A. Purpose
and Intent. The purpose of this article is to establish special standards
for certain land uses that may affect adjacent properties, the neighborhood,
or the community, even if the uniform zoning standards of Articles
17.06 through 17.54 of this chapter are satisfied. It is the intent
of this article to establish appropriate standards for the location,
design and operation of the land uses covered here, to avoid their
creating problems and hazards, and to ensure their consistency with
the general plan.
B. Applicability of Standards. All land uses listed in this article shall conform to the minimum standards established by this article. Such land uses shall also conform to all other applicable requirements of this article, including but not limited to the minimum lot area, setbacks and height limits imposed by the zone applied to the site (Articles 17.06 through 17.52), or the general development standards of Article
17.54. When a use listed in this article is subject to conflicting requirements, the following rules apply:
1. If
the provisions of this article conflict with those of Articles 17.06
through 17.54, this article shall control, except where this article
explicitly states otherwise.
2. If
a site or land use is subject to more than one section of this article,
the most restrictive standards apply.
3. Where
the provisions of a specific plan or community plan conflict with
the requirements of this article, the specific plan or community plan
shall prevail.
4. Where
a proposed use is required by this chapter to have administrative
review, minor use or conditional use permit approval, the granting
authority may impose other and more restrictive requirements, in addition
to the provisions of this article, as conditions of approval in the
interests of public health, safety, and welfare.
(Ord. 5126-B, 2001)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, accessory buildings and uses are subject to the requirements of this section. Residential accessory uses are also subject to Section
17.56.180 (Residential accessory uses). Accessory storage is subject to Section
17.56.250 (Storage, accessory). Accessory buildings and uses shall comply with the following provisions:
A. General Requirements. All accessory buildings and uses are subject to the following standards, except where more restrictive requirements are established by subsection
B or
D of this section for agricultural accessory structures or animal enclosures, or by other provisions of this chapter for specific uses.
1. Timing of Construction. Accessory buildings, temporary structures, and swimming pools shall be constructed or otherwise established at the same time as, or after the main building or use, except where earlier construction is authorized through minor use permit approval (Section
17.58.120). Agricultural accessory structures and/or animal enclosures may be constructed prior to the main building or use where such construction complies with all requirements of subsection
B or
D below and is authorized through administrative review permit approval (Section
17.58.110) except that fences and other such non-structural appurtenances may be erected without administrative review permit approval if such fence installation complies with all provisions of subsection
D. See Also Section
17.56.180 (Residential Accessory Uses).
2. Relationship
of Accessory Use to Principal Use. Accessory buildings and uses shall
be incidental to and not alter the character of the site from that
created by the principal use.
3. Attached
Buildings. If an accessory building is attached to a main building,
it shall be made structurally a part of the main building and shall
comply with all the requirements of this chapter applicable to the
main building.
4. Setback Requirements. As provided by Sections
17.06.060 et seq., and 17.54.130 et seq., except that accessory and junior accessory dwelling units are subject only to the setback requirements set forth in Section
17.56.200.
B. Agricultural Accessory Structures. For purposes of this chapter, agricultural accessory structures include, but are not limited to, outbuildings, sheds, barns, tack rooms, etc. which are primarily intended for the storage of equipment and supplies associated with an agricultural use on the same site. Such structures may only be used for the occasional housing of animals; however, when such structures are used primarily for the sheltering of animals, they are then considered animal enclosures and are subject to the requirements of subsection
C below. (Note: Occasional use shall mean that animals are kept within the agricultural accessory structure no more than 10 consecutive days nor more than 45 days in any 180 day period. The confinement of animals in an agricultural accessory structure for bona fide medical purposes (as determined by the planning director in consultation with the agricultural commissioner) on a temporary basis is not subject to these "occasional use" time limits).
1. It is unlawful and a violation of this code for any person to use any barn, stable, or other agricultural accessory structure for residential purposes without first obtaining the land use permit required by Section
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations) for the applicable zone, and thereafter a building permit.
C. Accessory
Structures for Habitat Management. For purposes of this chapter, accessory
structures for habitat management include, but are not limited to,
outbuildings, sheds, barns, garages, workshops, etc. which are primarily
intended for the storage of equipment and supplies associated with
the management of wildlife habitat and aquatic resources on the same
site.
D. Animal
Enclosures. For purposes of this chapter, animal enclosures include,
but are not limited to, pens, paddocks, corrals, stalls, stables,
barns, feeding/protective shelters or any other facilities within
which animals are permanently kept or which are intended primarily
for the keeping of animals, and which are 5,000 square feet or less
in gross area.
1. Animal
enclosures which are located on sites that are less than 10 acres
in gross area shall comply with the following requirements:
a. No animal enclosure shall be closer to an existing residence on an
adjoining site than to the main residence on the site whereon the
enclosure is located, and in no case shall an enclosure be located
closer to any property line that is common with an adjacent parcel
than the minimum setback distance required by the zone district for
a main dwelling. If no residence exists on the site where an animal
enclosure is located, but a residence does exist on an adjacent parcel
which has a property line common with the parcel whereon the animal
enclosure is located (and such adjacent residence predated the construction
of the animal enclosure), no portion of such animal enclosure shall
be closer to this common property line than the distance from the
common property line to the existing adjacent residence.
b. If no residence exists on property adjoining the site whereon the
enclosure is to be established, no portion of the enclosure may be
located closer to any property line that is common with the adjacent
vacant parcel than the minimum setback distance required by the zoning
district for a main dwelling.
2. Animal
enclosures which are located on sites that are 10 acres or more in
gross area are not subject to the setback limitations listed in subsection
(D)(1). The minimum structural setback distances for the zone district
within which it is located shall apply.
(Ord. 5126-B, 2001; Ord. 6022-B § 15, 2020; Ord. 6041-B § 12, 2020)
A. Purpose. The purpose of this section is to establish comprehensive regulations applicable to the location of adult (sex oriented) entertainment businesses and similar and related uses in the unincorporated area of Placer County. These regulations are in addition to all other provisions of this chapter and apply to those land uses listed in Section
17.06.050 (Land use and permit tables) (e.g., bookstores, motion picture theaters, etc.) which, because of the emphasis or primary orientation of their stock-in-trade or services offered, constitutes sex oriented entertainment businesses as defined by this section. In the event that the provisions of this section conflict with other applicable provisions of this chapter, the provisions of this section shall prevail.
B. Regulated
Land Uses. The board of supervisors find that adult businesses, because
of their very nature, are recognized as having serious objectionable
operational characteristics, particularly when several of them are
concentrated under certain circumstances, thereby having a deleterious
effect upon adjacent areas. Special regulation of such businesses
is necessary to insure that the adverse effects will not contribute
to the blighting or downgrading of the surrounding neighborhoods.
The primary purpose of these regulations is to prevent the concentration
or clustering of adult entertainment businesses in any one area.
C. Definitions. In addition to the definitions contained in Section
17.04.030 (Definitions), the following words and phrases shall, for the purposes of this section, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
1.
"Adult (sex oriented) bookstore"
means an establishment having as a substantial or significant
portion of its stock in trade books, magazines, periodicals or other
material that is distinguished or characterized by its emphasis on
matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas" (as defined in this section), or an
establishment with a segment or section thereof devoted to the sale
or display of such material.
2.
"Adult (sex oriented) entertainment business"
means any sex oriented bookstore, sex oriented hotel or motel,
sex oriented motion picture arcade, sex oriented motion picture theater,
cabaret, massage parlor, model studio, sexual encounter center or
other business or establishment that offers its patrons services or
entertainment characterized by an emphasis on matter depicting, describing
or relating to "specified sexual activities" or "specified anatomical
areas," but not those uses or activities, the regulation of which
is preempted by state law.
3.
"Adult (sex oriented) hotel or motel"
means a hotel, motel or other overnight lodging establishment,
which provides, through closed circuit television or other media,
material which is distinguished or characterized by an emphasis on
matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas" (as defined in this section), for
observation by patrons therein.
4.
"Adult (sex oriented) motion picture arcade"
means any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by an emphasis on
depicting or describing "specified sexual activities" or "specified
anatomical areas" (as defined in this section), for observation by
patrons therein.
5.
"Adult (sex oriented) motion picture theater"
means an enclosed or unenclosed building or structure or
portion thereof used for presenting material in the form of motion
picture film, video tape, slides or other similar means, which is
distinguished or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified
anatomical areas" (as defined in this section), for observation by
patrons therein.
6.
"Cabaret"
means a bar, nightclub, theater or other establishment which
features live performances by topless and/or bottomless dancers, "go-go"
dancers, exotic dancers, strippers, or similar entertainers, where
such performances are distinguished or characterized by an emphasis
on "specified sexual activities" or "specified anatomical areas" (as
defined in this section), for observation by patrons therein.
7.
"Massage parlor"
means an establishment where, for any form of consideration
or gratuity, massage, alcohol rub, administration or fomentations,
electric or magnetic treatments, or any other treatment or manipulation
of the human body occurs, except for medical or therapeutic treatments
by persons licensed by the state of California to administer such
treatments.
8.
"Material,"
relative to adult businesses, means and includes, but is
not limited to, accessories, books, magazines, pamphlets, photographs,
prints, drawings, paintings, motion pictures, and video tapes, or
any combination there-of.
9.
"Model studio"
means an establishment where, for any form of consideration
or gratuity, figure models who display "specified anatomical areas"
(as defined below) are provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by patrons paying
such consideration or gratuity.
10.
"Sexual encounter center"
means any business, agency or person who, for any form of
consideration or gratuity, provides a place where three or more persons,
not all members of the same family, may congregate, assemble or associate
for the purpose of engaging in "specified sexual activities" or exposing
"specified anatomical areas."
11.
"Specified Anatomical Areas"
means:
a.
Less than completely and opaquely covered human genitals or
pubic region, buttock, female breast below a point immediately above
the top of the areola; and/or
b.
Human male genitals in a discernible turgid state, even if completely
and opaquely covered.
12.
"Specified sexual activities"
means:
a.
Human genitals in a state of sexual stimulation or arousal;
b.
Acts of human masturbation, sexual intercourse, or sodomy;
c.
Fondling or other erotic touching or sexual stimulation of human
genitals, pubic region, buttock, or female breasts.
D. Permit Requirement. Any sex oriented entertainment business as defined in subsection
C of this section is permitted, subject to the land use permit requirements established by Section
17.06.060 et seq. (zone district regulations) for a similar, nonsex oriented type of business. Notwithstanding any other provisions of this code, a conditional use permit shall first be obtained prior to the establishment of a sex oriented entertainment business in any zone district. This requirement shall be for the purpose of imposing conditions found to be reasonably necessary to prevent incompatibility and/or conflicts with other land uses in the immediate vicinity of the proposed sex oriented business.
E. Location
Requirements. In zone districts where sex oriented businesses regulated
by this section would otherwise be permitted uses, they shall be located
as provided by this subsection.
1. Distance
From Other Uses. It is unlawful to cause or permit the establishment
of any such adult business if the location is:
a. Within 500 feet of any area zoned for residential use;
b. Within 1,000 feet of any other adult business;
c. Within 1,000 feet of any parcel that is the site of any public library
or any public, private, or parochial school or preschool, park, playground,
public building or other public facility, house of worship or any
noncommercial establishment operated by a bona fide religious organization,
or any establishment likely to be used by minors.
The "establishment" of any sex oriented business shall include
the opening of such a business as a new business, the relocation of
such a business, or the conversion of an existing business location
to any sex oriented business use.
2. Measure
of Distance. The distance between any two sex oriented businesses
shall be measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of each business.
The distance between any sex oriented business and any house of worship,
school, public library, public park, public playground, public recreational
facility, area zoned for residential use, shall be measured in a straight
line, without regard to intervening structures, from the closest exterior
structural wall of the adult business to the closest property line
of the house of worship, school, public library, public park, public
playground, public recreational facility, or area zoned for residential
use.
3. Waiver
of Locational Provisions. Any property owner or authorized agent may
apply to the planning commission for waiver of the locational provisions
of this section.
a. Permit Requirement. Conditional use permit approval (Section
17.58.130) is required for a waiver of the locational provisions set forth in subsection (E)(1) of this section.
b. Application Content. The conditional use permit application shall
include a description of the proposed sex oriented business and the
reasons why the applicant feels that the location of the proposed
business would be consistent with the requirements and objectives
of this section.
c. Additional Findings Required. The planning commission may approve or conditionally approve a conditional use permit to waive any of the locational provisions of this section if, in addition to the findings required by Section
17.58.140(A) (Permit Issuance—Findings Required for Approval) it makes findings of fact that:
i. The proposed use will not be contrary to the public interest or injurious
to nearby properties, and that the spirit and intent of this section
will be observed.
ii. The proposed use will not enlarge or encourage the development of
a "skid row" area.
iii.
The establishment of an additional regulated use in the area
will not be contrary to any program of neighborhood conservation nor
with it interfere with any program of urban renewal.
(Ord. 5126-B, 2001; Ord. 5339-B (Exh. A) (part), 2004)
The standards of this section apply to airfields, landing strips,
and heliports in addition to all applicable permit requirements and
standards of the Federal Aviation Administration (FAA), and the California
State Department of Transportation, Division of Aeronautics.
A. Delegation
of Granting Authority. The board of supervisors delegates to the Placer
County planning commission the authority to approve plans for construction
of proposed airports and heliports, as provided by this section.
B. Permit
Requirements.
1. Conditional Use Permit. As required by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations), conditional use permit approval is required for airports and heliports. Such permit shall constitute county approval of the plan for construction of the airport or heliport as required by the California State Department of Transportation, Division of Aeronautics. If approved, the conditional use permit shall be subject to a condition of approval that requires airport or heliport construction in accordance with the approved plan for construction. Buildings or uses accessory to an airport or heliport are subject to any permit requirements and standards of this chapter applicable to each use.
2. State
Permit. A land use permit or exemption from the State Department of
Transportation, Division of Aeronautics shall be obtained for all
airfields and heliports. Before establishment of an airfield or heliport,
the applicant shall file with the planning department evidence of
approval of such permit or exemption.
3. Airport
Zoning and Height Limits—Public Use Airports. Before or in conjunction
with the approval of a conditional use permit for a public use airport,
height limitations shall be established for the surrounding area in
accordance with current Federal Aviation Administration (FAA) regulations.
The height limitations shall be established by:
a. Establishment of an aircraft overflight (-AO) combining district (Section
17.52.030) around the airport; or
b. Execution of easements with each property owner over whose property
such height limits are to apply; such easements shall run with the
land and shall contain restrictions on the height of structures or
vegetation in accordance with FAA regulations.
C. Location
Criteria.
1. Agricultural
or Personal Use Facility. Agricultural or personal use facilities
shall be located only within an agricultural or open space zone, no
closer than 2,500 feet to any urban area shown on the Placer County
zoning maps.
2. Restricted
Use Facility. Restricted use facilities shall be located outside of
and not closer than 2,500 feet to any urban area shown on the Placer
County zoning maps except for an emergency use heliport, which may
be located with-in an urban area. Restricted use airfields shall be
located such that aircraft in approach or departure maneuvers within
two miles of the airfield do not pass within 500 feet in any direction
of:
a. An existing residential use outside the ownership of the airfield;
c. Except for an emergency heliport established to support a medical,
fire protection or other public safety facility.
3. Public Use Facilities. Public use facilities shall be located only within the Airport (APT) zone district (Section
17.36.010).
D. Minimum
Lot Area. Ten acres in the residential-agricultural (RA) zone; as
necessary to accommodate the facilities and clear zones required by
the Federal Aviation Administration in other zone districts.
E. Operational
Requirements.
1. Agricultural
or Personal Use Facility. Based aircraft shall be limited to those
used for agricultural crop dusting, or personal use of the tenant
or property owner. No commercial flights other than those directly
related to agricultural activities are permitted.
2. Restricted
Use Facilities. Not more than 10 aircraft shall be based at the facility.
(Ord. 5126-B, 2001)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, the raising and/or keeping of animals is subject to the requirements of this section.
A. Purpose.
It is the purpose of these regulations to address the raising and
keeping of animals and the areas in which domestic, farm and exotic
animals are kept on private property, under specified circumstances.
It is the intent of this section to protect the agricultural economic
base of Placer County, to preserve the existing agrarian lifestyle
in rural residential areas and to minimize potential adverse effects
on adjoining property from the establishment of incompatible uses
related to the raising and keeping of animals.
B. Applicability. The raising or keeping of animals as either an incidental or principal land use shall only take place in compliance with the requirements of this section, regardless of whether a land use permit is required, except for those animal raising and keeping activities listed immediately below and within this subsection, which are defined by Section
17.04.030 (Definitions) as separate land uses and are instead subject to the requirements of Sections
17.06.030 et seq. (Allowable land uses and permit requirements):
1. Animal
hospitals which are considered medical services—veterinary clinics
and hospitals;
4. Pet
stores, which are considered retail stores, general merchandise;
6. Animal
sales yards, feed lots and stockyards.
C. Permits
and Applications.
1. Permit Requirements. Permits are required as set forth in subsection
(F) of this section for specific types of animals, or as may be required by this chapter for buildings or structures for animals.
2. Application Content. Where this section requires a land use permit for a specific animal raising activity, the permit application shall include the following, in addition to the information required by Section
17.58.030 (Required application contents):
a. Site drainage patterns and a statement of measures proposed by the
applicant to avoid soil erosion and sedimentation caused by the keeping
of animals;
b. The applicant's plans for animal waste management and/or disposal;
c. Where the site is located within or adjacent to a residential zone
where minimum lot size requirements are one acre or less, a statement
of other measures proposed by the applicant for the management of
the site and the proposed animals to insure that the animals will
not become a nuisance to other residents in the vicinity of the site
as a result of the discretionary use.
D. Limitation On Use. The raising and keeping of specific types of animals shall occur only in the zone districts where "Animal Raising and Keeping" is identified as an allowable use by Sections
17.06.050 and
17.06.060 et seq., and only as also allowed by the following table:
Note. This chart indicates which animal types are permitted to be kept in each zone district. Specific regulations for each animal type are contained in subsection
F.
E. Operation
and Maintenance Standards:
1. Odor and Vector Control. Pastures (only on parcels of less than 4.6 acres in area), agricultural accessory structures and animal enclosures (as defined in Section
17.04.030 and further discussed in Section
17.56.020(C) of this chapter), including, but not limited to, pens, coops, cages, barns, corrals, paddocks and feed areas shall be maintained free from excessive litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner (see Section
8.16.120 of the Placer County Code).
2. Erosion
and Sedimentation Control. In no case shall any person allow animal
keeping to cause significant soil erosion, or to produce sedimentation
on any public road, adjoining property, or in any drainage channel.
In the event such sedimentation occurs, the keeping of animals outdoors
on the site shall be deemed a nuisance and may be subject to abatement
as set forth in Article 17.62 (Enforcement).
F. Specific Types of Animals Permitted. The following requirements apply to the keeping or raising of specific types of animals, in addition to all other applicable standards of this section. More than one type of animal may be kept on a single site, as provided by subsection
G, except that where an animal density ratio (i.e., number of animals per acre) is indicated for any specific type of animal, the site area allotted to one type of animal cannot be used to justify another type of animal which is also subject to an animal density ratio.
SPECIAL REGULATIONS FOR SPECIAL TYPES OF ANIMALS RELATED TO
LOT SIZE
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Sites less than one acre in area: Where an animal density ratio
is specified in this subsection, the ratio may be applied to sites
less than one gross acre in size; however, no animals may be kept
on a site if the gross area of the site is less than the minimum area
required for the raising and keeping of animals.
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Example: An individual who owns a one-half acre
(gross) site in a Combining Agriculture (-AG) zone district may keep
three sheep because the animal density ratio for sheep in that zone
district is six animals per acre (gross) with a minimum site size
of one-half acre (gross) required for the keeping any such animals.
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Nonconforming sites: In any instance where a site is 1.5 acres
or less in gross area and is also smaller than the minimum lot size
required by the zone district in which it is located, the regulations
applicable to the Combining Agriculture (-AG) zone district (or the
regulations applicable to the zone district wherein the site is located,
which ever is the more restrictive) shall apply.
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1. Animal Husbandry Projects. Notwithstanding the other limitations on use in subsection
D, and subject to the operation and maintenance standards of subsection
E, the keeping or raising of cattle, horses, goats, sheep, hogs, chickens, rabbits, birds or other animals as a school, 4-H, Future Farmers of America (FFA) or a similar organization project may be authorized by the planning director in those zone districts which do not otherwise permit the raising or keeping of such animals only after consultation with the agricultural commissioner and after a determination by the director that adverse impacts to neighboring residents are effectively mitigated.
2. Beekeeping.
All beekeeping activities are subject to the California Apiary Protection
Act and Article 6.32 (Beekeeping) of Chapter 6 (Animals). In addition,
in the Residential Single-Family (RS) zone district, including RS
AG, beekeeping requires an approval process by the agricultural commissioner
for parcels which are less than 20,000 square feet in area.
a. In the Residential Single-Family (RS) zone district, the keeping
of no more than two colonies is permitted.
b. In the Residential Single-Family zone district, the property owner
shall notify all adjacent property owners of the property proposing
to keep bees. They shall provide evidence of notification to the agricultural
commissioner prior to keeping bees.
c. The agricultural commissioner shall have the discretion to deny beekeeping
activity for parcels which are less than 20,000 square feet in area
when beekeeping activity is determined to be a public nuisance.
d. The agricultural commissioner shall have the discretion to rescind
approval of beekeeping activity upon 30 days written notice to the
beekeeper if the beekeeping activity is a public nuisance.
e. In all zone district (RA, RF, RES, AE, F, FOR, O, TPZ, -AG), the
maximum number of bee colonies is five per acre, not to exceed a total
of 100 hives in one location. More than 100 hives may be permitted
on contiguous properties larger than 20 acres if the separation requirements
in Article 6.32 are met.
3. Birds. The keeping of domestic or exotic birds, other than game fowl and poultry or ostriches, emus and similar birds, is permitted where allowed by subsection
D. The keeping of game fowl and poultry or ostriches, emus, etc. is instead subject to subsections (F)(6) and (F)(12), respectively, of this section. Any species of domestic or exotic bird (except game fowl and poultry or ostriches, emus and similar birds) which is raised or kept inside a residence is considered a "household pet" and is otherwise regulated by the provisions of subsection (F)(10) of this section. The keeping of imported birds may also require approval by: the U.S. Department of Agriculture, the Fish and Wildlife Service; the U.S. Department of Public Health; the California Department of Fish and Game; and/or the California Department of Food and Agriculture, in addition to any approval required by this code. The number of such birds which may be raised or kept on a site is not limited except in the RS zone district or on nonconforming parcels in other zone districts as noted below.
a. Indoor Aviaries. In the RS zone district, or on parcels in other residential or agricultural zone districts which are less than 20,000 square feet in area and are smaller than the minimum lot size requirement of that zone district, the raising and keeping of domestic or exotic birds is permitted in indoor aviaries as defined in Section
17.04.030 of this chapter. There is no limit on the specific number of birds kept in indoor aviaries (subject to the nuisance animal provisions in subsection
H), except that the minimum site size required for the raising and keeping of any Parrots—Class 2 as listed in subsection (F)(3)(b) is 10,000 square feet of gross site area.
b. Outdoor Aviaries. In the RS zone district, or on parcels in other residential or agricultural zone districts which are less than 20,000 square feet in area and are smaller than the minimum lot size required in that zone district, the raising and keeping of domestic or exotic birds is permitted in outside aviaries, as defined in Section
17.04.030 of this chapter, only in the numbers and types as shown in the following chart and subject to the nuisance animal provisions in subsection
H:
OUTDOOR AVIARIES—SITE SIZE, NUMBER AND TYPE LIMITATIONS
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Minimum Site Size
|
Number of Birds Permitted
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Types of Birds Permitted in an Outdoor Aviary
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5,000 sq. ft.
|
150
|
Canaries and Finch-type birds 1 and
Passeriformes 2
|
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40
|
Small Doves 3, Small Quail 4, and Pigeons 5
|
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24
|
Parrots—Class 1 6
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10,000 sq. ft.
|
300
|
Canaries and Finch-type birds, and Passeriformes
|
|
80
|
Small Doves, Small Quail and Pigeons
|
|
48
|
Parrots—Class 1
|
|
20
|
Parrots—Class 2 7
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20,000 sq. ft.
|
600
|
Canaries and Finch-type birds, and Passeriformes
|
|
160
|
Small Doves, Small Quail and Pigeons
|
|
96
|
Parrots—Class 1
|
|
40
|
Parrots—Class 2
|
One acre (43,560 sq. ft.)
|
1200
|
Canaries and Finch-type birds, and Passeriformes
|
|
320
|
Small Doves, Small Quail and Pigeons
|
|
192
|
Parrots—Class 1
|
|
80
|
Parrots—Class 2
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> One acre (> 43,560 sq. ft.)
|
no maximum number limit
|
All species, except "Parrots—Class 3" 8 which are not permitted in the RS zone or on sites in other residential
or agricultural zone districts which are less than 20,000 sq. ft.
in area and are smaller than the minimum lot size required for the
zone district in which they are located.
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KEY TO OUTDOOR AVIARIES CHART
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1
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Canaries and Finch-type birds are songbirds of the families:
Estrildae, Fringillidae and Passeridae.
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2
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Passeriformes are perching-type songbirds such as robins, etc.
which have similar vocal characteristics as those in the Canary and
Finch category.
|
3
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Small Doves are those which do not exceed the size and/or noise
level of the Common Ringneck (Streptopelia 'risoria').
|
4
|
Small Quail are those which do not exceed the size of Button
Quail or similar species.
|
5
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Pigeons of all types.
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6
|
Parrots -Class 1 are Australian Rosellas, Kings, Pyrrhura conures,
Parrotlets, small Lorries, Grass Parakeets and parrots with similar
noise-making capabilities.
|
7
|
Parrots -Class 2 are those of the genera Chalcopsitta, Lorius,
Pseudos and Trichoglossus.
|
8
|
Parrots -Class 3 are those of the genera Amazona, Anodorhyrchus,
Aratirga, Brotogenis, Cacatua,
|
|
Calyptorhynchus, Cyanoliseus, Eclectus, Enicognathus, Eulophus,
Myiopsitta, Nandayus, Nestor, Pionites, Prioniturus, Probosciger,
Ramphastos (toucans), Ryhnchopsitta, and Tanygnathus.
|
4. Cattle. The maximum number of animals allowed in the combining agricultural (-AG) zone is two per gross acre of site area; in the residential-forest (RF) zone the maximum number of animals is one per gross acre of site area (in both zones, the site must be no less than one gross acre in size in order for any animals of this type to be kept). This section does not otherwise limit the number of animals permitted on a given site, if such animals are otherwise allowed pursuant to subsection
D.
5. Equestrian Facilities. Commercial horse, donkey, and mule facilities as defined by Section
17.04.030 are allowed as follows:
a. Such facilities are allowed in the AE, F and FOR zones subject to compliance with the development standards of the applicable zone (Sections
17.06.060 et seq.) and Article
17.54 (General Development Regulations).
b. Such facilities are allowed in the RA, RF, RES, TPZ and O zones, and in the -AG combining district, subject to minor use permit approval, except as provided in subsections
(5)(c) and
(5)(d) of this section.
c. Such facilities are allowed in the RA, RF, RES, TPZ and O zones,
and in the -AG combining district without the requirement of minor
use permit approval only where all of the following standards are
met. In such instances, these uses shall be referred to as "minor
equestrian facilities."
i. A total of no more than two horses, donkeys or mules per gross acre
(except in the RF zone) of property owned, leased or otherwise under
the contractual control of the facility operator shall be permitted
(including any horses, donkeys or mules used for commercial purposes
as well as any personal horses, donkeys or mules kept on site), and
a minimum of one gross acre is required in order to operate any such
equestrian facility. In the RF zone district, no more than one horse,
donkey or mule per gross acre (with a minimum requirement of one gross
acre to operate any equestrian facility) may be kept in conjunction
with such facilities.
ii. The minor equestrian facility shall be clearly consistent with and
clearly accessory to the principal residential or agricultural use
of the property.
iii.
The minor equestrian facility shall not involve more than three
patrons visiting the site at any one time and no more than a maximum
of fifteen patrons per day.
iv. The operator of the minor equestrian facility shall obtain a Placer County business license for the activity and shall comply with all of the home occupation ordinance performance standards (Section
17.56.120(C)), parking requirements (Section
17.56.120(D)) and sign provisions (Section
17.56.120(E)), except for the restrictions contained in Section 17.56.120(C)(2) and (C)(3) which would otherwise prohibit outdoor commercial activities.
v. The facility operator shall implement "good management practices"
to provide effective odor and vector control, appropriate erosion
and sediment control, functional dust suppression and regular manure
and urine removal, as deemed appropriate by the planning director
in consultation with the animal control officer and the agricultural
commissioner.
vi. Such facilities may be further regulated by county building permit
requirements (contact the Placer County building department).
vii.
Such facilities shall comply with all applicable environmental
health regulations pertaining to sewage disposal, water supply and
other public health issues (contact environmental health services,
Placer County department of health and human services).
d. If boarded horses are kept, fed and/or cared for in any type of "animal enclosure" [as discussed in Section 17.56.020(c)], or in any way other than a "pasture" or as "equine pasture boarding" [as defined in Section
17.04.030, the facility is considered to be a "boarding stable" and, therefore, is an equestrian facility within the meaning of this subsection.
6. Fowl and Poultry. The number of fowl or poultry that may be kept on a site where allowed by subsection
D is not limited by this section except as follows:
a. In the residential single-family (RS), residential multi-family (RM),
and resort (RES) zone districts, the keeping of no more than six chicken
hens is permitted, on parcels with a minimum gross lot area of 5,000
square feet. The keeping of roosters, guinea hens, or pea hens (peacock
family) is prohibited. Residential single-family uses located within
an adopted specific plan are subject to this provision.
b. In the combining agricultural (-AG) zone district, the keeping of
no more than nine chicken hens is permitted on parcels less than one-half
acre and in the residential-forest (RF) zone district, the keeping
of no more than 15 chicken hens is permitted on parcels less than
one acre. The keeping of roosters, guinea hens, or pea hens (peacock
family), is prohibited. On parcels greater than one-half acre in the
combining (-AG) zone district and on parcels greater than one acre
within the RF zone district, no more than 24 such animals per acre
shall be maintained and there shall be no restrictions on the type
of fowl or poultry; and
c. The keeping of more than 100 fowl or poultry is considered to be a "chicken/turkey ranch," and is subject to the requirements of Sections
17.06.030 et seq. (Allowable land uses and permit requirements) for such uses.
7. Goats and Sheep and Animals of Similar Size at Maturity, Including Miniature Horses, Miniature Ponies and Miniature Donkeys. The maximum number of animals allowed is not limited except in the combining agricultural (-AG) zone district where the limitation is six animals per (gross) acre of site area (the site must be a minimum of one-half of an acre (gross) in order for any animals of this type to be kept), and in the residential-forest (RF) zone where the limitation is six animals per (gross) acre (the site must be no less than one acre for any animals of this type to be kept). Unaltered male goats, or male goats altered after five months of age which retain the odor of an unaltered male, may only be kept on a site located within the combining agricultural zone district (-AG) if an administrative review permit (Section
17.58.100) is first obtained.
