§ 1500-05-030. Supplemental Use Regulations

A.

Visitor Serving Uses. Visitor serving uses in the AG District may be permitted if all of the following findings can be made:

1.

The use will help to directly or indirectly promote agriculture in Sutter County.

2.

The use is compatible with and incidental to agricultural production activities in the area.

3.

The use is compatible with existing adjacent uses in the area.

B.

Special Events. Special events such as weddings, dances, assemblies, picnics, dinners, craft fairs, and similar events are allowed at Agricultural Education and Entertainment; Wineries, Breweries, Distilleries and Mills; and Special Event Facilities use types. These use types require approval of either a Use Permit or Administrative Permit as indicated on Table 1500-05-1. The permit shall specify the frequency of allowed events, hours of operations, maximum number of permitted quests, and any other conditions of approval deemed necessary by the approving authority.

C.

Wayside Stands and Agricultural Stores.

1.

One Wayside Stand or Agricultural Store shall be permitted per parcel.

2.

A Wayside Stand shall not exceed 600 square feet of floor area, and may include up 50 square feet of floor area for the sale of prepackaged food and/or drinks. An Agricultural Store shall not exceed 1,500 square feet, and may include food preparation, bakery and area for limited retail sales.

3.

Adequate provision shall be made for off-street parking and safe ingress and egress to the adjacent street.

4.

Parking spaces for Wayside Stands and Agricultural Stores need not be paved or striped, but shall be improved in accordance with the surfacing requirements for parking within the AG district.

5.

All structures and off-street parking shall not be located in any required front or side yard setback.

D.

Animal and Equipment Auctions.

1.

The sale/auction shall be held on property owned by one of the participants. Sales/auctions shall not be held on properties currently under a Williamson Act contract.

2.

The actual sale/auction event shall be held for a time period not to exceed 3 days (72 hours) per event, nor more frequently than 3 events per year per property. The sale/auction event shall be conducted between the hours of 7:00 am and 10:00 pm.

3.

Items being brought to the property for the sale/auction from off-site participants shall arrive no more than ten (10) calendar days prior to the start of the sale/auction event and shall be removed no later than seven calendar days after the end of the event. The applicant shall indicate the number of participants that will be bringing items to the property for the event.

4.

Sales of any food at the sale/auction shall be subject to approval by the Environmental Health Division.

5.

Signage —On-site signage shall be permitted subject to the existing sign requirements for agricultural zones contained in the Zoning Code. Off-site signage for sale/auction events shall be limited to the provisions contained in Section 1500-21.

E.

Agricultural and General Truck Yards.

1.

Parking —Driveways, parking, storage, and maneuvering areas for trucks shall be surfaced with aggregate, paving or other materials which adequately prevent dust from becoming airborne and prevent the tracking of dirt and/or mud onto public roadways. Adequate provision shall be made for safe ingress and egress to the adjacent street.

2.

Screening —Truck yards may be conditioned to be screened from view from public roadways through walls, chain link fencing with privacy slats, and/or landscaping.

3.

Maintenance —Truck maintenance, repair, and proper handling and disposal of hazardous materials shall comply with the requirements of the Development Services Department, Environmental Health Division.

4.

General Truck Yard Limitation —General truck yards may only be approved within the AG District if located immediately adjacent to a State Highway or a designated T or S-route (STAA).

F.

Animal Processing and Intensive Animal Operations.

1.

All barns, corrals, feed and manure storage areas, lagoons, processing facilities and structures not used as dwelling units, labor quarters, or administration, shall be located a minimum of one mile from any existing residential district, Rural Community boundary, or city sphere of influence line.

2.

Storage of manure, silage and animal matter shall occur in a manner which minimizes odors and vector nuisances to the greatest extent practicable, based on current industry practices.

3.

Incorporate measures to protect pollutants from entering into creeks, streams, drainage ditches or groundwater supplies.

4.

Incorporate measures to control odor, dust, noise, and waste disposal so as not to constitute a nuisance or a hazard.

