Chapter 20 — CARGO CONTAINERS

Sections: 20.010 Intent. 20.020 Definition. 20.030 Temporary Use. 20.040 Applicable Land Use Designations and Areas. 20.050 General Provisions for Cargo Container Installation. 20.060 Prohibitions. 20.070 Retroactivity, Exemptions.

The intent of this chapter is to provide for the orderly placement of cargo containers throughout the county, to protect the character and visual quality of neighborhoods and communities through appropriate aesthetic restrictions, and to address health and safety hazards through building permit requirements.

• A. “Cargo Container” refers to a large metal box typically used for the shipment of containerized goods, which includes land or sea cargo containers, or any portable storage container designed and constructed as a standardized, reusable vessel intended to be loaded on a truck, trailer, or ship (e.g., Sea-Trains, Transportainers, Land-See Containers, PODS). Railroad cars and tractor or semi-trailers are not considered cargo containers.

• B. Cargo containers are generally considered accessory non-building structures, incidental to the main use of the property, and used for storage purposes.

• A. Cargo containers shall be permitted in all land use designations as a temporary use (180 days) in conjunction with an active building permit or grading permit. Container placement shall occur after the permit has been issued, and the container shall be removed upon the finalization or expiration of the permit, or within 180 days, whichever occurs first. Such temporary installations are subject to the below section 20.050; A. Visual Mitigation Requirements.

• B. Cargo containers shall be permitted in the AG land use designation as a temporary use (180 days) in conjunction with a bona fide agriculture operation. Such temporary installations are subject to below section 20.050; A. Visual Mitigation Requirements.

• A. Permanent cargo container installations are permitted in all land use designations as follows:

  1. On properties one acre or larger and in accordance with the requirements of section 20.050.

  2. On properties smaller than one acre, subject to Director Review with Notice and in accordance with the requirements of section 20.050.

• A. Visual Mitigation Requirements

  1. Containers shall be placed in a manner to minimize visibility from adjacent properties and roadways.

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2. Containers shall be painted a solid color that blends into the surrounding landscape, vegetation and/or structures.

3. The total number of cargo container(s) on any one parcel shall be limited to the following: On properties less than one acre, only one container may be permitted. On properties one to five acres, two containers may be permitted.

4. Exceptions to any of the above Visual Mitigations may be granted with a Director Review with Notice.

• B. Building Permit Requirements

  1. Cargo containers require a standard Building Permit from the Building Division.

  2. All cargo containers shall conform to existing height, setback, and lot coverage requirements of accessory structures in the applicable land use designation.

  3. The permit shall include a complete site plan with proposed paint color, and details of anchoring requirements pursuant to ASCE 07-05/Chapter 15 for “Non-Building Structures.”

• C. Permanent installations shall comply with the Mono County Building Code Occupancy Classification of Group U and Type of Construction to be V-B for a utility structure.

• D. Cargo containers shall not store hazardous materials in exceedance of California Fire Code.

• E. Utilities including, but not limited to, water, sewer, electricity, gas and fuel oil are prohibited from being permanently supplied or installed within containers.

• A. Cargo containers are prohibited in conditional development areas.

• B. No alterations to a cargo container shall be made that will change the structural integrity of the container, without approved design by a California licensed engineer or architect.

• C. Stacking of cargo containers is prohibited.

  • D. Cargo containers placed within delineated flood areas shall be installed in accordance with Chapter 21 “Flood Plain Regulations”

• A. Any cargo container with an active permit shall be exempt from the provisions of this ordinance.

• B. Any permanent cargo container installed prior to the enactment of this ordinance that is out of compliance with the above General Provisions may be required to alter the container’s appearance, location or foundation in order to come into compliance with the provisions of this chapter.

• C. The requirements of the current edition of the California Building Code apply to all cargo containers. In the event of a conflict between this chapter and the California Building Code, the Building Code shall govern.

• D. This chapter is not intended to apply to cargo containers utilized as a building material within a duly permitted and engineered structure.

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DEVELOPMENT STANDARDS

CHAPTER 21 – FLOOD PLAIN REGULATIONS

Sections :

The FP, flood plain combining district, is intended to establish special requirements and regulations to be applied to those areas of the county subject to inundation in order to prevent loss of life and property damage.

The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

• A. The flood hazard areas of Mono County are subject to periodic inundation that may 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.

• B. These flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

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It is the purpose of this chapter to promote the public health safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

• A. To protect human life and health;

• B. To minimize expenditure of public money for costly flood control projects;

• C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

• D. To minimize prolonged business interruptions;

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

• F. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

• G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and

• H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this chapter includes regulations for:

• A. Restricting or prohibiting uses that are dangerous to health, safety, and property due to water or erosion hazards, or that result in damaging increases in erosion or in flood heights or velocities;

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

• C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

• D. Controlling, filling, grading, dredging, and other development that may increase flood damage; and

• E. Preventing or regulating the construction of flood barriers that will unnaturally divert flood waters or that may increase flood hazards in other areas.

