Sec. 26C-320. - General use provisions and exceptions.

The use regulations specified in this chapter shall be subject to the following general provisions and exceptions:

(a)

Public transmission and utility lines. Public utility, transmission and distribution lines, both overhead and underground, shall be permitted in all districts without limitation as to height and without the necessity of obtaining a use permit; provided, that the routes of all proposed transmission lines shall be submitted to the planning commission for review and recommendation prior to acquisition of rights of way therefore or application to the public utilities commission.

(b)

Natural resource development. The development of natural resources as used within this chapter shall not be construed to mean the drilling of wells or other development or improvements made for the production of water for domestic or irrigation purposes by a person or persons not engaged in the business of furnishing or developing water.

(c)

Manufactured home-storage. Manufactured homes for which zoning clearance for residential use has not been issued and which are in excess of eight feet (8′) in width and thirty feet (30′) in length may not be stored on any lot in any district in compliance with adopted regulations for such land use.

(d)

Christmas tree sales. Christmas tree sales may be permitted in the AS and C districts with a zoning permit provided that the zoning permit is limited to a period not to exceed one month.

(e)

Landfill operations. Zoning permits may be issued for landfill operations utilizing imported material in any district only when the project review and advisory committee is satisfied that there has been prior compliance with Article I, Chapter 22; Chapter 7; Article 7, Chapter 11 of the Sonoma County Code and Chapter 70 of the Uniform Building Code, or similar superseding agency, and that the filling will not be detrimental to neighboring property.

(f)

Entertainment establishments. No dance hall, road house, night club, commercial club or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, shall be established in any district closer than two hundred feet (200′) to the boundary of any residential district unless a use permit is first secured in each case.

No adult entertainment establishment shall be established except in the C3 (general commercial) district and except subject to the following limitations:

(1)

A minimum of one thousand feet (1,000′) from any other adult entertainment business.

(2)

A minimum of one thousand feet (1,000′) from any residential zoning district.

(g)

Minor land use alterations, grading within waterways. Use permit procedures for minor land use alterations and additions, or for grading and excavation within a waterway, which is also exempt from Section 26A-3a(I) of the county surface mining ordinance, may be waived when it is demonstrated to the satisfaction of the director of the permit and resource management department that said addition/alteration will not be detrimental to the health, safety or welfare of adjacent land uses or properties or when such alterations are required by another public agency.

(h)

Outdoor Vendors. Outdoor vendors are authorized subject to the following standards:

(1)

All sales will take place at least twenty feet (20′) from the nearest property line, but in no case shall such sales take place within twenty feet (20′) from the edge of any road right-of-way.

(2)

Parking shall be designated for a minimum of three automobiles, located at least twenty feet (20′) off the public right-of-way or twenty feet (20′) from the front property line with no automobile maneuvering permitted in the public right-of-way. The use permit may require additional parking, depending on the nature of the sales proposed.

(3)

No free standing signs shall be allowed. Two attached signs shall be permitted no larger than sixteen (16) square feet each in area and not located within twenty feet (20′) of the public right-of-way.

(4)

The outdoor sales shall not be conducted in a manner so as to cause a traffic hazard to passing motorists due to poor visibility and/or inadequate sign distance for safe ingress and egress.

(5)

The area designated for outdoor vendor activities, excluding parking, shall not be greater than five hundred (500) square feet unless the board of zoning adjustments finds that a larger area so designated will not be detrimental to the health, safety, or general welfare of persons residing or working the area.

(6)

The use permit shall remain in effect for a maximum of one year, after which approval of a new use permit will be required to continue. The director of the permit and resource management department or designee may issue the second and subsequent use permit without a public hearing based upon evidence submitted by the applicant that the operation was conducted in compliance with the conditions and provision of the previous use permit. Uses not authorized by a valid use permit will be subject to abatement proceedings.

(7)

All applicable permits from other county departments shall be obtained prior to operating the outdoor vendor business on the premises.

(i)

Open space easements. The board of supervisors may require, on appeal or otherwise, and the planning commission or board of zoning adjustments may recommend, as a condition of approval of a development application, the dedication of an open space easement on all or a portion of the property to be developed. Applications for development shall include, but not be limited to, applications for general plan amendments, specific plan amendments, rezonings, major and minor subdivisions, use permits or precise development plans. Prior to requiring an open space easement or an offer of easement pursuant to this section, the board or commission shall make one of the findings set forth in paragraphs (1) through (3) in addition to making the findings set forth in paragraphs (4) and (5).

(1)

The area which is to be the subject of the open space easement is characterized by great natural scenic beauty; or

(2)

The existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development; or

(3)

The existing openness, natural condition, or present state of use, if retained, would maintain or enhance the conservation of natural or scenic resources.

(4)

The imposition of the open space easement bears a reasonable relationship to the public welfare.

(5)

The acquisition of the scenic/open space easement is consistent with the general plan.

Open space easements exacted pursuant to this section may, at the discretion of the board or commission include, but not be limited to, any of the following:

a.

A provision that the subject property shall be used only for those purposes which will maintain the existing open and scenic character of the property.

b.

A prohibition on the placing or erecting or causing the placement or erection of any new building, structure, or vehicle intended for human occupancy or commercial purposes at the site.

c.

A prohibition of any act which will materially change the general topography or the natural form of the subject property.

d.

A prohibition on the division of the subject property into two or more parcels under separate ownership by sale, gift, lease or otherwise except such divisions necessary for public acquisition.

e.

A reservation of rights to the grantors for all uses not inconsistent with the restrictions specifically enumerated in paragraphs (a) through (d), inclusive, including the right to prohibit entry thereon by unauthorized persons.

f.

A reservation of rights to the grantor to develop water sources, including springs, and to lay, construct, repair and replace pipes and conduits for the transportation of water.

g.

A reservation of rights to the grantors to manage the land and its resources in a manner consistent with accepted principles of conservation practice.

h.

A reservation of rights to the grantor to use and develop the subject property from time to time for agricultural purposes.

Open space easements exacted pursuant to this section shall run with the land and shall continue until such time as the board of supervisors, at its discretion, abandons the county's right to the easement or, if the easement so provides, the easement expires in accordance with its terms.

Nothing contained in this section shall be construed to limit the authority of the county to exact, as an alternative, open space easements in accordance with the provisions of Government Code Section 51070 et seq.

(j)

Density bonus. See Section 26C-326.1

(k)

Seasonal farmworker housing shall meet the following standards:

(1)

Seasonal farmworker housing shall be located on parcels of one and one-half (1.5) acres or more having an agricultural or resources and rural development general plan land use designation. Such parcels shall be owned by the applicant. If less than ten (10) acres, such parcels shall be located within one (1) mile of a minimum of twenty (20) contiguous acres of land cultivated and either owned or long term leased by the applicant.

(2)

Seasonal farmworker housing shall be located on parcels having direct access to a publicly maintained road. If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the property owners entitled to use such road acknowledging and agreeing to the road(s use as access for the seasonal farmworker housing.

(3)

Seasonal farmworker housing located on parcels of less than ten (10) acres shall house no more than nineteen (19) workers, including a caretaker, at any time, unless a use permit is first obtained.

(4)

Seasonal farmworker housing and support structures shall be set back a minimum of fifty-five feet (55') from the center line of any roadway, sixty feet (60') from any other property line, forty feet (40') from any other structure, and forty feet (40') from watering troughs, feed troughs and accessory buildings. Seasonal farmworker housing and support structures shall also be set back seventy-five feet (75') from barns, pens or similar quarters of livestock or poultry. These setbacks may be reduced if a use permit is first obtained.

(5)

Seasonal farmworker housing shall have off-street parking provided at a ratio of one (1) space per four (4) persons housed. The parking does not need to be covered or paved, but may not be located within any scenic corridor setback unless screened from public view by buildings, fences, landscaping or terrain features.

(6)

Seasonal farmworker housing may be either one (1) or two (2) story structures.

(7)

Seasonal farmworker housing shall be occupied no more than one hundred eighty (180) days in any calendar year. The director of permit and resource management department may restrict the occupancy of seasonal farmworker housing to one hundred thirty-seven (137) days between July 1st and November 15th in any calendar year for health and safety reasons.

(8)

Seasonal farmworker housing having accommodations for at least six (6) workers may have a single caretaker unit per parcel occupied year-round, provided that the property meets the qualifications for an agricultural employee housing unit, there are no other permanent residences on the property, and a zoning permit for the caretaker unit is obtained.

(9)

Seasonal farmworker housing shall not be located within any floodway.

(10)

Seasonal farmworker housing located within the one hundred (100) year flood elevation shall have the structure of the finished floor of the living quarters above the one hundred (100) year flood level, but may have a storage area below the living quarters.

(11)

Seasonal farmworker housing located within the one hundred (100) year flood elevation shall have its septic tank and disposal field at least one hundred feet (100') removed from the ten (10) year flood elevation unless otherwise authorized by the director of permit and resource management department.

(12)

Seasonal farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health and safety hazard.

(13)

Prior to the issuance of a building permit for seasonal farmworker housing, the applicant shall place on file with the planning department an affidavit that the seasonal farmworker housing will be used to house persons employed for agricultural purposes. Further, a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic mitigation fees for the seasonal farmworker housing shall be waived unless and until the housing units are no longer used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units are converted to some other use, the park and traffic mitigation fees existent at the time of conversion shall be immediately due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance with the provisions of this code and state laws in effect at the time of conversion.

(l)

Tree protection.

General provisions.

Projects shall be designed to minimize the destruction of protected trees. With development permits, a site plan shall be submitted that depicts the location of all protected trees greater than nine inches (9″) and their protected perimeters in areas that will be impacted by the proposed development, such as the building envelopes, access roads, leach fields, etc. Lot line adjustments, zoning permits and agricultural uses are exempt from this requirement. The provisions of this section shall not apply to trees which are the subject of a valid timber harvesting permit approved by the state of California. This section shall not be applied in a manner that would reduce allowable density lower than that permitted as a result of C.E.Q.A. or by other county ordinances or render a property undevelopable. To achieve this end, adjustments may be made.

Agricultural uses exempt from the tree protection ordinance are as follows: The raising, feeding, maintaining, and breeding of confined and unconfined farm animals, commercial aquaculture, commercial mushroom farming, wholesale nurseries, greenhouses, wineries and agricultural cultivation.

Construction standards.

Applicants are encouraged to use a qualified specialist to establish tree protection methods.

(1)

Protected trees, their protected perimeters and whether they are to be retained or removed are to be clearly shown on all improvement plans. A note shall be placed on the improvement plans that "Construction is subject to requirements established by Sonoma County to protect certain trees."

(2)

Before the start of any clearing, excavation, construction or other work on the site, every tree designated for protection on the approved site plan shall be clearly delineated with a substantial barrier (steel posts and barbed wire or chain link fencing) at the protected perimeter, or limits established during the permit process. The delineation markers shall remain in place for the duration of all work. All trees to be removed shall be clearly marked. A scheme shall be established for the removal and disposal of brush, earth and other debris as to avoid injury to any protected tree.

(3)

Where proposed development or other site work must encroach upon the protected perimeter of a protected tree, special measures shall be incorporated to allow the roots to obtain oxygen, water and nutrients. Tree wells or other techniques may be used where advisable. No changes in existing ground level shall occur within the protected perimeter unless a drainage and aeration scheme approved by a certified arborist is utilized. No burning or use of equipment with an open flame shall occur near or within the protected perimeter (except for authorized controlled burns).

(4)

No storage or dumping of oil, gasoline, chemicals, or other substances that may be harmful to trees shall occur within the drip line of any tree, or any other location on the site from which such substances might enter the drip line.

(5)

If any damage to a protected tree should occur during or as a result of work on the site, the county shall be promptly notified of such damage. If a protected tree is damaged so that it cannot be preserved in a healthy state, the director of the permit and resource management department shall require replacement in accordance with the arboreal value chart. If on-site replacement is not feasible, the applicant shall pay the in-lieu fee to the tree replacement fund.

(6)

The following design standards for protected trees shall be adhered to:

a.

Underground trenching for utilities should avoid tree roots within the protected perimeter. If avoidance is impractical, tunnels should be made below major roots. If tunnels are impractical and cutting roots is required, it shall be done by hand-sawn cuts after hand-digging trenches. Trenches should be consolidated to serve as many units as possible.

b.

Compaction within the drip line or protected perimeter shall be avoided.

c.

Paving with either concrete or asphalt over the protected perimeter should be avoided. If paving over the protected perimeter cannot be avoided, affected trees shall be treated and removed for purposes of calculating arboreal values.

d.

Wherever possible, septic systems and/or leach lines shall not be located on the uphill side of a protected tree.

(7)

Security posted for the purpose of insuring the proper construction of public or private improvements shall also include an amount sufficient to secure any requirements imposed pursuant to this section. In addition, security for potential tree damage shall be twenty-five (25%) of the amount posted for planned tree replacement. In lieu fees shall be paid prior to recording any maps. Such security shall not be released until protection requirements, including planting replacement trees, and any long term maintenance requirements have been satisfactorily discharged. The initial bond amount may be reduced to cover only the maintenance and replacement of trees after construction is completed.

(8)

The Valley Oak, Quercus lobata, shall receive special consideration in the design review process to the extent that mature specimens shall be retained to the fullest extent feasible. Valley oaks contribute greatly to Sonoma County's visual character, landscape and they provide important visual relief in urban settings. On existing parcels created without the benefit of an accompanying EIR, design review shall focus on the preservation of valley oaks to the fullest extent feasible. Where such preservation would render a lot unbuildable, partial protection with accompanying appropriate mitigations developed by a certified arborist shall be incorporated into the project design. In such cases where only partial protection can be achieved, full replacement in accordance with the arboreal value chart shall be required.

Arboreal value charts.

One of the following charts is to be used for determining arboreal values. The applicant shall indicate at time of application which chart is to be used. Chart 1 requires analysis to be done only in the development areas (building envelopes, access roads, etc.) and requires one hundred percent (100%) replacement or in-lieu fees. Chart 2 requires analysis of the entire site but allows for removal of up to fifty percent (50%) of the arboreal value. Compensation for the loss of greater than fifty percent (50%) arboreal value will require replacement by using the chart.

Chart No. 1. To be Used for Measuring Trees Removed Only in the Development Areas.

This value (the A.V.) is used to calculate the replacement number

Chart No. 2. Complete Site Analysis

(a) To be used for measuring existing trees on the entire site.

(b)To be used for measuring trees to be removed.