G.

Commercial Stables.

1.

Storage of manure, silage and animal matter shall occur in a manner which minimizes odors and vector nuisances to the greatest extent practicable, based on current industry practices.

2.

Incorporate measures to protect pollutants from entering into creeks, streams, drainage ditches or groundwater supplies.

3.

Incorporate measures to control odor, dust, noise, and waste disposal so as not to constitute a nuisance or a hazard.

H.

Resource Protection and Restoration. Lands within the AG District may be used for habitat conservation, protection, restoration and/or mitigation with approval of a conservation easement and/or acquisition, provided such use does not substantially interfere or adversely affect existing or planned agricultural uses or impact County flood control operations. Such activities should be consistent with an adopted Habitat Conservation Plan and/or Natural Communities Conservation Plan.

I.

Sports Clubs.

1.

Shall not be located within a city's Sphere of Influence or Rural Community identified in the General Plan.

2.

Living quarters shall be permitted for hunting season use only. Permanent occupancy of residential unit(s) for property owner(s) and/or caretaker are permitted consistent with the base district and shall not exceed General Plan density.

J.

Agricultural Related Facilities. Within the AG District, all Specialized Education and Training use types and all Warehousing, Wholesaling, and Distribution use types shall be agriculturally related.

K.

Agricultural Employee Housing.

1.

All permanent agricultural employee housing shall be constructed and maintained to conform to the State Department of Housing and Community Development regulations for employee housing.

2.

All manufactured homes used specifically for agricultural employee housing shall be maintained in compliance with the applicable requirements of the Manufactured Housing Act (Health and Safety Code Section 18000, et seq.).

L.

Manufactured Homes in the Agricultural District.

1.

Eligibility. A manufactured home may be used as a permanent residence in the AG district subject to the following eligibility requirements:

a.

The manufactured home is certified under the National Manufactured Housing Construction and Safety Act of 1974.

b.

The density on the parcel on which the manufactured home is located does not exceed that permitted by the General Plan.

c.

The manufactured home is placed upon a permanent or non-permanent foundation approved by the Building Division.

d.

The manufactured home complies with all development standards and other requirements of the AG zoning district.

e.

All necessary permits and approvals have been obtained from Sutter County including the Environmental Health Division.

2.

Performance Standards. A manufactured home within the AG district shall comply with the following performance standards:

a.

Prior to the issuance of any necessary permit(s), the applicant shall acknowledge, by signature, receipt of the performance standards as set forth in this section and agreement to meet such standards.

b.

The area between the bottom of the manufactured home and the ground shall be fully enclosed on all sides with solid, nontransparent skirting that is of similar compatible material to the manufactured home. No storage of materials under the manufactured home is permitted except for appurtenances removed from the manufactured home and permitted to be stored under the manufactured home in accordance with the laws of the State of California.

c.

The manufactured home shall carry a current state license if not located upon a permanent foundation.

d.

The manufactured home shall bear the tag or shield of approval of the California State Department of Housing and Community Development in accordance with the Health and Safety Code.

e.

Standards of this section shall be completed prior to issuance of an occupancy permit for the manufactured home.

M.

Temporary Secondary Manufactured Homes for Caretaker Housing (Agricultural and Residential).

1.

Use Permit applications for manufactured homes for caretakers of agricultural property, improvements or equipment shall include a written explanation of the need for the caretaker in sufficient detail to allow the Planning Commission to evaluate the degree of need.

2.

Use Permit applications for manufactured homes for caregivers/family members in need of living assistance shall include a certification from a licensed doctor that a medical condition exists that necessitates the provision of on-site living assistance. Such a certification shall not have been prepared more than 60 days prior to the date of application and shall specify the nature of the condition in terms that will allow the Planning Commission to evaluate the degree of need.

3.

Approval of temporary secondary manufactured homes for caretaker housing (Agricultural and Residential) shall be subject to the following conditions:

a.

