Chapter 19.50 — DESIGN STANDARDS AND FINDINGS

Approval of residential discretionary projects of five or more units or five or more lots proposed in zones of high and very high fire hazard severity, as defined and mapped by Cal Fire, is subject to the county making all of the following findings concurrent with project approval:

• A. On balance, the economic, legal, social, technological, and other benefits, including regional or statewide benefits, outweigh any increased risk of wildland fire to public health and safety.

• B. Fire-related impacts will be mitigated to the extent feasible.

• C. Fuel breaks and funding for their maintenance will be included to protect homes and wildlands if requested by local fire authorities, including Cal Fire.

• D. Water or other fire suppression resources will be provided on site for structure fire suppression if requested by local fire authorities.

• E. The development meets the following minimum quality of life standards related to wildland fire response and evacuation:

  1. The project is served by an existing fire station capable of providing an average fire response time of no more than fifteen minutes or will be served by a new fire station equipped and staffed for comparable response, as defined by local fire officials.

  2. Roads serving the project meet applicable county and state standards to handle evacuation needs and emergency response in case of wildland fire.

  3. Building design, location, materials, and landscaping meet or exceed the following standards, subject to approval by local fire authorities:

     • a. Structures will be located to allow fire engine access.

     • b. Landscaping conforms to state defensible space standards.

     • c. Buildings will be isolated from unmanaged, flammable natural vegetation by hardscapes or regularly maintained, modified fuel zones.

     • d. Buildings are designed to minimize the risk of structure fire from wind-blown, wildland fire embers.

     • e. Building materials will meet or exceed state standards for fire resistance.

• f. Homes and community buildings will be equipped with automatic fire sprinklers or other equally protective fire suppression measures as allowed by state law.

• (Ord. 1777 § 2 (part), 2018)

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County of Amador, CA

ZONING

§ 19.50.020

§ 19.50.040

general plan land use classification.

Approval of any discretionary action that divides a parcel, increases the legal parcel density or intensity, or requires approving a discretionary use permit in the Agricultural-General (AG) land use classification is subject to the county making all of the following findings concurrent with project approval:

• A. Feasible measures will be implemented to mitigate the project's significant adverse impacts, if any, on adjoining or nearby agricultural lands and operations.

• B. The county action does not induce conversion of adjoining and/or nearby agricultural lands to other uses by extending public water supply, public wastewater treatment, or public roads to the project, or alternatively, the county action has specific measurable public benefits that outweigh the conversion of agricultural lands to other uses by the extension of the public water supply, public wastewater treatment, or public roads to the project.

• (Ord. 1777 § 2 (part), 2018)

Approval of any discretionary action that divides a parcel or increases the legal parcel density or intensity, or requires approving a discretionary use permit in the Agricultural-Transition (AT) land use classification, is subject to the county making all of the following findings concurrent with project approval:

• A. Feasible measures will be implemented to mitigate the project's significant adverse impacts, if any, on adjoining or nearby agricultural or timberlands and operations and to minimize the likelihood of those lands converting to nonagricultural or non-timberland uses.

• B. Any parcels subject to the county action remain suitable for rural ranchettes, limited animal husbandry, and family garden, orchard, or supplementary agricultural income.

• (Ord. 1777 § 2 (part), 2018)

Approval of discretionary use permits and subdivisions of ten lots or more is subject to the county making all of the following findings concurrent with project approval:

• A. The project has specific, measurable public benefits that outweigh its harm to the county's sensitive biological resources identified as special status, sensitive natural communities, jurisdictional wetlands and state-identified wildlife corridors.

• B. Where avoidance of adverse impacts to these biological resources is infeasible, such impacts will be mitigated to the extent feasible.

• C. Native trees and tree canopies will be maintained to the extent feasible unless removal or modification is required to comply with fire-safe building standards or to otherwise protect lives and property.

