Article 1 — ZONING ORDINANCE APPLICABILITY

CHAPTER 130.10. - ENACTMENT AND APPLICABILITY OF THE ZONING ORDINANCE

This Title shall be known, and cited, and referred to as, the El Dorado County Zoning Ordinance or "Ordinance." The Zoning Ordinance constitutes a portion of the County Code of Ordinances.

Enactment of Zoning Ordinance

This Zoning Ordinance is enacted to implement the El Dorado County General Plan by classifying and regulating the uses of land and structures within unincorporated El Dorado County and is adopted to protect and promote the public health, safety, and general welfare of the County.

Sec. 130.10.020 - Authority, Relationship to General Plan.

A.

This Title is adopted based on the authority vested in El Dorado County by the State of California, including but not limited to the State Constitution, Section 65800 et seq. of the California Government Code, the California Environmental Quality Act, the Subdivision Map Act, Housing Act, Surface Mining and Reclamation Act, and applicable provisions of the Health and Safety Code.

B.

This Title is hereby adopted and shall be maintained so as to be consistent with the El Dorado County General Plan. Any land use or development approved according to the requirements of this Title shall be consistent with the General Plan and any applicable specific plan.

C.

Within the Lake Tahoe Basin, as delineated on Figure LU-1 (Land Use Diagram) of the General Plan, all land use and development approvals shall also be subject to requirements of the Lake Tahoe Regional Plan and the County Code of Ordinances.

D.

Where an inconsistency is discovered between the General Plan and the zoning designation for a lot, the General Plan designation shall govern and the inconsistency is hereby recognized to constitute a mapping error. It shall be the responsibility of the County

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*Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.

to correct any such mapping error within 180 days from the date the inconsistency is discovered. The correction of a mapping error shall be exempt from the County's customary application and processing fees. To ensure timely resolution of mapping errors, the County shall schedule hearings for amendments to the Zoning Ordinance at least quarterly.

Sec. 130.10.030 - Responsibility for Administration.

A.

Responsible Bodies and Individuals. This Title shall be administered by:

1.

The El Dorado County Board of Supervisors, hereafter referred to as the Board;

2.

The Planning Commission, hereafter referred to as the Commission;

3.

The County Zoning Administrator, hereafter referred to as the Zoning Administrator;

4.

The County Agricultural Commission, hereafter referred to as the Ag Commission;

5.

The County Agricultural Commissioner, hereafter referred to as the Agricultural Commissioner;

6.

The Director of the Planning and Building Department or designee, hereafter referred to as the Director; and

7.

The Planning and Building Department hereafter referred to as the Department.

B.

Advisory Committees. The Board may appoint Advisory Committees to review design review applications, or provide input on other issues of concern to the Board or the Commission. These Advisory Committees include, but are not necessarily limited to, the following:

1.

Cameron Park Design Review Committee.

2.

El Dorado Hills Design Review Committee.

Pollock Pines Design Review Committee.

4.

Community and Economic Development Advisory Committee ("CEDAC").

5.

Diamond Springs-El Dorado Community Advisory Committee.

6.

Meyers Area Plan Advisory Committee.

C.

Responsibility and Authority of the Director. The duties and responsibilities of the Director are those enumerated in Article 6 (Zoning Ordinance Administration) of this Title, in this Title and in other Titles of the County Code of Ordinances. Whenever this Title refers to the Director, it is expressly understood to include Department staff acting under the direction and control of the Director, and whenever this Title refers to the Department it is expressly understood to describe Department staff acting under the direction and control of the Director.

D.

Rules of Application. This Title shall be applied in the following manner:

1.

Minimum Requirements. The provisions of this Title shall be deemed to be the minimum standards unless stated otherwise (for example, maximum building height or maximum density). These standards shall apply to all buildings, structures and uses, except where this Title provides for the exercise of discretion or where a variance is granted.

2.

Conflicting Provisions. If conflicts occur between different requirements of this Title, or between provisions of this Title and requirements imposed by other provisions of the County Code of Ordinances or other laws, and regulations adopted by the County, the more stringent development requirement or greater restriction on the use of land or buildings shall apply.

3.

