Chapter 17 — 30A - SURFACE MINING AND RECLAMATION

Sections:

17.30A.010 - Purpose and intent.

The County of Trinity recognizes that the extraction of minerals is essential to the continued economic wellbeing of the county and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The county also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

The purpose and intent of this section is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Section 8, Subchapter 1, Sections 3500 et seq.), to ensure that:

A.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition, which is readily adaptable for alternative land uses.

B.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

C.

Residual hazards to the public health and safety are eliminated.

17.30A.020 - Definitions.

"Abandon" or "abandonment" means cessation of surface mining operations prior to completion of required reclamation, or to cease surface mining whether or not actual reclamation has commenced, or both. Unless review of an interim management plan is pending before the planning department, or an appeal is pending, a surface mining operation which remains idle for over one year after becoming idle as defined in PRC Section 2727.1, without obtaining approval of an interim management plan shall be considered abandoned.

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located

and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

"Area of statewide significance" means an area designated by the board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

"Compatible land uses" means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing, and open space.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stockpile area of the surface mining operation.

"Idle" means surface mining operations curtailed for a period of one year or more, by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high density residential, low density residential with high unit value, public facilities, geographically limited but impact intensive industrial, and commercial.

"Indigenous plants" means plants occurring naturally in an area, not introduced.

"Mined lands" means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface

mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

"Reclamation plan" means the plan of operations for a surface mine that describes the conduct and operating procedures for the mine during all phases of operation until reclamation has been deemed complete by the lead agency.

"Stream bed skimming" means excavation of sand and gravel from streambed deposits above the mean summer water level or stream bottom, whichever is higher.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, inplace distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same).

17.30A.030 - Incorporation by reference.

The provisions of SMARA (PRC § 2710 et seq.), PRC Section 2207, and state regulations CCR § 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative state provisions, this chapter shall prevail.

17.30A.040 - Applicable zoning districts.

Surface mines shall be allowed in any zoning district with approval of a use permit and reclamation plan, except for the following zoning districts:

Single-family residential (R-1); duplex residential (R-2); multi-family residential (R-3); highway commercial (HC); retail commercial (C-1); general commercial (C-2); and heavy commercial (C-3).

17.30A.050 - Scope.

Except as provided in this chapter, no person shall conduct surface mining operations unless a use permit, reclamation plan, and financial assurances for reclamation have first been approved by the county. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the county, including but not limited to, the application of CEQA, the requirement of other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law. The provisions of this chapter shall apply to all lands within the county, public and private.

This chapter shall not apply to the following activities, subject to the above-referenced exceptions:

A.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

B.

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, § 21000 et seq.).

2.

The county's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

3.

The approved construction project is consistent with the general plan or zoning of the site.

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

C.

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial or commercial uses in the county's general plan.

2.

The plant site is located on lands zoned industrial or commercial, or are contained within a zoning category intended exclusively for industrial activities by the county.

3.

None of the minerals being processed are being extracted onsite.

4.

All reclamation work has been completed pursuant to the approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

D.

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less over the life of the mine.

E.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

F.

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

G.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

H.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with State Mining and Geology Board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post-closure uses in consultation with the department of forestry and fire protection. This exemption does not apply to onsite excavation or grading that occurs within one hundred feet of a Class One watercourse or seventy-five feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

I.

Excavations, grading, or other earthmoving activities in an oil or gas field that are integral to, and necessary for, ongoing operations for the extraction of oil or gas that comply with all of the following conditions:

a.

The operations are being conducted in accordance with Division 3 (commencing with Section 3000) of the State Mining and Geology Board's regulations;

b.

The operations are consistent with the county's general plan or zoning applicable to the site;

c.

The earthmoving activities are within oil or gas field properties under a common owner or operator; and

d.

No excavated materials are sold for commercial purposes.

J.

An exemption under this title does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the county, including but not limited to the application of CEQA (Public Resources Code Section 21000 et seq.), the requirement of use permits, grading permits, or other permits or the imposition of monitoring fees or exactions as may be permitted by law.

K.

Any person desiring a determination of exemption from this chapter may request such a written

determination by submitting a complete written description of the proposed project or activity and its location together with a filing fee to the planning department.

17.30A.060 - Vested rights.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this section. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, he shall obtain county approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining.

In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre- and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

No new vested right operations shall be recognized after January 2001.

All other requirements of state law and this chapter shall apply to vested mining operations.

17.30A.070 - Process.

A.

Applications for a use permit and/or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. Said application shall be filed in accordance with this chapter and procedures established by the planning director.

B.

The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (§ 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director. As many copies of the reclamation plan as may be required by the planning director shall be submitted to the planning department.

C.

As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for use permits for surface mining operations. For surface mining operations that are exempt from a use permit pursuant to this section, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the county at one time.

D.

Applications shall include all required environmental review forms and information prescribed by the planning director and shall be accompanied by aerial photographs. The information shall include a site plan and benchmark elevations. These benchmarks shall be maintained throughout the life of the project. Applications for operations located in areas that may potentially be unstable due to geology, soils, or slope; and applications for operations located in areas with ultramafic soils or soils that may contain naturally occurring asbestos shall submit a geotechnical report that describes possible geological hazards and recommends mitigation to minimize potential impacts from any hazard identified. The geotechnical report shall meet the standards stated in Recommended Procedures for Implementation of DMG Special Publication 117: Guidelines for Analyzing and Mitigating Landslide Hazards in California, published by the American Society of Civil Engineering and Southern California Earthquake Center for slope stability analysis. Asbestos shall be evaluated as required by the Air Resources Board Guidelines.