• D. New residential, commercial, industrial, or agricultural structures, excluding bridges and appurtenant roads constructed in compliance with state standards, shall meet the following

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County of Amador, CA § 19.50.040

AMADOR COUNTY CODE

§ 19.50.040

standards:

1. The structure is set back one hundred feet on either side of year-round and perennial streams or fifty feet from intermittent streams, where an "intermittent stream" is defined as a stream that may receive appreciable quantities of water from numerous sources including snowmelt and groundwater, and that ceases to flow during dry periods.

2. In the event that a structure cannot meet the above standard, the applicant may apply for a variance for the structure subject to a finding that the structure cannot feasibly be relocated on the parcel to avoid adverse impacts to aquatic resources, in which case any adverse impacts shall be mitigated to ensure no net loss of riparian habitat consistent with adopted general plan EIR Mitigation Measure 4.4-2: Riparian Habitat Protection reproduced below in full.

Mitigation Measure 4.4-2: Riparian Habitat Protection

If projects require encroachment into the riparian habitat, project applicants will be required to develop a riparian habitat mitigation plan. The mitigation plan will include the following:

• implementation of Best Management Practices (BMPs) while working near riparian habitats to avoid inadvertent damage to riparian vegetation to be retained. BMPs will include establishment of nodisturbance buffers around the outer edge of the riparian vegetation to prevent root and crown damage, soil compaction, and implementation of standard BMPs to reduce erosion and water quality impacts, and introduction and spread of invasive species. Exceptions to riparian buffers will be granted to permit necessary road and bridge repair and construction, trails construction, and other recreational access structures that are water dependent, such as docks and piers;

prevent root and crown damage, soil compaction, and implementation of standard BMPs to reduce erosion and water quality impacts, and introduction and spread of invasive species. Exceptions to riparian buffers will be granted to permit necessary road and bridge repair and construction, trails construction, and other recreational access structures that are water dependent, such as docks and piers;

• methods to be implemented to avoid and/or compensate for impacts on riparian habitat at a ratio adequate to offset the loss of riparian habitat functions and values. At a minimum, riparian habitat losses will be compensated at a 1:1 ratio;

• identification of mitigation sites and criteria for selecting these sites;

• site-specific management procedures to benefit establishment and maintenance of native riparian plant species;

• monitoring protocol, including schedule and annual report requirements (compensatory riparian habitats shall be monitored for a minimum period of five years);

• ecological performance standards and corrective measures if performance standards are not met;

• responsible parties for monitoring and preparing reports; and

• responsible parties for receiving and reviewing reports and for verifying success or prescribing implementation or corrective actions.

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County of Amador, CA

ZONING

§ 19.50.040

§ 19.50.050

Mitigation may be accomplished through preservation, replacement, restoration or enhancement of degraded habitat, reestablishing riparian vegetation in areas that historically supported it, or purchase of credits at an established mitigation bank, such as the Cosumnes Floodplain Mitigation Bank. Compensatory mitigation will be provided within Amador County to the extent feasible and available; however, certain impacts may be compensated at an agency-approved mitigation bank in an adjacent county if required by CDFW and an agencyapproved mitigation bank is not available in Amador County. If a proposed project requires work on the bed or bank of a stream, or other water body, the project applicant will also obtain a streambed alteration agreement under Section 1602 of the Fish and Game Code from CDFW prior to project implementation, and will implement all requirements of the agreement in the timeframes required therein.

(Ord. 1777 § 2 (part), 2018)

Before approving any new commercial development of five thousand square feet or more that is a discretionary decision, the county shall require and review an applicant-funded analysis of the development's economic impact on the viability of existing businesses, conducted by a qualified, county-selected consultant. Such an analysis shall be part of the public record for the project. (Ord. 1777 § 2 (part), 2018)

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County of Amador, CA

ZONING

§ 19.52.010

§ 19.52.050

CHAPTER 19.52 VARIANCES

Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this title may result from the strict application of certain provisions thereof, variance may be granted as provided in this chapter, but in no case shall a variance be approved to allow a change in the use of land or buildings.

