§ 26C-22. Uses requiring a use permit.

(a)

Sensitive Area Uses.

(1)

Permitted uses listed in Section 26C-21 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the General Plan or Coastal Plan.

(2)

Any clearing of vegetation, grading, excavation, fill, or construction when located in a sensitive area, riparian corridor, scenic corridor, critical habitat area, or unique feature designated in the General Plan or Coastal Plan.

(b)

Agricultural Uses.

(1)

Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26C-21(a)(4).

a.

Within one hundred feet (100') from the top of the bank of the "Russian River riparian corridor."

b.

Within fifty feet (50') from the top of the bank of designated "flatland riparian corridors."

c.

Within twenty-five feet (25') from the top of the bank of designated "upland riparian corridors."

(2)

Livestock feed yards, animal sales yards.

(3)

Commercial mushroom farming.

(4)

Commercial stables not permitted under Section 26C-21(c)(1), riding academies, equestrian riding clubs. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(5)

Commercial aquaculture, provided that, at a minimum, the use does not adversely affect biotic resources and does not take place on prime soils.

(6)

Agricultural support services with more than one (1) and a maximum of three (3) employees or occupying more than one-half (½) acre of land, but otherwise subject to the same criteria as Section 26C-21(a)(5). Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(7)

Preparation of agricultural products which are not grown on site, processing of agricultural product of a type grown or produced primarily on site or in the local area, storage of agricultural products grown or processed on site, and bottling or canning of agricultural products grown or processed on site, subject, at a minimum, to the criteria of General Plan policies AR-5c and AR-5g;

(8)

Slaughterhouses, animal processing plants, rendering plants, fertilizer plants or yards which serve agricultural production in the local area and subject, at a minimum, to the criteria of General Plan policies AR-5c and AR-5g. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(9)

Retail nurseries involving crops/plants which are not grown on the site, except on land subject to a Williamson Act contract.

(10)

Tasting rooms and other temporary, seasonal or year-round sales and promotion of agricultural products grown or processed in the county subject to the minimum criteria of General Plan Policies AR-6d and AR-6f. This subsection shall not be interpreted so as to require a use permit for uses allowed by Section 26C-21(a)(7).

(11)

Promotional or marketing accommodations for private guests, provided that the use, at a minimum, meets all of the following criteria:

a.

The use promotes or markets agricultural products grown or processed on the site;

b.

The scale of the use is appropriate to the production and/or processing use on the site;

c.

The use complies with General Plan policies AR-6d and AR-6f;

d.

No commercial use of private guest accommodations is allowed.

e.

Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(12)

Dwelling unit(s) for full time agricultural employees which are transferred from another lot within this district and which are under the same ownership as the subject property. The other lot need not be a lot within the coastal zone. The number of units allowed shall be determined by the standards in Section 26C-21(b)(3). The units shall be located on the receiving parcel such that they are closer to the primary dwelling unit than to the property line.

(13)

Temporary farm worker camps not permitted by Section 26C-21(b).

(14)

Seasonal farmworker housing that does not meet the road access, occupancy or setback standards of Section 26C-320(k);

(15)

Year-round and extended seasonal farmworker housing that does not meet the road access, occupancy limits, parcel size or setback standards of Section 26-320(o);

(c)

The following nonagricultural uses, provided that the applicant must demonstrate that the use meets a local need, avoids conflict with agricultural activities and is consistent with objective AR-4.1 and Policy AR-4a of the Agricultural Resources Element.

(1)

Game preserves, refuges and hunting clubs. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(2)

Cemeteries, except on land subject to a Williamson Act contract.

(3)

Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities excepted), including, but not limited to reservoirs, storage tanks, pumping stations, and transformer stations. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(4)

Fire and police stations and training centers, service yards and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2 t and which are not otherwise exempt by state law. Such facilities are not permitted on land subject to a Williamson Act contract;

(5)

Intermediate and major free-standing commercial telecommunication facilities subject at a minimum to the applicable criteria set forth in Section 26C-325.7. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(6)

Non-commercial telecommunication facilities greater than eighty feet (80') in height subject at a minimum to the applicable criteria set forth in Section 26C-325.7.

(7)

Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(8)

Application of clean dredge material or biosolids from wastewater treatment plants subject, at a minimum, to the criteria of General Plan Policies PF-2S.

(9)

Granges and similar community service facilities which do not adversely impact agriculture in the area. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(10)

Large residential community care facility, except on land subject to a Williamson Act contract.

(11)

Day care center, except on land subject to a Williamson Act contract.

(12)

Craft sales and garage sales involving three (3) or four (4) sales days per year.

(13)

One (1) second dwelling unit per lot, provided that the procedures and all criteria of section 26C-325.1 are met. Second dwelling units may be established within designated Class 3 water areas only where the domestic water source is located on the subject parcel, or a mutual water source is available; and groundwater yield is sufficient for the existing and proposed use, pursuant to section 7-12 of the Sonoma County Code. Second dwelling units may be established within designated Class 4 water areas only where a hydrogeology report, as defined, certifies that the establishment and continuation of the second dwelling unit use will not have significant adverse impacts on local groundwater availability or yield. Approval of any such second dwelling unit is appealable to the Coastal Commission pursuant to public resources code section 30603. Second dwelling units are not permitted on land subject to a Williamson Act contract.

(14)

Agricultural farmstay, subject to the standards set forth in Section 26C-325.9. Any such use on a parcel under a Williamson Act contract must be consistent with Government Code Section 51200 et seq. (the Williamson Act) and local rules and regulations;

(d)

Other nonresidential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses described in Section 26C-21.

(Ord. No. 5963, § III, 1-31-2012; Ord. No. 5829 § II, 2009; Ord. No. 5429 § 3, 2003; Ord. No. 5362 § 2(i), 2002; Ord. No. 5343 § 5, 2002; Ord. No. 5318 § 1, 2001.)