4.7. PARKWAY CORRIDOR (PC) COMBINING ZONING

The Parkway Corridor (PC) Combining Zoning District, as shown on the Comprehensive Zoning Plan, shall be used to regulate property along the American River within the unincorporated area of the County. The goals promoted by establishment of this zoning district include:

• Preserve and enhance the American River and its immediate environment consistent with the goals and policies of the American River Parkway Plan, an element of the Sacramento County General Plan.

Ensure, to the extent possible, the compatibility of land uses within the American River Parkway and land adjacent to the Parkway for their mutual benefit.

• Ensure that development with access within and adjacent to the American River Parkway is designed to reduce as much as possible visible intrusion into the Parkway and to complement the naturalistic amenities of the Parkway.

• Provide flexibility in development requirements such as setback, height, bulk, and landscaping applicable to parcels of property subject to the regulations of the PC zoning district.

• Minimize risks to public health, safety, and welfare in areas that are potentially threatened by erosional processes.

• Ensure that bluff development, including related storm runoff, foot traffic, site preparation, construction activity, irrigation, and other activities and facilities accompanying such development, does not create or contribute significantly to problems of erosion or geologic instability on the site or on surrounding areas.

• Ensure that bluff development is sited and designed to assure stability and structural integrity for its expected economic lifespan while minimizing alteration of natural landform features. Ensure that development within the American River Parkway Corridor zoning district occurs in a manner that maintains a safe environment for homes and other improvements, and protects the aesthetic and environmental quality of the Parkway.

4.7.1.A. Applicability

1. The PC appearing after a zoning district abbreviation on the Comprehensive Zoning Plan indicates that the property so classified is subject to the provisions of this Section in addition to those of the underlying zoning district, except as otherwise specified in this Section.

2. The PC combining zoning district may be applied to the unincorporated area of the County adjacent to or near the American River for which the Board of Supervisors determines that land development may affect the stability of bluffs or terraces or have an impact on the preservation or enhancement of scenic, recreational, fishery, or wildlife values along or near the American River.

3. The PC combining zoning district is comprised of four erosion zoning districts based on geologic hazards resulting from erosional processes. Erosion zoning districts have been defined with development setbacks that identify areas potentially subject to erosion within the next 100 years. Property owners and developers must address the erosion problems associated with the erosion zoning districts prior to development in the applicable erosion zone.

ur erosion zoning districts based on geologic hazards resulting from erosional processes. Erosion zoning districts have been defined with development setbacks that identify areas potentially subject to erosion within the next 100 years. Property owners and developers must address the erosion problems associated with the erosion zoning districts prior to development in the applicable erosion zone.

4. County owned or controlled property in the PC combining zoning district shall require prior approval of the Board of Supervisors for any use of the property. The Board of Supervisors shall not approve any use of such property that is inconsistent with the American River Parkway Plan or any other element of the General Plan.

[AMENDED 01-12-2017]

4.7.2.A. Erosion Zones Established

The Erosion Zones shall be established as depicted in Erosion Zone Exhibits A through D of Section 4.7.4.E.

4.7.2.B. Definitions

The following definitions apply to this Section.

1. Bluff

A bluff is an escarpment or steep face of rock, decomposed rock, sediment, or soil resulting from erosion, faulting, folding, or excavation of a landmass. A bluff may be planar or have a curved surface, or it may be step-like in section. As used in this zone, “bluff” is limited to those features having a vertical relief of 10 feet or more whose toe is subject to river erosion (See Figure 4-1).

Figure 4-1

2. Bluff Edge

The bluff edge is the upper termination of a bluff. The bluff edge can be defined in the following manner:

• a. When the top of the bluff is rounded away from the face of the bluff, the edge shall be defined as that point nearest the bluff at which the slope of the land surface becomes more or less continuous with the general slope of the surrounding land area going away from the river (See Figure 4-2).

