>the</strong> area to which <strong>the</strong>sign is attached.(d) Wall signs shall be centered vertically on <strong>the</strong> spandrel, fascia or awning.(3) Area. The combined area <strong>of</strong> all wall signs for a building shall not exceed one and onehalf (1 ½) square feet per lineal feet <strong>of</strong> building frontage with a maximum <strong>of</strong> twohundred (200) square feet per use. The length <strong>of</strong> any sign shall not exceed seventy(70%) percent <strong>of</strong> <strong>the</strong> length <strong>of</strong> <strong>the</strong> tenant space façade or building façade. (#1438)12.90.025.D On-Site Directional Signs.(1) Number.(a) One directional sign is permitted for each one way driveway;(b) One directional sign is permitted for each drive through aisle;(c) One directional sign is permitted for each service or delivery entrance; and(d) Additional directional signs are permitted if a health and safety need isdemonstrated to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> Planning Director.(2) Location.(a)The sign shall be setback from any property line at least one-half <strong>the</strong>height <strong>of</strong> <strong>the</strong> sign; and(b)The sign shall not be located so as to impair <strong>the</strong> vision <strong>of</strong> <strong>the</strong>01/10 Page 178 <strong>of</strong> 230
driver <strong>of</strong> a vehicle traveling ei<strong>the</strong>r into, out <strong>of</strong>, or through <strong>the</strong> site.(3) Area. The area <strong>of</strong> each sign shall not exceed four (4) square feet.(4) Height. The height <strong>of</strong> <strong>the</strong> sign including <strong>the</strong> pole or base shall not exceed four (4) feetfrom grade to <strong>the</strong> top <strong>of</strong> <strong>the</strong> sign. (#1438)12.90.025.E Menu/Order Board Signs.(1) Number. Every business with a drive through facility is permitted a maximum <strong>of</strong> twomenu/order board signs.(2) Location.(a) The sign shall be located adjacent to <strong>the</strong> drive through aisle; and(b) The sign shall not be located as to impair <strong>the</strong> vision <strong>of</strong> <strong>the</strong> driver <strong>of</strong> a vehicletraveling ei<strong>the</strong>r into, out <strong>of</strong>, or through <strong>the</strong> drive through aisle.(3) Area. The area <strong>of</strong> each sign shall not exceed thirty-two (32) square feet.(4) Height. The height <strong>of</strong> <strong>the</strong> sign including <strong>the</strong> pole or base shall not exceed six (6) feetfrom grade to <strong>the</strong> top <strong>of</strong> <strong>the</strong> sign. (#1438)12.90.025.F Programmable Electronic Signs.(1) The following shall apply to programmable electronic signs:(a) Signs shall only be permitted for time and temperature displays, gas station pricesigns, hotels/motels for prices and vacancies, and <strong>the</strong>aters.(b) Programmable electronic signs shall comply with <strong>the</strong> provisions for wall signs asprovided by Section 12.90.025.C and freestanding signs as provided by Section12.90.025.B. (#1438)12.90.025.EMovie Theatres.(1) Number. A maximum <strong>of</strong> one programmable electronic sign is permitted per movie <strong>the</strong>atre.(2) Location.(a) Displays shall be located within ten (10) feet <strong>of</strong> a box <strong>of</strong>fice, ticket window, or buildingentrance.(b) Signs shall be pedestrian oriented and shall not be located for <strong>the</strong> purpose <strong>of</strong> beingreadable from <strong>the</strong> street.(3) Area. Programmable electronic signs shall be limited to a maximum <strong>of</strong> thirty (30) squarefeet.(4) The content <strong>of</strong> programmable electric signs shall be limited to advertisement ornotification <strong>of</strong> events occurring solely on <strong>the</strong> premises, or date, time, and temperature.(#1438)12.90.030 Building Complex Signs.01/10 Page 179 <strong>of</strong> 230
12.90.030.A Building Complex Signs. A building complex shall be considered as a single entity,regardless <strong>of</strong> whe<strong>the</strong>r or not it consists <strong>of</strong> more than one lot or parcel. Building complex signs shall bepermitted as set forth in this section. (#1438)12.90.030.B Freestanding Signs.(1) Number. To identify <strong>the</strong> building complex and/or its tenants in <strong>the</strong> building complex,each building complex is permitted:(a) One (1) on-site freestanding sign per Building Complex;(b) One (1) additional on-site freestanding sign for building complexes with morethan one (1) street frontage when an entrance to <strong>the</strong> building complex is provided,or when freeway frontage exists and <strong>the</strong> additional sign is oriented towards <strong>the</strong>freeway; and(c) One (1) additional on-site freestanding sign is permitted for every one thousand(1,000) lineal feet or a portion <strong>the</strong>re<strong>of</strong> <strong>of</strong> total frontage exceeding two thousand(2,000) lineal feet.(2) Location and design.(a) Freestanding signs shall not be erected or maintained any closer than three (3')feet to any building;(b) Freestanding signs shall maintain a setback, measured from <strong>the</strong> part <strong>of</strong> <strong>the</strong> signthat is closest to <strong>the</strong> nearest property line <strong>of</strong> <strong>the</strong> parcel on which it is placed, equalto at least one-half (1/2) <strong>the</strong> height <strong>of</strong> <strong>the</strong> sign;(c) If more than one (1) on-site freestanding sign is proposed, each sign shall have <strong>the</strong>same design; and(d) The colors and materials <strong>of</strong> <strong>the</strong> sign(s) shall be compatible with <strong>the</strong> colors andmaterials <strong>of</strong> <strong>the</strong> building complex.(3) Height.(a) The maximum height for freestanding signs shall be twenty (20) feet.(4) Area.(a) The maximum area <strong>of</strong> each sign excluding <strong>the</strong> base and/or embellishments shallbe one hundred fifty (150) square feet. (#1438)12.90.30.C Wall Signs.(1) Number.(a) Major tenants are permitted an unlimited number <strong>of</strong> wall signs;(b) Freestanding pad buildings with one tenant are permitted three wall signs,provided each sign is located on a different side <strong>of</strong> <strong>the</strong> building and faces a publicentrance, a public street or a parking lot;(c) Freestanding pad buildings with two or more tenants are permitted two wall signsper tenant, provided <strong>the</strong> signs for each tenant are located on a different side <strong>of</strong> <strong>the</strong>building and face a public entrance, a public street or a parking lot; and(d) Uses that are nei<strong>the</strong>r major tenants nor freestanding pad buildings are permittedone wall sign; provided however, a use on a corner <strong>of</strong> <strong>the</strong> building is permittedtwo wall signs, provided each sign is located on a different side <strong>of</strong> <strong>the</strong> buildingand faces a public entrance, a public street, or a parking lot.01/10 Page 180 <strong>of</strong> 230
(2) Location and design.(a) Wall signs may be:(1) Attached flat against or pinned away from a building wall, but shall notextend or protrude more than one foot from <strong>the</strong> wall;(2) Attached to <strong>the</strong> facade <strong>of</strong> a building or on a sloping ro<strong>of</strong> (mansard), butshall not extend above <strong>the</strong> upper edge <strong>of</strong> <strong>the</strong> facade or <strong>the</strong> sloping ro<strong>of</strong>; and(3) Painted on or attached to a canopy or awning;(b) Signs shall be compatible with <strong>the</strong> architecture <strong>of</strong> <strong>the</strong> building and should notcover or interrupt major architectural features, including such features as doors,windows, and tile embellishments;(c) Signs placed between window spandrels, on fascias, on sloping ro<strong>of</strong>s, or onawnings shall not exceed two-thirds <strong>of</strong> <strong>the</strong> height <strong>of</strong> <strong>the</strong> area to which <strong>the</strong> sign isattached;(d) Wall signs shall be centered vertically on <strong>the</strong> spandrel, fascia, or awning;(e) The size <strong>of</strong> <strong>the</strong> letters and <strong>the</strong> spacing shall be balanced for <strong>the</strong> tenants within <strong>the</strong>building complex providing minimum and maximum letter heights;(f) The type <strong>of</strong> signs throughout <strong>the</strong> building complex shall be consistent; and(3) Area.(a) The combined area <strong>of</strong> all wall signs for a building shall not exceed one and onehalf (1 ½) square feet per lineal feet <strong>of</strong> building frontage with a maximum <strong>of</strong> twohundred (200) square feet per use. Major tenants with a minimum <strong>of</strong> one hundredthousand (100,000) square feet <strong>of</strong> floor area are permitted up to a maximum <strong>of</strong>three hundred (300) square feet <strong>of</strong> cumulative sign area.(b) The length <strong>of</strong> wall signs shall not exceed seventy (70%) percent <strong>of</strong> <strong>the</strong> length <strong>of</strong><strong>the</strong> tenant space facade or building façade. (#1438)12.90.030.D On-Site Directional Signs. On-site directional signs shall comply with <strong>the</strong>provisions <strong>of</strong> Section 12.90.025.D. (#1438)12.90.030.E Directory Signs.(1) Number. Each building with more than two tenants is permitted one directory signlocated outside <strong>the</strong> building.(2) Location.(a) The sign shall be setback from any property line at least one-half <strong>the</strong> height <strong>of</strong> <strong>the</strong>sign;(b) The sign shall be located within twenty (20) feet <strong>of</strong> <strong>the</strong> building; and(c) The sign shall not be located so as to impair <strong>the</strong> vision <strong>of</strong> <strong>the</strong> driver <strong>of</strong> a vehicletraveling ei<strong>the</strong>r into, out <strong>of</strong>, or through <strong>the</strong> site.(3) Area. The area <strong>of</strong> <strong>the</strong> sign shall not exceed sixteen (16) square feet.(4) Height. The height <strong>of</strong> <strong>the</strong> sign, including <strong>the</strong> pole or base, shall not exceed six (6) feetfrom grade to <strong>the</strong> top <strong>of</strong> <strong>the</strong> sign. (#1438)12.90.030.F Menu/Order Board Signs.<strong>of</strong> Section 12.90.025.E. (#1438)Menu/order board signs shall comply with <strong>the</strong> provisions12.90.035 Motor Vehicle Fuel/Service Station Signs.01/10 Page 181 <strong>of</strong> 230
12.90.035.A Freestanding Motor Vehicle Fuel/Service Station Signs(1) Number.(a) Motor Vehicle Fuel Sign - In addition to <strong>the</strong> freestanding sign permitted by Section12.90.025.B each use dispensing any motor vehicle fuel at retail to <strong>the</strong> generalpublic shall be permitted to erect and maintain one (1) freestanding service stationprice sign for <strong>the</strong> primary purpose <strong>of</strong> advertising motor vehicle fuel prices. Thesign shall comply with <strong>the</strong> provisions <strong>of</strong> Business and Pr<strong>of</strong>essions Code Section13531 regarding display requirements.(2) Location.(a) Signs shall not be erected or maintained any closer than three (3) feet to anybuilding; and(b) Any motor vehicle fuel price sign shall maintain a setback, measured from that part<strong>of</strong> <strong>the</strong> sign that is closest to <strong>the</strong> nearest property line <strong>of</strong> <strong>the</strong> parcel or lot on whichit is placed, equal to at least one-half (½) <strong>the</strong> height <strong>of</strong> <strong>the</strong> sign.(3) Height and Design.The maximum height for any motor vehicle fuel price sign shall be fifteen (15) feet,including <strong>the</strong> base. The base shall be constructed <strong>of</strong> materials which match <strong>the</strong>exterior materials utilized on <strong>the</strong> main building.(4) Area(a) Motor Vehicle Fuel Price Sign - The maximum area <strong>of</strong> any motor vehicle fuelprice sign, excluding <strong>the</strong> base or embellishments shall be one hundred (100)square feet; <strong>the</strong> maximum area <strong>of</strong> <strong>the</strong> sign including <strong>the</strong> base and/orembellishments shall be one hundred fifty (150) square feet.(1) Motor Vehicle Fuel Price Signs may consist <strong>of</strong> Programmable ElectronicSigns. Use <strong>of</strong> said signs shall be limited to <strong>the</strong> portion <strong>of</strong> any signstructure devoted exclusively to display <strong>of</strong> motor vehicle fuel priceinformation required or permitted by Division 5, Chapter 14, Article 12 <strong>of</strong><strong>the</strong> California Business and Pr<strong>of</strong>essions Code (Section 13530, et seq.).(2) Sign displays shall remain static and may not change more than once inone (1) twelve hour period. (#1438)12.90.035.B Wall Signs Permitted.(1) Except as permitted below, <strong>the</strong> provisions for motor vehicle fuel and service stationwall signs shall comply with <strong>the</strong> requirements specified in Section 12.90.025.C (wallsign criteria for individual uses).(2) Motor Vehicle Fuel and Service Station Canopy Signs(a) Due to <strong>the</strong> potential for multiple buildings within a motor vehicle fuel and servicestation project, additional wall signs (beyond those granted in this Section for <strong>the</strong>station building(s)) may be permitted for installation upon <strong>the</strong> fuel canopy <strong>of</strong> <strong>the</strong>station.(b) In addition to <strong>the</strong> permitted number <strong>of</strong> wall signs per Section 12.90.025.C <strong>the</strong>total number <strong>of</strong> additional wall signs upon <strong>the</strong> fuel canopy shall not exceed four(4). The use <strong>of</strong> corporate logos or symbols shall count towards this figure.(c) The combined area permitted for all wall signs, including <strong>the</strong> wall signs locatedupon <strong>the</strong> fuel canopy, shall not exceed two hundred (200) square feet. (#1438)01/10 Page 182 <strong>of</strong> 230