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.

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

"Area of Special Flood Hazard" means the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. (See "Special Flood Hazard Area.”)

"Base Flood" means the flood having a 1% chance of being equaled or exceeded in any given year (also called the "100 year flood").

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

"Breakaway Walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material that is not part of the structural support of the building and that is designed to break away under abnormally high tides or wave action without causing damage to the structural integrity of the building on which they are used or any building to which they might be carried by flood waters. A breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

• A. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

• B. The elevated portion of the building shall not incur any structural damage due to the effects of winds and water loads acting simultaneously during the base (a 100-year event) flood.

"Development" means any man-made change to improve or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard.

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

• A. The overflow of inland or tidal waters and/or;

• B. The unusual and rapid accumulation or runoff of surface waters from any source; and

• C. The collapse or subsidence of land along undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event that results in flooding as defined in definition.

"Flood Boundary/Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard 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 area of special flood hazards and the risk premium zones applicable to the community.

"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

"Floodplain or Flood-Prone Area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding").

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

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"Floodplain Management Regulations" means land development regulations, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion-control ordinances) and other applications of police power that control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

"Floodproofing" means any combination of structural and non-structural 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.

"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.”

"Functionally Dependent Use" means a use that 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, but does not include long-term storage or related manufacturing facilities.

"Hazard Mitigation Plan" means a plan that incorporates a process, whereby the potential of future loss due to flooding can be minimized by planning and implementing alternatives to floodplain management communitywide.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls or a structure.

"Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or floodresistant enclosure, 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 that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.

"Manufactured Home" means a structure, transportable in one or more sections, that 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 park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days.

"Manufactured-Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured-home lots for sale or rent.

"Mean Sea Level" means, for purposes of the national Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New Construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of floodplain management regulation adopted by Mono County.

"One Hundred Year Flood" or "100-Year Flood" means a flood that has a 1% annual probability of being equaled or exceeded. It is identical to the "base flood,” which will be the term used through this chapter.

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"Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions.

"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. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing 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 having special flood or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, A1-30, AE or A99.

"Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; not does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

"Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

• A. Before the improvement or repair is started; or

• B. If the structure has been damaged and is being restored before the damage occurred.

For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

• A. Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications that are solely necessary to assure safe living conditions; or

• B. Any alteration of a structure listed on the National Register of Historic Places or a state Inventory of Historic Places.

"Variance" means a grant of relief from the requirements of this chapter that 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 the County's floodplain management regulations. A structure or other development without the elevation certificate, other

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certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

GENERAL PROVISIONS

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Mono County.

The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study for the County of Mono," dated February 18, 2011, with an accompanying Digital Flood Insurance Rate Map is hereby adopted by reference and declared to be part of this chapter, and all subsequent amendments and/or revisions. The Flood Insurance Study is on file at the Public Works Department, Bridgeport, California. This Flood Insurance Study is the minimum area of applicability of the chapter and may be supplemented by studies for other areas that allow implementation of this chapter and that are recommended to the Board of Supervisors by the Floodplain Administrator.

No structure or land shall hereafter be constructed, located, subdivided, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of the chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein contained shall prevent the Board of Supervisors from taking such lawful action as is necessary to prevent or remedy any violation.

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

In the interpretation and application of this chapter, all provisions shall be:

• A. Considered as minimum requirements:

• B. Liberally construed in favor of the governing body; and,

• C. Deemed neither to limit nor repeal any other powers granted under State statutes.

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 areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Mono County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decisions they lawfully make thereunder.

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

A development permit shall be obtained before construction or development begins within any area of special flood hazards established in Section 21.080. Application for a Development Permit shall be made on forms furnished by the Floodplain Administrator and may include but not be limited to: plans in duplicate certified by a registered civil engineer or architect, drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

• A. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures and elevation of highest adjacent grade;

• B. Proposed elevation in relation to mean sea level to which any structure will be flood proofed;

• C. All appropriate certifications listed in Section 21.150-D of this chapter; and

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

ADMINISTRATION

The Public Works director is hereby appointed as Floodplain Administrator and authorized to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

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

• A. Review of all development permit applications to determine that:

  1. The permit requirements of this chapter have been satisfied including determination of substantial improvement and substantial damage of existing structures;

  2. All other required state and federal permits have been obtained;

  3. The site is reasonably safe from flooding; and

  4. The proposed development does not adversely affect the carrying capacity of areas were the base flood elevation has been determined, but a floodway has not been designated. For purposes of this chapter, "adversely affects" means 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.

