Calaveras County Municipal Code Ch. 17.04 Resource Zones

The purposes of the resource zones are as follows:

General Forest (GF) Zone. The GF Zone is intended to provide a resource production zone for commercial timber production and related uses. This zone is compatible with the resource management, resource production, and working lands general plan land use categories.

Timber Production (TP) Zone. The purpose of the TP zone is to implement the provisions of the Z'Berg, Warren, Collier Forest Taxation Reform Act as amended and stated in the California Government Code. Lands in the TP Zone are commonly known as timber preserves. Such land is intended for the primary and productive use of timber resources, including timber and wildlife management. While such lands also provide open space this secondary purpose is not to limit or constrain the ability of the property owners to utilize the land in an efficient and productive manner. No development found incompatible with the primary purposes of timber production shall be permitted in the TP zone. This zone is compatible with the resource management, resource production, and working lands general plan land use categories.

General Agriculture (A1) Zone. The A1 zone is intended to be the main resource production zone. It is to classify areas for general farming and ranching practices and assign such uses the primary emphasis for the area. It is the purpose of the A1 zone that residential uses are placed in a position of secondary importance when compared to the commercial scale production of food and fiber. This zone is compatible with the resource management, resource production, and working lands general plan land use categories.

Agriculture Preserve (AP) Zone. The purpose of the AP zone is to protect and preserve lands for intensive agriculture and ranching production. Agriculture preserve zoning applies to lands for which a Williamson Act contract has been executed. The AP zone may also be utilized for open space protection and preservation under the Williamson Act. All the permitted and conditional uses allowed in the AP zone, when developed and operated in conformance with this title and county rules administering agricultural preserves and Williamson Act Contracts, are determined by the board of supervisors to be compatible with the definition of agricultural, recreational or open space use of the land and thus a use authorized in the AP zone and for lands under a Williamson Act Contract. This zone is compatible with the resource management, resource production, and working lands, rural transition, and rural residential general plan land use categories.

Residential Agriculture (RA) Zone. The RA zone is intended to be a zone that accommodates both residential and agricultural uses. The RA zone is to provide lands for small-scale and personal-scale farming and ranching, as well as larger residential parcels. This zone is compatible with the working lands and rural transition general plan land use categories.

Land use regulations for the resource zones are established in Table 17.04.020: Land Use Regulations - Resource Zones, and as specifically stated in any other part of this zoning code. Land uses are defined in Chapter 17.42, Use Classifications. In cases where a specific land use or activity is not defined, the planning director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the table or specifically allowed pursuant to this Code and not substantially similar to the uses that are allowed are prohibited. Section numbers in the right-hand column refer to other sections of this title. Numbers in parentheses refer to specific limitations listed at the end of the table.

TABLE 17.04.020: LAND USE REGULATIONS - RESOURCE ZONES "P" =Permitted Use; "A" = administrative use permit required; "C" = conditional use permit required; "T" = Temporary Use Permit required; "-" = use not allowed

Table 17.04.030, Development Regulations—Resource Zones, prescribes the development regulations for the resource zones. Section numbers in the Additional Regulations column refer to other sections of this title.

TABLE 17.04.030: DEVELOPMENT STANDARDS - RESOURCE ZONES

A. Road Maintenance. Road maintenance in resource zones is required as follows.

1. administrative use permit Required for Nonresidential Uses. Any permitted use, beyond that legally existing at the time of adoption of the Ordinance codified in this section, having legal access on or over roads maintained by a county service area, a community service district, a recorded road maintenance agreement or pursuant to Civil Code Section 845, may, to the extent allowed by the grant of access, generate additional traffic on those roads. Prior to commencing any nonresidential permitted use, the proponent of the nonresidential permitted use shall secure an administrative use permit to address the permitted use's road impacts only, unless the proponent can demonstrate that the proposed use will not generate traffic in excess of permitted residential uses. To demonstrate the absence of any additional traffic, the proponent shall estimate the Average Daily Traffic (ADT) that will be generated by the permitted use over a one-month time period. If this estimate indicates that traffic generated by such use is less than the ADT generated by a single-family residence (currently seven and one-half ADT), then an administrative use permit will not be required.