12.90.035.C Canopy Signs. Additional signs advertising <strong>the</strong> price <strong>of</strong> each grade <strong>of</strong> gasoline may beplaced on each gasoline pump or beneath any canopy which is over <strong>the</strong> gasoline pumps. (#1438)12.90.040 Subdivision Signs.12.90.040.A Purpose. Many new residential subdivisions are located some distance away from <strong>the</strong>major vehicular entrances to <strong>the</strong> <strong>County</strong>, and <strong>the</strong> public requires additional <strong>of</strong>f-site direction to <strong>the</strong>subdivisions. It is <strong>the</strong> intent <strong>of</strong> this article to provide such direction by allowing a uniform type <strong>of</strong>signage for that purpose and to allow identification upon arriving at <strong>the</strong> subdivision. (#1438)12.90.040.B Off-Premise Subdivision Sign Regulations.(1) Number.(a) No more than two (2) signs are allowed per intersection area.(2) Location.(a) Freestanding signs shall maintain a setback, measured from <strong>the</strong> part <strong>of</strong> <strong>the</strong> signthat is closest to <strong>the</strong> nearest property line <strong>of</strong> <strong>the</strong> parcel or lot on which it is placed,equal to at least one-half (1/2) <strong>the</strong> height <strong>of</strong> <strong>the</strong> sign;(b) Freestanding signs shall be located outside <strong>the</strong> clear vision triangle;(c) Off-Premise subdivision signs shall be located only on property with writtenpermission from property owner;(d) Within five hundred (500) feet <strong>of</strong> an intersection (measured at centerline);and(e) Signs at o<strong>the</strong>r locations may be approved as part <strong>of</strong> an Area Plan or Planned SignPermit Program.(3) Area.The maximum display area shall be:(a) Sixteen feet by eight feet (16'X 8') for <strong>the</strong> entire sign (excluding base orarchitectural embellishments); and(4) Height and Width.Off-Premise subdivision signs shall not exceed:(a) Fifteen (15') feet in height; and(b) Sixteen (16') feet in width.(5) Design.Off-site subdivision signs shall be freestanding and contain not more than two (2)advertising sides. They shall conform to <strong>the</strong> plan area sign guidelines for <strong>the</strong> area or,if <strong>the</strong>re are no applicable guidelines, <strong>the</strong>y shall conform to <strong>the</strong> following design:(a) Copy relating to specific subdivisions is limited to <strong>the</strong> subdivision name, alogo, and a directional arrow or directions to <strong>the</strong> subdivision; and(b) Any deviation from this design or <strong>the</strong> design established in <strong>the</strong> specific plansign guidelines shall be reviewed as a Planned Sign Permit Program by <strong>the</strong>Staff Development Committee/ Zoning Administrator (SDC/ZA) or PlumasLake Specific Plan Design Review Committee (PLSP-DRC) if located within<strong>the</strong> PLSP.(6) Erection and Removal.(a) No <strong>of</strong>f-site subdivision sign shall be erected until at least one (1) subdivision01/10 Page 183 <strong>of</strong> 230
is advertised on <strong>the</strong> sign;(b) A subdivision name may not be advertised on <strong>the</strong> sign before ei<strong>the</strong>r a buildingpermit or a public report by <strong>the</strong> department <strong>of</strong> real estate has been issued for <strong>the</strong>subdivision;(c) A subdivision name shall be removed from <strong>the</strong> sign within thirty (30) days ifno model homes or lots are available for viewing or sale; and(d) The <strong>of</strong>f-site subdivision signs shall be removed if no subdivision name hasbeen advertised on it for a period <strong>of</strong> ninety (90) days.(7) O<strong>the</strong>r types <strong>of</strong> subdivision advertising signage, such as ladder signs and model homecomplexes, may be approved as part <strong>of</strong> a plan area or Planned Sign Permit Program. (#1438)12.90.040.C On-Site Subdivision Signs.(1) Number.(a) No more than two (2) freestanding signs are permitted for each subdivisionentrance; or(b) No more than two (2) walls signs are permitted; and(c) No more than two (2 logo signs are permitted. Provided however, that 1) no morethan a total <strong>of</strong> four (4) signs, as identified above, are permitted at eachsubdivision entrance; and 2) no on-site subdivision signs shall be permitted for anentrance from ano<strong>the</strong>r subdivision.(2) Location.(a) Free standing subdivision sign(s) shall:(1) Be located at <strong>the</strong> entrance to <strong>the</strong> subdivision on ei<strong>the</strong>r one or both sides <strong>of</strong> <strong>the</strong>subdivision entrance or within <strong>the</strong> landscape median (one sign) at <strong>the</strong>subdivision entrance.(2) Be located outside <strong>the</strong> clear vision triangle; and(3) Maintain a setback, measure from <strong>the</strong> part <strong>of</strong> <strong>the</strong> sign that is closest to <strong>the</strong>nearest property line <strong>of</strong> <strong>the</strong> parcel or lot on which it is placed, equal to at leastone-half (1/2) <strong>the</strong> height <strong>of</strong> <strong>the</strong> sign.(b) Wall signs may be mounted on an entry wall or sound wall on one or both sides <strong>of</strong><strong>the</strong> entrance road to <strong>the</strong> subdivision.(c) Logo signs may be mounted on an entry wall or sound wall (including pilasters) onone or both sides <strong>of</strong> <strong>the</strong> entrance road to <strong>the</strong> subdivision.(3) Area.(a) The maximum area <strong>of</strong> each freestanding sign shall be thirty-two (32) square feet.(b) The maximum area <strong>of</strong> each wall sign shall be thirty-two (32) square feet.(c) The maximum area <strong>of</strong> each logo sign shall be four (4) square feet.(4) Height.(a) The maximum height <strong>of</strong> a sign shall be six (6) feet.(5) Design(a) On-site subdivision signs shall be used as community identification and shall nothave <strong>the</strong> community builders name or logo located on any signs. (#1438)12.90.040.D Multifamily Residential Projects. The following provisions shall apply to multifamilyresidential projects:01/10 Page 184 <strong>of</strong> 230
(1) Number. The following signs are permitted:(a)One freestanding sign:(b)One wall sign; and(c)One directory sign per primary entrance.(2) Location.(a)Freestanding signs shall be located outside <strong>the</strong> clear vision triangle;(b)Freestanding signs shall not be erected or maintained any closer thanthree (3) feet to any building;(c)Freestanding signs shall maintain a setback, measured from <strong>the</strong> part<strong>of</strong> <strong>the</strong> sign that is closest to <strong>the</strong> nearest property line <strong>of</strong> <strong>the</strong> parcel or lot on whichit is placed, equal to at least one-half <strong>the</strong> height <strong>of</strong> <strong>the</strong> sign; and(d)Wall signs shall comply with <strong>the</strong> provisions <strong>of</strong> Section 12.90.025.C.(3) Area.(a) The maximum area <strong>of</strong> each freestanding sign or sign mounted on a fence or soundwall shall be thirty two (32) square feet; and(b) The maximum total area for <strong>the</strong> wall sign shall be forty (40) square feet.(4) Height.(a) The maximum height <strong>of</strong> a freestanding sign shall be six (6) feet; and(b) The maximum height <strong>of</strong> a sign mounted on a fence or sound wall shall be six(6) feet including <strong>the</strong> height <strong>of</strong> <strong>the</strong> fence or sound wall. (#1438)12.90.045 Prohibited Uses: The following signs are expressly prohibited:(1) Any sign preventing free egress from or ingress to any door, window, fire escape or parkingarea.(2) Any sign in a public right-<strong>of</strong>-way or blocking site distance (clear vision triangle), exceptprovided in Section 12.90.040.C(2)(a).(3) Any sign which simulates or imitates in style, color, lettering or design any traffic sign or signalor which makes use <strong>of</strong> works, symbols or characters in such a manner to interfere with, mislead orconfuse pedestrian and/or vehicular traffic.(4) Signs attached to or placed adjacent to any utility pole (snipe sign), parking meter, traffic signpost, traffic signal or any o<strong>the</strong>r <strong>of</strong>ficial traffic control device, as prohibited by California VehicleCode Section 21464.(5) Abandoned signs as defined in Subsection 12.90.020(1).(6) Signs consisting <strong>of</strong> any moving, inflatable, flying, rotating, flashing or o<strong>the</strong>rwise animated lightor component, except for programmable electronic signs defined in Section 12.90.025.F and barberpoles.(7) Any temporary advertising display except as defined in Subsection 12.90.020(48) constructed <strong>of</strong>cloth, canvas, fabric, paper, plywood, or o<strong>the</strong>r light material and is intended to be displayed for a shortperiod <strong>of</strong> time. Included in this category are retailers'free standing signs and sandwich boards(including A-Frames) displayed for <strong>the</strong> purposes <strong>of</strong> informing <strong>the</strong> public <strong>of</strong> a sale or "special" <strong>of</strong>fer.01/10 Page 185 <strong>of</strong> 230
(8) Ro<strong>of</strong> signs or any signs extending above <strong>the</strong> ro<strong>of</strong> or eye line, except those signs mounted on <strong>the</strong>face <strong>of</strong> a mansard ro<strong>of</strong>. (#1027)(9) Sandwich board or A-Frame signs. (#1438)12.90.050 Building Permit Required: No person shall erect, alter, repair, or relocate any signwithout first obtaining a building permit for such work from <strong>the</strong> Building Official <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong><strong>Yuba</strong> except where exempt pursuant to Section 12.90.055. No permit shall be issued until <strong>the</strong>Planning and Building Departments determine that such work is in accordance with <strong>the</strong> requirementscontained in this Ordinance and that such work will not violate <strong>the</strong> building or electrical codes <strong>of</strong> <strong>the</strong><strong>County</strong> <strong>of</strong> <strong>Yuba</strong>. Except as o<strong>the</strong>rwise provided, permits required by this Ordinance will be issuedpursuant to <strong>the</strong> same terms and according to <strong>the</strong> same fee schedule as all o<strong>the</strong>r building permits.(#1438)12.90.055 Exemptions: The following should not require a sign permit. These exemptions shallnot be construed as relieving <strong>the</strong> owner <strong>of</strong> <strong>the</strong> sign from <strong>the</strong> responsibility <strong>of</strong> its erection andmaintenance, and its compliance with <strong>the</strong> provisions <strong>of</strong> this ordinance or any o<strong>the</strong>r law or ordinanceregulating same.(1) The changing <strong>of</strong> <strong>the</strong> advertising copy or message <strong>of</strong> a painted, plastic face or printed sign only.Except for signs specifically designed for <strong>the</strong> use <strong>of</strong> <strong>the</strong> replacement copy, electric signs shall not beincluded in this exception.(2) The electrical, repainting or cleaning maintenance <strong>of</strong> a sign.(3) Temporary signs consistent with Section 12.90.020 (48).(4) Official flags, emblems and historical markers. This exemption does not apply to flags orpennants bearing corporate emblems, logos, or copy unless flown on <strong>the</strong> same staff with <strong>the</strong> flag <strong>of</strong> <strong>the</strong>United States or <strong>the</strong> State <strong>of</strong> California. Flags not within this exemption are deemed freestandingsigns.(5) Residential identification signs specifying <strong>the</strong> name and house number <strong>of</strong> <strong>the</strong> resident.(6) On-site directional signs.(7) Home occupation signs. Permitted home occupations are allowed one wall sign not to exceedfour (4) square feet in area and six (6) feet in height.(8) Public signs. (#1027, #1438)12.90.060 Building Code Compliance. The construction and erection <strong>of</strong> all signs shall be inaccordance with <strong>the</strong> building code adopted by <strong>the</strong> Board <strong>of</strong> Supervisors <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, and<strong>the</strong> following:(1) When lighted, all internal or external lighted signs shall be illuminated by non-pulsating,continuous, stationary, shielded light and source.(2) External lighting must be screened or shielded to preclude light spill onto adjacent propertiesand roadways. (#1027, #1438)01/10 Page 186 <strong>of</strong> 230
12.90.065 Nonconforming Existing Signs: Every nonconforming sign lawfully in existence at <strong>the</strong>time <strong>of</strong> <strong>the</strong> adoption <strong>of</strong> this ordinance except as specified in Section 12.90.022(2) and 12.90.070 maycontinue and shall not be modified, altered (outside <strong>of</strong> change <strong>of</strong> copy), moved, or replaced unless it ismade to comply with <strong>the</strong> provisions <strong>of</strong> this Chapter. (#1027, #1097, 1438)12.90.070 Sign Maintenance: Every sign displayed within <strong>the</strong> <strong>County</strong>, including but not limited tothose signs for which permits are or are not required, shall be maintained in good physical condition.All signs, toge<strong>the</strong>r with supports, braces, anchors, and electrical components, shall be kept in a safe,presentable condition. All defective or broken parts shall be replaced. Exposed surfaces shall be keptclean, in good repair, and painted where paint is required. The Planning Department Director mayorder <strong>the</strong> repair or removal <strong>of</strong> any sign determined by <strong>the</strong> <strong>County</strong> to be unsafe, defective, damaged, orsubstantially deteriorated. The Planning Director may declare a sign abandoned if, after ninety (90)days written notice to <strong>the</strong> permit holder, <strong>the</strong> permit holder has failed or refused to maintain <strong>the</strong> sign.Upon such declaration, <strong>the</strong> sign may be considered abandoned and abated as provided in Section12.90.020 (1). (#1438)12.90.075 Removal <strong>of</strong> Illegal Nonconforming Signs: Any <strong>of</strong> <strong>the</strong> following nonconforming signsas described below are declared to be public nuisances and may be removed by <strong>the</strong> Planning orBuilding Director or his designated representative in accordance with <strong>the</strong> abatement proceduredescribed in Chapter 7.36 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance.(1) Abandoned signs (over 90 days).(2) Destroyed signs (over 50% and <strong>the</strong> destruction is o<strong>the</strong>r than facial copy replacement).(3) Flashing, rotating, or flying signs.(4) Nonconforming temporary signs.(5) Unsafe signs or any sign that is a traffic hazard.(6) Any sign installed after March 26, 1985 without a building permit which sign required abuilding permit at <strong>the</strong> time <strong>of</strong> its installation.(7) Any sign that is prohibited per Section 12.90.045. (#1027, #1438)12.90.080 Enforcement. Enforcement <strong>of</strong> <strong>the</strong> provisions <strong>of</strong> this ordinance shall be <strong>the</strong> responsibility<strong>of</strong> <strong>the</strong> Planning Director (Director) or her designated representative. (#1027, #1438)12.90.085 Compliance with State and Federal Regulations. No sign shall be allowed to conflictwith state or federal standards for regulation <strong>of</strong> signs along state or interstate highway. (#1027,#1438)12.90.087 Planned Sign Permit Program (PSPP)12.90.087.A A Planned Sign Permit Program (PSPP) is required for:(1) Off-site subdivision signs not in conformance with Section 12.90.040(2) Plan area (i.e. specific plan, community plan, area plan) signs not in conformance with <strong>the</strong>criteria <strong>of</strong> this <strong>Title</strong>.(3) Modification <strong>of</strong> an existing Planned Sign Permit Program01/10 Page 187 <strong>of</strong> 230
