§ 26C-41. Permitted uses, subject to site development and erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the General Plan or Coastal Plan in which case a use permit is required. Only those uses permitted in (a) and (b) are considered principal permitted uses, except that additional dwellings beyond one single-family dwelling are not considered to be principal permitted uses. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards.

(a)

Principal Uses:

(1)

On parcels exceeding five (5) acres, raising, feeding, maintaining and breeding of farm animals. When such farming involves animals which are continuously confined, such as veal calves, poultry, hogs and pigs, dairy cows, or similar livestock which may result in concentrations of animal waste, the use shall be subject to issuance of a zoning permit based upon written approval of the Sonoma County Health Services Department and the applicable regional water quality control board of a confined animal management plan. Horses, goats, sheep, and similar farm animals are not considered to be confined animals for purposes of this chapter. The plan shall include provisions for:

a.

Containment of waste to the site;

b.

Reuse or disposal of waste in accordance with health and/or water quality regulations;

c.

Mitigation of potential water quality impacts due to surface runoff of waste;

d.

Control of vectors.

In the event that the confined animal use is proposed within five hundred feet (500') of a non-agricultural land use category, it shall require prior approval of a use permit.

(2)

On parcels of five (5) acres or less, raising, feeding, maintaining and breeding of not more than one of the following per twenty thousand (20,000) square feet of area:

a.

Five (5) hogs or pigs;

b.

One (1) horse, mule, cow or steer;

c.

Five (5) goats, sheep, or similar animals;

d.

Fifty (50) chickens or similar fowl;

e.

Fifty (50) ducks or geese or one hundred (100) rabbits or similar animals;

f.

The above limitations may be modified by the director of the permit and resource management department upon submittal of a proposal statement which describes the extent of the domestic farming use and which is signed by the owners of all property within three hundred feet (300') of the subject property. The director of the permit and resource management department may require the applicant to obtain a use permit if the director determines that the project might be detrimental to surrounding uses;

g.

4-H and FFA animal husbandry projects are permitted without limitation of parcel size, provided that the parcel contains at least twenty thousand (20,000) square feet and provided further a letter of project authorization is first submitted by the project advisor. The director of the permit and resource management department may require the applicant to obtain a use permit when the director determines that the project might be detrimental to surrounding uses.

(3)

Beekeeping.

(4)

The growing and harvesting of shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops, including wholesale nurseries. Except as noted below, agricultural cultivation shall not be permitted in the following areas:

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."

Agricultural cultivation may be allowed in subsections (a) through (c) above upon approval of a management plan which includes appropriate mitigations for potential erosion, bank stabilization, and biotic impacts. This plan may be approved by the director of the permit and resource management department or by use permit pursuant to Section 26C-42(b)(1).

(5)

Agricultural support services involving no more than one (1) employee and occupying no more than one-half (½) acre of land and subject, at a minimum, to the criteria of General Plan policies AR-5e and AR-5f . Such services may include incidental sales of products related to the support service use but shall not include additional walk-in, over-the-counter retail sales.

The following factors shall be considered in determining an agricultural support service to be "clearly subordinate to on-site agricultural production" as provided in above policy AR-5e:

a.

The geographic area of the lot devoted to the support service use in comparison to that remaining in agricultural production;

b.

Whether or not new structures or significant expansion of existing structures are needed to accommodate the support service use;

c.

The relative number of employees devoted to the support service use in comparison to that needed for agricultural production;

d.

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)

Incidental cleaning, grading, packing, polishing, sizing and similar preparation of crops which are grown on the site, but not including agricultural processing;

(7)

Temporary or seasonal sales and promotion and incidental storage of crops which are grown or animals which are raised on the site;

(8)

Ranch roads.