(Ord. 351 § 13(part), 1962)

Application for variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by the required fee, no part of which shall be returnable to the applicant and by statement, plans and other evidence showing:

• A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereof authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situate;

• B. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

• (Ord. 898 § 3, 1982)

A public hearing shall be held on any application for a variance. The planning commission shall give notice thereof as required by California Government Code Section 65090 et seq., as may be amended or renumbered.

(Ord. 1701 § 2, 2010; Ord. 351 § 13.2, 1962)

After conclusion of the public hearing, the planning commission shall make a written finding of facts whether the qualifications under Section 19.52.020 apply to the land, building or use for which variance is sought and whether such variance shall be in harmony with the general purposes of this title. Such written finding of facts shall be submitted to the board of supervisors. (Ord. 351 § 13.3, 1962)

The board of supervisors shall consider the variance application within sixty days after receipt of the planning commission report and if the board of supervisors finds that the qualifications under Section 19.52.020 apply to the land, building or use for which variance is sought, and that such variance is in harmony with the general purposes of this title, said board shall grant such variance. The board may designate such conditions in connection with the variance as it may deem necessary to secure the purposes of this title and may require guarantees and evidence.

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County of Amador, CA

ZONING

§ 19.52.050

§ 19.52.070

(Ord. 351 § 13.4, 1962)

• A. In any case, where the conditions of granting of a variance have not or are not complied with, the planning commission shall give notice to the permittee (of intention to revoke such variance) at least ten days prior to a hearing thereon. After conclusion of the hearing, the planning commission may revoke such variance. Such revocation shall be subject to confirmation by the board of supervisors.

• B. In any case, where a variance has not been used within one year after a date of granting thereof, then without further action by the planning commission or board of supervisors, the variance granted shall be null and void.

• (Ord. 351 § 13.5, 1962)

No building or zoning permit shall be issued unless in accordance with the conditions and terms of the variance granted.

(Ord. 351 § 13.6, 1962)

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County of Amador, CA

ZONING

§ 19.56.010

§ 19.56.045

CHAPTER 19.56 USE PERMITS

Use permits, revocable, conditional, or valid for a term period may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. (Ord. 351 § 14(part), 1962)

Application for use permit shall be made to the planning commission in writing on a form prescribed by the commission and shall be accompanied by plans and elevations necessary to show the detail of the proposed use or building. Such application shall be accompanied by the required fee, no part of which shall be returnable to the applicant. (Ord. 898 § 5, 1982)

The planning commission may hold a public hearing on any application for a use permit. The planning commission shall give notice thereof as required by California Government Code Section 65090 et seq., as may be amended or renumbered. (Ord. 1701 § 3, 2010; Ord. 351 § 14.2, 1962)

In order to grant any use permit, the findings of the planning commission shall be that the establishment, maintenance or operation of the use or building applied for will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county; provided, that if any proposed building or use is necessary for the public health, safety and general welfare, the finding shall be to that effect. The planning commission may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title, and may require such guarantees and evidences that such conditions are being or will be complied with.

If the planning commission finds that the carrying out of the proposed use may cause injury or damage beyond normal wear and tear to any county road, or may impair the public's use thereof, or may endanger persons or property on or adjacent to any county road, the planning commission shall require as a condition to the issuance of any use permit that the applicant and the board of supervisors enter into an agreement which may reasonably restrict the use of said roads by the applicant in carrying out the proposed use to the extent necessary to protect said roads, persons, and property. Said agreement may require the applicant to pay for such injury or damage proximately caused by the carrying out of the permitted use and for any special maintenance of or improvements to said roads made necessary by the carrying out of the permitted use. No use permit which requires the formation of an agreement with said board of supervisors as described in this section shall be effective until said agreement has been finalized. (Ord. 537 § 1, 1975; Ord. 351 § 14.3, 1962)