If <strong>the</strong> provisions <strong>of</strong> an approved Planned Sign Permit Program conflict with o<strong>the</strong>r provisions<strong>of</strong> this <strong>Title</strong>, <strong>the</strong> Planned Sign Permit Program shall control. (#1438)12.90.087B Filing <strong>of</strong> a Planned Sign Permit Program (PSPP) Application.(1) Application for a PSPP shall be filed with <strong>the</strong> Planning Department upon formsprovided for that purpose. The application shall be accompanied by a fee asestablished by Board <strong>of</strong> Supervisors.(2) The application shall include:(a)Name, address, and telephone number <strong>of</strong> <strong>the</strong> owner(s) <strong>of</strong> <strong>the</strong>property(s) upon which <strong>the</strong> sign(s) are to be placed and <strong>the</strong> owner’s signedconsent to <strong>the</strong> application(b)Three copies <strong>of</strong> a site plan for <strong>the</strong> property(S) upon which <strong>the</strong> sign(s)is to be located depicting <strong>the</strong> location <strong>of</strong> existing building(s) and existing andproposed freestanding sign(s);(c)Three copies <strong>of</strong> a sign plan depicting <strong>the</strong> sign(s) includingdimensions, colors, materials, and type <strong>of</strong> illumination;(d)A detailed statement <strong>of</strong> criteria for <strong>the</strong> proposed signs, including, butnot limited to, number, type, location, size, height, materials, letter style, colors,and illumination;(e)(f)A description <strong>of</strong> <strong>the</strong> property to be governed by <strong>the</strong> PSPP; and,Any additional information or materials necessary for processing andreview <strong>of</strong> <strong>the</strong> application as deemed necessary by <strong>the</strong> Planning Director.Additional copies <strong>of</strong> <strong>the</strong> above listed information may be required prior to apublic hearing. (#1438)12.90.087.C Approval Criteria. The Staff Development Committee/Zoning Administrator shallapprove, conditionally approve, or deny <strong>the</strong> PSPP application. The Staff DevelopmentCommittee/Zoning Administrator shall not approve <strong>the</strong> PSPP unless <strong>the</strong> following findings are made:(1) The PSPP is consistent with <strong>the</strong> provisions and intent <strong>of</strong> this <strong>Title</strong>;(2) The granting <strong>of</strong> <strong>the</strong> application will not materially and adversely affect <strong>the</strong> health,safety, or welfare <strong>of</strong> persons in <strong>the</strong> neighborhood, nor be materially detrimental orinjurious to property or improvements in <strong>the</strong> neighborhood;(3) The PSPP is consistent with <strong>the</strong> adoption <strong>of</strong> plan area (specific, community, areaplan) guidelines for <strong>the</strong> plan or o<strong>the</strong>r applicable regulation in which it is located, ifapplicable. (#1438)12.90.087.D Notice <strong>of</strong> PSPP Action. Within five (5) working days <strong>of</strong> <strong>the</strong> date <strong>of</strong> <strong>the</strong> public hearingdecision, <strong>the</strong> Zoning Administrator or her designee shall notify <strong>the</strong> applicant in writing <strong>of</strong> <strong>the</strong> outcome<strong>of</strong> <strong>the</strong> Staff Development Committee/Zoning Administrator’s decision including any conditions <strong>of</strong>approval. (#1438)12.90.087.E Effect <strong>of</strong> PSPP. Upon approval <strong>of</strong> a PSPP, all future signs erected in <strong>the</strong> area governedby <strong>the</strong> PSPP shall conform to <strong>the</strong> PSPP, and no sign permits shall be issued for signs not inconformance with <strong>the</strong> criteria <strong>of</strong> <strong>the</strong> PSPP. Relief from <strong>the</strong> provisions or criteria <strong>of</strong> a PSPP may begranted only with <strong>the</strong> approval <strong>of</strong> a new PSPP. (#1438)12.90.087 Sign Permits within a PSPP.01/10 Page 188 <strong>of</strong> 230
(1) Any person wishing to erect or maintain a sign within any area governed by a PSPP shallapply for a sign permit as provided in 12.90.050; and,(2) The Planning Director or her designee shall deny any application not in conformance with<strong>the</strong> criteria <strong>of</strong> an applicable PSPP. (#1438)12.90.090 Variance.12.90.090.A Variance. Where practical difficulties, unnecessary hardships, or physical restrictionson <strong>the</strong> land or buildings not generally shared by o<strong>the</strong>r properties result from <strong>the</strong> strict application <strong>of</strong><strong>the</strong> requirements <strong>of</strong> this <strong>Title</strong>, variances from such requirements may be granted by <strong>the</strong> StaffDevelopment Committee/Zoning Administrator pursuant to this chapter. Provided, however, that novariance from <strong>the</strong> provisions <strong>of</strong> Chapter 12.90.45 is permitted. (#1438)12.90.90.B Filing <strong>of</strong> a Variance Application.(1) Application for a sign variance shall be filed with <strong>the</strong> Planning Department uponforms provided for that purpose. The application shall be accompanied by a fee asestablished by Board <strong>of</strong> Supervisors.(2) The application shall include:(a)A description <strong>of</strong> <strong>the</strong> variance and a justification for <strong>the</strong> requestincluding specific facts to support <strong>the</strong> findings set forth in Section 12.90.90.C;and(b)Any additional information or materials necessary for processing andreview <strong>of</strong> <strong>the</strong> application as deemed necessary by <strong>the</strong> Planning Director. (#1438)12.90.90.C Approval Criteria. The Staff Development Committee/Zoning Administrator shallapprove, conditionally approve, or deny <strong>the</strong> variance application. The Staff DevelopmentCommittee/Zoning Administrator shall not approve <strong>the</strong> variance unless <strong>the</strong> following findings aremade:(1) That <strong>the</strong>re are exceptional or extraordinary circumstances or conditions applying to<strong>the</strong> land, buildings or signs involved which do not generally apply to o<strong>the</strong>r land,buildings or signs in <strong>the</strong> neighborhood.(2) That <strong>the</strong> granting <strong>of</strong> <strong>the</strong> application is necessary for <strong>the</strong> preservation and enjoyment <strong>of</strong>substantial property rights <strong>of</strong> <strong>the</strong> applicant.(3) That <strong>the</strong> granting <strong>of</strong> <strong>the</strong> application will not materially and adversely affect <strong>the</strong> health,safety, or welfare <strong>of</strong> persons in <strong>the</strong> neighborhood, nor be materially detrimental orinjurious to property or improvements in <strong>the</strong> neighborhood.(#1438)12.90.90.D Notice <strong>of</strong> Variance Action. Within five (5) working days <strong>of</strong> <strong>the</strong> date <strong>of</strong> <strong>the</strong> publichearing decision, <strong>the</strong> Zoning Administrator or her designee shall notify <strong>the</strong> applicant in writing <strong>of</strong> <strong>the</strong>outcome <strong>of</strong> <strong>the</strong> Staff Development Committee/Zoning Administrator’s decision including anyconditions <strong>of</strong> approval. (#1438)12.90.095 Appeal to <strong>the</strong> Planning Commission:A. Any aggrieved person adversely affected by a formal decision <strong>of</strong> <strong>the</strong> Zoning Administrator may,within ten (10) days after <strong>the</strong> action, file an appeal in writing with <strong>the</strong> Secretary <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong>Planning Commission along with payment <strong>of</strong> <strong>the</strong> appeal processing fee listed in Chapter 13.02 <strong>of</strong> <strong>the</strong><strong>Yuba</strong> <strong>County</strong> Ordinance Code. The basis <strong>of</strong> <strong>the</strong> appeal shall be described in detail including <strong>the</strong>01/10 Page 189 <strong>of</strong> 230
specific action which is being appealed and <strong>the</strong> alleged reason for that action being in error.B. Upon <strong>the</strong> filing <strong>of</strong> an appeal, <strong>the</strong> Secretary <strong>of</strong> <strong>the</strong> appeal board shall set a hearing date withinthirty (30) days from <strong>the</strong> date <strong>of</strong> filing <strong>the</strong> appeal. The appellant and <strong>the</strong> applicant shall be notified <strong>of</strong><strong>the</strong> hearing at least ten (10) days in advance <strong>of</strong> <strong>the</strong> date set for <strong>the</strong> hearing. (#1027 as amended by#1097, #1438)12.90.100 Decision. Within ten (10) days following <strong>the</strong> conclusion <strong>of</strong> <strong>the</strong> hearing, <strong>the</strong> PlanningCommission shall render its decision on <strong>the</strong> appeal and shall mail a notice forthwith <strong>of</strong> this decision to<strong>the</strong> persons who were given notice <strong>of</strong> <strong>the</strong> hearing. (#1027, #1438)12.90.105 Appeal to <strong>the</strong> Board <strong>of</strong> Supervisors. Any interested person adversely affected by <strong>the</strong>decision <strong>of</strong> <strong>the</strong> Planning Commission may, within ten (10) days after <strong>the</strong> action, file an appeal inwriting with <strong>the</strong> Clerk <strong>of</strong> <strong>the</strong> Board <strong>of</strong> Supervisors along with payment <strong>of</strong> <strong>the</strong> appeal processing feelisted in Chapter 13.02 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. Upon <strong>the</strong> filing <strong>of</strong> an appeal, <strong>the</strong> Clerkshall set a hearing date within thirty (30) days after <strong>the</strong> date <strong>of</strong> filing <strong>of</strong> <strong>the</strong> appeal. At least ten (10)days notice <strong>of</strong> <strong>the</strong> hearing shall be given by mail, to <strong>the</strong> appellant and <strong>the</strong> applicant. (#1027 asamended by #1097, #1438)12.90.110 Decision. Within ten (10) days following <strong>the</strong> conclusion <strong>of</strong> <strong>the</strong> hearing <strong>the</strong> Board <strong>of</strong>Supervisors shall render its decision on <strong>the</strong> appeal in compliance with <strong>the</strong> provisions <strong>of</strong> this ordinancerelating to approval and disapproval <strong>of</strong> signs. The decision shall include any findings required under<strong>the</strong> law <strong>of</strong> <strong>the</strong> State <strong>of</strong> California. Notice <strong>of</strong> <strong>the</strong> Board's decision shall be mailed forthwith to <strong>the</strong>interested parties. (#1027, #1438)01/10 Page 190 <strong>of</strong> 230
CHAPTER 12.95HOME OCCUPATIONSSections12.95.010 Home Occupations_________________________________________________12.95.010 Home Occupations: Home Occupations may be permitted in <strong>the</strong> AE, A/RR, PR, RRE, R-1,R-2, R-3 and RPZ zones providing <strong>the</strong> following standards are being met:(1) No person o<strong>the</strong>r than members <strong>of</strong> <strong>the</strong> family residing on <strong>the</strong> premises shall be engaged in suchoccupation.(2) Not more than twenty-five percent (25%) <strong>of</strong> <strong>the</strong> floor area <strong>of</strong> <strong>the</strong> dwelling unit shall be used in <strong>the</strong>conduct <strong>of</strong> <strong>the</strong> home occupation.(3) No building or space outside <strong>of</strong> <strong>the</strong> dwelling unit shall be used for home occupation purposes exceptfor agricultural uses.(4) In no way shall <strong>the</strong> appearance <strong>of</strong> <strong>the</strong> structure be so altered or <strong>the</strong> conduct <strong>of</strong> <strong>the</strong> occupation within<strong>the</strong> structure be such that <strong>the</strong> structure may be reasonably recognized as serving a nonresidential use.(5) No equipment or process shall be used in such home occupation which creates noise, vibration,glare, fumes, odors, or electrical interference detectable to <strong>the</strong> normal senses <strong>of</strong>f <strong>the</strong> lot if <strong>the</strong> occupationis conducted in a single family residence or outside <strong>the</strong> dwelling unit if conducted in o<strong>the</strong>r than a singlefamily residence. In <strong>the</strong> case <strong>of</strong> electrical interference, no equipment or process shall be used whichcreates visual or audible interference in any radio or television receivers <strong>of</strong>f <strong>the</strong> premises, or causefluctuations in <strong>the</strong> line voltage <strong>of</strong>f <strong>the</strong> premises.(6) The home occupation shall not generate pedestrian or vehicular traffic in excess <strong>of</strong> <strong>the</strong> customarilyassociated with <strong>the</strong> zone in which <strong>the</strong> use is located.(7) All maintenance or service vehicles and equipment, or any vehicle bearing any advertisement relatedto <strong>the</strong> home occupation or any o<strong>the</strong>r similar vehicle shall be garaged or stored entirely within a buildingor structure. Such vehicle shall not have more than two axles.(8) There shall be no use <strong>of</strong> utilities or community facilities beyond that normal to <strong>the</strong> use <strong>of</strong> <strong>the</strong>property for residential or agricultural purposes as defined in <strong>the</strong> district.(9) There shall be complete conformity with Fire, Building, Plumbing, Electrical and Health Codes andto all Federal, State and <strong>County</strong> laws or ordinances. (#906 as amended by #1103)01/10 Page 191 <strong>of</strong> 230