The Use Permit shall be issued for a term not to exceed five years, subject to extension, or shall expire at such time as the use or need for which the permit was granted ceases, whichever occurs first. An application for a Use Permit extension shall include a written explanation of the continuing need for the caretaker housing. Upon expiration or cessation of the use, the manufactured home shall be removed from the property within 6 months.

b.

The manufactured home shall be placed upon a non-permanent conventional manufactured home support system (e.g., soft set, blocking or piers). A manufactured home proposed in a designated floodplain may be elevated with a foundation system on piers that can be unbolted or disconnected to remove the home when needed.

c.

Rental of the manufactured home or manufactured home space is not permitted.

d.

The manufactured home shall be served by an approved on-site sewage disposal system.

4.

A temporary secondary manufactured homes for caretaker housing (Agricultural and Residential) shall comply with the following performance standards:

a.

Prior to the issuance of any necessary permit(s), the applicant shall acknowledge, by signature, receipt of the performance standards as set forth in this section and agreement to meet such standards.

b.

The area between the bottom of the manufactured home and the ground shall be fully enclosed on all sides with solid, nontransparent skirting that is of similar compatible material to the manufactured home. No storage of materials under the manufactured home is permitted except for appurtenances removed from the manufactured home and permitted to be stored under the manufactured home in accordance with the laws of the State of California.

c.

The manufactured home shall carry a current state license if not located upon a permanent foundation.

d.

The manufactured home shall bear the tag or shield of approval of the California State Department of Housing and Community Development in accordance with the Health and Safety Code.

e.

Standards of this section shall be completed prior to issuance of an occupancy permit for the manufactured home.

N.

Recreational Vehicle—Seasonal Security at Marinas and Boat Launch Facilities. A single recreational vehicle for use to provide seasonal security at existing permitted marinas and boat launch facilities may be permitted annually through a zoning clearance if determined to be consistent with the following performance standards:

1.

A recreational vehicle may be located in a designated floodplain or floodway from April 25 ^th of a given year and shall be annually removed by October 20 ^th to be onsite fewer than 180 consecutive days consistent with Section 1780-550 of the Floodplain Management Ordinance.

2.

The recreational vehicle is licensed and ready for highway use per Section 1780-550 of the Floodplain Management Ordinance.

3.

Quick disconnect utility connections to electricity, water, and a wastewater system shall be provided and approved by the Development Services Department. As an alternative to providing a connection to a wastewater system, a contract with an authorized wastewater pumping provider may be submitted demonstrating the recreational vehicle's wastewater tanks will be routinely serviced during the time period authorized by the zoning clearance.

4.

Evidence demonstrating garbage service will be provided shall be submitted to the satisfaction of the Development Services Department.

5.

A minimum of one onsite parking space is provided consistent with Table 1500-20-2 and is surfaced at a minimum consistent with Section 1500-20-080 B. 2.

6.

The recreational vehicle shall comply with the setback requirements of the zone district it is located in.

7.

The area surrounding the recreational vehicle shall be kept free of debris, waste materials, and refuse.

O.

Family Day Care, Large. Large Family Day Care Facilities are subject to the following standards:

1.

Written consent of the property owner is required when the property is leased or rented.

2.

One off-street parking space located outside the front and street side yard setback shall be provided in addition to the number required for the existing use.

3.

The operator shall provide evidence of a valid license to operate issued by the Department of Social Services.

4.

Written approval shall be provided by the Sutter County Environmental Health Division, Sutter County Building Division, and the appropriate fire service agency.

P.

Emergency Shelters. All emergency shelters shall comply with the Development Standards specified for the R-4 District, as well as Section 1500-11 - Cold Weather and Emergency Shelters (Use Specific Regulations).

Q.

Kennels. Kennels shall be kept in a clean and sanitary manner by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease, or offensive odor. Animal odors shall not be detectable beyond the property lines of the property where the kennel is located.

R.

