20.39 NH - Natural Hazard Area District

20.39.20 The Principal Permitted Use

20.39.30 Uses Permitted With A Use Permit 20.39.40 Application For Use Permit 20.39.50 Incentive For Open Space

Natural hazard areas are identified as potential natural hazard areas that are recommended for open space or very low density/intensity use. It is the intent of this chapter to accomplish the following objectives, thereby promoting public health, safety and general welfare and reduce risk to life and property:

1. Supplement the adopted county flood hazard ordinance.

2. Limit alterations to the conveyance capacity of water courses.

3. Implement the adopted county drainage study/plan.

4. Reduce risks related to seismic hazards identified by the county's seismic safety element.

5. Minimize direct and indirect costs to governmental agencies and adjacent property owners caused by development in natural hazard areas.

• (Ord. 87 20 Exh. A (part), 1987)

The principal permitted use includes uses such as:

1. Utility lines and maintenance of utility corridors.

2. Day use public recreational facilities requiring little or no alteration to the existing land or soil.

3. Public owned directional or site identification signs.

4. Emergency work necessary to preserve life or property during a hazard situation such as following, landslide or windstorm.

5. Maintenance of existing vegetation which does not result in the disturbance of the ground soil (trimming, clipping, limbing, mowing, etc.).

- (Ord. 87 20 Exh. A (part), 1987)

1. The county may consider issuance of a use permit which includes one or more of the below listed items, including uses which are compatible with adjacent zoning and land use plan designations, in the natural hazard area subject to finding all of these determinations of fact:

   1. The environmental hazard(s) have been mitigated to a point where no significant risk to life and property exists; and

   2. Adjacent, upstream and downstream, private and public lands have been reasonably protected from direct and indirect impacts resulting from the alteration of the natural hazard area; and

   3. Each of the objectives identified in the intent section of this chapter has been adequately addressed.

2. Uses permitted with a use permit shall be as follows:

   1. The deposit or removal of any natural or man-made material within the natural hazard area zoning district except as outlined in Section 20.39.20 above;

   2. The alteration or disturbance of any embankment, land-form or watercourse within the natural hazard area zoning district;

   3. The construction or alteration of any structure within, upon or across the natural hazard area zoning district.

• (Ord. 87 20 Exh. A (part), 1987)

An application for a use permit shall include, at a minimum:

1. A map of the site at a scale of one inch equals one hundred feet which shows existing topography, vegetation and drainage patterns along with the proposed actions within the natural hazard area (soil disturbance, construction, etc.).

2. Cross-sections of the project area of sufficient detail to show existing and proposed changes.

3. A description of future uses or structures proposed in the project area if not a part of the project.

4. A cost estimate of the proposed project and any subsequent uses/structures proposed for the project area if not a part of the project.

Where necessary, information may be needed to be prepared by a California registered engineer. Additional information may be required on a case-by-case basis. All projects shall be subject to public hearing review.

• (Ord. 87 20 Exh. A (part), 1987)

Where the property owner chooses, they may offer to the county or another public agency an easement, the ownership or another acceptable method of open space dedication for that portion of their property designated as natural hazard area. In such cases the county shall provide the property owner with a development agreement which provides for residential development credit above that permitted by the general plan on the adjacent nonhazard area of the property. This provision shall be subject to meeting all of the following criteria:

1. The offered lands within the natural hazard area zone district shall be substantially in a natural undisturbed state; and

2. The offer for dedication and development agreement shall be negotiated with the county and be approved by the board of supervisors prior to recordation of the dedication. The development agreement shall be recorded at the same time as the dedication; and

3. The residential density shall be calculated based on the area zoned natural hazard area which is to be dedicated only; and

4. The density granted shall not exceed one-third of the density which would be permitted if the natural hazard area were designated the same land use as the adjacent area. Where the adjacent area is designated for residential use its density shall be used. If the adjacent area is designated for commercial use, twelve units per acre shall be used as the typical commercial area density. Where two designations are adjacent the lower density shall be used as typical however the additional units may be located in either area; and

5. The additional development agreement units shall be located only on immediately adjacent lands owned by the same property owner which are not in the natural hazard area. The units may not be applied to lands not adjacent nor to lands owned by another party. However, provision may be made in the development agreement permitting the right to the additional units to transfer with property title if the owner wished to sell at a later date.

• (Ord. 87 20 Exh. A (part), 1987)

20.40 FP-2 District - Flood Overflow Area Properties 20.40.10 Purpose 20.40.20 Permitted Uses 20.40.30 Uses Permitted With Use Permit