CHAPTER 12.100PLANNED MOBILEHOME PARKSSections12.100.010 Purpose12.100.020 Definitions12.100.030 Required Permit12.100.040 Expiration and Revocation <strong>of</strong> Conditional Use Permits12.100.050 Enforcement__________________________________________________12.100.010 Purpose. The purpose <strong>of</strong> this Chapter is to promote <strong>the</strong> available housing opportunities for<strong>the</strong> present and future residents <strong>of</strong> <strong>Yuba</strong> <strong>County</strong> by <strong>the</strong> establishment <strong>of</strong> policies and developmentstandards for <strong>the</strong> Planned Mobilehome Parks. The development standards for <strong>the</strong> Planned MobilehomeParks will fur<strong>the</strong>r encourage <strong>the</strong> creation <strong>of</strong> stable, attractive, residential environments within <strong>the</strong>individual mobilehome parks. (#906)12.100.020 Definitions. For <strong>the</strong> purpose <strong>of</strong> this Chapter, <strong>the</strong> following words and phrases shall have<strong>the</strong> following meanings:(1) Lease. An oral or written contract for <strong>the</strong> use, possession, and occupation <strong>of</strong> property.(2) Mobilehome. A structure transportable in one or more sections, designed and equipped to containnot more than two dwelling units to be used with or without a foundation system. Mobilehome does notinclude a recreational vehicle, commercial coach, or factory-built housing, as defined in <strong>the</strong> Health andSafety Code.(3) Mobilehome Accessory Building or Structure. Any awning, portable, demountable, or permanentcabana, storage cabinet, carport, fence, windbreak, or porch established for <strong>the</strong> use <strong>of</strong> <strong>the</strong> occupant <strong>of</strong> <strong>the</strong>mobilehome.(4) Mobilehome Park. An area or tract <strong>of</strong> land where three or more mobilehome lots are rented or leasedor held out for rent or lease to accommodate mobilehomes used for human habitation. The rental paidfor any such mobilehome shall be deemed to include rental for <strong>the</strong> lot it occupies.(5) Mobilehome Site. Any portion <strong>of</strong> a trailer park or mobilehome park designed for <strong>the</strong> use oroccupancy <strong>of</strong> one trailer coach or mobilehome.(6) Rent. Money or o<strong>the</strong>r consideration given for <strong>the</strong> right <strong>of</strong> use, possession, and occupation <strong>of</strong>property.(7) Travel Trailer. A vehicle o<strong>the</strong>r than a motor vehicle, which is designed or used for human habitationand which may be moved upon a public highway without a special permit or chauffeur’s license or both,without violating any provisions <strong>of</strong> <strong>the</strong> Vehicle Code. (#906)12.100.030 Required Permit. Planned Mobilehome Parks may be permitted in <strong>the</strong> “A/RR”, “R-2”,and “R-3” Zone only if a Conditional Use Permit has first been secured with <strong>the</strong> following developmentstandards:01/10 Page 192 <strong>of</strong> 230
(1) Mobilehome Site Requirements. Each mobile home site shall be plainly marked andnumbered for identification and shall meet all requirements <strong>of</strong> this Chapter.(2) Mobilehome Site Area. The mobilehome sites in a mobilehome park shall average 3,000square feet in area, but no site shall be smaller than 2,700 square feet.(3) Mobilehome Site Width. Each mobilehome site designed for a single width mobilehome shallbe an average width <strong>of</strong> 42 feet. Sites designed for mobilehomes <strong>of</strong> double width or larger shall be anaverage width <strong>of</strong> 30 feet plus <strong>the</strong> width <strong>of</strong> <strong>the</strong> mobilehome, unless it can be shown that adequate spacefor a patio, parking, and side yard(s) will be assured, despite a site <strong>of</strong> lesser width.(4) Front Yard. Each mobilehome site shall have a front yard <strong>of</strong> not less than five (5) feet. Thefront yard so required shall not be used for vehicle parking, except such portion <strong>the</strong>re<strong>of</strong> as is devoted todriveway use.(5) Side Yard, Corner Sites. One corner sites, <strong>the</strong> side yard adjoining <strong>the</strong> mobilehome park streetshall not be less than five (5) feet.(6) Side Yards, Interior. Each mobilehome site shall have a side yard on each side <strong>of</strong> not less thanfive (5) feet, or one side yard <strong>of</strong> not less than ten (10) feet.(7) Side Yard, Driveway. When used for access <strong>of</strong> a parking facility, a side yard shall be wideenough for a ten (10) foot wide unobstructed driveway. All such side yard driveways shall be paved withconcrete or asphaltic concrete except in <strong>the</strong> “RR” zone.(8) Rear Yard. Each mobilehome site shall have a rear yard <strong>of</strong> not less than five (5) feet in depth.yard:(9) Projection Into Yard. The following structures may be erected or projected into any required(a) Eaves, stairways and awnings not to exceed one (1) foot.(b) Landscape elements including trees, shrubs, and o<strong>the</strong>r plants, except hedges, providedthat such landscape feature does not hinder <strong>the</strong> movement <strong>of</strong> <strong>the</strong> mobilehome in or out <strong>of</strong> itsspace.(c) Mobilehome hitches.(d) Necessary appurtenances for utility services.(10) Distance between Mobilehomes or Accessory Structures. No portion <strong>of</strong> a mobile home orattached accessory structure shall be closer than ten (10) feet to ano<strong>the</strong>r mobilehome or attachedaccessory structure.(11) Minimum Size for Mobilehomes. No mobilehome which is less than ten (10) feet wide orwhich has a floor bed <strong>of</strong> less than 370 square feet may be parked or located on a mobilehome site in amobilehome park established pursuant to a Conditional Use Permit issued under <strong>the</strong> provisions <strong>of</strong> thisChapter.(12) Mobilehome Site Coverage. The mobilehome and accessory structures shall not cover morethan 75 percent <strong>of</strong> <strong>the</strong> mobilehome site.01/10 Page 193 <strong>of</strong> 230
(13) Population Density. Not more than one single-family mobilehome may be placed on amobilehome site.(14) Off-Street Parking.(a) Each mobilehome site shall have a paved space (except in “A/RR” Zone) suitable forproviding automobile shelter with space for at least two automobiles for each mobilehome (Tandemparking is allowed.)(b) Recreation and laundry areas shall have sufficient parking facilities to accommodate oneautomobile for every ten (10) mobilehome sites.(15) Signs.(a) Each mobilehome park shall have a bulletin board for listing each mobilehome site and<strong>the</strong> name <strong>of</strong> <strong>the</strong> occupant <strong>the</strong>re<strong>of</strong>. The bulletin board shall be located outside <strong>the</strong> <strong>of</strong>fice and it shall belighted at night.(b) Adequate signs and markings indicating directions, parking areas, recreation areas, andstreet names shall be established and maintained in <strong>the</strong> mobilehome park. Such signs shall not exceedsix (6) square feet in area.(c) Signs or name plates not exceeding two (2) square feet in area and displaying <strong>the</strong> nameand address only <strong>of</strong> <strong>the</strong> occupant <strong>of</strong> <strong>the</strong> mobilehome may be erected at each mobilehome site.(d) Signs which identify or advertise <strong>the</strong> mobilehome park may be erected if approved by <strong>the</strong>Planning Commission on its action on <strong>the</strong> conditional use permit for <strong>the</strong> mobilehome park. Such signsmust be located on <strong>the</strong> premises and shall not be more than 120 square feet in area. They shall not beanimated or illuminated except by indirect, non-flashing light.(16) Landscaping. The following landscaping provisions shall apply to all mobilehome parks:(a) All open areas except driveways, parking areas, walkways, utility areas, improved decks,patios, or porches shall be maintained with landscaping as hereinbefore defined.(b) The trees shall be planted along street frontage as may be required by <strong>the</strong> PlanningCommission upon recommendation <strong>of</strong> <strong>the</strong> Community Development and Services Agency’s PublicWorks Department.(17) Walls and Fences. Walls and fences on individual mobilehome sites shall not exceed tw<strong>of</strong>eet in height. Walls or fences shall be erected around <strong>the</strong> perimeter <strong>of</strong> each mobilehome park as may berequired by <strong>the</strong> Planning Commission. The height, construction, and type <strong>of</strong> material for such perimeterwalls shall be as specified by <strong>the</strong> Planning Commission in <strong>the</strong> Conditional Use Permit.(18) Trash Storage. Containers for trash storage <strong>of</strong> a size, type and quantity approved by <strong>the</strong><strong>County</strong> shall be provided. They shall be placed so as to be concealed from <strong>the</strong> street and easilyaccessible to <strong>the</strong> mobilehome sites.(19) Mobilehome Park Streets. Mobilehome park streets shall be provided in such a pattern as toprovide convenient traffic circulation within <strong>the</strong> mobilehome park. Parking is not permitted. They shallbe built to <strong>the</strong> following standards (except in <strong>the</strong> “A/RR” Zone):01/10 Page 194 <strong>of</strong> 230
(a) All mobilehome park streets shall have a width <strong>of</strong> not less than 30 feet including curbs.(b) There shall be concrete roll curbs on each side <strong>of</strong> <strong>the</strong> streets.(c) The mobilehome park streets shall be paved in accordance to standards established by<strong>the</strong> Community Development and Services Agency’s Public Works Department.(d) Mobilehome park streets shall be lighted in accordance to standards established by <strong>the</strong>Community Development and Services Agency’s Public Works Department.(20) Park and Recreation Areas. A central recreation area shall be established in eachmobilehome park created pursuant to <strong>the</strong> provisions <strong>of</strong> this Chapter. The size <strong>of</strong> such area shall be atleast 200 square feet per mobilehome site. The recreation area may contain community club houses,swimming pools, shuffleboard courts, and similar facilities. The Planning Commission may permitdecentralization <strong>of</strong> <strong>the</strong> recreation facilities in accordance with principles <strong>of</strong> good planning provided that<strong>the</strong> total recreation area meets <strong>the</strong> above stated minimum size.(21) Mobilehome Park Office. Every mobilehome park shall include a permanent building for<strong>of</strong>fice use. Such building may include a single-family dwelling for <strong>the</strong> exclusive use <strong>of</strong> <strong>the</strong> owner ormanager.(22) Laundry Rooms. Every mobilehome park shall have one or more laundry rooms. Laundrydrying lines shall not be permitted on any mobilehome site.(23) Mail Boxes Provided. Each mobilehome site shall be equipped with a receptacle for maildeliveries in accordance with <strong>the</strong> standards prescribed by <strong>the</strong> local residents.(24) Telephones. The mobilehome park shall contain at least one public telephone for <strong>the</strong> use <strong>of</strong><strong>the</strong> park residents.(25) Storage Areas. Areas used for <strong>the</strong> storage <strong>of</strong> travel trailers, boats, and o<strong>the</strong>r such items maybe established in a mobilehome park provided <strong>the</strong>y are adequately screened from public view.(26) Utilities. Except in <strong>the</strong> “A/RR” Zone, all utility distribution facilities serving individualmobilehome sites shall be placed underground. The owner is responsible for complying with <strong>the</strong>requirements <strong>of</strong> this subsection and he shall make <strong>the</strong> necessary arrangements with each <strong>of</strong> <strong>the</strong> servingutilities for <strong>the</strong> installation <strong>of</strong> such facilities. Transformers, terminal boxes, meter cabinets, pedestals,concealed ducts, and o<strong>the</strong>r necessary appurtenant structures may be placed above ground. Water andsewer distribution facilities shall be installed in conformance with specifications <strong>of</strong> <strong>the</strong> Utility Engineer.All mobilehome sites must be served with water, electricity, and a sewer.(27) Transient Mobilehome Sites. Sites reserved for transient mobilehomes shall be sodesignated on <strong>the</strong> plans submitted with <strong>the</strong> application for <strong>the</strong> mobilehome park Conditional Use Permit.The site, yard, and property development standards <strong>of</strong> this part shall fully apply to sites reserved fortransient mobilehomes. Mobilehomes which are smaller than specified in §12.100.030(11) may occupysuch designed transient mobilehome sites for periods up to 90 days.(28) Sale <strong>of</strong> Mobilehomes at Mobilehome Parks.(a) Operation Subject to Conditional Use PermitThe operation <strong>of</strong> a business or occupation ei<strong>the</strong>r full or part-time, for <strong>the</strong> purpose <strong>of</strong>01/10 Page 195 <strong>of</strong> 230
mobilehome sales, shall be allowed on <strong>the</strong> premises <strong>of</strong> any legally established mobilehome park in <strong>the</strong>unincorporated area <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, subject to <strong>the</strong> issuance <strong>of</strong> a Conditional Use Permit.(b) ConditionsSuch Conditional Use Permit shall be subject to any conditions imposed by <strong>the</strong> <strong>County</strong>.(c) RestrictionsIn no event shall <strong>the</strong> holder <strong>of</strong> <strong>the</strong> Conditional Use Permit or any o<strong>the</strong>r person maintain or allowto be maintained on <strong>the</strong> mobilehome park premises for display any mobilehome ei<strong>the</strong>r assembled ordisassembled which is not installed on <strong>the</strong> site and connected to all utilities sufficient to be legallyadequate for immediate occupancy. The maximum number <strong>of</strong> unoccupied mobilehomes so installed fordisplay shall not exceed three units at any one time.(d) O<strong>the</strong>r Requirements.This section does not affect any o<strong>the</strong>r requirements <strong>of</strong> any agency, board, commission, council,or entity at whatever level for any o<strong>the</strong>r permit, authorization, or approval. (#906)12.100.040 Expiration and Revocation <strong>of</strong> Conditional Use Permits. A conditional use permit shallforthwith terminate and become void if:(1) A permit for construction <strong>of</strong> mobilehome park has not been issued by <strong>the</strong> enforcement agency priorto <strong>the</strong> expiration <strong>of</strong> six (6) months from <strong>the</strong> date <strong>of</strong> issuance <strong>of</strong> <strong>the</strong> conditional use permit.(2) Construction <strong>of</strong> <strong>the</strong> mobilehome park has not commenced prior to <strong>the</strong> expiration <strong>of</strong> six (6) weeksfrom <strong>the</strong> date <strong>of</strong> issuance <strong>of</strong> <strong>the</strong> permit by <strong>the</strong> enforcement agency.(3) The permit for <strong>the</strong> construction <strong>of</strong> <strong>the</strong> mobilehome park becomes void for any reason. (#906)12.100.050 Enforcement. Should <strong>the</strong> Planning Director determine that <strong>the</strong>re has been a violation <strong>of</strong> <strong>the</strong>provisions <strong>of</strong> this Chapter or any conditional use permit issued pursuant <strong>the</strong>reto, <strong>the</strong> Directorshall notify,in writing, <strong>the</strong> owner or manager <strong>of</strong> <strong>the</strong> mobilehome park, specifying <strong>the</strong> particular violation orviolations and shall make demand that such violations be corrected within 60 days after receipt <strong>of</strong> saidnotice. (#906 as amended by #1130, #1405)01/10 Page 196 <strong>of</strong> 230
