Del Norte County Municipal Code § 21.11 RCA1 General Resource Conservation Area District 21.11.10 Intent

Resource conservation areas are those environmentally sensitive habitat areas which are identified by the General Plan Coastal Element as wetlands, farmed wetlands, riparian vegetation, estuary and coastal sand dunes. The general resource conservation area zone is intended to designate those resource conservation areas which require further data, particularly mapping, prior to new or additional development and to serve as a transition zone until such data is made available, reviewed and adopted by the county. Changes of zone from general resource conservation area to another classification are to be made subject to the requirements of Section 21.11.60 herein and only where such uses are in accord with the General Plan or adopted specific plan.

For the purposes of Section 21.52.20(A)(4), the general resource conservation area uses listed under the principal permitted use section herein, shall be considered as the principal permitted use in the California Coastal Zone. Variances and adjustments to the district's requirements and standards shall not be considered a principal permitted use for the purposes of Section 21.52.20(A)(4).

The regulations set forth in this chapter apply in all RCA1 districts and are subject to the provisions of Chapters 21.02 through 21.60.

(Ord. 83-03 (part))

This zone shall be applied to those parcels or portions of parcels adjacent to or within the resource conservation areas which are identified by the General Plan Coastal Element for which the requirements of Section 21.11.60 have not been met.

(Ord. 83-03 (part))

The principal permitted resource conservation area - general use includes:

1. Fish and wildlife management.

2. Nature study.

3. Hunting and fishing including development of duck blinds and similar minor facilities.

4. Maintenance of existing flood drainage control and drainage channels.

5. Removal of windblown trees which threaten an existing structure.

(Ord. 86-04 (part), 1986: Ord. 83-03 (part))

Uses permitted with a use permit include:

1. Wetland restoration per Section 21.11A.70.

(Ord. 83-03 (part))

Development which exists on a parcel at the time of the application of this chapter to that parcel shall be considered a nonconforming use. Any property owner/applicant considering an expansion of or change in such development should consider the rezoning of the property pursuant to Section 21.11.60 to determine whether the project would be consistent after rezoning. Where such a rezoning is not found to be feasible, an application may be submitted pursuant to Section 21.48.50(E) which shall include the supplemental information required by section 21.11A.50.

(Ord. 86-04 (part), 1986: Ord. 83-03 (part))

The rezoning of a parcel or parcels designated as RCA may be considered subject to the requirements of Chapters 21.50 and 21.50B and the special requirements listed in this section.

1. Mapping. In order to determine the actual boundary of the resource conservation area and the location of any buffer zone which may be required for it, supplemental mapping shall be submitted as a part of the rezoning application, including:

   1. Topographic Base Map. The base map should be at a scale sufficiently large to permit clear and accurate depiction of vegetation associations and soil types in relation to any and all proposed development (normally the scale required will be one inch equals two hundred feet). Contour intervals should be five feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date). The map should show the following information:

      1. Boundary lines of the applicant's property and adjacent property, including assessor's parcel numbers, as well as the boundaries of any tidelands, submerged lands or public trust lands, per Section 21.50.40.

      2. Names and locations of adjacent or nearby roads, streets or highways, and other important geographic, topographic and physical features such as streams, bluffs or steep slopes.

      3. Location and elevation of any levees, dikes or flood-control channels.

      4. Location, size and invert elevation of any culverts or tide gates.

      5. Existing development (structures, agricultural areas, etc.).

   2. Inundation Map. For nontidal wetlands, a map should be prepared indicating permanent or seasonal patterns of inundation (including sources) in a year of normal rainfall.

   3. Vegetation Map. Location and names of dominant plant species (e.g., Saliconia Virginica) and vegetation associations (e.g., saltmarsh).

   4. Soils Map. If no soil survey is available, a soils map should be prepared and should show the location of soil types and include a physical description of their characteristics.

2. Supplemental Information. Where development is proposed in conjunction with the rezoning, a supplement information report may be required pursuant to Section 21.11A.50.