Figure 4-2

• b. When there is a step like feature at the top of the bluff face, the landward edge of the topmost riser shall be defined as the bluff edge (See Figure 4-3).

Figure 4-3

3. Bluff Face

The bluff face shall be defined as that portion of the bluff’s land surface that extends in a downward gradient from the bluff edge to the toe (See Figure 4-4).

Figure 4-4

4. Terrace

A terrace shall be defined as an elevated portion of rock, decomposed rock, sediment, or soil resulting from erosion, faulting, folding, or excavation of a landmass. A terrace may have a curved surface or it may be step like in section. As used in this zone, a “terrace” is limited to those features having a vertical relief of 10 feet or more whose toe is not presently subject to river erosion (See Figure 4-5).

Figure 4-5

4.7.2.C. Resolution of Disputes

The Planning Director shall resolve disputes with regard to a determination made establishing a bluff or terrace, the edge of a bluff or terrace, toe of a bluff or terrace, 100-year floodplain, 200-year floodplain, designated floodway, or other significant topographic or geologic feature. Any person dissatisfied with the determination made by the Planning Director may appeal such determination, pursuant to Section 6.1.3, “Appeal.”

4.7.3.A. Standards on Lots Protected by Levees

Development standards for uses, buildings, or structures on lots protected by levees maintained by a public agency shall be as follows:

1. Height

The maximum height of a building or structure shall not exceed the difference between the elevation of the finished grade of the building site and the elevation of that portion of the levee crown closest to the building site, plus five feet, plus one foot for each five feet by which the distance from the building structure to the landward toe of levee exceeds 35 feet; but in no event greater than the height limitations of the underlying zone.

2. Setback

No building or structure other than an accessory building is located closer than 35 feet, and no accessory building is located closer than 25 feet to the landward toe of the levee.

4.7.3.B. Standards on Lots Not Protected by Levees

Development standards for uses, buildings, or structures on lots not protected by levees maintained by a public agency and also not within the total setback distance in an erosion zoning district as described on the Erosion Zone Exhibits A through D, shall be as follows:

1. Height of Accessory Buildings

Accessory buildings shall not exceed 12 feet in height.

2. Screening

Dwellings and other structures shall be screened by live plantings of locally native trees and shrubs to minimize the visual impact of the dwelling or structure from the parkway.

3. Finish Color

Dwellings and structures shall be finished in earthtones as defined in this Chapter Seven of this Code.

4.7.3.C. Standards on Lots Located Within and Erosion Zoning District

Development standards for uses, buildings, or structures on lots that are located within an erosion zoning district, as described on Exhibits A through D, and within the total setback distance for that zoning district as shown on Table 4.1.

1. Height of Accessory Buildings

Accessory buildings shall not exceed 12 feet in height.

2. Screening

Dwellings and other structures shall be screened by live plantings of locally native trees and shrubs to minimize the visual impact of the dwelling or structure from the parkway.

3. Finish Color

Dwellings and structures shall be finished in earthtones as defined in this Code.

4. Setbacks from Bluffs

• a. Accessory uses, buildings, and structures (including swimming pools and appurtenant equipment) customarily incidental to and subordinate to single-family detached and two-family dwellings shall not be located closer than 20 feet from the edge of a bluff or terrace.

• b. Construction, erection, or installation of any fence, wall, abutment, or similar device shall not be located closer than:

  • i. 20 feet from the edge of a bluff or terrace when proposed in Erosion Zone 1 or 2; and

  • ii. 10 feet from the edge of a bluff or terrace when proposed in Erosion Zone 3 or 4.

• c. No form of trenching, grading, earth filling, or similar disturbance of residual or transported soils shall occur within:

  • i. 20 feet from the edge of a bluff or terrace when proposed in Erosion Zone 1 or 2; and

• ii. 10 feet from the edge of a bluff or terrace when proposed in Erosion Zone 3 or 4.