CHAPTER 12.105TEMPORARY USESSections12.105.010 Temporary Uses for Additional Residences12.105.020 Purpose12.105.030 Where Permitted12.105.040 Conditions <strong>of</strong> Entitlement______________________________12.105.010 Temporary Uses for Additional Residences. (#906)12.105.020 Purpose. Additional residences for family members may be granted in certain zonesallowing residential uses for a limited period <strong>of</strong> time, in order to prevent <strong>the</strong> dislocation <strong>of</strong> families andto allow for in-home care <strong>of</strong> certain individuals by family members where such care is needed. (#906)12.105.030 Where Permitted. In any AE, A/RR, RRE or PR Zones, a property owner may apply to <strong>the</strong>Planning Department for a temporary use permit to allow for additional residences. (#906, #1405,#1422)12.105.040 Conditions <strong>of</strong> Entitlement.(a) The occupants <strong>of</strong> <strong>the</strong> second residence shall be limited to family relations <strong>of</strong> <strong>the</strong> property owner orspouse no more distant than <strong>the</strong> second generation.(b) The permit shall be for no more than a two year period and <strong>the</strong> applicant may apply for additionaltwo year extensions.(c) The applicant shall sign an agreement that at <strong>the</strong> conclusion <strong>of</strong> <strong>the</strong> permit or <strong>the</strong> violation <strong>the</strong>re<strong>of</strong>, <strong>the</strong>second residence shall be removed from <strong>the</strong> property or <strong>the</strong> <strong>County</strong> may be authorized to remove <strong>the</strong>residence and record a lien on <strong>the</strong> property for <strong>the</strong> cost <strong>the</strong>re<strong>of</strong>. Such agreement may be recorded.(d) The decision to grant <strong>the</strong> temporary permit shall be made by <strong>the</strong> Planning Director which decisionshall be final unless appealed to <strong>the</strong> Planning Commission within ten (10) days.(e) An application for a temporary permit as provided for in this section shall be accompanied by a filingfee in an amount set by resolution by <strong>the</strong> Board <strong>of</strong> Supervisors and any o<strong>the</strong>r information deemednecessary by <strong>the</strong> Planning Director in order to make a decision on <strong>the</strong> application.(f) Such temporary permit shall expire if <strong>the</strong> temporary residence is removed from <strong>the</strong> property or if <strong>the</strong>residence is no longer occupied by a qualifying relative.(g) The applicant must comply with all o<strong>the</strong>r statutes and ordinances relating to health and buildingcodes.(h) The lot on which a temporary permit for a second residence is granted may be no smaller than oneacre. (#906 as amended by #1130, #1405)01/10 Page 197 <strong>of</strong> 230
CHAPTER 12.110PLANNING RESERVE ZONE (PR)Sections12.110.010 Purpose12.110.020 Development Standards12.110.030 Plumas Lake Specific Plan Development Standards12.110.040 Spring Valley Specific Plan Development Standards______________________________12.110.010 Purpose. Planning Reserve Zones are to be applied in areas contiguous to existing urbandevelopment where urban expansion is planned and in areas designated for future development assatellite communities. The purpose <strong>of</strong> <strong>the</strong> Planning Reserve Zone are as follows:(a) To provide limited opportunities for subdivision and development in areas pending <strong>the</strong>preparation and adoption <strong>of</strong> Specific Plans or o<strong>the</strong>r facilities plans.(b) To implement <strong>the</strong> goals, policies, map and development standards contained in adopted SpecificPlans <strong>the</strong>reby discouraging urban sprawl and establishing a pattern <strong>of</strong> growth coordinated with publicimprovements and market demand. (#906 as amended by #1151)12.110.020 Development Standards. For Planning Reserve Zones which are not subject to anadopted Specific Plan, <strong>the</strong> following development standards shall apply:(a) Uses Permitted.1. Single family residences or mobilehomes.2. One additional single family residence for parcels 10 acres or larger.3. All agricultural uses permitted in <strong>the</strong> RRE Zone.4. Family Day Care Homes in accordance with Chapter 12.120.(b) Uses Permitted by Conditional Use Permit.1. Mobilehome parks.2. Churches, schools and o<strong>the</strong>r institutional uses.(c) Subdivision Standards.1. Subdivisions into five (5) or more parcels shall be prohibited unless in conformance to anadopted Specific Plan for <strong>the</strong> area.2. Parcel maps may be permitted provided <strong>the</strong>y meet <strong>the</strong> following criteria:(a) All parcels shall be 1 acre or larger.01/10 Page 198 <strong>of</strong> 230
(b) All public roads shall meet urban development standards and shall be designed toaccommodate reasonable access to surrounding properties. (#906 as amended by #1055)12.110.030 Plumas Lake Specific Plan Development Standards. For land located within <strong>the</strong>Plumas Lake Specific Plan, <strong>the</strong> following standards shall apply:(a) Uses Permitted.1. All uses conforming to <strong>the</strong> designations set forth in <strong>the</strong> land use map and text <strong>of</strong> <strong>the</strong>Plumas Lake Specific Plan, provided that all development standards set forth in <strong>the</strong> applicablesections <strong>of</strong> <strong>the</strong> Specific Plan shall also apply.2. For properties designated for public facilities including, but not limited to, parks, schools,and public utilities, those uses allowed under <strong>the</strong> zoning in effect and governing <strong>the</strong> use <strong>of</strong> saidproperties on September 20, 1993, shall be permitted in addition to <strong>the</strong> uses permitted in Section12.110.030(a) 1.3. Minimum densities in <strong>the</strong> High Density Residential classification <strong>of</strong> <strong>the</strong> Plumas LakeSpecific Plan shall be 10 dwellings per acre. (#1151, as amended by #1335)12.110.040 Spring Valley Specific Plan Development Standards. For land located within <strong>the</strong>Spring Valley Specific Plan, <strong>the</strong> following standards shall apply:(a) Uses Permitted:1. All uses conforming to <strong>the</strong> designations set forth in <strong>the</strong> land use map and text <strong>of</strong> <strong>the</strong> SpringValley Specific Plan, provided that all development standards set forth in <strong>the</strong> applicable sections <strong>of</strong><strong>the</strong> Specific Plan shall also apply.2. For properties designated for public facilities including, but not limited to, parks, schools,and public utilities, those uses allowed under <strong>the</strong> zoning in effect and governing <strong>the</strong> use <strong>of</strong> saidproperties on February 11, 1992, shall be permitted in addition to <strong>the</strong> uses permitted in Section12.110.040(a)1.3. Minimum densities in <strong>the</strong> multi-family residential classification shall be one-half <strong>of</strong> <strong>the</strong>densities identified in <strong>the</strong> Specific Plan. (#1185, as amended by #1335)01/10 Page 199 <strong>of</strong> 230
CHAPTER 12.115BEALE AIR FORCE BASE ZONE "BAFB" -REGULATING THE HEIGHT OF STRUCTURES AND THE USE OF PROPERTY IN THEBEALE AIR FORCE BASE AREA OF INFLUENCESections12.115.010 Declaration <strong>of</strong> Purpose12.115.020 Short <strong>Title</strong>s12.115.030 Definitions12.115.035 General Provisions12.115.040 Height Zones12.115.050 Height Restrictions12.115.060 Noise Standards12.115.070 Land Use Compatibility for Aircraft Noise12.115.080 Noise Restrictions Areas12.115.090 Safety Restriction Area12.115.100 Land Use Compatibility in Safety Areas12.115.110 Nonconforming Uses12.115.120 Variances12.115.130 Administrative Agency12.115.140 Conflicting Regulations___________________________________12.115.010 Declaration <strong>of</strong> Purpose. Pursuant to <strong>the</strong> authority conferred by <strong>the</strong> Airport Land UseCommission and by <strong>the</strong> Airport Approaches Zoning Law <strong>of</strong> <strong>the</strong> State <strong>of</strong> California and in conformitywith Sections 21655 through 21662 and Section 21670 through 21676.5 <strong>of</strong> <strong>the</strong> Public Utilities Code andwith Sections 50485 through 50485.13 and Sections 65302.3 <strong>of</strong> <strong>the</strong> California Government Code, <strong>the</strong>Board <strong>of</strong> Supervisors <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, State <strong>of</strong> California deems it necessary to regulate <strong>the</strong> use <strong>of</strong><strong>the</strong> air space for <strong>the</strong> purpose <strong>of</strong> promoting <strong>the</strong> health, safety and general welfare <strong>of</strong> <strong>the</strong> inhabitants <strong>of</strong> <strong>the</strong><strong>County</strong> <strong>of</strong> <strong>Yuba</strong> by protecting Beale Air Force Base from non-compatible land uses and providing for <strong>the</strong>orderly growth <strong>of</strong> <strong>the</strong> area surrounding <strong>the</strong> base, safeguarding <strong>the</strong> general welfare <strong>of</strong> <strong>the</strong> inhabitantswithin <strong>the</strong> vicinity <strong>of</strong> <strong>the</strong> airport and <strong>the</strong> public in general by protecting <strong>the</strong> public from <strong>the</strong> adverseeffects <strong>of</strong> aircraft noise and reducing <strong>the</strong> number <strong>of</strong> people exposed to airport-related hazards, andensuring that no structures affect navigable airspace. (#1030)12.115.020 Short <strong>Title</strong>s. This Chapter shall be known and may be cited as <strong>the</strong> "Beale Air Force BaseZoning Ordinance <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>". (#1030)12.115.030 Definitions. As used in this chapter, unless <strong>the</strong> context o<strong>the</strong>rwise requires:(1) "Airport" means <strong>the</strong> Beale Air Force Base Airport.(2) "Airport hazard" means any structure or tree or use <strong>of</strong> land which obstructs <strong>the</strong> air space required for<strong>the</strong> flight <strong>of</strong> aircraft in landing or taking <strong>of</strong>f at <strong>the</strong> airport or is o<strong>the</strong>rwise hazardous to such landing ortaking <strong>of</strong>f <strong>of</strong> aircraft.(3) "Area <strong>of</strong> Influence" means <strong>the</strong> area shown on FIGURE 5 which combines <strong>the</strong> 65 CNEL noisecontour line and <strong>the</strong> safety overflight zone.01/10 Page 200 <strong>of</strong> 230
(4) "Landing area" means <strong>the</strong> area <strong>of</strong> airport used for <strong>the</strong> landing, take<strong>of</strong>f or taxiing <strong>of</strong> aircraft.(5) "Person" means any individual, firm, co-partnership, corporation, company, association, joint stockassociation or body politic and includes any trustee, receiver or assignee.(6) "Structure" means any object constructed or installed by man, including, but not without limitation,buildings, towers, smokestacks and overhead lines.(7) "Tree" means any object <strong>of</strong> natural growth.(8) "Zoning Administrator" means <strong>the</strong> Zoning Administrator <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong>, State <strong>of</strong> California.(#1030)12.115.035 General Provisions.(a) Authority. This chapter is adopted under <strong>the</strong> provisions <strong>of</strong> Government Code Section 65302.3 andChapter 4, Article 3.5 <strong>of</strong> <strong>the</strong> California Public Utilities Code and <strong>the</strong> power <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong> toprotect <strong>the</strong> public health, safety and welfare <strong>of</strong> its residents.(b) Findings.(1) The Board <strong>of</strong> Supervisors finds that regulation <strong>of</strong> land use surrounding airports is necessary toprotect <strong>the</strong> public health, safety and welfare from potential hazards associated with incompatible landuses.(2) The Board <strong>of</strong> Supervisors finds that this Chapter is necessary to safeguard <strong>the</strong> general welfare <strong>of</strong>inhabitants within <strong>the</strong> vicinity <strong>of</strong> <strong>the</strong> Beale Air Force Zone and <strong>the</strong> public in general from <strong>the</strong> adverseeffects <strong>of</strong> aircraft noise and related aircraft hazards.(3) The Board <strong>of</strong> Supervisors finds that within <strong>the</strong> Beale Air Force Zone construction <strong>of</strong> single-familydwellings as well as o<strong>the</strong>r residential dwellings including, but not limited to, hotels, motels, apartmentsand mobile home parks can be accomplished to reduce <strong>the</strong> interior noise level not to exceed 45 db(CNEL) by design and <strong>the</strong> use <strong>of</strong> materials which reduce <strong>the</strong> transmission <strong>of</strong> sound including, but notlimited to, <strong>the</strong> following:a. The use <strong>of</strong> insulation.b. Heavy wea<strong>the</strong>rstripping <strong>of</strong> exterior doors.c. Fixed, sealed, double-pane windows with forced ventilation or air conditioning.d. Elimination <strong>of</strong> baffling or openings through exterior walls.e. Adding materials to ceiling surfaces where no attics exist.(4) The Board <strong>of</strong> Supervisors finds that to insure reduction <strong>of</strong> interior noise levels <strong>of</strong> new residentialstructures within <strong>the</strong> 65-75 db noise contour area all such construction shall meet <strong>the</strong> standards set forthin this Chapter. An acoustical study shall be prepared by a registered engineer certifying that a structurehas been designed so that <strong>the</strong> interior noise level does not exceed 45 db.(5) The Board <strong>of</strong> Supervisors finds that permitting those residential uses identified in this Chapter01/10 Page 201 <strong>of</strong> 230