3. Review. Upon receipt of a complete rezoning application and prior to any public hearing the county shall submit the above information to the California Department of Fish and Game for review. The Department of Fish and Game shall have up to fifteen days upon receipt of the county notice to review and comment. This requirement does not supersede any other review requirements, such as those of the California Environmental Quality Act, and may be carried out in conjunction with any other review which meets or exceeds the fifteen-day time period

4. Findings and Disposition.

5. The county's determination regarding the rezoning shall be based upon specific findings as to whether the area is or is not a resource conservation and/or a wetland buffer area based on the General Plan Coastal Element Criteria and California Coastal Commission's "Statewide Interpretive Guidelines for Wetlands and Other Wet Environmentally Sensitive Habitat Areas" as adopted February 4, 1981.

   2. Where it is found that all or a portion of a parcel is in a resource conservation area and/or is in any wetland buffer required by Section 21.11A.20(B) said parcel or portion of a parcel shall be rezoned to RCA2 with a parenthetical reference as to the type of resource conservation area, i.e., wetland (w), farmed wetland (fw), estuary (e), riparian vegetation (r), coastal sand dunes (sd) or wetland buffer (wb). Where more than one type exists, the distinction shall be noted on the zoning map.

   3. Where it is found that all or a portion of a parcel is not in a resource conservation area and/or any required wetland buffer, a finding shall be made that the non-RCA area is within the abutting General Plan land use classification and said parcel or portion of parcel shall be rezoned to another zoning classification which is in accord with the General Plan or adopted specific plan as set forth in Chapters 21.51A and 21.51B.

   4. Where parcels totally within the RCA2 zone are contiguous with a parcel outside or partly outside of the RCA2 area, and where all of these parcels have a single owner, said parcels shall be merged at the time the RCA2 zoning is placed in effect upon the properties.

(Ord. 83-03 (part))

21.11A RCA2 Designated Resource Conservation Area District 21.11A.10 Intent 21.11A.20 Applicability 21.11A.30 The Principal Permitted Use 21.11A.40 Uses Permitted With A Use Permit 21.11A.50 Minimum Lot Areas 21.11A.60 Supplemental Application Data 21.11A.70 Requirements For All Permitted Development

21.11A.80 Wetland Restoration Guidelines

21.11A.10 Intent

Resource conservation areas are those environmentally sensitive habitat areas which are identified by the General Plan Coastal Element as wetlands, farmed wetlands, riparian vegetation, estuary and coastal sand dunes. The designated resource conservation area zone is intended to designate the location and type of resource conservation areas for which specific data has been reviewed, set forth uses and development guidelines for the various sensitive habitat areas and establish any special requirements for development permits in order to protect and enhance the quality and productivity of these sensitive resource areas as mandated by state and federal regulations. Changes of zone from designated resource conservation area to another classification are to be made subject to the requirements of Section 21.11.60 and only where such uses are in accord with the General Plan or adopted specific plan.

For the purposes of Section 21.52.20(A)(4), the designated resource conservation area uses listed under the principal permitted use section herein shall be considered as the principal permitted use in the California Coastal Zone. Variances and adjustments to the district's requirements and standards shall not be considered a principal permitted use for the purposes of Section 21.52.20(A)(4).

The regulations set forth in this chapter apply in all RCA2 districts and are subject to the provisions of Chapters 21.02 through 21.60.

(Ord. 83-03 (part))

21.11A.20 Applicability

1. This zone shall be applied to those parcels and/or portion of parcels located within the resource conservation areas which are identified by the General Plan Coastal Element and for which the requirements of Section 21.11.60 have been met.

2. This zone shall also be applied to buffer areas which shall be established around wetlands between the edge of the wetland and any future and/or existing development. Such wetland buffers shall be one hundred feet in width unless a determination of no adverse impact upon the wetland is made, in which case a buffer of less than one hundred feet may be utilized. Such a determination is to be made based upon data submitted pursuant to Section 21.11.60 and shall include consideration of the following factors:

   1. That the most sensitive species of plants and/or animals will not be significantly disturbed based upon:

      1. Habitat requirements of resident and/or migratory fish and wildlife for nesting, feeding, breeding, etc.

      2. Assessment of short and long term ability of plant or animal species to adapt to human disturbance.

   2. That where erosion impacts from the project may occur, adequate buffer is provided to allow for interception of eroded materials outside of the wetland area.

   3. That where natural or cultural features such as bluffs, hills, roads, dikes or irrigation canals exist they should be utilized in establishing the location of the buffer area and in separating development wetland areas. Natural features should be included within the buffer area, i.e., a buffer boundary which follows an embankment should be located at the top of the bank rather than the bottom. Cultural features should be located outside of the buffer boundary to avoid conflict regarding actions such as repair and maintenance.