• B. Use of Other Base Flood Data

  • When base flood elevation data has not been provided in accordance with Section 21.080, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data

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available from a federal, state or other source, in order to administer Section 21.160. Any such information shall be submitted to the Board of Supervisors for adoption.

• C. Alteration of Watercourses Whenever a watercourse is to be altered or relocated:

  1. Notify adjacent communities and the Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and

  2. Maintain the flood-carrying capacity of the altered or relocated portion of said watercourse (required).

• D. Information to be Obtained and Maintained

  • Obtain and maintain for public inspection and make available as needed:

  1. The certification required in Section 21.160-C-1 (floor elevations);

  2. The certification required in Section 21.160-C-2-c (elevation or floodproofing of nonresidential structures);

  3. The certification required in Section 21.160-C-3-a or 21.160-C-3-b (wet floodproofing standard);

  4. The certification required in Section 21.180-B (subdivision standards);

  5. The certification required in Section 21.200-A (floodway encroachments); and

• E. Interpretation of Flood Insurance Rate Map (FIRM) Boundaries

  • Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be 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 Section 21.210.

• F. Remedy Violations

Take necessary action to remedy violations of this chapter as specified in Section 21.090 herein.

In all areas of special flood hazard the following standards are required:

• A. Anchoring

  1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movements of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

  2. All manufactured homes shall meet the anchoring standards of Section 21.190.

• B. Construction Materials and Methods

  1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

  2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

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3. All new construction and substantial improvements shall be constructed 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.

• C. Elevations and Floodproofing

  1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to or above the base flood elevation (i.e., the depth number specified in feet on the FIRM), or at least two feet above the highest adjacent grade if no depth number is specified. Nonresidential structures may meet the standards in Section 21.160- C-2. Upon completion of the structure the elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, or verified by the county Building Inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

  2. Nonresidential construction shall either be elevated in conformance to Section 21.160-C-1 together with attendant utility and sanitary facilities:

     • a. Be flood-proofed so that, below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water:

     • b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

     • c. Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator.

  3. Require, for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

antial improvements, that fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:

  - a. Either a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters; or 

  - f. Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. 

4. Manufactured homes shall also meet the standards in Section 21.190.

• A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharges from the system into flood waters.

• B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

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• A. All preliminary subdivision and land division proposals shall identify the flood hazard area and the elevation of the base flood. This shall apply to those divisions greater than 50 lots or five acres, whichever is the lesser.

• B. All final subdivision plans will provide the elevations of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

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

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

• E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

All new and replacement manufactured homes and additions to manufactured homes shall:

• A. Be elevated so that the lowest floor is at or above the base flood elevation; and

• B. Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

Located within areas of special flood hazard, established in Section 21.080, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters that carry debris, potential projectiles, and erosion potential, the following provisions apply:

• A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

• B. If Section 21.200-A is satisfied all new construction and substantial improvements shall comply with all other applicable flood hazard reductions provisions of Sections 21.160 through 21.200.

• A. Appeal Board

  1. The Mono County Planning Commission shall hear and decide requests for variances from the requirements of this chapter.

  2. The Mono County Planning Commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administer in the enforcement or administration of this chapter.

  3. The Board of Supervisors shall hear appeals of actions of the Planning Commission in the manor set forth in Chapter 47, Appeals.

  4. In passing upon such requests or appeals, the Board of Supervisors or Planning Commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

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  - a. The danger that materials may be swept onto other lands to the injury of others. 

  - b. The danger to life and property due to flooding or erosion damage. 

  - c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 

  - d. The importance of the services provided by the proposed facility to the community. 

  - e. The necessity to the facility of a waterfront location, where applicable. 

  - f. The availability of alternative locations for the proposed uses that are not subject to flooding or erosion damage. 

  - g. The compatibility of the proposed use with existing and anticipated development. 

  - h. The relationship of the proposed use to this General Plan and floodplain management program for that area. 

  - i. The safety of access to the property in times of flood for ordinary and emergency vehicles. 

  - j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 

  - k. The 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. 

5. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items a through k in Section 21.210 A-4 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

6. Upon consideration of the factors of Section 21.210 A-4 and the purpose of the chapter, the Board of Supervisors or Planning Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter.

7. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

• B. Conditions for Variances

1. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed in the National Register of Historic Places or the state Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section.

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

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3. Variances shall be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

4. Variances shall only be issued upon:

   • a. A showing of good and sufficient cause. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause;

   • b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

   • c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.

5. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of Section 21.210 A-1 through 21.210 A-2 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with lowest flood elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the lowered floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Mono County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

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DEVELOPMENT STANDARDS

CHAPTER 22 – FIRE SAFE REGULATION

Sections:

Mono County is rural in nature, primarily consisting of mountainous and high-desert terrain. The communities and inhabited portions of the unincorporated area of Mono County are generally located within, or in close proximity to, mountainous areas, forest-covered land, brush-covered lands, grass-covered lands, and similar lands that are subject to wildfires. In order to minimize the threat of wildfire spreading to occupied structures, and to supplement the educational and enforcement activities of Cal Fire, local educational efforts, and enforcement of, defensible space requirements are reasonable and necessary and will benefit the public health and safety.

These fire safe regulations are intended to provide the same practical effect as the State Responsibility Area Fire Safe Regulations, Public Resources Code Section 4290, Title 14 of the California Code of Regulations (CCR) and roofing requirements as specified in Government Code Sections 51178.5 and 51189 and Health and Safety Code Sections 13108.5 and 13132.7. The regulations establish basic wildland fire protection standards in the State Responsibility Areas of Mono County for emergency access; signing and building numbering; private water supply reserves for fire use; roof covering standards; and vegetation modification.

These regulations do not apply to existing structures (except as specified in Sections 22.130 and 22.140), roads, streets and private lanes or facilities. These regulations shall apply as appropriate to all construction within State Responsibility Areas approved after October 1, 1991. Affected activities include but are not limited to:

• B. Permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) Section 66412(d);

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• B. Application for a building permit for new construction, not relating to an existing structure (except as specified in Section 22.140 Roof Covering Standards);

• C. Application for a Use Permit;

• D. The siting of manufactured homes (manufactured homes are as defined by the National Fire Protection Association, National Fire Code, Section 501A, Standard for Fire Safety Criteria for Manufactured Home installations, Sites and Communities, Chapter 1, Section 1-2, Definitions, page 4, 1987 edition and Health and Safety Code Sections 18007, 18008, and 19971); and

• E. Road construction, including construction of a road that does not currently exist, or extension of an existing road.

Exemption: Roads required as a condition of tentative parcel maps prior to the effective date of these regulations; roads for agricultural or mining use solely on one ownership; and roads used solely for the management and harvesting of wood products.

This chapter shall be applied as follows:

• A. Mono County shall provide Cal Fire with notice of applications for building permits, tentative parcel maps, and use permits for construction or development within State Responsibility Areas;

• B. The Battalion Chief of Cal Fire, or his designee, shall review and make fire protection recommendations on applicable construction or development permits or maps provided by Mono County; and

• C. The applicable sections of this chapter shall become a condition of approval of any applicable construction or development permit or map. Applicants should also consult with the applicable local Fire Protection District for possible additional requirements.

• A. Inspection shall be made pursuant to Section 1270.06 of the California Code of Regulations by the Battalion Chief of Cal Fire. Applicable fire districts or Mono County departments may provide inspection assistance through the building or development permit process.

• B. Reports of violations shall be provided to the Cal Fire Battalion Chief, who administers State Responsibility Area fire protection for Mono County.

The inspection authority may inspect for compliance with these regulations. When inspections are conducted, they should occur prior to: the issuance of the use permit; certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit.

Upon request by the applicant, exceptions to standards within this chapter and mitigated practices may be allowed by the inspection authority, where the exception provides equal to or better than overall practical effect as these regulations toward providing defensible space.

Requests for an exception shall be made in writing to the inspection authority by the applicant or the applicant's authorized representative. The request shall state the specific section(s) for which an exception is requested,

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material facts supporting the contention of the applicant, the details of the exception or mitigation measure proposed, and a map showing the proposed location and siting of the exception or mitigation measure.

Where an exception is not granted by the inspection authority, the applicant may appeal such denial to the Mono County Planning Commission in accordance with Chapter 47, Appeals. Prior to the appeal hearing, the inspection authority shall be consulted and shall provide to the Planning Commission documentation outlining the effects of the requested exception on wildland fire protection.

If an appeal is granted, the Planning Commission shall make findings that the decision meets the intent of providing defensible space consistent with these regulations. Such findings shall include a statement of reasons for the decision. A written copy of these findings shall be provided to Cal Fire Ranger Unit headquarters that administers State Responsibility Area fire protection in Mono County.

"Accessory building" means any building used as an accessory to residential, commercial, recreational, industrial, or educational purposes as defined in the California Building Code, 1989 Amendments, Chapter 11, Group M, Division 1, Occupancy that requires a building permit.

"Agriculture" means land used for agricultural purposes as defined in land use designations of the Mono County General Plan Land Use Element.

