4.9. DELTA WATERWAYS (DW) ZONING DISTRICT — Sacramento County Zoning Code

4.9.1. Purpose ¶

The Delta Waterways (DW) zoning district is designed to regulate property in the unincorporated area of the County along the Sacramento River and along the waterways in the area commonly known as the “Delta area.” The purposes of the DW zoning district are to:

Preserve and enhance the waterways and their immediate environment consistent with the General Plan.

Ensure the compatibility of land uses along the river and waterways and land adjacent to the river and waterways.

Provide a process to promote and ensure the compatibility of development by examination of individual development proposals.

4.9.1.A. Applicability

These regulations shall apply to those waterways of the Delta and the waterside berm and levee area extending to the top of the waterside of the levee or to the water’s edge at mean lower low water or as otherwise indicated by a DW on the Comprehensive Zoning Plan.

4.9.2. Definitions ¶

The following definitions apply to the specified terms as used in this Section:

4.9.2.A. Natural Areas

As used in this zoning district, “Natural Areas” are those waterways or portions of waterways exhibiting significant scenic, ecological, historical, or natural values that should be preserved to protect wildlife habitat, existing vegetation, and remnants of the waterways history. Such areas shall be indicated on the Comprehensive Zoning Plan as “DW-N.”.

4.9.2.B. Scenic Areas

As used in this zoning district, “Scenic Areas” are those waterways or portions of waterways that are of a lesser ecological or natural value than “Natural Areas” or have the potential for enhancement of such values, but that can support a wider range of active recreational activities without adverse environmental impact. Such areas shall be indicated on the Comprehensive Zoning Plan as “DW-S.”

4.9.2.C. Restricted Areas

As used in this zoning district, “Restricted Areas” are those portions of waterways that are restricted for through navigation by existing docks, marinas, or other development, or are located adjacent to the Delta urban communities; but are located such that expansion of such facilities or additions of similar water-oriented facilities will be compatible with the purpose and standards of this zoning district. Restricted areas shall be indicated on the Comprehensive Zoning Plan as “DW-R.”

4.9.2.D. MLLW

MLLW as used in this Section shall mean “Mean Lower Low Water” Uses.

4.9.2.E. Prohibited Uses

The following uses and activities are expressly prohibited:

Permanent moorage or anchorage of a houseboat or other vessel used for human habitation, except within an approved marina. Existing houseboat owners may apply for a Conditional Use Permit as provided in this Code to qualify an existing houseboat anchorage as a lawful nonconforming use.
The mooring or anchoring of a houseboat for a period exceeding one day within two miles of the intake for a domestic water supply.
The establishment of any project such as marinas, commercial piers and docks, boat sheds, and other commercial facilities such as restaurants in any area shown on the Comprehensive Zoning Plan as a “Natural Area.”
The release of any polluting material, debris, junk, abandoned vehicles, and similar materials into any waterway.
The location of any industrial and non-water-oriented commercial facilities within any area shown on a Comprehensive Zoning Plan as a “Scenic Area.”
The storage of hazardous materials including, but not limited to, herbicides, pesticides, explosives, and similar materials in an area not protected from flooding.
Storage of recreational vehicle(s) for a period exceeding 180 days in any one-year period.
Private multiple docks accommodating more than three boats are prohibited in all zoning districts except where adjacent to commercial zoning districts.
Private docks are prohibited on parcels created after March 1, 1994, if rezoning is required to create the new parcels.

4.9.2.F. Permitted Uses and Activities

The following uses and activities shall be permitted by-right in the DW zone:

Legally established buildings, structures, or uses that have become nonconforming by placement of the property in the DW zoning district may remain nonconforming and may be repaired, restored, or replaced. Any expansion of such buildings or structures shall be in conformance with the provisions in effect at the time of such expansion.
Agricultural uses and minor accessory structures for facilities, including but not limited to pumps, drains, and fences. This does not include agricultural-related industry.
Floating structures for permanent human habitation when moored in an approved marina.
Removal of grass, brush, or dead or downed trees.
Removal of vegetation determined as noxious weeds by the Agricultural Commission.
Removal of junk, debris, or obstructions.
Any action required to eliminate an immediate safety hazard or to ensure the safety of persons or property.
Camping, group use, and certain other uses allowed within public park facilities will be subject only to permits issued by the operating agency.
Property owners’ personal recreational uses, excluding docks that are regulated in subsection 4.9.3.B, “Location of Structures in Waterways.”
Private boat docks, swim floats, and fishing piers when the requirements of Section 4.9.3.C, “Development Standards,” are met.
Single-family dwellings, including mobile homes and accessory buildings and structures.