8. Hogs and Swine. The keeping of up to 19 hogs or swine of breeding age is permitted where allowed by subsection
D, except in the combining agricultural (-AG) zone district, and in the residential-forest (RF) zone district where the limitation is one animal per (gross) acre of site area (the site must be no less than one (gross) acre in either zone district in order for any animals of this type to be kept). The keeping of more than 19 hogs or swine of breeding age on any site constitutes a hog ranch, and is subject to the requirements of Sections
17.06.030 et seq. (Allowable land uses and permit requirements) for chicken, turkey and "hog ranches."
9. Horses.
a. The provisions of this subsection [17.56.050(F)(9)] apply to the
keeping of any member of the horse family, including but not limited
to donkeys and mules, but not including miniature animals of these
species which are otherwise regulated by subsection (F)(7). The permitted
number of animals is not limited except in the combining agricultural
(-AG) zone district where no more than two animals per (gross) acre
of site area shall be permitted, (the site must be no less than one
(gross) acre in order for any animals of this type to be kept), and
in the residential-forestry (RF) zone where the limitation is one
animal per (gross) acre (the site must be no less than one (gross)
acre in order for any animals of this type to be kept). See subsection
(F)(5) for requirements applicable to equestrian facilities. [Note:
Such facilities may be further regulated by county building permit
requirements (check with the Placer County Building Department).]
b.
Notwithstanding the provisions
of subsection (F)(9)(a), the following provisions apply to each parcel
within the combining agricultural (-AG) zone that was created by the
recordation of a subdivision map prior to 1955 wherein a common open
space area with a minimum gross area of 100 acres was also created
and which open space area is owned and managed by an association of
property owners within the subdivision (including the owner of the
parcel) for equestrian uses (including pasturage), for other recreational
and open space uses, and for the benefit of the property owners:
1. For parcels with a minimum gross area of one-half acre up to nine-tenths
acre, one horse may be kept.
2. For parcels with a minimum gross area of nine-tenths acre up to one
acre, two horses may be kept.
3. For parcels with a minimum gross area of seven-tenths acre up to
nine-tenths acre upon which there had been constructed horse keeping
facilities as of July 25, 1995, and upon which two horses were being
kept and have been kept since July 25, 1995, two horses may be kept;
provided, however, the right to keep two horses shall expire upon
the earlier of: (i) sale or conveyance of the parcel to a third party
on or after July 1, 2000, or; (ii) disuse of the property for the
keeping of two horses for a period of one year after July 1, 2000.
4. The keeping of horses on any parcel as allowed by subsections (F)(9)(b)(1),
(2) or (3) shall be subject to regulation by the county under the
equine management regulations as adopted by resolution of the board
of supervisors.
5. Parcels with a minimum gross area of one acre may keep horses in
compliance with subsection (F)(9)(a) above.
10. Household Pets. When conducted within the house or within a residential
accessory structure on the same site, the keeping of common household
pets (other than dogs and cats which are regulated by subsections
(F)(16) and (F)(17)), including but not limited to, guinea pigs, hamsters,
rabbits, pygmy goats, pot-belly pigs, domestic or exotic birds (except
game fowl, poultry, ostriches, emus and other similar birds which
are regulated by subsections (F)(6) and (F)(12), respectively), non-poisonous
reptiles and amphibians, fish, and/or the keeping of other domesticated
or caged small animals (which are not otherwise regulated by subsections
(F)(13) and (F)(15)) is permitted by this section, subject to the
following provisions:
a. An administrative review permit is required for the keeping of carnivorous
animals other than dogs, cats, nonpoisonous reptiles and amphibians;
and,
b. No more than four pot-belly pigs, pygmy goats, or domestic household
pets of similar size, or a combination of any such animals may be
kept per dwelling unit in the following zones: RS, RM, C1, C2, C3,
MT, RES, BP, IN, INP, FOR, O and TPZ. In all other zone districts,
animals which fit this description (or which are not kept within a
residential structure) are regulated as specified for their species
type in subsections (F)(1) through (F)(9) and (F)(11) through (F)(15).
11. Llamas and Alpacas. The permitted number of animals of this type
is not limited except in the combining agricultural zone (-AG) where
no more than six animals per gross acre may be kept, and in the RF
zone district where no more than ten animals per gross acre of site
area shall be permitted (in either zone district, the site must be
no less than one acre (gross) in order for any animals of this type
to be kept).
12. Ostriches, Rheas, Emus and Other Similar Birds. Animals of this type may be raised and kept as allowed by subsection
(D) above except as follows:
a. The raising and keeping of ostriches may constitute a danger to persons
in the immediate vicinity of such animals and are subject to the provisions
of subsection (F)(15)(b). The numerical ratios discussed in subsection
(F)(12)(b) are also the maximum numbers of ostriches permitted on
a site.
b. Rheas, emus and other similar birds may be raised and kept with no limitation on the number of animals allowed, except that in the RA and RF zones no more than seven animals per one gross acre of site area shall be permitted (the site must be no less than one acre (gross) in order for any animals of this type to be kept), and in the combining agricultural zone (-AG) no more than four animals per gross acre of site area shall be permitted (the site must be no less than one acre (gross) in order for any animals of this type to be kept). The keeping of more than 19 of the animals in this category on any parcel of less than ten acres (gross) is considered a commercial operation, and shall require minor use permit approval (Section
17.58.120).
13. Other Small Animals. The raising of mink, chinchillas, rabbits or other animals of similar size, not including dogs and cats as regulated by subsection (F)(16), household pets as regulated by subsection (F)(10) or zoo animals as regulated by subsection (F)(15), is permitted as indicated in subsection
D.
14. Worm Farms. The raising of worms is allowed where indicated in subsection
D.
15. Zoo Animals. The raising or keeping of animals other than those specified
in subsections (F)(1) through (F)(14), (F)(16) and (F)(17) of this
section that are common to zoos, or are carnivorous, poisonous or
are not native to North America, is considered to be a "zoo," and
is subject to the following requirements:
a. Where the animals have satisfied all applicable requirements of the U.S. Department of Agriculture, the Fish and Wildlife Service, the U.S. Department of Public Health, the California Department of Fish and Game and the California Department of Food and Agriculture, and where otherwise allowed by subsection
D, the planning director may determine after consultation with appropriate zoological experts that a particular noncarnivorous, nonpoisonous animal is substantially similar in its physical characteristics and/or potential effects on a site and on persons living or working in the vicinity to one of the animals listed in subsections (F)(2) through (F)(14), (F)(16) and (F)(17). In such cases, the raising or keeping of the particular exotic animal in question may be allowed subject to the specific provisions of subsections (F)(2) through (F)(14), (F)(16) and (F)(17) or other appropriate standards as may be identified by the planning director.
b. For carnivorous and/or poisonous animals, or animals determined by the planning director to be potentially dangerous to persons living or working in the vicinity of such animals, the keeping and raising of these animals is permitted where allowed by subsection
D, and only after a minor use permit is first obtained.
16. Dogs and Cats. The raising and keeping of domestic dogs and cats,
including commercial and private kennels/catteries, is regulated by
this subsection as follows:
a. Residential Single-Family (RS) and Residential Multifamily (RM) Zones. In the RS and RM zone districts, the keeping of no more than four dogs, four cats or a combination of such animals (four months of age or older) not to exceed a total of four, is allowed subject to the provisions of subsection
(E). However, up to eight dogs, eight cats or a combination of such animals (four months of age or older) not to exceed a total of eight, may be permitted subject to an administrative review permit for a private kennel/cattery first being approved. Commercial kennels/catteries are not permitted.
b. Combining Agriculture (-AG) Zone. In the -AG zone district, the keeping of no more than six dogs, six cats or a combination of such animals (four months of age or older) not to exceed a total of six, is allowed subject to the provisions of subsection
(E) above. However, up to 12 dogs, 12 cats or a combination of such animals (four months of age or older) not to exceed a total of 12, may be permitted subject to an Administrative Review Permit for a private kennel/cattery first being approved. Commercial kennels/catteries are not permitted.
c. Residential-Agricultural (RA) and Residential-Forest (RF) Zones. In the RA and RF zone districts, the keeping of no more than six dogs, six cats or a combination of such animals (four months of age or older) not to exceed a total of six, is allowed subject to the provisions of subsection
E. However, up to 15 dogs, 15 cats or a combination of such animals (four months of age or older) not to exceed a total of 15, may be permitted subject to an administrative review permit for a private kennel/cattery first being approved. Commercial kennels/catteries as described in subsection (F)(17) may be permitted, subject to a minor use permit first being approved.
i. Note. If the site area is 4.6 gross acres (200,000 square feet) or
more, the provisions of subsection (F)(16)(d) apply rather than those
of this subsection; refer to the table following subsection (F)(17).
d. Agricultural Exclusive (AE) and Farm (F) Zones. In the AE and F zone districts, the keeping of no more than 15 dogs, 15 cats or a combination of such animals (four months of age or older) not to exceed a total of 15, is allowed subject to the provisions of subsection
E. However, up to 25 dogs, 25 cats or a combination of such animals (four months of age or older) not to exceed a total of 25, may be permitted subject to an administrative review permit for a private kennel/cattery first being approved. Commercial kennels/catteries as described in subsection (F)(17) may be permitted, subject to a minor use permit first being approved.
i. Note. If the site area is less than 4.6 gross acres (200,000 square
feet), the provisions of subsection (F)(16)(c) apply rather than those
of this subsection; refer to the table following subsection (F)(17)
e. Commercial Zones. In the C1, C2, C3, HS, MT, OP and RES zone districts, the keeping of no more than four dogs, four cats or a combination of such animals (four months of age or older) not to exceed a total of four, is allowed as an accessory use to any permitted residential use, subject to the provisions of subsection
E. However, the keeping of a larger number of dogs and/or cats may be permitted subject to a minor use permit for a commercial kennel/cattery first being approved. In the CPD zone district, the keeping of dogs and/or cats may be permitted subject to a conditional use permit for a commercial kennel/cattery first being approved.
f. Industrial Zones. In the AP, BP, IN and INP zone districts, the keeping of no more than four dogs, four cats or a combination of such animals (four months of age or older) not to exceed a total of four, is allowed as an accessory use to any permitted residential use, subject to the provisions of subsection
E. However, the keeping of a larger number of dogs and/or cats may be permitted subject to a minor use permit for a commercial kennel/cattery first being approved.
g. Resource and Open Space Zones. In the FOR, O, W and TPZ zone districts, the keeping of no more than four dogs, four cats or a combination of such animals (four months of age or older) not to exceed a total of four, is allowed as an accessory use to any permitted residential use, subject to the provisions of subsection
E. However, the keeping of a larger number of dogs and/or cats may be permitted subject to a minor use permit for a commercial kennel/cattery first being approved.
h. Combinations of Animals. The number of dogs, cats or a combination
of dogs and cats kept on a site shall not exceed the maximum levels
listed above, regardless of the purposes to which the animals are
put (e.g., an individual located on a three-acre (gross) parcel in
an RA zone district may not keep more than 16 dogs, even if six of
the animals are personal pets and the rest are breeding and/or show
animals, unless a minor use permit for a commercial kennel is first
obtained).
i. The provisions of subsections (F)(16) and (F)(17) are graphically
depicted in the table following subsection (F)(17).
17. Kennels and Catteries. The raising and keeping of dogs and/or cats
(four months of age or more) in greater numbers than are permitted
without by subsection (F)(16) constitutes a kennel/cattery for purposes
of this chapter. Kennels/catteries are divided into two categories:
a. Private Kennels/Catteries. The keeping of dogs and/or cats (four
months of age or older) as pets or for hobby, or other noncommercial
purposes is considered a private kennel/cattery. The maximum number
of dogs or cats which may be kept in a private kennel/cattery is restricted
based upon the zone district wherein the kennel/cattery is located
and as discussed in subsection (F)(16). Said limitations are graphically
depicted in the chart at the end of this subsection.
i. Note. The minimum lot size required by the zone district within which
the private kennel/cattery is to be located is also the minimum parcel
size required for an administrative review permit application submittal
(i.e., parcels which are smaller than the required lot size in the
zone district and are, therefore, nonconforming are not eligible to
have an application filed for permission to operate a private kennel/cattery
thereon).
b. Commercial Kennels/Catteries. The keeping of more dogs and/or cats
(four months of age or older) than are otherwise permitted in a private
kennel/cattery as discussed in subsections (F)(16) and (F)(17)(a)
and graphically depicted in the table below, or the boarding, training
or breeding of any number of dogs or cats, is considered a commercial
kennel/cattery and is permitted in the RA, RF, C1, C2, C3, RES, IN,
AE and F zones, subject to the approval of a minor use permit. For
purposes of this section the word "breeding" shall mean the breeding
of more than two litters on any one parcel in any calendar year.
i. Note. The minimum lot size required by the zone district within which
the commercial kennel/cattery is to be located is also the minimum
parcel size required for a minor use permit application submittal
(i.e., parcels which are smaller than the required lot size in the
zone district and are, therefore, nonconforming are not eligible to
have an application filed for permission to operate a commercial kennel/cattery
thereon).
c. Dog/Cat and Kennel/Cattery Table of Required Permits. The following
table is a graphic representation of subsections (F)(16) and (F)(17).
An administrative review permit (ARP) is required for a private kennel/cattery.
A minor use permit (MUP) or a conditional use permit (CUP) is required
for a commercial kennel/cattery, depending upon the zone district
in which the proposed kennel/cattery is located.
DOG/CAT AND KENNEL/CATTERY TABLE OF REQUIRED PERMITS
|
---|
Zone District
|
Number of Dogs or Cats Permitted
|
Discretionary Permits Required
|
---|
RS, RM
|
1—4
|
None
|
5—8
|
ARP
|
-AG
|
1—6
|
None
|
7—12
|
ARP
|
RA, RF—<4.6 acres
|
1—6
|
None
|
7—15
|
ARP
|
>15
|
MUP
|
RA, RF—4.6 acres or more
|
1—15
|
None
|
16—25
|
ARP
|
>25
|
MUP
|
AE, F—4.6 acres
|
1—6
|
None
|
7—15
|
ARP
|
>15
|
MUP
|
AE, F—4.6 acres or more
|
1—15
|
None
|
16—25
|
ARP
|
>25
|
MUP
|
C1, C2, C3, HS, MT, OP, and RES
|
1—4 1
|
None
|
>4
|
MUP
|
CPD
|
1 or more
|
CUP
|
AP, BP, IN and INP
|
1—4 1
|
None
|
>4
|
MUP
|
FOR, O, W and TPZ
|
1—4 1
|
None
|
>4
|
MUP
|
Note:
|
---|
1
|
Only allowed as an accessory use to a permitted residential
use
|
G. Multiple Animal Types. More than one species of the animals listed in subsection
F of this section may be kept on a single site provided that:
1. The requirements of subsection
F and all other applicable provisions of this section are satisfied for each species.
2. Where subsection
F of this section establishes a minimum site area for a specific species of animal, the largest minimum site area required for any one of the animal species which is proposed to be raised or kept on the site in question shall apply.
3. No animals shall be raised or kept on a site in excess of the number allowed by the animal density ratio for each type of animal as established in subsection
F, except that the animals permitted pursuant to subsections (F)(1), (F)(2), (F)(3), (F)(10), (F)(13), (F)(14), (F)(16) and (F)(17) may be kept on a site in addition to any animals allowed by subsections (F)(4), (F)(5), (F)(6), (F)(7), (F)(8), (F)(9), (F)(11) and (F)(12). Example: On a three-acre parcel (gross) located in the RF zone district, up to three horses may be kept, as well as rabbits which are raised outside.
H. Nuisance
Animals. In addition to the remedies for violation of this chapter
which are provided in Article 17.62 of this chapter and in Chapters
6 and 15 of this code, the dispute resolution process outlined below
may be used when any animal regulated by this section is determined
to be a nuisance by virtue of the noise it makes.
1. Whenever
any animal produces noise determined by a county enforcement official
with appropriate jurisdiction to be unusually loud and continues such
noise-making activity for an unreasonable period of time, the enforcement
official shall notify in writing the owner of the animal, or any other
party responsible for the animal, to quiet the animal so as to eliminate
the nuisance. The procedures in Article 17.62 of this chapter, or
in Chapters 6 and 15 of this code shall be followed. An opportunity
to resolve the nuisance situation may also be provided for as discussed
in subsection (H)(2) of this section.
2. After notification of the animal's owner, or a party responsible for the animal, but before any judicial hearing is scheduled, a dispute resolution meeting must be scheduled by the appropriate enforcement official. The dispute resolution meeting shall be attended by the animal's owner or the party responsible for the animal, the complainant, the enforcement official and a member of the Placer County animal advisory group (see subsection
I of this section) who has expertise appropriate to the situation being discussed. If the nuisance problem can be resolved as a result of this meeting, all formal enforcement proceedings shall be suspended, pending successful implementation of any and all agreements reached at the dispute resolution meeting. If the nuisance problem cannot be resolved in a satisfactory manner, formal enforcement proceedings shall again commence. Failure of the animal's owner or the responsible party, whichever is appropriate, to attend the dispute resolution meeting, shall be cause for formal enforcement procedures to continue to the next appropriate phase of processing.
I. Animal Advisory Group. An animal advisory group made up of volunteers with expertise in the raising and keeping of one or more types of animals regulated by this section shall be formed and maintained for the purposes discussed in subsection
H. The animal advisory group membership roster shall be maintained by the Placer County health officer, or an authorized designee, and shall include as few or as many individuals as are necessary to carry out the intent of this section. The purpose and intent of this section are included at subsection
A.
J. Animal Enclosures. Regulations regarding animal enclosures are found in Section
17.56.020 (Accessory buildings and uses).
(Ord. 5126-B, 2001; Ord. 5048-B (Exh. A), 2000; Ord. 5638-B § 1, 2011; Ord. 6190-B § 2, 2023)
A. Purpose.
This section establishes standards for the placement of antennas and
towers in all zone districts. It is the intent of this section to
minimize the adverse impacts of such equipment and structures on neighborhoods
and surrounding developments by limiting the height, number, and location
of such devices.
B. Permit
Requirements. Where allowed by Sections 5.100 et seq., antennas and
communications towers are subject to the following land use permit
requirements:
Type of Antenna
|
Required Land Use Permit (2)
|
---|
Cellular telephone, paging, etc.
|
MUP(3), ARP, or AA(1)
|
Commercial and public radio and television broadcast
|
MUP
|
Commercial earth stations
|
MUP
|
Community receiving antennas
|
MUP
|
Ham radio
|
None
|
Individual radio and TV receiving antennas
|
None
|
Microwave communications
|
MUP
|
Satellite dish receiving antennas (for private residential use
only)
|
None
|
Notes:
|
---|
(1)
|
See Sections 17.56.060(E) for "microcell" cellular facilities requirements, and 17.56.060(F) for antennas which are not visually obtrusive.
|
(2)
|
Cellular facilities located in the Tahoe Basin Area fall under
land use requirements in the community plan in which they are located.
|
(3)
|
Freestanding cellular communications towers not meeting the criteria of a microcell cellular facility nor meeting the criteria of Section 17.56.060(F) for "antennas which are not visually obtrusive" are subject to approval of a minor use permit. Examples include, but are not limited to, cellular monopoles and lattice towers.
|
C. General Standards. The following requirements apply to antennas in all zone districts, except where a more restrictive standard is required by subsections
D et seq., for a particular type of antenna:
1. Minimum
Lot Area. No minimum lot area is required for cellular antennas. For
all other antenna types, the minimum lot area shall be as required
by the zoning district in which the parcel is located.
2. Setbacks.
All antennas shall meet the minimum setbacks for the zone district
applied to the site. Exception: no setback is required for a cellular
telephone antenna except where required as a land use permit condition
of approval and shall not extend into any multi-purpose easement or
public utility easement that is adjacent to any public roadways or
streets.
3. Height
Measurement. The height of any antenna, except for satellite dish
antennas, shall be the distance from natural or approved pad grade
at its base (or to the base of any other structure to which the antenna
is attached) to its highest point. (See also Section 17.54.020(D)(3)).
4. Construction
Code Applicability. The installation of any antenna shall comply with
all applicable building and electrical codes.
5. Advertising
on Antennas. No advertising or display is permitted on any antenna.
6. Location
Near Septic Systems. The placement of any antenna shall not be placed
within the boundaries of any on-site sewage disposal system or its
repair area without written approval from the division of environmental
health.
D. Satellite
Dish Antennas. The following requirements apply to satellite dish
antennas:
1. Minimum Residential and Agricultural Standards. The following requirements apply to satellite dish antennas in residential and agricultural districts, in addition to the general requirements in subsection
C:
a. General Requirements. The following requirements apply to satellite
antennas in all residential and agricultural zones:
i. Height Limit. The maximum height for any ground-mounted satellite
antennas is 12 feet.
ii. Roof-Mounting Prohibited. No satellite antenna shall be mounted on
a building roof in residential and agricultural zones, except for
DSS antennas less than 18 inches in diameter which shall not exceed
the maximum height limit for the zone district in which they are located.
Satellite dish antennas (other than DSS antennas less than 18 inches
in diameter) shall be ground-mounted.
b. Residential Zones. The following requirements shall apply to satellite antennas in all residential zones established by Section
17.06.010 (Zone and combining districts established), on parcels zoned for a minimum lot area less than two and three-tenths acres.
i. Number of Antennas Allowed. Only one satellite antenna is permitted per parcel, except that where a parcel is zoned for a minimum lot area of two and three-tenths acres or more, an additional satellite antenna may be authorized by way of the administrative review permit approval procedure (Section
17.58.100).
ii. Screening Required. Satellite antennas (other than DSS antennas less
than 18 inches in diameter) shall be screened from public view from
streets and adjacent properties by fences, or walls of six feet in
height and/or landscaping.
2. Commercial and Industrial Standards. The following requirements shall apply to satellite antennas in all commercial and industrial zones established by Section
17.06.010 (Zone and combining districts established):
a. Height Limit.
i. The maximum height for any ground-mounted satellite antenna is 20
feet above natural or approved pad grade.
ii. A roof-mounted satellite antenna may exceed the maximum height requirement
of the zone district by not more than 10 feet.
b. Number of Antennas Allowed. One satellite antenna is permitted per
building in the commercial and industrial zone districts. Additional
antennas shall constitute outdoor sales/storage, and their placement
shall require minor use permit approval. The minor use permit approval
of these additional antennas may impose different restrictions on
their placement.
c. Satellite Antenna Businesses. Due to the special requirements of
businesses which sell satellite antennas, three antennas may be permitted
for demonstration purposes. See also subsection (D)(2)(f), for exceptions
to setback requirements for satellite antenna businesses.
d. Design Review Districts. In design review (-Dc, -Dh, and -Ds) districts,
the placement of any satellite antenna shall require design review
approval. The design/site review committee may require additional
conditions of approval based on the review of the specific site. Such
requirements may include, but are not limited to, the color and materials
(mesh or solid) of the proposed dish, screening, landscaping, and
other aesthetic considerations. The committee may, for satellite antenna
businesses only, approve locations within the front yard based on
their site review.
E. "Microcell"
Cellular Communications Facilities. The purpose of a "microcell" cellular
communications facility is to provide communications coverage to a
geographically limited and specifically defined area (e.g., a busy
street intersection, an individual building or a topographically constrained
area). Such facilities are integrated with standard cellular technology
(i.e., a macrocell) to provide wireless communications services to
the public. The installation of such facilities shall be subject to
zoning clearance if the following standards are met; otherwise, an
administrative approval permit, at the discretion of the planning
director, shall be required:
1. All
required building and construction permits are first obtained;
2. Any
required design review approvals are first secured;
3. No
new antenna tower is erected (microcell facilities may be located
on existing poles, towers, buildings, etc. in compliance with this
subsection);
4. No
antenna shall be located within 30 inches of any space occupied by
or available to the public;
5. No
antenna shall exceed six square feet in area;
6. The
equipment shelter associated with a microcell site may not exceed
100 square feet in floor area nor six feet in height;
7. The
antenna(s) may be mounted on a roof only if the height of the antenna(s)
at the highest point does not exceed the horizontal distance from
the antenna to the edge of the rooftop.
F. Antennas
Which Are Not Visually Obtrusive. Antennas (including any supporting
structures and appurtenances) which are installed to meet the following
standards (as determined by the planning director), shall require
the approval of an administrative review permit, except antennas which
are being collocated on existing approved towers or other existing
approved structures as described in subsection (F)(1), (2), and (5)
below, shall only require administrative approval. Any such installation
must also be found not to create the potential for adverse noise (from
generators or other accessory equipment), access or grading problems.
These types of installations may also require building, electrical
or other construction permits, as well as design review approval.
It will be necessary for an applicant to submit site plans, drawings,
photographic simulations and any related information deemed necessary
by the planning director to determine that a proposed installation
meets these criteria. The planning director, at his or her discretion,
may choose to require that an administrative review permit be obtained
for any antenna installations described in subsection (F)(3), (4),
(6), or (7) below.
1. Antennas
located entirely within an otherwise approved sign. May include antennas
placed within the sign face or attached to a support structure so
long as the design is such that the antennas are effectively unnoticeable.
Such antennas may not be placed on a non-conforming sign.
2. Flush
mounted, color coordinated antenna panels on existing buildings where
equipment is not visible above the roof line. All equipment shelters,
cabinets, or other accessory structures shall be located within the
building utilized for the antennas, or on the ground located outside
of any required setback or parking space.
3. Antennas
built into architectural features or which appear to be architectural
features themselves, added to existing structures (such as chimneys,
cupolas, dormers, bell towers, steeples, water tanks, stadium lights,
utility poles, and other similar features) where the height limit
for such architectural features is not exceeded. All equipment must
be located as described in subsection (F)(2) of this section.
4. Antennas
constructed such that they appear to be natural features indigenous
to the site (such as trees and rocks).
5. Co-location
on existing facilities with the same types of antennas as those currently
present and where the height of the existing antenna pole does not
increase.
6. Installations
which are located so far from any prospective viewer and in such a
way as to have a backdrop of terrain which obscures the visibility
of the antenna as to make it visibly unobtrusive and effectively unnoticeable.
7. Antennas
located on existing lattice power transmission towers where the overall
height of the tower would not increase by more than 12 feet. A maximum
of two service providers may "stack" antennas in this arrangement,
unless authorized by a minor use permit approval. All equipment shelters,
cabinets, or other accessory structures shall be located within the
footprint of the tower.
G. Ground-Based
Equipment Installations Within Existing Approved Ground Lease Areas.
Installation of new ground based accessory equipment within existing
approved ground lease areas, including replacement of existing approved
equipment, may be approved by zoning clearance when found to meet
the following criteria. Examples of ground-based equipment that may
meet the criteria of this section include installation of new or replacement
radio equipment cabinets (excluding establishment of new equipment
shelter buildings), new or replacement equipment shelter air conditioner
units, fuel cell battery back-up units, new or replacement electrical
panels, telco support racks, ice bridges, fiber cables and coaxial
cables, back-up generators of less than 50 brake horsepower (gas,
diesel, propane or natural gas powered), and other such ancillary
support equipment as determined by the planning director or designee
in accordance with the following standards:
1. All
equipment is located within an existing approved ground lease area.
2. All
generators shall be fitted with a level 2 sound enclosure or better
and all building plans for such generator shall include noise information
to demonstrate that such noise shroud attenuates noise at the nearest
property boundary to the level specified in the Placer County General
Plan Noise Element Table 9-1 (or less). If inclusion of a noise shroud
alone will not attenuate noise at the nearest receiving property boundary
as specified in Table 9-1, a CMU enclosure may be proposed and information
shall be included to demonstrate that the CMU enclosure adequately
attenuates noise levels.
H. Expansion
of ground lease areas to support installation of new ground based
equipment shall require approval of an administrative approval permit.
I. AM
and FM Radio and Television Antennas. Refer to Section 17.56.180(C)(1)
(Residential Accessory Uses).
(Ord. 5126-B, 2001; Ord. 5471-B Exh. A, 2007; Ord. 5942-B § 3, 2019; Ord. 6048-B § 35, 2020; Ord. 6164-B § 7, 2022)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, bed and breakfast establishments are subject to the requirements of this section. Bed and breakfast establishments provide overnight lodging for paying guests in a building designed as a single-family dwelling. Bed and breakfast establishments may serve meals or other food to guests only where authorized by the Placer County health department.
A. Owner Operation and Occupancy Required. A bed and breakfast establishment shall be operated, maintained, and occupied by the property owner, except when located in a commercial zone as provided by subsection
E.
B. Location
of Guest Rooms. Bedrooms for paying guests shall be located in the
main residence of the property owner, with access to each bedroom
provided from within the residence.
C. Maximum
Number of Guest Rooms. A bed and breakfast establishment shall provide
no more than six bedrooms for paying guests. Guest rooms shall not
have cooking facilities.
D. Signs. Allowed signs for a bed and breakfast establishment are limited to the following instead of the signs otherwise allowed by Section
17.54.170 et seq. (Signs):
1. One
sign attached to the main residence on the site, with a maximum area
of four square feet; and
2. One
freestanding sign, not to exceed 20 square feet in area nor six feet
in height above grade, placed on the site near the entrance from the
public street to the establishment.
E. Bed and Breakfast Establishments Located in Commercial Zones. A bed and breakfast establishment shall be considered a hotel or motel when located in any commercial zone. Such establishments are allowable where hotels and motels are allowed by Section
17.06.050 (Land use permit tables), subject to all applicable requirements of this chapter for hotels and motels, including but not limited to those in Section
17.56.130 (Hotels and motels). Bed and breakfast establishments located in commercial zones are not subject to the requirements of this section.
F. Bed
and Breakfast Establishments Located in Residential Single-Family
(RS) Zones. Bed and breakfast establishments may be established in
residential single-family (RS) zones, subject to the provisions of
this section, and subject to the following additional requirements:
1. Maximum
Number of Guest Rooms. A bed and breakfast establishment located in
an RS zone shall provide no more than four bedrooms for paying guests;
and
2. Location
on County Road. A bed and breakfast establishment shall be operated
in an RS zone only if the property on which such establishment is
located directly abuts and is served by a county-maintained public
road; and
3. Permit
Required. A bed and breakfast establishment shall be operated in an
RS zone only if a minor use permit is first obtained.
(Ord. 5126-B, 2001)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, incidental camping, commercial and institutional campgrounds, and recreational vehicle (RV) parks are subject to the requirements of this section.
A. Incidental
Camping. The use of tents, travel trailers, recreational vehicles
or other mobile camping equipment for camping and other recreational
purposes incidental to the principal use of a site for some other
purpose is subject to the following requirements.
1. Where Allowed. Incidental camping may occur in the zone districts provided by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations).