Table 4.1 Development Setbacks for the PC District

[1] Long term bluff recession is based on estimated channel migration rate and a 100-year time period.

[2] Distance measured from edge of bluff that is potentially subject to erosion within 10 years.

[3] Buffer zone added to allow for property remaining at end of 100-year period.

[4] The total setback distance is measured from the edge of a bluff or terrace whichever is closer to the river.

[5] The entire area within Zone 5 is potentially subject to erosion within a 100-year period.

4.7.4.A. Conditional Use Permit Required

1. Unless otherwise provided in this Section, all uses designated as either permitted or conditional uses in the underlying zoning district shall be authorized in the PC combining zoning district provided a Conditional Use Permit is obtained for any such use as provided in Section 6.4.3, “Conditional Use Permits” of this Code.

2. The following uses and activities are permitted in an Erosion Zone as defined in Section 4.7.3.B and within the total setback distance as shown in Table 4.1, Development Setbacks for the PC District, upon submission of required geotechnical data and approval of a Conditional Use Permit approved by the Planning Commission as prescribed in Section 6.4.3, “Conditional Use Permits,” of this Code.

   • a. Construction, enlargement, or modification of any building or structure for which a building permit is required.

• b. Construction, erection, or installation of any structure, wall, abutment, or similar device for which a building permit is required that is intended to reinforce, stabilize, or otherwise protect any bluff or terrace from erosion, mass wasting, or similar land movement.

4.7.4.B. Administrative Approvals

1. Notwithstanding Section 4.7.4.A, the following uses, buildings, and structures, either located outside an Erosion Zone or within an Erosion Zone as defined in Section 4.7.3, but outside the total setback distance as shown in Table 4.1, Development Setbacks for the PC District, are authorized without the grant of a Conditional Use Permit and provided the buildings or structures meet the development standards specified in Section 4.7.4; otherwise such uses, buildings, or structures shall not be erected or maintained without first obtaining a Conditional Use Permit as in Section A, above.

   • a. One single-family detached dwelling, including mobile home, on each lot.

   • b. One two-family dwelling, including mobile home on each lot.

   • c. Accessory uses, buildings, and structures (including swimming pools and appurtenant equipment) customarily incidental to and subordinate to single-family detached and twofamily dwellings.

2. In a PC combining zoning district, any application for a building permit or other entitlement of use, building, or structure authorized without a Conditional Use Permit per Section 4.7.4.B.1 shall be reviewed by the Planning Director for compliance with the provisions of this Section. The Planning Director may require an application for Design Review for any use, building or structure that is visible from the American River or an adjacent location within the Parkway to make this determination. If, in the opinion of the Planning Director, the proposed development will not meet the development requirements provided in this Section, the Planning Director shall inform the applicant that the building permit or Design Review for the use is disapproved. The Planning Director’s decision is not subject to an appeal. The applicant’s sole recourse to the Planning Director’s decision is to apply for approval of the proposed development under the Conditional Use Permit process per Section 4.7.4.A.

equirements provided in this Section, the Planning Director shall inform the applicant that the building permit or Design Review for the use is disapproved. The Planning Director’s decision is not subject to an appeal. The applicant’s sole recourse to the Planning Director’s decision is to apply for approval of the proposed development under the Conditional Use Permit process per Section 4.7.4.A.

4.7.4.C. Exemption

When the procedures of this Section differ from procedures for review of development in any County or privately initiated Planned Development, Special Development Permit, or Zoning Agreement, then the procedures of the Planned Development Ordinance, Special Development Permit, or the Zoning Agreement shall prevail. Notwithstanding the preceding sentence, when this Section prescribes a

procedure for review and issuance for permits within an Erosion Zone as depicted on Erosion Zone Exhibits A through D and within the total setback distance as shown Table 4.1, “Development Setbacks for the PC District,” the procedures of this Section shall prevail.