Single Lot Containing Multiple Zones. Where the boundaries of the zone designation are not coterminous with the property line boundaries, a single lot will contain multiple zones. In that event, the County shall first determine if the zone boundary appears to be the result of a mapping error. In that case, the mapping error shall be resolved as provided in Subsection D.5 (Map Corrections) below in this Section.

aining Multiple Zones. Where the boundaries of the zone designation are not coterminous with the property line boundaries, a single lot will contain multiple zones. In that event, the County shall first determine if the zone boundary appears to be the result of a mapping error. In that case, the mapping error shall be resolved as provided in Subsection D.5 (Map Corrections) below in this Section.

Where the County determines that a mapping error has not occurred, the uses of the lot shall be consistent with the zone as shown for the portion of the lot on which the use is proposed. Multiple uses of a lot with multiple zones are expressly allowed consistent with the requirements of each zone. The precise location of the uses may be modified by a planned development or specific plan. Any uncertainty as to the boundaries of each zone within the lot shall be determined pursuant to Subsection D.4 (Map Boundaries) below in this Section.

4.

Map Boundaries. Where the boundaries of any zone shown on the zoning maps are uncertain, the following rules shall apply to resolve the uncertainty:

a.

Where a zone boundary approximately follows a lot line, or road or street, such lot line or the centerline of the road or street shall be construed to be the boundary.

b.

Where a zone boundary approximately follows a stream or river, ridge line or other distinct geographic or topographic feature, such stream or geographic feature shall be construed to be the boundary.

c.

If a zone divides a lot, and the boundary line location is not otherwise designated, the location of the boundary shall be determined by the use of the scale appearing on the zoning map.

5.

Map Corrections. Where a zone boundary appears to be in error, the Director may make the correction based on historical data, prior zoning maps, clear legislative intent, and other available information. Where the record is unclear, the zoning shall be reviewed by the Commission to determine if the map is in error. If, after review of the record, the Commission finds that the map is in error, they shall direct the Director to correct said error by revising the official maps accordingly within 30 days of the Commission's review.

(Ord. No. 5177, § 1, 6-20-2023)

Sec. 130.10.040 - Applicability of Zoning Ordinance.

A.

Area of Applicability. The provisions of this Title shall apply to all lands within the unincorporated area of the County of El Dorado except as provided in Subsection B (Exemptions from Zone Ordinance Requirements) below in this Section.

B.

Exemptions from Zone Ordinance Requirements. The provisions of this Title do not apply to the following activities, uses, and structures, except where provisions of a memorandum of understanding between the County and another governmental agency provide for County regulatory authority or otherwise provided by law:

1.

Activities of the Federal Government on federally owned or leased land.

2.

Activities of the State of California or any agency of the state on state owned or leased land.

3.

Activities of a local agency, as defined in California Government Code Section 53090, as provided in Section 53091 et seq.

4.

The location and construction of facilities for water and electrical energy as provided in California Government Code Section 53091.

5.

Tribal lands which are not subject to the jurisdiction of the County.

6.

Existing and future preemptions of local land use authority resulting from State Law.

C.

Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this Title or amendments hereto may have the effect of imposing different standards on development or new uses from that which previously applied. Following the effective date of this Title the following provisions shall apply:

1.

Pending Applications. Applications which have been determined by the Department to be complete and in compliance with California Government Code Section 65943 before the effective date of this Title, or any amendment hereto, shall comply with the provisions of this Title in effect on the date that the application is deemed complete.

2.

Approved Applications. Applications approved prior to the effective date of this Title, or any amendment hereto, may be constructed or used in accordance with the conditions of approval therefore; provided, however, approval of any extension shall be governed by the provisions of Subsection C.3 (Time Extensions) below in this Section.

3.

Time Extensions. An approval of an extension of time for an approved application may be conditioned to comply with the provisions of this Title in effect when the application for time extension is deemed complete in compliance with California Government Code Section 65943 where necessary to comply with state and federal law or to protect public health and safety. Provisions regarding processing of time extensions are found in Chapter 120.74 (Expiration of Approved Maps) of the County Code of Ordinances.

4.

Subdivisions. Except as provided in Title 120 (Subdivisions), Chapter 120.68 (Vesting Tentative Maps) of the County Code of Ordinances and California Government Code Section 66498.1, the provisions of this Subsection shall apply only to the creation of lots authorized by an approved tentative map or tentative parcel map deemed complete prior to the effective date of this Title. Subsequent development of lots shall meet the provisions of this Title in effect at the time that such subsequent development occurs unless provisions of a planned development or other application under Subsections C.1 (Pending Applications) and C.2 (Approved Applications) above in this Section, apply.

D.