Subtract the removed arboreal value from the existing arboreal value. If the removed arboreal value is more than fifty percent (50%) of the existing, the developer must replace the difference between removed arboreal value and fifty percent (50%) of existing arboreal value using the arboreal valuations.

*d.b.h. (diameter at breast height, four and one half feet (4 ½′) above ground) can be calculated by measuring the circumference of the tree and dividing by three point one four (3.14) or pi.

Arboreal valuations.

All trees to be replaced shall be the same native species as that removed unless specific approval has been granted by the director of the permit and resource management department.

One (1) point arboreal value equals:

(a)

six (6) five (5) gallon trees (can be existing trees on site that are below nine inches (9″) d.b.h. if preservation methods are part of the development permit); or

(b)

two (2) fifteen (15) gallon trees (the large trees must come from nurseries where they have been irrigated and they must have on-site irrigation to insure their survival); or

(c)

two hundred dollar ($200.00) in-lieu fee (annual average retail cost can be changed to reflect cost increases).

Two points arboreal value equals:

(a)

twenty-four inch (24″) box tree (the large trees must come from nurseries where they have been irrigated and they must have on-site irrigation to insure their survival); or

(b)

four hundred dollar ($400.00) in-lieu fee (annual average retail cost can be changed to reflect cost increases).

Replacement trees may be located on residentially zoned parcels of at least one and one half (1-½) acres and on any commercial or industrial zoned parcel, regardless of size, where feasible. Where infeasible, they may be located on public lands or maintained private open space. In-lieu fees may be used to acquire and protect stands of native trees in preserves or place trees on public lands.

(m)

Lot line adjustment. Lot line adjustment applications made pursuant to Chapter 25 of the Sonoma County Code (subdivision ordinance) which propose to add land to an existing parcel for the purpose of increasing its subdivision potential shall be deemed contrary to the provisions of this chapter.

(n)

Area design review committees. Where development is proposed on parcels which are subject to area design review committees which have been created by resolution of the board of supervisors, the following shall apply.

(1)

Prior to issuance of a building permit, the development plan will be reviewed and approved, conditionally approved, or denied by the director of the permit and resource management department on the basis of site planning as it relates to designated open space or design policies of adopted general, specific or area plans or other such design criteria as may have been adopted by the board of supervisors.

(2)

Concurrent with the submittal of the development plan to the director of the permit and resource management department, the owner shall submit the advisory recommendation of approval, conditional approval or denial of the local design review committee with jurisdiction over the parcel.

(3)

The director of the permit and resource management department shall consider the advisory recommendation of the local design review committee but shall not be bound by it.

(4)

Decisions of the director of the permit and resource management department approving, conditionally approving, or denying a building permit pursuant to this section are appealable in accordance with Section 26C-331.

(o)

Year-Round and Extended Seasonal Farmworker Housing. Year-round and extended seasonal farmworker housing shall meet the following standards:

(1)

Year-round and extended seasonal farmworker housing shall be located on parcels of ten (10) or more acres having an agricultural General Plan land use designation, but may be located on a parcels of ten (10) acres or more having a resources and rural development General Plan land use designation, provided the parcel is under Williamson Act contract or subject to a conservation easement or agricultural easement .

Notwithstanding the above, year-round and extended seasonal farmworker housing may be located on a parcel five (5) acres or less pursuant to Government Code Section 51230.2, when such farmworker housing otherwise meets the provisions of this subsection and the standards of the underlying zoning district. Such parcels shall be owned or leased by the applicant, unless the parcel is being subdivided pursuant to Government Code Section 51230.2 in which case it shall be owned by a public entity, or by a qualified non-profit agency.

(2)

Year-round and extended seasonal farmworker housing shall be located on parcels having direct access to a publicly maintained road. If a private road is to provide such access, the applicant shall file with the planning department a written agreement signed by all of the property owners entitled to use such road acknowledging and agreeing to the road(s use as access for the seasonal and extended seasonal farmworker housing.

(3)

Year-round and extended seasonal farmworker housing located on any parcel shall house no more than thirty-eight (38) workers at any time, unless a use permit is first obtained.

(4)

Year-round and extended seasonal farmworker housing and support structures shall be set back a minimum of fifty-five feet (55') from the centerline of any roadway, sixty feet (60') from any other property line, forty feet (40') from any other structure, and forty feet (40') from watering troughs, feed troughs, and accessory buildings. Year-round and extended seasonal farmworker housing and support structures shall also be set back seventy-five feet (75') from barns, pens or similar quarters of livestock or poultry. On parcels adjacent to a residential zoning district, year-round and extended seasonal farmworker housing shall be set back a minimum of five hundred feet (500') from the property line adjacent to the residential zoning district. These setbacks may be reduced if a use permit is first obtained.

(5)

Year-round and extended seasonal farmworker housing shall have off-street parking provided at the ration of one (1) space per four (4) persons housed. The parking does not need to be covered, but shall be screened from public view by buildings, fences, landscaping or terrain features.

(6)

Year-round and extended seasonal farmworker housing may be either one (1) or two (2) story structures.

(7)

Year-round and extended seasonal farmworker housing shall not be located within any floodway.

(8)

Year-round and extended seasonal farmworker housing located within the one hundred (100) year flood elevation shall have the structure of the finished floor of the living quarters above the one hundred (100) year flood level, but may have a storage area below the living quarters.

(9)

Year-round and extended seasonal farmworker housing located within the one hundred (100) year flood elevation shall have its septic tank and disposal field at least one hundred feet (100') removed from the ten (10) year flood elevation unless otherwise authorized by the director of permit and resource management department.

(10)

Year-round and extended seasonal farmworker housing shall be maintained in such a manner so as not to constitute a zoning violation or a health and safety hazard.

(11)

Prior to the issuance of a building permit for year-round and extended seasonal farmworker housing, the applicant shall place on file with the permit and resource management department an affidavit that the year-round and extended seasonal farmworker housing will be used to house persons employed for agricultural purposes. Further a covenant shall be recorded, in a form satisfactory to county counsel, acknowledging and agreeing that park and traffic mitigation fees for the year-round and extended seasonal farmworker housing shall be waived unless and until the housing units are no longer used to house persons employed for agricultural purposes and further acknowledging and agreeing that in the event the housing units are converted to some other use the park and traffic mitigation fees existent at the time of conversion shall be immediately due and payable and the housing units shall be either removed or, if the new use is otherwise permitted, brought into compliance with the provisions of this code and state laws in effect at the time of conversion.

(Ord. No. 5963, §§ VIII, IX, 1-31-2012; Ord. No. 5318 § 1, 2001.)

Sec. 26C-321. - General lot area and width regulations and exemptions.

(a)

The use of land as permitted for the district in which it is located shall be permitted on a lot of less area or width than that required by the regulations for such district, unless the owner of such lot owns any contiguous lot, in which case such lots shall be treated as one lot; provided, however, that such lots shall not be treated as one lot if any of the following four conditions are met:

(1)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is served by public sewer and is at least five thousand (5,000) square feet in area.

(2)

That each lot was created in compliance with applicable laws and ordinances in effect at the time of its creation, is not served by public sewer and is at least twenty thousand (20,000) square feet in area.

(3)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to Williamson Act Agricultural Preserve Contract, and conforms to minimum income requirements set forth in the agricultural preserve contract.

(4)

That each of the lots was created in compliance with applicable laws and ordinances in effect at the time of its creation, is subject to timber preserve and is eighty (80) acres or larger.

(b)

For purposes of the section, "served by public sewer" means that a governmental agency providing sewer service states in writing and without qualification that it will provide sewer service to the subject property.

(c)

Contiguous parcels not conforming to Sections 26C-321(a)(1), (2), (3), and (4) may be merged into one parcel subject to the provisions of Section 25-62 of the subdivision ordinance.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-322. - General height regulations and exceptions.

(a)

In an AR, RR, R1, R2, or PC district, no fence shall hereinafter be constructed to exceed six feet (6′) in height within any required side yard to the rear of the front line of any dwelling, or along any rear property line, nor to exceed three feet (3′) in height within any required front yard nor within fifteen feet (15′) of the street corner nor within any required exterior side yard on any corner lot, without first securing a use permit in each case.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-323. - General yard regulations and exceptions.

(a)

In the case of a through lot abutting on two streets, no building shall be located so as to encroach upon the front yard required on either street. This provision may be waived for swimming pools when it is demonstrated to the satisfaction of the director of the permit and resource management department that the location will not be detrimental to the health, safety or welfare of adjacent land uses or properties. The director of the permit and resource management department may require a use permit or signatures from adjacent property owners.

(b)

Any dwelling use to be located in any C district shall provide front, side and rear yards as required in the R2 district; provided, that this shall not apply to any dwelling use to be located over a commercial or industrial establishment.

(c)

Where irregular lot shapes prevent the direct determination of the area and yard requirements for a lot, the planning director of the permit and resource management department shall make such determinations as necessary for the administration of this chapter.

(d)

In any case where an official plan line has been established as part of the street and highway plan, the required yards on the street side shall be measured from such official plan line, and in no case shall the provisions of this chapter be construed as permitting any structure to extend beyond any such official plan line.

(e)

In any case where a building setback line or building envelope has been established by a recorded parcel map, final subdivision map, or the coastal plan, and said setback is different from the setback required by the zoning district in which the parcel is located, the established building setback line cannot be waived by the director of the permit and resource management department nor through a variance procedure.

(f)

Protect and encourage agricultural production by establishing a buffer between agricultural production on lands either designated in one of the three agricultural land use categories in the general plan or lands included within the AR zoning district, where any such lands abut a non-agricultural land use conducted on land outside the three general plan land use categories. Generally, buffers shall be defined as a physical separation of one hundred feet (100′) to two hundred feet (200′). These may be modified based upon topographic feature, a substantial tree stand, water course or similar existing feature. In some circumstances, a landscaped berm or other man-made feature may enhance the buffer. The requirement for buffer may be modified after hearing by the advisory agency following a written recommendation by the agricultural commissioner.

Notwithstanding the provisions of Section 26C-350 (non-conforming uses) where the imposition of the buffer creates a non-conforming condition, expansion or modification of such use may be permitted provided that encroachment into the setback does not exceed that of the existing structure.

Agricultural production as used herein means either an existing agricultural operation or an agricultural operation that would be a reasonably anticipated use. No buffer or setback shall be created by the acquisition of a portion of a parcel devoted to an agricultural operation.

The provisions of this section shall only apply to discretionary permits which are either appealable pursuant to the chapter or over which the board of supervisors has original jurisdiction.

(g)

In any TP, LIA, LEA, DA, RRD, RRDWA, AR or RR district the required yard standards may be reduced when the director of the permit and resource management department finds that such reduction(s) are appropriate in light of topography, vegetation, or unique physical characteristics. In determining such findings, consideration will also be given to visibility from public roads and adjacent properties. Such reduction shall not result in a front yard of less than ten feet for any garage or carport opening. The director of the permit and resource management department may require a use permit or signatures from adjacent property owners.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-324. - Building lines.

(a)

Building lines may be established for the purpose of determining building locations. Such building lines shall be indicated on the zoning maps.

(b)

Building lines shall be measured from the property line or adopted plan lines and shall supersede the front yard setback requirements of the zoning district within which the particular parcel(s) is located.

(c)

Building lines shall be established in the manner provided by Article XCIV.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-325.1. - Second dwelling units.

(a)

Purpose. This section implements the requirements of Government Code Section 65852.2 and the provisions of the general plan housing element that encourage the production of affordable housing by means of second dwelling units.

(b)

Applicability. Second dwelling units shall be permitted only in compliance with the requirements of this section, and all other requirements of the applicable zoning district, except as otherwise provided by this section, in the following agricultural and residential zoning districts: LIA (Land Intensive Agriculture), LEA (Land Extensive Agriculture), DA (Diverse Agriculture), RRD (Rural Resources & Development), RR (Rural Residential), AR (Agricultural Residential), R1 (Low Density Residential), R2 (Medium Density Residential) and R3 (High Density Residential). Second dwelling units are prohibited in the Z (second dwelling unit exclusion) combining district.

(c)

Permit Requirements. A zoning permit pursuant to section 26C-330 shall be required for a second dwelling unit in all applicable zoning districts except LIA and LEA. A use permit shall be required for a second dwelling unit in LIA and LEA zoning districts. Additionally, second dwelling units must comply with all other applicable building codes and requirements, including evidence of adequate septic capacity and water yield. Any approval of any second dwelling unit must be supported by findings demonstrating consistency of the second dwelling unit development with the section design and development standards herein.

(d)

Use. Second dwelling units may not be sold separately from the main unit, and may be rented. Occupant(s) need not be related to the property owner. Units may not be rented on a transient occupancy basis (periods less than thirty (30) days) unless a use permit is first secured.

(e)

Unit Type. A second dwelling unit may be attached or detached from the primary dwelling on the site. A detached second dwelling unit may also be a manufactured home, in compliance with Sections 26-02-140 and 26C-325.4.

(f)

Timing. A second dwelling unit allowed by this section may be constructed prior to, concurrently with or after construction of the primary dwelling.

(g)

Density. As provided by government code section 65852.2(b)(5), second dwelling units in the DA, RRD, AR, RR, R1 and R2 zoning districts are exempt from the density limitations of the general plan. In all applicable zoning districts, no more than one second dwelling unit may be located on any parcel and a second dwelling unit may not be located on any parcel already containing a non-conforming dwelling with respect to land use or density, or developed with a duplex, triplex, apartment or condominium.

(h)

Site Requirements.

(1)

Water Availability.

(i)

Except as provided in subsection (h)(1)(ii) of this section, a second dwelling unit shall be permitted only in designated groundwater availability classification areas 1 or 2, or where public water is available.

(ii)

A second dwelling unit in a Class 3 groundwater availability area shall be permitted only if:

(A)

The domestic water source is located on the subject parcel, or a mutual water source is available; and

(B)

Groundwater yield is sufficient for the existing and proposed use, pursuant to Section 7-12 of this code.

(iii)

Second dwelling units shall not be established within designated Class 4 groundwater availability classification areas except where both requirements for Class 3 areas, above, are met and a hydro-geotechnical report determines that there is no long-term or cumulative impact to groundwater resources. All applications for a zoning permit to allow a second dwelling unit within a Class 4 area shall be accompanied by a hydro-geological report containing information and analysis as specified by the director. Said report shall be prepared and certified by an appropriate licensed professional, specific for the subject site and the existing and proposed use, and the report must find and determine that:

(A)

Water yield will be sufficient year-round to serve both the primary and the secondary residential use; and

(B)

The establishment and continuation of the use will not result in significant impacts to local groundwater availability or yield, nor is it expected to have significant long-term and/or cumulative impacts.