(b)

Residential uses include the following:

(1)

Single-family detached dwelling unit(s) in accordance with the residential density permitted by the General Plan land use element or permitted by a B combining district, whichever is more restrictive. In the event that more than one (1) such dwelling unit is placed on a single lot, the additional dwellings shall be clustered with the primary dwelling in order to minimize roads, drives, and utility extensions. The additional dwellings shall also be subject to design review approval. These unit(s) may be manufactured homes, but only one (1) may be a manufactured home without a permanent foundation.

A manufactured home without a permanent foundation shall require prior approval of a zoning permit notice of which shall be posted at least ten (10) days prior to issuance, during which an appeal may be filed and processed pursuant to Section 26C-332. Issuance of the zoning permit shall be subject, at a minimum, to the following conditions:

a.

The manufactured home shall be at least twelve feet (12') in width except those that are owned and occupied on the effective date of this ordinance;

b.

The manufactured home shall be skirted. All skirting shall be of a type approved by the state of California;

c.

The manufactured home shall have one patio awning with a minimum dimension of nine feet by twenty feet (9' x 20') and either a garage, carport, or awning with a minimum dimension of ten feet by twenty feet (10' x 20') for covered parking;

d.

All manufactured home sites shall be landscaped; and

e.

The manufactured home shall be occupied by the owner of the property or a relative of the owner.

(2)

One (1) dwelling unit for full-time agricultural employees for each of the following agricultural uses conducted on the site:

a.

At least fifty (50) mature dairy cows, dairy sheep, or dairy goats,

b.

At least twenty (20) acres of grapes, apples, pears, prunes;

c.

At least twenty thousand (20,000) broilers, fifteen thousand (15,000) egg-layers, or three thousand (3,000) turkeys;

d.

At least one hundred (100) non-dairy sheep, goats, replacement heifers, beef cattle, or hogs,

e.

At least thirty (30) mature horses;

f.

Wholesale nurseries with a minimum of either one (1) acre of propagating greenhouse or outdoor containers or three (3) acres of field-grown plant materials;

g.

Any other agricultural use which the director of the permit and resource management department determines to be of the same approximate agricultural value and intensity as subsections (a) through (f) above. Said dwelling unit(s) may be conventionally built homes or manufactured homes (with or without permanent foundations) provided that manufactured homes without a permanent foundation shall require a zoning permit approved in the manner described in Section 26C-41(b)(1). Agricultural employee units may be established within designated Class 4 water-scarce areas only where a hydro-geology report, as defined, certifies that the establishment and continuation of the additional residential use will not have significant adverse impacts on local or cumulative groundwater availability or yield.

Prior to the issuance of building or zoning permits for said employee unit(s), the property owner shall place on file with the permit and resource management department an affidavit that said unit(s) will be used to house persons employed on the premises for agricultural purposes. Further, a covenant shall be recorded, in a form satisfactory to county counsel, which acknowledges that in the event that the agricultural use is terminated on the property, the agricultural employee dwelling shall become a nonconforming residential use.

(3)

Temporary farm worker camps consisting of up to four (4) self-contained recreational vehicles and/or travel trailers to house persons solely employed on the site for agricultural purposes for less than ninety (90) days, subject to the following:

The property owner must submit a written affidavit to the planning department, stating that the recreational vehicle and/or travel trailer will only be used to house persons solely employed on the site of a bona fide agricultural enterprise. The camp shall be subject to applicable septic regulations. The recreational vehicle or trailer shall be immediately removed from the site when it is no longer occupied by persons who are solely employed on the premises site;

(4)

Seasonal farm worker housing which meets the standards set forth in Section 26C-320 (k). Seasonal farm worker housing shall also conform to such public health, building and fire safety criteria as may be established by resolution or ordinance of the board of supervisors.

(5)

Year-round and extended seasonal farm worker housing which meets the standards set forth in Section 26C-320(o). Year-round and extended seasonal farm worker housing shall also conform to such public health, building, and fire safety criteria as may be established by resolution or ordinance of the board of supervisors.

(6)

One caretaker unit for properties with seasonal farmworker housing, subject to the provisions of Section 26C-320 (k).