E.

Upon completion of the environmental review procedure and filing of all documents required by the planning director, consideration of the use permit or reclamation plan for the proposed or existing surface mine shall be completed pursuant to Chapter 17.32 of the Trinity County Zoning Ordinance at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Code.

F.

Within thirty days of acceptance of an application for a use permit for surface mining operations and/or a reclamation plan as complete, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the one hundred-year flood plain of any stream, as shown in zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the

planning department shall also notify the State Department of Transportation that the application has been received. Whenever mining operations are proposed within one mile, upstream or downstream, of any county bridge, the planning department shall also notify the Trinity County Department of Transportation that the application has been received.

G.

The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the county's environmental review guidelines.

H.

Subsequent to the appropriate environmental review, the planning department shall prepare a staff report with recommendations for consideration by the planning commission.

I.

The planning commission shall hold at least one noticed public hearing on the use permit and/or reclamation plan.

J.

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of State law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. The planning commission may conceptually approve the reclamation plan and financial assurance before submittal to the State Department of Conservation. If a use permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously also conceptually approve the use permit. However, the planning commission may defer action on the use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the use permit with the condition that the planning department shall not issue the use permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

K.

Pursuant to PRC § 2774(d), the State Department of Conservation shall be given thirty days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurance. The planning commission shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods.

Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Planning Commission's approval. In particular, when the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted.

L.

Copies of any written comments received and responses prepared by the planning commission shall be promptly forwarded to the operator/applicant.

M.

The planning commission shall then take action to approve, conditionally approve, or deny the use permit and/or reclamation plan, and to approve the financial assurances pursuant to PRC § 2770(d).

N.

The planning department shall forward a copy of each approved use permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1 of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

O.

Reclamation plan and use permit amendments shall be submitted to the planning department for review and approval prior to implementation. Substantial deviations from the approved reclamation plan or use permit, as determined by the planning director, shall require planning commission approval. Minor amendments from the approved reclamation plan may be approved by the planning director. All amendments to reclamation plans shall be forwarded to the department of conservation for comment prior to approval. The department of conservation shall have thirty days to comment on the amendment prior to approval by the planning director or the planning commission. If an amendment is approved, the financial assurances shall be amended accordingly prior to implementation of the reclamation plan or use permit amendment.

17.30A.080 - Standards for reclamation.

A.

All reclamation plans shall comply with the provisions of SMARA (§ 2772 and § 2773) and state regulations (CCR §§ 3500—3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR §§ 3700—3713).

B.

The county may impose additional performance standards as developed either in review of individual projects, as warranted, or through the formulation and adoption of countywide performance standards.

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an

annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

1.

The beginning and expected ending dates for each phase;

2.

All reclamation activities required;

3.

Criteria for measuring completion of specific reclamation activities;

4.

Estimated costs for completion of each phase of reclamation.

D.

Reclamation shall commence within thirty days after operations have ceased in any area which will not be subject to additional mining, or in any section of a mining operation which has become idle, unless an interim reclamation plan has been submitted to the county for review.

17.30A.090 - Statement of responsibility.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record, which is dated to correspond with the change in ownership.

reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record, which is dated to correspond with the change in ownership.

17.30A.100 - Hold harmless agreement.

The mine operator and owner of the property to be mined shall sign an agreement which holds the County of Trinity and the State of California harmless from any and all claims, litigation, and damages, including costs of repair, related to and/or arising from environmental contamination from hazardous materials caused by the mining operations. The form of said document shall be approved by county counsel prior to submittal. The hold harmless agreement shall be submitted to the county prior to commencement of mining operations and shall become part of the permanent record for the mine operation.

17.30A.110 - Findings for approval.

A.

Use Permits. In addition to any findings required by the Trinity County Zoning Ordinance, use permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of state regulations (CCR §§ 3500—3505, and §§ 3700—3713).

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the county's general plan and any applicable resource plan or element.

4.

That the reclamation plan has been reviewed pursuant to CEQA and the county's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the county's position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

8.

That adequate financial assurances exist to implement the reclamation plan and any additional conditions of approval required by the use permit.

17.30A.120 - Conditions of approval.

All conditions of approval shall be incorporated into the operating plan and reclamation plan for the mining operation prior to commencement.

The following conditions shall be incorporated as conditions of approval for use permits for every mining operation:

A.

All mining operations and activities; method of mining and equipment used; and area to be mined shall be those described in the approved final reclamation plan.

The limits of the mine area (described in the reclamation plan, and identified on the aerial map included in the plan) shall be flagged and posted on the site and benchmarks shall be established. The mine operation boundaries and benchmarks shall be maintained throughout the life of the mine for easy identification during operations and annual inspections.

B.

The reclamation plan shall be amended if site conditions, mining operations, or other activities necessitate a re-evaluation of mine operations and reclamation in relation to standards contained in Section 3700 et Seq. (Article 9, Reclamation Standards) of the California Code of Regulations, including any amendments to the standards.