(2)

Minimum Parcel Size.

(i)

A second dwelling unit shall be permitted only on parcels with a minimum gross lot area of at least two (2) acres, except as provided for below:

(A)

An exception will be made to permit a second dwelling unit on a parcel with a minimum of 1.5 acres in gross lot area in designated Class 1 or 2 groundwater availability areas, provided that an affordable housing agreement pursuant to Sections 26-88-120 and 26C-326 is executed and recorded, restricting the occupancy and rent of the subject unit to low or very low income households for a period of at least thirty (30) years. The agreement shall be subject to review and approval of the county counsel and the executive director of the community development commission.

(B)

Where the parcel is served by both public sewer and water, second dwelling units shall be permitted only on parcels with a minimum gross lot area of at least six thousand (6,000) square feet without restriction as to tenancy or affordability.

(C)

Where the parcel is served by both public sewer and water, second dwelling units shall be permitted on parcels with a gross lot area of at least five thousand (5,000) square feet, provided that an affordable housing agreement pursuant to Section 26-88-120 is executed and recorded restricting the occupancy and rent of the subject unit to low or very low income households for a period of at least thirty (30) years. The agreement shall be subject to review and approval of the county counsel and the executive director of the community development commission.

(i)

Design and Development Standards.

(1)

Height. The second dwelling unit shall not exceed sixteen (16) feet in height except that where the unit is attached to the primary unit, or where the second dwelling unit is proposed to be located above a garage, carport or barn, the maximum height shall be that established for the underlying zoning district. In no case shall the provision of a second dwelling unit result in a substantial reduction in solar access to surrounding properties.

(2)

Design. The second dwelling unit shall be similar or compatible in character to the primary residence on the site and to the surrounding residences in terms of roof pitch, eaves, building materials, colors and landscaping, second dwelling units shall also meet all standards set forth in any applicable combining district, specific plan or area plan or local area development guidelines.

(3)

Size. A second dwelling unit shall not exceed eight hundred forty (840) square feet in floor area. When the second dwelling unit is provided as an affordable rental unit, the size limit shall be one thousand (1,000) square feet so long as an affordable housing agreement pursuant to Sections 26-88-120 and 26C-26 is first executed and recorded, restricting the occupancy and rent for the subject unit to low or very low income households for a period of at least thirty (30) years. The agreement shall be subject to review and approval of the county counsel and the executive director of the community development commission.

(i)

Calculating the Size of Second Dwelling Units. Floor area shall be calculated by measuring the exterior perimeter of the second dwelling unit and the length of any common walls. In the case of straw bale or similar construction, floor area may be calculated using interior dimensions. Any storage space or enclosed areas attached to the second dwelling unit shall be included in the size calculation, except: a) a garage, as described below; or b) where the second dwelling unit is constructed over a barn or garage serving only the primary home.

(ii)

Allowable Garage Area. A garage up to four hundred (400) square feet in unconditioned floor area shall be permitted for a second dwelling unit provided that all required setbacks are met. A garage up to five hundred (500) square feet shall be permitted if an affordable housing agreement pursuant to Sections 26-88-120 and 26C-326 is recorded restricting the rent to low or very low income households for a period of at least thirty (30) years. No conditioned space shall be allowed within the garage area. A deed restriction shall be recorded declaring that the garage or barn area is not to be utilized as a part of the conditioned residential space.

(4)

Lot Coverage Limitation. The total lot coverage for parcels developed with a second dwelling unit shall not exceed that allowed within the applicable zoning district in which the parcel is located.

(5)

Setback and Location Requirements.

(i)

A second dwelling unit and any attached or detached garage must comply with the setback requirements of the applicable zoning district in which the second dwelling unit is located, except that the rear yard setback for second dwelling unit located in urban service areas within zone districts RR, R1, R2 and R3 shall be reduced to five (5) feet. In the case of an existing legal structure that is nonconforming with respect to setbacks, yard requirements may be reduced through use permit approval in order to allow the legal conversion of the existing structure for use as a second dwelling unit.

(ii)

In the case of a second dwelling unit in a rural zone district that is located more than one hundred (100) feet from the primary dwelling, the second dwelling unit shall maintain minimum front, rear and side setbacks of sixty (60) feet, unless otherwise provided through use permit.

(6)

Access and Parking Requirements.

(i)

Driveway Access. Both the primary unit and the second dwelling unit shall be served by one common, all-weather surface access driveway with a minimum width of twelve (12) feet, connecting the second dwelling unit to a public or private road. The requirement for a single driveway connection may be waived in each of the following instances if the director determines that the waiver of the requirement would not be detrimental to the public health, safety or general welfare:

(A)

Where an applicant seeks to convert an existing structure to use as a second dwelling unit, and that structure was served by an access driveway separate from the primary dwelling; or

(B)

Where the applicant can show that there are already two (2) legally established access driveways to the parcel that are available to serve the primary and secondary dwelling units separately; or

(C)

Where the parcel is split by a public or private road, or where the parcel has frontage on two (2) roads (public or private);

(D)

Where the applicant demonstrates an alternative access design that provides an overall reduction in the expanse of driveway area is preferable.

(ii)

Parking Required. One (1) off-street parking space with an all-weather surface shall be provided for the exclusive use of the second dwelling unit, in addition to the parking that is required for the primary dwelling. (Ord. 5429 § 6, 2003.)

(7)

Conformance with certified LCP. All new second dwelling units when combined with all existing site development shall together conform to all applicable requirements fo the Coastal Plan, Administrative Manual and this chapter.

(8)

Public Access. Second dwelling units shall not obstruct public access to and along the coast, or public trails.

(9)

Visual Resources. Second dwelling units shall not significantly obstruct public views from any public road, trail, or publip recreation area to, and along the coast.

(10)

Environmentally Sensitive Habitat Areas and Wetlands. All development associated with second dwelling units shall be located no closer than 100 feet from the outer edge of an environmentally sensitive habitat area or the average setback of existing development immediately adjacent as determined by the "string line method," which, for the purposes of this subsection, means the following: When circumstances do not allow a standard setback from, a bluff or natural resource, or when existing development encroaches nearer than the standard setback, a line may be drawn between the structures on either side of the parcel in question and that "string line" then defines the setback for that parcel.

(11)

Agricultural Lands. All development associated with second dwelling units shall be prohibited on prime agricultural soils. Where there are no prime soils second dwelling units shall be sited so as to minimize impacts to ongoing agriculturally-related activities.

(12)

Second dwelling units shall not be approved absent a finding of adequate water supply and wastewater treatment.

(Ord. No. 5829 § II, 2009; Ord. 5429 § 6, 2003.)

Sec. 26C-325.2. - Recycling collection and processing facilities.

The criteria and standards for recycling collection and processing facilities are as follows:

(a)

Permits required.

(1)

No person shall place or permit placement, construction, or operation of any recycling facility, including reverse vending machine, large or small collection facility, or light or heavy processing facility without first obtaining a use permit or design review approval pursuant to the provisions set forth in this section. Subject to the restrictions and requirements of this section, recycling collection and processing facilities may be permitted as set forth in the following table:

(2)

A planned community (PC) district may expressly permit or prohibit recycling facilities. Where a PC district does not specifically address such facilities but allows uses permitted in the CS, CT, C2, CF, PF, AS districts, reverse vending machines and small collection facilities may be permitted with an administrative design review permit.

(3)

A single administrative design review permit may be granted to allow more than one reverse vending machine or more than one small collection facility, even if located on different sites, pursuant to the following criteria:

a.

The operator of each of the proposed facilities is the same;

b.

The proposed facilities are determined by the director of the permit and resource management department to be similar in nature, size and intensity of activity;

c.

All of the applicable criteria and standards set forth in this section are complied with.

(b)

Reverse vending machines. Reverse vending machines shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial or public facility use, which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to Sonoma County Fire Code, uniform building code and zoning ordinance.

(2)

Shall, when associated with a commercial or industrial use, be located within thirty feet (30′) of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation.

(3)

Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered.

(4)

Shall be clearly marked to identify the type of material to be deposited.

(5)

Shall have a sign area of a maximum of four (4) square feet and sign(s) shall be attached to the machine.

(6)

Shall be no more than eighty (80) cubic feet in bulk and no more than eight feet (8′) in height per machine.

(7)

The operator of the reverse vending machine and the operator of the primary use, on a daily basis, shall remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines.

(8)

Reverse vending machines located within a structure in which the primary use is located shall not require any permits under this section.

(9)

Where a reverse vending machine is located nearer than fifty feet (50′) to a residential property, structure barriers shall be provided to reduce noise impacts.

(10)

Reverse vending machine operation may be limited to the hours of operation of the host use.

(c)

Small collection facilities. Small collection facilities shall meet the following conditions:

(1)

Shall be established in conjunction with a commercial use, industrial use institutional or community facility public facility use which is in compliance with all chapters of the codes of the county of Sonoma including but not limited to the Sonoma County Fire Code, Uniform Building Code and zoning ordinance.

(2)

Containers shall be constructed and maintained with durable waterproof, rustproof, and fire resistant material and shall be covered at all times when not attended.

(3)

Containers shall be clearly marked to identify the type of recyclable materials which may be deposited. A sign shall be displayed stating that no materials shall be left outside designated containers.

(4)

Facilities shall be clearly marked to identify the name and telephone number of the facility operator.

(5)

The site shall be swept and maintained in a dust-free, litter-free condition on a daily basis.

(6)

The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities.

(7)

The facility shall be set back at least twenty feet (20′) from any street or right-of-way.

(8)

The facility shall not impair the landscaping required for any concurrent use or any permit issued pursuant thereto.

(9)

The noise level for the collection facility shall not at any time exceed fifty-five (55) dBA as measured at the property line of any residentially zoned or residentially used property, and shall not exceed sixty-five (65) dBA.

(10)

The facility shall not include power-drive sorting and/or consolidation equipment such as crushers, balers, or bulk reverse vending machines.

(11)

Signs may be provided as follows:

a.

Maximum sign area shall be four square feet;

b.

No illuminated signs; and

c.

Signs must be consistent with the character of the location.

(12)

Use of the facility for collection or disposal of refuse or hazardous material is prohibited.

(13)

The facility shall be removed from the site no later than the date following expiration of the zoning permit for the primary use of the property or the state certification permit, whichever expires earlier.

(14)

The facility shall be in operation only during the hours of operation of the primary use. Unless permission is otherwise given by the operator of primary use.

(15)

The facility shall conform to all development regulations for the zoning district in which it is located.

(16)

The occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

b.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;

c.

The use permit or design review approval will be reconsidered at the end of eighteen (18) months.

If the conditions set forth in subsections a through c exist, a reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a priority commercial or industrial host use:

For a primary institutional use: A maximum five (5) spaces reduction will be allowed when not in conflict with parking needs of the primary use.

(17)

The facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins, or enclosures intended as receptacles for such materials.

(18)

Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to all types of beverage and food containers made from aluminum, non-aluminum metal, glass, and plastic, and in appropriate circumstances the county may require collection of all types of recyclable materials as a condition of design review approval. Small collection facilities may collect newspapers and cardboard in containers constructed of non-flammable materials.

(d)

Large collection facilities: Large collection facilities shall meet the following conditions:

(1)

The facility will be screened from the public right-of-way and adjacent properties zoned, planned, or used for residential purposes by operating in an enclosed building or:

a.

Will be located within an area enclosed by an opaque fence at least six feet (6′) in height with landscaping;

b.

Will meet all the noise standards set forth in subsection (d)(7).

(2)

Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(3)

Materials stored outside shall be bailed, palletized, densified or in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the fire district, California Department of Forestry and the Sonoma County Public Health Department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(4)

The site shall be maintained free of litter and any other undesirable materials and will be cleaned of loose debris on a daily basis.

(5)

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the director of the permit and resource management department determines that allowing overflow traffic above six (6) vehicles is incompatible with surrounding businesses and public safety.

(6)

In addition to the parking spaces required in paragraph 5, one (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

(7)

Noise levels shall not exceed 55 dBA as measured at the property line of residentially zoned or occupied property, and shall not otherwise exceed seventy (70) dBA.

(8)

If the facility is located where it abuts property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.

(9)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(10)

Unattended donation areas will be kept free of litter and any other undesirable material and the containers will be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

(11)

The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation. Identification and informational signs will meet the standards of the zone. Directional signs, bearing no advertising message, may be installed with the approval of the director of the permit and resource management department, if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(12)

Power-drive processing, including aluminum foil and can compacting, bailing, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process where noise standards can be shown to be complied with.

(13)

Other conditions may be required in connection with the use permit process.

(e)

Light and heavy processing facilities. A light or heavy processing operation shall meet the following conditions:

(1)

The facility shall be screened from the public right-of-way and adjacent properties zoned, planned, or occupied for residential use.

(2)

Processors will operate in a wholly enclosed building except for incidental storage, or

a.

Shall operate within an area enclosed on all sides by an opaque fence or wall not less than eight feet (8′) in height and landscaped on all street frontages.

(3)

Power-drive processing shall be permitted, provided noise level requirements of subsection (e)(11) are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

(4)

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and may not shred, compact or bale ferrous metals other than food and beverage containers.

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

Materials stored outside shall be baled, palletized, densified or shall be in sturdy containers maintained in good condition. Storage containers for flammable material shall be constructed of non-flammable material. Oil storage must be in containers approved by the local fire district, department of forestry and department of public health. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis, and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Parking space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where the director of the permit and resource management department determines that a lesser amount is surrounding business and public safety.

(10)

In addition to the parking required by paragraph (g), one (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.

(11)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy (70) dBA.

(12)

If the facility is located within five hundred feet (500′) of property zoned or planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

Any containers provided for donation of recyclable materials will be adequately screened from any property zoned or occupied for residential use and shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials.

(14)

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited.

(15)

Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level shall intrude on neighboring properties.

(17)

Other conditions may be required as part of the use permit process.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-325.3. - Large family day care.

(a)

Performance standards: Any applicant for large family day care shall provide evidence to the director of the permit and resource management department at the time of application for a zoning permit of conformance to the following standards:

(1)

Application:

An application for a zoning permit shall be accompanied by all information, plans, fees and descriptions required by the permit and resource management department to process the application.