Exception for Area Covered by Specific Plan. Where a specific plan has been adopted for an area in compliance with Chapter 130.56 (Specific Plans) in Article 5 (Planning Permit Processing) of this Title and California Government Code Section 65450 et seq., the zones, development standards, and other provisions of the specific plan and any implementing ordinance adopted in compliance with that plan shall supersede the provisions of this Title. In the event that a specific plan implementing ordinance does not address an issue, the provisions of this Title shall apply.

E.

Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the County shall apply the Zoning Ordinance. The County shall not be responsible for monitoring or enforcing private agreements.

The Director shall have the authority to issue administrative interpretation of the provision of this Title to resolve ambiguities.

A.

Record of Interpretations. Whenever the Director determines that the applicability or the meaning of any of the provisions of the Title is ambiguous, the Director may issue an official interpretation. Official interpretations shall be in writing, and cite the

provision being interpreted, together with an explanation of its meaning or application in the particular or general circumstances that caused the need for interpretation. Where the Director finds that no clear interpretation can be made, the matter may be referred to the Commission. The Commission shall hold a public hearing prior to making an interpretation. Notice of such hearing shall be provided by listing the matter on the Commission agenda and posting notice at least 72 hours prior to the hearing. A record of all official interpretations shall be maintained and available for public review both at the Department offices and posted on the Department web site, indexed by the section number of this Title that is the subject of the interpretation. Interpretations of the Director or Commission shall be incorporated into the official text of the Ordinance within 12 months of the Director or Commission determination through the County text amendment process.

B.

Appeal of Interpretations. Interpretations by the Director, Zoning Administrator or Commission may be appealed in accordance with Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title. Until such time as the interpretations are incorporated into the official text of the Ordinance, interpretations are only advisory to the Board.

Sec. 130.10.060 - Severability.

If any provision of this Title is for any reason held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this Title. The Board hereby declares that it would have adopted this Title and each provision thereof, irrespective of the fact that any one or more portions of this Title may be declared invalid, unconstitutional, or unenforceable.

Sec. 130.10.070 - Indemnification and Hold Harmless Agreement.

A.

Applicant's Agreement to Indemnify and Hold Harmless. As a condition of approval of a land use application, the applicant shall agree to defend, indemnify, and hold harmless the County or its agents, officers, and employees from any claim, action, or proceeding against the County or its agents, officers, or employees to attack, set aside, void, or annul an approval of the County, an advisory agency, appeal board or legislative body concerning the map or permit or any other action relating to or arising out of County approval.

B.

County's Duty to Notify Applicant and Cooperate in Defense. Any condition of approval imposed in compliance with this Title shall include a requirement that the County act reasonably to promptly notify the applicant of any claim, action, or proceeding and that the County cooperate fully in the defense.

CHAPTER 130.12. - ZONING MAPS

This Section identifies the official zones that are established and shown on the zoning maps created in compliance with Section 130.12.020 (Zoning Map and Zones) below in this Chapter.

A.

Official Zones.

1.

Residential

Residential, Multi-unit (RM)

Residential, Single-unit (R)

Residential, One-acre (R1A)

Residential, Two-acre (R2A)

Residential, Three-acre (R3A)

Residential, Estate (RE)

2.

Agricultural, Rural, and Resource Limited Agricultural (LA) Planned Agricultural (PA) Agricultural Grazing (AG) Timber Production (TPZ) Forest Resource (FR) Rural Lands (RL)

3.

Commercial Commercial, Professional Office (CPO) Commercial, Limited (CL) Commercial, Main Street (CM) Commercial, Community (CC) Commercial, Regional (CR) Commercial, General (CG) Commercial, Rural (CRU)

4.

Industrial Industrial, Light (IL) Industrial, Heavy (IH) Research and Development (R&D)

Special Purpose Recreational Facilities, Low-Intensity (RF-L) Recreational Facilities, High-Intensity (RF-H) Open Space (OS) Transportation Corridor (TC)

Codified Area Plan

Meyers

Area Plan (MAP)

B.

Minimum Lot Size Designation. A designator indicating the minimum lot size shall be applied to all R, RE, PA, LA, RL, FR, and AG zones.

1.

For R zones the numeric designator shall represent minimum lot sizes of 6,000 and 20,000 square feet, expressed as "R1" for 6,000 square feet and "R20K" for 20,000 square feet.

2.

For RE zones the numeric designator shall represent the minimum lot size expressed in acres. The designator shall be one of the following: -5 and -10.