(7)

One (1) guest house per lot.

(8)

One (1) second dwelling unit per lot, pursuant to section 26C-325.1, provided that the water supply for the second dwelling unit is proposed to be located within a designated class 1 or 2 groundwater area. 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 this code. Second dwelling units may be established within designated class 4 water areas only where a hydro-geologic 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 units are not allowed on land subject to a Williamson Act contract.

(c)

The following non-agricultural 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)

Boarding and training of horses which are not owned by the occupant or owner of the property subject to issuance of a zoning permit, but not including shows, lessons, clinics or similar related activities. 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)

Home occupations. 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.

(3)

Small residential community care facilities, except on land subject to a Williamson Act contract.

(4)

Occasional cultural events, provided that a written notice stating "The Sonoma County Permit and Resource Management Department will issue a zoning permit for a cultural event (state nature and duration) on this property if a written appeal is not received within ten (10) days from the date of this notice." is posted on the property at least ten (10) days prior to issuance of a zoning permit, and no appeal pursuant to Section 26-331 has been received from any interested person, and provided that approval is secured from the following departments: sheriff, public health, fire services, building inspection and public works. In the event of an appeal, a hearing on the project shall be held pursuant to Section 26C-331. 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)

Management of land for watershed, for fish and wildlife habitat, fish rearing ponds, hunting and fishing, where these uses are incidental to the primary use.

(6)

Small family day care. 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)

Large family day care, subject to the issuance of a zoning permit and the standards of Sec. 26C-325.3, except on land subject to a Williamson Act contract;

(8)

Pet fancier facilities, provided that a pet fancier license is obtained from the division of animal regulation and renewed annually. 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)

Public parks which do not interfere with the primary purpose of the Coastal Plan land use designation.

(10)

Craft sales and garage sales not exceeding two (2) sales days per calendar year provided that prior notification is given to the California Highway Patrol and that adequate off street parking is provided.

(11)

Attached commercial telecommunication facilities which meet the applicable criteria set forth in Section 26C-325(7).

(12)

Minor free-standing commercial telecommunication facilities, subject to the applicable criteria set forth in Section 26C-325(7), and subject to approval of a zoning permit, including environmental review, for which notice, including a site plan and one elevation with dimensions for such facility, is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article. 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.

(13)

Non-commercial telecommunication facilities eighty feet (80') or less in height subject to the applicable criteria set forth in Section 26C-325(7). Facilities between forty feet (40') and eighty feet (80') in height are subject to approval of a ministerial zoning permit for which notice is mailed to adjacent property owners and posted on the subject property at least ten (10) days prior to issuance of the permit and provided that no appeal pursuant to Article 47 has been received from any interested person. In the event of an appeal, a hearing on the project shall be held pursuant to the above article.

(14)

Small wind energy systems, subject to the applicable criteria set forth in Section 26C-325.8.

(15)

Non-commercial arts and crafts studios not involving retail or wholesale sales. 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 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)

Minor timberland conversions, subject to compliance with requirements of Section 26C-327.

(e)

Accessory buildings and uses appurtenant to the operation of the permitted uses. Accessory buildings may be constructed on vacant parcels of two (2) acres or more in advance of a primary permitted use. On vacant parcels less than two (2) acres, accessory buildings may only be constructed if less than one hundred twenty (120) square feet or as incidental to an existing agricultural use. 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.

(f)

Non-commercial composting when the source materials are obtained primarily onsite and the product is used to amend soils onsite or on adjacent parcels owned or operated by same property owner.

(g)

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-40.

(Ord. No. 5963, § V, 1-31-2012; Ord. No. 5829 § II, 2009; Ord. No. 5429 § 3(a), 2003; Ord. No. 5362 § 2(c), 2002; Ord. No. 5343 § 4, 2002; Ord. No. 5318 § 1, 2001.)

Editor's note

Former § 26C-40. Renumbered by Ord. No. 5963, adopted January 31, 2012.