Chapter 130.26 — MEYERS AREA PLAN (MAP) ZONE — El Dorado County Zoning Code

Sec. 130.26.010 - Zone Established.

The MAP Zone is applied to implement the policies of the Meyers Area Plan by setting forth separate and distinct uses and standards which apply to each of the five areas of the Meyers Community. As noted in the Sections which follow, the allowed uses and development standards may vary for each designated area as a means of implementing the policies of the adopted Meyers Area Plan.

Sec. 130.26.020 - Applicability.

The regulations set forth in this Chapter shall apply to the Meyers Area Plan (MAP) Zone. Where applicable, the standards of this Title shall apply. Additionally, the provisions of the Tahoe Regional Planning Agency (TRPA) Code of Ordinances shall apply to all projects within the MAP Zone. Where there is a conflict with the TRPA Code of Ordinances and this Ordinance, the most restrictive standard shall apply.

Sec. 130.26.030 - Zone Designations. ¶

In order to differentiate the variable uses and development standards required for each area, the MAP Zone will be designated on the official zone map as follows:

A.

MAP-1 Meyers Community Center District (Center)

MAP-2 Meyers Industrial District (Ind)

C.

MAP-3 Upper Truckee Residential/Tourist District (Res/T)

MAP-4 Meyers Recreation District (Rec)

MAP-5 Upper Truckee River Corridor District (River)

Sec. 130.26.040 - Uses Allowed by Right or by Conditional Use Permit.

A.

The resource management uses of timber, wildlife/fisheries, vegetation protection and watershed improvements are allowed uses in any of the MAP zones as long as such practices are consistent with the Meyers Area Plan.

B.

TRPA Code of Ordinances, Chapter 21, Section 21.4, List of Primary Uses, is adopted by reference for the uses listed under Table 130.26.050 (Allowed, Conditional Uses, and Prohibited Uses) below in this Chapter.

Sec. 130.26.050 - Matrix of Allowed Uses.

Uses are allowed in the following zones subject to the requirements of this Title as designated in Table 130.26.050 (Allowed, Conditional Uses, and Prohibited Uses) below in this Section:

Table 130.26.050—Allowed, Conditional Uses, and Prohibited Uses

Only those uses listed on the following table and otherwise noted in this Section shall be allowed by right or by Conditional Use Permit within the zones specified. The table has the following designations:

"P"	Allowed use;
"CUP"	Conditional Use Permit required ( Section 130.52.021);
(—)	Use not allowed in zone.
USE	MAP-1 (Center)
---	---
Residential
Employee Housing	CUP(3)
Multiple Family Dwelling	P(6)
Multiple Person Dwelling (i.e., dormitories, etc.)	CUP
Nursing and Personal Care	CUP
Single Family Dwelling	P(4)(6)
Accessory Dwelling Unit	P
Tourist Accommodation
Time-share units	—
Bed and Breakfast Facilities	P
Hotels/Motels	CUP
Commercial (Retail)
Auto/Mobile Homes/Vehicle Dealers	—
Building Materials/Hardware	P
Eating and Drinking Places	P
Food and Beverage Sales	P
Furniture/Home Furnishings/Equipment	P
General Merchandise Stores	P
Mail Order and Vending	P
Nursery	P
Outdoor Retail Sales	CUP
Service Stations	CUP
Commercial (Entertainment)
Amusements and Recreation Services	P
Privately Owned Assembly and Entertainment	CUP
Outdoor Amusements	CUP
Commercial (Services)
Animal Husbandry Services	CUP
Broadcasting Studios	P
Business Support Services	P
Contract Construction Services	CUP
Financial Services	P
---	---
Health Care Services	P
Personal Services	P
Professional Ofces	P
Repair Services	CUP
Schools-Business and Vocational	CUP
Sales Lots	—
Secondary Storage	CUP(1)
Auto Repair and Service	CUP
Laundries and Dry Cleaning	CUP
Commercial (Light Industrial)
Food and Kindred Products	CUP(6)
Fuel and Ice Dealers	—
Industrial Services	—
Printing and Publishing	CUP(6)
Commercial (Wholesale/Storage)
Recycling and Scrap	—
Small Scale Manufacturing	CUP(6)
Storage Yards	—
Vehicle/Freight Terminals	—
Vehicle Storage and Parking	CUP(6)
Warehousing	CUP(6)
Wholesale and Distribution	CUP(6)
Public Services (General)
Churches	P
Collections Stations	CUP(6)
Child Day Care Facilities and Preschools	P
Government Ofces	P
Hospitals	CUP
Local Assembly and Entertainment	P
Local Post Ofce	P
Local Public Health and Safety Facilities	P
Membership Organizations	P
Publicly Owned Assembly and Entertainment	CUP
Public Utility Centers	CUP(6)
Regional Public Health and Safety Facilities	CUP
Social Service Organizations	P
Schools (K-12)	CUP
Cultural Facilities	P
Schools/Colleges	CUP
Public Service (Linear Facilities)
Pipelines and Power Transmission	CUP
Transit Stations and Terminals	P
Transportation Routes	CUP(5)
---	---
Transmission and Receiving Facilities	CUP
Recreation
Cross Country Ski Courses	P
Day Use Areas	P
Golf Courses	—
Group Facilities	CUP
Outdoor Recreation Concessions	P
Participant Sport Facilities	CUP
Recreation Centers	P
Riding and Hiking Trails	P
Rural Sports	—
Snowmobile Courses	—
Sport Assembly	CUP
Visitor Information Center	P
Developed Campgrounds	—
Undeveloped Campgrounds	—
Recreational Vehicle Parks	—
(1)Applies only to parcels on Santa Fe Road. (2)Maintenance facilities not allowed within any new transit facilities. (3)One employee housing unit allowed without a CUP per commercial building with at least 1000 sq. ft. of CFA. (4)Single family dwellings in Meyers Community Center limited to condominiums or townhouses with at least 3 attached units. (5)Non-motorized public trails are a permitted use. (6)These uses are not allowed within the portion of the ground foor of a structure that faces the primary entry point for projects adjacent to US 50. This restriction may be waived if the Meyers Advisory Council and the Planning Commission fnd that the use is otherwise consistent with the intent of the Meyers Area Plan. (7)Hotels/motels are only allowed in the Town Center portion of MAP-3.

(Ord. No. 5152, § 4, 11-16-2021)

Sec. 130.26.060 - Development Standards.

A.

The following provisions shall apply in all MAP zones unless a variance is obtained in compliance with Section 130.52.070 (Variance) in Article 5 (Planning Permit Processing) of this Title, or a modification is approved by the Advisory Committee for the front yard setback as further described herein.

The following table (Table 130.26.060 - Meyers Area Plan Development Standards) sets forth the applicable lot area, lot width and setback requirements for each MAP zone. Land coverage, building height, development density, and sign standards are further regulated under the TRPA Code of Ordinances and Attachment A of the Meyers Area Plan.

Table 130.26.060—Meyers Area Plan Development Standards

		MAP-1 (Center)(6)	MAP-2 (Ind)	MAP-3 (Res/T)	MAP-4 (Rec)	MAP-5 (River)
Maximum Height and Density for All Uses	Maximum Height (Ft.)(8)	42	TRPA Code Chapter 37	42, TRPA Code Sec. 37.4(9)	TRPA Code Sec. 37.4	TRPA Code Sec. 37.4
	Density, Single Family Residential	NA	NA	1 primary unit	NA	NA
	Accessory Dwelling Unit	NA	NA	(See Section 130.40.300)	NA	NA
	Density, Multiple Family(4)	20 units/ acre	NA	15 units/acre	NA	NA
---	---	---	---	---	---	---
	Density, Multi-person/Nursing & Personal Care	25 persons/ acre	NA	NA	NA	NA
	Density, Bed and Breakfast	10 units/ acre	NA	10 units/acre	NA	NA
	Density, All Other Tourist Accommodation	30 units/ acre	NA	30 units/ acre(7)	NA	NA
	Density, Group Facilities	25 persons/ acre	NA	25 persons/ acre	25 persons/ acre	NA
	Density, Campgrounds & Recreational Vehicle Parks	NA	NA	NA	8 sites/ acre for camp- grounds, 10 sites/acre for RV Parks	8 sites/acre for camp grounds
Setbacks and Lot Sizes for All Non- residential Uses	Minimum Lot Size (Sq. Ft.)	5,000	10,000	5,000	NA	NA
	Minimum Lot Frontage (Ft.)	50	100	50	NA	NA
	Front Setback (Ft.)	20(3)	20(1)	20(1)	20(1)	20
	Side Setback (Ft.)	0	0	0	0	0
	Rear (Ft.)	0	10	0	0	0
	Setback Adjacent to Residential (Ft.)	25	25	25	25	0
	Minimum Lot Size (Sq. Ft.)	6,000	NA	6,000	NA	NA
	Minimum Lot Frontage (Ft.)	60	NA	60	NA	NA
	Front Setback (Ft.)	20(3)	NA	20(2)	NA	NA
	Side Setback (Ft.)	5	NA	5	NA	NA
	Rear Setback (Ft.)	15	NA	15	NA	NA
Maximum Transferred Land Coverage (see TRPA Code Sec. 30.4 for additional detail)		70% of high capability land	See TRPA Code Ch. 30	70% of high capability in Town Center overlay; see TRPA Code Ch. 30 for outside of Town Center(5)	70% of high capability in Town Center overlay; see TRPA Code Ch. 30 for outside of Town Center	See TRPA Code Ch. 30
(1)The front setback may be reduced as part of the design review when such reduction supports the policies of the Meyers Area Plan and does not reduce the numerical scenic rating of the roadway unit. (2)Second story cantilever living space not more than 4 feet into front yard. (3)For parcels adjacent to the US 50 ROW in MAP-1 the minimum front setback can be reduced to 1 ft. from property line if the resulting setback is a minimum of 70 ft. from the centerline of US 50 and 35 feet from the centerline of the Pat Lowe multi-use trail. (4)Multiple family density applies to apartments, condominiums, and townhomes. (5)Detached single family dwellings limited to no more than 30% coverage per TRPA Code Sec. 30.4. (6)The maximum density for parcels in the Meyers Community Center Zoning District proposed for a mixture of land uses shall be calculated as a proportional share of the maximum densities used for diferent project land uses. These densities shall be combined together and rounded to the next lowest whole number. For example, if a 3 acre parcel proposes that 2 acres be used primarily for multiple family (20 units/acre) and 1 acre be used primarily for tourist accommodation other than bed and breakfast (30 units/acre), then the maximum density allowed for the project would be 30 tourist accommodation units and 40 multiple family units. (7)Hotels/motels are only allowed in the Town Center portion of the MAP-3 Zoning District. (8)For building height above the maximum height of 26 feet, the fndings in TRPA Code Sec. 37.7 shall apply. (9)A maximum building height of 42 feet is only allowed in the Town Center portion of the MAP-3 Zoning District. For building height above the maximum height of 26 feet, the fndings in TRPA Code Sec. 37.7 shall apply.

B.

Any new development, additions to existing development, change in use, or exterior modifications to existing development shall be reviewed for consistency with the Meyers Design Standards and Guidelines, and subject to a Design Review Permit in compliance with Section 130.52.030 (Design Review Permit) in Article 5 (Planning Permit Processing) of this Title.

(Ord. No. 5152, §§ 5, 6, 11-16-2021)

CHAPTER 130.27. - COMBINING ZONES

Sec. 130.27.010 - Combining Zones Established; Applicability.

A.

The Combining Zones described in this Chapter are established to implement provisions of the General Plan, to regulate certain uses, provide for innovative design solutions, and to protect the public health and safety from natural and man-made hazards.

B.

Applicability. The Combining Zones identified in this Chapter apply to development and uses in addition to all other applicable requirements of this Title, including the requirements of the base zone. In the event of a conflict between the provisions of this Chapter and any other provision of this Title, the more restrictive provision shall apply.

1.

Mapping of Combining Zones. The combining zone is shown by the combining zone symbol being appended as a suffix to the symbol for the base zone. The combining zones are applied to property through the zone change process in compliance with Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) in this Title and to any specific rezoning requirements of the applicable combining zone.

2.

Allowed Uses, Permit Requirements, Development Standards. Except as may be otherwise provided by this Chapter for a specific combining zone:

a.

Any use normally allowed in the base zone by this Chapter may be allowed within a combining zone, subject to any additional requirements of the combining zone;

b.

Development and uses within a combining zone are subject to the development permits required by this Chapter for the base zone and the combining zone, as applicable, except where a proposed use requires a similar permit but with a different level of review (Administrative Permit versus Conditional Use Permit), in which case the more stringent permit requirements shall apply; and

c.

Development and uses within a combining zone shall comply with all applicable development standards of the base zone and the combining zone, except as modified by this Chapter.

Sec. 130.27.020 - Reserved. ¶

Sec. 130.27.030 - Avalanche Hazard (-AV) Combining Zone—Reserved. Sec. 130.27.040 - Dam Failure Inundation (-DFI) Combining Zone.

A.

Combining Zone Established. This Section implements General Plan Policy 6.4.2.1 (Dam Failure Inundation) to advise of the potential hazard in the event of dam failure and to protect public health and safety by establishing regulations that minimize public exposure to such hazards. Nothing in this Section is intended to preclude the development of any lot.

Applicability. The Dam Failure Inundation (-DFI) Combining Zone shall be combined with existing base zones and shall be designated by the Board on the zone maps. The designation shall apply to lands that are located within identified areas susceptible to flooding in the event of the failure or collapse of a dam within the following jurisdictions:

1.

State Department of Water Resources Division of Dam Safety, which the California Office of Emergency Services has determined poses a risk of injury or loss of life in the event of failure or collapse; or

2.

Federally-controlled dams not under state jurisdiction.

C.

Uses Prohibited. The following critical or high occupancy uses or structures shall not be located within a Dam Failure Inundation Combining Zone:

1.

Schools.

2.

Churches and other places of assembly.

3.

Child day care facilities.

4.

Mobile home parks.

5.

Community care facilities.

6.

Hospitals.

Sec. 130.27.050 - Design Review—Community (-DC) Combining Zone.

A.

Combining Zone Established. This Section implements the General Plan by establishing a Design Review—Community (-DC) Combining Zone which includes standards and site review procedures.

B.

Applicability. This Section shall apply to all areas designated Design Review—Community Combining Zone (-DC) that are adjacent to or visible from designated State Scenic Highway corridors or located within community design review areas established by the Board. Prior to the application of the (-DC) Combining Zone design guidelines and standards shall be adopted by the Board.

The requirements of this Section shall be combined with the provisions of the base zone as designated on the zoning map.

Design Review Permit Application. Prior to development of any multi-unit residential, commercial, mixed-use, or industrial zoned property within a (-DC) Combining Zone, a Design Review Permit application shall be processed in compliance with Section 130.52.030 (Design Review Permit) in Article 5 (Planning Permit Processing) of this Title.

1.

The requirements for a Design Review permit as set forth by this Subsection are in addition to, and not a substitute for, the requirements pertaining to building permits.