      4. That where existing adjacent development is located closer to the wetland than one hundred feet or where the configuration of a legally created parcel is such that a building area of less than four thousand two hundred square feet would remain, reduction of the buffer could occur, however alternative mitigation measures (such as the planting or reversion to native vegetation) should be provided to ensure additional protection.

   4. At the time of application of the RCA2 district to a parcel a parenthetical reference as to the type of resource conservation area shall be noted, i.e., wetland (W), wetland buffer (WB), farmed wetland (FW), estuary (E), riparian vegetation (R), or coastal sand dunes (SD). Where more than one type exists the distinction shall be noted on the zoning map.

• (Ord. 83-03 (part))

21.11A.30 The Principal Permitted Use

1. The principal permitted designated resource conservation area (wetland) use includes uses such as: 1. Nature study, fish and wildlife management and hunting and fishing, including the development of minor facilities such as duck blinds.

2. The principal permitted designated resource conservation area (wetland buffer) use includes uses such as:

   1. Nature study, fish and wildlife management and hunting and fishing, including the development of minor facilities such as duck blinds.

3. The principal permitted designated resource conservation area (farmed wetland) use includes uses such as:

   1. Agricultural uses such as grazing and pastoral activities, the raising and harvesting of crops on cultivated land (cultivated within the prior ten years) and the maintenance and repair of existing dikes, levees, drainage ditches and other similar agricultural drainage systems.

   2. Nature study, fish and wildlife management and hunting and fishing, including the development of minor facilities such as duck blinds lookouts and unimproved trails.

4. The principal permitted designated resource conservation area (estuary) use includes uses such as:

   1. Nature study, fish and wildlife management and hunting and fishing, including the development of minor facilities such as duck blinds.

   2. Maintenance and improvement of boating facilities consistent with the General Plan policies.

5. The principal permitted designated resource conservation area (riparian) use includes uses such as:

   1. Nature study, fish and wildlife management and hunting and fishing, including the development of minor facilities such as duck blinds and recreational trails.

   2. Firewood removal by the owner for on-site residential use.

6. Commercial timber harvest of conifers pursuant to California Department of Forestry Forest Practice Rules for special treatment areas and stream protection zones and where:

   1. Heavy equipment is not used,

   2. At least fifty percent of the coniferous tree canopy and all of the hardwood tree canopy is retained.

   3. Wells, within rural areas.

   4. Maintenance of existing flood-control and drainage channels.

   5. Roads, road maintenance and repair. Where new stream crossings are proposed they shall be limited, when feasible, to right-angle crossings of the stream corridors.

7. The principal permitted designated resource conservation area (sand dunes) use includes:

   1. Nature study, fish and wildlife management and hunting and fishing, including the development of minor facilities such as duck blinds.

(Ord. 83-03 (part))

21.11A.40 Uses Permitted With A Use Permit

Uses permitted with a use permit include:

1. In all designations, a single-family residence and appurtenant structures where denial of such would otherwise substantially deny all reasonable use of the parcel and where such development will be sited and designed to prevent impacts which would significantly degrade the environmentally sensitive habitat area, except that where a transfer of development credit or system has been adopted as part of this title, no residential development shall be permitted.

2. In all designations, those recreational facilities included in a State Park and Recreation/Department of Fish and Game Master Plan which has been submitted and approved as an amendment to the General Plan Coastal Element.

3. In all designations, wetlands restoration subject to Section 21.11A.80.

4. In the wetlands, farmed wetlands, and estuary designations, diking, filling, or dredging shall be permitted in accordance with the provisions of the General Plan Coastal Element and Section 21.11A.70(B), where there is no feasible less environmentally damaging alternative and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to:

   1. New or expanded port, energy and coastal-dependent industrial facilities, including commercial fishing facilities.

   2. Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps.

   3. In wetland areas only, entrance channels for new or expanded boating facilities and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (B) of Section 30411 of the Public Resources Code for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland provided, however, that in no event shall the size of the wetland area used for such boating facility, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, be greater than twenty-five percent of the total wetland area to be restored.

   4. Incidental public service purposes, including, but not limited to, burying cables and pipes or inspection of pier and maintenance of existing intake and outfall lines.