within <strong>the</strong> 65-75 db noise contour area is contrary to <strong>the</strong> provisions contained in <strong>the</strong> ComprehensiveLand Use Plan for Beale Air Force Base adopted by <strong>the</strong> Airport Land Use Commission and <strong>the</strong>reforerequires that <strong>the</strong> Board <strong>of</strong> Supervisors override <strong>the</strong> applicable section contained in <strong>the</strong> ComprehensiveLand Use Plan.(6) The Board <strong>of</strong> Supervisors finds that reducing <strong>the</strong> interior noise levels <strong>of</strong> new residential structureswithin <strong>the</strong> 65 to 75 db noise contour area to a maximum <strong>of</strong> 45 db minimizes resident's exposure toexcessive levels <strong>of</strong> noise which accomplishes and, is consistent with, <strong>the</strong> provisions and purpose <strong>of</strong> <strong>the</strong>Comprehensive Land Use Plan.(7) The Board <strong>of</strong> Supervisors finds that this Chapter is consistent with <strong>the</strong> provisions <strong>of</strong> <strong>the</strong>Comprehensive Land Use Plan adopted for Beale Air Force Base and satisfies <strong>the</strong> requirements <strong>of</strong>Government Code Section 65302.3. (#1030 as amended by #116012.115.040 Height Zones. In order to carry out <strong>the</strong> purposes <strong>of</strong> this Chapter all <strong>of</strong> <strong>the</strong> land in <strong>the</strong> BealeAir Force Base Area <strong>of</strong> Influence is hereby divided into airfield imaginary surfaces which determineheight restrictions for natural and man-made object as follows:Primary Surface - A surface located on <strong>the</strong> ground longitudinally centered on <strong>the</strong> runway centerline with<strong>the</strong> same length as <strong>the</strong> runway. The width <strong>of</strong> <strong>the</strong> primary surface is 2,000 feet.Inner Horizontal Surface - An oval plane 150 feet above <strong>the</strong> airfield elevation, constructed by scribing anarc with a radius <strong>of</strong> 7,500 feet from <strong>the</strong> centerline at <strong>the</strong> end <strong>of</strong> each runway and connecting <strong>the</strong>se arcswith tangents.Conical Surface - A surface extending from <strong>the</strong> outer edge <strong>of</strong> <strong>the</strong> inner horizontal zone, outward andupward at a slope <strong>of</strong> 20 to 1 for a horizontal distance <strong>of</strong> 7,000 feet, to a height <strong>of</strong> 500 feet above <strong>the</strong>airfield elevation.Outer Horizontal Surface - A plane 500 feet above <strong>the</strong> airport elevation, extending outward from <strong>the</strong>outer edge <strong>of</strong> <strong>the</strong> conical surface, for a distance <strong>of</strong> 30,000 feet.Approach Surface - An inclined plane, symmetrical about <strong>the</strong> extended runway centerline, starting 300feet beyond each end <strong>of</strong> <strong>the</strong> runway at <strong>the</strong> airfield elevation and extending 50,000 feet. The slope <strong>of</strong> <strong>the</strong>surface is 50 to 1 until it reaches a height <strong>of</strong> 500 feet and <strong>the</strong>n continues horizontally to a distance <strong>of</strong>50,000 feet. The width <strong>of</strong> this surface starts <strong>the</strong> same as <strong>the</strong> primary surface and flares to 16,000 feet at50,000 feet.Transitional Surfaces - These surfaces connect primary, horizontal, conical, and approach surfaces. Theslope is seven to one, outward and upward from <strong>the</strong> runway extended centerline.These surfaces are shown on FIGURES 1 and 2. (#1030)12.115.050 Height Restrictions.A. Except as o<strong>the</strong>rwise provided in this Chapter, no structure or tree shall be erected, altered, allowed togrow or maintained in any airfield surface in excess <strong>of</strong> <strong>the</strong> height limit established for such surface as setforth in Section 12.115.040 and shown on figure 2. (#1030)B. Proposed new construction or expansion <strong>of</strong> existing structures that would penetrate <strong>the</strong> adoptedheight restriction imaginary surfaces is deemed to be and incompatible land use, unless ei<strong>the</strong>r <strong>the</strong> FAA01/10 Page 202 <strong>of</strong> 230
has determined that <strong>the</strong> proposed structure does not constitute a hazard to air navigation <strong>of</strong> <strong>the</strong> StateDivision <strong>of</strong> Aeronautics has issued a permit allowing construction <strong>of</strong> <strong>the</strong> proposed structure. (#1030)C. Each person proposing any kind <strong>of</strong> construction or alteration which would penetrate any <strong>of</strong> <strong>the</strong> heightrestriction imaginary surfaces must give notice to <strong>the</strong> Federal Aviation Administration on Form 7460-1,Notice <strong>of</strong> Proposed Construction or Alteration, if such construction or alteration is:1) More than 200 feet in height above <strong>the</strong> ground level at its site, or2) Of a greater height than an imaginary surface extending outward and upward at a slope <strong>of</strong> 100to 1 for a horizontal distance <strong>of</strong> 20,000 feet from all edges <strong>of</strong> <strong>the</strong> runway surface, if <strong>the</strong> runway is morethan 3,200 feet in length. (#1030)12.115.060 Noise Standards. FIGURE 3 is hereby incorporated as <strong>the</strong> <strong>of</strong>ficial map delineating noisecontours <strong>of</strong> noise generated by aircraft within <strong>the</strong> Beale Air Force Base Area <strong>of</strong> Influence. (#1030)12.115.070 Land Use Compatibility For Aircraft Noise. The following land use compatibilityguidelines for noise are adopted for <strong>the</strong> determination <strong>of</strong> compatible land uses in <strong>the</strong> Beale AFB Area <strong>of</strong>Influence:FIGURE 4 under Section 12.115.070 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code is hereby amended toread as shown on <strong>the</strong> attached page labeled EXHIBIT A.FIGURE 6 referenced in Section 12.115.100 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code is herebyamended to read as shown on <strong>the</strong> attached page labeled EXHIBIT B. (#1030 as amended by #1097 and#1160)12.115.080 Noise Restriction Areas:A. New single-family residences, including mobile home parks, are prohibited in areas having an airportcaused noise between <strong>the</strong> 65-75 db CNEL unless <strong>the</strong> following criteria are met:1. An acoustical study is prepared by a registered engineer showing that <strong>the</strong> structure has beendesigned so that <strong>the</strong> interior noise level, with windows closed, does not exceed 45 db CNEL.2. An Aviation Noise Easement is secured and recorded with <strong>the</strong> <strong>County</strong> prior to issuance <strong>of</strong> aCertificate <strong>of</strong> Occupancy for <strong>the</strong> structure.B. New hotels, motels, apartment houses, and dwelling units except single-family dwellings, areprohibited in areas having an airport caused noise between <strong>the</strong> 60 to 75 db CNEL unless <strong>the</strong> followingcriteria are met:1. An acoustical study is prepared by a registered engineer demonstrating that <strong>the</strong> proposedstructure or structures have been designed to meet <strong>the</strong> noise reduction requirements and standards setforth in <strong>the</strong> California Administrative Code <strong>Title</strong> 25, Section 28.2. Aviation Noise Easement is secured and recorded with <strong>the</strong> <strong>County</strong> prior to <strong>the</strong> issuance <strong>of</strong> aCertificate <strong>of</strong> Occupancy for <strong>the</strong> structure(s). (#1030 as amended by #1160)12.115.090 Safety Restriction Area. In order to carry out <strong>the</strong> purpose <strong>of</strong> this Chapter, all <strong>of</strong> <strong>the</strong> land in01/10 Page 203 <strong>of</strong> 230
<strong>the</strong> Beale Air Force Base Area <strong>of</strong> Influence is hereby divided in <strong>the</strong> following airport safety areas.Safety Area 1: Clear ZoneAn area starting at <strong>the</strong> end <strong>of</strong> <strong>the</strong> runway surface that is 3,000 feet wide, is centered on <strong>the</strong> extendedcenterline <strong>of</strong> <strong>the</strong> runway, and extends 3,000 feet outward. Both clear zones are on base property andare maintained by <strong>the</strong> Air Force.Safety Area 2: Approach-Departure ZoneAn area 3,000 feet wide and 12,000 feet long, that starts at <strong>the</strong> outer end <strong>of</strong> <strong>the</strong> clear zone, and iscentered along <strong>the</strong> extended centerline <strong>of</strong> <strong>the</strong> runway. The sou<strong>the</strong>rn zone is entirely on base propertyand maintained by <strong>the</strong> Air Force.Safety Area 3: Overflight ZoneAn area enveloping <strong>the</strong> airfield flight pattern and maneuvering area, constructed by combining tworectangles <strong>of</strong> <strong>the</strong> following dimensions:The first has an easterly boundary 16,000 feet from and parallel to <strong>the</strong> extended centerline <strong>of</strong> <strong>the</strong>runway and ends perpendicular to <strong>the</strong> centerline 20,000 feet from each end <strong>of</strong> <strong>the</strong> runway. Two-thirds<strong>of</strong> this area is base property.The second has a westerly boundary 26,000 feet from and parallel to <strong>the</strong> extended centerline <strong>of</strong> <strong>the</strong>runway, and ends perpendicular to <strong>the</strong> centerline 62,000 feet to <strong>the</strong> north and 50,000 feet to <strong>the</strong> southfrom <strong>the</strong> ends <strong>of</strong> <strong>the</strong> runway.FIGURE 5 indicates <strong>the</strong> designated safety areas and also shows <strong>the</strong> 65 CNEL contour. (#1030)12.115.100 Land Use Compatibility in Safety Areas. The land use compatibility guidelines for safetyas shown in FIGURE 6 shall be used to determine allowable land uses for <strong>the</strong> Beale Air Force Basesafety areas. (#1030)12.115.110 Nonconforming Uses.A. Nonconforming land uses which were in existence prior to <strong>the</strong> effective date <strong>of</strong> this Ordinance maycontinue. Nonconforming land use may be changed to ano<strong>the</strong>r nonconforming land use.B. No nonconforming land use, building, or structure, may be expanded except:1. Expansions <strong>of</strong> single family detached residents.2. Expansion <strong>of</strong> schools that would increase <strong>the</strong> capacity by less than one-third.C. If any nonconforming land use, building, or structure is damaged and <strong>the</strong> damage exceeds 50 percent<strong>of</strong> <strong>the</strong> value <strong>of</strong> <strong>the</strong> use, building or structure, any subsequent land use shall be in accordance with thisplan, except as follows:1. Single-family detached residences.01/10 Page 204 <strong>of</strong> 230
2. SchoolsD. If any section, subsection, sentence, clause or phrase <strong>of</strong> this ordinance is for any reason held to beinvalid by a court <strong>of</strong> competent jurisdiction, such decision shall not affect <strong>the</strong> validity <strong>of</strong> <strong>the</strong> remainingportion <strong>of</strong> this ordinance. The Board <strong>of</strong> Supervisors hereby declares that it would have passed thisordinance and every section, subsection, sentence, clause or phrase <strong>the</strong>re<strong>of</strong>, irrespective <strong>of</strong> <strong>the</strong> fact anyone or more sections, subsections, sentences, clauses or phrases be declared invalid. (#1030 as amendedby #1097)12.115.120 Variances. Any person desiring to erect any structure or increase <strong>the</strong> height <strong>of</strong> any structureor permit <strong>the</strong> growth <strong>of</strong> any tree or o<strong>the</strong>rwise use his property in a manner contrary to <strong>the</strong> airport zoningregulations adopted under this Chapter may apply for a variance from <strong>the</strong> zoning regulations in questionin accordance with Sections 12.10.300, 12.10.310, and Sections 12.10.700 through 12.10.730 <strong>of</strong> <strong>the</strong><strong>Yuba</strong> <strong>County</strong> Zoning Ordinance. (#1030)12.115.130 Administrative Agency. The Zoning Administrator is hereby designated as <strong>the</strong>administrative agency charged with <strong>the</strong> duty <strong>of</strong> administering and enforcing <strong>the</strong> regulations hereindescribed. The duties <strong>of</strong> <strong>the</strong> Zoning Administrator shall include that <strong>of</strong> hearing and deciding allapplications for permits and variances under <strong>the</strong> provision <strong>of</strong> this Chapter. (#1030)12.115.140 Conflicting Regulations. Where this Chapter imposes a greater or more stringentrestriction upon <strong>the</strong> use <strong>of</strong> land than is imposed or required by any o<strong>the</strong>r ordinance or regulation, <strong>the</strong>provisions <strong>of</strong> this Chapter shall govern. (#1030)01/10 Page 205 <strong>of</strong> 230
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CHAPTER 12.120CHILD CARE FACILITIESSections12.120.100 Findings12.120.200 Declaration <strong>of</strong> Purpose12.120.300 Definitions12.120.400 Permitted Uses12.120.500 Uses Permitted With a Use Permit12.120.600 Administrative Approval Process12.120.700 Development Standards12.120.800 Appeal___________________________________12.120.100 Findings. Child day care facilities can contribute positively to a child's emotional,cognitive, and educational development. Good quality child day care services are an essential service forworking parents. It is desirable to situate family day care homes for children in normal residentialsurroundings so as to give children <strong>the</strong> home environment which is conducive to healthy and safedevelopment. It is <strong>the</strong> public policy <strong>of</strong> <strong>the</strong> State <strong>of</strong> California to provide children in a family day carehome <strong>the</strong> same home environment as provided in a traditional home setting. Where spacing andconcentration <strong>of</strong> child day care facilities are not properly regulated, <strong>the</strong>y can contribute to traffic controland parking problems in residential neighborhoods. (#1029)12.120.200 Declaration <strong>of</strong> Purpose. The purpose <strong>of</strong> this Chapter is to allow for reasonable use <strong>of</strong>single family residences as family day care homes, while minimizing <strong>the</strong> impacts to residentialneighborhoods and to support and complement <strong>the</strong> land use objectives set forth in <strong>the</strong> <strong>Yuba</strong> <strong>County</strong>General Plan and this Chapter by encouraging <strong>the</strong> use <strong>of</strong> single family residences as family day carefacilities and by reducing or eliminating vehicular traffic and safety hazards by regulating spacing,concentration, parking and access. (#1029)12.120.300 Definitions: For <strong>the</strong> purpose <strong>of</strong> this Chapter, <strong>the</strong> following terms shall be defined asfollows:(1) "Child day care facility" means a facility which provides non-medical care to children under 18years <strong>of</strong> age in need <strong>of</strong> personal services, supervision, or assistance essential for sustaining <strong>the</strong> activities<strong>of</strong> daily living or for <strong>the</strong> protection <strong>of</strong> <strong>the</strong> individual on less than a 24-hour basis in exchange forpayment <strong>of</strong> money. Child day care facility includes day care centers and family day cares homes.(2) "Day care center" means any child day care facility o<strong>the</strong>r than a family day care home, andincludes infant centers, preschools, and extended day care facilities.(3) "Family day care home" means a home which regularly provides care, protection, and supervision<strong>of</strong> 12 or fewer children, in <strong>the</strong> provider's own home, for periods <strong>of</strong> less than 24 hours per day, while <strong>the</strong>parents or guardians are away, and includes <strong>the</strong> following:(a) "Large-family day care home" means a single-family home which provides family day care to7 to 12 children, inclusive, including children who reside at <strong>the</strong> home.01/10 Page 214 <strong>of</strong> 230