(2)

Fencing:

Any front side or rear yard areas intended for day care use shall be surrounded by a barrier to separate the children from neighboring properties. Examples of acceptable barriers include hedgerows, chainlink or wood fences, walls, and the like. Fences shall be installed to protect the children from possible hazards (e.g., swimming pools, ravines, vicious animals, etc.) according to state social services licensing provisions. The application shall state the type of barrier proposed and the area to be fenced.

(3)

Health and safety codes:

Proposed day care homes shall comply with applicable building and fire code provision, with the applicable building codes, health codes, fire code standards adopted by the state and administered by the county fire marshal, and with social services department licensing requirements (California Administrative Code, Title 22, Division 2).

(4)

Spacing and concentration:

Properties used for large family day care homes may be located closer than three hundred feet (300′) from one another in all directions unless there is an appeal from a neighbor. In no case shall a residential property be directly abutted by large family day care on two or more sides.

(5)

Noise:

Noise emanating from a large family day care home or child care facility site shall not exceed sixty (60) decibels on the A scale measured at the property line. A noise wall or other sound attenuating device may be required to insure that this level of noise is not exceeded.

(6)

Circulation:

Residences located on arterial streets (as shown on the general plan circulation map) must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the arterial roadway. An accurate circulation plan, including parking, circulation, and drop-off areas, shall be included with the application.

(7)

Parking:

All dwellings used for large family day care facilities shall provide at least three (3) automobile parking spaces. These may include spaces already provided to fulfill residential parking requirements and on-street parking so long as it abuts the site.

(8)

Review and enforcement:

a.

One (1) year review.

The zoning permit for large family day care shall be reviewed after one year by the director to identify and achieve mitigation of any adverse conditions related to the day care activities conformance to these zoning ordinance regulations. The director may mitigate problems related to noise, traffic, parking, and code violations by imposing new conditions, such as limiting hours of operation, requiring installation of solid fencing, subsequent or periodic review, etc. at his/her discretion. The director shall give notice of this review to owners and residents of property within one hundred feet (100′) of the large family day care to allow at least ten days for comment.

(b)

Procedure for application for large family day care:

(1)

An application for a zoning permit shall be accompanied by all information, plans, fees and descriptions required by the permit and resource management department. Large family day care is exempt from CEQA.

(2)

After the application is submitted, it will be referred to all interested agencies.

(3)

At least ten (10) days prior to the date upon which the zoning permit would be issued, the permit and resource management department shall mail notice of the application to all property owners within one hundred feet (100′) feet of the subject property and shall post a notice on the property for at least ten days indicating the applicant's intent to locate a large family day care on the property. The written notice which is mailed and posted shall state that the county intends to issue a zoning permit on the property unless a written protest is received by the permit and resource management department within the ten (10) day period.

(4)

If no written protest and fee is received within the ten (10) day period, the permit and resource management department may issue a zoning permit for the day care, subject to the adopted standards.

(5)

If a written protest is filed within ten (10) days of posting or publication, it must be accompanied by a fee in an amount set by resolution of the board of supervisors. The only grounds for a written protest shall be that the proposed family day care does not meet the criteria set forth in this section.

(6)

If a written protest on proper grounds and fee is received within the ten (10) day period, the permit and resource management department will schedule a hearing on the proposed large family day care before the board of zoning adjustments. The board of zoning adjustments will determine whether the proposed day care meets the criteria set forth in this section.

(7)

Decisions of the board of zoning adjustments are appealable to the board of supervisors within twelve (12) days from the date of the board of zoning adjustment's action. Appeals shall be accompanied by a fee to be set by resolution of the board of supervisors. The board of supervisors shall hear the matter de novo.

(8)

If the day care application is appealed to the board of zoning adjustments or the board of supervisors, the appropriate board may approve, or deny or conditionally approve the permit based on the criteria set forth in this section.

(9)

Operators of existing large family day care homes shall have twelve (12) months of adoption of this chapter in which to apply for a zoning permit, thereby establishing the use as a legal day care facility. A fee shall be required for the zoning permit, but posting and standards shall be waived.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-325.4. - Manufactured homes placed on permanent foundations.

(a)

Purpose: To increase the supply of housing and variety of housing types available to the public by establishing a method for placement of manufactured homes on permanent foundations on individual lots, while architecturally integrating the mobile home into the surrounding neighborhood.

(b)

Application: One manufactured home per lot is permitted pursuant to Section 26C-328(c), wherever the single-family dwelling is permitted provided that no other residential structures exist on the property. Additional manufactured homes, or manufactured homes which constitute additional residential units, may be permitted pursuant to this Section where additional single-family dwellings are permitted, subject to obtaining a use permit or use permit waiver.

The provisions of this section shall not apply to the HD (historic combining) districts, nor shall these provisions apply to manufactured homes used to house full-time agricultural employees where not placed on a permanent foundation.

(c)

General requirements:

(1)

Effect of locating a manufactured home on a permanent foundation system.

a.

A manufactured home which has been placed on a single lot and on a permanent foundation system pursuant to this section shall be deemed to be a single-family dwelling, and subject to local property taxation pursuant to Section 18551 of the health and safety code and Section 109.7 of the revenue and taxation code.

(2)

Construction standards.

a.

A Manufactured home shall not be located on a permanent foundation system on a single lot unless:

1.

It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and less than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; or b) it is factory-built housing as defined in California Health and Safety Code Section 19971; and

2.

It has not been altered in violation of applicable codes.

(d)

Criteria: In the LIA, LEA, DA, RRD, RRDWA, TP, RR, AR, R1, R2, and PC districts, manufactured homes placed on permanent foundations shall:

1.

Be occupied only as a residential use type in compliance with all applicable regulations.

2.

Be subject to all provisions of this chapter applicable to residential structures.

3.

Have a minimum width of twelve feet (12′), not including expander.

4.

Be covered with an exterior material (including wood, stucco, masonite, and horizontal lap siding) customarily used on conventional dwellings and approved by the director of the permit and resource management department. The exterior covering materials shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering materials need not extend more than six inches (6″) above finished grade.

5.

Have a roof with a pitch of not less than three inches (3″) vertical rise for each twelve inches (12″) of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the director of the permit and resource management department.

6.

Have eaves of a conventional design.

(e)

Installation of manufactured home:

(1)

Surrender of registration. Subsequent to applying for the required building permits and prior to occupancy, the owner shall request a certification from the building department that a certificate of occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of registration issued by a state agency is to be surrendered to the appropriate state agencies. Any manufactured mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or federal label pursuant to Section 18550(b) of the health and safety code.

(2)

Compliance. The director of the permit and resource management department shall determine that the project is in compliance with all requirements and conditions of the building permit prior to issuing final approval for occupancy.

(3)

Building permit. Prior to installation of a manufactured home on a permanent foundation system the manufactured home owner or a licensed contractor shall obtain a building permit from the building department. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the health and safety code.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-325.5. - Mobile home park standards.

(a)

Compliance with board of zoning adjustments standards generally: All mobile home parks where approved by a use permit in the R2, or PC district shall be developed in conformance with minimum design and improvement standards adopted by the board of zoning adjustments.

(b)

Design review: All mobile home parks shall be subject to design review by the director of the permit and resource management department in accordance with Article XLI and shall meet all provisions of this section; provided, that when a change in design of any existing mobile home park is determined by the director of the permit and resource management department to be necessary and such change in design would not allow for full compliance with a provision of this section, the director of the permit and resource management department shall have the authority to make such a determination as necessary for the administration of this section.

(c)

Mobile home park lot lines:

(1)

Mobile home park lot lines shall not be created, moved, shifted, or altered except as permitted by this subsection.

(2)

No mobile home park lot lines shall be created, moved, shifted, or altered if the action will place an occupant of a mobile home space or lot in violation of any mobile home separation or space requirements of this chapter, Part 21 (commencing with section 18200) of Division 13 of the health and safety code, or any administrative regulation adopted pursuant thereto.

(3)

Applications to create, move, shift, or alter mobile home lot lines shall include the written authorization of the occupant or occupants, if any, of the mobile home spaces on which the lot lines will be created, moved, shifted, or altered. Written notice of applications shall be given to interested agencies and all residents of the subject mobile home park. Applications involving lot lines previously established through the use permit process shall be accompanied by a concurrent application to amend the applicable use permit and shall be acted upon by the board of zoning adjustments at the same time as the amendment.

(4)

Applications not involving lot lines previously established through the use permit process may be acted upon by the director of the permit and resource management department if there are no written objections by interested agencies or residents of the mobile home park. If there are written objections by interested agencies or residents of the mobile home park, the director of the permit and resource management department shall refer the proposal to the board of zoning adjustments for a public hearing and decision.

(5)

In order to approve an application to create, move, shift or alter mobile home park lot lines, the finding of the director of the permit and resource management department or the board of zoning adjustments shall be that the proposal will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, or general welfare of persons residing in the mobile home park or to the general welfare of the area.

(6)

In approving an application to create, move, shift, or alter mobile home park lot lines, the director of the permit and resource management department or the board of zoning adjustments may designate such conditions as are necessary to secure the purposes of this chapter and may require such guarantees and evidence that such conditions are being, or will be, complied with as are deemed appropriate.

(d)

Submittal of plans: Development plans shall be submitted to the director of the permit and resource management department at least ten (10) days prior to application for those permits required by Section 18500 of the health and safety code or its successors, and any other pertinent permit requirements of the county and the department of housing and community development of the state.

Detailed drainage plans shall be submitted to and approved by the county water agency.

(e)

Stage development: Development may be in stages so long as each stage meets the minimum standards of this Section and there is no occupancy of any mobile home until at least ten mobile home lots are developed and improved on at least two (2) acres and authorized by a permit for occupancy as provided in Section 18505 of the health and safety code.

(f)

Density: The director of the permit and resource management department shall determine the allowable density for each mobile home park based on the following criteria:

(1)

Provisions for necessary space for compliance with this section.

(2)

Individual mobile home sites shall be a minimum of two thousand four hundred (2,400) square feet.

(3)

The maximum permitted residential density for a mobile home park shall be consistent with that established by the general plan.

(4)

Every mobile home shall have a minimum ten feet (10′) clearance in all directions from other structures excluding storage cabinets, except that when awnings, porches or cabanas are attached, the minimum clearance shall be six feet (6′).

(g)

Park area: No mobile home park shall be less than four (4) gross acres in area.

(h)

Building lines: All structures and mobile homes shall have a setback of at least fifteen feet (15′) from all property lines. All structures and mobile homes shall have a setback of at least twenty feet (20′) from the ultimate right of way of any street adjoining the mobile home park. In case a greater building setback line has been established by ordinance, such greater building setback line shall be observed. The setback area shall be landscaped and continually maintained.

(i)

Parking spaces: There shall be three (3) parking spaces for every two (2) mobile homes within at least one (1) parking space on each site. Where tandem parking is utilized, one additional parking space for each ten (10) mobile homes shall be provided for guest parking and shall be dispersed throughout the development.

(j)

Recreation space: Each mobile home park shall contain a minimum of three hundred (300) square feet of recreation space per mobile home site; except, that when children are allowed, an additional three hundred (300) square feet per site shall be added, but in no case shall the total recreation space be less than six thousand (6,000) square feet in area not less than three thousand (3,000) square feet for any one recreation area. Recreation space design and location shall be approved by the director of the permit and resource management department.

(k)

Utilities: All utility distribution facilities, including but not limited to electric, communication and cable television lines, installed in an for the purpose of supplying service to any mobile home park shall be placed underground, except as follows: Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. The developer is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

(l)

Storage facilities, garbage collection: A minimum three feet by five feet by five feet (3′ x 5′ x 5′) cabinet for storage shall be provided on each site; adequate trash enclosures and garbage collection shall be provided.

(m)

Accessory uses: Accessory uses are those uses that are incidental to the original use; exist for the sole purpose of service to residents, are customarily found in multiple-family development and do not alter the character of the original use. Any structure used for an accessory use shall meet all requirements for a main structure. Allowable accessory uses include vending machines, a common car wash, storage area for travel trailers and boats, management facility, recreational facility and other uses which in the opinion of the director of the permit and resource management department are of a similar nature.

(n)

Travel trailers: Travel trailers shall be allowed for permanent occupancy in a mobile home park and for storage by permanent occupants. Overnight use of spaces may be permitted upon first securing a use permit in each case to review compatibility. Travel trailer spaces shall be designated on the development plan and shall be separated from permanent mobile home spaces.

(o)

Walls, fences, etc. A six feet (6′) wall, fence or landscape screen may be required along all boundaries adjoining other properties. The director of the permit and resource management department shall make such a determination on the basis of esthetics and compatibility with surrounding proposed and existing development. A solid masonry wall, fence or such other decorative landscaping or screening as determined suitable by the director of the permit and resource management department may be required fifteen feet (15′) from the ultimate property line adjacent to any public or private street. If a wall or fence is required it shall not be less than forty-two inches (42″) in height nor greater than six feet (6′) in height.

(p)

Landscaping: All open areas, excluding mobile home sites, shall be landscaped and maintained. At least forty percent (40%) of all open areas shall be landscaped with live materials. Landscaping shall include planting of trees along perimeter boundaries adjacent to adjoining properties of a five (5) gallon size with a minimum of one tree per mobile home site. Additional and more mature trees may be required where they are being utilized in lieu of fencing development. Plans shall indicate a means of irrigation for landscaped areas.

(q)

Signs: One (1) non-illuminated or indirectly illuminated detached appurtenant sign that shall not exceed ten feet (10′) in overall height or thirty-two (32) square feet in area shall be permitted and shall be integrated into the landscape with the location and elevation approved by the director of the permit and resource management department.

(r)

Access: All streets shall be paved to a width of not less than twenty-five feet (25′) from shoulder to shoulder. Access streets shall be thirty-three feet (33′) in width if car parking is permitted on one side and forty-one feet (41′) in width if car parking is permitted on both sides.

(1)

No access driveway shall be located closer than one hundred feet (100′) to any intersection.

(2)

All cul-de-sac streets shall have a minimum outside turning radius of thirty-eight feet (38′).

(3)

All corners shall have a minimum fifteen feet (15′) radii.

(4)

Curbs and gutters shall be installed on both sides of all streets. The planning commission may approve alternate treatment in cases of extreme topography or low density developments.

(5)

All streets shall be adequately lighted.

(6)

Each site shall front on an access street.

(7)

Stop signs shall be provided at all intersections with all public streets.

(s)

Circulation: All mobile home park developments shall complement adjoining, existing or contemplated vehicle circulation patterns. All mobile home park developments shall dedicate land adjoining public roads to the county for road widening purposes and improvements of the same to county standards may be required, as stipulated by the county department of public works, to offset the burden placed on the public by the generation of new traffic.