"Building" means any structure used or intended for supporting or sheltering any use or occupancy that is defined in the California Building Code. For the purposes of this chapter, building includes mobile homes and manufactured homes, churches, and day care facilities.

“Cal Fire” is the former California Department of Forestry and Fire Protection.

"Dead-end road" means a road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.

"Defensible space" means the area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures.

"Development" means as defined in Section 66418.1 of the California Government Code.

“Battalion Chief” replaces the director of the former California Department of Forestry and Fire Protection or his/her designee.

"Driveway" means a vehicular access that serves no more than two buildings, with no more than three dwelling units on a single parcel, and any number of accessory buildings.

"Dwelling unit" means any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and/or sanitation for not more than one family.

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"Exception" means an alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem.

” Firebreak ” shall mean an area of land within 30 feet of an occupied dwelling or structure or to the property line, whichever is closer, in which all flammable vegetation or other combustible growth has been removed. The creation of a firebreak shall not require removal of single specimens of trees or other vegetation that is wellpruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to any dwelling or structure.

"Fire valve” see hydrant.

"Fuel modification area" means an area where the volume of flammable vegetation has been reduced, providing reduces fire intensity and duration.

"Greenbelts" means a facility or land use, designed for other than fire protection, that will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.

" Hammerhead/T " means a roadway that provides a "T" shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.

"Hydrant" means a valved connection on a water supply/storage system, having at least one 2-1/2 inch outlet, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hoses with water.

"Local Jurisdiction" means a County/Town agency or department that issues or approves building permits, use permits, tentative maps or tentative parcel maps, or has authority to regulate development and construction activity.

"Occupancy" means the purpose for which a building, or part thereof, is used or intended to be used.

"One-way road" means a minimum of one traffic lane width designed for traffic flow in one direction only.

"Roads, streets, private lanes" means vehicular access to more than one parcel; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.

"Roadway" means any surface designed, improved, or ordinarily used for vehicle travel.

"Roadway structures" means bridges, culverts, and other appurtenance structures that supplement the roadway bed or shoulders.

“Reduced-Fuel Zone” shall mean an area between 30 and 100 feet of an occupied dwelling or occupied structure or to the property line, whichever is closer, in which all brush, flammable vegetation or combustible growth has been removed. The creation of a reduced-fuel zone shall not require the removal of single specimens of trees or other vegetation that is well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a dwelling or structure. Grass and other vegetation located more than 30 feet from the dwelling or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion.

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“Same Practical Effect" as used in this chapter means an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for firefighter safety, including:

1. Access for emergency wildland fire equipment;

2. Safe civilian evacuation;

3. Signing that avoids delays in emergency equipment response;

4. Available and accessible water to effectively attack wildfire or defend a structure from wildfire; and

5. Fuel modification sufficient for civilian and firefighter safety.

"Shoulder" means roadbed or surface adjacent to the traffic lane.

"State Board of Forestry (SBOF)" means a nine-member board, appointed by the Governor, which is responsible for developing the general forest policy of the state, determining the guidance policies of Cal Fire, and representing the State's interest in federal land in California.

"State Responsibility Area (SRA)" means as defined in Public Resources Code Section 4126-4127: and the California Code of Regulations, Title 14, Division 1.5, Chapter 7, Article 1, Sections 1220-1220.5.

"Structure" means that that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Subdivision" means as defined in Section 66444 of the Government Code.

"Traffic lane" means the portion of a roadway that provides a single line of vehicle travel.

"Turnaround" means a roadway unobstructed by parking that allows for a safe opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.

"Turnout" means a widening in a roadway to allow vehicles to pass.

"Vertical clearance" means the minimum specified height of a bridge or overhead projection above the roadway.

"Wildfire" is as defined in Public Resources Code Sections 4103 and 4104.

All specified or referenced distances are measured along the ground, unless otherwise stated.

To ensure continued maintenance of properties in conformance to these standards and measures and to assure continued availability, access, and utilization of the defensible space provided for in these standards during a wildfire, provisions for annual maintenance shall be included in the development plans, and/or shall be provided as a condition of the permit, parcel or map approval.

Road and street networks, whether public or private, unless exempted under Section 22.020(e), shall provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a wildfire emergency consistent with this section.

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A. Road Width.

• All roads shall be constructed to provide a minimum of two 10-foot traffic lanes, not including shoulder and striping. These traffic lanes shall provide for two-way traffic flow to support emergency vehicle and civilian egress, unless other standards are provided in this chapter, or additional requirements are mandated by local jurisdictions or County subdivision requirements.

