§ 1500-06-030. Supplemental Regulations

A.

Estate Residential Rezoning. Prior to rezoning new ER District lands, the Board of Supervisors shall find consistent with applicable General Plan policies that:

1.

There is a market demand for the use;

2.

Existing ER Districts have been substantially built out;

3.

The use can be adequately served by services and infrastructure available at the time of project approval (either community or individual water and wastewater systems); and

4.

The use is compatible with adjacent and nearby uses.

B.

Wayside Stands. A Wayside Stand is subject to the following conditions:

1.

One Wayside Stand shall be permitted per parcel.

2.

A Wayside Stand shall not exceed 400 square feet of floor area, and may include up 50 square feet of floor area for the sale of prepackaged food and/or drinks.

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 need not be paved, striped or otherwise improved, but shall be treated to minimize dust and the tracking of mud onto public roadways.

5.

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

C.

Commercial Stables. Commercial Stables are subject to the following conditions:

1.

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

2.

Measures shall be incorporated to protect pollutants from entering in creeks, streams, drainage ditches or groundwater supplies.

3.

All other feasible measures shall be incorporated to control odor, dust, noise, and waste disposal so as not to constitute a nuisance or a hazard;

D.

Manufactured Homes in Residential Districts.

1.

Eligibility. A manufactured home may be used as a permanent residence in any Residential 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 lot 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 foundation approved by the Building Division.

d.

The manufactured home is less than 10 years old from the date of manufacture to the date of installation.

e.

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

f.

All necessary licenses, tags, permits and approvals have been obtained from the State of California and Sutter County.

2.

Performance Standards. A manufactured home within an Residential 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, non-transparent skirting. A solid concrete or masonry perimeter foundation, solid skirting materials similar to the exterior material covering of the structure, or other solid skirting materials customarily found on conventional residential structures shall be used.

c.

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.

d.

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

E.

Clustered Residential. On lots smaller than the base minimum parcel size, the clustering of residential units in the ER and R-1 Districts may be permitted with approval of a use permit as an alternative to conventional subdivision design in order to facilitate the preservation of environmentally sensitive areas (e.g., wetlands and special-status species habitat), productive agricultural lands, and important cultural and scenic resources; facilitate innovative development concepts; provide increased open space which may include active and passive recreation features; reduce infrastructure requirements by reducing the length of streets and water and sewer lines; and further implement the goals and policies of the General Plan. Clustered residential developments shall include a minimum of 50 percent of the project area preserved in open space. Gross residential density shall be in compliance with the adopted General Plan land use designation for the property. The County may consider allocation of increased residential units to a clustered residential project to encourage the preservations of unique environmental and open space resources.

F.

Truck-Tractor Parking. The parking of one truck-tractor on a lot in the ER, RAN and R-1 Districts is subject to approval of a Use Permit and the following standards:

1.

The truck-tractor shall be owned by the resident of the property who resides in the dwelling.

2.

Only minor truck-tractor maintenance, such as oil/air filter changes, lubrications, detailing, is permitted on the property.

3.

The truck-tractor shall be parked entirely on private property; parking in the public right-of-way, or front yard setback shall not be permitted. The driveway and parking area for the truck-tractor shall be paved or an alternative all weather surface.

4.

The truck-tractor shall not enter the property after 11:00 p.m. and shall not leave the property before 6:00 am on weekdays and 7:00 am on weekends.

5.

The parking of inoperable truck-tractors on-site is prohibited.

6.

An application filed for a Use Permit under this subsection shall include the specific routes to be used, which minimize travel on non-truck routes, a detailed reason/purpose for the request and any hardship that prevent parking the truck-tractor elsewhere.

7.

Trailers for truck-tractors shall not be parked on the property or the street.

G.

Animal Keeping. Animal husbandry including the keeping of animals such as cattle, horses, goats, sheep, hogs, chickens, rabbits, birds, etc. is permitted in the RAN, ER, and where the Agriculture Combining District has been applied. Within the Agriculture Combining District, the keeping of large animals such as cattle, horses and hogs shall be permitted at a density of two such animals per 10,000 square feet of lot area. The area of any lot used for the keeping of large animals shall be located outside those areas utilized for sewage disposal. The keeping of smaller animals is subject to the following standards:

1.