2.

If the development requires a discretionary permit, such as a Conditional Use or Development Plan Permit, said discretionary permit will satisfy the Design Review Permit requirement.

D.

Exemptions. With the exception of the Meyers Area Plan Design Review Area (see Subsection E, Meyers Area Plan Design Review Exemptions and Requirements, below in this Section), the following uses and structures shall be exempt from the design review process required in this Section, but must still comply with all other applicable provisions of this Title and adopted community design guidelines and standards:

1.

Commercial, multifamily (multi-unit) and mixed-use development projects within the Shingle Springs Community region where such projects are consistent with the adopted Shingle Springs Design Standards and Guidelines;

2.

Structures and site development within a research and development zone that is combined with a (-DC) designation, if said base zone has been expanded to include architectural style and site design requirements which are more specific in nature and satisfy the intent of the design review concept;

3.

Wall signs;

4.

Change in text on existing signs;

5.

Internal changes within an existing structure, including changes in the use of the existing structure, where no external changes or alterations are proposed;

6.

Minor additions to existing structures wherein the total floor area increase is ten percent or less, and where compliance to the appearance of the existing structure is demonstrated, providing the existing structure has been reviewed and approved under a previous Design Review Permit or other discretionary application;

7.

Fencing;

8.

Detached single-unit residences and accessory structures;

Structures accessory to temporary uses in compliance with Section 130.52.060 (Temporary Use Permit); and

10.

Modifications to bring a structure into conformance with the Americans with Disabilities Act.

E.

Meyers Area Plan Design Review Exemptions and Requirements.

1.

Any new development or additions and modifications to existing development on properties designated (-DC) on the Zoning Map within the Meyers Area Plan, shall be processed as a Design Review Permit. All design review applications shall be subject to applicable zone provisions and to the Meyers Area Plan Design Guidelines as noted within Appendix A of the Meyers Area Plan. The following activities, however, are exempt from the design review process:

a.

Internal changes within an existing structure where no external changes or alterations are proposed;

b.

Change in text on existing signs;

c.

Those activities listed as being "exempt" or "qualified exempt" in Chapter 2 of the TRPA Code of Ordinances;

d.

Modifications to bring a structure into conformance with the Americans with Disabilities Act;

e.

Fencing six feet or less in height if not located in a front yard setback.

2.

The following minor use permit applications are also exempt from the procedures provided in this Subsection, but are subject to applicable zone regulations and the Design Guidelines as noted in Attachment A of the Meyers Area Plan, and shall be reviewed and approved, conditionally approved, or denied by the Department based on those provisions:

a.

Wall signs;

b.

Internal changes within an existing structure where such changes require additional parking;

c.

Fencing greater than six feet in height;

d.

Freestanding and monument signs;

Minor increases to existing floor area that do not exceed five percent of the existing floor area or 500 square feet, whichever is less; and

f.

Those projects which are located within a (-DC) Combining Zone but are located on lots which do not have frontage on either U.S. Highway 50 or State Route 89, or are so situated on the site that the project will not be visible from either highway.

3.

All activities subject to this Subsection, which are not exempt as noted therein, shall be processed as a Design Review Permit in compliance with this Section. The Department shall review the application for compliance with the Design Guidelines for Meyers Area Plan and applicable zone regulations, and shall forward recommendations to the Commission. The Commission shall approve, conditionally approve, or deny the application based on the Design Guidelines and applicable zone regulations.

F.

Establishment of Community Design Review Areas; Guidelines and Standards.

1.

The Board, following consideration by the Commission, may establish new community design review areas upon making the following findings:

a.

It is the desire of the majority of residents in the affected community to impose such guidelines and standards; and

b.

The establishment of a community design review area would enhance the character of the community by establishing a community identity that would protect property values while promoting economic development.

2.

Upon creation of a new community design review area, the Board shall adopt by resolution the boundaries of the area, shall designate the members of the design review committee, and delineate the procedural requirements for design review in the community for which it is adopted.

3.

The following procedures shall be followed in adopting community design guidelines and standards for newly created design review areas:

a.

The design review committee designated by the Board, whether an advisory committee, community service district, or some other entity recognized by the County, shall draft a document containing design guidelines and standards based on their establishment of a community identity through public outreach and consensus, and shall submit said draft to the Director. The design guidelines and standards shall be objective and measurable, rather than subjective and vague.

b.

The Director shall review the draft community design guidelines and standards, and provide comments as to its consistency with the standards and findings provided in this Section, as well as its overall utility and effectiveness. The draft community design guidelines and standards shall be revised by the Department to incorporate those comments.

c.

The Commission shall hold a hearing to review the draft community design guidelines and standards and shall transmit its action to the Board in the form of a written recommendation.

d.

The Board shall hold a hearing to review and adopt the community design guidelines and standards.

(1)

This hearing may be held in conjunction with the adoption of the respective community design review area.

(2)

The manner of adoption of the community design guidelines and standards (i.e., by ordinance or resolution) shall be at the discretion of the Board.

e.

Adoption of the community design guidelines and standards constitutes a directive to the Department for its use in reviewing projects located in the specific community design review area. However, adoption does not constitute a granting of any authority to any local design review committee not otherwise granted formal authority by the Board in compliance with Section 130.60.070 (Design Review Committee) in Article 6 (Zoning Ordinance Administration) of this Title.

4.

Until such time as new design guidelines and standards are adopted in compliance with Subsection F.3 (Establishment of Community Design Review Areas; Guidelines and Standards) above in this Section, design review of projects located within a community design review area shall utilize either the Interim Objective Design Standards for Streamlined Ministerial Projects (IODS) or the Interim Design Standards and Guidelines for Multifamily, Mixed-Use or Commercial Projects (IDSG), whichever is applicable, as adopted by the Board on December 3, 2024 (Resolutions No. 214-2024 and 215-2024, respectively). Projects located in the Design Review—Historic (-DH) Combining Zone shall be subject to the IODS and IDSG, whichever is applicable, and the Historic Design Guide (Resolution 072-2018), until such time as permanent design standards and guidelines are adopted for each applicable Community Region or Rural Center.

(Ord. No. 5219, § 1, 12-3-2024; Ord. No. 5256, §§ 1, 2, 3-3-2026)

Sec. 130.27.060 - Design Review—Historic (-DH) Combining Zone.

A.

Combining Zone Established. This Section establishes a Design Review—Historic (-DH) Combining Zone to identify and protect historic structures, sites, and districts, and establishes procedures and regulations for the review of projects that may affect such resources.

B.

Designation of Design Review—Historic (-DH) Combining Zone.

1.

Following consideration by the Commission, the Board may designate a (-DH) Combining Zone upon determining that it is consistent with General Plan Objective 7.5.2 (Maintenance of the Visual Integrity of Historic Resources).

2.

The boundaries of each (-DH) zone shall be specifically identified at the time of its creation. Said boundaries may be amended by a zone change in compliance with Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title.

C. Development Requirements within (-DH) Combining Zone.

1.

Development on multi-unit residential, commercial, or industrial zoned property within the (-DH) Combining Zone shall be reviewed for consistency with standards adopted under Subsection 130.52.030.C (Design Review Committee) in Article 5 (Planning Permit Processing) of this Title. If the development requires another discretionary permit, such as a Conditional Use or Development Plan Permit, said discretionary permit will satisfy the Design Review Permit requirement. For discretionary projects requiring public hearing, staff shall make a recommendation to the review authority based on the determination of consistency.

2.

Prior to issuance of a building permit for single-unit residential development, consistency with design and development standards under Subsection D (Adoption of Historic Design Guidelines) below in this Section shall be determined by Administrative Permit (Section 130.52.010, Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, subject to the guidelines and standards adopted for the specific (-DH) Combining Zone in which the development is located.

D.

Adoption of Historic Design Guidelines. The Board shall adopt, by resolution, guidelines and standards that shall delineate the requirements for design review within each historic district. Until such time as design guidelines and standards are adopted, the Historic Design Guides adopted by the Board on April 13, 1982, and reformatted on April 24, 2018 (Resolution No. 0722018), shall be applied.

Sec. 130.27.070 - Design Review—Scenic Corridor (-DS) Combining Zone—Reserved. Sec. 130.27.080 - Reserved.

Sec. 130.27.090 - Mobile/Manufactured Home Parks (-MP) Combining Zone.

A.

Combining Zone Established. The Mobile/Manufactured Home Park (-MP) Combining Zone is established to provide consistent standards for mobile/manufactured home parks, hereinafter referred to as "mobile home park(s)".

B.

Applicability. The following standards shall apply to new mobile home parks or proposed revisions to an existing mobile home park, where allowed in the use matrices for the zones.

C.

Compliance with State Law. All mobile home parks shall comply with the minimum standards of the Mobile Home Parks Act (Health and Safety Code 18200 et seq.) and the applicable Mobile Home Parks Regulations adopted by the Department of Housing and Community Development (Code of Regulations, Title 25) to include, but not be limited to lot size and setback standards, infrastructure requirements, operations, maintenance, and inspections within a mobile home park.

D.

Development Standards. New mobile home parks shall comply with the standards found in the adopted Mobile Home Park Design Standards (Resolution 200-2015).

Sec. 130.27.100 - Airport Noise and Safety Contour (-ANS).

A.

Purpose. This chapter establishes regulations to assure that the creation or establishment of structures or objects of natural growth will not constitute hazards to air navigation; to minimize public exposure to airport related hazards; and to assure the compatibility of permitted development with anticipated airport noise levels consistent with the El Dorado County Airport Land Use Compatibility Plan (ALUCP).

B.

Applicability. These regulations shall be combined with existing principal zone districts and shall apply to areas designated Airport Noise and Safety Contour (-ANS) on the zoning maps that coincide with the Airport Influence Area (AIA) as identified in the ALUCP for the Cameron Airpark, Georgetown, and Placerville airports. All land uses and development standards of the principal zone shall apply in the combined zone except in so far as they are inconsistent with or modified by the land uses and development standards set forth in the ALUCP. Parcels or portions of parcels that are not located within the AIA as identified in the ALUCP are not subject to the Airport Noise and Safety Contour (-ANS) regulations.

C.

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Airport" means an area of land or water that is used or intended to be used for the landing and taking off of aircraft and includes its buildings and facilities, if any (Federal Aviation Regulations [FAR], Section 1.1, General Definitions). Airports include the Cameron Airpark Airport, Georgetown Airport, Placerville Airport, or any new public-use or military airport that may be created within the western El Dorado County area under the jurisdiction of the El Dorado County Airport Land Use Commission.

"Airport hazard" means any structure or natural growth that obstructs the navigable air space.

"Airport Influence Area (AIA)" means an area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The AIA constitutes the area within which certain land use actions are subject to ALUC review to determine consistency with the policies herein.

"Airport Land Use Commission (ALUC)" means a commission authorized under the provisions of California Public Utilities Code, Section 21670 et seq. and established (in any county within which a public-use airport is located) for the purpose of promoting compatibility between airports and the land uses surrounding them. The El Dorado County Transportation Commission, or a legally established successor agency, acts as the Airport Land Use Commission for El Dorado County.

"Airport Land Use Compatibility Plan (ALUCP)" means a planning document that contains policies for promoting safety and compatibility between public use airports and the communities that surround them. The ALUCP is the foundation of the airport land use compatibility planning process. It is adopted by the ALUC and reflects the ALUCs jurisdictional boundary.

"Avigation Easement" means an easement that conveys rights associated with the aircraft overflight of a property and establishes restrictions on use of the underlying property.

"Imaginary surfaces" means surfaces established in relation to the end of each runway or designated takeoff and landing area, as defined in paragraphs 77.25, 77.28 and 77.29 of the Federal Aviation Regulations (FAR) Part 77. Such surfaces include imaginary approach, horizontal, conical, transitional, primary and other surfaces. These surfaces are specifically described for each airport in the airport comprehensive land use plan and shall be calculated based upon the established airport elevation. The established elevation of an airport shall be the highest point of the usable land area.

D.

Land Use Compatibility. New development, development approval or any expansion of existing uses shall be consistent with the criteria of the land use compatibility guidelines contained in the ALUCP. Notwithstanding the restrictions for the location of a single-family residence within the AIA, the construction of a new single family residence on a lawfully created parcel, when appropriately zoned, may be permitted in accordance with height restrictions, and noise attenuation requirements of the ALUCP.

In interpreting and applying the land use compatibility guidelines, the land use criteria are the minimum requirements for the promotion of the public health, safety and general welfare. If an ambiguity arises concerning the content or application of the guidelines, the El Dorado County Airport Land Use Commission shall ascertain all relevant facts, consider the ambiguity, and interpret and apply the guidelines.

E.

Exceptions. The land use compatibility guidelines and the provisions of Subsection 130.27.100.D (Land Use Compatibility) above in this Chapter shall not apply to the following:

1.

Temporary uses. Temporary uses, including, but not limited to: carnival, air show, or other outdoor entertainment events; provided, that the airport is temporarily closed for general aviation purposes;

2.

Overruling ALUC Determination. If the Planning Commission wishes to proceed with a proposed action, regulation, permit, or project that the ALUC has determined to be inconsistent with the ALUCP, the Planning Commission must overrule the ALUC determination. To do so, the Planning Commission must make the findings and follow the notification and voting requirements specified in state law (California Public Utilities Code Sections 21676 and 21676.5).

F.

Development Requirements. Development requirements are set forth in the ALUCP.

G.

Administration. No building permit or development permit or other entitlement for use shall be issued by the County for any development or activity within areas designated (-ANS) on the zoning map until such development or activity has been reviewed and found to be in compliance with the ALUCP.

H.

Supplemental application information. An application for a building or development permit or other entitlement for use shall include information and any maps, drawings or other information as may be required by the ALUCP.

I.

Airport Land Use Commission Review. No discretionary permit of any type shall be approved for development or activity within the AIA until the County has forwarded the application to the Airport Land Use Commission responsible for the administration of the ALUCP for review as to consistency with the plan and the County has received any recommended conditions or restrictions in order to ensure the public health, safety and general welfare, including but not limited to the requirement for filing of an avigation easement dedication, in compliance with Section 4.6.1 of the ALUCP.

Sec. 130.27.110 - Reserved. Sec. 130.27.120 - Tahoe Basin (-T) Combining Zone.

A.

Combining Zone Established. The Tahoe Basin (-T) Combining Zone identifies lands under the jurisdiction of both the County and the Tahoe Regional Planning Agency (TRPA), and provides for the coordination of planning and permitting activities between both agencies.

B.

Applicability. The Tahoe Basin (-T) Combining Zone shall apply to all lands within the Lake Tahoe drainage basin, except for those zoned Meyers Area Plan (MAP).

C.

Development Review. In addition to the standards required under the base zone, all use and development shall be subject to any additional permitting requirements, development standards, and regulations adopted by the TRPA Plan Area Statement and other TRPA regulations, as amended from time to time.

D.

Development Standards. The following development standards in Table 130.27.120.A (Tahoe Basin Combining Zone Development Standards) below in this Section shall supersede the development standards of the base zone for all lots within the (-T) Combining Zone. Where a dash (—) is designated, the standard shall comply with the base zone.