B. Roadway Surface.

• Roadways shall be designed and maintained to support the imposed load of fire apparatus weighing at least 75,000 pounds and provide an aggregate base. Project proponent shall provide engineering specifications to support design, if requested by the local authority having jurisdiction.

• C. Roadway Grades.

The grade for all roads, streets, private lanes and driveways shall not exceed 16%.

• D. Roadway Radius.

  1. No roadway shall have a horizontal inside radius of curvature of less than 50 feet and additional surface width of 4 feet shall be added to curves of 50- to 100-foot radius; 2 feet to those from 100200 feet.

  2. The length of vertical curves in roadways, exclusive of gutters, ditches, and drainage structures designed to hold or divert water, shall be not less than 100 feet.

E. Roadway Turnarounds.

Turnarounds are required on driveways and dead-end roads. The minimum turning radius for a turnaround shall be 40 feet, not including parking. If a hammerhead/T is used instead, the top of the "T" shall be a minimum of 60 feet in length.

• F. Roadway Turnouts.

  • Turnouts shall be a minimum of 12 feet wide and 30 feet long with a minimum 25-foot taper on each end.

• G. Roadway Structures.

  1. All driveway, road, street, and private lane roadway structures shall be constructed to carry at least the maximum load and provide the minimum vertical clearance as required by Vehicle Code Sections 35550, 35750, and 35250.

  2. Appropriate signing, including but not limited to weight or vertical clearance limitations, one-way road or single lane conditions, shall reflect the capability of each bridge.

3. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with the American Association of State and Highway Transportation Officials Standard Specifications for Highway Bridges, 17[th] Edition, published 2002 (known as AASHTO HB-17) hereby incorporated by reference. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the local authority having jurisdiction. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, barriers or signs, or both, as approved by the local authority having jurisdiction, shall be installed and maintained. A bridge with only one traffic lane may be authorized

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by the local jurisdiction; however, it shall provide for unobstructed visibility from one end to the other and turnouts at both ends.

H. One-Way Roads.

All one-way roads shall be constructed to provide a minimum, not including shoulders of one 12-foot traffic lane. The County/Town may approve one-way roads. All one-way roads shall connect to a twolane roadway at both ends, and shall provide access to an area currently designated for no more than 10 dwelling units. In no case shall it exceed 2,640 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road.

• I. Dead-End Roads.

  1. The maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed the following cumulative lengths, regardless of the number of parcels served:

     • a. parcels designated for less than one acre 800 feet;

     • b. parcels designated for one acre to 4.99 acres 1,320 feet;

     • c. parcels designated for five acres to 19.99 acres 2,640 feet; and

     • d. parcels designated for 20 acres or larger 5,280 feet.

All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing parcel sizes, requiring different length limits, the shortest allowable length shall apply.

2. Where parcels are designated five acres or larger, turnarounds shall be provided at a maximum of 1,320-foot intervals.

3. Each dead-end road shall have a turnaround constructed at its terminus.

• J. Driveways.

All driveways shall be constructed to provide a minimum of one 10-foot traffic lane.

1. Driveways exceeding 150 feet in length, but less than 800 feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800 feet, turnouts shall be provided no more than 400 feet apart.

2. A turnaround shall be provided at all building sites on driveways over 300 feet in length, and shall be within 50 feet of the building.

3. Driveways shall be designed and maintained to support at least 36,000 pounds.

• K. Gate Entrances.

1. Gate entrances shall be at least 2 feet wider than the width of the traffic lane(s) serving that gate and a minimum of 14 feet unobstructed horizontal clearance and vertical clearance of 15 feet..

   2. All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on that road.

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3. Security gates shall not be installed without approval and where security gates are installed, they shall have an approved means of emergency operation. Approval shall be by the local authority having jurisdiction. The security gates and the emergency operation shall be maintained operational at all times.

4. Where a one-way road with a single traffic lane provides access to a gated entrance, a 40-foot turning radius shall be used.

To facilitate locating a fire and to avoid delays in response, all new and existing or approved roads, streets, and buildings shall be designated by names or numbers, posted on signs clearly visible in a position that is plainly legible and visible from the street or road fronting the property and legible from the roadway. This section shall not restrict the size of letters or numbers appearing on street signs for other purposes.

• A. Streets and roads shall be identified with approved signs.

  • Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs.

• B. Size of Letters, Numbers and Symbols for Street and Road Signs.

  • Size of letters, numbers, and symbols for street and road signs shall be a minimum of 4-inch letter height, 1/2-inch stroke, reflectorized, contrasting with the background color of the sign.

• C. Visibility and Legibility of Street and Road Signs. Road, street and private lane signs required by this chapter shall be installed prior to final acceptance by the County/Town of road improvements.

• D. Addresses for Buildings.