(t)

Compliance with state regulations and other regulations of the county: All pertinent state and county regulations concerning the development and operation of mobile home parks shall be observed. Nothing contained in this section shall be construed to abrogate, void or minimize such other pertinent regulations.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-325.6. - Low water use landscaping.

(a)

Purpose: The purpose of this landscape chapter is to effect efficient water use through proper landscape design and management. County decision making bodies or the director of the permit and resource management department may grant exceptions from this code section where appropriate and justified in light of unique project circumstances or conditions. Any such exception shall be conditioned upon the applicant providing alternative means of water conservation. For the purpose of this chapter, landscaped areas shall be defined as ornamental planted areas, patios, decks, walkways and natural areas (excluding creek setback zones) within that portion of the lot to be developed. Pools, ponds, and fountains will be considered on an individual basis.

(b)

Applicability:

(1)

The landscape chapter is applicable to all new and rehabilitated landscaping in projects that are subject to county discretionary review, including common areas. When two or more model homes are proposed in a residential complex, at least one shall comply with this ordinance. The low water use model home shall be identified with signage as water conserving.

(2)

The following projects are exempt from the landscape chapter:

a.

Landscaping on existing and proposed single family lots. It is recommended but not required that front yard landscaping installed by developers on existing and proposed single family lots comply with this chapter.

b.

Areas devoted to agricultural cultivation.

c.

Projects utilizing individual wells drawing groundwater for landscaping in water availability zones 1 and 2, as specified in the county general plan or by the county health department.

d.

Areas utilizing reclaimed wastewater for irrigation.

e.

Public parks, golf courses, cemeteries, school recreational areas, and private active use recreational areas where the applicant can demonstrate no other feasible alternative exists to turf ground cover.

(c)

Plant selection: Plants selected in landscaped non-turf areas shall be well suited to the climate of the region and require minimal water once established. Plants that are of a higher water use variety shall be grouped together and be irrigated separately from water conserving plants.

(d)

Turf selection and limitations: Turf shall be limited to twenty-five percent (25%) (or thirty percent (30%) for drought tolerant turf varieties) of the projects landscaped areas. Infill lots, corner lots, and other lots with more than one street frontage may be permitted to have turf up to thirty-five percent (35%) (or forty percent (40%)) for drought tolerant turf varieties) of the projects landscaped areas, where necessary to provide consistent streetscapes.

No turf shall be allowed:

(1)

In areas eight feet (8′) wide or less.

(2)

On slopes exceeding ten percent (10%), or twenty-five percent (25%) where other project water saving techniques can compensate for the increased runoff. A level buffer zone of eighteen inches (18″) shall be provided between bermed turf areas and any hardscape (i.e. streets, walkways, etc.).

(e)

Soil conditioning and mulching:

(1)

A minimum one foot (1′) depth of uncompacted soil shall be available for water absorption and root growth in planted areas.

(2)

Soil tests for horticultural suitability shall be required at time of landscape installation. Soil shall be prepared and/or am ended as appropriate.

(3)

A minimum of two inches (2″) of mulch shall be added in non-turf areas to the soil surface after planting. Plant types that are intolerant to mulch shall be excluded from this requirement. Non-porous material shall not be placed under the mulch.

(f)

Irrigation:

(1)

All landscaped areas shall be irrigated with an automatic system. Water efficient systems (drip, mini-spray, bubbler-type, etc.) shall be used whenever feasible. Low gallonage type sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and ground cover areas. Lawns shall be sized and shaped so they can be efficiently irrigated. Spray or run-off onto paved areas shall be avoided.

(2)

Dual or multi-program controllers with separated valves and circuits shall be used when the project contains more than one (1) type of landscape treatment (lawn, ground cover, shrub, tree areas, etc.), or a variety of solar aspects. Soil moisture sensing devices and rain sensors shall be used on larger projects fifty thousand (50,000) square feet or more of landscaped area) to minimize or eliminate over watering.

(3)

Watering shall be scheduled at times of minimal wind conflict and evaporation loss.

(4)

Sprinkler heads must have matched precipitation rates within each valve zone.

(5)

Check valves are required where elevation differential may cause low head drainage.

(6)

Within sixty (60) days of project completion, it is recommended a water audit be conducted by a certified consultant to insure efficient water usage.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-325.7. - Telecommunications facilities.

(a)

The following are the minimum criteria applicable to telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures or other conditions may also be necessary.

(1)

Except as noted, all telecommunication facilities shall comply with the following:

a.

Any applicable easements or similar restrictions, including open space easements, on the subject property.

b.

Any applicable provisions of the general plan or local coastal plan and the permit requirements of any agencies which have jurisdiction over the project.

c.

The regulations of any applicable combining district.

d.

The height of any free-standing facility shall include the height of any structure upon which it is placed.

e.

All setbacks shall be measured from the base of the tower closest to the applicable property line or structure.

f.

The facility shall be operated so that they shall not result in human exposure to non-ionizing electromagnetic radiation (NIER) in excess of the levels specified in the most current standard governing human exposure to NIER utilized by the Federal Communications Commission (FCC) in its licensing decision for the applicable facility. The applicant shall be responsible for demonstrating that the proposed facility will comply with this standard and may do so in any one of the following ways:

1.

Provide evidence in the form of an FCC license or construction permit that the FCC has accepted the applicant's certification that the facility meets the FCC standard.

2.

Provide evidence that the FCC has categorically excluded the applicant from demonstrating compliance with the FCC standard.

3.

Provide an independent analysis by or on behalf of the applicant which demonstrates that the facility will comply with the FCC standard by such calculations and measurements as may be necessary. The calculations, measurements, and all related methods utilized to determine compliance shall be consistent with FCC policies and procedures.

g.

Replacement of aging, defective, or obsolete legally-established antennas or towers is permitted without new zoning or use permit approval, provided that such replacement does not increase the height or result in a substantial change in the appearance of the facility. A legal non-conforming facility may be expanded one time not to exceed ten percent (10%) of the total existing silhouette, subject to all other applicable requirements of the Sonoma County Code.

h.

In the event that a proposed telecommunication facility does not meet the required standards for such facility in the applicable district, it may be considered as the next larger facility, subject to the criteria therefor. For example, a minor facility that exceeds the allowed silhouette limit may be considered as an intermediate facility requiring a use permit, or an attached facility that exceeds the allowed silhouette limit may be considered as a minor facility requiring a zoning permit.

i.

The site shall be restored to its natural state within six (6) months of termination of use or abandonment of the site. Applicant shall enter into a site restoration agreement subject to the approval of the director of PRMD and county counsel.

As part of the agreement, the applicant shall commit to the following: where future technological advances would allow for reduced visual impacts resulting from the proposed wireless communication facility, the applicant agrees to make those modifications that would reduce the visual impact of the proposed facility.

(b)

In addition to the standards of subsection a. above, attached commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(1)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include support cables and guy wires as part of the silhouette calculation.

(2)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(3)

Antennas shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(4)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(5)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(c)

In addition to the standards of subsection a. above, free-standing commercial telecommunication facilities shall meet, at a minimum, the following criteria:

(1)

Potential adverse visual impacts which might result from project related grading or road construction shall be minimized.

(2)

Facility towers, antennas, and other structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings so as to minimize visual impacts and to achieve compatibility with neighboring residences and the character of the community to the extent feasible considering the technological requirements of the proposed telecommunication service.

(3)

Potential adverse impacts upon nearby public use areas such as parks or trails shall be minimized.

(4)

Following assembly and installation of the facility, all waste and debris shall be removed and disposed of in a lawful manner.

(5)

Significant adverse impacts on biotic resources, including any threatened, rare or endangered species, shall be mitigated.

(6)

Drainage, erosion, and sediment controls shall be required as necessary to avoid soil erosion and sedimentation of waterways. Structures and roads on slopes of thirty percent (30%) or greater shall be avoided. Erosion control measures shall be incorporated for any proposed facility which involves grading or construction near a waterway or on lands with slopes over ten percent (10%). Natural vegetation and topography shall be retained to the extent feasible.

(7)

The project description and permit shall include a specified maximum allowable silhouette of the facility. The silhouette shall be measured from the "worst case" elevation perspective, but shall not include support cables and guy wires as part of the silhouette calculation.

(8)

A single vertical antenna not exceeding twenty-five feet (25′) in height or four inches (4″) in diameter may be included on a tower without being considered in the measurement of the height or silhouette of the facility.

(9)

Upon abandonment or termination, the entire facility, including all equipment, towers, antennas, etc, shall be removed and the site restored to its pre-construction condition or other authorized use.

(10)

The owner/operator of any facility that causes interference with local television or radio reception shall be responsible for mitigation of such interference in accordance with the operator's applicable FCC license requirements.

(11)

Facilities shall be designed so as to provide adequate warning of potential hazards as well as location and operator identification and telephone number for public contact. Facilities may also be required to provide anti-climb devices or other security measures.

(12)

The facility operator and property owner are encouraged to make available unutilized space for future co-located or multiple-user telecommunication facilities, including space for those entities providing similar, competing services.

(13)

All applications for zoning permits or use permits shall include a statement or other documentation that all owners of property within three hundred feet (300′) of the subject property have been provided with a written notification of the filing of the application.

(14)

An alternatives analysis (required for major free-standing facilities in all districts and for intermediate free-standing facilities in the AR, RR, R1, R2, and PC districts with a UR or RR land use designation) shall include the following content:

a.

A topographic map of the proposed local service area which identifies the local network of facilities with which the proposed facility will connect.

b.

A small scale map of the applicable franchise area which identifies the regional network of facilities with which the local network will connect.

c.

Identification of the following on the local topographic map:

1.

All other existing telecommunication facilities, including those owned or operated by the applicant for the same type of service, and those which provide other wireless services which could potentially support the proposed facility.

2.

All other existing structures which might provide an opportunity for attached facilities.

3.

Lands which are zoned for commercial or industrial use.

4.

Lands which are designated as open space.

d.

Identification of any existing service gaps in the proposed local service area as well as any service gaps which may remain in the event that the proposed facility is approved and constructed.

e.

Identification of at least two (2) alternative service plans which could provide comparable service to the intended service area. An explanation must be included if there are not at least two (2) alternative plans. Alternatives which do not produce a minimum quality signal, or which would substantially interfere with another service do not need to be included.

f.

The alternatives should include a mix of service strategies which incorporate existing, attached, and/or other free-standing facilities. The alternatives analysis for a facility proposed within a designated scenic resource area and/or a residential zone (AR, RR, R1, R2, or PC with a UR or RR land use designation) shall include any feasible alternatives outside these respective areas. They should also be designed to offer clear tradeoffs involving:

1.

The level of service provided.

2.

The number of towers.

3.

Variety in tower heights and silhouettes.

4.

Potential visual impacts.

5.

Residential proximity and compatibility.

6.

Proximity to service area.

7.

Other applicable potential environmental impacts.

(15)

A description of each alternative, including its ancillary equipment and structures and associated roads and compare and contrast the alternatives using the above factors. The alternative plans need not be analyzed at the same level of detail as the proposed project, but the justification for selection of the proposed project must be presented.

(16)

Tower setbacks may be waived under any one of the following circumstances:

a.

The facility is proposed to be co-located onto or clustered with an existing, legally-established telecommunication facility.

b.

All of the owners of affected properties agree to the reduced setback. A property is considered affected if its dwelling unit lies within a distance equivalent to the required setback for the subject tower prior to reduction and the reduced setback would result in the tower being located closer to the dwelling unit than the above setback would otherwise allow.

1.

Overall, the reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible.

(17)

Approval of all commercial facilities is subject to the decision-making body finding that the proposed site results in fewer or less severe environmental impacts than any feasible alternative site.

(b)

Additional standards for telecommunication facilities pertaining to specific districts.

(1)

LIA, LEA, DA, RRD, RRDWA, AS, TP districts:

a.

Attached commercial facilities may be flush-mounted on the side or roof of a structure but are subject to a limit of five (5) square feet of silhouette above the structure ridge line or twenty-five (25) square feet above the roof of any single structure and a cumulative total silhouette for all attached commercial antennas on the subject lot of one hundred (100) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the silhouette would be effectively unnoticeable.

b.

Minor free-standing commercial facilities shall meet the following standards:

1.

Towers shall be set back from the nearest offsite dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to Section 325.7.1.c.(16).

2.

The cumulative total silhouette of the facilities on the subject lot shall not exceed one hundred and sixty-five (165) square feet at full design capacity.

c.

Intermediate and major free-standing commercial facilities shall meet the following standards:

1.

Towers shall meet the setback standards of Section 26C-325.7 (j)2. a. (b) 1.

2.

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of Section 26C-450 (j) 1. c.(14).

3.

A visual analysis.

(2)

AR, RR, R1, and R2 and PC districts:

a.

Attached commercial facilities may be flush-mounted on the side or roof of a structure but the cumulative total silhouette of all attached commercial antennas on the subject lot shall not exceed five (5) square feet above structure ridge lines or fifteen (15) square feet above the roofs of structures. The director may allow these silhouette limits to be exceeded without requiring a zoning or use permit provided that the silhouette would be effectively unnoticeable.

b.

Minor free-standing commercial facilities shall meet the following:

1.

Towers shall be set back from the nearest offsite dwelling unit by a minimum distance equivalent to one hundred ten percent (110%) of the height of the facility or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to Section 26C-325.7 (j) 1. c. (16).

2.

The cumulative total silhouette of the facilities on the subject lot at full design capacity shall not exceed seventy (70) square feet in the AR and RR districts and shall not exceed forty five (45) square feet in the R1, R2, and R3 districts.

c.

Intermediate and major free-standing commercial facilities shall not be approved in these districts unless allowed by the base district and unless the applicant demonstrates to the satisfaction of the decision-making body that there is no technically feasible alternative site(s) or strategy which would provide the needed service on lands which are not zoned AR, RR, R1, R2, or PC with a UR or RR land use designation. In addition to such demonstration, the project shall meet the following standards:

1.

An alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of Section 26C-325.7 (j) 1. c.(14).

2.

A visual analysis, which may include photo montage, field mock up, or other techniques, shall be prepared by or on behalf of the applicant which identifies the potential visual impacts, at design capacity, of the proposed facility. Consideration shall be given to views from public areas as well as from private residences. The analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable telecommunication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service.

(3)

CS district:

a.