(b) "Small-family day care home" means a single family home which provides family day care tosix or fewer children, including children who reside at <strong>the</strong> home. (#1029)12.120.400 Permitted Uses.(1) Small-family day care homes (1 - 6 children) shall be permitted in all residential and commercialzones.(2) Day care centers shall be permitted in <strong>the</strong> C and RC zones. (#1029)12.120.500 Uses Permitted With a Use Permit.The following uses are allowed provided a Use Permit has first been secured authorizing such use:(1) Large-family day care homes (7 - 12 children) in <strong>the</strong> AE, A/RR, RRE, R-1, R-2, R-3, RC, C, TPZ,and PR zones.12.120.600 Administrative Approval Process.Application for a Use Permit shall be made to <strong>the</strong> Planning Department in writing on a form prescribedby <strong>the</strong> Planning Department.The Zoning Administrator or persons designated in his behalf shall be responsible for evaluating <strong>the</strong> UsePermit application. Not less than 10 days prior to <strong>the</strong> date on which <strong>the</strong> decision will be made on <strong>the</strong>application, notice shall be mailed to all owners <strong>of</strong> property within 400 feet <strong>of</strong> <strong>the</strong> proposed day care site.No public hearing will be held unless requested by <strong>the</strong> applicant or o<strong>the</strong>r person. The Use Permit shallbe granted if <strong>the</strong> request complies with <strong>the</strong> standards specified in Section 12.120.700. (#1029, #1367,#1405)12.120.700 Development Standards.A Use Permit shall be granted to large-family day care homes provided <strong>the</strong> following standards are met:(1) Spacing and Concentration:One (1) per 1,000 linear feet <strong>of</strong> street frontage in <strong>the</strong> R-1, R-2, R-3, and PR zones and one (1) per2,500 linear feet <strong>of</strong> street frontage in <strong>the</strong> AE, A/RR, and TPZ zones.(2) Parking shall be required as follows:(a) Large-family day care homes: Three (3) spaces in addition to two (2) <strong>of</strong>f-street spaces forfamily members who reside at <strong>the</strong> home.(b) Day care centers: One (1) <strong>of</strong>f-street parking space for each employee and one (1)<strong>of</strong>f-streetspace for each ten (10) children.(c) Surfacing: All parking shall be surfaced subject to <strong>the</strong> provisions <strong>of</strong> Section 12.85.040.12.120.800 Appeal. The applicant or o<strong>the</strong>r affected persons not satisfied with <strong>the</strong> action <strong>of</strong> <strong>the</strong> ZoningAdministrator may within ten (10) calendar days following <strong>the</strong> date <strong>of</strong> approval appeal in writing to <strong>the</strong>Planning Commission. (#1029, #1367)01/10 Page 215 <strong>of</strong> 230
SectionsCHAPTER 12.125BROWNSVILLE AIRPORT ZONE “BAPZ” – REGULATING THE HEIGHT OFSTRUCTURES AND THE USE OF PROPERTY IN THE BROWNSVILLE AREA OFINFLUENCE12.125.010 General Provisions12.125.115 Definitions12.125.030 Height Zones12.125.040 Airport Safety Zones12.125.050 Land Use Compatibility in Safety Areas12.125.070 Incompatible Uses_________________________________________________12.125.010 General Provisions.(a) Authority. This Chapter is adopted under <strong>the</strong> provisions <strong>of</strong> Government Code Section 65302.3and Chapter 4, Article 3.5 <strong>of</strong> <strong>the</strong> California Public Utilities Code and <strong>the</strong> power <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> <strong>Yuba</strong> toprotect <strong>the</strong> public health, safety and welfare <strong>of</strong> its residents.(b)Findings.(1) The Board <strong>of</strong> Supervisors finds that regulation <strong>of</strong> land use surrounding airports is required inorder to protect <strong>the</strong> airport from encroachment by incompatible land uses.(2) The Board <strong>of</strong> Supervisors finds that adoption <strong>of</strong> this Chapter is necessary in order tosafeguard <strong>the</strong> general welfare <strong>of</strong> <strong>the</strong> inhabitants within <strong>the</strong> vicinity <strong>of</strong> <strong>the</strong> airport and <strong>the</strong> public in generalby protecting <strong>the</strong>m from <strong>the</strong> adverse effects <strong>of</strong> aircraft noise and reducing <strong>the</strong> number <strong>of</strong> people exposedto airport related hazards.(3) The Board <strong>of</strong> Supervisors finds that <strong>the</strong> adoption <strong>of</strong> this Chapter is necessary to ensure thatno structure affect navigable airspace.(c)Intent.(1) It is <strong>the</strong> intent <strong>of</strong> <strong>the</strong> Board <strong>of</strong> Supervisors to create and maintain a comprehensive land useplan surrounding <strong>the</strong> Brownsville Airport that is consistent with <strong>the</strong> <strong>County</strong> General Plan and toimplement <strong>the</strong> policies set forth in <strong>the</strong> Brownsville Airport Comprehensive Land Use Plan adopted by<strong>the</strong> Airport Land Use Commission.(d) Limitations. No provision <strong>of</strong> this chapter or any ruling, requirement, or policy <strong>of</strong> <strong>the</strong> Board <strong>of</strong>Supervisors is a limitation on any <strong>of</strong> <strong>the</strong> following:(1) On <strong>the</strong> police power <strong>of</strong> <strong>the</strong> <strong>County</strong> <strong>of</strong> on <strong>the</strong> power <strong>of</strong> <strong>the</strong> <strong>County</strong> to declare, prohibit, andabate nuisance.(2) On <strong>the</strong> power <strong>of</strong> <strong>the</strong> <strong>County</strong> to adopt policies, standards, or regulations imposing policies,standards, or regulations imposing additional requirements on any persons if <strong>the</strong> requirements do notprevent <strong>the</strong> person from complying with <strong>the</strong> provisions <strong>of</strong> this chapter.01/10 Page 216 <strong>of</strong> 230
(3) On <strong>the</strong> power <strong>of</strong> <strong>the</strong> <strong>County</strong> to regulate <strong>the</strong> land use <strong>of</strong> buildings, structures, and land asbetween industry, business, residents, open space and o<strong>the</strong>r purposes.(e) Captions. Captions in this chapter are inserted for convenience <strong>of</strong> reference only and do notdefine, describe, or limit <strong>the</strong> scope <strong>of</strong> this chapter or any <strong>of</strong> its provisions. (#1165)12.125.020 Definitions. Unless <strong>the</strong> context o<strong>the</strong>rwise requires, <strong>the</strong> following definitions shall govern <strong>the</strong>construction <strong>of</strong> this chapter:(a) “Airport” means <strong>the</strong> Brownsville Aero Pines Airport.(b) “Airport Hazard” means any structure or tree or use <strong>of</strong> land which obstructs <strong>the</strong> air space requiredfor <strong>the</strong> flight <strong>of</strong> aircraft in landing or taking <strong>of</strong>f at <strong>the</strong> airport or is o<strong>the</strong>rwise hazardous to such taking <strong>of</strong>for landing or aircraft.(c) “Area <strong>of</strong> Influence” means <strong>the</strong> area shown on Figure 1.(d) “Landing Area” means <strong>the</strong> area <strong>of</strong> <strong>the</strong> airport used for <strong>the</strong> landing, take<strong>of</strong>f or taxiing <strong>of</strong> aircraft.(e) “Person” means any individual, firm, co-partnership, corporation, company, association, jointstock association or body politic and includes any trust, receiver or assignee.(f) “Structure” means any object constructed or installed by man including, but not limited tobuildings, towers, smokestacks and overhead lines.(g) “Tree” means any object <strong>of</strong> natural growth. (#1165)12.125.030 Height Zones. For <strong>the</strong> purposes <strong>of</strong> this Chapter <strong>the</strong> Brownsville Airport Area <strong>of</strong> Influence ishereby divided into airfield imaginary surfaces as shown in Figure 1 which determine height restrictionsfor natural and man-made objects. The airfield imaginary surfaces are as follows:(a) Primary Surface. A surface longitudinally centered along <strong>the</strong> runway extending 200 feet beyondeach <strong>of</strong> <strong>the</strong> runway and having a total width <strong>of</strong> 250 feet.(b) Horizontal Surface. A horizontal plane 150 feet above <strong>the</strong> established airport elevation, <strong>the</strong>perimeter <strong>of</strong> which is constructed by scribing an arc 5,000 feet out from <strong>the</strong> center <strong>of</strong> each end <strong>of</strong> <strong>the</strong>primary surface and connecting <strong>the</strong> arcs with tangents.(c) Conical Surface. A surface extending outward and upward from <strong>the</strong> periphery <strong>of</strong> <strong>the</strong> horizontal ata slope or 20 to 1 for a horizontal distance <strong>of</strong> 4,000 feet.(d) Approach Surface. A surface longitudinally centered on <strong>the</strong> extended runway centerline,extending outward and upward from each end <strong>of</strong> <strong>the</strong> primary surface at a slope <strong>of</strong> 20 to 1 for a length <strong>of</strong>5,000 feet. The width <strong>of</strong> this surface starts <strong>the</strong> same as <strong>the</strong> Primary Surface, 250 feet, and flares to 1,250feet at a 5,000 feet.(e) Transitional Surface. A surface extending outward and upward from <strong>the</strong> side <strong>of</strong> <strong>the</strong> PrimarySurface and from <strong>the</strong> sides <strong>of</strong> <strong>the</strong> approach surfaces at a slope <strong>of</strong> 7 to 1. (#1165)01/10 Page 217 <strong>of</strong> 230
12.125.040 Height Restrictions.(a) Except as o<strong>the</strong>rwise provided in this Chapter, no structure or tree shall be erected, altered orallowed to grow or maintained in any airfield surface in excess <strong>of</strong> <strong>the</strong> height limits established for suchsurface as set forth in Section 12.125.030 and shown in Figure 1 as determined by <strong>the</strong> annual StateDepartment <strong>of</strong> Aeronautics inspection.(b) Any proposed new construction or expansion <strong>of</strong> existing structures that would penetrate any <strong>of</strong> <strong>the</strong>imaginary surfaces defined under Section 12.125.030 shall be deemed an incompatible land use and shallnot be permitted except for <strong>the</strong> following:1. The FAA determines that <strong>the</strong> proposed structure does not constitute a hazard to air navigation.2. The State Division <strong>of</strong> Aeronautics has issued a permit allowing construction <strong>of</strong> <strong>the</strong> proposedstructure. (#1165)12.125.050 Airport Safety Zones. For <strong>the</strong> purposes <strong>of</strong> this Chapter <strong>the</strong> Brownsville Airport Area <strong>of</strong>Influence is hereby divided into <strong>the</strong> following airport safety zones as shown in Figure 2:(a) Clear Zone. Begins at <strong>the</strong> end <strong>of</strong> <strong>the</strong> primary surface, 200 feet beyond <strong>the</strong> end <strong>of</strong> <strong>the</strong> runwaysurface, and is centered along <strong>the</strong> extended runway centerline. It has an inner width <strong>of</strong> 250 feet, extendsoutward for a length <strong>of</strong> 1000 feet and has an outer width <strong>of</strong> 450 feet.(b) Approach/Departure Zone. Begins at <strong>the</strong> outer end <strong>of</strong> <strong>the</strong> Clear Zone and is centered along <strong>the</strong>extended runway centerline. It has an inner width <strong>of</strong> 450 feet, extends outward for a length <strong>of</strong> 2,000 feet,and has an outer width <strong>of</strong> 850 feet.(c) Over-flight Zone. Generally coincides with <strong>the</strong> area over-flown by aircraft during normal trafficpattern procedures an coincides with <strong>the</strong> area under <strong>the</strong> horizontal surface, but outside <strong>of</strong> <strong>the</strong> Clear andApproach/Departure Zones. (#1165)12.125.060 Land Use Compatibility in Safety Areas. The Land Use Compatibility Guidelines forSafety as shown in Figure 3 shall be used to determine permitted land uses within <strong>the</strong> BrownsvilleAirport safety areas. (#1165)12.125.070 Land Use in Safety Areas.(a) Incompatible uses which were in existence prior to <strong>the</strong> effective date <strong>of</strong> this ordinance maycontinue. No incompatible uses may be changed to ano<strong>the</strong>r incompatible use.(b)No incompatible use, building or structure may be expanded except for <strong>the</strong> following:1. Detached single family residences.2. Expansion <strong>of</strong> schools that would increase <strong>the</strong> capacity by less than one third.(c) In any incompatible uses, building or structure is damaged and <strong>the</strong> damage exceeds 50 percent <strong>of</strong><strong>the</strong> value <strong>of</strong> <strong>the</strong> use, building or structure, any subsequent use must be in conformity with <strong>the</strong> provisionscontained in this chapter except for <strong>the</strong> following:1. Single family detached residences.01/10 Page 218 <strong>of</strong> 230
2. Schools.(d) Should an incompatible use, building or structure be abandoned for a continuous period <strong>of</strong> oneyear, such cessation shall be considered an abandonment <strong>of</strong> <strong>the</strong> use, building or structure and shall besubject to <strong>the</strong> provisions contained in this chapter. (#1165)01/10 Page 219 <strong>of</strong> 230
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CHAPTER 12.130DENSITY BONUS INCENTIVE PROGRAMSection12.130.010 Purpose12.130.020 Applicable Zoning Districts12.130.030 General Provisions12.130.040 Density Bonuses and Qualifying Projects12.130.050 Additional Incentives or Concessions12.130.054 Maximum Parking Requirements12.130.060 Appeal______________________________12.130.010 Purpose.(1) To implement state legislation (Government Code Sec. 69515) intending that density bonuses ando<strong>the</strong>r incentives contribute significantly to <strong>the</strong> economic feasibility <strong>of</strong> very low, lower, and moderateincome and senior households.(2) To provide both owner occupied and rental housing units that are affordable to all households,particularly to those <strong>of</strong> very low, lower , moderate income families, and senior citizens in a manner thatwill protect <strong>the</strong> health, safety, and general welfare <strong>of</strong> <strong>the</strong> residents <strong>of</strong> <strong>Yuba</strong> <strong>County</strong>.(#1175, #1385)12.130.020 Applicable Zoning Districts. This chapter shall be applicable to all zoning districts thatpermit residential uses. (#1175, #1385)12.130.030 General Provisions.(1) A Conditional Use Permit application and Supplemental Questionnaire shall be utilized to request adensity increase or o<strong>the</strong>r incentives under this Chapter.(2) The developer <strong>of</strong> a qualifying project shall be entitled to a density bonus and o<strong>the</strong>r incentives and/orconcessions as specified herein and in Section 65915 <strong>of</strong> <strong>the</strong> California Government Code. ( #1385)(3) The <strong>County</strong> shall require <strong>the</strong> execution <strong>of</strong> an Affordability Agreement with <strong>the</strong> developer as aCondition <strong>of</strong> Approval. Said agreement shall include, but not be limited to, <strong>the</strong> following:(a) Term <strong>of</strong> agreement.(b) Description <strong>of</strong> project including location, number <strong>of</strong> total units (including bedrooms) andnumber <strong>of</strong> reserved affordable units (including bedrooms).(c) Standards for qualifying household incomes and maximum rents or sale prices.01/10 Page 226 <strong>of</strong> 230