3.

For PA, LA and RL zones the numeric designator shall represent the minimum lot size expressed in acres. The designator shall be one of the following: -10, -20, -40, -80, and -160.

4.

For FR zones the numeric designator shall represent the minimum lot size expressed in acres. The designator shall be one of the following: -40, -80, and -160.

5.

For AG zones the numeric designator shall represent the minimum lot size expressed in acres. The designator shall be one of the following: -40, -80, and -160.

C.

Meyers Area Plan Zones. To implement the Meyers Area Plan, each of the five subareas shall be designated on the official zoning map as MAP-1, MAP-2, MAP-3, MAP-4, and MAP-5 to reflect the subareas and the variables that each area represents in compliance with Chapter 130.26 (Meyers Area Plan (MAP) Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title.

D.

Combining Zones. In addition to the primary zones established by Subsection A (Official Zones) above in this Section, the following combining zones are established:

1.

Airport Safety (-AA)

2.

Avalanche (-AV)

Dam Failure Inundation (-DFI)

4.

Design Review-Community (-DC)

5.

Design Review-Historic (-DH)

6.

Design Review-Scenic Corridor (-DS)

7.

Manufactured/Mobile Home Park (-MP)

8.

Mineral Resource (-MR)

9.

Noise Contour (-NC)

10.

Planned Development (-PD)

11.

Tahoe Basin (-T)

Sec. 130.12.020 - Zoning Map and Zones.

The boundaries of the zones established by Section 130.12.010 (Zones Established) above in this Chapter shall be shown on the maps designated as the "County of El Dorado Zoning Maps," hereinafter referred to as Zoning Map. The Zoning Map shall be adopted by the Board in compliance with applicable law, and is hereby incorporated into this Title by reference as though it were fully set forth herein (see Exhibit A—Zoning Map). Any changes to the Zoning Map shall be accomplished as set forth in Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title.

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ARTICLE 2. - ZONES, ALLOWED USES, AND ZONING STANDARDS* CHAPTER 130.20. - DEVELOPMENT AND USE APPROVAL REQUIREMENTS

Sec. 130.20.010 - Contents of Chapter.

This Chapter contains the County's requirements for the approval of proposed development and new uses. Development Standards and permit requirements established by this Ordinance for specific uses are in Chapters 130.21 (Agricultural, Rural Lands, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone).

Sec. 130.20.020 - General Requirements for Development and New Uses.

Each use and/or structure shall be established, constructed, reconstructed, altered, moved or replaced in compliance with the following requirements.

A.

Allowable Use. Only a use allowed by this Ordinance in the zone applied to the site shall be established. The basis for determining whether a use is allowable is described in Section 130.20.030 (Allowable Uses and Planning Permit

Requirements) below in this Chapter.

B.

Permit and Approval Requirements. Any planning permit or other approval required by Section 130.20.030 (Allowable Uses and Planning Permit Requirements) below in this Chapter shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 130.20.040 (Exemptions from Planning Permit Requirements) below in this Chapter.

C.

Development Standards, Conditions of Approval. Each use and structure shall comply with the development standards of this Chapter, applicable standards and requirements in Article 3 (Site Planning and Project Design Standards) and Article 4 (Specific Use Regulations) of this Title, applicable site or design requirements identified in other Board adopted manuals, and/or any applicable conditions imposed by a previously granted planning permit.

D.

Legal Lot. The site of a proposed development or new use shall be on a legal lot, as defined in Article 8 (Glossary: See "Legal Lot") of this Title.

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*Editor's note—Ord. No. 5090, adopted Aug. 14, 2018, amended Title 130 in its entirety, with the exception of Article 9, to read as herein set out. Capitalization and expression of numbers in text have been unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Amendments to said ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. For a detailed analysis and derivation of former Title 130, see the Code Comparative Table.

Sec. 130.20.030 - Allowable Uses and Planning Permit Requirements.

A.

Allowable Uses. The uses allowed by this Ordinance are listed in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) below in this Article, together with the type of planning permit required for each use. Each use type listed in the tables is defined in Article 8 (Glossary) of this Title unless otherwise defined within Article 4 (Specific Use Regulations). Chapter 130.26 (Meyers Area Plan [MAP] Zone) below in this Article regarding the Meyers Area Plan has different use type provisions and definitions as set forth in the Tahoe Regional Planning Agency (TRPA) Code of Regulations.

1.