Domestic Pets. In the ER, R-1, R-2, R-3, and R-4 Districts, up to any total combination of four dogs, cats or other similar and common household pets are allowed. No limitation on the number of domestic pets is applied to the RAN District. Except for in the ER and RAN districts, no hoofed animals are permitted in the Residential Districts, except up to two pot bellied pigs are allowed as pets.

2.

Hens and Similar Animals. Up to 10 hens (no roosters), rabbits, guinea pigs or similar small animals for home enjoyment or consumption are allowed in the R-1, R-2, R-3, and R-4 districts, subject to item 3 below.

3.

Maintenance and Operations. All keeping of domestic pets and hens shall comply with all of the following maintenance and operational standards:

a.

Odor and Vector Control - All outdoor animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of fecal matter, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Each property shall be maintained in a sanitary manner.

b.

Containment - All animals shall be effectively contained on the property, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

H.

Accessory Dwelling Units. Accessory dwelling units are subject to the following standards:

1.

Accessory Dwelling Units are exempt from the General Plan land use density limitations and only one accessory dwelling unit is allowed per lot that shall also contain an existing single-family dwelling.

2.

Accessory dwelling units shall not be sold separately from the existing dwelling unit located on the property but may be rented on a month-to-month basis.

3.

For lots that are served by individual water (well) and sewer (septic) systems, the minimum lot size shall be as required by the Environmental Health Division. Both the primary and accessory dwelling unit shall comply with requirements of the Environmental Health Division for septic systems as those requirements exist at the time application is made.

4.

Accessory dwelling units shall comply with same setback requirements as the primary dwelling unit on the parcel; however, no additional setback shall be required for an existing garage that is converted to an accessory dwelling unit, and a minimum setback of five feet from the side and rear lot lines shall be required for an accessory dwelling unit established above a garage.

5.

The Accessory dwelling unit shall be either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

6.

The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area, with a maximum increase in floor area of 1,200 square feet.

7.

The total area of floor space for a detached accessory dwelling unit shall not exceed 1,200 square feet.

8.

No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

9.

Accessory dwelling units shall comply with the same building and safety requirements as the primary dwelling unit and fire sprinklers are not required if they are not required for the primary dwelling located on the property.

10.

A minimum of one off street parking space shall be provided per accessory dwelling unit or one space per bedroom as determined necessary by the Director. The location and surfacing of off street parking shall occur consistent with Article 20.

11.

Parking requirements are not applicable for accessory dwelling units in any of the following instances:

a.

The accessory dwelling unit is located within one-half mile of public transit.

b.

The accessory dwelling unit is located within an architecturally and historically significant historic district.

c.

The accessory dwelling unit is part of the existing primary residence or an existing accessory structure.

d.

When on street parking permits are required but not offered to the occupant of the accessory dwelling unit.

e.

When there is a car share vehicle located within one block of the accessory dwelling unit.

12.

Attached accessory dwelling units are not considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

13.

If an accessory dwelling unit proposed is the result of the conversion of existing space within an existing single family residence or accessory structure, it shall not be required to install new or separate utility connections directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge.

14.

For an accessory dwelling unit that is not described in subsection 13, the County may require a new or separate utility connection directly between the accessory dwelling unit and the utility and the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit based upon either its size or the number of its plumbing fixtures upon the water or sewer system. This fee shall not exceed the reasonable cost of providing this service.

I.

Guest Cottages. Guest Cottages are subject to the following standards:

1.

One detached guest cottage is permitted per lot. Both the primary unit and guest cottage shall comply with requirements of the Environmental Health Division for septic systems as those requirements exist at the time of the addition of the guest cottage.

2.

A guest cottage shall maintain the setback and coverage requirements of the zoning district in which it is located.

3.

The design and exterior finish of a guest cottage shall be reasonably similar to and compatible with the existing primary residence in height, form, architectural style, color, exterior materials, and roofing color, pitch, eaves, materials and design.

4.

The floor area of a guest cottage shall not exceed 500 square feet.

J.

Manufactured Home Parks. All manufactured home parks shall meet all of the following requirements:

1.

Manufactured Home Park Area. The minimum site area for a manufactured home park is 10 contiguous acres.

2.

Exterior Boundary Treatment.

a.

Setbacks. All structures within a manufactured home park shall be setback a minimum of 20 feet from adjacent property lines and 25 feet from any public street or road right-of-way adjoining the property.

b.

Landscaping. The required setback areas shall be maintained with landscaping.

c.