4.9.2.G. Conditional Uses

Notwithstanding any other Section or Table of this Code, the following water-dependent uses are permitted in the DW zone upon issuance of a Conditional Use Permit approved by the appropriate authority.

Boat Launches
Water recreation equipment rentals and sales.
Snack bar outside existing marinas incidental to a park, boat launch, or other water-oriented use.
Tackle Shops.
Parks, including facilities for boat launching, overnight camping, picnicking, and travel trailer and recreation vehicles.
Boat rentals and sales outside an existing marina.
Industrial facilities for the shipping and receiving of raw or processed materials by water.
Restaurants.
Existing structures for human habitation when moored or anchored permanently in the waterway.
Marine supplies.
Boat harbors, marinas, and incidental accessory uses.
Commercial docks and piers.
Other similar water dependent uses.
Expansion of existing marinas.
Commercial boat docks, swim floats, fishing piers.
Gas and boat service at existing marinas and docks.
Mobile home parks in existence as of July 26, 1978, that held a validly issued Use Permit. If such Use Permit has expired, application to renew the Use Permit may be filed and, if approved, the use may be continued.
Private boat docks, swim floats, and fishing piers that do not meet the requirements of Section 4.9.3, “Development Standards”. Private multiple docks accommodating more than three boats are allowed only adjacent to commercial zoning districts.
Guest homes, residential accessory dwellings.
Gas and oil wells subject to obtaining permits from the State.

4.9.3. Development Standards ¶

All projects in the DW zone shall meet the following development standards, unless deviations are specifically permitted by a Use Permit:

4.9.3.A. Dimensional Standards

1. Lot Area

Each lot in the DW zoning district shall have a net lot area of not less than 20,000 square feet. If neither a public water supply nor a public sewerage facility is in use, the net lot area for each lot shall be not less than one acre.

2. Lot Width

Each lot in the DW zoning district shall have a minimum width of 75 feet.

3. Setbacks

a. Front

The minimum setback from the levee to any structure shall be 10 feet measured towards the waterway from the toe of the levee.

b. Side Yard

There shall be a side yard in the DW zone on each side of all buildings or structures of not less than 20 feet.

4.9.3.B. Location of Structures in Waterways

Structures may be located within “Restricted Areas” as indicated on the zoning maps when extensions into the waterways do not exceed one third of the horizontal distance across the waterway and an unrestricted navigation channel of not less than 100 feet is maintained.
Structures located in all other areas of the waterways must maintain an unrestricted navigation channel of not less than 100 feet and adhere to the most restrictive of the following standards:
- a. Extensions shall not exceed more than 200 feet at MLLW for commercial and public facilities.
- b. Extensions shall not exceed more than 100 feet at MLLW or to the line of existing adjacent structure in areas of intensive shoreline development, for private facilities.
- c. Extensions shall not exceed more than one third of the horizontal distance across the waterway.
- d. 300 feet of clearance between the project and the undeveloped opposite bank, assuming the opposite bank is not to be developed.
- e. 500 feet of clearance between the project and any development along the opposite bank.
- f. 700 feet of clearance between the project and the undeveloped opposite bank, when development of the opposite bank is physically possible and is zoned for development.

4.9.3.C. Standards for Private Boat Docks, Swim Floats, and Fishing Piers

Maximum length along the shoreline shall not exceed one half the width of the lot or 60 feet, whichever is less.
Swimming floats will be permitted that are capable of being removed from the floodway during the flood season.
Docks shall be side tie or one berth and shall accommodate no more than three boats of any size at any one time.
Docks shall be limited to one per parcel that was in existence prior to March 1, 1994. Private docks may be considered by Use Permit for new parcels created after March 1, 1994, when the new parcels are consistent with existing zoning. The purpose of the Use Permit is to review the cumulative impacts of docks on through navigation, levee stability, and riparian habitat and to consider evolving policies on waterways use from the state and local studies.
Boat docks, swim floats, and fishing piers shall not extend more than 40 feet into the river at MLLW.