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County of Amador, CA

ZONING

§ 19.56.045

§ 19.56.060

Whenever a use permit is approved by the planning commission with a condition that a change in the parcel's zoning and/or general plan designation be approved or reviewed by the board of supervisors before the use permit becomes effective, the hearing by said board on the required zoning and/or general plan change shall be deemed to be a de novo appeal from the planning commission's granting of the use permit, so that at said hearing said board may add, delete or modify conditions of the use permit or deny said use permit in its entirety. (Ord. 1136 § 1, 1987)

• A. An interested person is any individual, public entity, public agency, corporation, or association who has, or any of whose constituents, shareholders or members has, a substantial interest which is or may be adversely affected by the action of the planning commission. The head of any county department whose department's (written and filed) policy, program, goal or position is not implemented by the planning commission's action, and any member of the board of supervisors acting in the public interest, is an interested person for the purpose set forth in this section.

• B. Any interested person not satisfied with the action of the planning commission may within ten days of said action appeal in writing to the board of supervisors. Such request shall be filed with the clerk of the board. Each person so appealing shall pay the required fee to said clerk.

• C. The board shall thereupon set a date for the public hearing on the appeal and shall decide the matter as provided herein within forty-five days from the date of the filing of the appeal. If the board fails to decide the matter within said time, the decision of the planning commission shall thereupon be deemed final.

• D. If more than one appeal has been filed, the board shall consolidate the public hearing on such appeals. The clerk of the board shall give written notice of the public hearing to all persons appealing the same matter, to all other persons who have filed with the clerk of the board a request for special notice of any such hearing, and to all other persons entitled by law to notice, and, in addition, said clerk shall also publish and post general notice as provided in Section 19.56.030.

• E. After the hearing, which shall be de novo, the board shall grant, deny, or grant with such conditions as it deems just and appropriate, the use permit as requested from the planning commission by the applicant.

• F. No use permit granted by the planning commission shall be effective until the time allowed to file an appeal from the granting thereof has passed. The timely filing of an appeal shall automatically stay the effectiveness of the use permit until such time as the matter is decided by action of the board or by the expiration of the time within which the board must act.

• (Ord. 1189 § 2, 1988)

• A. In any case where the permittee has not substantially complied with the conditions of a use permit, the land use agency shall give writ ten notice by first-class mail to the permittee of

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County of Amador, CA

AMADOR COUNTY CODE

§ 19.56.060

§ 19.56.065

the alleged noncompliance, which notice shall state with specificity the respects in which the permittee is not in compliance, and shall give the permittee thirty days from the date of mailing said notice in which to comply with use permit conditions. If the permittee is not in compliance with the use permit conditions at the end of the thirty-day period, then grounds shall exist for the land use agency to commence use permit revocation proceedings pursuant to subsection C of this section.

• B. If the use permit approval contains conditions precedent to issuance of the permit, which conditions have not been satisfied within two years after the date of approval of the use permit, the permittee shall submit to the land use agency, on or before the two-year anniversary date of approval of the use permit, a written report explaining why the conditions precedent have not been satisfied, including any supporting photographs and/or documentation, which report shall show the progress made by the permittee toward satisfaction of the conditions precedent to issuance of the use permit, and an estimate of time necessary to comply with such conditions and obtain issuance of the use permit. Failure to timely submit such report to the land use agency, or failure to demonstrate satisfactory progress toward compliance with conditions precedent to issuance of a use permit, shall constitute grounds for the land use agency to commence use permit revocation proceedings pursuant to subsection C of this section.

• C. The procedure for revocation of use permits shall be as follows: upon a determination by the land use agency that grounds exist for revocation of a use permit, pursuant to either subsection A or B of this section, said agency shall send written notice by certified mail, return receipt requested, to the permittee at the last known address given by the permittee to the land use agency. Such notice shall specify the grounds upon which revocation of the use permit is sought, and shall state the date and time (not less than thirty days later than the date the notice was mailed) that the matter of the proposed revocation of the use permit shall be heard by the planning commission. At the conclusion of such hearing, the planning commission may or may not revoke the use permit. The determination of the planning commission to revoke or not revoke the use permit shall be subject to appeal by any interested party in the manner specified in Section 19.64.040 of this title.

