§ 130.27

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.

B.

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.

C.

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;

e.

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

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.