2. Time
Limit. Incidental camping shall not occur for more than 30 calendar
days in any 180 consecutive days.
3. Property
Owner Authorization. The site occupant has written permission from
the owner to camp.
4. Camping
Impacts. Incidental camping shall be conducted so as to create no
health, fire or other safety hazard.
5. Size.
Not more than two vehicles shall be associated with such incidental
camping.
B. General
Requirements for Campgrounds and RV Parks. The following requirements
shall apply to both commercial and institutional campgrounds, and
recreational vehicle parks.
1. Application Contents. The application for the type of land use permit required by Section
17.06.050 (Land use and permit tables) for a campground or recreational vehicle park shall include:
a. Basic Information. All forms and materials specified by Section
17.58.030 (Required application contents).
b. Campground/RV Park Information. The application shall also include
all additional information and materials specified by the list of
"required application contents for campgrounds and RV parks" furnished
by the planning department.
c. Sign Plan. An overall sign plan shall be prepared for all proposed
campgrounds and RV parks and shall be submitted for review and approval
along with the land use permit application. The sign plan shall include
both freestanding and building signs. The plan may also provide for
internal signs (those not visible from off-site roads or adjoining
property) that are strictly directional in nature.
2. Access
to Site. Access to campgrounds or recreational vehicle parks shall
be by means of a paved road with a minimum width of 25 feet and two
four-foot native shoulders, designed and constructed to county standards.
A recorded legal easement not less than 40 feet wide shall be established
from a county maintained road to the campground or recreational vehicle
park.
3. Disabled
Accessibility. Applicants should be advised that the Americans with
Disabilities Act (ADA) may establish specific requirements for disabled
accessibility within camping facilities. Applicants should review
the federal law directly.
4. Internal
Roads. The maximum grade on all roadways below 3,000 feet in elevation
shall be 15%; and 10% on roadways above 3,000 feet in elevation.
5. Parking
Requirements. Off-street parking shall be provided within a campground
or recreational vehicle park as follows.
a. Number of Spaces. Two spaces per lot or campsite. Four spaces at
or near each comfort station on a roadway shall also be provided,
which may be counted as part of the overall number of spaces required
for the campsites. Parking shall be provided at the park entrance
for guest registration.
b. Screening Required. Parking areas and campsites shall be screened
from public roads, or roads that serve other properties.
c. Location of Parking. When parking is proposed adjacent to roadways,
the spaces shall be in addition to the required width of the roadway
so as to not restrict traffic movement.
6. Public
Improvements. Improvements to a county road may be required along
the frontage of the project. Off-site improvements may be required
to provide a safe and adequate access.
7. Numbering.
Campsites shall be numbered, with the numbers visible on each campsite.
8. Commercial
Uses. A campground or recreational vehicle park may contain commercial
uses for the convenience of campers, provided that such uses shall
not occupy more than 500 square feet for each 50 spaces.
9. Manager's Quarters. Living quarters may be provided for the use of a caretaker or manager as provided in Section
17.56.090 (Caretaker and employee housing).
10. Conditions of Approval—Landscaping or Forest Management Plan.
As a condition of the approval of a land use permit (Article 17.58)
for a campground or RV park, a landscaping or forest management plan
may be required by the granting authority.
C. Campgrounds. (Permitted as a "Recreation, Education and Public Assembly" use in RF, HS, RES, FOR, O and TPZ districts, subject to the approval of a minor use permit.) The following requirements apply to sites to be used by camping parties where individual water, sewer, and power hookups may be provided to each campsite. Recreational vehicle parks are instead subject to the provisions of subsection
D, which permits the same type of service amenities, but at higher overall density/intensity.
1. Density.
Density shall not exceed eight units per acre.
2. Setbacks.
All park facilities, including, but not limited to, campsites, lots
and parking areas, shall be located a minimum of 30 feet from exterior
property lines.
3. Internal
Roadways.
a. Width. Each campsite shall have direct access to a roadway. The roadway
shall be not less than 20 feet wide if designed for two-way traffic,
and 12 feet wide for one-way traffic.
b. One-Way Roads. Each one-way roadway shall originate from and terminate
upon a two-way roadway.
c. Intersections. Four-way intersections shall be utilized only where
there is no other feasible road design.
d. Paving. Internal roadways shall be surfaced with asphaltic concrete
or a double chip seal, or as approved by the applicable county department,
unless the hearing body finds that an alternative would be more appropriate.
4. Recreational
Facilities. Any recreational facilities within a campground shall
be limited to the use of campers or their guests unless otherwise
provided by the use permit.
5. Signs. Signs for campgrounds shall be allowed as follows, instead of as provided by Section
17.54.180 (On-premises signs). Campground signs are still subject to the requirements of Sections
17.54.170 (Signs), 17.54.190 (Off-premises signs), and 17.54.200 (Nonconforming signs).
a. Area of Signs in the Tahoe Basin. Campgrounds within the Tahoe Basin
shall be limited to a maximum aggregate sign area of 50 square feet,
including only one building sign and/or one freestanding sign.
b. Signs in Other Areas. Campgrounds outside the Tahoe Basin shall be
allowed up to 80 square feet of aggregate sign area visible from external
roadways and adjoining property, as follows:
i. Number of Signs Allowed. Up to two freestanding signs and one building
sign.
ii. Sign Area. No single sign shall exceed 40 square feet.
c. Height Limit. The maximum height for signs shall be 25 feet, but
no higher than the height of the tallest building on the site.
D. Recreational
Vehicle Parks. (Permitted as "Transient Lodging" use in the C2, HS,
RES and AP zone districts, subject to the approval of a conditional
use permit by the planning commission.) The following requirements
apply to sites to be used by camping parties occupying recreational
vehicles or tents, where individual water, sewer, and power hookups
may be provided to each campsite.
1. Density.
A maximum of 15 units per acre, or lower density as required by the
approval body.
2. Setback
Requirements. All park facilities, including, but not limited to,
campsites, lots and parking areas, shall be located a minimum of 30
feet from exterior property lines.
3. Campsite
Design. The minimum area for each campsite shall be 1,200 square feet.
The minimum width of each campsite shall be 24 feet.
4. Internal
Roads. The maximum grade on all roadways below 3,000 feet in elevation
shall be 15%; and 10% on roadways above 3,000 feet in elevation.
5. Recreation
Area Required. Fifteen percent of the park shall be devoted to recreational
usages and facilities, including the required perimeter setbacks (subsection
(D)(3)) and any other open space and buffer areas. The use of the
recreational facilities shall be limited to park residents.
6. Signs. Signs for RV parks shall be allowed as follows, instead of as provided by Section
17.54.180 (On-premises signs). Recreational vehicle park signs are still subject to the requirements of Sections
17.54.170 (Signs), 17.54.190 (Off-premises signs), and 17.54.200 (Nonconforming signs).
a. Signs in the Tahoe-Sierra Area or MT Zone. Parks located within the
Tahoe-Sierra area or motel (MT) district shall be limited to a maximum
aggregate sign area of 50 square feet, including only one building
sign and/or one free-standing sign.
b. Signs in Multifamily Zone. Parks located in the RM zone district
and outside the Tahoe Basin shall be allowed up to 80 square feet
of sign area visible from external roadway and adjoining property.
The sign area shall be limited to:
i. Up to two freestanding signs and one building sign.
ii. No single sign shall exceed 40 square feet.
c. Signs in Other Areas. Parks located in C-1, C-2, or HS zone districts
and outside of the Tahoe Basin shall be allowed up to 150 square feet
of sign area visible from external roadways and adjoining property.
The sign area shall be limited to:
i. Up to two freestanding signs and one building sign.
ii. No single sign shall exceed 75 square feet.
d. Height Limit. The maximum height for signs shall be 25 feet, but
no higher than the height of the tallest building on the site.
(Ord. 5126-B, 2001; Ord. 5824-B § 14, 2016; Ord. 6164-B § 8, 2022)
When allowed by Section
17.06.050 (Land use and permit tables) in the applicable zone, caretaker and employee housing is subject to the requirements of this section. (Note. Except as provided by subsection F, caretaker and employee housing shall consist of permanent-type construction.)
A. Eligibility.
Caretaker and employee housing may be established on the site of another
use only as follows, or by-right through the construction of mobile
homes, manufactured homes, or moveable tiny houses specifically for
caretaker or employee housing:
1. Caretaker
Housing. Caretaker housing shall be allowed only where the principal
commercial, industrial, habitat management, or institutional use of
the site involves operations, equipment or other resources that require
24 hour oversight.
2. Employee
and Seasonal Worker Housing. Employee and seasonal worker housing
shall be allowed where the site would otherwise qualify for caretaker
housing as provided by subsection (A)(1), and where the subject business,
operation or institution proposing employee or seasonal worker housing
is in a location where other housing is unavailable or infeasible,
or in any other situation where the planning director determines that
employee housing would reduce vehicle trips.
B. Status
of Occupants. At least one of the occupants of a caretaker or employee
housing unit shall be a full-time employee of the business, operation
or institution that qualifies for caretaker or employee housing pursuant
to this section.
C. Location
of Housing Unit. An allowed caretaker or employee housing unit shall
be located on the same lot as the principal use needing the housing,
as follows:
1. Commercial
or Industrial Zones. Within commercial or industrial zones, a caretaker
or employee dwelling shall be located as follows:
a. Attached Unit. If the housing unit is to be established within a
main building, it shall be located on the second floor or in the rear
half of the building.
b. Detached Unit. A detached housing unit shall be located behind a
main building, or on the rear half of the lot.
2. Agricultural
Zones. Within agricultural or resource zones, the housing unit shall
be located as specified in the use permit.
D. Number
of Housing Units Allowed. No more than one caretaker or employee housing
unit shall be allowed for any principal use, except that:
1. In the case of temporary employee housing pursuant to subsection
F of this section, the planning director may approve the number of additional units that the director determines are necessary for the conduct of the principal use.
2. The planning commission may authorize additional units through conditional use permit approval (Section
17.58.130), based on the commission making specific findings that document the necessity for the number of approved units.
E. Removal
of Housing Unit. A caretaker or employee housing unit shall be used
no longer than the existence of the principal use of the site that
justifies the caretaker or employee unit. Upon termination of the
principal use, the unit shall be removed (or in the case of a site-built
or apartment-type unit, converted to another approved use) within
45 days after ceasing the principal use.
F. Construction
and Mining Temporary Housing Units. The use of a mobile home or recreational
vehicle for caretaker or employee housing is permitted only where
necessary for the employees of a mining operation, or for highway
or other temporary construction and is subject to the following requirements.
1. Where
Allowed. Temporary dwellings for employees are allowed only for the
purposes and in the locations specified by subsections (F)(2) through
(F)(3), on sites that are not zoned RS (single-family residential).
2. Mining.
The use of a single temporary housing unit for mining purposes may
be permitted on or near the property where any mine is located, provided
the housing unit is occupied for mining claim assessment purposes
and all of the following conditions are found to apply:
a. Location. The site of the mobile home is located outside the urban areas, as such are defined by Section
17.04.030 (Definitions), and is not zoned RS (single-family residential).
b. Minimum Lot Area. The lot is five acres or larger.
3. Temporary
Construction Work. The use of a temporary dwelling in connection with
highway or other temporary construction work may be permitted only
when the construction work will take place outside urban areas where
permanent housing is unfeasible and mobile home park, recreational
vehicle park, or trailer court space is unavailable.
4. Time
Limit. Temporary employee housing units shall be removed from their
approved site upon completion of the mining or construction project,
or after three years, whichever comes first. The planning director
may authorize additional time periods for unfinished projects.
Upon removal, a temporary housing unit shall be relocated to
another approved site, or approved storage yard.
|
G. Maximum
Floor Area for Caretaker and Employee Housing. The maximum floor area
allowed shall be based on the area of the lot as follows: (Note: "Floor
area" as used in this section means the living area of a dwelling,
exclusive of any garage or carport, which is measured from the outside
surfaces of exterior walls or walls between living areas and a garage.)
|
Maximum Floor Area
|
---|
Less than 1 acre
|
640 sq. ft.
|
1 acre to 2.29 acres
|
840 sq. ft.
|
2.3 to 4.59 acres
|
1,000 sq. ft.
|
4.6 acres or more
|
1,200 sq. ft.
|
(Ord. 5126-B, 2001; Ord. 5692-B §§ 11, 12, 2012; Ord. 6022-B § 15, 2020; Ord. 6041-B § 13, 2020; Ord. 6144-B § 27, 2022)
When allowed by Section
17.06.050 (Land use and permit tables) in the applicable zone, farmworker dwelling units and farmworker housing complexes are subject to the requirements of this section. Agricultural (farm) employee (farmworker) housing does not include a hotel, motel, bed and breakfast lodging or recreational vehicle park.
Farmworker housing provided by the employer and maintained in
connection with the work or place where work is being performed must
comply with all provisions of Section 17008(a) of the California Health
and Safety Code. Farmworker housing not maintained in connection with
any workplace and provided by someone other than an agricultural employer
must comply with all provisions of Section 17008(b) of the California
Health and Safety Code.
Every person, or agent or officer thereof, constructing, operating,
or maintaining farmworker housing shall comply with the requirements
of this section and all applicable health, safety and building codes
and standards.
A. Permit
Requirements. Farmworker housing for agricultural (farm) employees
and their families consisting of up to 36 beds in a group quarters
(farmworker housing complex) or up to 12 farmworker dwelling units
shall be allowed subject to the same fees applicable to an agricultural
use. In the event the housing units are converted to some other use,
the units shall be subject to all applicable zoning ordinance standards
existent at the time of conversion.
1. All
agricultural farm employee housing must comply with county regulations
and permitting requirements which includes, but is not limited to:
building construction, sewage disposal, and water supply, prior to
occupancy of the housing units.
a. No person shall construct, reconstruct, erect, install, relocate
or alter any building used for human habitation, building accessory
thereto, or other housing accommodations, intended to be used for
farmworker housing or any electrical, mechanical, or plumbing equipment
or installation in farmworker housing, without first obtaining necessary
permits from Placer County.
b. Except as otherwise permitted or required by Division 13, Part 1.5
of the
Health and Safety Code (State Housing Law), all buildings and
structures subject to the State Housing Law shall be constructed in
accordance with the requirements contained in Parts 2, 3, 4 and 5,
Title 24,
California Administrative Codes.
c. Construction permits for the permanent installation of the facilities
to accommodate mobile homes and recreational vehicles shall be obtained
from the enforcement agency which has responsibility for the enforcement
of the Mobilehome Parks Act, Division 13, Part 2.1, of the Health
and Safety Code.
d. The use of tents, recreational vehicles or other mobile camping equipment for agricultural farm employees shall not occur for more than 30 calendar days in any 180 consecutive day period. Incidental camping shall be conducted so as to create no health, fire or other safety hazard. For five or more workers, a permit to operate from the California Department of Housing and Community Development (HCD) must be been obtained and maintained (see subsection
E of this section).
e. In the FOR and TPZ zone districts, tents, recreational vehicles or
other mobile camping equipment for agricultural farm employees may
be used for up to 90 days annually.
f. The minimum parcel size for farmworker housing shall be 2.3 acres.
2. Farmworker
Dwelling Unit. Housing for up to six agricultural (farm) employees
or one farm employee and his or her household is an allowed use in
the RA, RF, AE, F, TPZ, and FOR zone districts.
A farmworker dwelling unit must meet California Code and county
minimum dwelling size standards and shall not be subdivided from the
primary parcel. At least one parking space per dwelling unit shall
be provided.
A farmworker dwelling unit does not need to be located on the
site of a qualifying agricultural operation where the farmworkers
are employed.
3. Farmworker
Housing Complex. A farmworker housing complex is an allowed use in
the RA, RF, AE, F, TPZ and FOR zone districts, with up to 36 beds
in group quarters and 12 units designed for use by single families
or house-holds. A farmworker housing complex does not need to be located
on the site of a qualifying agricultural operation where the farmworkers
are employed.
For farmworker housing complexes in group living quarters, such
as barracks and bunkhouses, the minimum floor area used for sleeping
purposes is 50 square feet for each occupant. At least one parking
space per unit or one space per three beds, whichever is more, as
well as one space per farmworker housing complex employee shall be
provided.
B. Farmworker Verification. Permanent farmworker dwelling units and farmworker housing complexes require the completion of a farmworker housing verification form prior to building permit application submittal. The verification form shall include information regarding the housing type, number of dwelling units or beds, length of occupancy, number of occupants, occupants' employment information, and, for farmworker housing for five or more workers, proof that a permit to operate from the California Department of Housing and Community Development (HCD) has been obtained and maintained (see subsection
E of this section).
The verification form shall be submitted annually by May 15th of each year to the planning services division director or designee, in a form acceptable to the planning services division director, that all the dwelling units or sleeping quarters are being rented to and occupied by persons who meet the agricultural (farm) employee employment criteria established in Section
17.04.030 ("Agricultural (farm) employee").
At a minimum, the verification form must contain the following
information:
1. Entity
responsible for housing maintenance and upkeep;
2. Description
of whether the housing will be based on a permanent, temporary, and/or
seasonal basis;
3. Total
number of people to be housed on-site at any one time;
4. Description
of the housing, including, whether the structures will be permanent
and/or temporary, intended as units for families, one person or several
persons, and cost of the units and utilities to the workers;
5. Location(s)
of where the employees will work;
6. Assessment
of how much water will be used by the proposed development and description
of how water is proposed to be supplied to the housing and how the
water system complies with all applicable state and local potable
water supply requirements; and
7. Description
of the sewage disposal method, such as septic systems, to be used
to service the housing and how the sewage disposal method complies
with all applicable state and local potable water supply requirements.
C. Location
of Housing. Farmworker housing shall be located not less than 75 feet
from barns, pens, or other structures that house livestock or poultry.
The housing must be located off prime and productive agricultural
land, unless no other alternative locations exist on-site. On parcels
adjacent to residential multifamily (RM) or residential single-family
(RS) zoned property, year-round farmworker housing must be set back
a minimum of 200 feet from the property line adjacent to the residential
zoning district. Otherwise, farmworker housing shall comply with the
setback requirements of the applicable zoning district.
D. Removal
of Housing. Farmworker housing is subject to removal within 45 days
(or converted to another approved use) if the agricultural employment
upon which the need for the unit(s) is based is eliminated. This section
shall not apply if a showing is made that elimination of the agricultural
use for no more than 24 months is related to the long-term functioning
of agriculture on the site(s) used to establish the housing need (e.g.,
crop rotation, replanting, disease or the like).
E. State Reporting Requirements. Farmworker housing for five or more employees is subject to the permitting requirements of the California Housing Employee Act. The property owner shall obtain and maintain a permit(s) with the State Department of Housing and Community Development (HCD), pursuant to the Employee Housing Act and the
California Code of Regulations, Title 25, Division
1, Chapter
1, Sections 600 through 940, prior to occupancy of the housing units. A copy of the HCD permit shall be provided to the planning services director within 14 days of issuance or at the time of building permit application submittal, whichever is earlier.
F. Number of Housing Units Allowed. No more than 36 beds in a group quarters or up to 12 farmworker dwelling units or spaces designed for use by a single family or household are allowed on an individual parcel. The planning commission may authorize additional beds or units or a combination of group quarters and farmworker dwelling units through conditional use permit approval (Section
17.58.130), based on the commission making specific findings that document the necessity for the number of approved units.
(Ord. 5692-B § 13, 2012; Ord. 5895-B § 7, 2017; Ord. 6144-B § 28, 2022)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, the commercial manufacturing and/or storage of explosives are subject to the requirements of this section.
A. Minimum
Parcel Size. Existing parcels and proposed new parcels intended for
commercial explosives manufacturing and storage shall satisfy the
following requirements:
1. Minimum
Lot Area. Six hundred forty acres.
2. Minimum
Lot Width. Four thousand feet.
B. Setback
Requirements.
1. Front.
One thousand two hundred feet.
2. Street-Side,
Side and Rear. One thousand two hundred feet.
C. Maximum
Coverage. One percent of the site.
D. Height
Limit. Twenty feet.
E. Parking
Requirements. Two off-street parking spaces for each magazine or mixing
building.
(Ord. 5126-B, 2001; Ord. 6048-B § 36, 2020)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, home occupations are subject to the requirements of this section.
A. Purpose
and Intent. The purpose of this section is to allow for limited or
occasional commercial-type activities to be conducted within dwellings,
detached accessory structures and garages (or, for occasional yard
sales, and plant nurseries adjacent to a dwelling or garage) as home
occupations. A home occupation business approval allows the use of
a residence for a variety of small businesses, but not to the extent
that excessive pedestrian and vehicular traffic is generated. The
intent of this section is to insure the compatibility of home occupations
with the surrounding neighborhood.
B. Limitation
on Use. Home occupations shall be limited to activities carried on
by the occupants of a dwelling as an accessory use to the principal
use of the site as a dwelling, as follows:
1. Allowed Uses. For guidance, permitted home occupations include but are not limited to: accounting, bookkeeping and tax return preparation; the making of clothing; computer programming; art, dance, music or swimming lessons; sales or repair of firearms (provided that a minor use permit has first been obtained pursuant to the provisions of Section
17.58.120 of this chapter) or any other business that meets the intent and specific requirements of this section.
2. Uses
Prohibited. For guidance, the following and similar uses are not allowed
as home occupations: commercial retail sales (except as allowed pursuant
to subsection (C)(8)); auto repair or painting; any outdoor business
activity not otherwise consistent with this chapter.
C. Performance
Standards. A zoning clearance or other land use permit granting approval
of a home occupation business license shall be approved only if the
proposed home occupation satisfies each of the following criteria:
1. Accessory
Use Only. The activity shall be consistent with and clearly accessory
to the principal use as a dwelling.
2. Exterior Evidence of Use. There shall be no exterior display or evidence of the home occupation, such as noise, light, etc., other than signing as allowed by subsection
E and other than the display of items associated with a garage/yard sale or a plant nursery as allowed by subsection (C)(8). No outdoor storage of supplies, materials or products associated with the home occupation is permitted. The storage of vehicles associated with a home occupation shall be as provided by subsection (C)(5).
3. Location
of Home Occupation. A home occupation shall be conducted only within
an enclosed living area of the dwelling, detached accessory structure
that does not exceed any size limitation contained elsewhere in this
ordinance, or attached garage, or, in the case of a garage/yard sale
or plant nursery, adjacent to a dwelling or a garage. Home occupations
shall not be permitted out-of-doors on the property or in any trailer
or other temporary structure unless allowed by subsection (C)(8),
or unless otherwise consistent with this chapter.
4. Equipment.
No mechanical equipment shall be used that creates visible or audible
interference in line voltage outside the dwelling unit or that creates
noise, odor, glare, smoke or dust not normally associated with residential
uses.
5. Vehicles,
Delivery and Pick Up. No commercial vehicle, including taxis and limousines,
shall be stored on the site even if owned, rented, or leased by the
home occupation operator, unless allowed pursuant to the provisions
of Section 17.56.250(B)(1) or (B)(2) (Commercial vehicle storage).
No more than one commercial vehicle round trip per day, not including
taxi or limousine trips, shall be made for the purpose of picking
up or delivering raw materials, finished products, equipment or similar
materials, to or from the home occupation residence.
6. Limited
Employees Permitted. One employee other than the actual residents
of the dwelling may be engaged in the home occupation when operated
from a single-family detached home. There shall be no other individuals
employed at the residence or reporting on-site, unless the home occupation
is located on at least 4.6 acres, in which case a maximum of two such
employees may be permitted.
7. Number
of Patrons. No home occupation or combination of home occupations
on a single site shall involve more than three patrons visiting the
site at any one time and a maximum of 15 patrons per day except for
occasional garage/yard sales.
8. Retail
Sales. On-site sale of goods shall be allowed a maximum of 30 days
per year except for occasional garage/yard sales which shall be limited
to no more than nine consecutive days nor more than four total weekends
per year (nine days total within any calendar year). In the case of
plant nurseries, growing may occur outdoors at all times but actual
retail sales are limited as noted above, to a maximum of 30 days per
year.
9. Storage
of Materials. The storage of materials, goods, supplies or equipment
shall be of a type normally associated with a single family residence
or other use permitted in the applicable zone district. Any hazardous
or potentially hazardous materials shall not exceed amounts commonly
found in single-family residences. [As an example, backhoes and the
trailers to haul them, specialized sinks (such as those found in a
commercial hair salon), commercial cabinetry manufacturing equipment,
etc., are not permitted.]
10. Number of Home Occupations. In no case shall more than two home occupations
be conducted on a single site, and where there are two permitted,
the above limitations shall apply to the combined uses. For purposes
of this subparagraph, occasional garage/yard sales may be conducted
as allowed by subsection (C)(8) regardless of the existence of two
other home occupations on the same site.
11. Hours of Operation. Home occupations shall be conducted primarily
between the hours of seven a.m. and ten p.m. No employee traffic,
deliveries, or equipment that is available outside the structure shall
be permitted after ten p.m. nor before seven a.m. each day.
12. Plant Nurseries. Plant nurseries may be permitted as a home occupation
under the following conditions and subject to all of the performance
standards noted above.
a. The plant growing operation must not be readily visible from the
street.
b. The growing area must not exceed 5,000 square feet.
c. The growing operation must conform to the regulations of the State
Department of Food and Agriculture and State Department of Pesticide
Regulation.
D. Parking.
One off-street parking space shall be provided for any vehicle used
in the home occupation pursuant to subsection (C)(5), in addition
to any garage spaces required by Section 17.54.060(B)(5) for the dwelling,
and one additional space for each employee that may be permitted by
subsection (C)(6) of this section. Any parking provided shall not
obstruct emergency vehicle access on any public or private road.
E. Signs.
Home occupations shall be allowed signs only as provided by Section
17.54.170(C)(2)(l) (Residential Identification Signs).
(Ord. 5126-B, 2001)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, hotels and motels are subject to the requirements of this section.
A. Density
Limitations. The density of motel and hotel units shall not exceed
the limits established by this subsection.
Zone District
|
Maximum Allowed Density for Motel and Hotel Units
|
---|
Without Kitchens
|
With Kitchens
|
---|
C1, C2, C3, CPD, HS
|
1 unit per 1,000 sq. ft. of site area
|
C1, C2, C3, CPD in the Tahoe-Sierra area
|
1 unit per 1,000 sq. ft. of site area, to a maximum of 25 units
per acre
|
1 unit per 3,000 sq. ft. of site area, to a maximum of 15 units
per acre
|
BP, IN, INP, RES, APT
|
As determined by conditional use permit
|
(Ord. 5126-B, 2001; Ord. 5375-B § 12, 2005)
When allowed by Section
17.06.030 et seq., (Allowable land uses and permit requirements) in the zone applicable to a site, multifamily and mixed use developments shall conform to the requirements of the applicable zone district unless more permissive standards are established in this section or in the Multifamily and Mixed Use Design Manual. Mixed use developments are subject to the requirements of subsections A through F below. Multifamily developments are subject to the requirements of subsection F below.
A. Purpose.
Encourage a mix of uses that promotes efficient use of land, economic
vitality, and a pleasant quality of life, reduces vehicle trips, and
improves access to a greater range of facilities and services for
residents.
B. General
Requirements. The following requirements shall apply to all mixed
use development projects:
1. Commercial
and residential uses shall be complementary and mutually supportive
of each other and shall be integrated into the community or neighborhood
where the development is located.
2. The
residential component shall be allowed on separate lots within the
development.
3. The
residential component may include a full range of single-unit and/or
multi-unit residential design concepts.
4. On
commercially zoned land, the residential component shall be constructed
concurrently with or following construction of the commercial component
of the project site. On residentially zoned land, timing provisions
shall not apply.
5. Mixed
use development projects may be phased.
6. Mixed
use development may include live/work units.
C. Development
Standards.
1. At
least 30% of the gross floor area of the mixed use development project
shall be devoted to commercial uses. "Gross floor area" as used within
this section does not include inner courtyards and exterior stairwells
or balconies.
2. Density
for a mixed use project shall be calculated over an entire integrated
mixed use development using floor area measuring both commercial and
residential uses.
3. Minimum
residential dwelling unit area shall comply with the building code.
4. The
gross floor area of commercial use in a mixed use development on residentially
zoned land shall not exceed 15% of the gross floor area of the project.
5. Setbacks.
Mixed use buildings shall have no minimum side, street-side and rear
setbacks if the building has a fireproof wall with no openings that
meets all building and fire code requirements. Otherwise, side and
rear setbacks shall be a minimum of five feet. In no case shall a
building be located in a public easement such as a highway easement,
multi-purpose easement, or public utility easement.
6. Parking shall be subject to the requirements in Sections
17.54.050,
17.54.060, and
17.54.070. Additionally, the following standards also apply:
a. On-street parking spaces located within 400 feet of the project may
be credited to meet up to 50% of the minimum required off-street parking
spaces if the road is not a public road.
b. The minimum off-street parking requirements may be waived by the
director up to 100% for mixed use projects meeting at least one of
the following requirements:
i. The project is sited within one-quarter mile of a private parking
lot that can accommodate the off-street requirements with a shared
parking agreement.
ii. The project developer or owner contributes into a " parking lot development
fund" if implemented, based upon the number of required off-street
parking spaces.
7. On-site
pedestrian walkways or sidewalks connecting the residential and commercial
components, as well as connecting to adjacent commercial, residential,
and civic uses, shall be provided for pedestrian safety.
D. Findings.
To assure the proposed development meets the intent of this section,
the following findings shall be made prior to approving a mixed use
project:
1. The
development contains complementary and connected uses that are mutually
supportive of each use, provides a significant functional interrelationship,
and are integrated into the community or neighborhood where it is
located.
2. The
development creates an appropriate internal and external human scale,
and provides for pedestrian comfort and amenities.
3. The
development is an integrated project as to land use, building design,
and site layout, with a coherent physical design.
E. Garages/Carports. Must meet Section
17.54.070 except for when a garage/carport is located on a side or rear of the property line. In these cases, the garage or carport may be allowed to extend to the back of the sidewalk.
F. Residential
Density.
1. Residential density is established by the General Plan Land Use Designation (Table 1-2 of the Placer County General Plan) or by the adopted community, master, or area plan. In the event of any conflict between the regulations refer to Section
17.56.010.
2. Allowed density is subject to limitations established in Article
17.52 (Combining District Regulations).
(Ord. 6144-B § 29, 2022)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, mobile home parks are subject to the requirements of this section.
A. Purpose.
The following standards are intended to ensure that new, expanded
or redeveloped mobile home parks are located and established so as
to be compatible with the residential neighborhoods and commercial
areas with-in which they may be located, and that park residents do
not experience adverse effects from surrounding land uses. The placement
of mobile homes within approved mobile home parks is regulated by
the California Department of Housing and Community Development (see
also Title 25 of the
California Administrative Code), and is not subject
to the provisions of this section.
B. Application Contents. The application for the type of land use permit required by Section
17.06.050 (Land use and permit tables) for a mobile home park shall include all forms and materials specified by Section
17.58.030 (Required application contents), and shall also include all additional information and materials specified by the list of "required application contents for mobile home parks" furnished by the planning department.