C.

A copy of the approved reclamation plan and all use permit conditions shall be maintained on the mine site during active mining operations.

D.

Operations shall comply with all local, state and federal regulations.

E.

Copies of all required local, state, and federal permits associated with the project, or verification that a permit is not required, shall be submitted to the planning department prior to mining operations. Subsequent updates of permits shall also be supplied to the planning department and shall be maintained as part of the active mine's file.

F.

Materials safety data sheets shall be maintained on site for all hazardous materials. A map showing the location of any hazardous materials storage areas shall also be maintained on site. A copy of this information shall be submitted to the Trinity County Planning Department and the local fire department. Absorbent materials for cleanup of hazardous materials shall be maintained on site at all times. The location of these materials shall be identified on the hazardous materials storage map. Any spillage of hazardous

materials including fuels, lubricants, solvents, etc. shall be immediately contained. Cleaning materials and contaminated materials shall be disposed of according to state regulations.

G.

Fuel storage on the project site shall be in approved fuel storages containers. All fuel storage containers shall have a non-permeable, secondary containment system.

H.

Any other conditions deemed necessary by the planning commission.

17.30A.130 - Financial assurances.

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall require as a condition of approval security which will be released upon satisfactory performance.

The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the county and the State Mining and Geology Board as specified in state regulations, and which the county reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the County of Trinity and the State Department of Conservation.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the planning department for review and approval prior to the operator securing financial assurances. The planning director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the county has reason to determine that additional costs may be incurred. The planning director shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by

surface mining activities, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates shall be prepared by a qualified professional, with experience in preparing financial assurance estimates, retained by the operator and approved by the planning director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the county or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the planning director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

I.

Financial assurances shall include the cost of removal of all structures and equipment associated with the surface mine operation. Salvage value for equipment and structures shall not be used in calculations for financial assurances.

17.30A.140 - Interim management plans.

A.

Within ninety days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the planning department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review, unless the IMP substantially deviates from the approved reclamation plan.

B.

Financial assurances for idle operations shall be maintained as though the operation were active.

C.

Upon receipt of a complete proposed IMP, the planning department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least thirty days prior to approval by the planning commission.

D.

Within sixty days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning director shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The planning director shall approve or deny the revised IMP within sixty days of receipt. If the planning director denies the revised IMP, the operator may appeal that action to the planning commission.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the planning commission may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

17.30A.150 - Annual report requirements.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the county planning department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within thirty days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

17.30A.160 - Inspections.

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 12.14, to determine whether the surface mining operation is in compliance with the approved use permit and/or reclamation plan, approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve months, or other qualified specialists, as selected by the planning director. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

The planning department shall notify the State Department of Conservation within thirty days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

Additional inspections may be performed by the planning department throughout the year. These inspections may be performed at the request of the operator, the planning department, or in response to a written complaint.

17.30A.170 - Violations and penalties.

If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable use permit, any required permit and/or the reclamation plan, the county shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the Trinity County Zoning Ordinance for revocation and/or abandonment of a use permit which are not preempted by SMARA.

17.30A.180 - Fees.

The county shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the state regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the county, at the time of filing of the use permit application, reclamation plan application, and at such other times as are determined by the county to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

Inspection fees shall be due and payable within ninety days of the inspection date. Failure to pay inspection fees shall be grounds for revocation of the use permit, in addition to any other remedies available to the county.

17.30A.190 - Mineral resource protection.

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion

by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the county's general plan.

In accordance with PRC § 2762, the county's general plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within twelve months of receipt from the State Mining and Geology Board of such information.

Land use decisions within the county will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

Chapter 17.30B - PROVISIONS FOR HOME OCCUPATIONS AND COTTAGE INDUSTRY

Sections:

17.30B.010 - Purpose and intent.

The purpose of this chapter is to provide for limited commercial or light manufacturing activity, in conjunction with an existing residential use, when conducted in a manner that will not create nuisances or adversely affect surrounding land uses.

The intent is to provide opportunity for development of low impact commercial uses as home occupations and cottage industries that are necessary to help stimulate a transition and diversification from the traditional timber based economy of Trinity County, with particular emphasis on the most rural portions of the county where economic opportunity is limited. This is achieved by providing residents the ability to utilize their homes as a place of livelihood and for the production or supplementing of personal and family income. Additional benefits include recognition of a significant home industry which exists in the county, and the means to provide commercial services in remote areas where conventional commercial zoning is not available or would not be appropriate.

It is not the intent of this chapter to take precedence over the purpose and development standards of the zoning district in which the home occupation use occurs. Commercial activities that could interfere with the management and utilization of resource lands, or adversely affect the residential character of an area are not supported by this section.

17.30B.020 - Applicability.

This chapter applies when the zoning alone does not support business activity in conjunction with a residence, either directly or an accessory use. For example, this chapter would apply to a proposed home office (lawyer's, realtor's, etc.) in a residential zoning district such as "rural residential" (RR). It would not apply to a commercial use, such as a small retail shop or office, in conjunction with a residence located in a commercial zoning district, or an agricultural business and related home office on property zoned "agriculture" (AG), since in each case the zoning already supports the business activity.

17.30B.030 - Definitions.