• (Ord. 1384 § 3, 1995)

In addition to those instances in which a use permit is required elsewhere in this code, a use permit shall be required for:

• A. Any substantial amendment to a prior approved use permit, including but not limited to a requested change in conditions;

• B. Any addition to or expansion of a use operating pursuant to a prior approved use permit;

• C. Any addition to or expansion of a use requiring but not operating pursuant to a use permit because said use predates the zoning requiring a use permit.

• (Ord. 1136 § 2, 1987)

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County of Amador, CA

ZONING

§ 19.60.010

§ 19.60.050

CHAPTER 19.60 NONCONFORMING USES

The lawful use of land or buildings existing on the effective date of areas zoned or rezoned under Title 19 (Zoning) of this code, although such use does not conform to the regulations specified in the district in which such land is located, is a nonconforming use and may be continued as hereinafter provided, except that any such use ceases for a period of two years, the subsequent use of such land shall be in conformity to the regulations specified for the district in which such land is located. When the planning department becomes aware of an abandonment of the nonconforming use it shall notify within thirty days the property owner of such opinion. (Ord. 1084 § 2(part), 1986)

Any use for which a use permit is required by the terms of this title shall be considered a nonconforming use unless and until a use permit is obtained in accordance with Chapter 19.56 of this code.

(Ord. 1084 § 2(part), 1986)

Lots or parcels having areas and/or dimensions which do not conform to the regulations of the zone district or general plan classification in which they are, or may hereafter be located, and which existed as recorded legal lots or parcels at the time they became subject to such regulations, or which have received a certificate of compliance from the Amador County board of supervisors, shall be considered as conforming and may be used subject to all other regulations of the zone in which they are located.

(Ord. 1084 § 2(part), 1986)

Nonconforming uses shall not be enlarged, increased or extended to occupy a greater area than that occupied by such use at the effective date such use became a nonconforming use except that:

• A. The property owner of a nonconforming use may request an interpretation of such proposed enlargement, increase or extension pursuant to Chapter 19.64 (Appeals) of this code. It may be found and this code interpreted that the enlargement, increase or extension, if confined within the same building or area, is in conformance with these regulations. The interpretation is solely at the discretion of the county.

• B. The enlargement, increase or extension of a nonconforming use building may be allowed, provided such enlargement, increase or extension does not consist of more than ten percent of the total floor area of the building.

• (Ord. 1084 § 2(part), 1986)

Ordinary maintenance and repairs may be made to any nonconforming building. Structural alterations may be made, including complete remodeling and renovation of the building. When

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County of Amador, CA § 19.60.050

AMADOR COUNTY CODE

§ 19.60.090

the complete remodeling or renovation of a building is proposed, the county may, at its discretion, require that the structure meet all yard setback requirements of this code and be removed from any easements of record.

(Ord. 1084 § 2(part), 1986)

If at any time any nonconforming building is damaged or destroyed by fire, explosion, act of God, or act of the public enemy, such building may be rebuilt; provided, that a building permit is first obtained. The provisions of Sections 19.60.040 and 19.60.050 shall apply to damaged or destroyed buildings.

(Ord. 1084 § 2(part), 1986)

The nonconforming use of a building may be changed to a use which is found to be similar or more restrictive in nature.

(Ord. 1084 § 2(part), 1986)

Nothing contained in this title shall be deemed to require any change in the plans, construction or designated use of any building upon which actual construction was lawfully begun prior to the effective date the district was established creating the nonconforming use. "Actual construction" is defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner; actual work in excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding; provided, that in all cases, actual construction work shall be diligently carried on until the completion of the building or structure involved. (Ord. 1084 § 2(part), 1986)

The provisions of this chapter shall also apply to nonconforming uses in districts hereafter changed.