Table 130.27.120.A—Tahoe Basin Combining Zone Development Standards

Development Attribute	RM	R1	R1A	RE	TPZ	CC	I
Min. Lot Width	60 ft, only	—	—	—	—	—	—
Setbacks	2nd foor cantilevered living space can extend 4 ft into the front yard. No zero lot lines for common walls.	2nd foor cantilevered living space can extend 4 ft into the front yard.	Residential: Front = 20ft Side = 10ft Rear = 30ft 2nd foor cantilevered living space can extend 4 ft into the front yard.	Residential: Front = 20ft Side = 10ft Rear = 30ft	—	—	—
Parking1		Requirements under Table 130.35.030.1 (Schedule of Of-Street Vehicle Parking Requirements) in Article 3 (Site Planning and Project Design Standards) of this Title may be in tandem.
Lot Coverage	Subject to: Bailey Use Scoring System (Development prior to 7/1/87); or Individual Parcel Evaluating System (IPES)
Max. Height	25 feet at natural grade. Additional height subject to: TRPA Code of Ordinances, Chapter 37
NOTES: 1Subject to Chapter 130.35 (Parking and Loading) in Article 3 (Site Planning and Project Design Standards) of this Title, except where noted.

CHAPTER 130.28. - PLANNED DEVELOPMENT (-PD) COMBINING ZONE

Sec. 130.28.010 - Planned Development (-PD) Combining Zone Established.

The Planned Development (-PD) Combining Zone implements the General Plan by providing innovative planning and development techniques that allow the use of flexible development standards; provide for a combination of different land uses which are complimentary, but may not in all aspects conform to the existing zoning regulations; allow clustering of intensive land uses to minimize impacts on various natural resources; avoid cultural resources where feasible; promote more efficient utilization of land; reflect the character, identity and scale of local communities; protect suitable land for agricultural uses; and minimize use compatibility issues and environmental impacts.

Sec. 130.28.020 - Applicability. ¶

The provisions of this Chapter shall apply to the following:

Lands zoned or required by the General Plan to be zoned with the Planned Development (-PD) Combining Zone.

B.

All newly constructed residential and non-residential condominium projects when design standards and Condominium Plans are not available, in compliance with Section 130.28.070 (Condominium Conversions) below in this Chapter.

Sec. 130.28.030 - Combination with Other Zones.

A.

The (-PD) Combining Zone may only be added to a base zone through a zone change application in compliance with Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title.

B.

Residential development density shall be that allowed in the base zone, except as provided in Section 130.28.060 (Residential Density Bonuses for On-site Open Space) below in this Chapter and Chapter 130.31 (Affordable Housing Requirements and Incentives) in Article 3 (Site Planning and Project Design Standards) of this Title. Where the base zone is designated as open space, the density shall be calculated based on the maximum density allowed under the General Plan land use designation.

C.

Allowed uses of a Development Plan shall only be those allowed in the base zone, as provided in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.25 (Special Purpose Zones) above in this Article, except for common area recreational facilities and similar uses.

Sec. 130.28.040 - Zone Change and Development Plan Requirements.

A.

A Development Plan Permit application may be submitted with a zone change application to add the (-PD) Combining Zone, in which case the applications shall be processed concurrently in compliance with Section 130.52.040 (Development Plan Permit) in Article 5 (Planning Permit Processing) of this Title and Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title. The review authority shall consider the zone change and development plan applications on their own merits and may consider approval of the zone change without approving the development plan.

B.

No use shall be allowed on lands zoned with the (-PD) Combining Zone unless a Development Plan Permit is approved by the Commission or Board. All subsequent permits for building, grading, or other development approvals must be found consistent with the approved Development Plan Permit.

Sec. 130.28.050 - Residential Development Requirements.

All residential development projects in the (-PD) Combining Zone shall be subject to the following:

A.

Open Space. Except as provided in Section 130.28.050.B (Exemptions and Alternatives to the Onsite Open Space Requirement), below in this Section, 30 percent of the total site shall be set aside for open space that is commonly owned or publicly dedicated. Commonly owned open space, as defined in Article 8 (Glossary: See "Open Space: Common") of this Title shall not include space occupied by infrastructure such as roads, parking lots, or above ground components of sewer and water treatment plants, or area set aside for the sole use of individual residents, such as private balconies and patios. Commonly owned Open Space may include land developed or set aside for:

1.

Recreational purposes, such as parks, ball fields, golf courses, or picnic areas;

Passive purposes, such as gathering places, community gardens and landscaped areas;

3.

Aesthetic purposes, such as naturally scenic areas;

4.

Protection of agricultural or natural resources;

5.

Pedestrian circulation, in compliance with Subsection D (Pedestrian Circulation) below in this Section; or

6.

Natural or man-made lakes, ponds and other water features, which are included in the calculation of open space, but excluded from the calculation of base units and bonus density.

B.

Exemptions and Alternatives to the Onsite Open Space Requirement. To facilitate and encourage development of higher density housing types, including those serving moderate and lower income households, exemptions and alternatives to the 30 percent onsite open space requirement are identified below.

1.

Exempt Projects. The following projects are exempt from the open space requirement:

a.

Residential planned developments consisting of five or fewer lots or units;

b.

Condominium conversions;

c.

Projects within Community Regions or Rural Centers on existing sites three acres or less in size;

d.

Residential Multi-Family (RM) zoned projects or the residential component of Mixed Use Developments.

2.

Alternatives for Improved Open Space. The common open space requirement may be reduced to 15 percent of the total site for Planned Developments in the R1 and R20K zones, where:

a.

The common open space is improved for active recreational uses, including but not limited to swimming pools, sport courts or sport fields, tot lots, clubhouse or meeting room facilities, and community gardens, or for passive recreational uses such as landscaped buffers or greenbelts; and

b.

In addition to the common open space, additional area equal to 15 percent of the total site is devoted to open space areas reserved for the exclusive use of individual residents, such as private yards and patios.

3.

Open Space requirements for Planned Developments within Agricultural Districts. In order to conserve and promote agricultural activities and uses within the County, planned developments within Agricultural Districts may set aside open space for agricultural uses. The resulting agricultural area reserved for open space may be used for any allowed agricultural use, include raising and grazing of animals, orchards, vineyards, community gardens and crop lands. The minimum size of the clustered residential lots in a planned development within an Agricultural District shall be not less than 20 acres.

C.

Clustering. Residential lots shall be clustered , where feasible, to promote integrated site design that considers natural features of the site, creates more area for open space and recreation, avoids cultural resources, minimizes aesthetic impacts, maintains opportunities for commercial grazing, and minimizes loss of important agricultural lands.

D.

Pedestrian Circulation. Pedestrian connections shall be provided to allow internal circulation for the residents of the development to access surrounding commercial, recreational, residential, and civic uses, or on-site open space areas. Said connections can be counted toward the open space requirement in Subsection A (Open Space) above in this Section.

Sec. 130.28.060 - Residential Density Bonuses for On-site Open Space Dedication.

Density bonuses may be earned where a new minimum of 30 percent of the land area within a residential development project is set aside for commonly owned or publicly dedicated open space, as defined in Article 8 (Glossary: See "Open Space: Public") of this Title.

A.

The amount of bonus units earned shall be based on the amount of developable land within the open space. For purposes of this Section, "developable land" excludes the following:

1.

Lakes, rivers, and perennial streams.

2.

Areas encumbered by road and/or public utility improvements.

B.

The number of base units for the project shall be based on the amount of gross acreage, excluding water bodies, and the maximum density provided by the existing or proposed zones. Base units may be based on proposed zoning if the proposed zoning is approved concurrently with the project. Where the existing or proposed zone is Open Space (OS), density calculation shall be based on the maximum density allowed by the General Plan land use designation.

C.

Calculating Total Project Density with a Density Bonus. The formula for calculating base units, bonus units, and total project density is as follows:

1.

Base units are calculated by subtracting the area of lakes, rivers, and perennial streams from the gross acreage and multiplying the difference by the maximum density allowed in the zone(s). Where there is more than one zone, total base units shall be the sum of each zone calculation.

Bonus units are calculated by multiplying the acreage of developable land set aside as open space by 1.5 times the density allowed in its existing or proposed zone(s). Where there is more than one zone, total bonus units shall be the sum of each zone calculation. Where the existing or proposed zone is Open Space (OS), the density bonus calculation shall be based on the maximum density allowed by the General Plan land use designation.

3.

Fractions of base units and bonus units resulting from the calculations above shall be rounded down to the next whole number.

4.

Total maximum project density is the sum of the total base units and total density bonus units.

D.

Density Bonus for Affordable Housing. The open space density bonus provided under this Section is in addition to any bonus that may be applicable in compliance with Chapter 130.31 (Affordable Housing Density Bonus) in Article 3 (Site Planning and Project Design Standards) of this Title.

Sec. 130.28.070 - Condominium Conversions.

Condominium conversions shall meet the following requirements:

A.

Conformance with all applicable standards of Chapter 110.16 (Uniform Building Code) of Title 110 (Buildings and Construction) in the County Code of Ordinances;

B.

All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, utilities, open space, recreational facilities, drainage facilities, and other infrastructure and improvements not dedicated to a public entity shall be maintained by the property owners and incorporated in the Covenants, Conditions & Restrictions (CC&Rs) for the project;

C.

The units shall be individually metered or provisions contained in the CC&Rs to provide for a single meter billed to the property owners' association;

D.

Applications for conversion of multi-unit residential dwellings shall be reviewed by the Public Housing Authority for a determination of the impact of the project on the availability of affordable housing stock and a recommendation on options for preserving said housing stock;

E.

Multi-unit residential dwellings shall not be converted to a condominium, stock cooperative, or timeshare until the following time periods have expired:

1.

Ten years from the date of issuance of the certificate of occupancy for the affected building that was not income restricted; or

2.

Twenty years from the date of issuance of the certificate of occupancy for building(s) for which density bonuses were granted in compliance with Chapter 130.31 (Affordable Housing Requirements and Incentives), or that contain any units restricted to

households earning 120 percent or less of the area median family income.

F.

Notice to the California Department of Housing and Community Development and the existing tenants shall be provided, in compliance with California Government Code Section 66427.1, at least two years prior to the conversion of any affordable residential housing units which met any of the following criteria at the time of construction:

1.

The units were built with the aid of government funding;

2.

The project was granted an affordable housing density bonus in compliance with Chapter 130.31 (Affordable Housing Density Bonus) in Article 3 (Site Planning and Project Design Standards) of this Title; or

3.

The project received other incentives based on the inclusion of affordable housing.

CHAPTER 130.29. - MINERAL RESOURCE (-MR) COMBINING ZONE: EXPLORATION, MINING, RECLAMATION, AND PROTECTION

Sec. 130.29.010 - Mineral Resource (-MR) Combining Zone Established.

The County recognizes that the extraction of minerals is essential to the continued economic well-being of the County and to the needs of society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The County also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation projects and their operational specifications may vary accordingly. This Chapter:

A.

Identifies those areas that are designated as Mineral Resource Zone 2 (MRZ 2xx) on the State Classification Reports, where the likely extraction of the resource through surface mining methods will be compatible with surrounding uses, in compliance with General Plan Policies 2.2.2.7 (Overlay Land Use Designations: Mineral Resource (-MR) and 7.2.2.2 (Protection of important mineral resources from incompatible development);

B.

Provides standards and regulations that promote and ensure the continued availability and development of the County's important mineral resources;

C.

Provides erosion control, groundwater protection, and otherwise protection of the environment;

D.

Regulates surface mining operations as required by the State of California to ensure that mined lands are reclaimed to a usable condition that is readily adaptable for alternative uses; and

E.

Protects the public health, safety, and welfare from residual hazards due to surface and sub-surface mining operations.

Sec. 130.29.020 - Definitions.

As used within this Chapter, the terms below will mean the following:

"Mined Lands" shall mean an area in which surface mining operations will be, are being, or have been conducted, including private roads appurtenant to any such area, land excavations, workings, mining waste, groundwater resources, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from or are used in surface mining operations are located.

"Surface Mining Operations" shall mean all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine.

Sec. 130.29.030 - Applicability. ¶

The regulations in this Chapter shall be combined with those of the base zone and shall apply to all public and private lands within the County designated as the Mineral Resource (-MR) Combining Zone on the zoning maps. All uses and development standards of the base zone shall apply in the combining zone except when they are incompatible with or modified by the uses and development standards set forth in this Chapter. Removing the (-MR) Combining Zone from the base zone shall be considered by the County only when specific studies similar in nature to State Classification Reports prove that a significant mineral deposit no longer exists (General Plan Policy 7.2.3.12: Environmental/Land Use Compatibility).

Sec. 130.29.040 - Exemptions. ¶

The following activities are exempt from the requirements of this Chapter:

A.

Agricultural grading permit issued by the Agriculture Department.

B.

On-site and-off site excavation and grading activities under an approved grading permit or that are exempt from the requirement for a grading permit. These exempt activities may include processing of materials generated by the grading operation, including rock crushing, stockpiling, aggregate washing, screening and drying.

C.

Operation of a plant site for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials; and on-site stockpiling and recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated Industrial or Commercial in the General Plan.

2.

The plant site is located on lands zoned for industrial or commercial use, or on land subject to an active Conditional Use Permit for mineral processing.

3.

None of the minerals being processed are being extracted on-site.

4.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred on-site after January 1, 1976.

D.

Emergency excavations or grading conducted by the State Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

E.

Excavations or grading for the exclusive purpose of obtaining materials for road construction and maintenance for timber or forest operations with an approved timber harvest plan, if:

1.

The land is owned by the same person or entity; and

2.

The excavation is conducted adjacent to timber or forest operation roads.

This exemption is only available if slope stability and erosion are controlled in accordance with Board regulations. Upon closure of the site, the person closing the site shall implement necessary revegetation measures and post-closure uses in consultation with the State Department of Forestry and Fire Protection. This exemption does not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or within 75 feet of a Class Two watercourse, or to excavations for materials that are or have been sold for commercial purposes.

F.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:

1.

The operations are consistent with the General Plan and zone requirements of the site;

2.

The operations are being conducted in accordance with the California Public Resources Code Division 3, Section 3000 et seq.;

3.

The earthmoving activities are within oil or gas field properties under a common owner or operator; and

4.

No excavated materials are sold for commercial purposes.

G.

Table 130.29.070.1—Mineral Exploration and Mining

For zone nomenclature, refer to Chapters 130.21 through 130.25	A Administrative Permit required (130.52.010) CUP Conditional Use Permit required (130.52.021) —- Use not allowed in zone	A Administrative Permit required (130.52.010) CUP Conditional Use Permit required (130.52.021) —- Use not allowed in zone	A Administrative Permit required (130.52.010) CUP Conditional Use Permit required (130.52.021) —- Use not allowed in zone
Zones	Level A	Level B	Level C
RM, R1, R1A, R2A, R3A, CPO, CL, CM	A	—	—
RE, RL, AE, AP, PA, AG, FR, TPZ	A	CUP	CUP
IL, R&D, CC, CR, CG, RFL, RFH, TC, OS	A	CUP	CUP
IH	A	A	CUP

De-watering will occur or water will be discharged from the site as a result of the operation.