Home occupations shall be divided into two categories of uses, minor home occupations and major home occupation-cottage industries. The following definitions for each category are representative of level of activity and potential impact to neighboring uses:

A.

Minor Home Occupation. Limited commercial or light manufacturing activity conducted in conjunction with and accessory to a legal residential dwelling unit, that is inherently unobtrusive and unlikely to alter the character of the neighborhood nor adversely impact surrounding land uses.

1.

Examples of Minor Home Occupations. Minor home occupations typically include uses which involve infrequent or no visits by clients or customers, need infrequent delivery or shipment of goods, and utilize only a small area of the residence to conduct operations. Such occupations could include, but are not necessarily limited to, the following:

a.

Artists and sculptors.

b.

Dressmaking, sewing, tailoring.

c.

Home crafts for sale off-site.

d.

Home office uses including financial services, architectural/drafting/engineering services, data/word processing, billing services, tele-marketing and telephone solicitation.

e.

Individual tutoring and instrument instruction.

f.

Preserving and home cooking for sale off-site, including catering.

g.

State licensed, large and small family day care homes (land use treatment regulated by state law).

h.

Small residential care facility.

B.

Major Home Occupation-Cottage Industry. Limited commercial or light manufacturing activity conducted in conjunction with and accessory to a legal residential dwelling unit, that is larger and/or more intensive in nature than minor home occupations, yet operates subject to standards that reduce or eliminates undesirable affects to surrounding uses.

1.

Examples of Major Home Occupations. Major home occupations include uses which, due to the nature of the investment or operation, include one or more of the following aspects: Require regular visits by clients or customers; need frequent delivery or shipment of goods; conduct regular operations or store materials outside of the residence; have a tendency to create noise, odors, or glare; employ two or more individuals who reside off premises; and, have the potential to rapidly increase in size and intensity. Such occupations could include, but are not necessarily limited to, the following:

a.

Beauty and barber shops.

b.

Commercial firewood operation.

c.

Micro-brewery.

d.

Organized classes with up to six students at one time.

e.

Photography studio.

f.

Small medical, dental, or counseling clinic.

g.

Small engine or appliance repairs.

h.

Upholstering.

i.

Vehicle repair and painting.

j.

Welding and metal fabrication.

k.

Woodworking, including cabinet making.

17.30B.040 - Permit requirements.

A.

Uses Permitted without a Use Permit. Many home occupation uses are allowed as an accessory use of a residence without need of a use permit. These are typically uses that could have little or no effect on the surrounding area. The table provided in the following subsection identifies situations where use permit review is needed for home occupations due to proximity of surrounding homes, the property size, special zoning, and other considerations. Home occupation uses that do not have characteristics identified in the table do not require a use permit (note: General provisions and specific performance standards for home occupations are provided in Sections 17.30B.050 and 17.30B.060, and are applicable whether or not a use permit is required).

B.

Uses That Require a Use Permit. Home occupation uses having characteristics identified in the following table are subject to first securing either a planning director's or planning Commission issued use permit, prior to commencement of business activity, as follows:

17.30B.050 - General provisions.

The following general provisions shall apply to all home occupation and cottage industry uses:

A.

The home occupation activity shall be clearly incidental and secondary to the use of the property as a primary residence.

B.

The home occupation use shall be owned and conducted by at least one individual residing on the property.

C.

The home occupation use shall not adversely affect the residential character of an area, or interfere with the management and utilization of resource lands.

D.

The home occupation use shall comply with any applicable standards and permit requirements of the county building department, health department, and local fire protection authority.

E.

The home occupation use shall not discharge or dispose of any materials, fluids, or gases in a manner which is in violation of any applicable government code.

F.

If conflicts occur between this section and other written provisions of the zoning ordinance, the most restrictive shall apply.

G.

The primary hours of operation for home occupations shall be limited to seven a.m. to eight p.m. Monday through Saturday, and eight a.m. to five p.m. Sundays. No employee or customer traffic, deliveries, noise, or other aspects of the home occupation that are noticeable from neighboring residences are permitted after primary hours, unless other hours are conditioned by use permit.

H.

Sufficient room shall be available on-site to provide automobile parking for customers, clients, and/or employees related to a home occupation use, in addition to that parking required for the residential use on the property. The following parking standards shall apply to all home occupation uses:

1.

One additional parking space shall be provided for each employee who resides off-site from the business.

2.

One additional parking space shall be provided for each five hundred square feet of ground or floor area utilized by customers or clients.

I.

A proposed home occupation use which has characteristics that exceed the specific performance standards provided for minor home occupations (subsection 17.30B.060(A)) shall qualify as a major home occupation and be subject to the specific standards and permit requirements for a major home occupation use.

J.

All home occupation uses shall be subject to the same property line setback standards as provided in Section Chapter 17.30D (Accessory Buildings and Uses) of this title.

K.

The storage and/or maintenance of four or more commercial vehicles (three axles or six thousand + GVW), and/or heavy equipment (ten thousand + GBW) for use in a business conducted primarily off site (logging, construction, well drilling, etc.), shall be subject to the specific standards and permit requirements for a major home occupation use.

L.

Large and small family day care homes, and small residential care facilities, that are licensed by the State Department of Social Services shall qualify as a minor home occupation use (local land use treatment regulated by state law).

17.30B.060 - Specific performance standards.

A.