(Ord. 1084 § 2(part), 1986)

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County of Amador, CA

ZONING

§ 19.64.010

§ 19.64.040

CHAPTER 19.64 APPEALS

The planning commission shall have the power to hear and decide appeals based on the enforcement of this title, or the interpretation of the provisions thereof.

On occasion, the County Code authorizes planning department staff to issue use permits. When the planning department receives an application for a staff-level use permit, the planning department shall provide public notice of such application in the manner described in Chapter 19.56. Such notice shall indicate the intent of the planning department to grant the use permit without a hearing unless sufficient reasons are provided not to grant the use permit. A description of the appeals process (this chapter) shall be contained within the notice. The planning department shall decide upon the use permit application within ten days after the notice is mailed. The planning department decision to issue the use permit is appealable to the planning commission as set forth in Section 19.64.020, and shall become final if an appeal is not filed within ten days of the planning department decision.

(Ord. 1846 § 1, 2024; Ord. 351 § 16(part), 1962)

Applications with the required fee for appeal or interpretation shall be made in writing to the planning commission. The applicant shall state the basis for appeal or interpretation in the application.

(Ord. 1846 § 1, 2024; Ord. 898 § 10, 1982)

The planning commission shall consider the application and render its decision within sixty days after the receipt thereof.

(Ord. 1846 § 1, 2024; Ord. 351 § 16.2, 1962)

In case the applicant is not satisfied with the decision of the planning commission he may, within ten days, appeal in writing to the board of supervisors. A copy of such appeal shall be submitted by the applicant to the planning commission. The board of supervisors shall render its decision within sixty days after receipt by the board and the planning commission of such appeal. (Ord. 351 § 16.3, 1962)

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County of Amador, CA

ZONING

§ 19.68.010

§ 19.68.050

CHAPTER 19.68 AMENDMENTS

This title may be amended by changing the boundaries of districts or by changing any other provision thereof whenever the public necessity and convenience and the general welfare require such amendment by following the procedure of this chapter. (Ord. 351 § 17(part), 1962)

An amendment may be initiated by:

• A. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and it shall be accompanied by the required filing fee, no part of which shall be returnable to the petitioner;

• B. Resolution of intention by the board of supervisors;

• C. Resolution of intention by the planning commission. (Ord. 898 § 12, 1982)

The planning commission shall hold at least one public hearing on any proposed amendment. The planning commission shall give notice thereof as required by California Government Code Section 65090 et seq., as may be amended or renumbered.

(Ord. 1701 § 2, 2010; Ord. 351 § 17.2, 1962)

Following the aforesaid hearing, the planning commission shall make a report of findings and recommendations with respect to the proposed amendment and shall file with the board of supervisors an attested copy of such report within ninety days after the notice of said hearings; provided, that such time limit may be extended upon mutual agreement of the parties having an interest in the proceedings.

(Ord. 351 § 17.3, 1962)

• A. Upon receipt of such report from the planning commission, the board of supervisors shall set the matter for public hearing, and shall give notice thereof by one publication in a newspaper of general circulation within the county at least ten days prior to such hearing. After conclusion of the hearing, the board may adopt the proposed amendment or any part thereof in such form as said board may deem advisable.

• B. The decision of the board shall be rendered within ninety days after the receipt of a report and recommendation from the planning commission. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon the written application of a majority of all the persons who signed such petition. The board or the

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County of Amador, CA

ZONING

§ 19.68.050

§ 19.68.050

planning commission, as the case may be, may by resolution abandon any proceedings for an amendment initiated by its own resolution of intention; provided, that such abandonment may be made only when such proceedings are before such body for consideration and provided that any hearing of which public notice has been given shall be held. (Ord. 351 § 17.4, 1962)

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County of Amador, CA

ZONING

§ 19.72.010

§ 19.72.040