C.

Level C operations are considered mining under criteria (3.a) and (3.b) above, and shall be subject to the approval of a reclamation plan under the requirements of Section 130.29.090 (Mining and Reclamation) below in this Chapter and SMARA, as well as buffer requirements in compliance with Section 130.29.080 (Measure A Initiative Ordinance) below in this Chapter.

Sec. 130.29.080 - Measure A Initiative Ordinance.

A.

Policy. It is the policy of the County that use conflicts between rural and rural residential uses and mining uses must be minimized by the creation of adequate buffer zones between such potentially conflicting uses. Furthermore, it is essential to the County to preserve the rural residential and residential character of the County and that mining and exploration for mining be allowed to proceed only with adequate buffering between mining and residential uses. It is a further policy of the County that managing these conflicting uses will aid in deterring adverse environmental impacts, including, but not limited to, wildlife, groundwater, flora, fauna, traffic, dust, air quality, and adverse impacts on public health, safety, and welfare and will result in mutual benefit to both future mining and residential uses.

B.

Implementation. In addition to any other requirements set forth in any applicable zone, all projects for any kind of open pit mining or strip mining for purposes of exploration or extraction which require the removal of overburden in a total amount of more than 1,000 cubic yards on any lot shall require issuance of a Conditional Use Permit. However, prior to issuing the Conditional Use Permit, in addition to any other necessary findings, the review authority shall make the finding that all boundaries of the proposed project for open pit mining or strip mining shall be greater than a linear distance of 10,000 feet from any existing residential, hospital, church, or school use, including, but not limited to, nursery or day care uses or any residential, hospital, church or school use as designated in the General Plan or any community or specific plan, or as allowed by this Title. This finding shall not apply to a detached, single-unit residential dwelling located on the lot for which the Conditional Use Permit is sought.

C.

Exception. An exception to this Section shall be granted only under limited circumstances after a public hearing properly noticed to all land owners within 10,000 feet of the proposed project boundaries and upon findings by the review authority on the basis of substantial evidence in the record that: (1) the proposed project will not have any adverse impact on the environment or upon public health, safety, and/or welfare; and that (2) the project will not discourage residential use so designated in the General Plan or any community or specific plan or as allowed by this Title within 10,000 feet of the project boundaries.

D.

Incorporation of These Policies into the General Plan Text and Maps. Upon passage of the ordinance codified in this Section, the County shall amend the General Plan text and maps to incorporate and conform to the provisions of this Section.

E.

Implementation and Consistency. Upon passage of the ordinance codified herein, the General Plan and this Title shall be interpreted so as to give effect to the provisions of this Section. The provisions of this Section shall prevail over any revisions to the General Plan and any specific plans. Any amendments to the General Plan and this Title made subsequent to the passage of the ordinance codified in this Section shall be consistent with the provisions of this Section.

F.

Referendum. This Section may be amended or repealed only by a majority of the voters of El Dorado County.

G.

P.

Amendments to an approved reclamation plan may be submitted detailing proposed changes from the original plan. Substantial deviations from the approved reclamation plan shall not be undertaken until the amendment has been filed with, and approved by, the Commission. Minor deviations from the approved reclamation plan may be approved by the Director where a finding can be made that the minor deviation substantially conforms to the approved reclamation plan.

Q.

Each Conditional Use Permit for a mining operation shall be reviewed periodically for compliance with the requirements of the permit. The costs of said review shall be funded by the holder of the Conditional Use Permit. The time period for said review shall be set by a condition of approval, but in no case shall it exceed five years.

R.

Recordation on property titles of the presence of important mineral resources within the (-MR) Combining Zone may be a condition of approval for any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

Sec. 130.29.100 - Standards for Reclamation.

A.

Compliance with Regulations. All reclamation plans shall comply with the provisions of SMARA Sections 2772 and 2773, and State regulations (Sections 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial deviations to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards under State regulations (Sections 3700 through 3713).

1.

Additional Standards. The Commission may impose additional performance standards developed either in review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

2.

Phasing. Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the County. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

a.

The beginning and expected ending dates for each phase;

b.

All reclamation activities required;

c.

Criteria for measuring completion of specific reclamation activities; and

d.

Estimated costs for completion of each phase of reclamation.

B.

Financial Assurances. To ensure that reclamation will proceed in accordance with the approved reclamation plan, the County shall require security, as a condition of approval, which shall be released upon satisfactory performance. The applicant may post security in the form of a surety bond, a trust fund, cash deposits, escrowed negotiable securities, or an irrevocable letter of credit from an accredited financial institution in a form and manner acceptable to the County and the State Mining and Geology Board as specified in State regulations. In reviewing the method of security, the County shall make a reasonable

determination of its adequacy to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the County and the State Department of Conservation.

1.

Compliance Required. Financial assurances will be required to ensure compliance with all elements of the approved reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, removal of structures and equipment, and other measures if necessary.

2.

Cost Estimates. Cost estimates for the financial assurance shall be submitted to the Department for review and approval prior to the operator securing financial assurances. The Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the County has reason to determine that additional costs may be incurred. The Director shall have the discretion to approve the financial assurance if it meets the requirements of this Chapter, SMARA, and State regulations.

3.

Basis for Assurance Amount. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year.

a.

Cost estimates should be prepared by a California licensed professional engineer and/or other similarly licensed and qualified professional retained by the operator and approved by the Director.

b.

The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs.

c.

Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, reasonable profit by a commercial operator other than the permittee, and inspections and administration by the County and/or persons under contract by the County.

d.

A contingency factor of ten percent shall be added to the cost of financial assurances.

4.

Abandonment of Operations. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, as a consequence, the County or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

Effective Period. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including any maintenance required.

6.

Annual Adjustment. The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the operator may not claim credit for reclamation scheduled for completion during the coming year.

7.

Revisions. Revisions to financial assurances shall be submitted to the Director each year prior to the anniversary date for approval of the financial assurances. Said revisions shall be forwarded to the State Department of Conservation for review in accordance with this Chapter. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain in written detail why revisions are not required.

C.

Public Records. Reclamation plans, reports, applications, and other documents submitted in compliance with this Chapter are public record, unless it can be demonstrated to the satisfaction of the lead agency that the release of the information, or part thereof, would reveal production, reserves, or rate of depletion, and title to protection as proprietary information. The review authority shall identify such proprietary information as a separate part of the application. Proprietary information shall be made available only to the State Department of Conservation and to persons authorized in writing by the operator.

D.

Documents Furnished to State. A copy of all reclamation plans, reports, applications, and other documents submitted in compliance with this Chapter shall be furnished to the State Department of Conservation by the review authority upon request.

E.

Succession of Interest. Whenever one operator succeeds to the interest of another in any uncompleted surface mining operation by sale, assignment, transfer, conveyance, exchange, or other means, the successor shall be bound by the provisions of the approved Conditional Use Permit and/or reclamation plan and the provisions of this Chapter.

F.

Appeals. Any person shall have the right to appeal to the Board an act or determination of the Department or the Commission in the exercise of the authority granted in this Section, in compliance with Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

G.

Violations and Penalties. If the Director determines, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, that a surface mining operation is not in compliance with this Chapter, an approved Conditional Use Permit, and/or approved reclamation plan, the County shall follow the procedures set forth in SMARA Sections 2774.1 and 2774.2 concerning violations and penalties, such as administrative fines, as well as procedures for revocation of the Conditional Use Permit (Section 130.54.090, Revocation or County Mandated Modification of a Permit) in Article 5 (Planning Permit Processing) of this Title, which is not preempted by SMARA.

Sec. 130.29.110 - Interim Management Plans.

A.

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA including, but not limited to, all Conditional Use Permit approval conditions and measures the operator will implement to maintain the site in a stable condition for public health and safety. The proposed IMP shall be submitted on forms provided by the Department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project pursuant to CEQA.

B.

Financial assurances for idle operations shall be maintained as though the operation were active.

C.

Upon receipt of a complete proposed IMP, the Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Director.

D.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director and the operator, the Director shall review and approve or deny the IMP in accordance with this Section. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. The Director shall approve or deny the revised IMP within 60 days of receipt.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the Director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

F.

The approved Conditional Use Permit shall be considered active and not subject to Subsection 130.54.060.C (Permit Expiration) in Article 5 (Planning Permit Processing) of this Title on operations for which an IMP has been approved by the Director or submitted to the Director for review.

Sec. 130.29.120 - Annual Report Requirements.

A.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

B.

The Department shall arrange for an inspection of a surface mining operation within six months of receipt of the annual report to determine whether the surface mining operation is in compliance with the approved Conditional Use Permit conditions and/or reclamation plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a State-registered geologist, State-registered civil engineer, State-licensed landscape architect, or State-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or by other qualified specialists, as selected by the Director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The Department shall notify the State Department of Conservation within 30 days of completion of the inspection that said inspection has been conducted and shall forward a copy of said inspection notice and any supporting documentation to the mining operator.

2.

The operator shall be solely responsible for the reasonable cost of such inspection, including the cost of persons under contract to the County to perform such inspections.

3.

Failure by the operator to allow such required inspections by the Department or other responsible County agency shall constitute grounds for revocation of the Conditional Use Permit or termination of the vested mining activity.

ARTICLE 3. - SITE PLANNING AND PROJECT DESIGN STANDARDS* CHAPTER 130.30. - GENERAL DEVELOPMENT STANDARDS

Sec. 130.30.010 - Applicability. ¶

This Chapter identifies development standards that apply to all zones in order to provide consistent application of development standards throughout the County. Standards pertaining to the creation of new lots, new projects or the modification of existing lots are found in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document as applicable.

Sec. 130.30.020 - Minimum Area and Width of Lots.

A.

The minimum area and width of lots shall be as defined in the Development Standards for each zone as set forth in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, inclusive, and Title 120 (Subdivisions) of the County Code of Ordinances.

B.

Measurement of Lot Width. Lot width shall be measured in accordance with the following:

1.

The lot width shall be measured at the front lot line or the edge of the right-of-way or road easement. Where a lot is located at the end of a cul-de-sac or on the outside curve of a road, the lot width shall be measured at the minimum front setback line as established by the development standards of the zone.

2.

For a flag lot, the measurement requirements under Subsection B.1 above in this Section shall be taken across that portion of the lot not containing the access strip.

Sec. 130.30.030 - Parcel Size Exception—Parcels Conveyed to Government Agency.

A.

The minimum parcel size as set forth in each of the zone district regulations provided for in this Section shall be inapplicable to parcels created for the singular purpose of conveyance, dedication or transfer of the parcel to a governmental agency, public entity or public utility for such uses by the agency, entity or utility as may be authorized by law.

————

*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.

B.

At such time as a parcel created under the provisions of Subsection A of this section as conveyed or otherwise transferred to an entity other than a governmental agency, public entity or public utility, then the parcel shall be required to meet applicable minimum size regulations.

Sec. 130.30.040 - Parcel Size Exception—Same Generally.

In the following zone districts: RE, AG, LA, PA (where the property is not under a Williamson Act contract), RL, and FR, an existing parcel may be subdivided in such a way that one new parcel of less size than is required in the prevailing zone regulations is created within each subdivision provided the following conditions exist:

A.

Either the parcel is shown on the County tax roll or recorded deed as a separate parcel, is described as a fractional division of a section and a subsequent survey of the parcel shows it to be a maximum of 10 percent less than the acreage indicated on that tax roll; or

B.

The parcel is shown on the 1979 County tax roll as a separate parcel and the roll shows it to be a maximum of 10 percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; or

C.

The parcel is shown on the 1979 County tax roll as a separate parcel and a survey shows it to be a maximum of 10 percent less than the acreage required to make even divisions into the minimum parcel size to which it is zoned; and both of the following:

1.

The smallest parcel proposed to be created is no less than 75 percent of the minimum size required by the applicable zone but, in no case shall a parcel be created less than 4.5 acres when groundwater dependent; and

2.

All other parcels proposed to be created are no less than the minimum required by the applicable zone or no more than onetenth of an acre larger than the minimum.

No parcel size exception shall be granted where the exception would conflict with general plan policies or provisions of this Title that require buffers to adjacent parcels.

(Ord. No. 5241, § 5, 8-19-2025)

Sec. 130.30.050 - Setback Requirements and Exceptions. ¶

All structures and buildings (see Article 8—Glossary: "Structure" of this Title) shall be located on a lot so as to conform to the setback requirements established for the zone in which the lot is located, as set forth in Chapters 130.21 (Agricultural, Rural , and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) in Article 2 (Zones, Allowed Uses, and Zoning

Standards) of this Title, inclusive, except as provided in this Chapter unless and until a Variance is granted 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 130.52.040 (Development Plan Permit) in Article 5 (Planning Permit Processing) of this Title.

Measurement of Setbacks. Setbacks shall be measured from the closest of either a property line, the edge of a road easement, or the edge of a right-of-way line to the nearest point of the foundation or support of a building or structure, on a line perpendicular to the property line, road easement, or right-of-way line.

1.

Setbacks adjacent to existing private roads without defined right-of-way or road easements shall be measured from the edge of the maintained area of the road. Setbacks adjacent to County-maintained roadways shall be measured from a distance of 30 feet from the centerline of the road.

2.

Where the Board has adopted a future roadway alignment, the minimum setback shall be measured from the edge of the future right-of-way line.

3.

Expanded setbacks from major roads identified in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document shall be applied to protect future right of way for the planned widening of those roads. Proposed development adjacent to these roads shall be increased by the distance shown in the DISM/LDM, or successor document.

4.

Corner Lots. A corner lot with frontage on two or more streets shall have front yard (see Article 8 - Glossary: "Yards" of this Title) setback requirements, as identified in the Development Standards Tables in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, along each property line adjacent to a street, subject to the following exceptions:

a.

Double Frontage Corner Lots. On a corner lot with frontage on two streets, the building permit application shall specify the primary front yard; the remaining street frontage shall be considered the secondary front yard, as shown in Figure 130.30.050.A (Example: Corner Lot Setbacks) below in this Section. The yard opposite the primary front yard shall be considered the rear yard. The primary front yard setback shall comply with the front yard setbacks of the zone; the secondary front yard setback shall comply with the secondary front setback applicable to the zone.

Figure 130.30.050.A Example: Corner Lot Setbacks

==> picture [200 x 144] intentionally omitted <==

b.

Triple Frontage Corner Lots. On a corner lot with frontage on three streets, the building permit application shall specify the primary front yard. The frontage opposite the primary front yard shall be considered a rear yard for setback purposes, providing vehicular access is restricted.

Rear Setback on Triangular Lot. Where a triangular lot has no rear lot line because its side lot lines converge to a point, an assumed line placed at the point, or vertex, of the angle and running perpendicular to a line bisecting the angle shall be considered the rear lot line for the purpose of measuring the required rear setback, as shown in Figure 130.30.050.B (Example: Rear Setbacks, Triangular Lots) below in this Section.

