In a CA combining district, the regulations shall remain the same as the regulations in the A (agricultural) district with which it is combined, except as follows:

    A.    The maximum dwelling unit density shall be one per twenty (20) acres and the minimum building site area shall be seventeen (17) acres provided the following criteria are met to the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision:

    1.    The applicant shall demonstrate that the proposed lots will contribute substantially to the goal of promoting viticulture or other cultivated agriculture; and

    2.    The applicant shall demonstrate that adequate water supplies are available to the proposed parcels for domestic, fire fighting, and agricultural and landscaping irrigation needs; and

    3.    The applicant shall demonstrate that all proposed homesite(s) can be served by individual septic tank systems; and

    4.    The applicant shall demonstrate that proposed lots have been surveyed by a qualified biologist to locate any potential plant or wildlife species of concern, and that a mitigation plan has been developed to protect any sensitive or unique environmental characteristics, including but not limited to oak groves, riparian area, or species of concern; and

    5.    The applicant shall demonstrate and guarantee that a minimum of ninety (90) percent of the area of the parcel being subdivided shall be permanently set aside for viticulture or other cultivated agriculture, planted, and maintained for a minimum of eight years in wine grapes or other cultivated agriculture, excepting therefrom only those minor portions needed to preserve environmentally sensitive areas; and

    6.    The applicant shall demonstrate that all applicable fees have been paid; and

    7.    The applicant shall demonstrate that adequate notice to buyers of proposed parcels has been given of potential residential/agricultural land use conflicts such as noise, dust, odors, night operations or other impacts resulting from the agricultural operations.

    Of the ninety (90) percent of the area of the parcel being subdivided to be permanently set aside for viticulture or other cultivated agriculture as required under Section 17.30.160 A.5., up to but no more than fifteen (15) percent may consist of environmentally sensitive areas, including but not limited to wetlands, arroyos, slopes in excess of twenty-five (25) percent, oak groves, or areas with unique environmental characteristics. This area shall be included in the area permanently set aside, but shall not be planted. This area may be divided in any proportion between the parcels being created. In order to meet the minimum acreage required to be planted (76.5% of the total parcel), building site envelopes may be reduced below the two acre total allowed in Section 17.30.170 C.2. The planning director may require a reduction of the two acre building site envelope in order to maximize the amount of acreage planted. If more than fifteen (15) percent of the area to be set aside permanently for agriculture consists of environmentally sensitive areas, the amount over fifteen (15) percent shall be subtracted from the total area of the parcel for purposes of calculating the number of parcels that can be created. All fractions shall be rounded down.

    B.    There shall be a minimum one hundred (100) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any major arroyo, and a minimum twenty (20) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any minor watercourse unless buffers of different widths are approved in light of potential hazards, crop management practices, and other factors.

    C.    All buildings shall be located within a building site envelope shown on the tentative map approving the subdivision and which meets the following criteria:

    1.    There shall be not more than two separate building site envelopes on a parcel; and

    2.    The aggregate area of the building site envelope(s) for a residence including the driveway(s) shall not exceed two acres; if nonresidential use is authorized on the parcel, the aggregate area of the building site envelope(s) for all buildings and driveway(s) shall not exceed ten percent of the area of the parcel; and

    3.    Except for underground agricultural storage silos, the building site envelope shall  not exceed twenty-five (25) percent slope; and

    4.    The building site envelope shall not be located within a FEMA-designated, 100-year flood plain area; and

    5.    The building site envelope shall be a minimum of two hundred (200) feet from a major street and one hundred (100) feet from any other street unless site-specific studies of noise, traffic, visual impacts or other land use compatibility factors convince the director of community development to approve a lesser setback through the site development review process; and

    6.    The building site envelope shall not be located in any area that is known to be subject to landslide or other seismic or geotechnical hazards.

    D.    Where subdivision of land results in a net loss of vineyard acreage, the maximum area of such land that may be approved for subdivision on a tentative map between January 1st and December 31st of any calendar year shall be one hundred (100) acres.

    E.    To the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision, subdivision of existing vineyards shall be subject to provision of improvements necessary to bring the existing vineyard stock up to current industry standards for production, quality and resource use, including water and soil.

    F.    CA District--Conditional Uses.

    1.    The following uses, otherwise conditionally allowed by the A (agricultural) district, are neither permitted nor conditional uses where the A district is combined with the CA district:

    a.    Killing and dressing of livestock, except when accessory as specified in Section 17.06.050;

    b.    Flight strip when accessory or incidental to a permitted or conditional use, unless such a conditional use permit has been previously approved on subject property for such use;

    c.    Cemetery, crematory, or other facility for the disposal of human or animal dead, pet cemetery;

    d.    Hog ranch;

    e.    Radio and television transmission facilities, unless such a conditional use permit has been previously approved on subject property for such use;

    f.    Sanitary landfill or composting facility;

    g.    Privately owned wind-electric generators, except as an accessory use.

    2.    In addition to the conditional uses in the A (agricultural) district with which it is combined, the following are conditional uses in the CA combining district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

    a.    Bed and breakfast establishment, if conducted within an existing or permitted dwelling: maximum of fourteen (14) rooms available for guests;

    b.    Restaurant, with seated service only, and a maximum of forty-nine (49) permanent indoor seats, that features agricultural products of the South Livermore Valley Area;

    c.    Bicycle rental;

    d.    Other small scale recreational uses found by the board of zoning adjustments to be consistent with the intent of the South Livermore Valley Area Plan.

    G.    CA District--Site Development Review. Site development review pursuant to Section 17.54.210 shall be required for every new building greater than five hundred (500) square feet or thirty (30) feet in height, placed on a lot in the CA district. Notwithstanding the requirements of Section 17.54.230, the planning director may establish the application filing requirements appropriate to the structure under consideration.

    In the exercise of reasonable judgment and based on affirmative findings of fact, minor variances to the provisions of this section may be granted through the site development review process, provided that the variance does not allow a use not otherwise allowed. Specifically, this shall not allow a variance of the provisions of Section 17.30.160 that set the maximum dwelling unit density; the minimum building site area, and the maximum amount of land that may consist of environmentally sensitive areas. (Ord. 2002-60 § 1 (part); Ord. 2001-35; Ord. 2000-25 (part): Ord. 99-1 § 1 (part))