Establishment of an Allowable Use.

a.

Any use type identified by Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) below in this Article as being allowable within a specific zone may be established on any lot within that zone, subject to the planning permit requirements of Subsection B (Planning Permit Requirements) below in this Section, and compliance with all applicable requirements of this Ordinance.

b.

Where a single lot is proposed for concurrent development of two or more uses listed in the tables, the overall project shall be subject to the permit level required for each individual use under Subsection B (Planning Permit Requirements) below in this Section. Consolidation of multiple permits into the one permit application may be allowed, subject to Director approval.

Use Not Listed.

a.

A use that is not listed in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) below in this Article, and is determined by the Director to not be included in Article 8 (Glossary) of this Title under the definition of a listed use, is not allowed within the County, except as otherwise provided in Subsection A.3 below in this Section, or Section 130.20.040 (Exemptions from Planning Permit Requirements) below in this Chapter.

b.

A use that is not listed in the tables within a particular zone is not allowed within that zone, except as otherwise provided in Subsection A.3 (Similar and Compatible Uses Allowed) below in this Section, or Section 130.20.040 (Exemptions from Planning Permit Requirements) below in this Chapter.

3.

Similar and Compatible Uses Allowed. A use not listed in this Article is allowable where the Director or other approval authority makes the following findings:

a.

Required Findings; Similar and Compatible Use. A proposed use not listed in this Article is similar to and compatible with a listed use and shall be allowed where the Director or other approval authority makes all of the following findings:

(1)

The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;

(2)

The use will be consistent with the purposes of the applicable zone;

(3)

The use will be consistent with the General Plan and any applicable specific plan; and

(4)

The use will be compatible with the other uses allowed in the zone.

A determination that a use qualifies as a similar and compatible use and the findings supporting the determination shall be in writing. The Zoning Ordinance shall be periodically amended to incorporate those uses not listed in this Article which are found to be similar and compatible.

b.

Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Ordinance apply.

c.

Referral for Determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.

d.

Appeal. A determination of similar and compatible use may be appealed in compliance with Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

B.

Planning Permit Requirements. Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) below in this Article provide for uses that are:

1.

Allowed by right subject to compliance with all applicable provisions of this Ordinance. Uses allowed by right are exempt from planning permit requirements. These are shown as "P" in each respective matrix of allowed uses;

2.

Allowed subject to approval of an Administrative Permit (Section 130.52.010, Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, shown as "A" in each respective matrix of allowed uses;

3.

Allowed subject to approval of a Temporary Use Permit (Section 130.52.060, Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title, shown as "TUP" in each respective matrix of allowed uses;

4.

Allowed subject to the approval of a Use Permit (Section 130.52.021, Conditional and Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title, and shown as "CUP" or "MUP" in each respective matrix of allowed uses;

5.

Not allowed in particular zones, shown as "—" in each respective matrix of allowed uses;

6.

Where additional provisions are contained in Article 4 (Specific Use Regulations) of this Title that address the "by right" or permit requirements, the matrix will cross reference the applicable section.

C.

Meyers Area Plan Requirements. Chapter 130.26 (Meyers Area Plan [MAP] Zone) below in this Article provides for uses within the Meyers Area Plan and follows the unique permit requirements of Section 130.26.050 (Matrix of Allowed Uses) below in this Article instead of Subsection 130.20.030.B (Planning Permit Requirements) above in this Section.

D.

Multiple Permits May Be Required. A use authorized through the approval of an Administrative Permit, Temporary Use Permit, or Conditional/Minor Use Permit may also require a Design Review Permit, building permit, and/or other permit(s) as required by the County Code of Ordinances.

Sec. 130.20.040 - Exemptions from Planning Permit Requirements.

A.

General Requirements for Exemption. The uses, structures, and activities identified by Subsection B below in this Section are allowed in any zone and are exempt from the planning permit requirements of this Ordinance when:

1.

The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of this Article 2 (Zones, Allowed Uses, and Zoning Standards), and Article 3 (Site Planning and

Project Design Standards), Article 4 (Specific Use Regulations) and, where applicable, Chapter 130.61 (Nonconforming Uses, Structures, and Lots) in Article 6 (Zoning Ordinance Administration) of this Title; and

2.

Any permit or approval required by regulations other than this Ordinance is obtained (for example, a Building Permit).

B.

Exempt Activities and Uses. The following are exempt from the planning permit requirements of this Ordinance when in compliance with Subsection A (General Requirements for Exemption) above in this Section.