Figure 130.30.050.B Example: Rear Setbacks, Triangular Lots

==> picture [169 x 134] intentionally omitted <==

5.

Through Lots. Through lots, or double frontage non-corner lots, shall maintain front yard setbacks for the primary frontage containing the driveway encroachment, and rear yard setbacks for the opposite frontage, providing vehicular access is restricted. Where vehicular access is allowed, front yard setbacks shall apply.

B.

Exceptions to Setback Requirements. The following exceptions to the setback requirements shall be allowed when the qualifying conditions have been documented by a licensed civil engineer or surveyor. All reductions in front yard setbacks shall be subject to cross visibility area (CVA) requirements under Subsection 130.30.070.B.4 (Fences, Walls, and Retaining Walls— Front Yards) below in this Chapter.

1.

Front Setback Reduction for Slope. Where the elevation of a lot measured at the required front setback line averages six feet or more for a lot less than one acre, or eight feet or more for a lot one acre or greater, above or below the elevation at the edge of road pavement adjacent to said lot, the required front setback for a single-story structure may be reduced by 50 percent, except:

a.

Where a lot has more than one frontage, the elevation criteria set forth under this Subsection B.1 must be satisfied for all frontages.

b.

Any parking structure allowed by this Subsection B.1 at a reduced front setback shall provide at least 20 feet of parking area between the edge of road pavement and the structure.

2.

c.

Propane Tanks shall meet the applicable standards of the fire code (See Article 8: Glossary—"Fire Code" and "Fire Safe Regulations" of this Title) subject to the following conditions:

(1)

Front. The propane tank may be located within the front setback provided it is not less than 10 feet from the property line and the tank is less than 40 inches in height and fully screened by fencing or landscaping.

(2)

Underground Tanks. May be located within any setback.

d.

Portable Sheds (non-habitable, less than 120 square feet of floor space, containing no utilities):

(1)

Front. Setback required by zone.

(2)

Side and Rear. Five feet minimum, subject to fire safe regulations under Subsection D (Fire Safe Setbacks) below in this Section.

Chimneys (at ground level):

(1)

Front and Rear. Three feet into setbacks.

(2)

Side. Three feet into setback, but in no instance shall the remainder of the side yard be less than three feet.

(3)

Chimneys that protrude above ground level, such as cantilevered chimney chases on the second story of a residence, shall not be subject to setback requirements.

f.

Solar Collectors that are ground mounted shall comply with the required side and rear setbacks for the zone, subject to the height requirements and maximum reduction in setbacks allowed under state Public Resource Code Section 25981.

g.

Bear Resistant Garbage Can Containers. A bear resistant garbage can enclosure in compliance with the approved list maintained by the Environmental Management Department shall be subject to the following minimum setbacks:

(1)

Ten feet from the road as measured from the edge of the curb-face or pavement if no curbing exists. In no event shall a container be placed within the road right-of-way or easement.

(2)

On corner lots, containers shall not be located within the CVA at the intersection, as shown in Figure 130.30.070.B (Cross Visibility Area (CVA) Example #2) below in this Chapter.

Trellises and Arbors.

(1)

A trellis shall be considered similar to a fence for setback purposes and be subject to the requirements for fences under Section 130.30.070 (Fences, Walls, and Retaining Walls) below in this Chapter.

(2)

An arbor less than 50 percent open shall be considered a structure and be subject to development standards, including setback requirements, for the zone.

D.

Special Setbacks for Agricultural and Timber Resource Protection. Notwithstanding any other provision of this Title, where incompatible uses, as defined in Article 8 (Glossary: see "Incompatible Uses: Agricultural") of this Title, adjacent to the agricultural zones of LA, PA, and AG, or the Forest Resource (FR) and Timber Production Zone (TPZ), the following setbacks shall apply on those lots containing the incompatible use:

1.

Setback Standards on Lots Adjacent to Agricultural Zones.

a.

When the agriculturally zoned lot is located within a General Plan designated Agricultural District: 200 feet.

b.

When the agriculturally zoned lot is located outside of a General Plan designated Agricultural District:

(1)

A lot with the proposed incompatible use is 10 acres or larger: 200 feet.

(2)

A lot with the proposed incompatible use is less than 10 acres: No special agricultural setback is required.

c.

When the lot adjacent to the agriculturally zoned lot is in a General Plan designated Community Region or Rural Center: 50 feet.

2.

Setback Standards on Lots Adjacent to the Forest Resource or Timber Production Zone:

a.

When the lot adjacent to the Forest Resource or Timber Production Zone is within the General Plan designated Rural Region: 200 feet.

b.

When the lot adjacent to the Forest Resource or Timber Production zone is within a General Plan designated Community Region or Rural Center: 50 feet.

3.

Setbacks and Buffers for Adjacent Tangent Lots. Where an agricultural or timber production zoned lot abuts a lot at a tangent or single point and where an agricultural or timber production zone setback will apply to the adjacent lot, the setback will be measured as a radius the length of the required setback, from the point of tangent into the adjacent lot, as shown in Figure 130.30.050.C (Examples: Tangential Setbacks) below in this Section:

Where an agricultural or timber production zoned lot abuts a lot at a tangent or single point and where an agricultural or timber production zone setback will apply to the adjacent lot, the setback will be measured as a radius the length of the required setback, from the point of tangent into the adjacent lot, as shown in Figure 130.30.050.C (Examples: Tangential Setbacks) below in this Section:

Figure 130.30.050.C Examples: Tangential Setbacks

==> picture [360 x 164] intentionally omitted <==

4.

Administrative Relief. Administrative relief from the setback requirements established in Subsections E.1 through E.3 above in this Section may be granted by the Ag Commission or the Director under an Administrative Permit (Section 130.52.010, Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title in compliance with criteria set forth by resolution of the Board, as amended from time to time.

E.

Special Setbacks for Mineral Resource Protection.

1.

Notwithstanding any other provision of this Title, where incompatible uses, as defined in Article 8 (Glossary: see "Incompatible Uses: Mining") of this Title, adjacent to lands located in the -MR Combining Zone containing existing approved mining operations, the following setbacks shall apply on those lots containing the incompatible use:

a.

250 feet on lots ten acres or greater.

b.

150 feet on lots less than ten acres in size.

2.

The required setbacks in Subsection F.1 above in this Section, may be administratively reduced under an Administrative Permit, in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title by not more than 50 percent when the property owner affected by the setback has demonstrated to the Director that the mineral resource is at least 250 feet from the property line and mining activities are not likely to be carried on within 250 feet of the property line.

F.

Protection of Wetlands and Sensitive Riparian Habitat.

1.

Content. This subsection establishes standards for avoidance and minimization of impacts to wetlands and sensitive riparian habitat as provided in General Plan Policies 7.3.3.4, 7.4.2.5 and 7.4.2.8.

2.

Applicability. The standards in this subsection apply to all ministerial or discretionary development proposed adjacent to any perennial streams, rivers or lakes, any intermittent streams and wetlands, as shown on the latest 7.5 minute, 1:24,000 scale United States Geological Survey (USGS) Quadrangle maps, and any sensitive riparian habitat within the County. Activities regulated under this subsection include those activities also regulated under the federal Clean Water Act (33 U.S.C. § 1251 et seq.) and California Fish and Game Code (Section 1600-1607). These standards do not apply to culverted creeks and engineered systems developed or approved by the County or other public agency for collection of storm or flood waters, or systems other than natural creeks designed to deliver irrigation or water supplies. Additional standards applicable to the design of new developments or subdivisions are found in the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document.

3.

Use Regulations.

a.

New ministerial and discretionary development shall avoid or minimize impacts to perennial streams, rivers or lakes, intermittent streams and wetlands, and any sensitive riparian habitat to the maximum extent practicable. Where avoidance and minimization are not feasible, the County shall make findings, based on documentation provided by the project proponent, that avoidance and minimization are infeasible.

b.

Any new development which does not avoid impacts to wetlands and sensitive riparian habitat shall prepare and submit a Biological Resource Assessment identifying the location of all features regulated under this Section.

c.

An applicant shall obtain all required permits from state or federal agencies having jurisdiction, and shall fully implement any mitigation program required as a condition of such permit. Where the area impacted is not within federal or state jurisdiction, the County shall require appropriate mitigation as recommended in a Biological Resource Assessment.

d.

Ministerial development, including single family dwellings and accessory structures, shall be set back a distance of 25 feet from any intermittent stream, wetland or sensitive riparian habitat, or a distance of 50 feet from any perennial lake, river or stream. This standardized setback may be reduced, or grading within the setback may be allowed, if a biological resource evaluation is prepared which indicates that a reduced setback would be sufficient to protect the resources.

e.

All discretionary development which has the potential to impact wetlands or sensitive riparian habitat shall require a Biological Resource Assessment to establish the area of avoidance and any buffers or setbacks required to reduce the impacts to a less than significant level. Where all impacts are not reasonably avoided, the biological resource evaluation shall identify mitigation measures that may be employed to reduce the significant effects. These mitigation measures may include the requirement for compliance with the mitigation requirements of a state or federal permit, if required for the proposed development activity.

f.

Any setback or buffer required by this subsection shall be measured from the ordinary high water mark of a river, perennial or intermittent stream, and the ordinary high water mark or spillway elevation of a lake or reservoir.

g.

Except where otherwise provided in this section, filling, grading, excavating or obstructing streambeds is prohibited except where necessary for placement of storm drain and irrigation outflow structures approved by the County; placement of public and private utility lines; construction of bridges and connecting roadways; maintenance activities necessary to protect public health and safety; and creek restoration and improvement projects.

h.

All new septic system construction shall comply with standards established by the Environmental Management Department, or applicable state and federal regulations for setbacks from lakes, rivers and streams.

i.

Projects within the joint jurisdiction of the County and the Tahoe Regional Planning Agency (TRPA) shall be subject to setbacks established by TRPA.

4.

Exceptions; Uses allowed. The following uses are allowed:

a.

Native landscaping;

b.

Fencing, consistent with the provisions of Subsection 130.30.070.B (Fences, Walls, and Retaining Walls—Front Yards) below in this Chapter, that does not interfere with the flow of waters or identified wildlife migration corridors;

c.

Roads or driveways used primarily for access or for the maintenance of a property;

Utilities;

Storm drains into riparian areas and creeks;

Trails and passive recreational activities not involving the establishment of any structures;

g.

Boat ramps, docks, piers, and related features used for private purposes, subject to applicable local, state, or Federal regulations;

h.

Construction and maintenance of bridges, culverts, rip-rap, and other drainage facilities;

i.

Agricultural activities that utilize best management practices (BMPs), as recommended by the Ag Commission and adopted by the Board.

Exceptions; Conditionally Permitted Uses.

a.

The uses, and structures allowed in applicable zones are allowed within riparian areas with an approved Minor Use Permit;

b.

In addition to the findings required for approval of a Minor Use Permit, the Zoning Administrator shall make all of the following findings for a Minor Use Permit for riparian area development:

(1)

The proposed use, structure, or encroachment cannot be feasibly located outside the riparian area or such location would have a more adverse effect on the stream environment.

(2)

Measures are included that provide adequate protection of wildlife habitat, water quality and in-stream habitat, and capacity for flood management.

6.

Performance Standards.

a.

Construction is prohibited in riparian buffers unless the necessary permits have been obtained from other responsible governmental agencies, and plans have been approved by the County.

b.

Grading, alteration of the natural contours of the land, or cutting or alteration of natural vegetation that protects sensitive riparian habitat is prohibited within riparian areas except when such action is required for the construction of an approved development or structure, associated with an agricultural use utilizing approved BMP's, or a creek restoration and enhancement project, or necessary to protect public health and safety.

7.

Specific setbacks for major lakes, rivers and streams. The setbacks identified in Table 130.30.050.H.1 (Specific Riparian Setbacks) below in this Section shall be provided, unless a discretionary approval by the County provides a larger or smaller setback.

Table 130.30.050.H.1—Specific Riparian Setbacks

Specifc Riparian Setbacks
Lakes and Reservoirs
Bass Lake	200 Feet
Folsom Lake	200 Feet
Jenkinson Lake (Sly Park)	200 Feet
Slab Creek Reservoir	200 Feet
Stumpy Meadows Reservoir	200 Feet
Rivers
American River (Middle and South Forks)	100 Feet
---	---
Cosumnes River (North, Middle and South Forks)	100 Feet
Rubicon River	100 Feet
Streams and Creeks
Big Canyon Creek	50 Feet
Deer Creek (South of US Highway 50 only)	50 Feet
Camp Creek	50 Feet
Clear Creek	50 Feet
Martinez Creek	50 Feet
Pilot Creek	50 Feet
Weber Creek	50 Feet

8.

Coordination with Other Regulatory Agencies. All required permits from the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers, regional water quality control board(s), California State Water Resources Control Board, or other applicable agencies, shall be obtained prior to commencement of construction. Evidence of approval or pending approval of any such permit shall be provided to the County, including all appropriate supporting materials, environmental documentation, and studies.

(Ord. No. 5241, § 6, 8-19-2025)

Sec. 130.30.060 - Height Limits and Exceptions.

All structures and buildings shall conform to the maximum height requirements established for the zone in which the lot is located as set forth in Chapters 130.21 (Agricultural, Rural, and Resources Zones) through 130.26 (Meyers Area Plan [MAP] Zone) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title, inclusive, subject to the exceptions under Subsection C (Exceptions to Building Height Requirements) below in this Section unless a Development Plan or Conditional Use Permit is approved allowing additional height, in compliance with Sections 130.52.040 (Development Plan Permit) or 130.52.021 (Conditional Use Permit) in Article 5 (Planning Permit Processing) of this Title.

A.

Measurement of Building Height. The height of a building is determined by calculating the average finished grade of each building wall, and measuring the height between this average finished grade and the highest point of the building, as shown in Figure 130.30.060.A (Example: Building Height Calculation) below in this Section. Where a retaining wall supporting a drop in grade is within a five foot horizontal distance from the exterior wall, the height of the retaining wall shall be included in the building height. If each building wall has a different height, then the average height of all four walls is calculated to determine the actual building height, as shown in Figure 130.30.060.A (Example: Building Height Calculation) below in this Section.

Figure 130.30.060.A

==> picture [202 x 154] intentionally omitted <==

B.

Building Height Calculation for Determination of Side Yard Setback in Residential Zones. This Subsection shall apply in all zones that require setbacks of less than 30 feet. To calculate side yard setbacks based on building height, the wall facing the side yard shall be measured in compliance with Subsection A above in this Section for average grade, but in this case the highest point of the building shall be that highest point within ten feet from the surface of the wall being measured, as shown in Figure 130.30.060.B (Example: Building Height Determination for Side Yard Setbacks) below in this Section:

Figure 130.30.060.B Example: Building Height Determination for Side Yard Setbacks

==> picture [389 x 186] intentionally omitted <==

For purposes of calculating the side yard setback, every foot or fraction thereof over a 25 foot height, as measured according to this Subsection, shall increase the setback by one foot. As demonstrated in Figure 130.30.060.B (Example: Building Height Determination for Side Yard Setbacks) above in this Section, the highest point measured, at 28 feet, shall increase the side yard setback by three feet.