Minor Home Occupations. The following standards shall apply to minor home occupation uses:

1.

Minor home occupations may be allowed in all zoning districts in conjunction with a dwelling unit that exists legally.

2.

Minor home occupations shall be conducted completely within a residence or permitted accessory structure, excepting outside play areas related to family day care homes.

3.

Minor home occupation uses shall not produce excessive noise or obnoxious odors, vibrations, glare, fumes, or electrical interference detectable to normal human sensory perception outside the structure,

including transmittal through vertical or horizontal party walls.

4.

A minor home occupation or combination of minor home occupations on a single site may include employment of no more than one individual who resides off-site, who reports to the property and is engaged in the related business activity occurring on the site, and receives financial or other compensation for services rendered.

5.

A minor home occupation use or combination of minor home occupations n a single site shall not involve more than two vehicles visiting the site at any one time or exceed an average of six vehicles a week. This provision shall apply to vehicles used by customers, clients, and shipping/delivery services.

6.

Signage shall be limited to one "residential nameplate sign" as provided in Section 30.1 (Sign Standards).

B.

Major Home Occupations. The following standards shall apply to major home occupations/cottage industry uses:

1.

Major home occupation uses shall be allowed only in the "unclassified" (UNC), "rural residential" (RR), "agricultural" (A), and "agricultural forest" (AF) zoning districts on parcels larger than one acre in size, in conjunction with a dwelling unit that exists legally.

2.

Major home occupation uses shall not generate noise which exceeds fifty-five dBA as measured at the property line during allowable hours of operation. Noise originating from the major home occupation shall not be noticeable or exceed thirty-two dBA as measured at the property line after allowable hours of operation.

3.

Major home occupation uses that utilize areas outside a building for storage or to conduct all or part of regular business operations, shall be situated and/or screened by fencing or landscaping, in a manner not to create a visual nuisance to surrounding uses.

4.

A major home occupation use, or combination of such uses on a single property, shall not occupy more than two and one-half percent of the gross lot area, up to a maximum of ten thousand total square feet. Larger area that satisfies the two and one-half percent ration of lot area, but exceeds ten thousand square feet, may be allowed upon issuance of a use permit by the planning commission.

Signage shall be limited to one "appurtenant sign" as provided in Section 30.1 (Sign Standards).

6.

Major home occupation uses may include employment of a maximum of three individuals who reside offsite, who report to the property and are engaged in the related business activity occurring on the site, and receive financial or other compensation for services rendered.

17.30B.070 - Pre-existing uses.

Home occupation uses that existed prior to adoption of this chapter are subject to the provisions of Chapter 17.33 (Nonconforming Uses). The planning director shall use the following criteria to establish if a home occupation qualifies as a legal nonconforming use:

A.

Home occupation uses established on property zoned "unclassified" (UNC) prior to March 6, 1985 shall qualify as legal, pre-existing, nonconforming use.

B.

Home occupation uses that do not qualify for subsection A above, may apply within twelve months of adoption of the ordinance codified in this chapter for a planning director's issued use permit, to qualify for a special pre-existing use status. The use permit shall be issued only if the planning director determines, after notification of surrounding property owners, that the home occupation use does not present a nuisance to surrounding residences and is consistent with the intent of this chapter. The use permit may be conditioned, at the discretion of the planning director, to address the specific needs of the business and/or to reduce or eliminate potential impacts from the business on the surrounding area. At expiration of the twelve-month special pre-existing use status period, home occupation uses that do not qualify for subsection A above shall fully comply with the provisions of this chapter, unless additional time is established by action of the board of supervisors.

Chapter 17.30C - MINIMUM LOT SIZE

Sections:

17.30C.005 - In general.

All newly created lots or parcels must be consistent with the gross acreage/density requirements established by the applied zoning, except under the following circumstances.

17.30C.010 - Substandard size (SHORT) section.

This provision shall apply to the division of land with resource (RE) or agricultural (AG) general plan land use designations, located within a substandard sized (short) section, and zoned with minimum lot densities of 40 acres or greater (AF-160, AF-40, A-40, etc.).

A.

When new parcels will be created by aliquot parts within a substandard size (short) section, the minimum parcel size may be reduced to a ratio that is proportional to the difference between the substandard section and six hundred forty acres (standard section size). However, in no event shall the parcel sizes be less than ninety percent of that required by zoning or thirty-six acres, whichever is more restrictive.

Example: Property with AF-40 zoning within a substandard section of six hundred acres (945 the size of a standard section). A quarter, quarter waiver land division utilizing this provision could result in parcels with minimum sizes of thirty-seven and one-half acres.

17.30C.020 - Topography and/or land feature considerations.

The purpose of this provision is to allow flexibility in subdivision lot size, when appropriate, to accommodate topography and/or other land features that occur on the project site. It shall be clear that this provision cannot be used to create or provide for a subsequent total number of lots greater than that allowed by the applied zoning and general plan density standards. The intent is to provide flexibility for the configuration of parcels generally consistent with existing natural features or roads.

A.

One or more parcels in a proposed subdivision may be smaller than the minimum parcel size required by zoning, if after review by the planning commission, all of the following findings can be made:

Required Findings:

1.

Proposed parcel size(s) is(are) consistent with allowable land uses as provided by the applied zoning and general plan.