   5. Mineral extraction, including sand for restoring beaches, pursuant to Chapter 7.36 of the Del Norte County Code.

   6. Restoration purposes.

   7. Nature study, aquaculture, or similar resource-dependent activities.

   8. In estuaries only, new or expanded boating facilities.

5. In estuary designations on the Smith and Klamath Rivers, channel navigation modifications which are seasonal and do not require construction of permanent facilities which will adversely affect the flow of the stream if the following determinations are made:

   1. The modifications are not permanent and will be removed before or during the following highwater period.

   2. The modifications are necessary to provide free movement of recreational and/or commercial boating.

   3. The project is consistent with all applicable local, state and federal laws and regulations.

(Ord. 83-03 (part))

21.11A.50 Minimum Lot Areas

1. No new development parcels shall be created totally within any RCA2 zone except that agricultural parcels not intended for residential development may be created subject to all applicable policies of the General Plan Coastal Element and the minimum parcel size of the adjacent agricultural land use designation and where the landowner records a covenant with the county which runs with the land prohibiting all buildings and limits the use to nonresidential development as set forth in this chapter.

2. Where parcels totally within any RCA2 zone are contiguous with a parcel outside or partly outside of the RCA2 zone, and where all of these parcels have a single owner, said parcels shall be merged at the time the RCA2 zoning is placed in effect upon the properties.

3. Where a portion of a parcel is partly outside of the RCA2 zone, only the acreage not in the RCA2 zone may be used in determining development density based on the non-RCA designation, except that those areas designated as a wetland buffer may be used in determining the development density.

4. Parcels may be created which include RCA land areas subject to the provision of a non-RCA area totaling at least fifty percent of the minimum lot size (as required by the non-RCA zone) for parcels designated as one unit/two acres or higher in density or a minimum of one acre for parcels designated as one unit/three acres or lower in density.

(Ord. 83-03 (part))

21.11A.60 Supplemental Application Data

Where development is proposed wholly or partially within a resource conservation area and/or any buffer which may be required for it, a supplemental information report may be required as part of the permit application. If such is required, it should investigate physical and biological features existing in the habitat area and evaluate the impact of the development on the existing ecosystem. The report should be based on onsite investigation, in addition to a review of the existing information on the area, and should be sufficiently detailed to enable the planning commission to determine potential immediate and long-range impacts of the proposed project.

The report should describe and analyze the following:

1. That information required in Section 21.11.60(A) which has not previously been reviewed and/or requires updating.

2. Present extent of the habitat, and if available, maps, photographs or drawings showing historical extent of the habitat area.

3. Previous and existing ecological conditions:

   1. The history, ecology and habitat requirements of the relevant resources, such as plants, fish and wildlife, in sufficient detail to permit a review of functional relationships (the maps described above may supply part of this information),

   2. Restoration potentials.

4. Present and potential adverse physical and biological impacts on the ecosystem.

5. Alternatives to the proposed development, including different projects and off-site alternatives.

6. Mitigation measures, including restoration measures and proposed buffer areas.

7. If the project includes dredging, explain the following:

   1. The purpose of the dredging,

   2. The existing and proposed depths,

   3. The volume (cubic yards) and area (acres or square feet) to be dredged,

   4. Location of dredging (e.g., estuaries, open coastal waters or streams),

   5. The location of proposed spoil disposal,

   6. The average grain size distribution of spoils,

   7. The occurrence of any pollutants in the dredge spoils.

8. If the project includes filling, identify the type of fill material to be used, including pilings or other structures, and specify the proposed location for the placement of the fill. The quantity to be used and the surface area to be covered and any proposed use of the fill area.

9. If the project includes diking, identify on a map the location, size (length, top and base width), depth and elevation of the proposed dike(s), as well as the location, size and invert elevation of any existing or proposed culverts or tide gates.

10. If the project is adjacent to a wetland or wetland buffer and may cause mud waves, a report shall be prepared by a qualified geotechnical engineer which explains ways to prevent or mitigate the problem.

11. Benchmark and survey data used to locate the project, the lines or highest tidal action, mean high tide, or other reference points applicable to the particular project.

(Ord. 83-03 (part))

21.11A.70 Requirements For All Permitted Development

1. Any development which is proposed must be a permitted use under Sections 21.11A.30 and 21.11A.40 and must meet all general requirements of the Del Norte County Code and the General Plan Coastal Element.