C.

Exceptions to Building Height Requirements. Chimneys; church spires; elevator, mechanical and stair housings; flag poles; towers; vents; and other similar structures which are not used for human activity may be up to 20 percent higher than the maximum height requirements in all zones where the excess height is not prohibited by Section 130.27.100 (Airport Noise and Safety Contour [-ANS]) in Article 2 (Zones, Allowed Uses, and Zoning Standards) of this Title. The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity. No such structure shall be employed for any commercial or advertising use unless specifically allowed by the applicable zone, except that antennas and associated equipment may be located within such structures.

Sec. 130.30.070 - Fences, Walls, and Retaining Walls.

Measurement of Fence Height. Fence height shall be measured as the vertical distance between the natural or finished grade at the base of the lowest side of the fence, and the top edge of the fence material, as shown in Figure 130.30.070.A (Example: Fence Measurement) below in this Section:

Figure 130.30.070.A Example: Fence Measurement

==> picture [218 x 145] intentionally omitted <==

Front Yards. In all zones and for non-agricultural uses, the following fence and wall requirements shall apply within required front yard setback areas:

1.

Fences or walls at least 50 percent open shall be allowed up to a height of seven feet in both primary and secondary front yard setbacks, as determined in Subsection 130.30.050.A.4.a (Double Frontage Corner Lots) above in this Chapter.

2.

Fences or walls which are less than 50 percent open shall not exceed 40 inches in height in the primary front yard setback.

3.

The setback for a retaining wall greater than 36 inches in height may be reduced by 50 percent where the slope gradient for the front half of the lot exceeds 25 percent, providing:

a.

The exposed height shall not exceed seven feet.

b.

Any fence erected on the top of a retaining wall shall meet the requirements identified in this Section for height, construction, and cross-visibility area (CVA) purposes.

4.

Retaining walls that exceed the standards in 3.a above in this Section shall be subject to a Minor Use Permit in compliance with Section 130.52.020 (Minor Use Permit) in Article 5 (Planning Permit Processing) of this Title.

5.

Retaining walls necessary to provide site access or that do not exceed 36 inches in exposed height shall not be subject to setback requirements. In addition, such walls may be allowed within public utility easements but not within drainage easements.

Fences or walls less than 50 percent open may be allowed up to a height of seven feet in the secondary front yard setback, but not less than 10 feet from the property line, right-of-way, or road easement where the property line is the center line of the road, subject to the cross-visibility area (CVA) restrictions in Subsections B.7 and B.8 (Front Yards) below in this Section.

7.

At a corner formed by any encroachment onto a road, no fence or wall greater than 40 inches in height shall be placed within the CVA consisting of a triangle having two sides 10 feet long, running along the driveway/encroachment edge and the road edge-of-pavement, said length beginning at their intersection, and the third side formed by a line connecting the two ends, as shown in Figure 130.30.070.B (Cross Visibility Area [CVA]) below in this Section (See #1 above in this Section).

8.

On corner lots, no fence or wall greater than 40 inches in height shall be placed within the CVA consisting of a triangle having two sides 25 feet long, running along each right of way or road easement, said length beginning at their intersection, and the third side formed by a line connecting the two ends, as shown in Figure 130.30.070.B (Cross Visibility Area [CVA]) below in this Section (See #2 above in this Section):

Figure 130.30.070.B Cross Visibility Areas (CVA)

==> picture [199 x 144] intentionally omitted <==

C.

Side and Rear Yards. In all zones, fences, walls, cut retaining walls, or fences and walls that are erected within five feet of a retaining wall shall be allowed within required side and rear yard setbacks to a maximum cumulative height of seven feet. Fences, walls, or fences and walls that are erected within five feet of a retaining wall such that the cumulative height exceeds seven feet, but does not exceed ten feet in cumulative height, may be allowed subject to the following:

1.

Where the height of the fence or fence and wall is more than seven feet above the natural or finished grade of the adjacent property, a signed and notarized statement from the adjacent property owners that the proposed fence or wall, as described or shown in an attached exhibit, will not impact their view nor will it restrict light or movement of air and, therefore, they have no objection to the construction of the fence or wall;

2.

Director review of the notarized statement(s) to determine if it adequately represents the adjacent affected property. If such determination is made by the Director, the proposed fence or wall shall be approved through the Administrative Permit process in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title. The Director may require additional notarized statements from neighboring properties if, in his/her opinion, they may be impacted by the fence or wall; and

3.

Issuance of a building permit where required by the applicable Building Code (Title 110—Buildings and Construction, of the County Code of Ordinances).

D.

Agricultural Uses. On lots that are located in the R1A, R2A, R3A, RE, RL, AG, PA, LA, FR, and TPZ zones, agricultural fencing, as defined in Article 8 (Glossary: see "Agricultural Fencing") of this Title, shall be allowed in any setback area provided it does not exceed 14 feet in height.

E.

Retaining Walls. For the purposes of calculating fence or wall height, the height of a retaining wall is included in the calculation if the fence or wall is located on top of or within five feet of the retaining wall. A sloped area, if it exists between the retaining wall and the fence or wall shall be included in the height calculations as noted in Figure 130.30.070.C (Example: Retaining Wall/Fence Measurements) below in this Section.

Figure 130.30.070.C Example: Retaining Wall/Fence Measurements

==> picture [324 x 216] intentionally omitted <==

F.

Fences shall not be allowed within a road easement or county-maintained right-of-way except as provided below:

1.

Gates and decorative entryways to a non-county maintained road system subject to the requirements under Section 130.30.090 (Gates) below in this Chapter;

2.

In RE, RL, AG, PA, LA, FR, and TPZ zones, agricultural fencing as defined in Article 8 (Glossary: see "Agricultural Fencing") of this Title, may be located within a county-maintained right-of-way or non-county maintained road easement, provided that the fence is located a minimum of five feet outside of all improved areas, including roadside drainage features and cut or fill slopes. When located within a county-maintained right-of-way or non-county maintained road easement, the property owner shall be required to remove or relocate said fence at the time any work or improvements are being made within the right-ofway or at the County's discretion when necessary to ensure the public health, safety, and welfare.

G.

Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited. A Minor Use Permit will be required to allow these materials if it can be demonstrated that

the proposed fencing is reasonably necessary to protect persons or property and will not constitute a safety hazard to members of the public conducting themselves in a lawful manner. In no event shall these fencing materials protrude into or over the public right-of-way. These regulations shall not apply to fencing required by court order, or when being used for animal husbandry and/or grazing operations.

H.

Fences and walls not located within any of the required setback or cross-visibility areas are limited in height only by the building height limitations of the zone in which they are located.

I.

A building permit shall be required, for any fence over seven feet in height, in compliance with Chapter 110.16 (Uniform Building Code) of Title 110 (Buildings and Construction) of the County Code of Ordinances, or as otherwise required by Title 110.

J.

Fences or walls shall not exceed the requirements of this Section unless and until a Minor Use Permit is granted in compliance with Section 130.52.020 (Minor Use Permits) in Article 5 (Planning Permit Processing) of this Title.

K.

Columns, pilasters, and support structures, and the decorative elements thereon associated with a fence or gate located on or within required setbacks may exceed the height limit provided they meet the following criteria:

1.

They do not exceed eight feet in height;

2.

They are not located closer than 16 feet on center;

3.

The fencing materials do not cumulatively exceed the see-through fence standard, where applicable; and

4.

They do not interfere with the cross visibility area (CVA) associated with any street or driveway.

Sec. 130.30.080 - Hillside Development Standards; 30 Percent Slope Restriction.

A.

Content. This Section contains standards to implement General Plan policies applicable to development within hillside areas. This Section regulates disturbance and development on existing lots containing slope gradients 30 percent or greater in all zones, provides for exceptions to allow reasonable use of property, relieve burdens on and promote agricultural production and protect the public health and safety.

Standards applicable to the creation of new lots or modification of existing lots (through the Boundary Line Adjustment process) containing slopes greater than 30 percent are found in the Hillside Land Use Standards of the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document. The standards in this Title and the DISM/LDM, or successor document are provided to supplement other applicable regulations by providing additional planning and design tools to enable creative site planning, meeting the challenges of steep terrain, while minimizing the effects of construction on the hillside.

Applicability; Slope Gradient Calculation. These standards in this Section shall apply to any development that will result in ground disturbance on any portion of an existing lot with a natural gradient of at least 30 percent (30 feet of vertical distance for every 100 feet of horizontal distance) and a vertical height of at least 50 feet.

The calculation of site gradient shall exclude the following:

1.

Artificial slopes created under a permit issued by the County or for which a permit was not required at the time the slopes were created.

2.

Slopes designated as open space or non-building areas in a Specific Plan or Planned Development, or protected through an open space designation, slope easement or other similar covenant.

3.

Areas of a site outside the area proposed for development, grading or other construction activity.

C.

Development Standards Applicable to Slopes 30 Percent or Greater. Development that will result in ground disturbance on slopes 30 percent or greater with a vertical height of 50 feet or more shall be prohibited, except where reasonable use of the property would be denied, as provided in Subsection E (Reasonable Use of Existing Lots or Parcels) below in this Section, or the activity is exempt under Subsection D (Exemptions) below.

Any development allowed on slopes 30 percent or greater shall require a grading or building permit and shall include an erosion and sediment control plan in compliance with the County Grading Design Manual.

Where required by the Grading Design Manual, technical studies from qualified professionals, such as soils or geotechnical reports to assess the erosion potential or slope stability may be required. Recommendations for erosion control or slope stabilization measures contained in the technical reports shall be implemented as a requirement of the grading or building permit. A surety bond, cash deposit or other security acceptable to the County may be required to ensure that long term erosion control measures, such as slope landscaping, are permanently established.

D.

Exemptions. The following types of development are exempt from the provisions of this Section:

1.

Development that will avoid disturbance of slopes 30 percent or greater;

2.

Development on slopes with a gradient of 30 percent or greater and a vertical height of 50 feet or less;

3.

Construction of public or private streets and roads, emergency vehicle access or driveways;

4.

Development approved prior to the adoption of this ordinance which has identified the extent of allowable development. These include approved variances, tentative and final subdivision and parcel maps, planned developments or other actions;

5.

Disturbance of existing artificial slopes created under a permit issued by the County or for which a permit was not required at the time the slopes were created;

6.

Repair of existing infrastructure, or replacement or repair of existing structures in substantially the same footprint;

7.

Disturbance on slopes necessary for public safety, such as removal of poisonous or noxious plants, controlled removal or thinning of vegetation as part of a fire protection program, or other public safety purpose;

8.

Development of a public trail comprising a component of the County's regional parks and trails master plans;

9.

Projects located in the Tahoe Basin. Such projects are subject to the policies and regulations of the TRPA Code of Ordinances;

10.

Underground utilities with accessory above ground components, utility poles and guy wires, and other similar features;

11.

Agricultural activities that utilize best management practices (BMPs), as recommended by the Ag Commission and adopted by the Board.

E.

Reasonable Use of Existing Lots or Parcels. Where reasonable use of an existing lot or parcel would otherwise be denied, development or disturbance of steep slopes is allowed under the reasonable use criteria in this Section. Reasonable use guidelines are applied based on the type of development proposed. The reasonable use criteria in this Title are not applicable to new subdivisions, or to the modification of existing parcels under the Boundary Line Adjustment process. Standards for new subdivisions or modifications of existing parcels are found in the Hillside Development Standards of the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document.

1.

Single Family Residential on Existing Legal Lot. Development on existing, legally created parcels comprised of slopes that have a gradient of 30 percent or greater is allowed if ground disturbance related to development of the primary structure and any accessory structures and uses meets the following criteria:

a.

Minimize Area of Disturbance. The proposed total disturbance area on the parcel, excluding areas for septic systems, domestic water wells and driveways, shall not be greater than the thresholds contained in Table 130.30.080.A (Allowed Disturbance Area for Residential Parcels) below in this Section, based on the parcel size:

Table 130.30.080.A—Allowed Disturbance Area for Residential Parcels

Parcel Size
Less than 1 acre	1.0 acre to 1.5 acres	1.5 acres to 4.0 acres	Greater than 4.0 acres
35 percent of parcel area	15,000 square feet, plus 14 percent of area over 1 acre	18,000 square feet, plus 12 percent of area over 1.5 acres	32,000 square feet plus 10 percent of the area over 4 acres
---	---	---	---
All resulting values rounded up to the next 1,000 square feet

b.

Minimize Grading. Minimize the impact of grading to the extent feasible through measures such as stepped foundations instead of graded pads, configuration of structures and grading to minimize the impact on natural topographic contours, rounding of cut and fill slopes, and the use of retaining walls to reduce the area of disturbance of slopes 30 percent or greater.

2.

Non-Residential and Multi-Family Residential Development on Existing Legal Lots. Lands designated for non-residential and multi-family residential are limited in extent and distribution to a small number of parcels, generally within Community Regions and Rural Centers. Development or disturbance of slopes 30 percent or greater will be allowed where:

a.

The proposed use is consistent with the General Plan and Zone designation for the property;

b.

The development or disturbance will not impair the stability of slopes on the property or on surrounding properties;

c.

The development or disturbance will conform to the requirements of the County Grading Ordinance, including best management practices for erosion and sedimentation control;

d.

Design techniques have been utilized, where feasible, to respect natural contours, including rounding of cut and fill slopes to minimize abrupt edges;

e.

The proposed use complies with the development standards of Subsection C (Development Standards Applicable to Slopes 30 percent or Greater) above in this Section.

3.

Reasonable use determinations for ministerial projects will be made by the Director or Building Official based on the criteria above. The determination of reasonable use for discretionary projects will be made as part of the discretionary review of the proposed project. The reasonable use determination may be appealed in the manner set forth in Section 130.52.090 (Appeals) in Article 5 (Planning Permit Processing) of this Title.

F.

Reasonable Use Criteria for Placement of Septic Systems on Existing Legal Lots or Parcels. General Plan Policy 7.1.2.1 (Erosion/Sedimentation) restricts the placement of septic systems to on steep slopes. Where public or private sewer service is unavailable, septic systems are integral to the development of most structures. Thus, the placement of an effluent disposal field on slopes of 30 percent or greater is considered as part of the reasonable use determination required for the development of parcels with slopes greater than 30 percent.

Septic system components may be located in areas containing slopes greater than 30 percent where alternative locations are not feasible or where the placement would reduce the overall disturbance of slopes. Location of septic system components shall comply with Chapter 110.32 (Private Sewage Disposal Systems) of Title 110 (Buildings and Constructions) of the County Code of Ordinances, and other regulations as determined by the Environmental Management Department. The area of disturbance associated with construction of septic system components is allowed in addition to the reasonable use areas identified above.