1.

Allowed Uses. Uses identified in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) below in this Article, inclusive, as allowed by right, shown as "P" in the matrices. Allowed Uses include Accessory Structures and Uses, as defined in Section 130.40.030 (Accessory Structures and Uses) in Article 4 (Specific Use Regulations) of this Title.

2.

Agricultural Buildings exempt under County Building Code.

3.

Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways. A building permit or grading permit may be required.

4.

Fences and Walls. Except as set forth in Section 130.30.050 (Fences, Walls, and Retaining Walls in Article 3 (Site Planning and Project Design Standards) of this Title).

5.

Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure or change the Allowed use of the structure.

6.

Repairs and Maintenance.

a.

Single-unit Residential Dwellings. Ordinary repairs to and maintenance of single-unit dwellings.

b.

Multi-unit Residential Dwellings, and Non-residential Structures. Ordinary repairs to, and maintenance of multi-unit residential and non-residential structures, if:

(1)

The work does not change the approved use of the site or structure; or add to, enlarge, or expand the use and/or structure; and

(2)

Any exterior repairs employ the same materials and design as the original construction.

Small, Portable, Residential Accessory Structures. A single portable structure per lot or unit, including pre-manufactured storage sheds or other small structures in residential zones that are exempt from building permit requirements in compliance with the County Code of Ordinances and the building code. Additional structures may be approved in compliance with Section 130.40.030 (Accessory Structures and Uses) in Article 4 (Specific Use Regulations) of this Title, where allowed by the applicable zone.

8.

Solar Collectors. Solar collectors accessory to a building attached to the roof or side of a building provided that the collectors comply with applicable height limit requirements.

9.

Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not:

a.

Exceed 120 square feet in total area including equipment;

b.

Contain more than 2,000 gallons of water; or

c.

Exceed three feet in depth.

10.

Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be allowed in any zone. These include: water; gas; electric; wastewater disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and related structures. Satellite and wireless communications antennas are not exempt, and are instead subject to Section 130.40.130 (Telecommunication Facilities) in Article 4 (Specific Use Regulations) of this Title.

11.

Satellite Dish, Radio and Television Antennas. Non-commercial, receive-only antennas for the sole use of the occupants of a structure provided that these antennas are not located within the front setback or street side setback on a corner lot:

a.

A ground or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches); and

b.

Roof-mounted radio or television aerials not exceeding 75 feet in overall height (building height plus roof-mounted antenna height).

12.

Mobile Services. Mobile services as defined in Article 8, Section 130.80.020 (Glossary).

(Ord. No. 5127, § 1, 9-1-2020; Ord. No. 5241, § 16, 8-19-2025)

Requirements for establishing a temporary use (for example, a construction yard, seasonal sales lot, special event, temporary office trailer, etc.) are in Section 130.52.060 (Temporary Use Permit) in Article 5 (Planning Permit Processing) of this Title.

CHAPTER 130.21. - AGRICULTURAL, RURAL, AND RESOURCE ZONES

Sec. 130.21.010 - Matrix of Allowed Uses.

A.

Zones Established; Applicability. A number of agricultural, rural and resource zones are established in this Ordinance to implement the uses described in the General Plan, and to provide for, promote and regulate the range of uses applicable to those lands.

B.

This Chapter lists the uses allowed within an agricultural, rural land and a resource zone established by Section 130.12.010 (Zones Established) in Article 1 (Zoning Ordinance Applicability) of this Title, determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

C.

The manner in which the individual agricultural, rural lands and resource zones are applied is as follows:

1.

Planned Agricultural (PA). The PA, Planned Agricultural Zone, applies to the development of agricultural enterprises and uses whether encumbered by a farmland conservation contract or not. This zone shall be utilized to identify those lands most capable of supporting horticulture, aquaculture, ranching, and grazing, based on existing use, soil type, water availability, topography, and similar factors. Agricultural enterprise is intended to be the primary use of these lands, but compatible commercial uses, as listed in Table 130.21.020 (Agricultural, Rural, and Resource Zone Districts Use Matrix) below in this Chapter, may also be allowed in compliance with the provisions of this Chapter. Minimum lot size designators shall be applied to this zone based on commodity type, soil type, surrounding uses, and other appropriate factors. The designator shall represent the number of acres and shall be in the following increments: 10, 20, 40, 80, and 160.

2.