  • All buildings shall be issued an address by the County/Town that conforms to the County/Town overall address system. Accessory buildings will not be required to have a separate address; however, each dwelling unit within a building shall be separately identified.

• E. Size of Letters, Numbers and Symbols for Addresses.

  • Size of letters, numbers and symbols for addresses shall be a minimum 4-inch letter height, 1/2-inch stroke, reflectorized, contrasting with the background color of the sign. Address numbers shall be Arabic numerals or alphabet letters. Address identification shall be plainly legible and visible from the street or road fronting the property. Addresses shall be Arabic numbers or alphabetical letters. Where access is by means of a private road and the address identification cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the address.

• F. Installation, Location and Visibility of Addresses.

  1. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter, and the address shall be visible and legible from the road on which the address is located fronting the property.

  2. Address signs along one-way roads shall be visible from both the intended direction of travel and opposite direction.

  3. Where multiple addresses are required at a single driveway, they shall be mounted on a single post.

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4. Where a roadway provides access solely to a single commercial or industrial business, the address sign shall be placed at the nearest intersection providing access to that site.

• G. Numbering standards herein are minimum and may be greater as approved by the Mono County Building Division for buildings or Public Works Department for streets and roadways.

22.130 Emergency Water Standards. Emergency water for wildfire protection shall be available, accessible and maintained in quantities and locations specified in the statute and these regulations, in order to attack a wildfire or defend property from a wildfire

• A. Application.

  • The provisions of this article shall apply in the tentative and parcel map process when new parcels are approved by the local jurisdiction having authority. or when any existing parcel is developed within the Long Valley or Wheeler Crest fire protection districts regardless when the parcel was created. When a water supply for structure defense is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when alternative methods of protection are provided and approved by the local authority having jurisdiction.

For the purposes of this section, “developed” shall not apply to accessory buildings for, or additions to, existing residential structures.

• B. General Standards.

Water systems that comply with the below standard or standards meet or exceed the intent of these regulations. Water systems equaling or exceeding the National Fire Protection Association (NFPA) 1142, “Standard on Water Supplies for Suburban and Rural Fire Fighting” 2012 Edition hereby incorporated by reference, and California Fire Code, California Code of Regulations Title 24, part 9 shall be accepted as meeting the requirements of this article.

Such emergency water may be provided in a fire agency mobile water tender, or naturally occurring or man-made containment structure, as long as the specified quantity is immediately available.

Nothing in this article prohibits the combined storage of emergency wildfire and structural firefighting water supplies unless so prohibited by local ordinance or specified by the local fire agency.

Where freeze protection is required by local jurisdictions having authority, such protection measures shall be provided.

• C. Hydrant/Fire Valve.

  1. The hydrant or fire valve shall be 18 inches above grade, 8 feet from flammable vegetation, no closer than 4 feet nor farther than 12 feet from a roadway, and in a location where fire apparatus using it will not block the roadway.

The hydrant or other off-site fire department connection serving any building shall be:

• a. Not less than 50 feet nor more than ½-mile by road from the building it is to serve. In the Long Valley and Wheeler Crest fire protection districts, the distance shall be not less than 50 feet or more than 1,000 feet by road from the building it is to serve.

• b. Located at a turnout or turnaround along the driveway to that building or along the road that intersects that driveway.

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2. The hydrant head or fire valve shall be 2-1/2 inch National Hose male thread with cap for pressure and gravity flow systems and 4-1/2-inch draft systems. Such hydrants shall be wet or dry barrel as required by the delivery system. They shall have suitable crash protection as required by the local jurisdiction.

• D. Signing of Water Sources.

Each hydrant/fire valve or access to water shall be identified as follows:

1. If located along a driveway, a reflectorized blue marker, with a minimum dimension of 3 inches shall be located on the driveway address sign and mounted on a fire-retardant post, or

2. If located along a street or road,

   • a. A reflectorized blue marker, with a minimum dimension of 3 inches, shall be mounted on a fireretardant post. The sign post shall be within 3 feet of said hydrant/fire valve, with the sign no less than three feet nor greater than 5 feet above ground, in a horizontal position and visible from the driveway, or

   • b. As specified in the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.

• E. Maintenance.

Ongoing maintenance of required water supply(s) shall be the responsibility of the property owner.

• A. Class A roof covering(s) as defined in the California Building Code shall apply for every new building(s) and all reroofing of existing building(s) and shall be verified by field inspection.

  1. The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the Mono County Building Division. The installer shall also install the roof covering in accordance with the manufacturer's listing.

  2. The roofing material shall have passed a minimum 10-year accelerated weather test approved by a testing laboratory recognized by the State Fire Marshal.