4.7.4.D. Findings

In addition to the findings required by Section 6.4.3, “Conditional Use Permits,” when development is proposed within an erosion zoning district as described on Exhibits A through D and within the total setback distance as shown in Table 4.1, “Development Setbacks for the PC District,” the appropriate authority shall not grant a Conditional Use Permit unless it finds and records in writing that:

1. Development will be sited and designed to assure stability and structural integrity for its expected economic lifespan while minimizing alteration of natural landform features;

2. Development will not create or contribute to significant problems of erosion or geologic instability on the site or on surrounding areas;

3. Development will maintain a safe environment for homes and other improvements and protect the aesthetics and environmental quality of the American River Parkway;

4. Development does not preclude or foreclose future recreation or open space potential in the American River Parkway; and

5. There are adequate provisions included in the development proposal for maintenance and revegetation of the project area.

4.7.4.E. Authority of Hearing Body

1. Generally, development requirements of property including lot area, lot width, or public street frontage applicable to property located in the underlying zoning district shall apply to the uses authorized by Section 4.7.4.A. However, the appropriate authority in granting the Conditional Use Permit may impose any or all of the development requirements specified in Section 4.7.4.E.2 if, in the judgment of the appropriate authority, the special requirements specified herein are necessary to carry out the intent herein.

2. The granting authority may:

   • a. Require a reasonable additional building setback or yard area particularly in high terrace and bluff areas that overlook the American River.

   • b. Require the screening of any portion or all of the structure, building, or use through the use of walls or fences, the planting of locally native trees or shrubbery, or combinations thereof.

• c. Require the modification of exterior features of structures where necessary to minimize physical or visual intrusion into the Parkway.

• d. Establish a limitation on the size or bulk of a building or structure.

• e. Regulate the design and location of access drives and other features.

• f. Regulate the location, design, and capacity of utilities.

• g. Require the use of specific colors, lighting, and landscaping features as otherwise required by this Section.

• h. Regulate the design, as well as require the maintenance of grounds, landscaping, or an irrigation or drainage system.

• i. Regulate noise, vibration, odors, and other similar concerns within certain performance standards.

• j. Require the phasing of development.

• k. Require a bond or deposit of money to assure completion of development as authorized by the permit.

• l. Require the use of non-combustible roofing and siding materials to minimize structural loss in areas with limited accessibility and that are potentially threatened by the occurrence of fire originating from the Parkway.

• m. Require a fire resistant buffer between the open areas of the parkway and structures adjacent to it or require locally native plant varieties that are drought and fire resistant. A list of locally native plant varieties is maintained by the Parks and Recreation Department.

• n. Require that disruption to natural riparian vegetation be minimized, and no trees that are native to the area and that are six inches in diameter or larger shall be damaged or removed unless in imminent danger of collapse from erosion.

• o. Require that the area disrupted by the project be revegetated in accordance with a revegetation program utilizing an approved combination of locally native riparian trees, shrubs, and groundcover. If gabion, rip rap, or other structural measures are used, require that they be screened from public view with locally native vegetation.

• p. Require that the slope and appearance of the project area be compatible with the natural character of nearby slopes or riverbanks.

• q. Require that, where feasible, vegetation be used to prevent further erosion. Gabions, rock and wire mattresses, or wire mesh over stone, may be used where vegetative measures alone are insufficient, but the erosion control program shall include measures to minimize

damage to riparian vegetation and wildlife. Rip rap shall not be used unless slope, stream current, and existing native vegetation are favorable to providing substantial vegetative screening of the rip rap. Rubble, gunite, cement or sandbags, bulkheads, fences, used tires, and similar materials or structures are prohibited.

• r. Require the review of development at a specified time to ensure compliance with all conditions of approval, zoning agreements, ordinances, statutes, regulations, and procedures applicable at the time of development.

3. If the granting authority imposes any of the development requirements specified in Section 4.7.4.E.2, the granting authority shall find and record in writing the circumstances that it determined necessary to require the imposition of any special development requirement.

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