2. Where any dike and/or fill development is permitted in conformity with Section 21.11A.40(D) mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action concurrent with project construction provided however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of equivalent productive value or surface area (including any litigation and/or restoration costs) shall be dedicated to an appropriate public agency, or such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking provided, that a bond or other evidence of financial responsibility is provided to assure that restoration of the project site will be accomplished in the shortest feasible time.

3. Where dredging is permitted in conformity with Section 21.11A.40(D) mitigation measures must at least include the planning and implementation of dredging and spoils disposal which avoids significant disruption of wetlands habitat and/or water circulation, consideration of limitations upon timing of the operation, type of operation, quality of dredge material removed and location of the spoil site, and, where feasible, the transportation of dredge spoils suitable of beach replenishment to appropriate beaches or into suitable longshore current systems.

4. Where diking, filling, or dredging are permitted in conformity with Section 21.11A.40(D) the development must maintain or enhance the functional capacity of the existing sensitive habitat area. Functional capacity means the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity. In order to establish that the functional capacity is being maintained, the applicant must demonstrate all of the following:

   1. That the project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the long-term stability of the ecosystem i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project.

   2. That the project does not harm or destroy a species or habitat that is rare or endangered.

      3. That the project does not eliminate a species or habitat that is essential to the natural biological functioning of the wetland or estuary.

      4. That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or non-consumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem.

5. Where development is permitted within a stream or river the following requirements must be met: 1. All channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible to minimize adverse environmental effects. Substantial alterations shall include channelizations, dams, or comparable projects which significantly disrupt the habitat value of a particular river or stream. A development which does not significantly disrupt the habitat value of a particular river or stream is one which maintains or enhances the functional capacity of that river or stream. Roads and bridges necessary to cross streams and rivers may be permitted if there is no feasible less environmentally damaging alternative and if feasible mitigation measures have been provided to minimize adverse environmental effects.

   2. Flood-control projects shall be subject to both of the following conditions:

      1. The project must be necessary for public safety or to protect existing development.

      2. There must be no other feasible method for protecting existing development in the floodplain.

   3. Boating facilities constructed in streams are subject to the same requirements as boating facilities constructed elsewhere.

• (Ord. 83-03 (part))

21.11A.80 Wetland Restoration Guidelines

Restoration projects which are a permitted development in Section 21.11A.40(D) are publicly or privately financed projects in which restoration is the sole purpose of the project except as set forth in subsection A of this section:

1. Requirements for filling for the purpose of re-classification in urban areas restoration projects may include some fill for reclassification for nonpermitted uses if the wetlands are small, extremely isolated and incapable of being restored. Small, extremely isolated wetland parcels that are being restored to biologically productive systems may be filled and developed for reclassification only if such actions establish stable and logical boundaries between urban and wetland areas and if the applicant provides funds sufficient to accomplish the approved restoration program in the same general region. All the following criteria must be satisfied before this exception can be granted.

   1. The wetland to be filled is so small (e.g., less than one acre) and so isolated (e.g., not contiguous or adjacent to a larger wetland) that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities.

   2. The wetland must not provide significant habitat value to wetland fish and wildlife species, and must not be used by any species which is rare or endangered. (For example: such a parcel would usually be completely surrounded by urban commercial, residential, or industrial development which are incompatible with the existence of the wetland as a significant habitat area.)

   3. Restoration of another wetland to mitigate for fill can most feasibly be achieved in conjunction with filling a small wetland.

2. Restoration of a parcel to mitigate for the fill must occur at a site which is next to a larger, contiguous wetland area providing significant habitat value to fish and wildlife which would benefit from the addition of more area. In addition, such restoration must occur in the same general region (e.g., within the general area surrounding the same wetland or estuary where the fill occurred).

   5. The Department of Fish and Game and the U.S. Fish and Wildlife Service have determined the proposed restoration project can be successfully carried out.

3. Degraded Wetlands. The California Department of Fish and Game must identify an area as a degraded wetland. The requirements for the restoration of such a designated wetland shall be as set forth in the "Statewide Interpretive Guideline for Wetlands and Other Wet Environmentally Sensitive Habitat Areas" adopted by the California State Coastal Commission on February 4, 1981.

(Ord. 83-03 (part))