Sec. 130.30.090 - Gates. ¶

The placement of gates across county-maintained rights-of-way shall be prohibited. The following regulations establish a supplemental review and approval procedure for placing gates across non-County-maintained roads or private driveways entering residential and nonresidential development. The regulations in this Section do not apply to gates serving exclusively agricultural uses.

A.

Single- and Multi-unit Residential Development. Single- and multi-unit residential dwellings located on one lot are allowed to construct gates across driveways providing the gates are located a minimum of 20 feet from the edge of pavement, will not swing into a county right-of-way or non-county maintained road or alley, are constructed consistent with applicable fire and building codes, and are in compliance with Subsections D.2 to D.5 (Design Standards for Gated Developments), inclusive, and D.9 ("Anti-directional" devices…) below in this Section.

B.

Nonresidential Development. An Administrative Permit is required, in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title, to establish gates at nonresidential driveway entrances that will prohibit free access/egress to and from the site by either remaining closed during business hours, such as with manned or automatic toll booths, or when being used to prevent public access after close of business. In addition to requirements under Section 130.52.010 (Administrative Permit, Relief, or Waiver), the permit shall be in compliance with Subsections D.1 to D.5 (Design Standards for Gates Developments), inclusive, and D.9 ("Anti-directional" devices at gated entrances…) below in this Section.

C.

Residential Subdivisions. An Administrative Permit shall be required to establish gates across non-county maintained road(s) within a residential subdivision consisting of two or more lots, including condominium developments. An Administrative Permit to establish gates shall not be approved unless the Director finds all of the following:

1.

The gate will not impede public access to a public resource, such as a public park, or interfere with existing or planned traffic circulation patterns; and

2.

The project conforms to the standards of Subsection D (Design Standards for Gates Developments) below in this Section.

D.

Design Standards for Gated Developments. The following standards shall be required in the design of gated developments. Deviation from these standards shall require a Conditional Use Permit in compliance with Section 130.52.021 (Conditional Use Permits) in Article 5 (Planning Permit Processing) of this Title, except where conditions are included in a development plan permit or other project conditions.

1.

All Administrative Permits shall be subject to review by the Department of Transportation and the local fire district.

2.

Design and location of gates shall be consistent with Title 12 (Streets, Sidewalks, and Public Places) of the County Code of Ordinances.

3.

Road widths and gate openings shall conform to the minimum requirements of Title 14 Fire Safe Regulations.

4.

At least one lane in each direction shall provide a minimum of 14 feet of unobstructed vertical clearance.

5.

Gates shall be equipped with an emergency access lock system (approved by the fire department) that shall consist of a padlock in series on manual gates or a key switch on automatic gates. Automatic gates shall also be equipped with a receiver to allow remote activation by emergency vehicles to the satisfaction of the Sheriff's Department and the applicable fire department. Automatic gates shall be equipped with a mechanical release and a loop system to keep the gate open as long as traffic is passing through, and shall be designed to remain in the unlocked position during a power failure.

6.

Gated entrances shall be designed in compliance with the Design and Improvement Standards Manual (DISM)/Land Development Manual (LDM), or successor document as to approach distance between the gate and the road in order to accommodate vehicular stacking, and between the gated entrance and the gate controller to allow vehicles to turn around within the driveway without backing onto the adjacent road.

7.

Where entrance gates will create a dead-end road in excess of 150 feet in length, an area shall be provided along said road to allow fire trucks and equipment to turn around. The gradient of the road shall be level enough to allow for safe parking of the emergency vehicle when it is necessary to exit the vehicle for manual gate activation.

8.

One pedestrian access shall be provided at each gated entrance to a residential or non-residential development. This requirement does not apply to a gate to a single family residence.

9.

"Anti-directional" devices at gated entrances and exits, such as metal spikes that can cause tire damage, are prohibited.

10.

Unless already provided for in the recorded Covenants, Conditions & Restrictions (CC&Rs) for the property or subdivision, a maintenance agreement shall be established and recorded for the gated development. The agreement shall identify, and at all times keep in effect, a legal entity responsible for maintaining the gates and associated features.

(Ord. No. 5241, § 7, 8-19-2025)

Sec. 130.30.100 - Reserved. CHAPTER 130.31. - AFFORDABLE HOUSING DENSITY BONUS

Sec. 130.31.010 - Content. ¶

As required by California Government Code Section 65915, this Chapter contains provisions to allow a density bonus or other incentives or concessions to developers for the production of housing units affordable to very low, lower, and moderate income households and to senior citizens and/or citizens with disabilities. In offering these incentives, this Chapter carries out

the requirements of California Government Code Sections 65915, 65916, and 65917. The regulations set out in this Chapter shall apply to unincorporated areas of the County that are not within the TRPA's jurisdictional area. (Ord. 4816, 2009)

Sec. 130.31.020 - Definitions.

As used in this Chapter, the following words and terms shall have the meanings set forth below:

A.

"Affordable housing" means housing affordable to very low, lower, or moderate income households.

1.

"Very low income household" means a household that earns less than 50 percent of the area median income for El Dorado County, adjusted for family size and updated annually. This term includes extremely low income households earning less than 30 percent of the area median income for the County, adjusted for family size and updated annually. (See Health and Safety Code (HSC) Section 50105).

2.

"Lower income household" means a household that earns between 50 and 80 percent of the area median income for the County, adjusted for family size and updated annually. (See HSC Section 50079.5).

3.

"Moderate income household" means a household that earns between 80 and 120 percent of area median income for the County, adjusted for family size and updated annually. (See HSC Section 50093).

B.

"Density Bonus" means a density increase over the otherwise allowable maximum residential density under the applicable General Plan designation and Zone District.

C.

"Incentive" or "Concession" represents any of the following:

1.

Reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum standards of the Building Code, including, but not limited to, a reduction in the setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient and actual cost reductions;

2.

Other concessions or incentives of a regulatory nature identified in the County's Incentive Based Affordable Housing policy (Note: policy is in development and not yet adopted by the Board), or proposed by the applicant or the County that result in identifiable, financially sufficient and actual cost reductions.

D.

"Qualifying housing development" means a single project for five or more residential units constructed within the unincorporated area of the County. For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application.

E.

"Senior citizen" means a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development. (See Civil Code Section 51.3).

Sec. 130.31.030 - Eligibility for Bonus, Incentives, and/or Concessions.

A.

In order to be eligible for a density bonus or other incentive or concession as provided by this Chapter, a proposed qualifying housing development shall consist of five or more residential units, either for rent or for sale and where at least one unit is affordable to very low, lower, or moderate income households.

B.

A developer shall be granted a density bonus, incentives and/or concessions described in Section 130.31.040 (Bonuses, Incentives, and Concessions Allowed) below in this Chapter when he or she agrees to provide at least any one of the following:

1.

At least five percent of the total number of proposed units for very low income households;

2.

At least ten percent of the total number of proposed units for lower income households;

3.

A senior citizen housing development;

4.

At least 10 percent of the total number of proposed units in a condominium project, for persons and families of moderate income;

5.

The donation of land sufficient in size to allow development of at least 40 affordable housing units consistent with California Government Code Section 65915(h) and Subsection 130.31.040.B (Density Bonus for the Dedication of Land) below in this Chapter;

6.

The payment of a fee in lieu of providing affordable housing units as established in this Section and Subsection 130.31.040.D (Affordable Housing In-Lieu Fee) below in this Chapter.

C.

In order to be eligible for a bonus, incentive, and/or concession, the applicant shall ensure that all provisions of this Chapter are met.

D.

All eligible developments shall comply with the Fair Housing Act that protects all citizens from discrimination on the basis of race, color, national origin, religion, sex, disability, or familial status, such as families with children under the age of 18 living with parents or legal guardians, pregnant women, and people trying to get custody of children under 18 years of age.

E.

"Total units" does not include units added by a density bonus in compliance with this Chapter or by any other local policy granting a greater density bonus.

Sec. 130.31.040 - Bonuses, Incentives, and Concessions Allowed. ¶

Qualifying housing development projects that satisfy all applicable provisions of this Chapter shall be entitled to a density bonus and additional incentives or concessions as follows:

A.

Density Bonus for Reservation of Affordable Units. The density bonus allowed by this Chapter shall consist of an increase in the number of dwelling units over the otherwise maximum allowable residential density under the applicable General Plan designation and zone. The amount of density bonus to which an applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentages established in Subsection 130.31.030.B (Eligibility for Bonus, Incentives, and/or Concessions) above in this Chapter. The applicant who requests a density bonus in compliance with this Subsection shall elect which bonus shall be awarded. The density bonus shall be awarded pursuant to the calculations and limitations provided in California Government Code Section 16915(g) for very low, lower, and moderate income units.

B.

Density Bonus for the Dedication of Land. When an applicant for a subdivision, parcel map, or other residential development project donates land to the County for the development of affordable housing, the applicant shall be entitled to a density bonus consistent with and subject to the provisions of California Government Code Section 65915(h).

C.

Incentives for Provisions of Child Day Care Centers. When an applicant proposes to construct a housing development that conforms to Subsection 130.31.030.B (Eligibility for Bonus, Incentives, and/or Concessions) above in this Chapter, and includes a child day care center that will be located on the premises of, either as part of or adjacent to, the project, the County shall grant a density bonus or other incentive consistent with California Government Code Section 65915(i).

D.

Affordable Housing In-Lieu Fee. If the Board adopts a fee in lieu of providing the affordable housing units established by Section 130.31.030 (Eligibility for Bonus, Incentives, and/or Concessions) above in this Chapter, an applicant may choose to pay said fee in lieu of providing affordable housing.

1.

The amount and calculation of the affordable housing in lieu fee and the Affordable Housing Trust Fund Guidelines shall be established by resolution of the Board.

2.

The in lieu fee shall be calculated at the time of building permit application. The fee shall be paid at the time of issuance of the building permit, unless proof is provided that the required affordable housing units will be constructed on-site or that an alternative equivalent action was previously approved in accordance with this Chapter.

E.

Conversion of Market Rate Housing. When an applicant for a qualifying housing development acquires existing market rate dwelling units and enforces price restrictions on the rental or sale of the existing market rate dwelling units in compliance with this Chapter, he/she shall be entitled to a 15 percent increase above the otherwise maximum allowable density under the applicable General Plan designation and zone. The project must be reviewed as to the appropriateness of the conversion from market rate to income restricted units to minimize neighborhood impacts. It may require design upgrades subject to a Design Review Permit (Section 130.52.030, Design Review Permit) in Article 5 (Planning Permit Processing) of this Title, for compliance with current standards and regulations.

Sec. 130.31.050 - Processing of Requests.

A.

Requests for density bonuses, incentives, and/or concessions shall be made and evaluated through the County's existing permit processes where required, in compliance with Chapter 130.63 (Amendments and Zone Changes) in Article 6 (Zoning Ordinance Administration) of this Title, and Chapter 130.52 (Permit Requirements, Procedures, Decisions, and Appeals) in Article 5 (Planning Permit Processing) of this Title. Where no discretionary permits are otherwise required for a project, consideration of density bonuses, incentives, and/or concessions shall be made through an Administrative Permit in compliance with Section 130.52.010 (Administrative Permit, Relief, or Waiver) in Article 5 (Planning Permit Processing) of this Title.

B.

All requests for density bonuses, incentives, and/or concessions shall be subject to the following:

1.

Supporting Information. If regulatory concessions are sought, the developer shall include information with the application, based on building industry standards, to substantiate that any requested waiver or modification of zoning or subdivision standards is necessary to make housing units affordable to very low, lower, or moderate income households.

2.

Initial Review. Bonus, incentive, and/or concession requests shall be included as part of the permit application and shall be reviewed by the Director. The Director shall notify the applicant within 30 days of the acceptance of the project permit application as complete, whether the project qualifies for the requested additional density, incentive, and/or concession.

3.

Criteria to be Considered. The requested bonus, incentive, and/or concession shall be reviewed for consistency with the General Plan and other applicable County regulations. Particular attention shall be given to application of Housing Element policies and policies addressing the source and distribution of potable water, the type and scale of available wastewater disposal and treatment, and roadway capacity.

4.

Findings for Approval.

a.

In addition to the findings required for approval of the proposed project, support of a density bonus by the appropriate review authority shall also require the following special findings:

(1)

There are sufficient provisions to guarantee that units will remain affordable in the future, consistent with the requirements of Section 130.31.060 (Continued Availability of Affordability) above in this Chapter and the California Government Code Sections 65915(c) and 65915(h)(4).

Units affordable to very low, lower, or moderate income households must be constructed concurrently with nonrestricted units and shall be made available for occupancy not later than the time at which the first nonrestricted dwelling unit is available for occupancy, unless the County and developer agree within the Affordable Housing Agreement to an alternative schedule for development and occupancy.

Sec. 130.31.090 - Design. ¶

Except as provided for in Section 130.31.040 (Bonuses, Incentives, and Concessions Allowed) above in this Chapter, units affordable to very low, lower, or moderate income households shall be built on-site and be dispersed throughout the housing development wherever feasible. In addition, the number of bedrooms of the units affordable to very low, lower, or moderate income households shall be equivalent to the bedroom mix of the nonrestricted units of the housing development unless the County and developer agree within the Affordable Housing Agreement to an alternative mix. The developer may include a higher proportion of units affordable to very low, lower, or moderate income households with more bedrooms. The design and appearance of the units affordable to very low, lower, or moderate income households shall be compatible with the design of the total housing development.

CHAPTER 130.32. - FLOOD DAMAGE PREVENTION

Sec. 130.32.010 - Statutory Authorization, Findings of Fact, Content and Methods.

A.

Statutory Authorization. The legislature of the state has in California Government Code, Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public, health, safety, and general welfare of its citizenry. Therefore, the Board does hereby adopt the following floodplain management regulations.

B.

Findings of Fact.

1.

The flood hazard areas of the County are subject to periodic inundation, which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

These flood losses are caused by uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to flood losses.

C.

Content. This Chapter implements General Plan Policy 6.4.1.1 requiring continued participation in the National Flood Insurance Program in order to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas. This Chapter serves to provide legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone areas. These regulations are designed to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood-control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of special flood hazard areas so as to minimize future blighted areas caused by flood damage;

7.

Ensure that potential buyers are notified that property is in a special flood hazard area;

8.

Ensure that those who occupy the special flood hazard areas assume responsibility for their actions.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this Chapter includes regulations to:

1.

Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion, or in flood heights or velocities;

2.

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

4.

Control the filling, grading, dredging, and other development which may increase flood damage; and

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

These regulations take precedence over any less restrictive or conflicting laws, ordinances or codes.

Sec. 130.32.020 - Definitions.

Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable application.

"A zone" means Area of 100-year flood where base flood elevations and flood hazard factors have not been determined.

"A1-A30 zones" means Area of 100-year flood where base flood elevations and flood hazard factors have been determined.

"Accessory structure" means a subordinate building or structure detached from the primary building or structure on the same lot and incidental to the primary building.

"Accessory use" means a use which is incidental and subordinate to the primary use of the parcel of land on which it is located.