2.

Proposed lot size(s) is(are) consistent with health department standards for usable area, water supply source and sewage disposal capability as provided in the Trinity County Subdivision Ordinance.

3.

The proposed subdivision configuration and parcel sizes provide an efficient design with consideration of site topography and other natural features, slope stability, natural resources management, critical wildlife habitats, protection of water quality, location of existing dwellings and facilities, sewage disposal needs, access/road location, and usable area.

4.

The proposed subdivision will not provide for future subdivision potential capable of creating a total number of parcels greater than that permitted by the current zoning and general plan density standards.

Example: Division of a twenty-acre parcel zoned RR-5 acre minimum, and required findings can be met. With lot configuration consistent with the location of an existing county road and a creek, application of this chapter could support creation of not more than four parcels, two smaller than five acres and two larger than five acres (Lot #1 = 3.9 ac., Lot #2 = 4.6 ac., Lot #3 = 5.3 ac., and Lot #4 = 6.2 ac.), with no lot alone having the potential for further subdivision.

17.30C.030 - Protection of a public resource.

The purpose of this provision is to provide economic incentive to a private landowner to maintain important public resources in perpetuity. This section would not be applicable to land divisions where providing for a public resource is required by the Map Act, general plan policies, zoning and/or CEQA review.

A.

An additional parcel, beyond that allowed based on zoning density, may be created when it is protected from private development by conservation easement, appropriate zoning, or through acquisition by a public agency. In addition, proposed lot sizes may be smaller than that required by the applied zoning. The planning commission may approve such requests when the findings in Section 17.30C.020. (above) and the following additional finding can be made:

Required Additional Findings:

1.

The subdivision site contains an important public resource as identified by one or more of the following public entities: Trinity County, California Department of Fish and Game, Bureau of Land Management, USDA Forest Service, US Fish & Wildlife Service, or other legitimate public agency.

B.

For the purpose of this section, only the following items shall qualify as important public resources:

1.

Lands within the corridor of a federally designated Wild and Scenic River that have been identified for public acquisition in the land management plans of the Forest Service or BLM, and which the landowner is willing to trade.

2.

Lands within riparian corridor setbacks of a wetland, river, primary stream or secondary stream as determined formally by the California Department of Fish and Game.

3.

Critical deer winter range and/or migration corridors, and other critical wildlife habitats as determined formally by the California Department of Fish and Game.

4.

Lands adjacent to a threatened or endangered species site where the California Department of Fish and Game has formally determined that the parcel will provide reasonable protection of said species.

5.

Sites of archaeological or cultural significance.

6.

Community wildland (fire) fuel break areas.

7.

Areas identified in the Trinity County General Plan and/or formally designated by resolution of the board of supervisors for:

a.

New state highway or county road route.*

b.

Public pedestrian, equestrian or other recreation trail.*

c.

Firehouse, maintenance yard, or infra-structure facility or site that benefits the general public and not the development specifically.

*Excepting those dedications/improvements required as a condition of map approval.

17.30C.040 - Minor variation from minimum subdivision size.

This provision is intended to allow flexibility for parcel map requests (four or fewer lots) that fall just short of the minimum project and lot size standards as imposed by zoning.

A.

A tentative parcel map proposing a minor variation from minimum lot size, as required by the applicable zoning, may be submitted when the total area of the subdivision is ninety-five percent or more of that required to create two to four lots. The planning commission, after review, may approve the minor variation when the following finding, as well as the findings contained in Section 17.30C.020 (above), can be made:

Required Additional Finding:

1.

The proposed minor variation from strict application of zoning lot density requirements is determined to be consistent with the general plan since creation of the proposed lots will not represent a significant increase in lot density within the neighborhood or surrounding community.

Example: Proposed division of a 9.86 acre parcel zoned RR-5, and required findings can be met. Application of this provision could allow the creation of two parcels, with one or both lots slightly under five acres in size (Lot #1 = 4.9 ac., Lot #2 = 4.96 ac.).

17.30C.050 - Property divided by separate general plan land use designations.

The purpose of this section is to provide flexibility for the division of properties that are divided by two or more general plan land use designations, and a segment is smaller in size than that required by the existing zoning minimum lot size standards.

A.

A property that is divided by two or more general plan land use designations may be subdivided along the designation boundaries, regardless of zoning minimum lot size, if after review by the planning commission, the findings in Section 17.30C.020 (above) can be made.

17.30C.060 - Density bonus.

An increase in permissible density may be provided per the provisions of Government Code Sections 65915 through 65918, as may be amended, should a developer agree to such requirements for provision of extremely low, very low, low, and/or moderate income housing consistent with other applicable development regulation and provided that enforceable commitments are secured to ensure that units continue as affordable housing for target groups.

(Ord. No. 315-806, § 1, 1-28-14)

Chapter 17.30D - ACCESSORY BUILDINGS AND USES

Sections:

17.30D.005 - In general.

All accessory buildings and uses are subject to the following provisions, except where more restrictive requirements are established by other sections of this title.

17.30D.010 - Relationship of accessory use to principal use.

Accessory buildings and uses shall be incidental to and not alter the character of the site from that created by the principal use.

17.30D.020 - Residential use of an accessory building.