C. Site
Planning and Design Standards. Mobile home parks shall conform to
the following minimum standards in all cases; however, the granting
authority may impose other and more restrictive requirements in the
interests of public health, safety and welfare.
1. Density.
A maximum of 12 spaces per acre.
2. Setback
Requirements. All park facilities, including, but not limited to,
mobile home and parking spaces, shall be located a minimum of 24 feet
from all streets or roadways adjoining the park. The required setback
area shall be landscaped.
3. Signs.
Sign area shall be limited to two signs of 40 square feet each and
subject to planning department approval.
4. Mobile
Home Lot Identification. All mobile home lots shall be designated
by an approved address or other approved means, and all lot lines
shall be defined. The lot designation or address shall be displayed
in a conspicuous location and shall be visible from the street used
for access to the site. All lot lines shall be physically defined
by corner markers or other means approved by the hearing body.
5. Roadways.
Except as otherwise provided in this section, each mobile home shall
have direct access to an abutting paved roadway of not less than 25
feet in clear width. All roadways shall have clear and unobstructed
access to a public road, except that a roadway may have security gates
if such security gates are allowed by the hearing body as a part of
the use permit approval. No roadway shall be less than 32 feet in
paved width if car parking is allowed on one side of the roadway;
no roadway shall be less than 40 feet of paved width if car parking
is permitted on both sides of the road. One-way roadways shall not
be less than 15 feet in paved width where no car parking is permitted.
All other roadway standards shall be established by the hearing body
as a part of the use permit approval.
6. Pedestrian
Access to Public Rights-of-Way. Each mobile home lot shall have access
to public rights-of-way outside of the mobile home park by way of
sidewalks or pathways separated from internal roadways. These side-walks/walkways
shall be surfaced with Portland cement concrete or asphaltic concrete,
or as approved by the applicable county department.
7. Other
Requirements. Other improvements required by Section 1100 et seq.,
Title 25,
California Administrative Code shall be required as appropriate
by the hearing body in conjunction with the use permit approval process.
D. Conditions
of Approval—Landscaping Plan. As a condition of the approval
of a land use permit (Article 17.58) for a mobile home park, a landscaping
plan shall be required by the granting authority as a condition of
approval.
E. Accessory
Commercial Uses Permitted. A mobile home park may contain commercial
uses for the convenience of park residents, such as a coin operated
laundry, and vending machines, provided that such uses shall be located
in the interior of the park and shall not occupy more than 1,000 square
feet of floor area for each 50 mobile homes or fraction thereof.
F. Use
of Mobile Home Lots. In no case shall more than one occupied mobile
home be allowed on any one lot. No storage of any unoccupied travel
trailer, camper, or similar vehicle shall be permitted on any mobile
home park lot.
G. Recreational
Vehicle Areas. A mobile home park may include spaces for occupied
and stored recreational vehicles, provided that the location, number
and size of such spaces is approved by the hearing body in conjunction
with the land use permit application process.
(Ord. 5126-B, 2001; Ord. 5824-B § 16, 2016; Ord. 6144-B § 30, 2022)
Mobile homes and manufactured homes that are or will be the primary dwelling on lots or parcels zoned for conventional single-family residential use, and the storage of unoccupied mobile homes on private property are subject to the requirements of this section. Mobile homes used as caretaker quarters or employee housing are subject to Section
17.56.090 (Caretaker and employee housing). Mobile homes used as accessory dwelling units are subject to Section
17.56.200 (Accessory and junior accessory dwelling units). Mobile homes used for temporary dwellings during construction or for disaster relief are subject to Section
17.56.280 (Temporary dwellings). Mobile homes placed in mobile home parks (Section
17.56.140) that are regulated by the California State Department of Housing and Community Development, are not subject to the provisions of this chapter.
A. Definitions. The terms "mobile home" and "manufactured home" are defined by Section
17.04.030 (Definitions of specialized terms and phrases), and as a land use, are included under the definition of "single-family dwellings" by Section
17.04.030 (Definitions of land uses).
B. Mobile
Home/Manufactured Home Standards. Mobile homes and manufactured homes
to be used as permanent dwellings pursuant to this section are subject
to the following requirements:
1. Certified
Mobile Homes. Mobile homes that are certified under the National Mobile
Home Construction and Safety Act of 1974 (42 USC Section 5401, et
seq.), are subject to all of the following standards when installed
on private property. Once installed pursuant to these standards, such
certified mobile homes shall be referred to as "manufactured homes."
a. Where Allowed. As required by California
Government Code Section 65852.3, certified mobile homes (manufactured homes) for permanent occupancy are considered the same as single-family dwellings, and are allowed by Sections
17.06.050 (Land Use and Permit Tables) and 17.06.060 et seq. (Zone District Regulations) in all zones that allow single-family dwellings.
b. Foundation System Required. The certified mobile home (manufactured
home) shall be placed on a foundation system pursuant to Section 18551
of the California
Health and Safety Code.
c. Architectural Standards. Certified mobile homes (manufactured homes) proposed for location within the RS, RM, MT and RES districts (see Section
17.06.060, et seq.) shall be designed and constructed with roof eave and gable overhangs of not less than one foot, measured from the vertical side of the structure.
2. Other
Mobile Homes. Mobile homes that do not meet the requirements of subsection
(B)(1) shall only be placed on legal building sites in the AE, F,
RA and RF zone districts under the following circumstances:
a. Site Size. Mobile homes in this category shall only be placed on
sites:
i. Which are at least 10 acres or more in size, or which are the minimum
lot size required in the zone district within which the site is located,
whichever is greater (where no other residences exist on the same
parcel); or
ii. Where an additional residence exists on the same site, the parcel
(or contiguous parcels held in the same ownership) is at least 10
acres larger than the minimum lot size required by the zone district
within which the site is located, or is twice the minimum lot size
required by the zone district within which the site is located, whichever
is larger. If any sale, partition, gift or other disposition of the
property reduces the ownership of the site such that 10 acres (or
double the minimum lot size required by the zone district, whichever
is greater) is no longer available for credit solely towards the legal
occupancy of the mobile home, the mobile home shall be removed from
the property within 30 days; or
iii.
Which lie within the Sierra Estates Subdivision (SUA-719) (Tract
176) as shown on the final subdivision map recorded at Book "I" of
Maps, Page 79, official records of Placer County (where no other residences
exist on the same lot/parcel).
b. Foundation System Not Allowed. Such mobile homes shall not be placed
on a foundation system, but shall instead be placed on a normal ("soft
set") mobile home installation pursuant to Title 25 of the California
Administrative Code; and
c. Type of Mobile Home Allowed. Such mobile homes may, or may not, meet
the requirements for certification pursuant to the National Mobile
Home Construction and Safety Act of 1974. Such mobile homes must,
however, comply with all other state and local requirements for permanent
occupancy (e.g., camping trailers, recreational vehicles, etc. may
not be used for permanent housing within the parameters of this section).
C. Density. The number of certified mobile homes (see subsection (B)(1) of this section) that may be placed on a single parcel shall be the same as the number of single-family dwellings allowed by Sections
17.06.060 et seq. (Zone district regulations) and 17.56.230 (single-family dwellings, additional building site). The number of mobile homes that may be placed in a mobile home park is determined by Section
17.56.140 (Mobile home parks).
D. Storage
of Mobile Homes. Unoccupied mobile homes or portions thereof that
are not fixed to a foundation shall be stored only in a mobile home
sales lot, an approved storage yard, or in a mobile home park.
E. Nonconforming
Mobile Homes. Any mobile home that had a valid outstanding conditional
use permit or trailer permit as of June 12, 1970, is a valid nonconforming
use under the provisions of this section. (See County Ordinance No.
1290-B.) This subsection shall not be applicable to mobile homes that
had never secured such a permit or for which a permit had expired
prior to such date.
1. Nonconforming
mobile homes shall not be enlarged, extended, or replaced.
2. If
a nonconforming mobile home is unoccupied for one year or more, it
shall be presumed abandoned and any further use of site shall be subject
to provisions of this chapter and the zoning district in which site
is located.
3. If
a nonconforming mobile home is destroyed by fire or other calamity,
it shall not be replaced without first securing a conditional use
permit (CUP).
F. Hardship
Mobile Homes. See Section 17.56.290(C)(1).
H. Caretaker and Employee Housing. See Section
17.56.090.
(Ord. 5126-B, 2001; Ord. 6022-B § 15, 2020)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, outdoor retail sales are subject to the requirements of this section.
A. Applicability. This section sets standards for temporary outdoor retail sales activities, including farmers' markets, sales from individual vehicles and seasonal sales. Permanent outdoor retail sales as a principal use is considered to be a sales lot, and is subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations) for "storage yards and sales lots," instead of this section.
B. General Requirements. The following standards apply to all temporary outdoor retail sales activities unless otherwise provided in subsections
C through
H.
1. Hours
of Operation. Daylight hours only, with all sales facilities, signs
and any related vehicles removed from the site at the close of daily
business. Except where otherwise provided by this section, night operations
are allowed only when specifically authorized through minor use permit
approval.
2. Parking
Requirement. None; provided, sufficient open area is available to
accommodate all employee and customer parking needs on the site, entirely
outside of public rights-of-way other than designated parking spaces.
3. Food Sales. The sale of raw or processed foodstuffs is subject to Section 113705
Health and Safety Code, and any other applicable regulations of the county health department or agricultural commissioner (See also Section
17.56.190).
4. Signs. Signs allowed in conjunction with outdoor retail sales are subject to the provisions of Sections
17.54.170 et seq. (Signs) except where otherwise provided in this section.
C. Art and Craft Sales. The temporary outdoor sale of handcrafted items and artwork is allowed only in conjunction with a temporary event (Section
17.56.300).
D. Farmers' Markets. A farmers' market pursuant to this section is the temporary use of a site for the sale of food and farm produce items from parked vehicles, subject to minor use permit approval. Farmers' markets are also subject to all applicable provisions of Sections 1392 et seq. of the California Food and Agriculture Code. (The sale of agricultural products in roadside stands is subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations) for "roadside stands for agricultural products," instead of this section; the sale of seasonal agricultural products is subject to subsection
G of this section.)
1. Limitation
on Use. Farmers' markets are limited to the sale of food and produce
items, including raw and prepared foodstuffs, plants and cut flowers.
2. Duration
of Use. Farmers' markets shall occur no more than three days per week
on any site, unless the land use permit approval specifically authorizes
a longer duration.
E. Sales
From Vehicles. Sales from vehicles (whether located on private property
or within public rights-of-way) are prohibited, except in an approved
farmers' market or when specifically authorized through minor use
permit approval.
F. Outdoor
Display Accessory to a Retail Use. Any approved retail establishment
may display products for sale outdoors, subject only to zoning clearance
(no MUP or CUP is required) and provided that the outdoor display:
1. Occupies
an area no larger than 10% of that establishment's gross floor area
devoted to retail sales within the building; and
2. Does
not occupy any required parking area or any public right-of-way; and
3. Does
not, in the opinion of the Placer County department of public works
or the sheriff's department, interfere with safe vehicular access
to and from the site, emergency vehicle access, or pedestrian access;
and
4. Is
directly adjacent to the building which houses the retail establishment.
G. Seasonal Sales. Seasonal sales include the retail sale of pumpkins and Christmas trees. When such sales occur on the same site where the products are grown, they are subject to the permit requirements established by Sections
17.06.050 (Land Use and Permit Tables) and 17.06.060 et seq. (Zone district regulations) for "roadside stands for agricultural products," instead of this section.
1. Time
Limit. The length of time during which seasonal sales may occur is
limited to 45 days for each type of seasonal product (e.g., pumpkins
might be sold from Sept. 16th through October 31st on the same site
where Christmas trees are later sold from Thanksgiving Day through
Christmas Day).
2. Guarantee of Site Restoration. Security pursuant to Section
17.58.190 (Security for performance) is required to guarantee site restoration after use and operation in accordance with the standards of this section. Whenever temporary improvements are installed (e.g., fences, lighting, etc.) sufficient security to guarantee the removal of such improvements, as well as permission from both the property owner and the business operator for county representatives to enter the property and remove the temporary improvements is required. The security shall be in the form of cash or another instrument acceptable to the county in the amount of $100 for each 1,000 square feet of use area.
3. Hours
of Operation. No limitation for seasonal sales.
H. Flea Markets and Swap Meets. Flea markets and small scale swap meets which occupy two acres of land or less shall be subject to the same provisions as temporary events (Section 17.58.300(B)). Flea markets and/or swap meets which occupy more than two acres of land are considered to be sales lots and are subject to the permit requirements established by Section
17.06.050 (Land use and permit tables) and Section
17.06.060 et seq. (Zone district regulations) for "storage yards and sales lots," instead of this section.
(Ord. 5126-B, 2001)
The production of nursery stock is recognized as a valuable segment of the County's agricultural economy. It is a type of crop production and defined as such herein. Due to the variability in the type of plant production operations and plant nursery operations, as well as the differing geographic areas of the County where such uses may be proposed, "Plant production nurseries" and "Plant Nurseries, Retail" are subject to separate requirements and permits as specified herein and in Section
17.06.050.
A. "Plant Nurseries, Retail," where little, if any, plant production is done onsite, and where the primary operation is the sale of plants and related garden equipment supplies and accessories is permitted as specified in Section
17.06.050 zoning charts.
B. "Plant
Production Nurseries," a type of crop production, is permitted in
all zone districts which permit crop production, except that in the
Residential-Agricultural (RA), Residential-Forest (RF), and Mixed
Use Community (MU) zone districts, a minor use permit is required
if the nursery stock growing area exceeds five acres. (The area would
be measured by drawing the smallest polygon around the area where
the nursery products are grown and measuring the area of that polygon).
No accessory sales of non-plant nursery products are allowed.
C. "Plant
Production Nursery, Plus." A plant production nursery, plus, is a
commercial establishment engaged in buying, displaying, and selling
containerized and non-containerized nursery stock produced primarily
on-site plus nonplant nursery products as an accessory use to the
primary use. Such nursery operations may involve the application of
fertilizers, pesticides, herbicides, as well as other appropriate
agricultural management practices.
A plant nursery of this type is permitted and shall require
the approval of a minor use permit in any zone where a "Plant Production
Nursery" is permitted unless a "Plant Nursery, Retail" use is permitted
subject to a different permit requirement, in which case the permit
requirement for the "Plant Nursery, Retail" use shall apply.
(Ord. 5126-B, 2001; Ord. 5304-B (Exh. 1), 2004; Ord. 6144-B § 31, 2022)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, recycling collection stations and recycling, scrap and wrecking yards are subject to the requirements of this section.
A. Purpose.
The purpose of this section is to establish standards for the placement
of recycling facilities, in accordance with AB 2020, and to process
applications for convenience zone exemptions in a manner that will
protect the health, safety and general welfare of the community.
B. Permit
Required. The placement, operation or construction of any recycling
facility may only be permitted as follows:
1. Commercial and Industrial Zones. The type of land use permit required for recycling facilities within the commercial and industrial zones established by Section
17.06.010 (Zone and combining districts established) shall be as follows:
Type of Facility
|
Zones Permitted
|
Permit Required
|
---|
Reverse vending machines (within a commercial or industrial
structure)
|
BP, C1, C2, C3, CPD, HS, IN, INP
|
None (must meet parking requirements)
|
Reverse vending machines (outdoors)
|
BP, C1, C2, C3, CPD, HS, IN, INP
|
|
Small collection facility (less than 500 sq. ft., with no mechanical
processing)
|
BP, C1, C2, C3, CPD, HS, IN, INP
|
Administrative review permit (Section 17.58.100)
|
Small collection facility (less than 500 sq. ft., with mechanical
processing)
|
C1, C2, C3, CPD, HS, INP
|
Administrative review permit (Section 17.58.100)
|
IN
|
None (must meet parking requirements)
|
Large collection facility (over 500 sq. ft.)
|
C3, IN, INP
|
|
Processing facility
|
C3, IN, INP
|
|
2. Residential
and Agricultural Zones. With administrative review permit approval,
reverse vending machines and small collection facilities may be located
on the sites of schools, houses of worship, grange halls, community
centers and similar facilities.
C. Parking
Requirements.
1. Occupation
of parking spaces by the facility and the attendant may not reduce
available parking spaces below the minimum number required for the
principal use of the site.
2. Mobile
recycling units shall have an area clearly marked to prohibit other
vehicles parking during hours when the mobile unit is scheduled to
be present.
3. Recycling
facilities shall not interrupt existing circulation patterns. Additional
parking and/or temporary parking may be required.
D. Signs. The sign requirements of the state shall be in addition to those permitted by Sections
17.54.170 et seq. (Signs). All other signs (other than state-mandated signs) are subject to Section
17.54.170 et seq.
(Ord. 5126-B, 2001; Ord. 5339-B (Exh. A), 2004)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, residential accessory uses are subject to the requirements of this section, where they are specifically identified. Residential accessory uses include any use that is customarily part of a single-family dwelling, including but not limited to swimming pools, workshops, studios, greenhouses, garages, and guesthouses.
A. General Standards. Residential accessory uses are subject to the provisions of Section
17.56.030 (Accessory buildings and uses). In general, such uses must be incidental to the principal use on the site, and they must be constructed/erected concurrently with or subsequent to the principal use. (The timing of construction of accessory structures is addressed in Section 17.56.020(A)(1)). Residential accessory structures shall not occupy more than the maximum allowable floor area shown in the table below (including, but not limited to, any garage, storage area within the garage, workshop, studio, home office, guesthouse and recreation or exercise room).
Size of Parcel (Gross Acreage)
|
Maximum Floor Area of Residential Accessory Structures Per Parcel
|
---|
<1 acre
|
2,000 sq. ft.
|
1 acre—2.29 acres
|
2,400 sq. ft.
|
2.3 acres—4.59 acres
|
3,000 sq. ft.
|
4.6 acres or larger
|
no restriction in size
|
Note: The limitations on floor area imposed by
the chart above are the total cumulative floor area of all residential
accessory structures per parcel. See subsection (C)(8) (Tahoe Area
Accessory Structures) for standards relating to accessory structures
in the Tahoe-Sierra Area.
|
B. Permit Requirement. Residential accessory uses are subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations), except where this section requires a different permit.
C. Definitions
and Requirements for Specific Accessory Uses. The following types
of residential accessory uses are defined below and are subject to
the requirements shown:
1. Antennae and Communication Towers. Roof-mounted antennae for earth-based AM or FM radio, or VHF or UHF television broadcast reception are not regulated by this chapter, except that such antennae are subject to the height limits of Sections
17.06.060 et seq. (Zone district regulations) and 17.54.020 (height limits and exceptions). Other types of antennae (e.g., satellite dish antennae, ham radio, etc.) are subject to the requirements of Section
17.56.060 (Antennae and communications towers).
2. Garages.
A detached accessory garage is a structure or portion of a structure
intended for the storage of vehicles.
3. Greenhouses. An accessory greenhouse may be constructed with the same amount of floor area as a residential accessory structure, based upon the lot size where the greenhouse is to be constructed (see the table in subsection
A). The allowable size for greenhouses and residential accessory structures are not mutually exclusive; each type of structure is permitted the allowable floor area as shown on the table above. Larger greenhouses shall be considered to be "Plant production nurseries," and are subject to Sections et seq. (Allowable uses and permit requirements).
4. Guesthouses.
A guesthouse may be established as an accessory use on the site of
a single-family dwelling, as follows: [Note: Regulations providing
for guest houses in the Tahoe-Sierra area are contained in Section
17.56.180(c)(8) below.]
a. Limitation on Use. A guesthouse shall be clearly subordinate, incidental,
and accessory to the single-family dwelling use of the main building
on the same parcel, and shall comply with the following provisions:
i. A guesthouse may contain living and sleeping spaces, including bathrooms,
but shall not contain a kitchen and shall not be used for residential
occupancy independent from the principal residence or be rented separately
from the main building. For the purposes of this section, kitchen
facilities include any appliances for the preparation or preservation
of food, including but not limited to gas or electric ranges, ovens
or stovetops, refrigerators or freezers with more than five cubic
feet of capacity and cabinets designed to accommodate such appliances.
ii. No more than one guesthouse shall be established on any site.
5. Home Occupations. Home occupations are subject to the requirements of Section
17.56.120.
6. Rooming
and Boarding Provisions. The rental of bedrooms within a single-family
dwelling on a weekly or monthly basis for an extended period of time
to no more than four boarders is permitted, subject to any applicable
occupancy requirements of Chapter 15 of this code. The rental of bedrooms
to more than four boarders constitutes a boarding house, which is
included within the definition of "multifamily dwelling."
7. Swimming Pools. Including hot tubs, spas, and related equipment, are subject to the setback requirements of Section
17.54.140, and any fencing requirements of Chapter 15 of this code (Construction Requirements).
8. Tahoe
Area Accessory Structures. Accessory structures such as garages, workshops,
studios and guesthouses are permitted in the Tahoe-Sierra area (zoning
maps 22A, 22B, 23A, 23B, 24, 25, 26A, 26B, 26C, 26D, 27, 28, 29, 30,
31A, 31B, 32, 33 and 34), subject to the provisions of this section,
except that the size limitations indicated elsewhere in this section
and the minimum lot size requirements are superseded by the following
standards:
a. Floor Area Limitations. Accessory structures in the Tahoe-Sierra
area shall not have a combined floor area for all uses within the
building in excess of 1,600 square feet (measured externally), unless
the parcel whereon the accessory structure is constructed is five
acres or larger, in which case there is no maximum floor area limitation.
9. Tennis
and Sport Courts. Noncommercial outdoor tennis courts and courts for
other sports (e.g., racquetball, etc.) accessory to a residence are
subject to the following requirements:
a. Fencing. Any fencing is subject to the height limits of Sections
17.06.060 et seq. (Zone district regulations) and 17.54.030 (Landscaping and fencing).
b. Lighting. Court lighting shall not exceed a maximum height of 20
feet. Such lighting shall be directed downward, shall only illuminate
the court, and shall not illuminate adjacent property.
10. Vehicle Storage. The storage of vehicles, including incidental restoration and repair, is subject to Section
17.56.250 (Storage, accessory).
11. Workshops or Studios. These uses are accessory structures intended
solely or primarily for engaging in artwork, crafts, light hand manufacturing,
mechanical work, etc., when located in a residential zone district
and intended for personal use.
12. Home Office. Home offices are structures or portions of structures
utilized as office space for the personal use of the occupants of
the residence(s) on the subject parcel.
13. Recreation/Exercise Room. Recreation or exercise rooms are structures
or portions of structures utilized for recreational purposes or exercise
for the personal use of the occupants of the residence(s) on the subject
parcel.
14. Other Residential Accessory Structures. Cabanas, pool houses, garden sheds, etc., are permitted, subject to zoning clearance and the issuance of a building permit, if required. Such structures are subject to the same limitations as residential accessory structures (see subsection
A of this section) and are part of the cumulative total of allowable floor area.
15. Accessory and Junior Accessory Dwelling Units. Accessory and junior accessory dwelling units are subject to the requirements in Section
17.56.200, and are not subject to the total cumulative floor area limits of this section.
(Ord. 5126-B, 2001; Ord. 5252-B (Exh. A) 2003; Ord. 5304-B (Exh. 1), 2004; Ord.
5898-B § 8, 2017; Ord.
6022-B § 15, 2020)
A. Intent.
It is the policy of Placer County to provide reasonable accommodation
for exemptions in the application of its zoning laws to rules, policies,
practices, and procedures for the siting, development, and use of
housing, as well as other related residential services and facilities,
to persons with disabilities seeking fair access to housing. The purpose
of this section is to provide a process for making a request for reasonable
accommodation to individual persons with disabilities.
B. Application. Any person who requires reasonable accommodation, because of a disability, in the application of a zoning law which may be acting as a barrier to equal opportunity to housing opportunities, or any person or persons acting on behalf of or for the benefit of such a person, may request such accommodation. For purposes of this section, "disabled," "disability," and other related terms shall be defined as in the Federal Americans with Disabilities Act of 1990, the California Fair Employment and Housing Act, or their successor legislation. Requests for reasonable accommodation shall be made in the manner prescribed by subsection
C (Required Information).
C. Required
Information.
1. The
applicant shall provide the following information:
a. Applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. The current actual use of the property;
d. That the subject individual or individuals are disabled under the
Acts. Any information related to the subject individual or individuals'
disability shall be kept confidential;
e. The zoning code provision, regulation, or policy from which accommodation
is being requested; and
f. Why the reasonable accommodation is necessary for people with disabilities
to have equal opportunity to use and enjoy the specific property accessible
to people with disabilities.
2. Review With Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: use permit, design review, general plan amendment, zone change, etc.), then the applicant shall file the information required by subsection
C together for concurrent review with the application for discretionary approval, except a variance since none would be required for request for consideration of an exemption(s) from development standard(s).
D. Review
Authority.
1. Planning
Director. Requests for reasonable accommodation shall be reviewed
by the planning director (director), or designee if no approval is
sought other than the request for reasonable accommodation.
2. Other
Review Authority. Requests for reasonable accommodation submitted
for concurrent review with another discretionary land use application
shall be reviewed by the authority reviewing the discretionary land
use application.
E. Review
Procedure.
1. Director Review. The planning director, or his/her designee, shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with subsection
F (Findings and Decision). Information related to the subject individual or individuals' disability shall be kept confidential and shall not be included in a public file.
2. Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. Information related to the subject individual or individuals' disability shall be kept confidential and shall not be included in a public file. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with subsection
F (Findings and Decision).
F. Findings
and Decision.
1. Findings.
The written decision to grant or deny a request for reasonable accommodation
will be consistent with the Acts and shall be based on consideration
of the following factors:
a. Whether the property, which is the subject of the request, will be
used by an individual disabled under the Acts;
b. Whether the request for reasonable accommodation is necessary to
make specific housing available to an individual with a disability
under the Acts;
c. Whether the requested reasonable accommodation would impose an undue
financial or administrative burden on the county;
d. Whether the requested reasonable accommodation would require a fundamental
alteration in the nature of a county code provision, including, but
not limited to, land use and zoning;
2. Conditions
of Approval. In granting a request for reasonable accommodation, the
reviewing authority may impose any conditions of approval deemed reasonable
and necessary to ensure that the reasonable accommodation would comply
with the findings required by subsection (F)(1) above.
G. Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed in compliance with Section
17.60.110 of the Zoning Ordinance.
H. Fees.
There shall be no fee for an application requesting reasonable accommodation.
If the project for which the request is being made requires other
planning permit(s) or approval(s), fees for applicable applications
shall apply as established per county ordinance. Fees for appeals
to decisions on reasonable accommodation shall be the same as those
fees for appeals as established per county ordinance.
(Ord. 5510-B § 1, 2008; Ord. 6164-B § 9, 2022)
A. Outdoor Eating Areas. When restaurants and bars are allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, any proposed outdoor eating areas are subject to the requirements of this section.
1. Permit
Requirement. Outdoor eating areas shall be subject to those permit
requirements established by this chapter for the restaurant or bar
with which said areas are associated, where the outdoor eating area
also conforms to the requirements of this section.
Outdoor eating areas that do not conform to the requirements of this section (such as hot dog stands, shaved ice vendors, etc.) may be authorized by minor use permit approval [see also Section
17.56.160(E) (Sales from Vehicles).]
2. Parking. Off-street parking shall be provided for use by patrons of the outdoor eating area at a ratio of one parking space per 100 square feet of outdoor eating area or one parking space per four seats within an outdoor eating area, whichever is more restrictive (See Section
17.54.060, Parking space requirements by land use).
B. Restaurants
within the Office-Professional Zone District. Restaurant and bar uses
incidental and accessory to an office use shall be allowed only if:
1. The
office building or complex of buildings on the same site has 20,000
square feet or more of leaseable space.
2. The
principal entrance shall be from inside the office building.
3. The
floor area of the restaurant shall not exceed 1,000 square feet or
15% of the total floor area of the building, whichever is greater.
C. Drive-In and Drive-Thru Sales. Drive-in and drive-thru sales are allowed as part of a Mixed-Use Development (Section
17.56.135) under the following provisions:
1. The
building in which drive-in and drive-thru sales is conducted cannot
be the only commercial use on the site and;
2. The
building in which drive-in and drive-thru sales is conducted is no
larger than 1,500 square feet.
(Ord. 5126-B, 2001; Ord. 5565-B § 3, 2009; Ord. 6144-B § 32, 2022)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, accessory and junior accessory dwelling units are subject to the requirements of this section.
A. Purpose.
The board of supervisors finds that special regulations relating to
the establishment and operation of accessory dwelling units are necessary
in order to implement California
Government Code Sections 65852.2
and 65852.22, which set forth the requirements for accessory and junior
accessory dwelling units in a manner that will improve affordable
housing and protect the health, safety and general welfare of the
residents of Placer County.
B. Definitions.
"Accessory dwelling unit" and "junior accessory dwelling unit" have
the same meanings as defined in the California
Government Code.
C. Application
Contents. The following materials in addition to other information
required for a building permit application shall be submitted to the
planning department:
1. On
a lot with an existing single-family dwelling, include floor plans
and elevations of the accessory and/or junior accessory dwelling unit
and a representative photograph of the single-family dwelling.
2. Applications
for accessory and junior accessory dwelling units on vacant parcels
shall include elevations and floor plans for both the primary single-family
and accessory and junior accessory dwelling units.
D. Timing
of Permit and Construction. A permit for an accessory or junior accessory
dwelling unit may be issued and the unit constructed either simultaneously
with or subsequent to the primary single-family dwelling to be constructed
on the site.
E. Design
Standards for Accessory and Junior Accessory Dwelling Units.
1. Floor
Area. The maximum floor area of an accessory dwelling unit attached
to, or contained within the existing space of the primary single-family
dwelling shall not exceed 50% of the primary single-family dwelling.
The maximum floor area for an accessory dwelling unit detached from
an existing single-family dwelling shall not exceed 1,200 square feet.
2. Outdoor
Covered Area. Covered porches, decks, landing places and similar architectural
features may be added to an accessory or junior accessory dwelling
unit structure provided that any such covered feature is open on at
least two sides and occupies an area no larger than 25% of the allowable
living area of the accessory or junior accessory dwelling unit.
3. Appearance
of Accessory Dwelling Unit. The accessory or junior accessory dwelling
unit should be subordinate to the primary single-family dwelling,
as well as architecturally compatible with the primary single-family
dwelling (e.g., inclusive of complimentary materials, colors, and
styles as the exterior of the primary single-family dwelling, including
roof, eaves, windows, accents, and doors). For accessory or junior
accessory dwelling units attached to a single-family dwelling, the
appearance of the building should remain that of a single-family residence.