Attached commercial facilities may be flush-mounted on the side or roof of a structure but the cumulative total silhouette of all attached commercial antennas on dwelling units on the subject lot shall not exceed five (5) square feet above structure ridge lines or fifteen (15) square feet above the roofs of residential structures.

b.

Minor and intermediate free-standing commercial facilities fifty feet (50′) or less in height shall meet the following:

1.

Towers setbacks shall be the same as those for other structures in the base district.

2.

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred and ten (210) square feet at full design capacity.

c.

Intermediate free-standing commercial facilities greater than fifty feet (50′) shall meet the following:

1.

Towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, R3, or PC with a UR or RR general plan land use designation and shall meet the yard requirements of the applicable base district, provided that such setbacks may be waived pursuant to Section 26C-325.7 (j) 1. c. (16).

2.

A visual analysis.

(4)

CT, C2, and CF districts:

a.

Attached commercial facilities may be flush-mounted on the side or roof of a structure but the cumulative total silhouette of the antennas on dwelling units on the subject lot shall not exceed five (5) square feet above structure ridge lines or fifteen (15) square feet above the roof of residential structures.

b.

Minor and intermediate free-standing commercial facilities eighty feet (80′) or less in height shall meet the following:

1.

Towers setbacks shall be the same as those for other structures in the base district.

2.

The cumulative total silhouette of the facilities on the subject lot shall not exceed two hundred and ten (210) square feet at full design capacity.

c.

Intermediate and major free-standing commercial facilities greater than eighty feet (80′) shall meet the following:

1.

For intermediate facilities, towers shall be set back by a minimum distance equivalent to fifty percent (50%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to Section 26C-325.7 (j) 1. c. (16).

2.

For major facilities, towers shall be set back by a minimum distance equivalent to one hundred percent (100%) of the height of the facility from the property line of any property zoned AR, RR, R1, R2, or PC with a UR or RR general plan land use designation or the yard requirements of the applicable base district, whichever is more restrictive, provided that such setbacks may be waived pursuant to Section 26C-325.7 (j) 1. c. (16).

3.

For any proposed major facility, an alternatives analysis shall be prepared by or on behalf of the applicant, subject to the approval of the decision making body, which meets the requirements of Section 26C-325.7 (j) 1. c. (14).

4.

A visual analysis.

(Ord. No. 5318 § 1, 2001.) 26C-325.7

Sec. 26C-325.8. - Small wind energy systems.

This section establishes standards for the siting and operation of small wind energy systems. This section is intended to implement the requirements of Government Code section 65892.13, while protecting the scenic and natural resources of the county and the health, safety and welfare of its residents to the extent permitted by law.

(a)

Permit Requirements. Small wind energy systems shall require a coastal permit and either a zoning permit or use permit, depending on their location, as provided in the regulations for the base districts in which they are allowed. Small wind energy systems shall be subject to design review approval in compliance with Article XXIX of this chapter. Notice for public hearings required prior to use permit approval shall comply with the requirements of Section 26C-331. Use permit procedures may be waived pursuant to Section 26C-320(g) for small wind energy systems that have towers which do not exceed forty (40′) feet in height and are located within a county-designated urban service area or within two thousand five hundred (2,500′) feet of a county-designated urban service area.

(b)

Application Requirements. Applications for small wind energy systems shall include all information and materials required by Section 26-337 and the following:

(1)

Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code and certification by a California-licensed mechanical, structural or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Uniform Building Code Seismic 4) and the weakest soil class, with a soil strength of not more than one thousand (1,000) pounds per square foot;

(2)

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code;

(3)

Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity;

(4)

Evidence that the provider of electric utility service to the parcel on which the system is to be located has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid;

(5)

Evidence that the height of the system's tower does not exceed the height recommended by the manufacturer or distributor of the system;

(6)

A preliminary title report for the parcel on which the system is to be located dated no more than thirty (30) days prior to the filing of the application;

(7)

Evidence that decibel levels for the system comply with the provisions of subsection (d) of this section;

(8)

Color samples of the system's tower and any supporting structures;

(9)

Where the parcel on which the system is to be located is in the SR or SD combining district, visual simulations showing the system's tower superimposed on photographs of the site and surroundings as viewed from neighboring residences and public roads, public trails and other public areas at varying distances, to assist the decision maker and the public in assessing the visual impacts of the system and its compliance with the provisions of this section.

(c)

Limitations on Location. Small wind energy systems shall not be located on a site that is:

(1)

Within a scenic corridor identified by the open space element of the general plan;

(2)

Within a special studies zone established in compliance with the Alquist-Priolo Earthquake Fault Zoning Act;

(3)

Subject to a conservation easement established in compliance with Civil Code Section 815 et seq., that prohibits small wind energy systems;

(4)

Subject to an open space easement established in compliance with Government Code Section 51070 et seq., that prohibits small wind energy systems;

(5)

Subject to an agricultural conservation easement established in compliance with Government Code Section 10200 et seq., that prohibits small wind energy systems;

(6)

Subject to a Williamson Act contract established in compliance with Government Code Section 51200 et seq., that prohibits small wind energy systems; or

(7)

Listed in the National Register of Historic Places, or the California Register of Historic Resources, in compliance with Public Resources Code Section 5024.1, or contains a structure that is so listed.

(d)

Development Standards. Small wind energy systems shall comply with the following standards:

(1)

The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel lines, and a minimum distance of ten (10′) feet from any other structure on the parcel on which the system is located. On parcels of ten (10) acres or more, the parcel line setback may be reduced if the applicant demonstrates that:

(i)

Because of topography, strict adherence to the setback requirement would result in greater visibility of the system's tower than a reduced setback, and

(ii)

The system's tower is set back a minimum distance equal to the height of the tower from any structure on adjoining parcels;

(2)

The system's tower and supporting structures shall comply with any applicable fire setback requirements in the fire safe standards (Chapter 13, Article V of this code);

(3)

The system's tower shall not exceed a maximum height of forty (40′) feet on a parcel of less than one (1) acre, a maximum of sixty-five (65′) feet on a parcel of one (1) to less than five (5) acres, and maximum height of eighty (80′) feet on a parcel of five (5) acres or more;

(4)

The system's tower shall be set back from and not project above the top of any visually prominent ridgeline;

(5)

The system's tower shall not significantly impair a scenic view shade area designated on the local coastal plan visual resource maps;

(6)

The system's tower shall not significantly impair a scenic vista from a county-designated or state designated scenic corridor;

(7)

The system's tower shall be located and screened by landforms, natural vegetation or other means to minimize visual impacts on neighboring residences and public roads, public trails and other public areas;

(8)

The system's tower and supporting structures shall be painted a single, neutral, non-reflective, non-glossy (for example, earth-tones, gray, black) that, to the extent possible, visually blends the system with the surrounding natural and built environments;

(9)

The system's turbine shall be approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the commission's Renewables Investment Plan or certified by a national program recognized and approved by the commission;

(10)

The system shall be designed and constructed in compliance with the Uniform Building Code and National Electric Code. The safety of the design and construction shall be certified by a California-licensed mechanical, structural or civil engineer;

(11)

The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code);

(12)

The system shall be equipped with manual and automatic over speed controls. The conformance of rotor and over speed control design and fabrication to good engineering practices shall be certified by a California-licensed mechanical, structural or civil engineer;

(13)

The system's tower-climbing apparatus and blade tips shall be no closer than fifteen (15′) feet from ground level unless the system is enclosed by a six (6′)-foot high fence;

(14)

The system's utility lines shall be underground where economically practical;

(15)

Where vegetation is removed in the construction of the system or an access road to the system, landscaping shall be planted to minimize visual impacts, avoid erosion and maintain stability of soils;

(16)

The system shall be operated such that no electro-magnetic interference is caused;

(17)

The system's maximum power shall not exceed ten (10) KW;

(18)

No more than one (1) system shall be allowed on a parcel;

(19)

Decibel levels generated by the system shall not exceed the maximum noise levels applied pursuant to the noise element of the general plan, except during short-term events including utility outages and severe wind storms;

(20)

Brand names or advertising associated with the system or the system's installation shall not be visible from any public place;

(21)

Sign warning of high voltage electricity shall be posted on stationary portions of the system's tower and any supporting structures, and at gated entry points to the site at a height of five (5′) feet above the ground;

(22)

Upon abandonment or termination of the system's use, the entire facility, including the system's tower, turbine, supporting structures and all equipment, shall be removed and the site shall be restored to its pre-construction condition or other authorized use.

(Ord. No. 5436 § 2(ee), 2003: Ord. No. 5362 § 2(q), (r), 2002; Ord. No. 5343 § 6, 2002.)

Sec. 26C-325.9. - Agricultural farmstays.

(a)

Agricultural farmstays shall be permitted only in compliance with the requirements and standards of this section and all other requirements of the applicable zoning district, subject to the issuance of a use permit. The term of the zoning permit shall expire upon sale or transfer of the property or upon the owners moving their primary residence off the property, unless there is a tenant farmer continuing to operate the farm and farmstay.

(b)

Performance Standards.

1.

Where Allowed. Agricultural farmstays shall be located on and be part of an agricultural that produces agricultural products as its primary source of income. The agricultural farmstay lodging and meals shall be incidental to the primary agricultural operation.

2.

Dwellings Allowed. Agricultural farmstays shall be provided in the primary residence or guest house on the property, and not in agricultural employee housing, seasonal or year-round farmworker housing, farm family dwellings, or second dwelling units. Tents and recreational vehicles ((RV's) are not allowed as a part of an agricultural farmstay.

3.

Owner/Operator in Residence. The owner, or tenant farmer, of the land on which an agricultural farmstay facility is located shall reside on the property. A homeowner's Exemption from property tax or lease agreement shall constitute evidence of this requirement.

4.

Maximum Number of Bedrooms and Guests. Agricultural farmstays may have a maximum of five (5) guest bedrooms or sleeping rooms. The maximum overnight occupancy for agricultural farmstays shall be two (2) persons per sleeping room or bedroom (except children under three (3) years of age). If a lower limit is stated on the septic permit, the maximum overnight occupancy shall be that stated on the septic permit.

5.

Food Service. An agricultural farmstay facility may serve food only to registered guests and may serve meals at any time. The price of food shall be included in the price of the lodging. An agricultural farmstay facility shall maintain a food facility permit as required by the Health and Safety Code.

6.

Agricultural Promotion. The operator of the farmstay establishment shall engage in a program of agricultural promotion and guest education regarding the agricultural activities onsite and in the area, which may include active participation in the on-site agricultural activities as part of the consideration for the lodging.

7.

Noise Limits. All activities associated with the agricultural farmstay shall meet the general plan noise standards contained below.

The sound level exceeded n% of the time in any hour. For example, the L50 is the value exceeded fifty percent (50%) of the time or thirty (30) minutes in any hour; this is the median noise level. The L02 is the sound level exceeded one (1) minute in any hour.

8.

Special Events. Non-agricultural activities or special events that involve more than the registered guests are not allowed, except that occasional cultural or special events, parties, weddings or other similar activities may be permitted only with a special event zoning permit up to four (4) times per year.

9.

Septic Systems and Sewer Connections. The owner shall maintain a properly functioning septic system or sewer connection. In some cases, a per-room sewer fee may be applied.

10.

Transient Occupancy Tax. The agricultural farmstay owner shall maintain a transient occupancy tax license and remain current on all required reports and payments.

(Ord. No. 5963, § X, 1-31-2012)

Sec. 26C-326. - Affordable housing; requirements for long-term affordability and design and construction.

(a)

Purpose. This section is intended to implement the provisions of Section 3.1 et seq. of the general plan housing element, Sections 65915 and 65916 of the Government Code, and Section VII of the local coastal plan concerning density bonuses. Any affordable housing project shall comply with the provisions of this section.

(b)

Affordable housing agreement required. The obligations undertaken by a developer in exchange for subsidies for construction of an affordable housing project authorized by state law and the housing element shall be secured by the developer's execution of an affordable housing agreement. The agreement shall include, at a minimum, provisions that the lots or the units thereon shall be reserved for sale or rent as the case may be to moderate, lower, or very low income households in accordance with the approved project and the provisions of Section 3.1 of the housing element. The agreement shall be subject to review and approval by the county counsel and the executive director of the community development commission, and include the following provisions:

1.

Occupancy standards.

(i)

Income eligibility criteria for defining affordability.

(ii)

The actual affordable sales prices or rents for affordable units, as determined by the community development commission. The community development commission may from time to time revise the sales prices in response to changes in the real estate market.

(iii)

Certification and selection of buyers or renters, as the case may be. One of the criteria for certification and selection of buyers of ownership housing shall be that the purchaser be a first-time home buyer.

2.

Term of resale and rental restrictions; first right of refusal; silent second mortgage.

(i)

A guarantee of initial sale of all moderate income units to moderate income households, and initial sale or rent and continued affordability of all units affordable to lower and very low income households, for the longest term permitted by law.

(ii)

A provision that the first sale of a targeted dwelling to a lower or very low income household include an assignable first right of refusal to the community development commission to purchase such unit on the occurrence of a subsequent sale.

(iii)

A provision that a silent second mortgage be recorded against the property at the time of transfer of a dwelling targeted for ownership by a low or very low income household at the time of the initial sale.

(iv)

A provision to maintain all qualifying rental units for thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, provided however, that if the county does not grant at least one (1) additional incentive pursuant to Section 26C-326.1 in conjunction with the grant of a density bonus, the agreement shall provide for the continued affordability for ten (10) years of all qualifying units. For purposes of interpreting and implementing this section, grant of a density increase pursuant to a housing opportunity area policy shall be construed to be an additional incentive within the meaning of Sections 26C-326.1. The thirty (30) or ten (10) year term, as the case may be, shall commence on the date of recording of the notice of completion of the unit or units.

(v)

Provisions for a fair and equitable tenant selection process to insure the selection of eligible tenants. Selection criteria may include, but not limited to, amount of household income and assets, household size, and the size of available units. In addition, priority may be given, first, to current residents of Sonoma County, and second, to persons employed in Sonoma County.

(vi)

A provision that the community development commission receive all applicable fees as may be established by resolution of said commission from time to time.

3.

Domiciliary criteria; ownership units.

(i)

A provision that all required affordable housing shall be the principal place of residence of the purchaser. Principal place of residence shall mean the place where one actually lives for the greater part of the time, or the place where one remains when not called elsewhere for some temporary or special purpose and to which one returns frequently and periodically, as from work or vacation.

(ii)

A provision that preference shall be given to current residents of the county of Sonoma in the sale or rental of such affordable housing to the extent allowed by law.