Limited Agricultural (LA). The LA, Limited Agricultural Zone, applies to the development of agricultural enterprises and uses, whether encumbered by a farmland conservation contract or not. This zone shall be utilized to identify those lands most capable of supporting horticulture, aquaculture, ranching, and grazing, based on existing use, soil type, water availability, topography, and similar factors. The LA zone is distinguished from the PA zone in that it provides limited opportunities for ranch marketing and commercial winery uses, and shall generally be applied where those more intensive commercial uses may be undesirable. Minimum lot size designators shall be applied to this zone based on commodity type, soil type, surrounding uses, and other appropriate factors. The designator shall represent the number of acres and shall be in the following increments: 10, 20, 40, 80, and 160.

3.

Agricultural Grazing (AG). The AG, Agricultural Grazing Zone, is applied to lands suitable for grazing whether encumbered by a farmland conservation contract or not. This zone shall be utilized to identify those lands that are being used for grazing and/or that have the potential for commercially viable grazing operations, based on existing use, soil type, water availability, topography, and similar factors. Grazing and other agricultural activities are intended to be the primary use of these lands, but other compatible commercial uses may also be allowed in compliance with the provisions of this Chapter. Minimum lot size designators shall be applied to this zone based on use designation and other appropriate factors. The minimum lot size designator shall be in the following increments: 40, 80 and 160 acres.

4.

Timber Production (TPZ). The TPZ, Timber Production Zone, is applied to identify and regulate lands subject to the Forest Taxation Reform Act of 1976 (California Government Code Section 51110, et seq.). Criteria for establishing a TPZ is located in Section 130.40.350 (Timber Production Zone: Criteria, Regulations, and Zone Change Requirements) in Article 4 (Specific Use Regulations) of this Title.

5.

Forest Resource (FR). The FR, Forest Resource Zone, is applied to lands containing valuable timber or having the potential for timber production, but that are not subject to TPZ zoning requirements in compliance with Section 130.40.350 (Timber Production Zone: Criteria, Regulations, and Zone Change Requirements) in Article 4 (Specific Use Regulations) of this Title.

The purpose of this zone is to encourage timber production and associated activities, and to limit noncompatible uses from restricting such activities. Minimum lot size designators shall be applied to this zone based on elevation and other appropriate factors. The minimum lot size designator shall be in the following increments: 40, 80, and 160 acres.

6.

Rural Lands (RL). The RL, Rural Lands Zone, is intended to identify those lands that are suitable for limited residential

development based on topography, access, groundwater or septic capability, and other infrastructural requirements. This zone may be applied where resource-based industries in the vicinity may impact residential uses. Commercial support activities that are compatible with the available infrastructure may be allowed within this zone to serve the surrounding rural and agricultural communities. Although agricultural uses are allowed, these lands generally do not support exclusive agricultural use. This zone is applied to those lands to allow uses which supplement the agricultural use. For special setback purposes, the RL zone is not considered to be an agricultural or timber zone. Minimum lot size designators shall be applied to this zone based on the constraints of the site, surrounding uses, and other appropriate factors. The designator shall represent the minimum number of acres and shall be in the following increments: 10, 20, 40, 80, and 160.

Uses are allowed in the following zones subject to the requirements of this Title as designated in Table 130.21.020 (Agricultural, Rural, and Resource Zone Districts Use Matrix) below in this Section:

Table 130.21.020—Agricultural, Rural, and Resource Zone Districts Use Matrix

Civic Uses

(Ord. No. 5097, § 2, 1-8-2019; Ord. No. 5112, § 2, 9-10-2019; Ord. No. 5152, § 2, 11-16-2021; Ord. No. 5168, § 2, 11-1-2022; Ord. No. 5177, § 2, 6-20-2023; Ord. No. 5241, §§ 1, 16, 8-19-2025)

Sec. 130.21.030 - Agricultural, Rural, and Resource Zone Development Standards.

Allowed uses and associated structures shall comply with the following development standards listed in Table 130.21.030 (Agricultural, Rural, and Resource Zones Development Standards) below in this Section in addition to any other applicable requirements of this Title, unless a variance is obtained in compliance with Section 130.52.070 (Variance) in Article 5 (Planning Permit Processing) of this Title, or standards are modified pursuant to a Development Plan permit in compliance with Section 130.52.040 (Development Plan Permit), in Article 5 (Planning Permit Processing) of this Title.

Table 130.21.030—Agricultural, Rural, and Resource Zones Development Standards