4. Parking Requirements. In addition to parking required for the primary dwelling by Article
17.54, one parking space per accessory dwelling unit or bedroom, whichever is less, shall be provided on-site for the accessory dwelling unit(s). Tandem parking on an existing driveway or in setback areas is permissible. In areas subject to winter snow removal operations, new encroachments onto county-maintained roadways shall be prohibited in order to preserve available snow storage areas. No additional parking is required if the proposed accessory dwelling unit is:
a. Within one-half mile of a public transit stop;
b. Within an architecturally and historically significant historic district;
c. Within the existing single-family dwelling or an existing residential
accessory structure;
d. In an area where on-street parking permits are required but not offered
to the occupant of the accessory dwelling unit;
e. Within one block of a car share vehicle pick-up location;.
f. A junior accessory dwelling unit; or
g. Converted from a garage, carport, or other covered parking space,
or if a garage, carport, or other covered parking space is demolished
in conjunction with the accessory or junior accessory dwelling unit
construction.
Notwithstanding Section
17.54.130(B) (Resolution of conflicts), parking for accessory or junior accessory dwelling units in Squaw Valley shall be subject to the parking requirement stated in this section.
5. Building
Code Requirements. Local building code requirements apply to detached
dwellings as appropriate. However, accessory dwelling units shall
not be required to provide fire sprinklers if they are not required
for the primary residence. Adds must meet building and fire safe standards.
F. Occupancy
and Ownership. No accessory or junior accessory dwelling unit may
be sold or conveyed separately from the primary single-family dwelling.
On parcels with an accessory or junior accessory dwelling unit, rental
of the accessory dwelling unit for 30 days or less is prohibited.
For properties with a junior accessory dwelling unit, the single-family
residence containing a junior accessory dwelling unit must be owner-occupied,
either in the remaining portion of the structure or in the junior
accessory dwelling unit, unless the owner is a governmental agency,
land trust, or housing organization. The owner of a junior accessory
dwelling must record a deed restriction in a form acceptable to the
county that runs with the land and restricts the size and attributes
of the junior accessory dwelling unit to those allowable by state
law and the Placer County Code. The recorded deed must be filed with
the county immediately after recordation.
G. General
Development Requirements.
1. The
addition of an accessory or junior accessory dwelling unit shall not
cause a parcel to exceed the allowable density of the site. Accessory
and junior accessory dwelling units are a residential use that is
consistent with the existing General Plan and Zoning designation for
the lot. Accessory and junior accessory dwelling units shall conform
to the requirements of the applicable zone district unless more permissive
standards are established in this section, and are subject to residential
construction fees and charges, unless exempted by County Code.
2. No
setback shall be required for an accessory or junior accessory dwelling
unit that is converted from or constructed in the same location and
to the same dimensions as an existing, permitted structure (where
no expansion is proposed). A setback of four feet from the side and
rear lot lines shall be required in all other instances.
3. The
height limit for accessory and junior accessory dwelling units is
established by the applicable zone district but shall not be less
than 16 feet.
4. Junior
accessory dwelling units must be constructed within the walls of a
proposed or existing single-family residence, must have a separate
entrance, and must have a cooking facility with appliances, a food
preparation counter, and storage cabinets reasonably sized in relation
to the unit.
5. Pursuant to Section
13.12.150, the construction of an accessory or junior accessory unit may necessitate a new or separate connection between the unit and the sewerage system. This determination will be made by the engineer. If a public sanitary sewer is not available, then the on-site sewage disposal system shall be designed in compliance with Placer County Code Article 8.24 (County Wastewater Regulations).
H. Deed
Restriction for Affordability. To qualify for fee exemption under
this section, an accessory or junior accessory unit must be restricted
for affordability as verified by the county housing specialist and
in accordance with current State Department of Housing and Community
Development requirements. Verification must be rendered in writing
from the planning division to the building services division prior
to the issuance of any permits.
I. Number
of Units.
1. No
more than one junior accessory dwelling unit shall be allowed per
residential lot within a single-family dwelling.
2. No
more than one detached accessory dwelling unit shall be allowed per
parcel with a single-family primary dwelling.
3. No
more than two detached accessory dwelling units shall be allowed per
lot with a multifamily dwelling, and such units are subject to a 16
foot height limit.
4. At
least one accessory dwelling unit is allowed within an existing multifamily
dwelling. The total number of accessory dwelling units allowed within
a multifamily dwelling shall not exceed 25% of the number of existing
multifamily dwelling units.
(Ord. 5895-B § 9, 2017; Ord. 6022-B § 15, 2020)
Accessory and junior accessory dwelling units proposed within
the boundaries of the Placer County Tahoe Basin Area Plan shall be
subject to provisions of said Plan and regulated pursuant to the Placer
County Tahoe Basin Area Plan Implementing Regulations.
(Ord. 5853-B § 2, 2016; Ord. 6022-B § 15, 2020)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, senior housing projects as defined by Section
17.04.030 (Definitions) are subject to the requirements of this section.
A. Purpose
and Intent. The purpose of this section is to establish procedures,
standards and potential density increases for the development of senior
apartments and senior independent living centers (referred to as SILCs),
that are restricted to people 55 years or older. The intent of these
standards is to ensure compatibility with adjacent land uses and provide
for coordination of on-site facilities. Senior independent living
centers provide a needed housing alternative to accommodate an increasing
senior citizen population.
B. Eligibility of Project—Limitation on Age of Occupants. In order to be considered a senior housing project and qualify for the density bonus incentives offered by this section, the occupancy of the project shall be limited to people of 55 years or older. In the case of double occupancy of a unit, only one resident is required to be at least 55. No one less than 18 years of age shall be permitted as a resident. Housing projects that reserve at least 50% but less than all of their units for at least one occupant each that is 55 or older are subject to the density bonus provisions of Section
17.54.120 (Residential density bonuses and incentives), instead of this section.
C. Site
Design and Development Standards. Senior housing projects shall comply
with the following:
1. Density. The residential density of a senior housing project shall be as required by the zoning applicable to the site, except as modified by subsection
D of this section (Density Bonus Criteria).
2. Setbacks.
The following minimum setbacks apply to senior housing, except that
where the zoning applicable to the site requires larger setbacks,
the larger shall apply:
b. Sides and Rear. Ten feet.
3. Parking Requirements. A minimum of one and one-half off-street parking spaces per unit shall be provided, except where reduced by subsection
D of this section (Density Bonus Criteria).
4. Changes
to Project. If the nature of the project changes (such as occupancy
being changed to apartment use without age restrictions), the project
shall satisfy the standards of this chapter for the new use.
D. Density Bonus Criteria. Since the impacts for SILCs and senior apartments may be less than the impacts of standard apartment complexes, density bonuses may be granted for SILCs and senior apartments, and parking reductions may be granted for SILCs, as follows. The density bonuses provided by this section shall be deemed to be consistent with the general plan or any applicable community plan when the findings required by subsection
E of this section have been made.
1. Calculation
of Density Bonus. The density credits offered by the following table
shall be applied to the maximum residential density otherwise allowed
by the zoning applicable to the project site. For example, if the
applicable zoning allows a maximum of 12 units per acre and the project
qualifies for a total density bonus of 75%, the project shall be allowed
a density of 21 units per acre.
2. Maximum
Bonus Allowed. The density bonuses offered in the table may be accumulated
up to a maximum of 250% increase over the base density allowed by
the zoning applicable to the site.
Qualifying Project Feature (3)
|
Density Bonus (1)
|
SILC Parking Reduction (2)
|
---|
Senior housing project per subsection (B) of this section
|
25 %
|
N.A.
|
Affordable housing density bonus as provided in Section 17.54.120(C)
|
10—50 %
|
N.A.
|
Disabled accessible transit vehicle provided by project
|
40 %
|
20 %
|
Site is within 500 ft. of transit stop or is directly served
by public transit (4)
|
10 %
|
15 %
|
Minimum of two meals/day served in common dining center
|
25 %
|
N.A.
|
On-site indoor recreation facilities provided (e.g., recreation/exercise
rooms, library, pools, TV room, etc.), of at least 10 percent of total
floor area (5)
|
25 %
|
N.A.
|
On-site outdoor recreation facilities provided (e.g., park,
pathways, tennis courts, pool, picnic areas, shade structures, etc.),
of at least 10 percent of total floor area (5)
|
10 %
|
N.A.
|
Site includes self-contained village with no outside public
access (e.g., drug/sundries store, beauty/barber shop, etc.), at least
5 percent of total floor area (5)
|
20 %
|
5 %
|
Accessible self-service laundry facilities
|
5 %
|
5 %
|
Site is within 2,000 ft. of existing or approved shopping center
(4)
|
20 %
|
5 %
|
Site is within 1,000 ft. of existing park or public recreation
facility (4)
|
10 %
|
N.A.
|
Site is within 2,000 ft. of medical services such as clinics,
emergency or acute care (4)
|
10 %
|
N.A.
|
Notes:
|
---|
(1)
|
Percent increase in the density normally allowed by the zoning
applicable to the subject site. A single project may accumulate bonuses
up to a maximum of 250% of the residential density normally allowed
by the zoning applicable to the project site.
|
(2)
|
Percent decrease in number of parking spaces required by subsection
(C)(3) of this section. A single project may accumulate parking reductions
up to a maximum of 50% of amount of parking normally required by subsection
(C)(3). Only senior independent living centers are eligible for parking
reduction; senior apartments are not.
|
(3)
|
Each dwelling unit has, is within or has available the feature
listed.
|
(4)
|
Where a required feature must be within a specified distance
to qualify the project for a bonus, (e.g., a shopping center within
2,000 feet), but the feature is farther away, a bonus may be granted
that is reduced by the same percentage that the feature exceeds the
distance required, as long as the required distance is not exceeded
by more than 20%. (Example: a shopping center that is 2,400 feet away
is 20% farther than the 2,000 feet required. The density bonus and
parking reduction must therefore be reduced by 20%, to a 16% bonus
and a four percent parking reduction).
|
(5)
|
In the event that a proposed senior housing development provides
qualifying project features that are not of sufficient extent to satisfy
the criteria of this subsection (e.g., proposed on-site recreation
facilities are eight percent of the total floor area instead of the
10% required by the above table), the granting authority may approve
a density bonus that is the same proportion of the bonus allowed by
the table that the qualifying project feature is deficient (e.g.,
a recreation area that is eight percent of the floor area instead
of 10% of the floor area is 25% less than required; therefore, a density
bonus of 18.8 percent may be granted instead of the 25% bonus offered
by the table).
|
E. Findings for Approval. Approval of a CUP for a senior housing project shall require that the granting authority first make the following findings in addition to those required by Section
17.58.140(A) (Findings for approval):
1. The
number of units approved in the project can be adequately accommodated
by the existing or planned capacities of infrastructure that will
serve the project.
2. Adequate
evidence exists to indicate that the project will provide senior citizen
housing consistent with the purposes of this section.
(Ord. 5126-B, 2001; Ord. 5416-B (Exh. A), 2006)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, service stations and full-service car wash establishments are subject to the requirements of this section.
A. Location.
No service station or full-service car wash establishment shall be
located adjacent to a lot in a residential zone.
B. Design
Criteria. Service stations and full service car wash establishments
shall conform to the design criteria set forth in the definition of
"Service stations and full-service car wash establishments" (see Section
17.04.040 (Definitions)), in the Placer County land development manual,
and in the design guidelines manual.
C. Findings. In reviewing the factors that must be considered in the issuance of the land use permit required for a service station/full-service car wash establishment by Section
17.06.060 et seq. (Zoning district regulations), the granting authority shall consider the following:
1. Whether
the use is consistent with the intent and objectives of the general
plan and/or the applicable community plan;
2. The
relationship of the proposed use to the design and capacity of adjacent
streets and intersections;
3. The
adequacy of the site as to its size and shape to accommodate the proposed
facility;
4. The
compatibility with other uses in the neighborhood, giving consideration
to setbacks, walls, fences and landscaping.
D. Nonconforming Uses. A service station/full-service car wash establishment that is fully constructed as of the effective date of the ordinance codified in this section shall not be considered to be a nonconforming use pursuant to Section
17.60.120 et seq., except that such service stations/full-service car wash establishments shall be subject to the provisions of Section
17.60.120(G) that prohibit the re-establishment of such use on the same site after it has been discontinued for one year or more.
(Ord. 5126-B, 2001)
No more than one single-family dwelling shall be allowed on any single parcel, except for accessory and junior accessory dwelling units (Section
17.56.200), or one additional single-family dwelling if approved as provided by this section. If the parcel contains at least twice the minimum net lot area required by the applicable zone, an additional building site for a second single-family dwelling may be approved as follows:
A. Permit
Requirement. An additional building site application shall be filed
with the planning department to request approval for the additional
building site.
B. Parcel
Review Committee Review and Approval. Each additional building site
application shall be reviewed and, if appropriate, approved by the
parcel review committee, and shall comply with all applicable provisions
of this chapter and other ordinances of Placer County which contain
requirements for access, water supply and sewage disposal for separate
building sites.
C. Limitation
on Additional Building Sites. No more than two dwellings may be approved
on any lot without complying with the provisions of Chapter 16 of
this code (Subdivisions), except when the property in question is
located in the multifamily residential (RM) zone and all units are
to be used as rental housing.
D. Separate
Sale or Rental Prohibited. No additional building site shall be sold
or rented separately from the primary parcel without first complying
with the provisions of Chapter 16 of this code (Subdivisions).
E. Recordation
of Notice. Upon the completion of any required conditions of approval
of the additional building site application, the applicant or an authorized
designee shall record a report on additional building site with the
county recorder.
(Ord. 5126-B, 2001; Ord. 6022-B § 15, 2020)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, a single-room occupancy residential housing facility (SRO) at a fixed location is subject to the requirements of this section. The provisions of this chapter are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services and to establish standards for these small units.
A. Location.
A single-room occupancy residential housing facility shall not be
located within 300 feet of any other single-room occupancy residential
housing, emergency shelter, or other similar program, unless such
program is located within the same building or on the same lot.
B. Development
Standards.
1. Units
shall have a minimum floor area of 150 square feet and a maximum floor
area of 400 square feet.
2. Each
unit shall accommodate a maximum of two persons.
3. Provide
for adequate exterior security lighting.
4. Laundry
facilities shall be provided in a separate room at the ratio of one
washer and one dryer for every 20 units of fractional number thereof,
with at least one washer and dryer per floor.
5. Cleaning
Supply Room. A cleaning supply room or utility closet with a wash
tub with hot and cold running water shall be provided on each floor
of the SRO facility.
6. Bathroom.
An SRO unit is not required to but may contain partial or full bathroom
facilities. A partial bathroom facility shall have at least a toilet
and sink; a full facility shall have a toilet, sink and bathtub or
shower or bathtub/shower combination. If a full bathroom facility
is not provided, common bathroom facilities shall be provided in accordance
with the
California Building Code for congregate residences with at
least one full bathroom per floor.
7. Kitchen.
An SRO unit is not required to but may contain partial or full kitchen
facilities. A full kitchen includes a sink, a refrigerator and stove,
range top or oven. A partial kitchen is missing at least one of these
appliances. If a full kitchen is not provided, common kitchen facilities
shall be provided with at least one full kitchen per floor.
8. Closet.
Each SRO unit shall have a separate closet.
9. Code
Compliance. SRO units shall comply with all requirements of the California
Building Code. All units shall comply with all applicable accessibility
and adaptability requirements. All common areas shall be fully accessible.
10. New Structure. A new structure containing SRO unit(s) will be subject to design/site review in accordance with the procedures outlined in Section
17.52.070 (Design review) of the Placer County zoning ordinance. Through the design/site review process, applications are approved, conditionally approved, or denied, based on consistency with the design standards and guidelines established for by the applicable general/community plan and zoning district.
C. Business
Practices—Facility Management. An SRO facility with 10 or more
units shall provide on-site management. An SRO facility with less
than 10 units may provide a management office on site.
D. Parking.
Off-street parking for tenants shall be provided based upon a demonstrated
need; however, the parking standard shall not require more parking
than for other residential or commercial uses within the same zone.
An SRO facility shall provide one parking space for each SRO unit,
one parking space for the on-site manager where required, and one
parking space for each additional employee. All parking shall be off-street
and on site.
E. Tenancy.
Tenancy of SRO units shall not be for less than 30 days.
F. Existing
Structure. An existing structure may be converted to an SRO facility,
consistent with the provisions of this section. Any such conversion
must bring the entire structure up to current building code standards,
including accessibility and adaptability standards, unless otherwise
exempted by the chief building official.
G. Tourist
Accommodation Units. For all SRO units subject to Tahoe Regional Planning
Agency (TRPA) regulation, the SRO units shall remain tourist accommodation
units (TAUs) as set forth by TRPA's Code of Ordinances, unless converted
from a TAU by regulation or means other than the TRPA ordinance.
H. Mixed Use Allowances. On parcels in which mixed use projects are allowed, single-room occupancy residential housing of 30 or fewer units shall be allowed with a zoning clearance requirement while single-room occupancy residential housing of 31 or more units shall be allowed with a minor use permit requirement in accordance with Section
17.06.050 (Land use and permit tables).
(Ord. 5710-B § 9, 2013; Ord. 6056-B § 7, 2020)
A. Purpose. When allowed by Sections
17.06.060 et seq. (Zone district regulations) in the zone applicable to a site, residential snow removal equipment storage is subject to the requirements of this section. The purpose of this section is to allow the storage of snow removal equipment in all residential zone districts above 5,000 feet in elevation, subject to the following restrictions and limitations, to ensure immediate accessibility to snow removal equipment during winter storms. The objective is threefold: (1) to protect the residential character of neighborhoods while allowing for the storage of snow removal equipment as an accessory use; (2) to minimize the visibility and use of such equipment to prevent incompatible activities affecting adjoining residential land uses; and (3) to encourage the dispersal and limit the concentration of snow removal equipment in residential areas. It is recognized by this section that the removal of snow is an essential community activity, necessary for economic viability, and citizen health and safety.
B. General Standards. The following requirements apply to the storage of snow removal equipment in the zone districts described in subsection
C of this section.
1. This
section applies to the unincorporated area of Placer County at elevations
of 5,000 feet or higher.
2. No residential snow removal equipment vehicle, with accessories attached (e.g., rotary blower, or snow plow), may exceed eight feet in height. Two-wheel and/or human powered vehicles are not considered snow removal equipment for purposes of this section. Vehicles that exceed these standards are considered commercial vehicles and storage requirements are described in Section
17.56.250 of the Zoning Ordinance.
3. This section limits residential snow removal equipment storage to November 1st to April 30th. This seasonal limitation does not apply to other commercial vehicle storage activities authorized elsewhere in this code (i.e., storage yards and sales lots and storage, accessory—commercial vehicle storage. See Section
17.56.250(B). For nonresidential zone districts see Sections 17.56.250(B)(2), Commercial vehicle storage or 17.06.060 for storage yards and sales lots).
4. Fuel storage limitations apply per State of California Fire Code (Chapters 27 and 34 for Class I, II, IIIA and IIIB fuels), permit requirements of Section
17.06.050, Land use and permit tables (including storage of petroleum for on-site use), and Section 15.04.040(K) (Adoption and authorization for amendments to the International Fire Code of the Placer County Code). The limitations and prohibitions of this section shall also apply to areas in Squaw Valley designated as low density residential (LDR), high density residential (HDR), forest recreation or conservation preserve. This section shall not be applicable to legally allowed portable storage containers of five gallons or less.
5. General
maintenance (e.g., oil changes and lubrication of equipment) of residential
snow removal equipment may not occur during the hours of eight p.m.
to seven a.m., except during winter storms and is not allowed in the
public right-of-way. Major equipment maintenance that is expected
to exceed five hours in duration is not allowed unless the maintenance
work occurs in an enclosed building or garage. Major equipment maintenance
may include the operation of mechanical equipment, welding equipment,
pneumatic tools, or other devices that generate significant noise,
odors, and glare.
6. Repair
work that may result in the leakage of fuels, oils, or other potentially
hazardous fluids or solvents is subject to the state of California
hazardous waste disposal laws.
7. Home Occupancy Standards. Residential snow storage removal equipment businesses in residential zone districts are subject to the requirements of Section
17.56.120, Home occupations with the exception of Section 17.56.120(C)(4) (Home occupation performance standards—Equipment). Snow removal equipment stored in compliance with this section is allowed with home occupation businesses.
8. This
section applies to snow removal operations only and does not permit
the outdoor storage and/or use of other heavy equipment not intended
for snow removal.
9. No residential snow removal equipment storage and maintenance activities can exceed the noise standards of the Noise Ordinance (Placer County Code Article 9.36) and the noise standards of the Placer County general plan (Section 9) except during winter storms as defined by the National Oceanic and Atmospheric Agency (See Section
17.04.030, Definitions, snow removal). Such activities include equipment start-up, idling, and routine maintenance.
10. When there is a local, state or federal-declared emergency or the
National Weather Service declares that there is a winter storm warning
or emergency is in effect, the hours of operation and annual storage
limitations can be waived by the director of planning until such time
that the winter storm warning or emergency has been lifted.
11. When there is a local, state or federal-declared emergency or the National Weather Service declares that there is a winter storm warning or emergency is in effect, one vehicle more than the maximum number allowed in Section
17.56.235(D), may be stored on a driveway during that storm event.
12. No residential snow removal equipment may be stored or maintained
unless one or more dwelling units are occupied for residential purposes
during some portion of the snow removal season of November 1st to
April 30th. Residential snow removal equipment storage cannot be the
primary use of residential property; it must be incidental to residential
uses already established on the site.
13. No residential snow removal equipment accessories shall be stored outdoors for parcels less than 19,999 square feet in area. Where a solid fence landscaping, structures or other visual barriers screen equipment from all abutting properties, the storage of accessory equipment can be allowed providing that the storage limitations of Section
17.56.250 (Storage, accessory indoor and outdoor) apply (i.e., no more than 50 square feet in area for parcels less than 10,000 square feet in area and 200 square feet for parcels 10,000 to less than 20,000 square feet in area).
14. The on-site idling of snow removal vehicles shall be subject to the standards and exceptions of Section
10.14.040 (Idling) of the Placer County Code. For diesel-powered vehicles idling shall also be subject to the standards and exceptions of Section 2485, Chapter 10—Mobile Source Operational Controls, Article 1—Motor Vehicles, Division
3. Air Resources Board, title
13,
California Code of Regulations.
15. When subsection
D of this section requires a minor use permit, and the storage of snow removal equipment is associated with a home occupation business subject to home occupation performance standards (See Section 17.56.120(C)(4)), it is possible for the business owner to identify a maximum of five additional residential parcels to be entitled by the single minor use permit. In no case may residential properties covered by the minor use permit be abutting or contiguous. Abutting or contiguous would include residences directly opposite from each other across a public or private street.
C. Permit Requirements. Residential snow removal equipment storage uses are subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations).
D. Permit
Tables. The following table provides information on a number of standards
that are applicable to the residential storage of snow removal equipment.
These standards include a list of permissible residential zone districts,
the maximum number of vehicles allowed, land use permit requirements,
minimum lot area standards, off-street parking standards and outdoor
storage.
Zone District
|
Maximum Number of Vehicles
|
Land Use Permit
|
Minimum Lot Area
|
Snow Removal Equipment: Off-Street Parking Required 1
|
Outdoor Storage Set Backs 2
|
---|
RS, RM and all Squaw Valley Residential Zone Districts
|
2
|
ARP for 2 vehicles; no discretionary permit required for 1 vehicle
|
Greater than 20,000 sq. ft.
|
1 screened 5 or enclosed garage space
for each vehicle
|
For 1 vehicle, 20 feet from any adjacent residential structure.
For 2 vehicles, as defined by the ARP but not less than 20 feet from
any adjacent residential structure
|
RS, RM and all Squaw Valley Residential Zone Districts
|
1
|
ARP for 1 vehicle
|
10,001— 19,999 sq. ft.
|
1 screened 5 or enclosed garage space
|
As defined by the ARP for 1 vehicle but not less than 20 feet
from any adjacent residential structure
|
RS, RM and all Squaw Valley Residential Zone Districts
|
1
|
MUP
|
Less than 10,000 sq. ft.
|
1 enclosed garage space
|
No outdoor storage allowed 3
|
Lake Tahoe Basin designated as Tourist/Residential, Tourist,
Residential, Recreation and Conservation
|
1
|
MUP
|
Greater than 3,000 sq. ft. and less than 19,999 sq. ft. 4
|
1 enclosed garage space
|
No outdoor storage allowed 3
|
Lake Tahoe Basin designated as Tourist/Residential, Tourist,
Residential, Recreation and Conservation
|
1
|
ARP
|
Greater than 20,000 sq. ft.
|
2 off-street parking spaces
|
As defined by the ARP but not less than 50 feet from any adjacent
residential structure
|
RF
|
2
|
ARP for 2 vehicles; no discretionary permit required for 1 vehicle
|
200,000 sq. ft. or greater
|
2 off-street parking spaces
|
As defined by the ARP for 2 or more vehicles. For 1 vehicle,
50 feet from any adjacent residential structure but no less than 25
feet from property line
|
RF
|
2
|
ARP for 2 vehicles No discretionary permit required for 1 vehicle
|
199,999 sq. ft. to 1 acre
|
1 off-street parking space
|
50 feet from any adjacent residential structure but not less
than 25 feet from the property line
|
RF
|
1
|
ARP
|
Less than 1 acre
|
1 screened 5 or enclosed garage space
|
50 feet from any adjacent residential structure
|
RS and RF Serene Lakes/Soda Springs Area: Sections 24, 26, 27,
34 and 35, Township 17 North, Range 14 East
|
1
|
MUP
|
5,000 sq. ft.
|
1 off-street parking space
|
As defined by the MUP but not less than 20 feet from any adjacent
residential structure
|
Notes:
|
---|
1The off-street parking standard referenced herein applies only to the storage of snow removal equipment. See Section 17.54.060 (Parking space requirements by land use) for off-street parking standards for passenger vehicles.
|
2The outdoor storage setbacks apply
to the storage of snow removal equipment and accessories. Vehicles
parked within a garage enclosure are not subject to these setback
standards.
|
3The outdoor storage limitations
can be exempted pursuant to Section 17.56.235(B)(11) for winter storm
emergencies.
|
4Residential snow removal equipment
storage is not allowed on parcels less than 3,000 square feet in the
Tahoe Basin.
|
5Visual screening may include fencing,
landscaping, structures or other visual barriers that screen vehicles
or accessory equipment from abutting residences.
|
E. Tahoe
Basin General Plan, Community Plan, Zoning Consistency. In the Tahoe
area, there are a number of general/community plans that also include
plan area statements or land use ordinances listing allowable uses
and permit requirements. These local plans supersede the County Zoning
Ordinance in these areas. However, where the Tahoe Basin Community
Plans do not address a particular land use activity, the County Zoning
Ordinance provisions shall apply.
(Ord. 5568-B § 3, 2009)
Seasonal snow tunnels, as defined by Section
17.04.030 of this chapter, are permitted only within the boundaries of Placer County Zoning Map No. P-11 in order to allow reasonable access to occupied dwellings and seasonal second homes during the heavy snow season in the Serene Lakes area. All other similar structures which do not fit the definition of "snow tunnel" as described in Section
17.04.030 of this chapter shall comply with the requirements of Section
17.54.140(D) for the placement of temporary structures within the setbacks otherwise required in the zone district. Seasonal snow tunnels shall comply with the following provisions:
A. Installation
Requirements. Seasonal snow tunnels may be constructed only after
complete structural and aesthetic review of the proposed project has
been accomplished and assurance of timely removal at the end of the
snow season has been provided to the satisfaction of the planning
and public works directors.
B. Timing
of Installation. Seasonal snow tunnel structures shall not be erected
prior to October 1st, nor shall they remain in place after May 1st
of any year, unless such structures are granted a special extension
of time allowance, in writing, by the Placer County planning director.
Any snow tunnel which remains standing and/or is not properly stored
between May 1st and the following October 1st (except those granted
an extension as provided by this section) may be removed by Placer
County at the property owner's expense. In the event of a failure
by the property owner to comply with the requirements for timely removal
specified above, approval for annual installation may be rescinded
by the planning director, who shall take steps to insure that the
structure is removed.
C. Storage
of Materials. Snow tunnel materials shall be stored properly only
within the residential structure on the property, within an approved
accessory structure on the property, underneath a residential structure
on the property, or unobtrusively within an area on the lot screened
from surrounding property and streets by a solid wood fence and/or
vegetation.
(Ord. 5126-B, 2001; Ord. 6048-B § 37, 2020)
Where the principal building or use of a site is other than storage, and storage accessory to that use is also located on the site, the accessory storage is subject to the provisions of this section. Accessory storage includes, but is not limited to, building materials and equipment storage, commercial vehicle storage, storage of noncommercial and inoperative vehicles, fuel and explosives storage, and stockpiled materials, scrap and junk. A land use permit is required to establish accessory storage only where provided by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations), or by this section in a specific situation. (See Storage Yards, Storage, Mini-storage facilities where storage is the only or primary use of the site)
A. Building
Materials and Equipment. Building materials and equipment being used
for construction may be stored on or adjacent to the construction
site as long as a valid building permit is in effect for the construction.
Building materials and equipment include stockpiles of construction
materials, tools, equipment, and building component assembly operations.
When storage is proposed on a lot adjacent to the construction site,
the land use permit application for the project shall also describe
the storage site.
B. Commercial Vehicle Storage. This subsection applies to the accessory storage and incidental parking of vehicles and/or self-propelled equipment used for shipping, delivery of freight and products, taxis or limousines, or other commercial or industrial purposes. The storage of commercial vehicles for legitimate on-site agricultural or timber harvesting operations (as determined by the planning director) may occur in any zone district with zoning clearance (Section
17.06.040, Zoning clearance procedure). The storage of vehicles as a principal use is subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations) for "Vehicle storage," instead of this section.
1. Residential
and Agricultural Zones. Within a residential or agricultural zone,
commercial vehicles shall not be stored or parked longer than necessary
for the pickup or delivery of materials, goods, etc. at the site,
except that one commercial vehicle may be stored or parked within
a residential zone that satisfies the following requirements:
Zone District
|
Maximum Number of Vehicles
|
Land Use Permit
|
Minimum Lot Area
|
Off-Street Parking Required
|
---|
RS, RM
|
1
|
MUP
|
10,000 sq. ft. or more
|
1 garage space per vehicle
|
None
|
4.6 acres or more
|
1 space per vehicle
|
RA
|
1
|
MUP
|
less than 4.6 acres
|
1 space per vehicle
|
None
|
4.6 acres or more
|
1 space per vehicle
|
F, AE, RF
|
1
|
ARP
|
2.3—4.59 acres
|
1 space per vehicle
|
MUP
|
less than 2.3 acres
|
1 space per vehicle
|
Note: Any required garage space shall be of sufficient size
to completely contain the commercial vehicle for which it is required
with the garage door closed.
|
2. Commercial and Industrial Zones. The storage of commercial vehicles accessory to a commercial use is allowed only in the zone districts shown on the following table, subject to the accompanying requirements, based on the zone in which the site is located; except that the storage of commercial vehicles for legitimate on-site agricultural or timber harvesting operations (as determined by the planning director) may occur in any zone district with zoning clearance (Section
17.06.040, Zoning clearance procedure). The storage of commercial vehicles as a principal use is considered "vehicle storage" and is subject to the requirements of this chapter for that land use.
