§ 9-707

This Chapter establishes regulations for the protection, conservation, and/or managed use of specified natural resources, including riparian habitat and mineral resources.

The requirement of this Chapter shall apply to all development projects requiring discretionary approval that may directly or indirectly affect riparian habitat or mineral resources designated for Resource Conservation in the General Plan.

(Ord. No. 4683, § 33, 12-9-2025)

(a)

Determinations Needed for Proposed Loss. An action that, in the opinion of the Zoning Administrator, has the potential to destroy, eliminate, or degrade riparian habitats shall not be permitted, unless the Zoning Administrator determines that: 1) the potential loss is in the public interest, or 2) potential destruction, elimination, or degradation of the riparian habitat would be mitigated through a Riparian Habitat Mitigation Plan, which would be part of the conditions of project approval.

(b)

Riparian Habitat Mitigation Plan. The Riparian Habitat Mitigation Plan shall include specific actions to protect existing riparian abitat or a plan to replace, preserve, or develop new habitat, or a combination thereof. The Plan shall be prepared by a qualified biologist approved by the Zoning Administrator and shall be subject to the following provisions:

(1)

On-Site Riparian Habitat. The Plan shall show the location and extent of existing riparian habitat on the site of the proposed project and shall indicate the riparian habitat that may be destroyed, eliminated, or degraded as a result of the project as well as the riparian habitat that is to be retained and protected, with methods for ensuring protection.

(2)

[Reserved.]

(3)

Mitigation Sites. The Plan shall indicate sites that are to be developed or preserved to serve as mitigation for loss of riparian habitat resulting from the proposed project. To the extent practicable, mitigation sites shall be in San Joaquin County and shall facilitate maintenance or enhancement of riparian corridors.

(4)

Contribution to Existing Off-Site Habitat Site. In lieu of establishing and maintaining riparian habitat on the site of the proposed development, the applicant may contribute to the acquisition and maintenance of an existing off-site riparian habitat area or contribute to the establishment and maintenance of a new riparian habitat area. The amount of the contribution shall be based on the cost of establishing and maintaining replacement habitat for a five-year period on site.

(5)

Replacement Vegetation. Vegetation planted to mitigate the loss of riparian habitat shall generally be native vegetation. The size of the area of replacement vegetation shall be at least two times the size of the area that is to be destroyed, eliminated, or degraded.

(6)

Maintenance. Specific actions to maintain replacement vegetation for five years shall be incorporated into the Plan.

(7)

Conservation Easement. Assurance of habitat preservation shall be by conservation easements approved by County Counsel.

(c)

Natural Bank Buffer. Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of this open space shall be 100 feet, measured from the mean highwater level of the natural bank or 50 feet back from the existing riparian habitat, whichever is greater. Waerdependent uses may be permitted in this buffer.

(Ord. No. 4683, § 34, 12-9-2025)

For extractive projects and non-extractive projects/activities proposed in areas of significant sand and gravel deposits designated for Resource Conservation on the General Plan Map or identified as sand and gravel resources by the by the California Division of Mines and Geology or the California Geologic Survey published by the State Department of Conservation, the following requirements shall apply:

(a)

Extractive Projects. For an extractive project, the applicant shall file an application for a Quarry Excavation Permit.

(b)

Non-extractive Projects. For a non-extractive project/activity, such as a residential development, which is proposed in an area of significant sand and gravel deposits, as determined by the State Mining and Geology Board, the State Department of Conservation or by the County, but which is not associated with the extraction of this resource, the applicant shall file for a Zoning Compliance Review, as specified in Chapter 9-803, unless a discretionary permit is required.

(c)

Prohibitions. The following projects shall not be permitted.

(1)

Non-extractive projects that require significant capital investment in facilities and structures; and

(2)

Extractive projects that would have irreversible, deleterious environmental effects that cannot be mitigated.

In areas designated as Open Space/Resource Conservation on the General Plan Land Use Map, all proposed development and modified or expanded land uses require an Administrative Use Permit, except:

(a)

When another discretionary approval is specified by the Title.

(b)

At the discretion of the Zoning Administrator, a Zoning Compliance Review may be used when:

(1)

The expansion is for less than 25 percent of the existing floor area; or

(2)

New accessory uses or structures comply with the requirements in Section 9-203.020, Land Use Regulations.

All uses, including, but not limited to flooding inconsistent with generally accepted agricultural practices or which presents or could present a threat to the physical integrity of Delta levees, on land located within the Primary Zone of the Sacramento-San Joaquin Delta are prohibited, except:

(a)

Allowed uses as identified in Tables 9-203.020-1, 9-203.020-2 and 9-203.020-3;

(b)

The Delta Wetlands Project as defined in the 2011 Delta Wetlands Project Place of Use Environmental Impact Report and reflected in the protest dismissal and settlement agreement reached in the matter of Central Delta Water Agency et al. v. Semitropic Water Storage District. et al., San Francisco County Superior Court Case No. CPF-II-51175; and

(c)

Easements obtained under the San Joaquin Multispecies Habitat Conservation Plan, but not greater than 80 acres by a single entity.

Series 800: - Administration and Permits

Chapter 9-800 - Administrative Provisions Overview