Walls and Screening. The County may require walls, fencing, landscaping or other elements to provide a buffer for adjacent properties. Walls, fencing and other screening elements shall typically be a minimum of 6 feet in height. The specific height, location, construction and type of materials for such elements shall be conditioned as part of the Use Permit or Administrative Permit required for Manufactured Home Parks per Table 1500-06-1.

3.

Individual Manufactured Home Space Development Standards.

a.

Space Area. Average of 3,000 square feet, and in no case less than 2,500 square feet.

b.

Minimum Space Setbacks. Minimum setbacks shall be measured from the edge of space lines and internal streets as follows:

i.

Front. 10 feet

ii.

Side, Interior. 5 feet

iii.

Side, Corner. 10 feet

iv.

Rear. 5 feet

c.

Projections into Setbacks. Eaves, stairways, awnings, hitches, necessary appurtenances for utility services and similar elements may project into any required setback a maximum of 2 feet.

d.

Separation between Manufactured Homes. No portion of a manufactured home or attached accessory structure shall be closer than 10 feet to another manufactured home or attached accessory structure.

e.

Maximum Site Coverage. The manufactured home and accessory structures shall not cover more than 75 percent of the manufactured home space.

f.

Number of Homes per Site. Not more than one single-family manufactured home may be placed on a manufactured home space.

4.

Skirting. The area between the bottom of the manufactured home and the ground shall be fully enclosed on all sides with solid, non-transparent skirting. A solid concrete or masonry perimeter foundation, solid skirting materials similar to the exterior material covering of the structure, or other solid skirting materials customarily found on conventional residential structures shall be used.

5.

Materials. The exterior and roofing of the manufactured home and any associated garage or carport shall be of similar materials customarily used in conventional residential structures.

6.

Roof Overhang. The roof of the manufactured home shall have eave and gable overhangs (measured from the vertical side of the structure) not less than that customarily found on conventional residential structures.

7.

Parking. On-site parking shall be provided as required in Article 20 (Parking and Loading).

8.

Manufactured Home Park Streets.

a.

Required Access. All manufactured home spaces shall have direct access to an internal private street located within the manufactured home park. There shall be no direct access from a manufactured home space to a public street or alley.

b.

Street Width. All internal streets shall be a minimum of 25 feet in width, exclusive of required parking areas.

c.

Paving. All internal streets shall be paved in conformity to County standards.

d.

Curb and Gutter. Installation of curb and gutter may be required if deemed necessary for drainage purposes.

9.

Adjacent Public Streets. Encroachments to public streets shall be in conformity with County Standards. Concrete curbs and gutters may be required adjacent to all public streets or highways.

10.

Utilities. All manufactured home spaces shall be served by water (including fire flow and hydrants), sewer, drainage, and electric services in accordance with the requirements and standards of the County and/or applicable service providers.

11.

Landscaping. All common open space shall be maintained with landscaping.

12.

Common Recreation Areas. Common recreation areas and facilities shall be provided for use by tenants and their invited guests. The size of such areas shall be at least 5,000 square feet, plus 100 square feet for each manufactured home space. Such required space may be divided into several locations, but no single location shall contain less than 1,000 square feet. The recreation areas may contain community club houses, swimming pools, tot lots, picnic areas, barbeque areas, game courts, dog run areas and similar facilities.

13.

Other Common Facilities. Manufactured home parks may include an office, laundry rooms, meeting rooms, screened storage facilities, resident car washing areas and other facilities which are clearly incidental and subordinate to the primary use.

14.

Transient Spaces. Not more than 10 percent of the manufactured home spaces in a manufactured home park may be used for transient use. Spaces reserved for transient manufactured homes shall be so designated as part of the Use Permit or Administrative Permit required for Manufactured Home Parks per Table 1500-06-1. The development standards of this section shall fully apply to sites reserved for transient manufactured homes. Manufactured homes may occupy designated transient manufactured home space for a period of not more than 90 days.

15.

State Tag. All manufactured homes 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.

16.

Conditions of Approval. As part of the Use Permit or Administrative Permit required for Manufactured Home Parks per Table 1500-06-1, the approving authority may prescribe additional conditions of approval when it is determined that such conditions are reasonably necessary to insure the protection of the character of neighboring properties, compatibility with neighboring land uses, and protection of the health, safety, and general welfare of persons living within and adjacent to the manufactured home park.

K.

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.

(Ord. No. 1635, § 10, 6-27-2017)