Zone District
|
Maximum Number of Vehicles
|
Land Use Permit
|
Minimum Lot Area
|
Off-Street Parking Required
|
---|
BP
|
1
|
None
|
5 acres
|
1 space per vehicle
|
2 or more
|
MUP
|
|
1 space per vehicle
|
C1
|
1
|
None
|
6,000 sq. ft.
|
1 space per vehicle
|
C2
|
1
|
None
|
6,000 sq. ft. corner lot
|
1 space per vehicle
|
2 or more
|
MUP
|
5,000 sq. ft. interior lot
|
1 space per vehicle
|
C3
|
No limit
|
None
|
2,000 sq. ft.
|
1 space per vehicle
|
CPD
|
1
|
None
|
Set by CUP for principal use
|
1 space per vehicle
|
2 or more
|
MUP
|
|
1 space per vehicle
|
HS
|
1
|
None
|
8,000 sq. ft.
|
1 space per vehicle
|
2 or more
|
MUP
|
|
1 space per vehicle
|
MT
|
1
|
MUP
|
20,000 sq. ft.
|
1 space per vehicle
|
OP
|
1
|
MUP
|
10,000 sq. ft.
|
1 space per vehicle
|
RES
|
1
|
MUP
|
40,000 sq. ft.
|
1 space per vehicle
|
APT
|
No limit
|
MUP
|
40,000 sq. ft.
|
1 space per vehicle
|
IN
|
No limit
|
None
|
40,000 sq. ft.
|
1 space per vehicle
|
INP
|
No limit
|
MUP
|
8,000 sq. ft.
|
1 space per vehicle
|
C. Noncommercial
and Inoperative Vehicles. The storage, repair or keeping of operative
noncommercial and inoperative vehicles is subject to the following
requirements.
1. Vehicles Being Repaired. The repair of vehicles is allowed only in the commercial or industrial zones established by Section
17.06.010 (Zone and combining districts established), except for the repair of personal vehicles pursuant to Section
17.56.320 (Vehicle repair in residential areas). The storage, repair or keeping of inoperative vehicles in a commercial or industrial zone for the purposes of repair, alteration, painting, impoundment or temporary storage is subject to the requirements established by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) for "Repair and maintenance—Vehicle," as defined by Section
17.04.030 (Definitions).
2. Wrecked and Inoperative Vehicle Dismantling or Storage. Any area greater than 200 square feet used for the dismantling, keeping of inoperative vehicles, or for the storage of wrecked or abandoned vehicles not being dismantled or repaired, is subject to the requirements established by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) for "Recycling, scrap and wrecking yards," as defined by Section
17.04.030 (Definitions).
3. Automobiles, Boats, and Trailers Stored Accessory to a Residential Use. The storage of registered, operative vehicles, boats or trailers are not regulated by this section, provided that no vehicles shall be stored or displayed in conjunction with any commercial activity related to their use unless specifically authorized by Section
17.56.120 herein. The storage of inoperative vehicles accessory to a residential use (including historic or special interest vehicles) for the purposes of maintaining a personal collection, or for personal repair, alteration, restoration or painting for hobby or other personal use is subject to the requirements of Section
17.56.320 (Vehicle repair in residential areas).
4. Vehicle
Ownership. Only noncommercial vehicles, registered to the property
owner, tenant, or resident shall be stored on site.
D. Fuel
and Explosives Storage.
1. Fuel. The storage of petroleum products for on-site use is subject to the permit requirements established by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) for the "Storage of petroleum products for on-site use," as defined by Section
17.04.030 (Definitions). (See also Section
15.04.040 of the Placer County Code (Storage of petroleum products for on-site use).)
2. Explosives. The storage of explosives for on-site use shall require conditional use permit approval (Section
17.58.130), and is subject to any requirements established by the county sheriff and the fire department having jurisdiction over the site.
E. Stockpiled
Materials, Scrap and Junk. The storage of miscellaneous materials
(including building materials when no construction is occurring on
the site), articles, equipment, scrap or junk is subject to the following
requirements.
1. Effect of Standards. The standards of this subsection
E limit the amount of materials that may be stored outdoors, in view of surrounding parcels and passers-by. The intent of these standards is to insure that materials kept outside do not have a detrimental impact on surrounding property values and/or affect the health and safety of persons residing on the property or in the surrounding area. The provisions of this subsection limit the amount of stored materials based on the size of the lot.
2. Exceptions. The following types of outdoor materials storage are not subject to the provisions of this subsection
E:
a. Screened Materials. Except for debris or inoperative vehicles, any
stored materials that are screened by a solid barrier at least six
feet in height are exempt from the limitations of this section. In
order for materials to be considered screened, they must be surrounded
by a structure or plant material that is at least six feet high and
visually opaque. Acceptable screening materials include solid board
fencing, masonry walls and/or vegetation. Landscaping vegetation may
be used only if it is evergreen and completely blocks from view the
materials in question. No portion of the material shall be visible
through or above the barrier. The planning director may approve a
screening barrier with a height of less than six feet if it can be
demonstrated to the director's satisfaction that the materials are
effectively screened from neighboring lots and public or private roads
in the area. All such screened materials must be situated in a manner
such that they meet the required structural setbacks for the zone
district in which they are located and do not violate other provisions
of this chapter, such as commercial storage in a residential or agricultural
zone.
b. Principal Use. The storage of materials as a principal use is subject to the requirements established by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) for "Recycling, scrap and wrecking yards," as defined by Section
17.04.030 (Definitions).
c. Accessory to Commercial or Industrial Use. The storage of materials
accessory to a commercial or industrial use is subject to the provisions
of this chapter applicable to the principal commercial use.
d. Materials Accessory to Agriculture or Forestry. Materials that are
associated with a permitted on-site agricultural use or timber management
practice. Such materials shall be clearly associated with the ongoing
operation conducted on the site and shall not merely be stored on
the property for an indeterminate time.
e. Stockpiles. Fill material, agricultural waste, sand, aggregates and
soil amendments shall be exempted if the materials are not being stored
for commercial purposes and are stored less than six feet in height;
provided, that such materials do not include garbage, refuse, debris,
or any similar disposable waste unless it is demonstrated that the
material is used for a permissible activity on-site (e.g., composting).
f. Other Exceptions. In addition, notwithstanding this or other sections,
the planning director may establish guidelines for determining that
a stored material will not have a detrimental impact on surrounding
property values and/or affect the health, safety, or general welfare
of persons residing on the property or in the surrounding area. If
such a determination is made, the outdoor storage of the particular
material may be exempted from these regulations.
3. Standards
for Storage.
a. Accessory Use Only. Outdoor storage shall be accessory to the principal
use of the property only and shall not be related to any off-site
commercial business or activity.
b. Location of Storage. No outdoor storage shall be permitted within a front street-side setback (Section
17.54.130).
c. Height Limit for Stored Materials. Stored materials shall not exceed
a height of six feet.
d. Area Occupied by Stored Materials. The maximum area on a site that
may be used for the outdoor storage of materials pursuant to this
section shall be as shown in the following table. The maximum aggregate
area of stored materials allowed shall also include any debris, inoperative
vehicles and/or vehicles under repair or restoration provided, however,
that the maximum area for the outdoor storage of debris, inoperative
vehicles, or vehicles under repair shall not exceed 200 square feet,
regardless of the total area of outdoor storage allowed.
Lot Size
|
Maximum Total Area of Storage
|
---|
<10,000 sq. ft.
|
50 sq. ft.
|
10,000 sq. ft. to < 20,000 sq. ft.
|
200 sq. ft.
|
20,000 sq. ft. to 1 acre
|
300 sq. ft.
|
1+ acres to 5 acres
|
500 sq. ft.
|
>5 acres
|
1,000 sq. ft.
|
4. Nonconforming
Uses. Any lot or parcel, that does not conform to these regulations
shall have one year from the effective date of this section to be
brought into compliance. Such lots or parcels shall not have a legal
nonconforming right to continue the storage of materials in the open
in excess of the amounts allowed by this section.
F. Cargo
Containers. This subsection applies to the use of cargo containers
for accessory storage. A "cargo container" (also known as a "conex
box," "sea-land container," or "seatrain box") is defined as a prefabricated
metal structure designed for use as an individual shipping container
in accordance with international standards or a metal structure designed
and built for use as an enclosed truck trailer in accordance with
Department of Transportation standards. Cargo containers are eight
feet wide, nine feet, six inches tall and vary in length from 10 feet
up to 50 feet. Cargo containers may be used for accessory storage
subject to the following standards:
1. Allowable
Zone Districts. Cargo containers are allowed in the RA, RF, F, AE,
TPZ, and FOR zone districts in accordance with the standards of this
section.
2. Maximum
Area Allowable Containers.
Size of Parcel
|
Maximum Area of Cargo Container Usage Per Parcel
|
---|
1 acre–9.9 acres
|
500 sq. ft.
|
10 acres or more
|
1,000 sq. ft.
|
10 acres or more with bona fide commercial agricultural use*
|
2,400 sq. ft.
|
*Requires a written determination from the agricultural commissioner
|
3. Setbacks.
Cargo containers shall meet all building setback requirements. In
no case shall a cargo container be located within a required setback
area.
4. Screening
and Design. Cargo containers shall be solid-colored and shall not
contain lettering, logos, or graffiti. Colors shall be maintained
for the life of the container.
5. Stacking.
Cargo containers shall not be stacked.
6. Containers
shall be used for private storage only and not be used for retail,
rental, or other similar business use (except for bona fide agricultural
use as noted in subsection (F)(2) above). Only goods incidental to
an existing permitted use may be stored, and not available for public
access or use.
(Ord. 5126-B, 2001; Ord. 6048-B § 38, 2020; Ord. 6164-B § 10, 2022)
A. Limitation
on Use. Mini-storage or individual locker storage facilities shall
not be used for the storage of any item or substance that may produce
any appreciable dust, odor, noise, or other nuisance or hazardous
factors.
B. Caretaker Dwelling. Facilities may contain one caretaker dwelling pursuant to Section
17.56.090 (Caretaker and employee housing), as an integral part of one of the buildings on the site. A noncertified mobile home shall not be allowed.
(Ord. 5126-B, 2001)
When allowed by Sections 5.030 et seq. (Allowable land uses
and permit requirements) in the zone applicable to a site, surface
mining operations and the reclamation of mined lands are subject to
the requirements of this section. This section supplements and should
be reviewed in conjunction with the California Surface Mining and
Reclamation Act of 1975 (Section 2710 et seq., of the California Public
Resources Code), which contains additional information and requirements
applicable to surface mining operations and reclamation. The processing
of materials mined on-site (e.g., gravel plants, etc.) and the retail
sales of such mined and processed materials from the mine site is
permitted by this section, subject to the conditions of the conditional
use permit.
A. Findings.
The board of supervisors finds and declares that:
1. The
extraction of minerals is essential to the continued economic well-being
of the county and to the needs of the society, and that the reclamation
of mined lands is necessary to prevent or minimize adverse effects
on the environment and to protect the public health and safety;
2. The
reclamation of mined lands as provided for in this article will permit
the continued mining of minerals and will provide for the protection
and subsequent beneficial use of the mined and reclaimed land;
3. Surface
mining takes place in diverse areas where the geologic, topographic,
climatic, biological, and social conditions are significantly different
and that the reclamation operations and specifications therefore may
vary accordingly.
B. Purpose
and Intent. It is the intent of the board of supervisors to create
and maintain effective and comprehensive surface mining and reclamation
policies and regulations to properly carry out the requirements of
the California Surface Mining and Reclamation Act of 1975 (Section
2710 et seq. of the California
Public Resources Code) hereinafter
referred to as "SMARA," California
Public Resources Code Section 2207,
and the
California Code of Regulations adopted pursuant thereto (14
Cal.
Code of Regulations., Section 3500 et seq.) to ensure that:
1. Adverse
environmental and other effects of surface mining operations will
be prevented or minimized and that the reclamation of mined lands
will pro-vide for the beneficial, sustainable, long-term productive
use of the mined and reclaimed lands; and
2. The
production and conservation of minerals will be encouraged, while
eliminating hazards to public health and safety and avoiding or minimizing
adverse effects on the environment, including but not limited to geologic
subsidence, air pollution, water quality degradation, damage to biological
resources, flooding, erosion, degradation of scenic quality, and noise
pollution.
C. Incorporation
of SMARA and State Regulations. The provisions of the California Surface
Mining and Reclamation Act of 1975 (Section 2710 et seq. of the California
Public Resources Code), California
Public Resources Code Section 2207,
and the
California Code of Regulations implementing the Act (14 Cal.
Code of Regs., Section 3500 et seq.), and 14 Cal.
Code of Regulations,
Article 9, Chapter 8, Section 3700 et seq. ("Reclamation Standards"),
hereinafter also referred to as "state regulations," as those provisions
may be amended from time to time, are made a part of this subchapter
by reference with the same force and effect as if the provisions therein
were fully set forth here, excepting that when the provisions of this
subchapter are more restrictive than conflicting State provisions,
this article shall prevail.
D. Permit and Reclamation Plan Required. No person shall conduct surface mining operations or permit another person to conduct surface mining operations on his/her property unless a conditional use permit and reclamation plan have first been approved pursuant to this section and Section
17.58.130 (Conditional use permits), except as otherwise provided in subsections
E (Exceptions) and J (Vested Rights) of this section. Conditional use permit and reclamation plan approval are required for all surface mining operations in all zones where surface mining is allowed; and shall be required for the expansion or substantial change of operation of any surface mine for which such expansion or changes have nor been previously approved. Reclamation plan approval is also required for those portions of existing surface mining operations which claim to have vested rights pursuant to California
Public Resources Code Section 2776, unless otherwise exempted from SMARA by its provisions, or subject to an exception as provided by subsection
E.
E. Exceptions.
The provisions of this section shall not apply to any of the following
activities:
1. Excavations
or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster;
2. Prospecting
for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1,000 cubic yards
in any one location of one acre or less, with the written consent
of the surface right owner and consistent with applicable law;
3. Surface
mining operations that are required by federal law in order to protect
a mining claim, if such operations are conducted solely for that purpose;
4. Such
other surface mining operations which the State Mining and Geology
Board determines to be of an infrequent nature and which involve only
minor surface disturbances;
5. Emergency
excavations or grading conducted by the department of water resources
or the reclamation board for the purpose of averting, alleviating,
repairing, or restoring damage to property due to imminent or recent
floods, disasters, or other emergencies;
6. An
exception under this section does not necessarily exempt a project
or activity from other regulations or permit requirements of this
zoning ordinance or the Placer County Code.
F. Application Contents. As required for conditional use permits by Section
17.58.030, and as required by subsection
G.
G. Reclamation
Plan Requirements.
1. State
Standards. All reclamation plans shall conform to minimum statewide
performance standards required pursuant to the California Public Resources
Code Section 2772(c) (14 Cal.
Code of Regulations, Article 9, Chapter
8, Section 3700 et seq.), as adopted by the State Surface Mining and
Geology Board, including but not limited to wildlife habitat, backfilling,
revegetation, drainage, agricultural land reclamation, equipment removal,
stream protection, topsoil salvage, and waste management.
2. Information
on Site and Surroundings. The reclamation plan shall also address
specific characteristics of the site and surface mine to be reclaimed,
such as type of overburden, soil stability, topography, geology, climate,
stream characteristics, and principal mineral commodities, and the
character of the surrounding area.
3. General Application Information. The reclamation plan shall include the information specified by Section
17.58.020 (Required application contents), and all additional information and materials specified by the list of "required application contents for surface mining permits and reclamation plans" furnished by the planning department.
4. Information
on Reclamation Phasing. Each phase of reclamation shall be specifically
described in the reclamation plan and shall include:
a. The beginning and expected ending dates for each phase;
b. All reclamation activities required;
c. Criteria for measuring completion of specific reclamation activities;
and
d. Estimated costs as provided by subsection
J.
H. Application Processing. Conditional use permit applications and proposed reclamation plans for surface mines shall be processed as required by Sections
17.58.130 et seq. (Conditional use permits), and as follows:
1. Referral
of Application. Within 30 days of the acceptance of a conditional
use permit and/or reclamation plan application for a surface mining
operation, the planning department shall refer the applications and
plans to the following:
a. The director of the State of California Department of Conservation
shall be notified of the filing of all surface mining permit applications,
reclamation plans and the associated CEQA document. The Department
of Conservation shall have 30 days to prepare written comments on
the reclamation plan and financial assurance, if the director of the
Department of Conservation so chooses.
b. Whenever mining operations are proposed in a 100 year flood plain
of any stream, as shown in Zone A of the flood insurance rate maps
issued by the Federal Emergency Management Agency (FEMA), and within
one mile, upstream of downstream, of any state highway bridge, the
planning department shall also notify the California Department of
Transportation that the application has been received.
2. Authority
for Action on Reclamation Plans. The zoning administrator shall be
the granting authority for review and approval of a reclamation plan,
except that where a conditional use permit application is also filed,
the planning commission shall be the granting authority for both the
conditional use permit and the reclamation plan.
3. Public Hearing. Each application for a conditional use permit and/or reclamation plan for a surface mine shall be subject to at least one public hearing as specified by Section
17.58.130 (Conditional use permits). If applications for a conditional use permit and a reclamation plan are submitted by the same applicant for the same site, the granting authority may consider and decide upon both applications in one public hearing.
4. Hearing Notice. Notice of a public hearing on a permit or reclamation plan for a surface mine shall be given as specified in Section
17.60.140 (Public hearings), and notice shall also be provided to all owners of property located within any existing or proposed contiguous special purpose (-SP) combining district.
5. Procedure for Approval. Conditional use permits for surface mining operations shall be processed and approved as provided by Sections
17.58.130 et seq., which may occur at the same time as reclamation plan. The approval of a reclamation plan, amendment to a reclamation plan, or financial assurances (as provided by subsection
J, shall also occur as follows:
a. Certification to State. Prior to the final approval of a reclamation
plan, financial assurances or any amendments to a reclamation plan
or existing financial assurances, the granting authority shall:
i. Certify to the director of the California Department of Conservation
that the reclamation plan and/or financial assurance complies with
the applicable requirements of the state regulations; and
ii. Submit the plan, assurances, or amendments to the director of the
California Department of Conservation for review.
b. Conceptual Approval. The granting authority may conceptually approve
a reclamation plan and financial assurance before submittal to the
director of the California Department of Conservation.
c. Deferral of Action. The granting authority may defer action on a surface mining conditional use permit until taking final action on a reclamation plan and financial assurance. If necessary to comply with the permit processing deadlines set forth in Section
17.58.160 (Permit time limits), the granting authority may approve the conditional use permit for surface mining with the condition that surface mining operations shall not commence until financial assurances have been reviewed by the director of the California Department of Conservation, and final action has been taken on the reclamation plan and financial assurances.
d. Response to State Comments. The granting authority shall evaluate
the written comments provided by the California Department of Conservation
during the 45 day comment period. The planning department shall prepare
a written response describing the disposition of the major issues
raised by the State for approval by the granting authority. In particular,
when the granting authority's position is different than the recommendations
and objections raised by the Department of Conservation, (or any other
"responsible" or trustee agency) where comments have been based upon
those agencies' statutory or regulatory authority, the written response
shall address, in detail, why specific comments and suggestions were
not accepted. Copies of any written comments received and responses
prepared by the granting authority shall be promptly forwarded to
the operator/applicant.
e. Final Approval. The granting authority shall then approve, conditionally approve, or deny the conditional use permit and/or reclamation plan as provided by Section
17.58.130 et seq. (Conditional use permits), and pursuant to Section 2774 of the California
Public Resources Code, and to approve the financial assurances as provided by Section 2770(d) of the California
Public Resources Code.
f. Findings for Approval. In approving a conditional use permit for a surface mining operation, the granting authority shall make all findings required for conditional use permits by Section
17.58.140(A) (Findings Required for Approval), and a finding that the project complies with the provisions of applicable state regulations. In approving a reclamation plan, the granting authority shall first find that:
i. The reclamation plan complies with Section 2772, Section 2773, and
Section 2773.1 of the California
Public Resources Code and any other
applicable provisions;
iii.
The reclamation plan and potential use of reclaimed land pursuant
to the reclamation plan are consistent with this chapter, the Placer
County general plan, and any applicable resource plan;
iv. The reclamation plans has been reviewed pursuant to the California
Environmental Quality Act ("CEQA," California
Public Resources Code
Section 21000 et seq.) and the Placer County environmental review
guidelines, and all significant adverse impacts from reclamation of
the surface mining operations are mitigated to the maximum extent
feasible;
v. The land and/or resources such as water bodies to be reclaimed will
be restored to a condition that is as compatible with and blends in
with the surrounding natural environmental, topography, and other
resources, or that suitable off-site development will compensate for
related disturbances to resource values;
vi. That the reclamation plan will restore the mined lands to a usable
condition which is readily adaptable for alternative land uses consistent
with the general plan and any applicable resource plan; and
vii.
A written response to the director of the California Department
of Conservation has been prepared as provided by subsection (H)(5)(d)
of this section.
g. Referral to State. The planning department shall forward a copy of
each approved conditional use permit for surface mining operations
and/or approved reclamation plan, and a copy of the financial assurances
to the California Department of Conservation.
I. Phasing
of Reclamation. Reclamation activities shall be phased with respect
to the mining operation and shall be initiated at the earliest possible
time on those portions of the mined lands that will not be subject
to further disturbance. Interim reclamation may also be required for
mined lands that have been disturbed and that may be disturbed again
in future operations. Reclamation may occur on an annual basis, in
stages compatible with continuing operations, or on completion of
all excavation, removal, or fill, or as approved by the county.
J. Financial Assurances for Reclamation Plans. In order to ensure that reclamation will proceed in accordance with the approved reclamation plan, appropriate security for performance shall be required by the granting authority as a condition of reclamation plan approval. The applicant shall post security as provided by Section
17.58.190 (Security for performance), and as provided by statewide regulations adopted by the California Surface Mining and Geology Board. Financial assurances shall be made payable to the County and the California Department of Conservation.
1. Scope
of Assurances. Financial assurances will be required to ensure compliance
with elements of the reclamation plan including but not limited to
revegetation and landscaping requirements; restoration of aquatic
or wildlife habitat; restoration of water bodies and water quality;
slope stability and erosion and drainage control; disposal of hazardous
materials; and other mitigation measures. Financial assurances for
such elements of the plan shall be monitored by the planning department.
2. Amount
of Assurances.
a. The amount of financial assurances shall be based on the estimated
costs of reclamation for the years or phases stipulated in the approved
reclamation plan, including any maintenance of reclaimed areas as
may be required, subject to adjustment for the actual amount required
to reclaim lands disturbed by surface mining active ties since January
1, 1976, and new lands to be disturbed by surface mining activities
in the upcoming year, as provided by subsection (J)(3) of this section.
b. Cost estimates shall be prepared by a licensed engineer and/or other
qualified professionals retained by the operator and approved by the
planning director. The estimated amount of financial assurance shall
be based on an analysis of physical activities necessary to carry
out the approved reclamation plan, the unit costs for each activity,
the number of units of each activity, and the actual administrative
costs.
c. Financial assurances to ensure compliance with revegetation, restoration
of water bodies, restoration of aquatic or wildlife habitat, and any
other applicable element of the approved reclamation plan shall be
based upon cost estimates that include but may not be limited to labor,
equipment, materials, mobilization of equipment, administration, and
reasonable profit by a commercial operator other than the permittee.
d. In projecting the costs of financial assurances, it shall be assumed
without prejudice or insinuation that the surface mining operation
could be abandoned by the operator and, consequently, the county or
state may need to contract with a third party commercial company for
reclamation of the site.
3. Adjustments
to Assurances. The amount of financial assurances required of a surface
mining operation for any one year shall be adjusted annually to account
for new lands disturbed by surface mining operations, inflation, and
reclamation of lands completed in accordance with the approved reclamation
plan. The financial assurances shall include estimates to cover reclamation
for existing conditions and anticipated activities during the next
calendar year, provided that the permittee may not claim credit for
reclamation scheduled for completion during the coming year. Proposed
adjustments to financial assurances shall be submitted to the planning
director each year prior to the anniversary date for approval of the
financial assurances. If adjustments to the financial assurances are
not required, the operator shall explain, in writing, why adjustments
are not required.
4. Term
and Release of Assurances. The financial assurances shall remain in
effect for the duration of the surface mining operation and any additional
period until reclamation is completed (including any maintenance required).
The financial assurances shall be released upon satisfactory performance.
K. Periodic
Review and Inspection Required. Whenever the granting authority approves
or conditionally approves a permit or reclamation plan for a surface
mine, it shall adopt a condition of approval requiring periodic inspection
of the site and surface mining operation by the community development/resource
agency, and health.
1. Timing of Inspection. The planning department shall arrange for inspection within six months of receipt of the annual report required by subsection
L. In no event shall less than one inspection be conducted in any calendar year.
2. Purpose
of Inspection. The periodic inspection shall be required to determine
whether the surface mining operation is in compliance with the approved
conditional use permit and/or reclamation plan, financial assurances,
and the state regulations.
3. Inspection
Personnel. Required inspections may be made by a California state-registered
geologist, state-registered civil engineer, state-licensed landscape
architect, or state-registered forester, who is experienced in land
reclamation and who has not been employed by the mining operation
in any capacity during the previous 12 months, or other qualified
specialists selected by the planning director and retained by the
county.
4. Inspection
Forms. All inspections shall be conducted using forms provided by
the California State Mining and Geology Board.
5. State
Notification of Inspection. The planning department shall notify the
California Department of Conservation within 30 days of completion
of the inspection that the inspection has been conducted, and shall
forward a copy of the inspection notice and any supporting documentation
to the mine operator. The mine operator shall be solely responsible
for the reasonable cost of the inspection.
6. Refusal
of Inspection. Failure by the permittee to allow a required inspection
shall constitute grounds for revocation of the permit pursuant to
Section 17.62.260 (Permit revocation).
L. Annual
Reports. The following annual reports are required:
1. County
Report to State. By July 1, of each year, the planning department
shall submit to the California Department of Conservation a copy of
any conditional use permit or reclamation plan amendments, as applicable,
for each active or idle mining operation, or a statement that there
have been no changes during the previous year.
2. Report
by Surface Mine Operators. Surface mining operators shall forward
an annual status report to the California Department of Conservation
and the planning department on a date established by the California
Department of Conservation, on forms furnished by the State Mining
and Geology Board.
M. Interim Management Plans (IMPs) for Idle Operations. Within 90 days of a surface mining operation becoming idle (as defined by Section
17.04.030), the operator shall submit, and the planning department shall process, a proposed interim management plan (IMP) as provided by this subsection.
1. Content
of IMP. The proposed IMP shall comply with the requirements of California
Public Resources Code Section 2770(h), and shall describe measures
the operator will implement to maintain the site in compliance with
SMARA, including but not limited to all conditions of the conditional
use permit for surface mining and/or the reclamation plan.
2. Processing
of IMP. A proposed IMP shall be processed as an amendment to the approved
reclamation plan, and shall not be considered a "project" for purposes
of environmental review, pursuant to California
Public Resources Code
Section 2770(h).
a. Referral to State. Upon receipt of a complete proposed IMP, and at
least 45 days prior to action on the IMP by the granting authority
pursuant to subsection (M)(2)(b) of this section, the planning department
shall forward the IMP to the California Department of Conservation
for review.
b. Approval or Denial of IMP. Within 60 days of receipt of a proposed IMP, or longer period mutually agreed upon by the planning director and the operator, the granting authority shall review and approve or deny the IMP in accordance with this section. In the event of a denial, the operator shall have 30 days (or longer period mutually agreed upon by the planning director and the operator) to submit a revised IMP. The granting authority shall approve or deny the revised IMP within 60 days of receipt. The denial of a revised IMP by the granting authority may be appealed as provided by Section
17.60.110 (Appeals).
4.
Continuation of Financial Assurances. Financial assurances for
idle operations shall be continued as provided by the reclamation
plan or as otherwise approved through the IMP for the idle mine.
5. Duration
of IMP. An IMP may remain in effect for a maximum of five years, at
which time the granting authority may renew the IMP for a maximum
of another five years, or require the surface mining operator to commence
reclamation in accordance with the approved reclamation plan.
N. Site
Development and Operational Requirements. Surface mining operations
shall satisfy the following requirements:
1. Surface
Mining Practices. The state guidelines for surface mining and reclamation
practices contained in the
California Code of Regulations are incorporated
into this section as though they were fully set forth here. The state
guidelines shall be the minimum acceptable practices to be followed
in surface mining operations.
2. Setbacks.
Unless other setbacks are required through conditions of approval,
all surface mining operations shall be set back from property lines,
public streets and sewage disposal systems a minimum of 25 feet, or
such other greater minimum distances as are specified in a given zone
district for primary uses and buildings. The required setback area
shall be maintained in its pre-mining state, with no disturbance of
existing terrain or vegetation, unless otherwise required by conditional
use permit conditions of approval.
3. Buffer
and Screening Required. A noise and/or visual buffer or screen shall
be provided along any road rights-of-way and along any property lines
as required by conditions of approval, where the granting authority
determines that adjacent incompatible uses exist (e.g., schools, parks,
or other public or private incompatible uses).
O. Amendments
and Transfers of Ownership.
1. Amendments
to an approved reclamation plan may be submitted to the planning director,
detailing proposed changes from the original plan. Deviations from
the original plan that are determined by the planning director to
be substantial shall not be undertaken until such amendments have
been reviewed and approved by the granting authority for the original
reclamation plan, through the same procedure used for the initial
approval.
2. Whenever
one operator succeeds to the interest of another in any uncompleted
surface mining operation by sale, assignment, transfer, conveyance,
exchange or other means, the successor shall be bound by the provisions
of the approved reclamation plan and the provisions of this section.
P. Vested
Rights.
1. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall be required to secure a permit or submit a reclamation plan pursuant to this section unless the continued operation of the mining activity falls into any one of the categories listed in subsection
D of this section, in which case conditional use permits and reclamation plans are required.
2. A
person shall be deemed to have vested rights as described in subsection
(P)(1) if, before January 1, 1976, he or she had in good faith and
in reliance upon a permit or other authorization (if such permit or
other authorization was required) diligently commenced surface mining
operations and incurred substantial liabilities for work and materials
necessary therefore. Expenses incurred in obtaining the enactment
of an ordinance in relation to a particular operation or the issuance
of a permit shall not be deemed liabilities for work or materials.
3. The
public is advised that Placer County Ordinance No. 3459-B required
a person who had obtained a vested right to conduct surface mining
operations before January 1, 1976 to submit a complete reclamation
plan to the planning department by October 11, 1985, for operations
conducted after January 1, 1976 unless a reclamation plan was approved
by the county before January 1, 1976 and the person submitting the
plan had accepted responsibility for reclaiming the mined lands in
accordance with the reclamation plan.