4.9.3.D. Building Pad Requirements

The type of fill for the pad is to be approved by the Department of Water Resources.
Trees exceeding nine inches in diameter may not be removed except when located in an area needed for the building pad.

4.9.3.E. Elevation and Floodproofing Requirements

All structures and improvements, if within the floodway or the 100-year floodplain, shall comply with elevation requirements pursuant to the Department of Water Resources Floodplain Management Ordinance and regulations adopted pursuant thereto.

4.9.3.F. Parking

Parking will be as required in Section 5.9, “Off-Street Parking Requirements.

4.9.3.G. Signs

Signs and permitted advertising devices may be erected subject to Section 5.10, “Sign Regulations.” Where specific conditions of the Use Permit are less or more restrictive than the development standards, the condition shall apply.

4.9.3.H. Private Septic Services

Any development shall comply with the sewage regulations of the Environmental Management Department as provided in the SCC and regulations adopted pursuant thereto.

4.9.4. Procedures ¶

4.9.4.A. Special Considerations

The appropriate authority in the consideration of a Use Permit filed pursuant to Section 6.4.3, “Conditional Use Permits,” shall, in addition to any requirements imposed by law, give due consideration to the following in the analysis of any application:

1. Consideration for All Uses

a. The location and anchorage of any private docks, piers, floats, and swimming.
b. The location, size, and lighting of any signs.
c. Flood hazards.
d. The adequacy of flood warning and evacuation plans.

2. Special Considerations for Commercial and Industrial Uses

a. The adequacy of parking, landscaping, and vehicular access.
b. The convenience of off-street parking and lighting of the off-street parking.
c. Health Agency acceptance of pump out facilities, holding tanks, and other sewage facilities.
d. Availability of a public water system as required by the Health Agency. Otherwise, potable water as regulated by the Building Code.
e. Public access to the waterway(s).
f. Flood hazards.
g. The measures proposed to reduce the impact of any loss of vegetation and fowl or animal habitats.

3. Special Considerations for Recreational Facilities or Uses

a. Whether the proposed use is available to the general public.
b. The compatibility with the waterway environs.
c. The mitigation measures such as fences and screen planting to mutually protect recreation uses and residential uses from each other.
d. Any recreational use other than commercial recreational use shall not be approved until the same has been approved by the Director of the Regional Parks Department.
e. Flood hazards.

4. Special Considerations for Private Docks

a. The impacts relative to on-site parking, concentration of boating activities, noise, and the relationship to adjoining residential and agricultural uses.
b. The potential for on-street and off-street parking problems, vehicle traffic, and pedestrian safety.
c. The size of the boating facility relative to the width and size of the lot, the width of the river, and basic compatibility with other docks in the area.

4.9.4.B. Conditions of Approval

In addition to the general conditions for approval of a Conditional Use Permit in Section 6.4.3, the granting authority may require and specify the following conditions:

Removal of debris, abandoned structures, other hazards.
Installation of boating regulation signs.
Compatibility of the project with existing structures and natural features.

4.9.4.C. Written Findings

No Conditional Use Permit application shall be approved until the granting authority shall find that the use, structure, or facility will not significantly:

Limit the diversity of public uses appropriate in the waterway.
Result in a substantial adverse environmental impact to natural habitats.
Impede the natural flow of the channel.
Adversely affect the stability of the levee or lands adjacent to the waterway or formation of sandbars or shoals.
Create a safety or navigation hazard.
Cause increased flood heights.
Cause additional threats to public safety.
Reduce the ecological or scenic values of an existing or approved state or local ecological preserve or wildlife management area.
Cause excessive disturbance, dredging, filling, or bulkheading to the shoreline, and be incompatible with the existing natural and manmade features.

4.9.4.D. Finding on Appeals

On appeal, the findings in Sections 4.9.4.D.1 through 4.9.4.D.3 must be made in addition to the findings outlined in Section 4.9.4.C.

That a public need is demonstrated. In determining public needs, the services provided the boating public and the residents of the adjacent community as well as providing access to points of historical significance shall be given primary consideration.
That no feasible alternative location exists.
That an environmental document has been accepted as adequate and adequate mitigation of any identified adverse impact is provided, or has been overridden.