Public Facilities. Airports, landing strips, heliports and similar facilities within the P District are limited to public use only. Private facilities are not permitted.

S.

Solar Energy Facilities, Commercial. Commercial solar energy facilities are not allowed within the Sutter Buttes Overlay Zone and/or on prime farmland.

T.

Oil and Gas Extraction and Injection Wells. Exploratory and/or production gas or oil well drilling and injection wells in the AG District meeting the following criteria shall be permitted by issuance of a Zoning Clearance:

1.

Wells shall be located a minimum of 500 feet from any existing residence and not on lands controlled by any State or Federal agency.

2.

The location of the well, access road, pipelines and other appurtenances have been coordinated with the surface rights operator, manager or tenant as well as the owner of the surface rights to the property to be used as a well site.

3.

All drilling equipment except that required for well operation and maintenance shall be removed and the site restored to its original condition within a time period as arranged with the surface owner, but in no event longer than 90 days after completion of the drilling process.

4.

The Director shall be notified of completion or abandonment of the well within 10 days of cessation of drilling operations.

5.

The applicant shall comply with all applicable local and State regulations including but not limited to, requirements of the County Environmental Health Program and California Division of Oil and Gas for on-site sanitary facilities and waste disposal, the County Development Services Engineering Division for necessary encroachment permits of driveway connections with the County roads, and the California Division of Oil and Gas for all necessary permits.

Before the issuance of a Zoning Clearance for gas or oil well drilling or an injection well, a Notice of Intent to approve shall be mailed or delivered at least 10 days prior to action on the application to the applicant, the property owner, the owners as shown on the most recent secured assessor's roll of property within 400 feet of the property involved in the application, and all other persons who have requested notice in accordance with Section 1500-23-060(B). Such other notice as the County deems appropriate may also be given. All Zoning Clearances shall be processed in accordance with Section 1500-25-030.

Exploratory and/or production gas or oil well drilling and injection wells that do not comply with the above criteria may be permitted by approval of a Use Permit. Oil and Gas Drilling and injection well Zoning Clearances and Use Permits shall be valid for a one (1) year term period. If an approved permit has not been used within one (1) year after permit issuance, it shall become null and void without further action.

U.

Open Space Easement Agreement. Prior to the conversion of land designated for agricultural use to permanent wildlife or other habitat, an Open Space Easement Agreement shall be approved by the Board of Supervisors.

V.

Regional Power Transmission line Projects. Prior to development, a use permit shall be obtained for all regional power transmission line projects and said applications shall comply with the requirements of this section.

a.

Applications. At a minimum, each use permit application for a regional transmission line shall include the following:

i.

A completed application form and filing fee.

ii.

A description of a reasonable range of alternatives to the proposed project, including alternatives that use or expand existing rights-of-way.

iii.

All application materials (maps, site plans, etc.) necessary to illustrate the proposed location of the proposed facilities and all alternative locations, together with all other materials required for a conditional use permit.

iv.

A photo simulation of the proposed project and each alternative from at least six locations along its route in the County. Each location shall include simulated views of project facilities from four directions (north, south, east, and west).

v.

A narrative explanation of the route of the proposed project and each alternative, together with a discussion of any alternative locations and project alternatives considered by the applicant but not formally included for County consideration.

vi.

For the proposed project and each alternative, all of the following shall be provided:

1.

Estimated cost, including construction, land acquisition, and other development costs;

2.

A description of the type of vegetation and soils that will be removed or impacted by construction;

3.

A map showing the number, types, uses, and distances of buildings, public and private airports, dedicated open space, and parklands located within a 1,000-foot distance of proposed project infrastructure;

4.

An analysis of the audible noise and lighting impacts of the proposal, together with any other studies reasonably necessary for the County to perform its duties as a lead or responsible agency in connection with the environmental review of the project; and

5.

An analysis of the potential adverse human health effects of the project on those present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project. The analysis shall use the best available scientific information at the time it is conducted.

b.