4. Nothing
in this section shall be construed as requiring the filing of a reclamation
plan for, or the reclamation of mined lands on which surface mining
operations were commenced and terminated before January 1, 1976. However,
it is recommended that mining operators prepare and propose reclamation
plans to address unreclaimed portions of ongoing mining operations
even where such areas were disturbed before January 1, 1976.
5. The
failure to submit a reclamation plan for county review and approval
by October 11, 1985 (within one year from the date of adoption of
Placer County Ordinance No. 3459-B) shall be cause for revocation
of the use permit. The public is advised that Ordinance No. 3459-B
allowed an extension of six months to file such a plan upon an applicant's
written request, where the failure to meet the deadline was shown
to be due to circumstances beyond an operator's control. Such extension
is no longer allowed.
Q. Public
Records.
1. Reclamation
plans, reports, applications, and other documents submitted pursuant
to this section are public records, unless it can be demonstrated
to the satisfaction of the planning director that the release of such
information, or part thereof, would reveal production, reserves, or
rate of depletion, and is entitled to protection as proprietary information.
2. The
granting authority shall identify such proprietary information as
a separate part of the application. Proprietary information shall
be made available only to the state geologist and to persons authorized
in writing by the operator and by the owner. A copy of all reclamation
plans, reports, applications, and other documents submitted pursuant
to this subchapter shall be furnished to the state geologist by the
granting authority upon request.
R. Violations
and Penalties. If the planning director determines, based upon an
annual or other inspection that a surface mining operation is not
in compliance with this section, the approved conditional use permit,
any other required permit, and/or the reclamation plan, the County
shall follow the procedures set forth in California Public Resources
Code Section 2774.1 and Section 2774.2 concerning violations and penalties,
as well as the provisions of Article 17.62 (Enforcement) that are
not preempted by SMARA.
S. Administrative
and Inspection Fee. A fee of $2,028 shall be paid by each active surface
mining operation each year to review cost estimates, financial assurances,
interim management plans, and to conduct inspections. Mines that have
an approved application, but have not commenced mining activities
will be considered inactive and will be subject to a reduced annual
fee of $531. These fees shall be automatically adjusted annually on
July 1st of each year. The annual adjustment shall be based on the
State of California Division of Labor Statistics and Research, Consumer
Price Index "For All Urban Consumers" for the preceding year (April
of the prior year to April of the current year). These fees are annual
fees that shall be paid prior to the county releasing a copy of the
annual inspection report to the mine operator. In the event these
operations are identified, conditioned and paid for under other entitlements
such as a use permit, the director may consider the fee required herein,
in full or in part, satisfied.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord.
5632-B § 2, 2010)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, the temporary placement and occupancy of a mobile home, travel trailer or recreational vehicle as a dwelling, shall be subject to the requirements of this section.
A. Permit
Requirements.
1. Application
and Approval. An application for a zoning clearance for the temporary
dwelling use of a mobile home, travel trailer or recreational vehicle
shall be filed with the planning department. The zoning clearance
shall be approved by the community development/resource agency if
the application complies with all requirements of this code, a proposed
mobile home meets the requirements of current state law, and approval
is granted by the community development/resource agency and health,
as appropriate.
2. Hold
Harmless Agreement. Before issuance of a temporary dwelling permit,
the applicant shall submit to the planning department an agreement
stating that the county shall be held harmless by the building permit
holder for any damages or injuries that may result from the approval
of the temporary dwelling.
3. Building
Permit for Mobile Home. If a mobile home is to be used instead of
a travel trailer or recreational vehicle, a building permit shall
also be required for the temporary mobile home pursuant to Chapter
15 of this code (Construction Requirements).
B. Use
During Construction of a Permanent Dwelling. The use of a temporary
dwelling on the same site as a permanent dwelling under construction
may be allowed subject to the following requirements:
1. Location.
The use of a temporary dwelling during the construction of a permanent
dwelling shall be allowed only in the residential-agricultural (RA),
farm (F), resort (RES), residential-forest (RF), or agricultural/exclusive
(AE) zone districts.
2. Building
Permit. A building permit for the permanent dwelling shall have been
issued before the approval of a temporary dwelling permit pursuant
to subsection (B)(1) and the placement of the temporary dwelling on
the site.
3. Security
for Removal. Before issuance of a building permit for a temporary
mobile home, the applicant shall deposit a letter of credit or cash
in the amount of $250. The deposit shall be refunded concurrently
with the removal of the mobile home, after completion of the permanent
dwelling. This deposit shall not be required for the use of a travel
trailer or recreational vehicle for temporary housing.
4. Time
Limit. A temporary dwelling shall be allowed for a maximum of two
years unless an extension is obtained. An extension beyond the second
year shall require approval of a minor use permit by the zoning administrator.
5. Status of Permit, Removal of Mobile Home Required. The building permit for the permanent dwelling shall be maintained in a current status. In the event that the permit expires, is suspended or revoked pursuant to Section
302 of the Uniform Building Code, or any other provision of the Uniform Building Code or the Placer County Code, a temporary mobile home shall be removed from the parcel within 30 days, and no travel trailer or recreational vehicle shall be occupied or connected to any utilities. Any building permit re-application cannot include a temporary dwelling.
6. Deed
Restrictions. The temporary dwelling shall not violate any valid existing
deed restrictions.
7. Water
and Sewer. The temporary dwelling shall be connected to water supply
and sewage disposal facilities approved by the building official.
In no event shall permanent connections to such facilities be provided.
C. Recreational Purposes. The use of a travel trailer or recreational vehicle as a temporary dwelling for recreational purposes is subject to Section
17.56.080(A) (Camping and Campgrounds, RV Parks -Incidental Camping).
D. Temporary Employee Housing. The use of a temporary mobile home or travel trailer for housing the employees of a lumbering or mining operation, or for highway or other temporary construction is subject to Section
17.56.090 (Caretaker and employee housing).
(Ord. 5126-B, 2001; Ord. 5373-B, 2005)
When allowed by Sections
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, the placement and occupancy of temporary dwellings for hardship situations or disaster relief shall be subject to the requirements of this section.
A. Hardship
Situations. The use of a temporary dwelling in hardship situations
is permitted in any zone district, subject to a minor use permit first
being obtained and as follows:
1. Criteria
for Approval. A temporary dwelling may be approved if the hearing
body determines that the temporary dwelling is needed to provide the
care for someone on the same site with one or more serious medical
problems that require 24 hour supervision and/or treatment.
2. Timing
of Removal. A temporary dwelling for a resident providing health care
and supervision shall be removed if the subjects of the hardship move
from the property.
B. Disaster
Relief. The use of a temporary dwelling for disaster relief is permitted
in any zone district as follows:
1. Criteria
for Approval. A temporary dwelling may be allowed by the planning
director in either of the following situations:
a. The temporary dwelling is needed to house the owners of the property
and their immediate family members subsequent to the accidental destruction
of a permanent dwelling on the same site, before a building permit
for a new dwelling can be obtained from the county and until the new
dwelling is completed for occupancy;
b. The temporary dwelling is needed for people who were evacuated from
and cannot return to their homes as a result of a disaster.
2. Timing
of Removal. Temporary dwellings for disaster relief purposes shall
be removed within a time limit established by the planning director
at the time of zoning clearance approval. The planning director is
authorized to extend the approved time limit for good cause upon the
request of the property owner.
(Ord. 5126-B, 2001)
When allowed by Section
17.06.030 et seq. (Allowable land uses and permit requirements) in the zone applicable to a site, an emergency shelter in a fixed location is subject to the requirements of this section.
A. Location.
Emergency shelter programs shall not be located within 300 feet of
any other emergency shelter, or other similar program, unless such
program is located within the same building or on the same lot. A
use permit shall be required for any emergency shelter proposed on
a parcel located within 500 feet from any elementary school, or secondary
school, or any zone where emergency shelters are not permitted.
B. Development
Standards. Comply with development standards for the zoning district
where proposed, and applicable design guidelines.
C. Business
Practices. The emergency shelter must comply with the following business
practices:
1. The
emergency shelter shall be in compliance with all building codes and
fire standards;
2. Adequate
security lighting for parking lots, common areas, and access areas;
3. A
minimum of two on-site staff and one on-call manager or supervisor
plus additional trained staff and volunteers for each shelter. On-site
or on-call management shall be provided during hours of operation;
and
4. A
Neighborhood Relations Plan shall be developed with the program operators.
The plan shall include a contact for questions and concerns, coordination
with the Sheriff's office, and other provisions for addressing potential
neighborhood concerns. Those provisions shall include hours of operation,
daily operations, intake and discharge hours, use of outdoor areas,
and client rules of conduct.
D. Parking.
Off-street parking shall be provided based upon a demonstrated need;
however, the parking standard shall not require more parking than
for other residential or commercial uses within the same zone. As
a guideline, an emergency shelter shall provide at a minimum one space
designated exclusively for the manager and one space for each employee
on the site. All parking is required to be off-street and on-site.
E. Security
during hours of operation. The emergency shelter provider shall submit
a security plan. The plan shall include features such as security
cameras, lighting, intake and discharge hours and procedures, and
other appropriate security measures.
F. Emergency
shelters are encouraged to be located no more than one-half mile from
an existing bus route, or provide transportation between the facility
and a transit corridor or bus line. Emergency shelters are also encouraged
to be in proximity to services including, but not limited to, case
management, job service programs, and grocery stores or provide transportation
between the facility and such services.
G. Emergency
shelters proposed within an Airport Influence Area shall be referred
to the Airport Land Use Commission for a determination of consistency
with the compatibility policies set forth in the Airport Land Use
Compatibility Plan.
(Ord. 5647-B § 9, 2011; Ord. 5858-B § 2, 2017)
Temporary uses involving the establishment of a land use normally
not allowed in the applicable zone district, temporary events, and
the use of temporary offices are subject to the provisions of this
section.
A. Temporary Uses. Any use except mobile homes may be authorized on a temporary basis in any zone. The use of mobile homes on a temporary basis are instead subject to Section
17.56.280 (Temporary dwellings).
1. Permit Requirement. Conditional use permit approval (Section
17.58.130).
2. Duration
of Temporary Use. The granting authority may authorize a temporary
use for a maximum of one year in the residential, commercial and industrial
zone districts, and for a maximum of two years in the agriculture,
resource and open space districts.
3. Extension
of Time. The granting authority may allow a single extension of the
original time limit not to exceed the length of time originally allowed.
B. Temporary Events. Temporary events involve the use of land or a building for an event of limited duration (see the definition of "Temporary uses and events" in Section
17.04.030). Where allowed by Sections
17.06.050 et seq. (Land use and permit tables), temporary events are subject to the following requirements:
1. Applicability.
a. Commercial Recreational Events. Temporary commercial recreational events such as circuses, carnivals, open air theaters, or other similar situations involving temporary large assemblages of people may be conducted in any district provided that a minor use permit is first secured for the establishment, maintenance and operation of such uses. [Note: Provisions for permanent outdoor commercial recreation uses, rural recreation uses and sports facilities and outdoor public assembly uses are found in Sections
17.06.030 et seq. (Allowable land uses and permit requirements) and in 17.04.030 (Definitions).]
b. Outdoor Festivals/Concerts, Etc. Outdoor festivals/concerts, arts
and crafts fairs and similar short-term events may be authorized in
any district provided that a minor use permit is first approved for
the event. However, six days of one-time events may be approved with
a temporary outdoor event permit in lieu of a minor use permit by
the planning director. Detailed event information shall be provided
including time, date, location, estimated number of participants,
security measures, including the control of alcohol consumption and
prevention of drug use, and sanitation. Such information shall be
provided by the planning department to the sheriff, the County health
director, chief building official, department of public works, California
highway patrol, the assistant emergency services director, and appropriate
state, federal, and local fire jurisdictions, prior to a decision
by the planning director. Conditions addressed in Section 17.56.300(B)(4)(a)
through (d) of this section, may be required of any such event. If
alcoholic beverages will be served the applicants shall provide a
copy of the required authorization from the California Department
of Alcoholic Beverage Control, to the planning department, prior to
the event. [Note: These events differ from those described in Section
17.56.300(B)(1)(a) in that they are of limited duration and do not
require the construction of any improvements.]
c. Temporary Events Not Subject to This Section. The following types of temporary events are not subject to the requirements of this section, and are also not subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations):
i. Approved Public Assembly Sites. A temporary event conducted in an
approved place of public assembly, such as a theater, convention center,
meeting hall, public school events on school property, sports facility,
or fairgrounds.
ii. Parades and Street Events. Parades and other temporary events within
a public road right-of-way, provided that all requirements of the
director of public works and the Placer County sheriff are met.
iii.
Public Events. Admission-free events, and events with admission
charges where the organization or individuals conducting the event
qualify for a free business license pursuant to Chapter 5 of the Placer
County Code (Business Licenses and Regulations), where the event is
conducted at a public park or on other publicly-owned land with the
permission of the landowner, and the event also satisfies the requirements
of subsections (B)(2) through (B)(5) of this section for other types
of temporary events.
iv. Private Parties. Private non-commercial events/ parties held at a
private residence.
2. Permit Requirement. As required by Sections
17.06.060 et seq. (Zone district regulations) for the applicable zone district, or by subsections (B)(1)(a) and (B)(1)(b) of this section.
3. Time
Limits. A temporary event shall be conducted for no more than nine
consecutive days, or four successive weekends per year, except where
a shorter time limit is established by the granting authority through
permit conditions of approval.
4. Site
Design and Development Standards. All temporary events are subject
to the following standards, except where alternate standards are established
by Placer County Chapter 5 (Business Licenses and Regulations), Placer
County Code or by the granting authority through permit conditions
of approval.
a. Access. Outdoor temporary events shall be provided at least two unobstructed
vehicle access points, each a minimum of 18 feet wide, from the event
site to a publicly maintained road. Additional access points shall
be provided as required by the public works director or County sheriff.
b. Parking. Off-street parking shall be provided as follows, with such
parking consisting at minimum, of an open area with a slope of 10%
or less, at a ratio of 400 square feet per car, on a lot free of combustible
material.
i. Seated Spectator Events. One parking space for each 12 square feet
of seating area.
ii. Exhibit Event. One parking space for each 75 square feet of exhibit
area.
c. Fire Protection. Facilities shall be provided as required by the
appropriate serving fire protection agency and/or the California Department
of Forestry and Fire Protection.
d. Water Supply and Sanitation. Facilities shall be provided as required
by the Placer County Environmental Health Division.
5. Guarantee of Site Restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee site restoration after use, and operation as required by this section. The guarantee shall cover both operation and restoration, and is subject to the provisions of Section
17.58.190 (Security for performance).
C. Temporary
Offices. The use of a mobile home, recreational vehicle or modular
unit as a temporary construction, business, or real estate office
is subject to the following requirements:
1. Permit Requirement. Minor use permit approval (Section
17.58.120);
2. Time
Limit. One year, unless a shorter time period is specified in a use
permit;
3. Note.
Temporary construction offices for development projects which are
under construction pursuant to improvement plans or grading plans
approved by Placer County are not required to obtain a minor use permit
(MUP), nor are such offices subject to a one-year time limit, so long
as the improvement/grading plans are valid and construction activities
are progressing in a satisfactory manner. Such temporary offices must
be removed from the site within 30 days after the improvements are
accepted as complete; otherwise, a MUP is required.
D. Hardship/Disaster
Situations. The use of a commercial coach, mobile home, recreational
vehicle or modular unit as a temporary construction, business, or
real estate office in hardship or disaster situations is subject to
the following requirements:
1. Permit
Requirement. Planning director approval.
2. Criteria
for Approval. A temporary office shall not be approved unless the
planning director first makes a determination that:
a. The temporary office is needed to house the owners/operators of a
business after the accidental destruction of an existing office on
the same site, before a building permit for new or reconstructed office
space can be obtained from the county.
b. The temporary office is needed for operators/employees who were evacuated
from and cannot return to their offices, as a result of a disaster.
3. Timing
of Removal. A temporary office authorized for disaster relief purposes
shall be removed within a time limit established by the planning director
at the time of approval. The planning director is authorized to extend
the approved period of time for good cause upon the request of the
property owner or business operator.
(Ord. 5126-B, 2001; Ord. 5473-B Exh. A, 2007; Ord. 6048-B § 39, 2020)
The provisions of this section apply to any development offering
for sale or lease more than 11 estate or use interests in a specific
structure or structures for commercial, transient residential or residential
purposes, including any and all internal ownership projects regulated
as "timeshare projects" by the state of California as well as other
developments which, in the opinion of the planning commission, may
be accurately reflected by this description.
A. Purpose.
In adopting these regulations, the board of supervisors finds that
timeshare projects, due to their potential social, economic and environmental
impacts, are recognized as developments deserving of special review
and approval procedures. The board further finds that the public health,
safety and general welfare will be best served by the implementation
of specific regulatory provisions guiding the location and development
of such projects.
B. Where Allowed. Timeshare projects may be approved pursuant to this section in any zone district where Sections
17.06.050 (Land use and permit tables) and 17.06.060 et seq. (Zone district regulations) allow multifamily dwellings, hotels and motels. Within the boundaries of the Squaw Valley General Plan, timeshare projects are allowable in the following zone districts, (see Section 102.12(i) of the Squaw Valley Land Use Ordinance, Chapter 17, Appendix A of this code):
AC
|
Alpine Commercial, Chapter 17, Appendix A, Section 228.10(a)
|
EC
|
Entrance Commercial, Chapter 17, Appendix A, Section 224.10(4)
|
VC
|
Village Commercial, Chapter 17, Appendix A, Section 220.10(q)
|
HDR
|
High Density Residential, Chapter 17, Appendix A, Section 246.10(d)
|
1. Timeshare
projects are permitted in various commercial and residential land
use districts within the boundaries of both the Tahoe City Area General
Plan (1994), the Tahoe City Community Plan (1994), and the North Tahoe
Community Plans (1996). Due to their geographic specificity, these
plans must be consulted in order to determine if timeshare projects
are permitted on a particular site in that area.
C. Permit Requirement. Conditional use permit approval (Section
17.58.130) is required for all timeshare projects pursuant to this section. Timeshare projects on the same site as land uses that do not require a conditional use permit shall still require conditional use permit approval insofar as such uses affect the timeshare project. If conditions of approval are applied to the adjacent land uses, such conditions shall be satisfied before completion of the timeshare project as well.
D. Mixed
Use Projects. A residential timeshare project may include commercial
uses normally allowed by the applicable zoning if authorized by the
conditional use permit after a determination by the granting authority
that such uses will not detrimentally affect occupants of the project.
E. Site
Design and Development Standards. Timeshare projects shall conform
to the following minimum standards. Within the boundaries of the Squaw
Valley general plan, the Tahoe City area general plan (1994), the
Tahoe City community plan (1994), or the North Tahoe community plans
(1996), standards as specified by the Squaw Valley Land Use Ordinance
(Chapter 17, Appendix A of this code) or those specified in the applicable
Tahoe City area general plan or community plan shall apply in the
event of any conflict with this section; otherwise the following standards
apply.
1. Density.
The maximum allowable residential density for a timeshare project
shall be as follows. See the Squaw Valley Land Use Ordinance (Chapter
17, Appendix A) for allowable densities in the Squaw Valley area.
Zone District
|
Maximum Allowable Density
|
---|
RM
|
1 unit/2,000 sq. ft. of site area, to a maximum of 20 units/acre
|
C1
|
1 unit/3,000 sq. ft. of site area, to a maximum of 15 units/acre
|
C2
|
1 unit/3,000 sq. ft. of site area, to a maximum of 15 units/acre
|
MT
|
1 unit/3,000 sq. ft. of site area, to a maximum of 15 units/acre
|
HS
|
1 unit/1,000 sq. ft. of site area, to a maximum of 40 units/acre
|
APT
|
1 unit/1,000 sq. ft. of site area, to a maximum of 40 units/acre
|
RES
|
1 unit/6,000 sq. ft. of site area, to a maximum of 7 units/acre
|
2. Setbacks,
Height Limits. The minimum setbacks and maximum height for structures
in timeshare projects shall be as established by the conditional use
permit; provided, that approvals by the granting authority shall not
conflict with applicable building code requirements.
3. Parking. Off-street parking for timeshare projects shall be designed and constructed as required by Sections
17.54.050 (Parking standards) and 17.54.070 (Design and improvement of parking). The number of spaces required shall be as follows, instead of as required by Section
17.54.060 (Parking space requirements by land use).
a. Residential and Transient Residential. One and one-half spaces per
unit, plus one additional space per bedroom for each unit with more
than two bedrooms, plus one space for each permanent employee working
on the project after completion and occupancy.
b. Commercial. One space for each 300 square feet of gross commercial
floor area. If commercial activities are conducted outdoors, one parking
space shall be provided for each 1,500 square feet of commercial use
area.
4. Access.
Timeshare projects shall have direct access to a county road or shall
provide such access to the project by way of a roadway developed as
required by the department of public works.
5. Recreational
Vehicle Storage. Motorhomes, boats, trailers, campers or other recreational/utility
vehicles not normally used for daily transportation shall not be permitted
to park on the site except in an approved parking and storage area.
If a recreational vehicle storage and parking area is to be provided,
development standards shall be as approved in the conditional use
permit. The following guidelines shall be used in determining the
size and adequacy of the storage area:
a. Motor Homes. Five hundred square feet per vehicle.
b. Boats and Boat Trailers. Four hundred square feet per vehicle.
c. Utility and Other Trailers. Two hundred square feet per vehicle.
d. Campers and Camping Trailers. Four hundred square feet per vehicle.
6. Open
Space and Landscaping. A minimum of 50% of the site shall remain in
open space and shall be landscaped according to a landscape plan approved
by the design/site review committee. No structures except for swimming
pools, saunas, Jacuzzi pools, cabanas or similar facilities may be
constructed within the area designated for open space use, and such
recreational facilities shall not occupy more than 50% of the open
space area. Parking areas and roadways may be located within the open
space area, but shall not be counted as part of the total area required.
Undisturbed natural areas may be kept as open space and need not be
formally landscaped or groomed in order to meet the requirements of
this subsection.
7. Maintenance
Program Required. A continuous landscaping and open space maintenance
program shall be guaranteed by the developer by proper security instrument
for a minimum of six years. The maintenance program shall insure the
proper installation and maintenance of new plants and the replacement
of plants that do not survive. The program shall also provide for
repairs to any part of the open space landscaped area which would
affect the survivability of plant materials.
8. Signs. Signs shall be allowed as follows, instead of as provided by Section
17.54.180 (On-premises signs). Timeshare project signs are still subject to the requirements of Sections
17.54.170 (Signs), 17.54.190 (Off-premises signs), and 17.54.200 (Nonconforming signs).
a. Sign Plan Required. A sign plan for the project shall be submitted
to and approved by the design review committee before any signs being
erected on the site.
b. Number, Area, Location. Commercial signs identifying or advertising
the project shall be limited to two on-site signs of no more than
50 square feet in aggregate area. Such signs shall be either integral
with a building and placed below the roofline, or affixed to the ground
in the front yard of the lot.
c. Ground Signs, Height and Location. A ground sign shall not exceed
12 feet in height and must be at least five feet from any property
line.
d. Informational and Directional Signs. Informational and directional
signs shall be approved as part of the required sign plan before being
erected on the site.
9. Additional
Improvements. Residential timeshare developments with units having
more than two bedrooms each may be required to provide additional
improvements to compensate for higher potential occupancy.
F. Fees.
In addition to the fees required by the most current planning department
fee schedule for environmental assessments, conditional use permit
applications, and/or other necessary permit applications, all special
purpose fees (such as park dedication fees, roadway impact mitigation
fees, etc.) shall apply to timeshare projects.
G. Assessment
and Taxation.
1. Single
Assessment. A single assessment shall be maintained on the project
by the assessor and shall be in accordance with appropriate provisions
of California State law (Reference Section 998 and SBE Rule 472 of
the
Revenue and Taxation Code). Multiple assessments will be maintained
on the project only if all applicable provisions of the Revenue and
Taxation Code (Reference Section 2188.8 and Section 2188.9 of the
Revenue and Taxation Code) are specifically met and a written request
is received by the assessor.
2. Single
Tax Bill. A single tax bill for each timeshare project shall be sent
to the timeshare project organization or to the owners' association
for the project, who shall have the responsibility for collecting
the taxes due from its members and transmitting such taxes to the
Placer County tax collector prior to the delinquency date for such
taxes. Failure to remit the entire tax amount due shall result in
penalties and liens against the property in accordance with state
law.
3. Documentation
of Ownerships. Before occupancy as a timeshare project, the timeshare
project developer shall provide to the Placer County assessor a diagrammatic
floor plan of the project improvements and a copy of documents setting
forth the procedure for scheduling time and units to each timeshare
owner. Within one year from the project approval date (and no later
than April 1st of the year following approval), the developer or the
owners' association shall provide to the Placer County assessor a
list of every timeshare owner, together with a notation thereon showing
when, according to the developer's or the owners' association records,
each timeshare estate or interest was acquired, the amount of consideration
involved in the acquisition (if known) and the mailing address of
each owner.
4. Owners'
Association. The timeshare project organization or the owners' association
shall file with the county assessor an annual statement for each succeeding
assessment year, on or before April 1st showing the status as of March
1st, setting forth any changes to the information required by subsection
(G)(3). The list and other information provided pursuant to this subsection
is not a public document and shall not be open to public inspection
except as required by state law.
5. Penalty
for Noncompliance. Failure by the timeshare project organization and/or
the owners' association to comply with the provisions of this subsection
will result in a penalty of not less than $100 or 10% of the taxes
applicable to the new base year value reflecting the changes in ownership
on the project, whichever is greater. If the timeshare project organization
and/or the owners' association persists in its failure to comply with
the requirements of this subsection, the project will be subject to
lien proceedings pursuant to state law.
6. Information
Requests. If a request is received by Placer County pursuant to Section
2188.8 or Section 2188.9 of the California
Revenue and Taxation Code,
a fee shall be established by the Board of Supervisors based upon
the costs associated with providing the requested information. Such
fee shall be paid by the requesting party before the information is
furnished.
H. Relationship
to Subdivision Regulations. This section does not supersede any provision
of the Subdivision Map Act or of the Placer County subdivision ordinance
(Chapter 16 of this code). It is intended that this section will work
in conjunction with requirements of those regulations, as well as
other codes that may be applicable, to produce a high quality timeshare
project.
(Ord. 5126-B, 2001)
The noncommercial storage repair, maintenance or restoration of automobiles, pickup trucks and boats may be allowed on the same site as a single-family dwelling only as an accessory and incidental use, subject to the provisions of this section. Other residential accessory uses are subject to Section
17.56.180 (Residential accessory uses). The outdoor storage of vehicles and related materials in a manner that does not comply with this section shall constitute a junk yard, which shall only be allowed as provided by Section
17.56.170 (Recycling facilities), in zones where "Recycling, scrap and wrecking yards" are permitted by Sections 5.030 et seq. (Allowable land uses and permit requirements).
A. Commercial
Repair Prohibited. The storage repair, maintenance or restoration
of vehicles in residential areas shall involve only vehicles that
are registered to the property owner, lessee or tenant of the site,
as shown on the current vehicle registration or department of motor
vehicles certificate of ownership. No repair, maintenance or restoration
shall be performed on other vehicles, or on any vehicles for compensation
or otherwise as a business.
B. Number of Vehicles Allowed. The number of vehicles that may be kept on the site of a single-family dwelling for storage, repair, restoration or maintenance purposes shall be limited based on the size of the lot, as shown in the table below; however, no vehicles may be kept in excess of three total unless such vehicles are classified as historic or special interest vehicles as defined by Section
17.04.030 (Definitions).
Minimum Lot Area
|
Number of Vehicles Allowed
|
---|
<20,000 sq. ft.
|
3
|
20,000 sq. ft. to 5 acres
|
5
|
>5 acres
|
10
|
C. Screening
Required. When more than three vehicles are kept for storage, repair,
maintenance or restoration, such vehicles shall be screened from the
view of public roads or adjoining lots by a structure or plant material
that is not less than five feet in height and is visually opaque.
Acceptable screening materials include solid board fencing, masonry
walls, and/or vegetation, provided that vegetation may be used only
if it is evergreen and provides complete screening from view. No portion
of any vehicle kept for storage, repair, maintenance or restoration
shall be visible above the screen.
D. Limitation
on Outdoor Repair. No more than two vehicles may be actively repaired
outdoors at any one time. All other repairs shall occur within a garage
or other fully enclosed area.
(Ord. 5126-B, 2001)
A. Purpose.
The purpose of this section is to provide for the orderly development
of wineries and farm breweries within agricultural zoning districts
and certain commercial, industrial and residential zoning districts,
and to encourage the economic development of the local agricultural
industry, provide for the sampling and sales of value-added products,
and protect the agricultural character and long-term viability of
agricultural lands.
B. Definitions.
"Accessory use—restaurant"
is food preparation and service that is related and clearly
subordinate to the existing primary use on a property as a winery
or farm brewery.
"Agricultural promotional event"
is directly related to the education and marketing of wine
and craft beer to consumers, including, but not limited to, winemaker/brewmaster
dinners, pick-up parties, release parties, and any parties, professional
events or gatherings that support the promotion of the agricultural
product. An agricultural promotional event accommodates 50 people
or less at one time (excluding staff and tasting room patrons). If
greater than 50 people are in attendance at one time, those events
shall be regulated in the same manner as a special event. See Table
3.
"Farm brewery"
means a facility for the manufacturing and packaging of beer
that produces less than 1,500 barrels of product per year and grows
hops on site and agricultural products necessary for making the beverage.
A farm brewery is bonded through the Alcohol and Tobacco Tax and Trade
Bureau and has a current California Alcohol Beverage Control (ABC)
Type 23-Small Beer Manufacturer license.
"Large winery"
refers to a winery with annual production of 20,000 cases
or greater.
"Small winery"
refers to a winery with annual production less than 20,000
cases.
"Special event"
is an event of greater than 50 people at one time (excluding
staff and tasting room patrons) where the agricultural-related component
is subordinate to the primary purpose of the event. Included in this
definition are events such as private parties, fundraisers, concerts,
social or educational gatherings where outside alcohol may be allowed,
and events where the property owner is compensated in exchange for
the use of the site and facility (referred to as a facility rental).
Special events do not include industry-wide events, the normal patronage
of a tasting room, and private gatherings of the owner where the general
public does not attend.
"Stand-alone tasting room"
is a tasting room without on-site production, allowed only in commercial and industrial zone districts. See subsection
C of this section.
"Tasting room"
is accessory to a winery or farm brewery, typically located
on the premises of a winery or farm brewery's production facilities,
at which guests may sample the winery or brewery's products. A tasting
room is only allowed in residential, agriculture and resource zone
districts if production takes place on site (See also "stand-alone
tasting room"), or at another winery or farm brewery facility with
the same ownership within Placer County, and as allowed by state law.
"Temporary outdoor events"
are events that are of limited duration and located primarily
outdoors. If any buildings are used for the event, such use shall
not exceed the occupancy load. Events can be authorized on any given
site through the temporary outdoor event permit process as described
in Section 17.56.300(B)(1)(b). Any such authorization would be in
addition to the events authorized by this section.