(d) Process used to certify tenant income.(e) Description <strong>of</strong> how vacancies will be marketed and filled.(f) Enforcement mechanisms restricting reserved affordable units upon sale or transfer.(g) Process used to monitor and enforce affordability <strong>of</strong> reserved units.(4) The density bonus market rate units may be permitted on parcels o<strong>the</strong>r than where <strong>the</strong> restricted unitsare located.(5) The development shall conform to all lot area, yard, building height and set back, sign, wall andfence, landscaping and sidewalk, and parking standards contained in <strong>the</strong> underlying zone, except as listedin Section 12.130.050 (2). (#1385)(6) The development shall be connected to and served by a publicly owned and operated sanitary sewersystem, piped community water system and storm water drainage facilities. (#1385)(7) <strong>County</strong> shall, within 90 days <strong>of</strong> receipt <strong>of</strong> a written proposal, notify <strong>the</strong> housing developer in writing<strong>of</strong> <strong>the</strong> procedures under which it will comply with Government Code Section 65915. (#1385)(8) Prior to approval, <strong>the</strong> <strong>County</strong> Zoning Administrator shall find that <strong>the</strong> project meets each and everyfinding under Section 12.10.230 <strong>of</strong> <strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code. (#1175, #1385)12.130.040 Density Bonuses and Qualifying Projects. A density increase may be granted if aConditional Use Permit has first been secured in accordance with Sections 12.10.700 and 12.10.710 <strong>of</strong><strong>the</strong> <strong>Yuba</strong> <strong>County</strong> Ordinance Code and provided that all <strong>of</strong> <strong>the</strong> following criteria are met:A “density bonus” means a density increase <strong>of</strong> at least 20 percent, unless a lesser percentage is elected by<strong>the</strong> applicant, over <strong>the</strong> o<strong>the</strong>rwise maximum allowable residential density under <strong>the</strong> applicable zoningordinance and land use element <strong>of</strong> <strong>the</strong> general plan. The amount <strong>of</strong> density bonus to which <strong>the</strong> applicantis entitled shall vary according to <strong>the</strong> amount by which <strong>the</strong> percentage <strong>of</strong> affordable housing unitsexceeds <strong>the</strong> percentage established in 12.130.040 (2). For each 1 percent increase above 10 percent in <strong>the</strong>percentage <strong>of</strong> units affordable to lower income households, <strong>the</strong> density bonus shall be increased by 1.5percent up to a maximum <strong>of</strong> 35 percent. For each 1 percent increase above 5 percent in <strong>the</strong> percentage <strong>of</strong>units affordable to very low income households, <strong>the</strong> density bonus shall be increased by 2.5 percent up toa maximum <strong>of</strong> 35 percent. All density calculations resulting in fractional units shall be rounded up to <strong>the</strong>next whole number. If an applicant agrees or proposes to construct a condominium project as defined insubdivision (f) <strong>of</strong> , or a planned development as defined in subdivision (k) <strong>of</strong>, Section 1351 <strong>of</strong> <strong>the</strong> CivilCode, in which at least 10 percent <strong>of</strong> <strong>the</strong> total dwelling units are reserved for persons and families <strong>of</strong>moderate income, as defined in Section 50093 <strong>of</strong> <strong>the</strong> Health and Safety Code, a “density bonus” <strong>of</strong> atleast 5 percent shall be granted. For each 1 percent increase above 10 percent <strong>of</strong> <strong>the</strong> percentage <strong>of</strong> unitsaffordable to moderate-income households, <strong>the</strong> density bonus shall be increased by 1 percent up to amaximum <strong>of</strong> 35 percent. All density calculations resulting in fractional units shall be rounded up to <strong>the</strong>next whole number.(1) The development must consist <strong>of</strong> five or more dwelling units.(2) The developer shall agree to construct at least ten (10) percent <strong>of</strong> <strong>the</strong> total units <strong>of</strong> <strong>the</strong> housingdevelopment for low income households as defined in Section 50079.5 <strong>of</strong> <strong>the</strong> California Health andSafety Code, or01/10 Page 227 <strong>of</strong> 230
(3) Five (5) percent <strong>of</strong> <strong>the</strong> total units for very low income households as defined in Section 50105<strong>of</strong> <strong>the</strong> California Health and Safety Code, or(4) Agrees to construct a senior housing development as defined in Sections 51.3 and 51.12 <strong>of</strong> <strong>the</strong>Civil Code, or(5) Ten (10) percent <strong>of</strong> <strong>the</strong> total dwelling units in a condominium project or, planned developmentfor families <strong>of</strong> moderate income as defined in Sections 50093 <strong>of</strong> <strong>the</strong> Health and Safety Code, or(6) An applicant for a tentative subdivision map, parcel map, or o<strong>the</strong>r residential developmentapproval donates land suitable for <strong>the</strong> construction <strong>of</strong> affordable housing to <strong>the</strong> county as provided for in<strong>the</strong> subdivision, <strong>the</strong> applicant shall be entitled to a 15 percent increase above <strong>the</strong> o<strong>the</strong>rwise maximumallowable residential density under <strong>the</strong> applicable zoning ordinance and land use element <strong>of</strong> <strong>the</strong> generalplan for <strong>the</strong> entire development. For each 1 percent increase above <strong>the</strong> minimum 10 percent landdonation described below <strong>the</strong> density bonus shall be increased by 1 percent, up to a maximum <strong>of</strong> 35percent. An applicant shall be eligible for <strong>the</strong> increased density bonus described in this subdivision if all<strong>of</strong> <strong>the</strong> following conditions are met:(a) The applicant donates and transfers <strong>the</strong> land no later than <strong>the</strong> date <strong>of</strong> approval <strong>of</strong> <strong>the</strong> finalsubdivision map, parcel map, or residential development application.(b) The developable acreage and zoning classification <strong>of</strong> <strong>the</strong> land being transferred are sufficient topermit construction <strong>of</strong> units affordable to very low income households in an amount not less than 10percent <strong>of</strong> <strong>the</strong> number <strong>of</strong> residential units <strong>of</strong> <strong>the</strong> proposed development.(c) The transferred land is at least one acre in size or <strong>of</strong> sufficient size to permit development <strong>of</strong> atleast 40 units, has <strong>the</strong> appropriate general plan designation, is appropriately zoned for development asaffordable housing, and is or will be served by adequate public facilities and infrastructure. The landshall have appropriate zoning and development standards to make <strong>the</strong> development <strong>of</strong> <strong>the</strong> affordableunits feasible. No later than <strong>the</strong> date <strong>of</strong> approvals, o<strong>the</strong>r than building permits, necessary for <strong>the</strong>development <strong>of</strong> <strong>the</strong> very low income housing units on <strong>the</strong> transferred land.(d) The transferred land and <strong>the</strong> affordable units shall be subject to a deed restriction ensuringcontinued affordability <strong>of</strong> <strong>the</strong> units consistent with paragraph (b) above, which shall be recorded on <strong>the</strong>property at <strong>the</strong> time <strong>of</strong> dedication.(e) The land is transferred to <strong>the</strong> <strong>County</strong> or to a housing developer approved by <strong>the</strong> local agency.The <strong>County</strong> may require <strong>the</strong> applicant to identify and transfer <strong>the</strong> land to <strong>the</strong> developer.(f) The transferred land shall be within <strong>the</strong> boundary <strong>of</strong> <strong>the</strong> proposed development or, if <strong>the</strong> <strong>County</strong>agrees, within one-quarter mile <strong>of</strong> <strong>the</strong> boundary <strong>of</strong> <strong>the</strong> proposed development.(7) An applicant proposes to construct a housing development that conforms to <strong>the</strong> requirements <strong>of</strong>subdivision (b) and includes a child care facility that meets <strong>the</strong> requirements <strong>of</strong> Sec. 65915: <strong>of</strong>Government Code, and that will be located on <strong>the</strong> premises <strong>of</strong>, as part <strong>of</strong>, or adjacent to, <strong>the</strong> project,county shall grant ei<strong>the</strong>r <strong>of</strong> <strong>the</strong> following.(a) An additional density bonus that is an amount <strong>of</strong> square feet <strong>of</strong> residential space that is equal toor greater than <strong>the</strong> amount <strong>of</strong> square feet in <strong>the</strong> child care facility.01/10 Page 228 <strong>of</strong> 230
(b) An additional concession or incentive that contributes significantly to <strong>the</strong> economic feasibility<strong>of</strong> <strong>the</strong> construction <strong>of</strong> <strong>the</strong> child care facility.(8) The developer shall insure that <strong>the</strong> target units are affordable to <strong>the</strong> household identified inSection 12.130.40 for a minimum term <strong>of</strong> thirty (30) years. (#1175, #1385)12.130.050 Additional Incentives or Concessions. The following additional incentives or concessionsrequested by an applicant shall be granted provided <strong>the</strong> developer agrees to construct affordable housingunits in accordance with Section 12.130.40 unless <strong>the</strong> county makes <strong>the</strong> necessary findings contained inSection 65915 (d), (i) <strong>of</strong> <strong>the</strong> Government Code.(1) The applicant shall receive <strong>the</strong> following number <strong>of</strong> incentives or concessions:(a) One incentive or concession for projects that include at least 10 percent <strong>of</strong> <strong>the</strong> total units forlower income households at least 5 percent for very low income households, or at least 10 percent forpersons and families <strong>of</strong> moderate income in a condominium or planned development.(b) Two incentives or concessions for projects that include at least 20 percent <strong>of</strong> <strong>the</strong> total units forlower income households, at least 10 percent for very low income households, or at least 20 percent forpersons and families <strong>of</strong> moderate income in a condominium or planned development.(c) Three incentives or concessions for projects that include at least 30 percent <strong>of</strong> <strong>the</strong> total units forlower income households, at least 15 percent for very low income households, or at least 30 percent forpersons and families <strong>of</strong> moderate income in a condominium or planned development.(2) For <strong>the</strong> purpose <strong>of</strong> this chapter, concession or incentive means any <strong>of</strong> <strong>the</strong> following:(a) A reduction in site development standards or a modification <strong>of</strong> zoning code requirements orarchitectural design requirements that exceed <strong>the</strong> minimum building standards approved by <strong>the</strong>California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) <strong>of</strong>Division 13 <strong>of</strong> <strong>the</strong> Health and Safety Code, including, but not limited to, a reduction in setback andsquare footage requirements and in <strong>the</strong> ratio <strong>of</strong> vehicular parking spaces that would o<strong>the</strong>rwise berequired that results in identifiable, financially sufficient, and actual cost reductions.(b) Approval <strong>of</strong> mixed use zoning in conjunction with <strong>the</strong> housing project if commercial, <strong>of</strong>fice,industrial, or o<strong>the</strong>r land uses will reduce <strong>the</strong> cost <strong>of</strong> <strong>the</strong> housing development and if <strong>the</strong> commercial,<strong>of</strong>fice , industrial, or o<strong>the</strong>r land uses are compatible with <strong>the</strong> housing project and <strong>the</strong> existing or planneddevelopment in <strong>the</strong> area where <strong>the</strong> proposed housing project will be located.(c) O<strong>the</strong>r regulatory incentives or concessions proposed by <strong>the</strong> developer or <strong>the</strong> county that result inidentifiable, financially sufficient, and actual cost reductions. (#1175, #1385)12.130.054 Maximum Parking Requirements. The maximum parking requirements, inclusive <strong>of</strong>handicapped and guest parking, <strong>of</strong> a development meeting <strong>the</strong> criteria <strong>of</strong> section 12.130.040 shall notexceed <strong>the</strong> following ratios if <strong>the</strong> applicant requests <strong>the</strong> use <strong>of</strong> such alternative standards.(1) Zero to one bedrooms: one onsite parking space.(2) Two to three bedrooms: two onsite parking spaces.(3) Four and more bedrooms: two and one-half parking spaces.01/10 Page 229 <strong>of</strong> 230
(4) If <strong>the</strong> total number <strong>of</strong> parking spaces required for a development is o<strong>the</strong>r than a whole number, <strong>the</strong>number shall be rounded up to <strong>the</strong> next whole number. For purposes <strong>of</strong> this subdivision, a developmentmay provide “onsite parking” through tandem parking or uncovered parking, but not through on-streetparking. (#1175, #1385)12.130.060 Appeal. Appeals from any decision rendered pursuant to <strong>the</strong> provisions <strong>of</strong> this Chaptershall only be heard if <strong>the</strong> appeal complies with <strong>the</strong> procedures set forth in Sections 12.10.720 and12.10.730. (#1175, #1385)End01/10 Page 230 <strong>of</strong> 230