Coordination and Documentation. Within 30 days of filing an application for a use permit in connection with a regional transmission line project, the applicant shall provide the County with copies of all applications for state, federal, and other permits and licenses in connection with the proposed project. Promptly following the issuance of any state or federal permits or licenses, biological opinions, records of decision, memoranda of understanding, exemptions, variances, or similar authorizations or approvals related to the proposed project, the applicant shall provide copies of those documents to the County.

c.

Public Outreach. For all regional transmission line projects that traverse a significant portion of the County, and whose impacts are not likely to be isolated to a small geographical area, the Director, or his or her designee, may require the applicant to present the application to interested members of the public at one or more public meetings to be arranged by the applicant. Such meetings shall be in addition to any hearings on the permit application held by the Planning Commission or the Board of Supervisors, and in addition to any meetings of local general plan advisory committees to which the application is referred. The Director, or his/her designee, and the applicant shall, if requested by the Director or his/her designee, develop a mutually acceptable public outreach program that includes such meeting(s) and any similar public outreach efforts to be undertaken by the applicant.

d.

Review Criteria. The purpose of this subdivision is to establish a use permit criteria for major electrical power distribution and transmission projects in the unincorporated area of the County, and shall apply to all such projects that require a use permit. A use permit for such projects may only be approved if all of the following findings are made based on substantial evidence in the record:

i.

The proposed project is consistent with any applicable policies in the General Plan and any applicable specific plan(s);

ii.

There is a demonstrated need for the proposed project;

iii.

To the greatest feasible (as that term is defined in Public Utilities Code § 12808.5) extent, the project utilizes existing infrastructure and rights-of-way or, alternatively, expands existing rights-of-way, in that order of preference;

iv.

There are no feasible alternatives that are superior to the proposed project, particularly with respect to individuals present in residential areas, schools, licensed day-care facilities, playgrounds, and other developed areas in reasonable proximity to the project;

v.

To the greatest feasible extent, the proposed project does not have a significant adverse effect on the environment, agriculture, existing land uses and activities, areas with significant scenic qualities, or other relevant considerations of public health, safety, or welfare;

vi.

To the greatest feasible extent, the proposed project avoids lands preserved by the County for public park purposes;

vii.

To the greatest feasible extent, the proposed project avoids lands preserved by a conservation easement or similar deed restriction for agricultural, habitat, or other purposes. The Board of Supervisors may waive this requirement if the applicant provides documentation that the project does not conflict with the conservation easement or deed restriction, or that the conservation easement or deed restriction will be amended or extinguished prior to implementation of the project. If the conservation easement or deed restriction was provided as mitigation for the impacts of a prior development project, however, it shall only be amended or extinguished if adequate substitute mitigation is provided by the applicant;

viii.

The proposed project complies with all laws, regulations, and rules regarding airport safety conditions and similar matters, and would not require a significant change in the operations of a public or private airport in the County, create an undue hazard for aircraft, or substantially hinder aerial spraying operations;

ix.

To the greatest feasible extent, operation of the proposed project would not create conditions that unduly reduce or interfere with public or private television, radio, telemetry, or other electromagnetic communication signals; and

x.

The applicant has agreed to conduct all roadwork and other site development work in compliance with all laws, regulations, and rules relating to dust control, air quality, erosion, and sediment control, as well as any permits issued pursuant thereto.

e.

Scope. The requirements of 1500-05-030(V) shall apply to all regional transmission line projects that have not received all required federal, state, and local agency approvals prior to the effective date of this ordinance.

W.

Costs. The project applicant shall reimburse all County costs associated with reviewing an application for a major electrical power transmission and distribution project. In addition, if the County is required to review a proposed transmission corridor zone pursuant to California Government Code section 25334 or other provisions of law, such costs shall also be reimbursed by the project applicant.

(Ord. No. 1635, §§ 5, 6, 6-27-2017; Ord. No. 1649, § 3, 5-22-2018 )