"Wine case"
contains 12 standard wine bottles (750 milliliters each).
"Winery"
means an agricultural processing facility comprising the
building or buildings used to convert fruit juices to wine, and to
age, bottle, store, distribute and sell said wine. A winery, for the
purposes of this section, includes crushing, fermenting and refermenting,
bottling, blending, bulk and bottle storage, aging, shipping, receiving,
laboratory equipment and maintenance facilities, sales, and administrative
office functions. A winery is bonded through the Alcohol, Tobacco
Tax and Trade Bureau and has a current ABC Type 02-Winegrowers license.
C. Permit
Requirements for Wineries and Farm Breweries. The permit requirements
for these facilities and accessory uses are set forth below. If a
proposal includes more than one of the elements listed below, the
highest applicable permit process shall apply.
D. Winery
and Farm Brewery Uses. The primary purpose of the winery or farm brewery
shall be to process wine grapes and hops. All accessory uses shall
be clearly related and subordinate to the primary operation of a bonded
winery or small beer manufacturing facility. The following provisions
apply to all wineries and farm breweries, accessory structures, and
accessory uses.
1. Minimum
Agricultural Requirement. In the residential, resource and agricultural
zone districts where wineries and farm breweries are allowed, at least
two acres on site of planted vineyard, hopyard, or other agriculture
related to beverage production is required. Planting densities should
be consistent with what is found in the Sierra Nevada foothills and
shall be properly maintained as a requirement of the facility's continued
operation, as determined by the Placer County agricultural commissioner.
A determination by the agricultural commissioner may be appealed to
the agricultural commission, whose decision shall be final. This section
shall not apply to wineries and farm breweries approved prior to June
23, 2020.
2. Production
Facilities—Minimum Parcel Size. Minimum parcel sizes for the
production of wine and beer are set forth in Table 1 above (see footnotes).Minimum
agricultural requirements must still be met. No on-site tasting or
public access shall be allowed either directly or by appointment unless
permitted as a tasting room.
3. Tasting
Room.
a. Wine and Beer Sales. The tasting room is primarily for the marketing and sale of the agricultural products produced at the facility. Wine products shall be limited to those produced, vinted, cellared or bottled by the operator in accordance with state law. Wine products sold at the facility may also be grown on the premises and custom crushed at another facility for the operator. Beer sales shall be limited to those manufactured and packaged in accordance with state law. Incidental sales of wine-and beer-related merchandise and food shall be allowed subject to the requirements of California state law. Accessory use—restaurants may serve wine and/or beer produced by other wineries and/or farm breweries located in Placer County subject to compliance with state law and the permit requirements outlined in subsection
C.
b. Minimum Parcel Size. The minimum parcel size for establishment of a tasting facility in the farm, forest, agricultural exclusive, residential agricultural, and residential forest zone districts are set forth in Table 2 below. Note: large winery production has a 10 acre minimum per subsection
C, Table 1.
Table 2
|
---|
PERMIT REQUIREMENTS FOR WINE AND BEER TASTING FACILITIES IN
RESIDENTIAL AND AGRICULTURAL RESOURCE ZONE DISTRICTS[1][2]
|
---|
Parcel Size (Acres)
|
Residential
|
Agriculture and Resource
|
---|
RA
|
RF
|
AE
|
F
|
FOR
|
---|
4.6 to less than 10
|
MUP
|
MUP
|
ARP
|
ARP
|
ARP
|
10+
|
MUP
|
MUP
|
C
|
C
|
C
|
Notes:
|
---|
[1]
|
An administrative review permit may be waived if a minimum of
10 contiguous acres is under the same ownership and deed restricted
to preclude their separate sale, and if the structures related to
the use meet the standards for the base zone district.
|
[2]
|
Parcels within 0.50 acre of a size referenced in this table
that do not result in either a new significant environmental impact
or a substantial increase in the severity of an impact if categorized
as a larger size shall be subject to a planning director determination
of the appropriate parcel size designation based upon: (a) the actual
size of the parcel, (b) the zoning designation for the property, and/or
(c) applicable land conveyance documents.
|
KEY TO PERMIT REQUIREMENTS
|
---|
Zoning Clearance required (Section 17.06.050)
|
C
|
Administrative Review Permit
|
ARP
|
Minor Use Permit required (Section 17.06.050)
|
MUP
|
4. Agricultural
Promotional and Special Events. Agricultural promotional events and
special events shall only be allowed on site as an accessory use to
a tasting room at a production facility where grapes, hops, or agricultural
products necessary for making the beverage are grown on site.
a. Agricultural Promotional Events. Tasting rooms may include agricultural promotional events sponsored by a winery or farm brewery that are intended for the promotion and sale of the facility's product, as defined in subsection
B above. Agricultural promotional events are not limited in number. For large wineries located on 40 acres or greater, additional attendees may be permitted subject to a conditional use permit.
b. Special Events. Special events, as defined in subsection
B above, are allowed subject to the following table.
Table 3
|
---|
MAXIMUM SPECIAL EVENTS ALLOWED PER YEAR[1][3][4]
|
---|
Parcel Size (Acres)
|
Max Attendees at One Time (excluding staff)
|
Max Special Events/Year
|
Use Permit Requirement
|
---|
4.6 to less than 10 (small)
|
As determined by use permit
|
6
|
ARP or MUP[2]
|
10 to less than 20 (medium)
|
100
|
6
|
C
|
20+ (large)
|
200
|
12
|
C
|
Notes:
|
---|
[1]
|
Agricultural promotional events with attendance greater than
50 at one time are limited per this Table.
|
[2]
|
An administrative review permit or minor use permit is required for a winery or farm brewery for parcels 4.6 to 9.9 acres in size in zone districts where allowed by the land use and permit tables (Section 17.06.050) and Table 2: Permit requirements for wine and beer tasting facilities in residential and agricultural resource zone districts. This use permit will consider conditions for events as limited by this table.
|
[3]
|
For large wineries on 40 acres or greater, additional attendees
and number of special events may be permitted by conditional use permit.
|
[4]
|
Parcels within 0.50 acre of a size referenced in this table
that do not result in either a new significant environmental impact
or a substantial increase in the severity of an impact if categorized
as a larger size shall be subject to a planning director determination
of the appropriate parcel size designation based upon: (a) the actual
size of the parcel, (b) the zoning designation for the property, and/or
(c) applicable land conveyance documents
|
c. Temporary Outdoor Event. Special events, industry-wide events, or other functions where the number of attendees will exceed the allowances in Table 3 above may be allowed as required by Section
17.56.300(B) (temporary uses and events).
E. Development
and Operational Standards. The following development and operational
standards shall apply to all wineries and farm breweries, and expansions
of existing lawfully operating facilities. If a winery or farm brewery
is required to have a use permit by this section, the standards will
be applied in accordance with the conditions placed on those entitlements.
These standards will be applied with flexibility to encourage activities
for the protection and preservation of agriculture.
1. Parking.
The following parking standards shall apply:
Table 4
|
---|
MINIMUM PARKING REQUIREMENTS
|
---|
Use Type
|
Parking Required
|
---|
Areas for use by or for patrons, including tasting rooms, reception
areas, and outdoor seating
|
One space per 300 sq. ft.
|
Offices or administration areas
|
One space per 300 sq. ft.
|
Production, storage or warehousing areas
|
One space per 1,500 sq. ft.
|
Event parking[1]
|
One space per 2.5 persons
|
Note:
|
---|
[1]
|
Event size is limited to the number of available on-site parking
spaces as required by the parking standards below.
|
a. A site plan shall show permanent parking locations for the use types
described in Table 4 above.
b. On-site parking space sizes and drive aisles shall be designed in accordance with Section
17.54.070 (design and improvement of parking).
c. On-site parking may be an aggregate base all weather surface. The
circulation aisles shall be capable of supporting vehicle loading
as approved by the serving fire district.
d. Parking shall not be proposed on existing agriculturally productive
land.
e. Temporary overflow parking may be utilized in conjunction with special
events, as described in subsection (D)(4) above, and temporary outdoor
events as described in Section 17.56.300(B)(1)(b). Temporary overflow
parking shall be accommodated on-site and shall meet fire district
requirements, and shall only take place in designated areas in accordance
with a site plan approved by the county.
2. Access
Standards.
a. County Maintained Roads. A paved commercial standard encroachment
shall be required to address Placer County land development manual
ingress, egress, and sight-distance engineering design standards and
serving fire district requirements.
b. Non-County Maintained (Private) Roads.
i. An encroachment permit shall be required to address Placer County
land development manual ingress, egress, and sight-distance engineering
design standards and serving fire district requirements where the
non-county maintained (private) road connects to a county maintained
road, and if the applicable standards are not already met.
ii. If a winery or farm brewery is accessed by a private road, the applicant
shall provide proof of access rights in the form of a recorded easement
or other applicable legal document or as determined by the county
and an affirmative written statement of the legal right to access
and use said road for the purposes of the requested facility. The
owner shall include with said statement the proposal for road maintenance
or provide evidence of an existing road maintenance agreement. The
owner shall be required to defend and indemnify the county for any
claims resulting from said road access.
c. Access roads to a winery or farm brewery shall comply with county
code, state and local fire safe standards, as determined by the county
and the serving fire district. Unless otherwise determined by serving
fire district, driveway shall have a minimum access width of 20 feet
to the facility structure, provide adequate turnaround, and be either
paved or surfaced with an approved alternative all-weather material.
d. A design exception request prepared by a professional civil engineer
registered in the state of California may be submitted and reviewed
by both Placer County's engineering and surveying division and its
department of public works on a case-by-case basis for modification
to the county standards, dependent upon justification for a deviation
to the standard(s), a review of alternatives, consideration of physical
constraints, and meeting minimum safety requirements.
3. Hours
of Operation. All facilities shall be allowed to conduct normal tasting
hours from 10:00 a.m. to 6:00 p.m. Events shall be allowed from 10:00
a.m. to 10:00 p.m. on Friday and Saturday and from 10:00 a.m. to 8:00
p.m. Sunday through Thursday, or as specified by use permit. If a
winery or farm brewery has an existing permit and is lawfully operating,
limits on hours of operation will be in accordance with the conditions
placed on those entitlements.
4. Noise
Regulations.
a. All winery and farm brewery facilities shall be subject to Placer
County Code Article 9.36 (Noise), unless a more restrictive standard
is specified in a community plan.
b. Prior to hosting events with amplified speech or music and weddings
the owner/operator shall submit a site plan to the community development
resource agency. The site plan shall identify the proposed outdoor
location of the event and the distance to the nearest residential
receptor property line. If the distance between the proposed sound
source and nearest sensitive receptor property line is greater than
shown in Table 5 below, then additional acoustical analysis shall
not be required. If the distance between the proposed sound source
location and nearest sensitive receptor property line is less than
shown in Table 5 below, a site-specific noise analysis shall be required
to evaluate compliance with the Placer County Code Article 9.36 (Noise).
Table 5
|
---|
DISTANCES REQUIRED TO ATTENUATE NOISE[1]
|
---|
Event/Activity
|
Setback Required (feet)
|
---|
Auburn/Bowman Community Plan
|
Other Community Plan Areas
|
---|
Amplified music/speech at event on 20+ acres
|
1,225
|
750
|
Amplified music/speech at event on 10 to less than 20
|
925
|
550
|
Amplified speech
|
450
|
275
|
Note:
|
---|
[1]
|
Parcels within 0.50 acre of a size referenced in this table
that do not result in either a new significant environmental impact
or a substantial increase in the severity of an impact if categorized
as a larger size shall be subject to a planning director determination
of the appropriate parcel size designation based upon: (a) the actual
size of the parcel, (b) the zoning designation for the property, and/or
(c) applicable land conveyance documents.
|
5. Lighting.
All lighting for wineries and farm breweries shall be consistent with
the rural design guidelines for Placer County and shall be dark-sky
compliant as specified by the International Dark-Sky Association.
6. Food
Regulations. Service and/or preparation of food in an existing or
new tasting room shall be subject to prior approval and applicable
permitting by environmental health. If food is prepared on-site, wineries
shall have a commercial kitchen. The kitchen shall comply with all
conditions for a commercial kitchen as specified by the Placer County
health department, division of environmental health. If a winery or
farm brewery is required to have a minor use permit or conditional
use permit by this ordinance or has an existing permit and is lawfully
operating, food regulations will be in accordance with those entitlements.
Depending on site conditions and resources, options for food
service may include a self-contained mobile food facility (food truck),
food prepared by a caterer at their approved facility and then plated
at facility, a food booth operated by the facility at a temporary
outdoor event, a market to sell pre-packaged foods from approved sources,
and food preparation and service as defined under an accessory use—restaurant.
8. Waste
Disposal.
a. Septic Systems. If a winery or farm brewery has buildings with plumbing,
the buildings must be served by an individual septic system sized
and designed for the intended use. Occupancy and use of the building
determines the size of the septic system. Food preparation and dishwashing
may increase the septic system size and require a grease interceptor.
b. Solid Waste. All solid waste shall be stored in a manner that prevents
the propagation, harborage, or attraction of flies, rodents, vector,
or other nuisance conditions. Pomace, culls, lees, and stems may be
recycled on-site in accordance with a report of waste discharge approved
for each individual winery by the regional water quality control board.
c. Winery/farm brewery wastewater is prohibited from being discharged
to the septic system. A waste discharge permit or a waiver of waste
discharge issued by the regional water quality control board is required
prior to building permit issuance.
d. On-Site Sewage Disposal. If a public sanitary sewer is not available,
then the on-site sewage disposal system shall be designed in compliance
with Placer County Code Article 8.24 (County Wastewater Regulations)
and sized to accommodate employee, tasting room and commercial sewage
flows. Portable toilets may be approved by the division of environmental
health for temporary events.
9. Height Limit Exceptions for Large Wineries of Over Forty Acres. Notwithstanding the site development standards for the applicable zone or Section
17.54.020 (Height limits and exceptions), a structure, tasting room, or accessory use-restaurant for a large winery on a parcel over 40 acres with at least 10 acres of planted vineyard, hopyard or other agriculture related to beverage production under this section may exceed the prescribed height limit for the applicable zone if the additional height is authorized through a conditional use permit process that includes an analysis of visual impacts including photo simulations and consideration for increased setbacks. The 40 acre parcel requirement is met if there are a minimum of 40 contiguous acres under the same ownership and deed restricted to preclude their separate sale.
F. Continuing Applicability of Permits and Existing Legal Operations. To the extent a minor use permit or administrative review permit was approved for uses on a parcel or parcels as required under the provisions of this zoning ordinance in effect as of June 23, 2020, the conditions of the use permit shall continue to apply in full force and effect. Any proposed new or additional use for a use lawfully established pursuant to Section 17.02.030(C) shall be subject to compliance with the provisions of this zoning ordinance in accordance with Section
17.02.030 and all other applicable provisions of the Placer County Code.
G. Special Notice Requirements. For all applications for a winery or farm brewery activity that is requested for property which is accessed by a private road and which requires the issuance of a use permit pursuant to this section, in addition to any other notice required by Section
17.58.100(A), notice shall be provided to all property owners identified pursuant to Section
17.58.030(F). Failure of a property owner who shares access rights with an applicant to a private road to receive notice shall not invalidate the issuance of the permit.
H. Notice of Decision. A copy of any decision on an application for a winery or farm brewery activity that is requested for property which is accessed by a private road and which involves the issuance of a use permit pursuant to this section shall be provided to all property owners identified pursuant to Section
17.58.030(F), in addition to any other person who may otherwise be entitled to notice of the decision. Failure of a property owner who shares access rights with an applicant to a private road to receive a copy of the decision shall not invalidate the issuance of the permit.
I. Waiver of Appeal Fee. Notwithstanding subsection (C)(1) of Section
17.60.110, the requirement of the submission of an appeal fee shall be waived for a property owner who appeals the determination of the zoning administrator to approve a use permit and who owns property that shares access rights to a private road with the applicant who has received a permit. This waiver shall not apply to any appeal of a decision of the planning commission to the board of supervisors.
(Ord. 5526-B § 19, 2008; Ord. 5688-B § 9, 2012; Ord. 6030-B § 1, 2020; Ord. 6202-B § 1, 2023)
A. Purpose. The purpose of this section is to provide for the orderly development within Placer County of a community center, commercial event center or agricultural event center, as these terms are defined in Section
17.04.030. Additionally this section is intended to protect the agricultural character and long-term agricultural production of agricultural lands which may have an on-site agricultural event center.
C. Permit
Requirements. The permit requirements for community center, commercial
event center and agricultural event center are set forth below.
D. Development
and Operational Standards. The following development and operational
standards shall apply to community center, commercial event center,
small agricultural event center, intermediate agricultural event center,
and large agricultural event center as specified. If specific regulations
are not set forth herein then Placer County Code, the Placer County
General Plan and any applicable community plan shall apply. The event
center standards do not apply to any parcels within the Squaw Valley
General Plan or the Tahoe Basin as defined by the Tahoe Regional Planning
Agency.
1. Parking.
A community center, commercial event center and agricultural event
center shall provide parking at a ratio of one parking space for each
two and one-half guests allowed on-site and one parking space for
each permanent employee. No off-site parking is permitted unless approved
by a conditional use permit or through a zoning clearance process.
Surfacing shall be all-weather surfacing (e.g., aggregate base, chip
seal, asphalt, concrete) and capable of supporting a 40,000 pound
vehicle load.
2. Access
Standards.
a. Access roads to a community center, commercial event center or agricultural
event centers shall comply with county code, state and local fire
safe standards as determined by the county and the serving fire agency.
b. If a community center, commercial event center or agricultural event
center is accessed from a county-maintained highway, an encroachment
permit may be required to address ingress, egress and sight-distance
requirements.
c. If an agricultural event center is accessed by a private road, the
applicant shall provide an affirmative written statement of the legal
right to access and use said road for the purposes requested in the
application and as may be conditioned. Said statement shall be supported
by written approval of two-thirds of the property owners served by
the private road. Both shall be included with the initial application
submittal. Applicant shall include with said statement the proposal
for road maintenance or provide evidence of an existing road maintenance
agreement. Applicant shall be required to indemnify the county for
any claims resulting from said road access, which requirement shall
be included as a condition of approval of the permit. In addition,
an encroachment permit may be required to address ingress, egress
and sight-distance requirements for the private road connection to
a county-maintained highway.
3. Minimum
Parcel Size.
a. A small agricultural event center shall have a minimum parcel size
of 10 acres.
b. An intermediate agricultural event center shall have a minimum parcel
size of 20 acres.
c. A large agricultural event center shall have a minimum parcel size
of 40 acres.
4. Setbacks.
All types of agricultural event centers shall be required to have
all outdoor activities associated with the agricultural event center
(with the exception of parking) a minimum of 200 feet from the exterior
property lines or as specified by the conditional use permit.
5. Event
Size.
a. Community center: as specified by the conditional use permit.
b. Commercial event center: as specified by the conditional use permit.
c. Small agricultural event center: shall be allowed a maximum event
size of 100 guests or as specified by the conditional use permit.
d. Intermediate agricultural event center: shall be allowed a maximum
event size of 200 guests or as specified by the conditional use permit.
e. Large agricultural event center: shall be allowed a maximum event
size of 400 guests or as specified by the conditional use permit.
6. Number
of Events.
a. Community center: as specified by the conditional use permit.
b. Commercial event center: as specified by the conditional use permit.
c. All types of agricultural event centers may be allowed 26 events
per year, or as specified by the conditional use permit.
7. Agricultural
Requirement.
a. All types of agricultural event centers shall be required to have
an on-going, on-site agricultural production for the length of the
term of the conditional use permit, and shall be required to demonstrate
a minimum of $1,000 gross revenue per acre per year from said agricultural
production, or as specified by the conditional use permit. No agricultural
event center is required to have more than $40,000 gross revenue agricultural
production per year. The verification of agricultural production for
agricultural event centers shall be made by the Placer County agricultural
commissioner or designee.
b. An agricultural event center and its associated areas such as parking,
decks and patios shall not occur within current agricultural production
areas on a parcel designated as prime farmland, farmland of statewide
importance, farmland of local importance, or unique farmland by the
California Department of Conservation unless otherwise specified in
the conditional use permit.
8. Hours
of Operation.
a. Community center: as specified by the conditional use permit.
b. Commercial event center: as specified by the conditional use permit.
c. All types of agricultural event centers shall be allowed to operate
from 10:00 a.m. to 10:00 p.m. on Friday and Saturday and from 10:00
a.m. to 8:00 p.m. Sunday through Thursday.
9. Noise
Regulations. All types of agricultural event centers shall be subject
to Placer County Code Article 9.36 (Noise Ordinance) and shall be
required to stop all noise generating activities, such as music, at
7:30 p.m. or move such activities into an enclosed structure which
will reduce the noise level to 20 decibels or less at the event center's
exterior property lines.
10. Lighting. All lighting for agricultural event centers shall be consistent
with the Rural Design Guidelines for Placer County and shall be Dark-Sky
compliant as specified by the International Dark-Sky Association.
11. Food Regulations.
a. Community center: as specified by the conditional use permit.
b. Commercial event center: as specified by the conditional use permit.
c. Agricultural event center: as specified by the conditional use permit and if a commercial kitchen is approved with the event center it shall only be used in conjunction with on-site events. Restaurants are not allowed as part of an agricultural event center, unless otherwise permitted as an accessory use—restaurant through Section
17.56.330 as a winery or farm brewery.
12. Special Notice Requirements. All types of agricultural event centers
shall be required to post a permanent identification sign no smaller
than four feet by four feet in a location commonly accessible to adjoining
property owners (e.g., clustered mailboxes or at the entrance to the
property where that agricultural event center is located). The agricultural
event center owner is required to post a notice on said sign three
days prior to an event with an eight-inch by 11 inch poster stating
the time and date of an event. The permanent sign shall have a contact
phone number that people can call during the event if an issue arises
and the phone line shall be manned at all times by a live person during
the event. Additionally, it shall have the phone number of the Placer
County sheriff's office and the Placer County code enforcement division.
(Ord. 5746-B § 16, 2014; Ord. 6030-B § 1, 2020)
A. On
all residentially zoned parcels in Placer County including the agricultural
exclusive and farm zone districts, ground-mounted solar electric generating
systems shall be allowed to be placed at a reduced side or rear setback,
provided that the proposed system meets all of the following criteria:
1. The
system is installed for the purpose of generating electricity to service
structures or other legally established uses located on the same site
as the solar electric generating system only, and is placed in compliance
with Section 17.56.020(A)(1) (Timing of construction).
2. The
system is installed following approval of a building permit.
3. The
system is located outside of any easements or rights-of-way and maintains
minimum required setbacks to all water wells, septic tanks, and sewage
disposal areas as required by the environmental health division of
health and human services.
4. The system maintains all required water-course setbacks as specified in Section
17.54.140(D) (Watercourse setbacks).
5. The
system shall be located outside any wet- lands protection area or
other special protection area shown on a final map or parcel map.
6. The
system is located outside of any required emergency vehicle access
(EVA) or fire lane, and all defensible space fuel modifications are
made around the system in compliance with Section 1276.02 of the California
Board of Forestry Fire Safe Regulations.
7. The
ground area occupied by the solar electric generating system shall
not be counted towards the permissible site coverage for any parcel,
except for parcels located within the Lake Tahoe Basin where the Tahoe
Regional Planning Agency may enforce maximum site coverage requirements
applicable to solar electric generating systems.
8. Where
a solar electric generating system would be placed on top of any other
structure, as defined by the Placer County zoning ordinance, and the
structure is required to meet a greater setback than as specified
herein, the more restrictive shall apply.
B. All
solar electric generating systems shall meet the following setback
requirements, as determined by the overall height of the tallest part
of the system as measured from average finished grade, including the
highest point to which the system may extend or move if placed on
motorized tracks or any other system allowing for its routine adjustment,
or as allowed by the base zone district or a combining zone district
if such zone district allows for a lesser structural setback than
the following:
1. Systems
which are six feet tall or less: seven and one-half feet except that
no part of a system that is installed with motors to enable any photovoltaic
panel(s) or other parts of the system to move horizontally or vertically
shall result in encroachment into this setback nor exceed a maximum
overall height above six feet from average natural grade in any position.
2. Systems
which are eight feet tall or less: Ten feet except that no part of
a system that is installed with motors to enable any photovoltaic
panel(s) or other parts of the system to move horizontally or vertically
shall result in encroachment into this setback nor exceed a maximum
overall height above eight feet from average natural grade in any
position.
3. Systems
which are 10 feet tall or less: 15 feet except that no part of a system
that is installed with motors to enable any photovoltaic panel(s)
or other parts of the system to move horizontally or vertically shall
result in encroachment into this setback nor exceed a maximum overall
height above 10 feet from average natural grade in any position.
4. Systems
which are more than 10 feet tall and less than 15 feet tall: 15 feet
except that no part of a system that is installed with motors to enable
any photovoltaic panel(s) or other parts of the system to move horizontally
or vertically to track the path of the sun shall result in encroachment
into this setback nor exceed a maximum overall height above 15 feet
from average natural grade in any position unless the system otherwise
meets all setbacks required by the base zone district and any combining
zone district and is not taller than the maximum overall height restriction
for the zone district or actual parcel size, whichever is more restrictive.
Note: Site specific conditions such as topography, solar aspect,
solar access, vegetation, trees and other tall objects, and proximity
to buildings or building envelopes whether on-site or on an adjacent
site require careful consideration when determining where and how
to place a residential solar electric generating system. The above
setback standards are intended to provide greater flexibility in the
availability of potential system locations. However, Placer County
makes no specific recommendation that any system be placed at the
setbacks detailed above. Placer County recommends that any determination
of the most appropriate site location for any residential solar electric
generating system be determined by a licensed solar contractor following
consideration of all site specific considerations that may affect
system operation, efficiency, and safety.
(Ord. 5942-B § 2, 2019)
When allowed, by Section
17.06.030 et seq. (Allowable land uses and permit requirements), in the zone applicable to a site, moveable tiny houses are subject to the requirements of this section.
A. Addressing.
A moveable tiny house shall obtain a separate address with an electrical
permit.
B. General Standards. Moveable tiny houses that function as a primary residential dwelling are subject to the standards of the base zone. Moveable tiny houses that function as accessory dwelling units are also subject to Section
17.56.200 (Accessory and junior accessory dwelling units). All accessory storage shall comply with Section
17.56.250 (Storage, accessory-indoor and outdoor).
C. General Requirements. A moveable tiny house is subject to the permit requirements established by Sections
17.06.050 (Land use and permit tables), 17.06.060 et seq., (Zone district regulations), and the base zone district.
1. Zoning
Clearance. A moveable tiny house shall be required to undergo zoning
clearance to demonstrate compliance with all standards described below,
and is subject to all applicable fees and charges, unless exempted
by county code.
2. A
moveable tiny house shall be:
a. Licensed and registered with the California Department of Motor Vehicles
or California Department of Housing and Community Development; and
b. Exempt from parking regulations.
3. A
moveable tiny house shall not:
a. Be larger than allowed by California state law for movement on public
highways;
c. Be able to move under its own power.
4. A
moveable tiny house shall be located at a fire separation distance
of at least four feet from an adjacent lot line and at least 10 feet
from any other structures on the premises.
5. When sited on a parcel, the undercarriage, including wheels, axles, tongue, and hitch, shall be concealed from view. The wheels shall be skirted or removed and shall sit with leveling or support jacks on a paving surface designed in accordance with Section
17.54.070(C) (Design and improvement of parking).
6. Appearance.
To maintain the character of residential areas, a moveable tiny house
shall be designed to look like a conventional residential structure
rather than a recreational vehicle, as depicted in the graphic below.
This shall be done by incorporating design features and materials
typically used for houses, such as typical siding or roofing materials,
pitched roofs, eaves, residential windows, etc.
7. Living
Area Extensions. The roof and all exterior walls shall not be fixed
with slide-outs, tip-outs, or other forms of mechanically articulating
room area extensions.
8. Egress.
A moveable tiny house shall have a minimum of two means of egress,
one of which shall be the main entrance and one of which shall be
in each sleeping area(s). Entrance and egress stairs, pathways, and
windows shall be constructed in accordance with state standards.
9. Foundation
and Structural Components.
a. If a moveable tiny house is retrofitted for placement on a permanent
foundation, it must meet building and fire safe standards.
b. A moveable tiny house shall be tied down with anchors or otherwise
stabilized as designed by the manufacturer; or
c. Wheels shall be skirted or removed when parked. Skirting may be made
from materials such as lattice, fencing, planter boxes, etc.
d. Structures such as porches, decks, sheds, and gazebos shall be designed
to detach from the moveable tiny house. Uncovered porches or decks
less than 30 inches in height and less than 200 square feet do not
require building permits. Permanent roofed structures over 120 square
feet do require building permits.
10. Utilities/Equipment.
a. Water and Sewer. A moveable tiny house shall be connected to water
supply and sewage disposal facilities approved by the county's environmental
health department and building services division.
b. Energy. A building permit shall be obtained for installation of a
subpanel appropriately sized for the moveable tiny house's amperage,
electrical pedestal, and approved exterior outlets in the location
the moveable tiny house will be located, unless otherwise designed
to be self-contained to provide equal electrical accommodations (e.g.,
fully relying on solar power and battery backup). Separate electric
meters may be permitted if approved by the building official and utility
supplier.
c. All mechanical equipment shall be incorporated into the structure,
and shall in no case be located on the roof with the exception of
solar energy panels or collectors.
11. Certifications. A moveable tiny house shall comply with the standards
set forth in California HSC 18027.3. A moveable tiny house shall be
certified by a recognized national certification body as complying
with these standards and a certified label shall be placed on the
moveable tiny house to demonstrate compliance.
12. Fire. When located on a premise where the primary dwelling unit is
protected with an automatic fire sprinkler system in accordance with
the California Residential Code, a moveable tiny house shall be protected
with an automatic fire sprinkler system.
13. When located within the Very High Fire Hazard Severity Zone, a moveable
tiny house shall satisfy the following additional requirements:
a. A moveable tiny house shall be protected with an automatic fire sprinkler
system in compliance with Section R313 of the California Residential
Code even if located on a premise where the primary dwelling unit
is not protected with an automatic fire sprinkler system;
b. Exterior walls shall be constructed with ignition-resistant materials
in compliance with Section R337 of the California Residential Code;
and
c. Glazed openings, including skylights, shall comply with Section R337
of the California Residential Code.
14. Minimum Wind and Snow Loads. A moveable tiny house shall be constructed to withstand minimum snow and wind loads for the proposed parking location, as described in Chapter 15, Article 15.04 and Section
15.04.290 of the Placer County Code.
15. Parking. Parking standards are set by the base zone district or use as set forth in Section
17.54.060 (Parking space requirements by land use).
16. Access Standards. Access roads shall meet state and local fire safe
standards as determined by the serving fire agency and County Land
Development Manual. Encroachment permits may be required to address
ingress, egress, and sight distance requirements for access to county-maintained
highways.
(Ord. 6144-B § 33, 2022)