(c)

Long-term affordability requirements to be junior to construction and permanent financing loans. The board of supervisors finds and determines that a majority of the financial institutions and lenders which make or insure construction and long-term loans on affordable housing projects will not make such loans where a project is subject to locally-imposed long-term affordability restrictions. Therefore, to ensure that the requirements for long-term affordability set out in this chapter will not impede the financing necessary to ensure the construction of new affordable housing projects, the board of supervisors will subordinate said requirements to construction and long-term permanent financing.

(d)

The project review and advisory committee and the design review committee shall not have the authority to waive the requirements of Section 26C-326 where such requirements are applicable to a project approved by either of these committees.

(e)

Standards for qualifying units. Qualifying units shall meet the following standards:

1.

Design and construction.

(i)

Qualifying units shall be constructed concurrently with the other units in a residential development. Where the phasing of construction is necessary, each phase shall provide the required ratio of qualifying units to market-rate units.

(ii)

Qualifying units shall be integrated into the overall design and distributed throughout the development in which they are located. To assist affordability of the qualifying units, amenities of qualifying units may be fewer or of lesser quality than that of the market rate units. Otherwise, these units shall generally be of similar quality and shall have similar amenities as the market-rate units, and their exterior materials and appointments shall be architecturally compatible with the market-rate units in the development. The average size (in square footage) of the qualifying units shall be at least seventy-five percent (75%) of the average size (in square footage) of the market rate units.

(iii)

The mix of unit sizes and bedroom counts in the qualifying units may be similar to the mix of unit sizes and bedroom counts provided in the development as a whole. The sizes and bedroom counts of the qualifying units may, however, be less than that of the market rate units to assist affordability of the qualifying units (subject to the size limit in subsection (ii) above).

(iv)

Developers shall not offer upgrades of materials to buyers where such upgrades would increase the price of the dwelling above the specified affordable sales price.

2.

Occupancy standards for qualifying units. The affordable housing agreement shall provide that qualifying units are to be sold or rented only to households certified by the community development commission as very low or lower income.

3.

Specific standards for ownership qualifying units. The affordable housing agreement shall incorporate the following standards:

(i)

Price levels. Ownership qualifying units shall be offered at sales prices that are considered affordable to very low, lower or moderate income households, as established annually by the community development commission based upon income limits published by the United States Department of Housing and Urban Development.

(ii)

Buyer certification and selection. Qualifying units shall be sold to households certified by the community development commission. Buyers eligible to purchase qualifying units will be selected by the developer in accordance with a marketing program approved, in advance, by the director of the community development commission. The marketing program shall set forth an equitable selection process to be used for the marketing of the affordable units. Selection criteria may include, but not be limited to, household income and assets, household size, and the size of available units. In addition, priority may be given, first, to current residents of Sonoma County, and second, to persons employed in Sonoma County.

(iii)

Guarantee of continued affordability. The following provisions shall apply to all dwelling units required to be affordable to lower or very low income households:

(A)

Silent second mortgages. A silent second mortgage shall be recorded against each parcel.

(B)

First right of refusal; notice of intended sale. An option agreement shall be recorded as part of the grant deed to the first eligible home buyer, which agreement shall provide the community development commission with a first right to either purchase the qualifying unit at the fair market value or assign said commission's first right to a third party, for a specified period of time (typically thirty (30) years) upon notice by the owner that the property will be offered for sale.

(C)

Notice of intent to exercise option. Within forty-five (45) days from the date of receipt of the owner's notice of intent to sell the parcel, the community development commission or assignee, as the case may be, shall notify the owner of the property said commission's or assignee's intent to exercise the option. In the event that the commission or its assignee elects to exercise the option to purchase a property, such option to purchase shall be completed within ninety (90) days from the date of receipt of the owners notice of intent to sell the property.

(D)

Exercise of option. Should the community development commission elect to exercise its option to purchase the parcel, the seller shall pay said commission a fee equal to two percent (2%) of the resale price. In addition, said commission shall receive the proceeds from the silent second mortgage at the time of resale.

(E)

Failure to exercise option. Should the community development commission elect not to exercise its option to purchase the parcel, said commission shall receive the proceeds from the silent second mortgage at the time of the sale of the parcel to a third party.

4.

Specific standards for rental qualifying units.

(i)

Rent levels. Rental qualifying units shall be offered at rent levels that are considered affordable to very low or lower income households, as established annually by the community development commission based upon income limits published by the United States Department of Housing and Urban Development.

(ii)

Tenant certification and selection. Rental qualifying units are to be rented to households certified by the community development commission. Owners of rental qualifying units must make available to the authorized staff of the community development commission adequate records, as determined by the community development commission in order to prove to the county that all tenants occupying the designated affordable rental units are eligible under the term of Section 26C-326 and the affordable housing agreement.

(f)

Silent second mortgages.

The following shall apply to silent second mortgages:

1.

The term of a silent second mortgage shall generally be thirty (30) years.

2.

The silent second mortgage shall secure the repayment upon resale of any direct subsidy funds, such as: community development block grant funds, redevelopment agency housing set-asides or such other federal, state or local program funds used in the acquisition of land for the development or construction of said unit, and any pre-development and construction assistance.

(i)

In no case shall the payoff amount of the silent second mortgage be less than the principal amount of the silent second mortgage (the difference between the appraised value of an affordable unit and the affordable sales price established for sale of the unit to either an eligible lower or very low income buyer) plus the value of the community development commission's share of the increase in equity.

(ii)

The commission's share of said increase in equity shall be the product of the total equity increase multiplied by the ratio of the principal amount of the silent second mortgage to the appraised value on which the silent second mortgage amount is based.

3.

Notwithstanding the requirements of subsection (f)(2) above, where the repayment of a silent second mortgage occurs at a time when the fair market value of the dwelling is equal to or less than the market value at the time of sale, the repayment formula for the silent second mortgage should protect the home buyer's original down payment amount. Under such circumstances, the payoff amount could be less than the original principal amount of the silent second mortgage.

4.

Use of proceeds from silent second mortgages.

(i)

All proceeds from a silent second mortgage received by the community development commission shall be placed in the affordable housing trust fund and be used to fund the conservation, rehabilitation, and construction of permanent rental housing and/or to fund any other housing programs authorized by the community development commission or the board of supervisors which is affordable to lower and very low income households.

(ii)

Notwithstanding the provisions of subsection (4)(i), above, where said commission elects to exercise its option to purchase the dwelling, or the owner locates a buyer who qualifies at the same income level as the seller originally qualified, and meets the qualifying, occupancy, and specific standards for ownership units set forth in Section 26C-326.1, the proceeds of the silent second mortgage may be applied to the sale of said unit in the form of a new silent second mortgage.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-326.1. - Affordable housing; density bonus.

(a)

This is an incentive program that allows developers of any one of the types of residential projects described in Government Code Section 65915(b), and which complies with all standards set forth in Government Code Section 65915, to build no more than twenty-five percent (25%) more units than a property's zoning would ordinarily allow. In exchange for this density bonus, the owners must make the units affordable for thirty (30) years if an incentive is utilized in addition to a density bonus specified in Government Code Section 65915(b), or for ten (10) years if a second incentive is not utilized.

(b)

The purpose of this section is to:

1.

Increase the supply of housing units in the unincorporated area for very low and lower income and senior households who are most in need of housing, by offering a density bonus and other incentives to developers of new residential developments that include housing units for very low or lower income, or senior households;

2.

Implement the state density bonus law (Secs. 65915, 65915.5, 65916, and 65917 of the State Government Code or their successors) and;

3.

Implement policy HE-1c of the housing element of the Sonoma County General Plan.

4.

Implement Section VII-housing of the local coastal plan.

(c)

Requirements to qualify for minimum density bonus of twenty-five percent (25%) and additional incentive. In addition to the maximum density of residential development allowed by zoning on a given parcel, a twenty-five percent (25%) density bonus and at least one (1) other incentive shall be granted unless it is found that the additional incentive is not required in order to provide for affordable housing costs or rents. In the coastal zone, the otherwise maximum allowable residential density shall mean the maximum density determined by applying all site-specific environmental development constraints applicable under the coastal zoning ordinances and land use element certified by the coastal commission. The density bonus shall be applicable to housing development consisting of five or more units.

(d)

Any housing development approved pursuant to Government Code Section 65915 shall be consistent, to the maximum extent feasible and in a manner most protective of coastal resources, with all otherwise applicable certified local coastal program policies and development standards. If the county approves development with a density bonus and the one mandatory incentive, the county must find that the development, if it had been proposed without the twenty-five percent (25%) density increase and the one mandatory incentive, would have been fully consistent with the policies and development standards of the certified local coastal program. If the county determines that the means of accommodating the density increase and the one mandatory incentive proposed by the applicant will have an adverse effect on coastal resources, before approving a twenty-five percent (25%) density increase and the one (1) mandatory incentive, the county shall identify all feasible means of accommodating the increase and the one (1) mandatory incentive and consider the effects of such means on coastal resources. The county shall require implementation of the means that are most protective of significant coastal resources.

(e)

In addition to the density bonus and incentive provided for in subsection(c) above, at least one (1) additional incentive, determined on a case-by-case basis, may be offered when one (1) of the following requirements are met:

1.

Ten percent (10%) of the total units will be constructed for very low income households; or

2.

Twenty percent (20%) of the total units will be constructed for lower income households; or

3.

Fifty percent (50%) of the total units will be constructed for senior households;

If the county determines that the additional development incentive requested by an applicant pursuant to this section will not have any adverse effects on coastal resources, the county may grant the requested incentive. If the county determines that the requested incentive will have an adverse effect on coastal resources, the county shall consider all feasible alternative incentives and the effects of such incentives on coastal resources. The county may grant one (1) or more of those incentives that do not have an adverse effect on coastal resources and is fully consistent with the policies and standards of the certified LCP. For the purposes of this section, "coastal resources" means any resource which is afforded protection under the policies of Chapter 3 of the coastal act, California Public Resources Code Section 30200 et seq., including but not limited to public access, marine and other aquatic resources, environmentally sensitive habitat, and the visual quality of coastal areas.

(f)

Incentives. At least one (1) of the following incentives are guaranteed for all projects eligible for a density bonus, unless it is found that the additional incentive is not required in order to provide for affordable housing costs or rents. Incentives shall be chosen consistent with the requirements of Section 26C-326.1(d). The incentives are as follows:

1.

Parking standard reduction of one (1) space per dwelling unit (for all units in the project),

2.

A twenty percent (20%) reduction of the open space required by the zoning ordinance (if any),

3.

A twenty percent (20%) reduction of minimum lot size for all units in the project,

4.

A twenty percent (20%) reduction of minimum lot width for all units in the project,

5.

A five-foot (5′) reduction in side-yard setbacks and a ten-foot (10′) reduction in front yard setbacks for all units in the project (in no event, however, shall front yard setbacks be less than ten feet (10′)).

6.

Additional modification of zoning code requirements (e.g. minimum open space, minimum lot size, setbacks, parking standards); or,

7.

Allowance of other regulatory incentives or measures which can be shown to result in construction cost reductions, without compromising public policy (e.g. additional density bonuses, use of redevelopment funds or powers, if any, or other publicly assisted financing), or adversely affecting coastal resources.

(g)

More than one (1) of these additional incentives may be granted if the project applicant demonstrates that the project meets other housing element goals (e.g. provision of housing for seniors, special housing needs individuals, etc) and is consistent with the requirements of Section 26C-326.1(e).

(h)

Method of calculating the number of base, qualifying and density bonus units:

(1)

When calculating the base number of dwelling units permitted under the current coastal plan, or zoning, any decimal fraction shall be disregarded.

(2)

Density bonus units shall not be counted when determining the number of qualifying units in a residential development.

(3)

When calculating the number of qualifying units required, any decimal fraction shall be counted as a whole unit.

(i)

Procedure for granting of density bonus and incentives; preliminary application. A developer may submit to the county permit and resource management department a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any application for approval (such as a general plan amendment, rezoning, tentative subdivision map, or design review approval). Any such preliminary proposal shall include the following:

(1)

A description of the project, specifying the total number of units, the number of units by number of bedrooms, and the location of the qualifying units;

(2)

The type of incentive(s), of those referenced in Section 26C-326.1(e) is being requested, if any;

(3)

A statement as to how the granting of any additional incentive meets other housing element goals (e.g. provision of housing for seniors, special housing needs individuals, etc.).

(4)

A statement as to how the granting of any additional incentive will not have an adverse effect on coastal resources and is fully consistent with the policies and standards of the certified LCP.

(5)

A statement as to how the granting of that incentive will improve the financial feasibility of the project and assist the developer in providing the qualifying units.

(6)

Within sixty (60) days of receipt of a preliminary proposal, the county department of permit and resource management shall notify the developer in writing of the manner in which the county will comply with this section. The report to the developer will include confirmation of the maximum density by the current zoning applicable to the subject parcel, the number of density bonus units that will be allowed, and which incentive, of those listed in Section 26C-326.1(f), will be offered by the county pending formal approval by the body deciding the application. In reviewing any such request, the permit and resource management department may consult with other departments and agencies.

(7)

Formal approval and granting of density bonus/incentive. The density bonus and incentive, shall be officially granted as part of the county's formal approval of any project if consistent with all requirements of this section (i.e. at the time of approval of any general plan amendment, LCP amendment, coastal development permit, rezoning, subdivision, use permit, design review, or any other planning permit required for the project). At the time of formal approval, the county shall also waive or modify any standards which have been offered.

(8)

Affordable housing agreement required. Upon formal approval of the project, and prior to the taking of any ministerial action by the county concerning the project, including, but not limited to, the recording of a final subdivision map, or the issuance of building permits, the developer shall execute an affordable housing agreement pursuant to Section 26C-326. Said housing agreement shall be recorded along with the final subdivision map, or prior to the issuance of building permits, whichever occurs first.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-326.2. - Affordable housing—Housing opportunity areas.

(a)

Location.

(1)

Type A housing opportunity areas are established in "medium density residential seven (7) or eight (8) dwelling units per acre" areas depicted on the coastal plan land use maps which are zoned R2 (medium density residential).

(2)

Type C housing opportunity areas are permitted in "low and medium density residential four (4) to six (6) dwelling units per acre" areas depicted on the general plan land use maps which are zoned R1 (low density residential) or R2 (medium density residential).

(b)

Density Increase. An increase in the residential density is permitted subject to compliance with the affordability requirements contained in the general plan housing element, the requirements of the coastal plan, and this section.

(c)

Criteria for approval of type A and C projects.