It shall be unlawful and a violation of this title for any person to use any garage, barn, stable, or other accessory structure for residential purposes without first obtaining any necessary planning entitlements, and thereafter a building permit, to support a legal conversion of use.

17.30D.030 - Attached accessory building.

Accessory buildings which are attached to the primary use building or dwelling (i.e. garage attached to a house, storage shed attached to the side of a business) are permitted in any zone subject to the following driveway and setback requirements:

A.

Minimum Driveway. Any structure to be utilized for parking or storing vehicles shall be located on a lot so as to provide a minimum of twenty feet of driveway between the structure and any road easement, right-ofway line, or alley.

B.

Setbacks. Attached accessory buildings shall meet the same zone setback standards, if any, required for the main building, except where more restrictive setback standards are established by other sections of this title, the Trinity County Floodplain Ordinance, or by the Trinity County Fire Safe Ordinance.

17.30D.040 - Detached accessory buildings.

Detached accessory buildings (garages, carports, agricultural structures, wood sheds, or other structures) are permitted subject to the following requirements:

A.

Timing of Construction. Accessory buildings, temporary structures, and swimming pools shall be constructed or otherwise established at the same time as, or after the main building or use, except where earlier construction is permitted as follows:

1.

A planning director's issued use permit must be obtained pursuant to Chapter 17.32 of this title prior to constructing an accessory building before the main building, except only those structures listed in subsections (A)(2) and (A)(3) below. The planning director may approve, approve with conditions, or deny such requests.

2.

Agricultural structures, such as barns, agricultural equipment sheds, and similar structures, shall be permitted prior to the main dwelling subject to compliance as specified in other subsections found in this chapter.

3.

Construction of a one-story garage or storage shed not in excess of seven hundred fifty square feet in floor area shall be permitted prior to the main dwelling within the "U," "RR," "A," "AF," and "TPZ" zoning districts.

B.

General Setbacks. Detached accessory buildings shall be subject to the following driveway and setback standards, except where more restrictive standards are established by other sections of this title, the Trinity County Floodplain Ordinance, or by the Trinity County Fire Safe Ordinance.

1.

Minimum Driveway. Any structure to be utilized for parking or storing vehicles shall be located on a lot so as to provide a minimum of twenty feet of driveway between the structure and any road easement, right-ofway line, or alley.

2.

Commercial, Industrial, and Public Facility Zones. Detached accessory buildings and uses located in any commercial, industrial, or public facility zoning district ("C-1," "C-2," "C-3," "H-C," "I," or "PF" districts) shall meet the same zone setback standards, if any, required for the main building.

3.

Other Zones. Detached accessory buildings and uses located in zoning districts other that those noted in subsection (B)(2) shall meet the minimum setbacks provided in the following table:

C.

Maximum Height. The maximum height for a detached accessory structure shall be limited to twenty-five feet, provided that additional height may be permitted upon first securing a planning commission use

permit pursuant to Chapter 17.32 of this title. This provision shall not apply to the heights of agricultural structures which need only comply with the maximum height requirement for the zone in which located.

Chapter 17.30E - APPLICATION PROCESSING REQUIREMENTS

Sections:

17.30E.010 - General description.

A.

All applications for entitlements described in this title shall be in writing and shall be filed in the planning department office upon forms provided by the planning director.

B.

Each application shall be accompanied by appropriate fees, plans, specifications, and other information required by the planning director. The commission or board of supervisors may, by resolution, specify information to be included with applications for particular types of projects.

17.30E.020 - Acceptance of applications.

A.

An application shall be deemed to be accepted as complete when the planning director, or his designee, has determined that all required information has been provided and the application is certified as complete to initiate environmental review.

B.

Any application for any project for which the planning director has determined that there is a categorical exemption pursuant to the California Environmental Quality Act shall be deemed to be certified as complete if, within ten days after the submittal of an application and payment of fees, the planning director has not determined that additional information is necessary and unless the planning director has provided, or has attempted to provide, written notice to the applicant of the requirements for such additional information.

C.

Within thirty days after the submittal of an application and payment of initial filing fees, the planning director shall determine if additional information is necessary and shall provide, or attempt to provide, written notice to the applicant of the requirement for such additional information or shall inform the applicant that the application is complete. Should the planning director not attempt to provide the applicant with notice of incompleteness or completeness of the application, then the application shall be deemed complete.

D.

An application shall not be certified as complete while an appeal of any decision by the commission or planning director related to the project is pending. The time limits established pursuant to subsection B and

C of this section shall be suspended from the date upon which such an appeal is filed to the date eleven working days after a final decision is made on the appeal.

17.30E.030 - Requests for additional information—Withdrawal of application.

A.

If the planning director determines that further information is required, he shall so inform the applicant specifying the information requested.

B.

An applicant shall provide requested information to the planning director within thirty days after such information has been requested unless a different time period has been mutually agreed to between the applicant and the planning director. After an application has been certified as complete, the planning director shall not extend the period beyond the thirty-day period unless the applicant agrees to waive or extend the one-year time limit provided by Government Code Section 65950 for the number of days that the information period is extended beyond thirty days.

C.

Any application shall be deemed withdrawn and all filing fees forfeited if the information requested has not been provided within the time specified in subsection B above; provided, however, that within ten days of such action the applicant may appeal to the commission.

D.