2. Road Maintenance Fee. As a condition of approval of the administrative use permit, the proponent of the use shall be required to pay a road maintenance fee to mitigate the impacts caused by the use. This condition of approval is intended to protect the public health, safety and welfare. Such fees shall be paid as follows:

a. The fee shall be calculated based on the ADT of the use divided by the ADT generated by a single-family residence (seven and one-half ADT) and multiplying the annual fee paid by a single-family residence in the area by this proportional factor. Determination of the ADT generated by the use shall be supported by substantial evidence, as approved by the public works department.

b. Road maintenance fees for uses having legal access on roads maintained by a county service area shall be paid to the county auditor's office and deposited in the appropriate account, as specified in the condition of approval in the administrative use permit. Evidence of such deposit shall be provided to the planning department prior to the commencement of the use.

c. Road maintenance fees for uses having legal access on roads maintained by a community service district shall be paid to the community service district, as specified in the condition of approval in the administrative use permit. Evidence of such deposit shall be provided to the planning department prior to the commencement of the use.

3. Private Roads. Proponents of uses having legal access over private roads not maintained by the county, or a local agency, shall do one of the following:

a. Enter into any existing road maintenance agreement for the road(s) providing access to the use.

b. Amend any existing road maintenance agreement to which the proponent of the use is already a party to in order to provide for an additional road maintenance fee for the use.

c. If there is no existing road maintenance agreement, record a road maintenance agreement for that portion of the road located on the real property where the use is located.

d. Evidence of compliance with any of the above-stated options shall be provided to the planning department prior to the commencement of the use.

4. Enforcement. Failure to obtain an administrative use permit under this section may result in initiation of code compliance proceedings or other remedies, including, but not limited to, the remedies specified in Chapter 17.41, Enforcement, and may require the proponent of the permitted use to pay a road impact fee for the impact caused by the use that was conducted in violation of this section.

B. Agricultural preserves, AP Zone. All use of land within the AP Zone shall be developed and operated in conformance with this title and county rules administering agricultural preserves and Williamson Act Contracts. Parcels within an agricultural preserve or Williamson Act contract may be subject to additional use restrictions under the county's Williamson Act program.

1. Use of land of parcels within an agricultural preserve or Williamson Act contract shall be consistent with compatible uses as established by resolution of the board of supervisors, and as amended by subsequent resolution and/or ordinance.

2. Agricultural accessory uses are allowed where no more than three percent of the total land of the agricultural operation or 10 acres, whichever is less, is dedicated to a non-agricultural use. A conditional use permit may be approved to allow additional agricultural accessory uses where the decision maker finds the accessory uses are clearly subordinate to a primary agricultural use on-site and the proposed use conforms with county rules administering agricultural preserves and Williamson Act Contracts.

C. TP Zone. The following standards and requirements apply to all land in, or proposed to be within, the TP Zone.

1. Timber Taxation Reform Act. The following requirements authorized by the Timber Taxation Reform Act as amended shall apply:

a. All parcels in the TP Zone shall meet the definition of "timberland" pursuant to Section 51104 (F) of the California Government Code.

b. Use of land within the TP Zone shall be consistent with compatible uses as established by Resolution 76-373 of the board of supervisors, and as amended by subsequent resolution and/or ordinance.

c. Upon the effective date of the Ordinance codified in this section, any owner of record may make application to the board of supervisors to zone such land into the TP Zone.

d. Application procedures shall be established in this title and California Government Code Section 51113, including the following additional criteria:

i. The application shall include a map showing the perimeter boundaries of the parcel(s) to be included in the TP Zone, with all assessor parcel numbers indicated on the map.

ii. The application shall include a timber management plan prepared over the signature of a registered professional forester in conformance with the requirements of the board of forestry.

iii. The parcel(s) shall meet the requirements of the Forest Practices Act, and if applicable, the requirements of California Public Resources Code Section 4031.

iv. The land shall meet the requirements of Section 434 of the California Revenue and Taxation Code, the land area shall be dedicated to the growth, management and production of timber resources, or the land shall be within a program approved by the board of forestry under CFIP.

e. Parcels included in the TP Zone shall be zoned as such for a rolling period of ten years from the ordinance effective date. On the first, and all subsequent anniversary dates of the ordinance, the ten-year period shall be extended by one year, unless a notice of cancellation and rezoning is approved as provided in the Act, as amended.

2. Subdivision. Parcels in the TP Zone shall not be subdivided into lots of less than 160 acres unless a finding is substantiated that the timber management plan has been amended to include the proposed new parcels in a plan meeting the requirements of the Act, and further provided that such subdivision and plan amendment are approved by a four-fifths vote of the board of supervisors.