(1)

General Requirements.

(i)

The terms of affordability shall be contained in an affordable housing agreement pursuant to Sections 26-88-120 and 26C-326.

(ii)

Only housing developments consisting of five (5) or more dwelling units may be approved for under the type A and type C programs.

(iii)

No property may be approved for an increase in density pursuant to housing opportunity type A or type C programs unless the project:

a.

Is adequately served by public sewer and public water, police, public transit, fire protection and schools;

b.

Complies with the provisions of growth management policies.

(iv)

Any housing development approved shall be consistent, to the maximum extent feasible and in a manner most protective of coastal resources, with all otherwise applicable certified local coastal program policies and development standards. The project shall not result in adverse impacts on coastal resources.

(2)

The residential density for a type A project may be increased one hundred percent (100%) above what is shown on the coastal plan land use map to a maximum of sixteen (16) dwelling units per acre for parcels located in the medium residential five (5) to eight (8) land use category. The maximum residential density for a type C project is eleven (11) dwelling units per acre for parcels located in the low density and medium density residential areas if the mapped parcel density is four (4) to six (6) dwelling units per acre.

(3)

Compliance with the provisions of this section shall be determined by the approving body. Where a project includes both an application for design review and major subdivision, compliance shall be determined by the body deciding the major subdivision. Where the project includes both an application for design review and a minor subdivision, the such compliance will be determined by the body deciding the design review application.

(4)

The developer of a housing opportunity type A or type C project may propose alternatives to the development criteria contained in this section provided, however, that in no case shall the permitted residential density exceed that set forth for in subsection (b) above. Where such alternative criteria are proposed, a use permit shall be required. Where a developer applies for a use permit under this alternative, it shall be processed concurrently with any required design review or subdivision application.

(5)

Any parcel for which a use permit for a housing opportunity area project has been approved shall be listed on the file tracking log maintained by the permit and resource management department. Any parcel for which building permits have been issued for the construction of a housing opportunity area project shall be designated on the land use maps of the general plan. such designations may be accomplished by the permit and resource management department and shall not be construed as a general plan amendment within the meaning of Section LU-1.3 of the general plan or Section 65385 of the Government Code.

Nothing herein shall limit the ability of the decision making body to either deny or to apply conditions to the approval of a housing opportunity type A or C project.

(d)

Type A project development criteria. All type A projects shall comply with the development criteria established for an R-2 zoning district with the following exceptions:

(1)

The maximum building height for main buildings permitted without a use permit is determined by the height restrictions contained in the R-2 zoning district;

(2)

One off-street covered parking space shall be provided for each unit, and one-half uncovered guest space per unit shall be provided for multi-family housing where four (4) or more units are proposed.

(e)

Type C project development criteria. All type C projects shall comply with the following development criteria:

(1)

Lot configurations and sizes required. In all developments, lot configurations may include, but are not limited to, zero lot line lots, angled Z lots, zipper lots, alternate width lots, quad lots, and motor court lots. Lot sizes may range from two thousand (2,000) to six thousand (6,000) square feet or more. A variety of lot configurations and lot sizes are required for projects larger than three acres in size.

(2)

Standards for allowable unit square footage. Allowable house size shall be based on lot square footage for the single family lots only. Actual house sizes, as well as lot sizes, in a proposed development plan may vary so long as the averages shown in the table below are maintained. House size refers to the gross living area of the primary dwelling only (storage sheds, garages, carports, covered patios, and second dwelling units are not included in the gross living area).

HOW TO USE THE TABLE:

The first step is to determine the average lot size of the single-family lots in the proposed development. The next step is to determine the allowable average house size of the single family dwellings in the proposed development. The average house size shall not be greater than shown in the above table. (Note: multiple family lots are not subject to this section.)

(3)

Subsequent Expansions or Additions. Subsequent expansions or additions to dwelling units and the construction of second dwelling units not shown on the development plan may be permitted by conditional use permit, approved by the director of community development, provided any proposed expansion is in compliance with the provisions of subsections (e)(4) through (e)(10) of this section.

(4)

Minimum Yard Setback Requirement. There are no minimum yard requirements except as provided in subsection (5), below (private open space requirement). Setbacks for all proposed and possible future buildings or possible additions to proposed buildings shall be shown on the development plan. Front yard setbacks shall be varied.

The garage or carport front, when the entrance faces the street, shall be not less than twenty feet (20′) to the rear of the public sidewalk, or twenty feet (20′) from the property or adopted street plan line, whichever is a greater distance from the edge of pavement of the street.

(5)

Private Open Space Requirement. All single family lots shall provide a minimum of four hundred (400) square feet of usable private open space.

(6)

Maximum Building Height. The maximum height of main buildings and detached second dwelling units is determined by the restrictions in the R1 and R2 zoning districts.

(7)

Maximum Lot Coverage. The maximum lot coverage is sixty-five (65%) percent.

(8)

Parking Requirement—Single Family Houses.

(i)

Four (4) parking spaces shall be provided for each single family house, one (1) of which must be on site and covered, and another of which must be on a public or private street. The remaining two (2) spaces may be on or off street, and may be tandem and compact.

(ii)

The planning commission by resolution may allow fewer than four (4) parking spaces for each single family dwelling when the development's design incorporates non-automobile modes of transportation as specified in the general plan, for example, pedestrian and bicycle pathways or transit facilities. The planning commission may require more than four (4) parking spaces when the development's design is oriented solely toward motor vehicle transportation as determined by the planning commission.

(iii)

Parking Requirement—Second Dwelling Unit. One (1) additional on site parking space shall be provided for a second dwelling unit which may be covered or uncovered and may be tandem and compact.

(iv)

Parking Requirement—Certain Multiple Family Units. For duplexes, triplexes, and fourplexes, one and one-half (1-½) parking spaces shall be provided for each one (1) bedroom unit, one (1) of which must be covered; and two (2) and one-half (2-½) parking spaces shall be provided for each two (2) or more bedroom unit, one (1) of which must be covered. Tandem parking or street parking may supply the uncovered spaces.

(Ord. No. 5429 § 7, 2003; Ord. No. 5318 § 1, 2001.)

Sec. 26C-326.3. - Affordable housing—Deferral of payment of development fees.

(a)

Building and development fees may be deferred subject to compliance with the provisions of Section 26C-457. Any such deferral shall be subject to the availability of funds identified in subsection (b), below, and shall be directly related to the construction of housing units reserved for rent or sale to low or very low-income households. A written request for a deferral of fees shall be submitted with the applicable planning application.

(b)

No deferral of fee payment shall be approved unless there are other funds available in an amount sufficient to finance loans to developers to pay for building and development fees otherwise required to be paid prior to the time that the permanent financing for the project is in place. The community development commission or the board of supervisors may from time to time identify funds which would be earmarked and available to implement this section.

(c)

Any loan for a deferral of fee payment shall be subject to compliance with guidelines which may from time to time be adopted by the board of supervisors or the community development commission concerning the use of funds to offset the deferred fees, as described in subsection (b) above.

(d)

Fees for rental housing may be deferred until the time permanent financing for the project is in place or a certain date specified by the promissory note, whichever occurs first. Fees for ownership housing may be deferred until the sale of the dwelling unit, or a certain date specified by the promissory note, whichever occurs first.

(e)

To secure payment of deferred fees a promissory note and a deed of trust shall be recorded against the parcel on which the affordable housing is being constructed.

(f)

To qualify for a deferral of payment of fees, a dwelling unit shall be reserved for rent or sale to a low- or very-low-income household pursuant to the provisions of sections 3.1 through 3.1.2 of the housing element, including the requirement that the continued affordability of said units be secured by a recorded affordable housing agreement.

(g)

The county auditor-controller is hereby authorized to transfer funds to cover the amount of the deferred fees. Upon payment of all required fees the auditor-controller is authorized to reimburse the original fund.

(h)

The directors of the Sonoma County permit and resource management department and the community development commission are hereby authorized and directed to execute any documents on behalf of the county of Sonoma which may be required to implement the provisions of this section, provided such documents have been previously authorized by the board of supervisors and approved by the county counsel. In addition, said directors are authorized and directed, with approval of the county counsel, to make any necessary technical, non-substantive changes to any documents required to implement the provisions of this section where such documents have been approved by the board of supervisors or necessitated by the board's approval of a deferral of fees for dwelling units affordable to low or very low-income households.

(i)

The county counsel is authorized and directed to prepare or review and approve as to legal form, all necessary legal documents, including but not limited to promissory notes, deeds of trust, any escrow instructions which may be necessary to implement the provisions of Section 26C-457.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-327. - Minor timberland conversions.

(a)

All minor timberland conversions shall require a zoning permit. Notice of the permit shall be mailed to all owners of real property as shown on the latest equalized assessment roll within three hundred feet (300′) of the subject property and posted in at least three (3) public places on or near the subject property at least ten (10) days prior to issuance of the permit. The notice shall include an explanation of the procedure to appeal issuance of the permit. In addition to such other plans and date as are necessary to determine compliance with this chapter, the application for the permit shall be accompanied by all of the following:

(1)

A statement of the approximate number, size, species, age, and condition of the trees to be included in the minor timberland conversion, the amount of land clearing to be done, the equipment to be used, the method by which slash and debris are to be removed or disposed of, and a schedule of daily operations.

(2)

A copy of the notice of conversion exemption timber operations prepared by a registered professional forester and submitted to the California Department of Forestry and Fire Protection for the minor timberland conversion.

(3)

A statement by the owner of subject property consenting to the minor timberland conversion, certifying that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter, and specifying what the new non-timber growing use will be after the conversion. The statement shall include evidence acceptable to the director of the permit and resource management department of the bona fide intent to undertake and complete the conversion. Such evidence shall include, but not be limited to, a valid use permit, building permit, or septic permit, approved grading plans for road construction, or an agricultural management plan or soil capability study demonstrating the feasibility of the new non-timber growing use.

(4)

Any other information the director of the permit and resource management department deems necessary to make a decision on the application. Such information may include, but shall not be limited to, drainage or erosion control details and biotic studies.

(b)

No zoning permit shall be issued for a minor timberland conversion unless it is determined that the conversion is a one-time conversion to a non-timber growing use and that there is a bona fide intent to undertake and complete the conversion in conformance with the provisions of this chapter. The determination of bona fide intent shall include consideration of the economic feasibility of the conversion, the environmental feasibility of the conversion, including, but not limited to, the suitability of soils, slope, aspect, quality and quantity of water, and micro-climate, and any other foreseeable factors necessary for successful conversion to the new non-timber growing use.

(c)

All minor timberland conversions shall be conducted in accordance with the provisions of Title 14, California Code of Regulations, Section 1104.1.

(d)

All minor timberland conversions shall be completed and the new non-timber growing use underway within two (2) years after the zoning permit is granted.

(e)

All minor timberland conversions shall minimize damage to soils, residual trees, young growth, and other vegetation, and prevent erosion and damage to neighboring properties.

(f)

No minor timberland conversion shall be conducted during the winter period unless it is carried out in accordance with Title 14, California Code of Regulations, Section 914.7, subsections (a) and (b).

(g)

No minor timberland conversion shall be conducted without a valid on-site copy of the zoning permit issued for the conversion.

(h)

No minor timberland conversion shall include the cutting or removal of any old growth redwood unless a registered professional forester certifies in writing that the tree poses a serious danger to persons or property.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-327.5. - Conformance.

The director of the permit and resource management department shall be responsible for verifying to the California Department of Forestry and Fire Protection that any proposed timberland conversion of less than three (3) acres in the TP (timberland production) district is in conformance with all county regulatory requirements.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-328. - Limitations on lot line adjustments.

(a)

Notwithstanding any other provision of this code, except as otherwise provided in subsection (b), all lot line adjustments shall be subject to the following limitations:

(1)

No lot line adjustment shall result in increased subdivision potential for any affected parcel.

(2)

No lot line adjustment shall result in a greater number of developable parcels than existed prior to the adjustment. To be deemed a developable parcel for the purposes of this subsection, a parcel shall comply with one of the following requirements:

(A)

The parcel meets all of the following criteria:

(i)

The parcel has legal access to a public road or right-of-way, or is served by an existing private road that connects to a public road or right-of-way; and

(ii)

The parcel is served by public sewer, or the parcel, as determined by the planning director, is likely to meet the criteria for approval of an on-site sewage disposal system for a one bedroom residence, as specified in Chapters 7 and 24 of this code and in the basin plans adopted by the applicable regional water quality control board, without the use of an off-site septic easement. For the purposes of this subsection, "served by public sewer" shall mean either that a parcel is currently receiving public sewer service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; and

(iii)

On parcels less than twenty-five (25) acres, the parcel is served by public water supply, or the parcel is located within an area 1, 2, or 3 groundwater availability area as shown on figures RC-2a to RC-2i of the general plan. Where public water service is not available and where the parcel is located within an area 4 groundwater availability area, a well or spring yield test, as defined in Section 7-12 of this code, shall be required to demonstrate that an adequate water supply is available on-site or off-site. For the purposes of this subsection, "served by public water supply" shall mean either that a parcel is currently receiving public water service or that a public agency providing such service has stated in writing and without qualification that it will serve the parcel; or

(B)

The parcel has an existing legal dwelling unit or had a legal dwelling unit which was destroyed by fire or other calamity within the last five (5) years.

(b)

The provisions of subsection (a)(2) shall not apply to any of the following:

(1)

Any lot line adjustment where all of the affected parcels are in the CS (rural services), C2 (community commercial), C3 (commercial services), or CF (fishing commercial) zoning districts.

(2)

Any lot line adjustment where all of the parcels resulting from the lot line adjustment comply with the applicable density and minimum lot size requirements of this chapter and the general plan.

(3)

Any lot line adjustment where all of the affected parcels were lawfully created on or after March 1, 1967.

(4)

Any lot line adjustment where all of the affected parcels are in the LIA (land intensive agriculture), LEA (land extensive agriculture), or DA (diverse agriculture) zoning districts, provided that all of the parcels resulting from the lot line adjustment are a minimum of ten (10) acres in size and the owners of those parcels all record covenants, in a form satisfactory to county counsel, prohibiting any new residential development on the parcels for a period of ten (10) years, except for agricultural employee housing, farm family housing, and seasonal and year-round farm worker housing, as allowed by the applicable zoning district.

(5)

Any lot line adjustment for which an application was filed and determined to be complete by the planning department on or before March 23, 1999, provided that the application is not thereafter withdrawn, denied, or substantially revised.

(Ord. No. 5318 § 1, 2001.)