The commission may grant an extension of time if it determines there are unusual circumstances, beyond the control of the applicant, which have precluded timely compliance with the request.

E.

The commission may relieve an applicant from providing information requested by the director if it determines that the information is not necessary or relevant to the decisions to be made and issues to be considered by the county with respect to the project.

F.

If an applicant has provided information responding to a request pursuant to this section and the planning director has not requested further information or determined that information to be unsatisfactory within twenty days after receipt of the information, the application shall be deemed to be certified as complete.

G.

At any time after an application has been certified as complete, the planning director may request further information pursuant to this section based upon any change in the project, any change in the circumstances applicable to the project or if so directed by the commission, board of supervisors, or any other governmental body having jurisdiction by law over the project. The foregoing application withdrawal provisions shall also apply to requests for information pursuant to this section.

17.30E.040 - Decisions—Denial for inadequate information.

A.

Notwithstanding any other provision of this title to the contrary, it shall be the responsibility of the applicant to insure that the decision-making authorities receive all information relevant to their decisions.

If a decision-making authority determines that it lacks sufficient information with respect to any aspect of a project over which it has jurisdiction, such project application shall be denied; provided, however, that the action may be continued if the applicant agrees in writing to provide such information within the specified time and to waive any time limit within which the project application must be acted upon by the county, and to waive any limitations on the county's authority to require additional information.

17.30E.050 - Fees.

A.

Each applicant shall pay in advance an initial filing fee as established in the county fee resolution. The initial filing fee shall include a staff processing charge and, if applicable, planning commission fees. In the event that the actual cost of processing an application exceeds the staff processing component of the initial filing fee, the applicant shall pay an additional fee equal to this excess cost after receipt of written notice from the planning director specifying the additional amount due.

B.

An applicant shall have no right to file an appeal with either the planning commission or the board of supervisors on the issue of the amount or propriety of any fee.

C.

An application shall be deemed withdrawn when an applicant has received written notice that an additional fee is due, and has not paid the full amount of such additional fee prior to noon of the first planning commission or board of supervisors hearing date scheduled for the application following the applicant's receipt of written notice that the additional fee is due.

Chapter 17.31 - VARIANCES

Sections:

A variance is a waiver or modification of some requirement contained in the zoning ordinance. The statutory justification for a variance is that the owner would otherwise suffer unique hardship under general zoning regulations because his or her particular parcel is different from others to which the regulation applies due to size, shape, or topography. Variances may be granted only to authorize a change in development standards which is not otherwise authorized by the zoning regulations.

In considering a variance, the following guidelines shall be observed:

A.

No Special Privilege. A variance cannot be a special privilege extended to one individual property owner. The circumstances must be such that the same variance would be appropriate for any property owner facing similar circumstances.

B.

Use Variance Prohibited. The consideration of "use variances" is specifically prohibited. These are variances which request approval to locate a use in a zone from which it is prohibited by ordinance.

C.

Disservice Not Permitted. A variance must not be injurious to the public welfare, nor to adjacent properties.

D.

Not Adverse to General or Specific Plan. A variance must be in harmony with the general purpose and intent of the zoning ordinance and cannot adversely affect the general plan or specific plans of the county.

E.

RD-1 Overlay Zone. Prior to approval of a variance for property within the RD-1 overlay zone, permission must be granted or deemed not necessary by the Secretary of Agriculture.

A variance may be granted at the discretion of the planning commission, with such conditions as may be necessary to carry out the intent and purpose of this title.

An application for a variance to be considered by the planning commission shall be subject to the following requirements:

A.

Application. The applicant shall submit his or her application on a form provided by the planning director. The planning director shall accept the application as complete pursuant to procedures indicated in Chapter 17.30E of this title.

B.

Fees. Fees are required for any entitlement required by this title unless the board of supervisors waives the fee prior to submittal of an application. The required fees for any such applications not waived shall be governed by the provisions of Chapter 17.30E of this title.

C.

Notice and Hearing. The procedural requirements for any hearing and the contents of the notice required by the provisions of this section shall be governed by the provisions of Chapter 17.34 of this title. At least one

public hearing for a variance shall be conducted before the planning commission.

If an application for a variance has been denied by the planning commission, no new application for substantially the same project or use at the same location shall be resubmitted for a period of one year from the effective date of the final denial of such application, unless approval to file, prior to expiration of the one-year period, has been granted by the planning commission by resolution.

17.31.050 - Time limits imposed on variances.

A.

No Time Limit Unless Stated in Variance. Variances, once utilized, are of indefinite duration unless an expiration date has been specified by the Planning Commission as a condition of approval.

B.

Temporary Variances. Where application is made for a structure which is temporary in nature, the planning commission may condition the variance to expire automatically a stated period of time after granting of the variance.

C.

Expiration for Failure to Utilize a Variance. Any variance granted shall expire at the end of one year unless a building permit or other county permit is obtained within the variance term.

D.

Extension of Time. Upon show of good cause by the applicant, the planning commission may grant an extension of time not to exceed one year. A public hearing shall not be required unless specified by the planning commission. A request for extension of time shall be subject to a filing fee as specified by the board of supervisors.

No building permit or other county permit involving a variance shall be issued until the ten-day appeal period has expired. No building permit or other county permit involving a variance shall be issued while a variance hearing or appeal therefrom is pending.