"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this Chapter.

"B zone" means areas between limits of the 100-year flood and 500-year flood; or certain areas subject to 100-year flooding with average depths less than one foot or where the contributing drainage area is less than one square mile.

"Base flood" means a flood having a one percent chance of being equaled or exceeded in any given year (also called a "100year flood"). Base flood is the term used throughout this Chapter.

"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones A1-30, that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.

"Basement" means any area of the building having its floor subgrade (i.e., below ground level) on all sides.

"Building"—see "structure".

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

"Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or other development into a floodplain that may impede or alter the flow capacity of the floodplain.

"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for serving the lots on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this Chapter.

"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for serving the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or pouring of concrete pads).

"Flood, flooding, or floodwater" means a general and temporary condition of partial or complete inundation of normally dry land areas from:

1.

The overflow of inland or tidal waters; or

2.

The unusual and rapid accumulation of runoff of surface waters from any source.

"Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special flood hazards areas and the floodway.

"Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the special flood hazards areas and the risk premium zones applicable to the community.

"Flood insurance study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. The flood insurance study, FIRMs and FBFMs are on file at the Department, 2850 Fairlane Court, Placerville, California 95667.

"Floodplain or flood-prone area" means an area susceptible to floodwater. Also see "Flood, flooding, or floodwater".

"Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. In El Dorado County, this duty falls on the Director or his/her authorized representative.

"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations" means this Chapter, the remaining Zoning Ordinance, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other applications of police power that control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof that provide standards for preventing and reducing flood loss and damage.

"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see Federal Emergency Management Agency (FEMA) Technical Bulletins TB 1-93, TB 3-93, TB 7-93, and subsequent updates.

"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway".

"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.

"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Highest adjacent grade" means the highest natural elevation of the ground surface next to the proposed walls of a structure prior to construction.

"Lowest floor" means the lowest floor of the lowest enclosed area—see "Basement". An unfinished or flood-resistant enclosure that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements under Section 130.32.050 (Provisions for Flood Hazard Reduction).

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term manufactured home also includes mobile homes, park trailers, and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision" means a lot (or contiguous lots) of land divided into two or more manufactured home lots for rent or sale.

"Market value" means the value of the structure shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed.

1.

The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry.

2.

The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence.

Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences."

"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"Modern construction" means structures for which the "start of construction" commenced on or after April 1, 1986, the initial adoption date of the County's Flood Damage Prevention Ordinance, and includes any subsequent improvements to such structures, pursuant to the Department of Water Resources Guidelines, for floodplain management purposes.

"Modern manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including at a minimum, the installation of

utilities, the construction of streets, and either final site grading or the pouring of concrete pads, is completed on or after April 1, 1986.

"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year flood" or "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year (also called a "base flood").

"Public safety and nuisance" as related to Section 130.32.060 (Variance Procedures) of this Chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

sance" as related to Section 130.32.060 (Variance Procedures) of this Chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

"Recreational vehicle" means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational or emergency occupancy with a living area of 320 square feet or less and bearing the state or federal insignia of approval for recreational vehicles.

"Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance through such means as protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the Chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

"Special flood hazard area (SFHA)" means an area in a floodplain subject to a base flood. In El Dorado County, it is shown on an FHBM or FIRM, and all subsequent amendments and/or revisions, as Zones A, A1-A9, A14, A24, or B, which are defined under "A zone", "A1-A30 zones" and "B zone".

"Start of construction", as defined in Article 8 (Glossary) of this Title and for purposes of this Chapter, includes substantial improvement and other proposed new development. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

"Substantial damage"

1.

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before damage occurred; or

2.

Flood-related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such event, on the average, equals or exceeds 25 percent of the market value of the structure before the damage occurred. This is also known as 'repetitive loss.'

"Substantial improvement" means any repair, reconstruction, or improvement to a structure, the cost of which exceeds 50 percent of the market value of the structure, before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not include any alteration of a "historic structure" provided the alteration will not preclude the structure's continued designation as a "historic structure."

"Variance" means a grant of relief from the requirements of this Chapter which permits construction in a manner that would otherwise be prohibited by this Chapter.

"Violation" means the failure of a structure or other development to be fully compliant with this Chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Sec. 130.32.030 - General Provisions.

A.

Application. This Chapter shall apply to all development in the SFHAs within the jurisdiction of the County.

B.

Compliance. Violation of the following requirements (including violations of conditions and safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the County from taking such lawful action as is necessary to prevent or remedy any violation.

1.

No structure shall hereafter be located, constructed, extended, converted, nor land altered without full compliance with the terms of this Chapter and other applicable regulations.

2.

No new critical or high occupancy structures (such as schools and hospitals) shall be located in the 100-year floodplain of any river, stream, or other body of water pursuant to General Plan Policy 6.4.1.3 (Flood Hazards, Development Regulations).

C.

Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restriction. However, where this Chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

D.

Interpretation. In the interpretation and application of this Chapter, all provisions shall be:

1.

Considered as minimum requirements;

2.

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

E.

Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the County, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

F.

Severability. This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Chapter as a whole, or any portion thereof other than the Section so declared to be unconstitutional or invalid.

Sec. 130.32.040 - Administration.

A.

Designation of the Floodplain Administrator. The Director or authorized representative is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions.

B.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

1.

Permit Review. Review all development permits to determine that:

a.

Permit requirements of this Chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

b.

All other required state and federal permits have been obtained;

c.

The site is reasonably safe from flooding;

d.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within El Dorado County; and

e.

All Letters of Map Revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

2.

Review, Use and Development of Other Base Flood Data. The Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal agency, such as that provided by the Federal Emergency Management Agency (FEMA) under the Flood Insurance Study for El Dorado County, or state agency or other source, in order to administer Section 130.32.050 (Provisions for Flood Hazard Reduction) below in this Chapter. NOTE: A base flood elevation shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

3.

Notification of Other Agencies. The Floodplain Administrator shall perform the following tasks prior to a County permit being issued if, as the result of the permit issuance, the following physical changes will occur:

a.

Alteration or relocation of a watercourse:

(1)

Notify surrounding communities and the California Department of Water Resources;

(2)

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

(3)

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

b.

Base Flood Elevation changes based on Subsection 130.32.050.D (Provisions for Flood Hazard Reduction, Floodways) below in this Chapter:

(1)

Submit, or assure that the permit applicant submits, technical or scientific data to FEMA for a Letter of Map Revision (LOMR). Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

c.

Changes in corporate boundaries:

(1)

Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means, to include a copy of a community map clearly delineating the new corporate limits.

4.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed all certifications, records and permits demonstrating compliance with the requirements of this Chapter. In addition, a record of all

variance actions, including justification for their issuance, shall be maintained and submitted in the biennial report to FEMA.

5.

Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the SFHA, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection 130.32.040.D (Appeals) below in this Section.

6.

Remedial Action. Take action to remedy violations of this Chapter as specified in Subsection 130.32.030.B (Flood Damage Prevention, General Provisions: Compliance) above in this Chapter.

7.

Biennial Report. Every two years, complete and submit a Biennial Report to FEMA describing the County's progress in the previous two years in implementing floodplain management measures and on its needs for re-mapping and technical assistance. Submission of this report is required as part of the County's participation in the NFIP.

8.

Planning. Assure the General Plan is consistent with floodplain management objectives herein.

9.

Non-conversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management Ordinance in effect at the time of conversion, the Floodplain Administrator shall:

a.

Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

b.

Enter into a "NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN FLOOD HAZARD AREAS" or equivalent with the County. The agreement shall be recorded with the County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel; and

c.

Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours.

C.

Development Permit Process. All development that requires a building or grading permit within a SFHA shall comply with the following requirements:

1.

In addition to the standard submittal information required under the building and/or grading permit application, the applicant shall provide the following minimum information:

a.

Plans in duplicate, drawn to scale, showing:

(1)

Location of the regulatory floodway when applicable;

(2)

Base flood elevation information as specified in Subsection 130.32.040.B.2 (Review, Use and Development of Other Base Flood Data) above in this Section;

(3)

Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and

(4)

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Subsection 130.32.050.A.3.b (Elevation and Floodproofing, Nonresidential Construction) below in this Chapter and detailed in FEMA Technical Bulletin TB 3-93.

b.

Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets all applicable floodproofing criteria under Section 130.32.050 (Provisions for Flood Hazard Reduction) below in this Chapter.

c.

For a crawl-space foundation, location and total net area of foundation openings as required in Subsection 130.32.050.A.3.c (Elevation and Floodproofing, Flood Openings) below in this Chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

d.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

e.

All appropriate certifications, records and permits demonstrating compliance with the requirements of this Chapter.

D.

Appeals. The Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter.

Sec. 130.32.050 - Provisions for Flood Hazard Reduction.

A.

Standards of Construction. In all SFHAs, the following standards are required:

1.

Anchoring. All new and modern construction and substantial improvement of any structure shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2.

Construction Materials and Methods. All new and modern construction and substantial improvement of any structure shall be constructed:

a.

With flood-resistant materials and utility equipment resistant to flood damage for areas below the base flood elevation;

b.

Using methods and practices that minimize flood damage; and

c.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

3.

Elevation and Floodproofing.

a.

Residential Construction. All new and modern construction and substantial improvement of any residential structure shall have the lowest floor, including basement:

(1)

In A1-A9, A14 and A24 Zones, at or above the base flood elevation (BFE);

(2)

In an A zone, without BFEs specified on the FIRM (unnumbered A zone), at or above the base flood elevation. The applicant shall identify the SFHA and BFE in compliance with Subsection 130.32.040.B.2 (Review, Use and Development of Other Base Flood Data);

(3)

Manufactured/mobile homes or Temporary Mobile Home/RV with a Hardship Permit (TMA), placed or substantially improved on a site within any SFHA, shall:

(a)

Be elevated on a permanent foundation such that the lowest floor of the dwelling unit is at or above the BFE, as specified on the FIRM or as determined under Subsection 130.32.040.B.2 (Review, Use and Development of Other Base Flood Data), and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

Prior to the foundation or set-up inspection approval, the elevation of the lowest floor, as defined, shall be certified by a registered civil engineer or licensed land surveyor, and certified by a County building inspector to be properly elevated. Failure to submit elevation certification shall be cause to issue a stop work order for the project. As-built plans certifying the elevation of the lowest adjacent grade is also required. Such certification and verification shall be provided to the Floodplain Administrator.

b.

Nonresidential Construction. All new and modern construction and substantial improvement of any nonresidential structure shall either be elevated to conform to Subsection 130.32.050.A.3.a (Elevation and Floodproofing, Residential Construction) above in this Section or:

(1)

Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Subsection 130.32.050.A.3.a (Elevation and Floodproofing, Residential Construction) above in this Section, so that the structure is

On-site waste disposal systems shall be located to avoid impairment to them, such as soil scouring from flood waters, or contamination from them during flooding.

C.

Standards for Subdivisions and Other Proposed Development.

1.

Creation of new lots which lie entirely within the SFHAs as identified on the most current version of the flood insurance rate maps provided by FEMA is prohibited in compliance with General Plan Policy 6.4.1.4 (Flood Hazards, Development

Regulations).

2.

New lots which are partially within the SFHAs must have sufficient land available outside the FEMA or county designated SFHAs for construction of dwelling units, accessory structures, and septic systems, while meeting all other required development standards, in compliance with General Plan Policy 6.4.1.5 (Flood Hazards, Development Regulations).

3.

All new subdivision proposals and other proposed development, including proposals for manufactures home parks and subdivisions, shall:

a.

Identify the SFHAs and the BFEs.

b.

Identify the elevations of the lowest floors of all proposed structures and pads, if applicable, on the final plans.

c.

If the site is filled above the BFE, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision Based on Fill (LOMR-F) to the Floodplain Administrator:

(1)

Lowest floor elevation.

(2)

Pad elevation.

(3)

Lowest adjacent grade.

4.

All subdivision proposals shall be consistent with the need to minimize flood damage.

a.

All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

b.

All subdivisions and other proposed development shall provide adequate drainage provided to reduce exposure to flood hazards.

D.

Floodways. Since floodways are an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Until a regulatory floodway is adopted, no new or modern construction, substantial improvement of any structure, or other development (including fill) shall be permitted within Zones A1-A9, A14 and A24, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the BFE more than one foot at any point within the County.

2.

Within an adopted regulatory floodway, the County shall prohibit encroachments, including fill, new or modern construction, substantial improvements to any structure, and other development, unless certification by a licensed civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If Subsections 1 and 2 above are satisfied, all new or modern construction, substantial improvement to any structure, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of this Section (130.32.050, Provisions for Flood Hazard Reduction).

Sec. 130.32.060 - Variance Procedures.

A.

Nature of Variances. The issuance of a variance is for floodplain management purposes only. The variance criteria set forth in this Chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance.

In addition to the specific findings found under Section 130.52.070 (Variance) in Article 5 (Planning Permit Processing) of this Title, approval of a variance for floodplain management purposes must not cause fraud on or victimization of the public. In examining this requirement, the approving authority will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the BFE are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those potential risks bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and could be insured only at very high flood insurance rates.

The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

B.

Criteria. In passing upon requests for variances, the approving authority shall consider all technical evaluations, relevant factors, standards specified in other sections of this Chapter, as well as the:

1.

Danger that materials may be swept onto other lands to the injury of others;

2.

Danger to life and property due to flooding or erosion damage;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

Importance of the services provided by the proposed facility to the community;

5.

Necessity to the facility of a waterfront location, where applicable;

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

7.

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

C.

Provisions.

1.

Generally, variances may be issued for new or modern construction, substantial improvement of any structure, and other proposed new development on a lot of one-half acre or less in size adjacent to and surrounded by lots with existing structures constructed below the BFE, providing that the procedures of Sections 130.32.040 (Administration) and 130.32.050 (Provision for Flood Hazard Reduction) above in this Chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2.

Variances may be issued for the repair or rehabilitation of "historic structures", as defined in Article 8 (Glossary: see "Structure: Historic") of this Title, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the "minimum necessary", considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter. For example, in the case of variances to an elevation requirement, this means the approving authority need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the approving authority believes will both provide relief and preserve the integrity of the Ordinance.

5.

In addition to the findings under Section 130.52.070 (Variances) in Article 5 (Planning Permit Processing) of this Title, variances shall only be issued upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; and will not create a nuisance, cause fraud and victimization of the public, or conflict with existing laws or ordinances.

6.

Upon consideration of the factors of Subsection 130.32.060.C.1 (Variance Procedures, Provisions) above in this Section and the purposes of this Chapter, the Board may attach such conditions to the granting of variances as it deems necessary to further the purpose of this Chapter.

7.

Any applicant to whom a variance is granted shall be given written notice over the signature of the Director that:

a.

The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance; and

b.

Such construction below the BFE increases risks to life and property. A copy of the notice may be recorded by the Floodplain Administrator in the office of the County Recorder-Clerk and in a manner so that it appears in the chain of title of the affected lot of land.

8.

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to FEMA.