§ 26C-42. Uses requiring a use permit.

(a)

Sensitive Area Uses:

(1)

Permitted uses listed in Section 26C-41 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-41(a)(4):

a.

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

b.

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

c.

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

(2)

Livestock feed yards, animal sales yards.

(3)

Commercial mushroom farming.

(4)

Commercial stables not permitted under Section 26C-41(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) employee or occupying more than one-half (½) acre of land, but otherwise subject to the same criteria as Section 26C-40(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 products 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;

(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-41(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-6g.

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-41(b)(2). 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-41(b)(c).

(14)

Seasonal farm worker housing that does not meet the road access, occupancy limits, parcel size or setback standards of Section 26C-320(k).

(15)

Year-round and extended seasonal farm worker housing that does not meet the road access, occupancy limits, parcel size or setback standards of Section 26C-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)

Public schools; private nursery, primary and secondary schools; places of religious worship; and places of public or community assembly, all subject, at a minimum, to the criteria of General Plan Policy LU-6e, except such uses are not allowed on a parcel under a Williamson Act contract.

(3)

Campgrounds with a maximum of thirty (30) sites provided that the subject area is not under a Williamson Act contract and subject, at a minimum, to the criteria of General Plan Policy AR6d.

(4)

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

(5)

Private landing strips. On land subject to a Williamson Act contract, such use shall be limited to that necessary for aircraft dedicated to aerial spraying and other agricultural purposes and not for private passenger aircraft for personal convenience and transportation.

(6)

One (1) bed and breakfast inn, of five (5) or fewer rooms per definition, on land not under Williamson Act contract and subject to design review, Article XXIX, or landmarks commission, Article XXIV and subject, at a minimum, to the criteria of General Plan Policy AR 6d. No restaurant is permitted, food service is limited to breakfast served to inn guests only, and all public health requirements must be met. No accessory structures shall be used for rental occupancy. A bed and breakfast inn shall have an owner and/or operator in residence within the structure. Nonamplified music lawn parties, weddings or similar outdoor activities may be allowed where specifically included in the use permit. A bed and breakfast inn is ancillary to the agricultural use. Before a use permit is granted, a finding must be made and conditioning must insure that the bed and breakfast use is not detrimental to surrounding agricultural operations.

(7)

Guest ranches and country inns not exceeding thirty (30) units and which are not located within designated village commercial areas in the Coastal Plan nor on lands subject to a Williamson Act contract, and further provided that any use permit granted to an operator of a guest ranch/inn to serve food to other than overnight guests is subject to the following limitations:

a.

Dining for other than overnight guests may be allowed only in conjunction with a guest ranch/inn with a minimum of six (6) overnight guest rooms.

b.

The number of overnight rooms plus the number of outside dining patrons cannot exceed thirty (30).

c.

The number of outside dining guests allowed will be determined at the time of use permit consideration based on the formula list in subsection b above. Guest ranch/inn proprietors may serve one (1) meal only per day to the established allowable number of outside patrons. Such dining arrangements must be made by reservation only.

d.

Dining for other than overnight guests may be allowed only in conjunction with guest ranches/inns located east of Highway 1.

e.

Advertising of dining facilities to serve patrons other than overnight guests at guest ranches/inns shall be prohibited.

f.

Approved on-site signs for guest ranches/inns may include no reference to dining facilities.

g.

Nonamplified music lawn parties, weddings or similar outdoor activities may be allowed where specifically included in the use permit.

(8)

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.

(9)

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.

(10)

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.

(11)

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

(12)

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.

(13)

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

(14)

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.

(15)

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

(16)

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

(17)

Commercial wood yards, including wood splitting, except on land subject to a Williamson Act contract.

(18)

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

(19)

Commercial composting facilities incidental to the agricultural use, subject to Policy AR-4a of General Plan Agricultural Resources Element. 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.

(20)

Agricultural farmstays, 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 eq.(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-40.

(Ord. No. 5963, § V, 1-31-2012; Ord. No. 5429 § 3, 2003; Ord. No. 5362 § 2(k), 2002; Ord. No. 5343 § 5, 2002; Ord. No. 5318 § 1, 2001.)

Editor's note

Former § 26C-41. Renumbered by Ord. No. 5963, adopted January 31, 2012.