  3. This section shall not apply to any building or facility designated as an historic building, as defined in Section 18955.

• A. Requirements

  1. Property shall be maintained in accordance with the defensible space requirements contained in Government Code section 51182 (unless exempted by Government Code section 51183 or 51184) and Public Resources Code section 4291, as applicable.

  2. The existence or maintenance of any of the following conditions is prohibited:

  - a. Tree branches within 10 feet of a chimney outlet or stovepipe outlet; 
  
  - b.  Dead or dying tree branches adjacent to or overhanging a building; 
  
  - c. Leaves, needles, or other dead vegetative growth on the roof of any structure;
  

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• d. Flammable vegetation or other combustible growth within 30 feet of an occupied dwelling or structure that prevents the creation of a firebreak;

• e. Brush, flammable vegetation, or combustible vegetation located between 30 and 100 feet of an occupied dwelling or structure that prevents the creation of a Reduced Fuel Zone; or

  • f. Brush or other flammable material within 10 feet of a propane tank.

• B. Clearance/Treatment.

  • Driveways shall have a minimum width of 7 feet unobstructed horizontal clearance from the centerline of the road, for a total of 14 feet, and unobstructed vertical clearance of 15 feet. In addition to the unobstructed horizontal clearance, a driveway fuel modification area of an additional 8 feet or to the property line, whichever comes first, along each side of the driveway shall be established. The driveway fuel modification area is required from the point at which the driveway intersects the road to the driveway’s intersection with the defensible space of the structure. Treatment in the driveway fuel modification area shall be implemented in accordance with the requirements for Zone 2 pursuant to 14 CCR 1299.03. The driveway fuel modification area shall also apply to turnouts and turnarounds associated with driveways.

3. No person shall be required to maintain any clearing on any land if that person does not have the legal right to maintain the clearing, nor is any person required to enter upon or damage property that is owned by another person without the consent of that person.

4. The prohibitions contained in paragraph 3 shall not apply to land or water area located outside a State Responsibility Area that are acquired or managed for one or more of the following purposes or uses:

a. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government;

b. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities;

  - c. Open-space lands that are environmentally sensitive parklands; and 

  - d. Other lands having scenic values, as declared by the local agency or by  state or federal law. 

• B. Local Enforcement.

1. Any County personnel performing health and safety functions, including but not limited to, paramedics, building inspectors, and code compliance officers, may be trained and assigned to conduct general property inspections to determine compliance with the provisions of 22.150, provide educational materials and instruction concerning defensible space requirements to owners and occupiers of structures, and to issue correction notices to owners and occupiers of structures to gain compliance with the provisions of 22.150. Any duly designated person assigned by a local Fire Protection District may be trained and assigned to conduct general property inspections to determine compliance with the provisions of 22.150, provide educational materials and instruction concerning defensible space requirements to owners and occupiers of structures, and to issue correction notices to owners and occupiers of structures to gain compliance with the provisions of 22.150.

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2. If an owner or occupier of a structure fails to comply with a correction notice issued to them, the person or entity that issued the correction notice may follow up the correction notice with a second correction notice that shall include a warning that the failure to make the necessary corrections may result in enforcement action pursuant to Chapter 1.12 of the Mono County Code or any other enforcement action or remedy allowed by law.

3. Mono County Code Compliance Officers may take any necessary enforcement action upon receipt of a second correction notice. The proposed enforcement action shall take into consideration the degree of the danger posed by the lack of compliance with the defensible-space requirements.

4. Forms may be created for use by County personnel and Fire Protection District personnel in implementing this section.

5. The provisions in this section are intended solely to supplement, and not supersede, replace, or modify the enforcement provisions set forth in Public Resource Code Section 4291.

C. Applicability.

1. Defensible space requirements shall apply to existing structures and shall be required for the following applications for which approval has not been granted as of the effective date of this chapter:

   • a. Applications for building permits as provided in Mono County Code Chapter 15.04;

   • b. Applications for tentative subdivision final and parcel maps; and

   • c. Applications for use permits when applicable.

• D. Exceptions and Modifications.

1. An exception to, or modification of, the regulations set forth 22.150 may be authorized whenever a finding is made by [the Community Development director] that the exception or modification provides an overall practical effect of creating defensible space and/or where site-specific conditions, including previously required development mitigation conditions to preserve wildlife or botanical habitat preservation have been required. When considering such site-specific exemptions or modifications, the Community Development director may consult with experts in the fields of wildfire protection and wildlife and botanical habitat preservation in reaching an appropriate level of modification. When an exception is requested for a site that is located within an established community, the Community Development director may consult with the designated representative of the local Fire Protection District in determining the requested exception or modification.

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DEVELOPMENT STANDARDS