Chapter 11.11 — NATURAL RESOURCE DISTRICTS

11.11.010. - Purpose.¶

The primary purpose of the natural resource districts is to designate areas suitable for natural resource uses, to prevent the encroachment of incompatible uses into natural resource lands, and to prevent the premature conversion of such lands to non-resource uses. Natural resource uses include, but are not limited to: natural habitat, watersheds, scenic resources, cultural resources, recreational amenities, agricultural lands, forest resources, wetlands, woodlands, and minerals.

(1)

The standards are intended to define and conserve selected natural resources by minimizing adverse impacts to them, thereby protecting the rights of the residents of Yuba County to sustainable use; enjoyment; extraction; and the natural, scenic, historic and aesthetic values of the environment, as set forth in the General Plan.

(2)

Extractive (EX). The purpose of the EX district is to:

a.

Establish appropriate locations for the extraction, processing and distribution of minerals occurring naturally such as sand, gravel, ores and precious metals, and under certain permitted conditions blending said natural materials with imported materials.

b.

Provide for public awareness of the potential for surface mining to occur and reduce potential impacts from non-compatible uses.

c.

Provide a mechanism to allow for support services and uses that are necessary and/or complimentary to the long term sustainability of mining operations.

(3)

Resource preservation and recreation (RPR). This zone district is primarily located within the natural resources areas of the County but is also an allowed zoning designation within rural community districts and the valley

growth boundary consistent with the overall purposes of the RPR designation. The purpose of the RPR district is to:

a.

Preserve land containing natural or potential parkland for passive recreational activities and nonstructural uses.

b.

Identify lake recreation areas and to provide for use of these areas for active public recreation purposes.

c.

Preserve lands whose natural resources are of significant long range social, economic and environmental importance.

d.

Preserve open space and identify high quality plant areas, critical wildlife habitat, and critical watershed lands in the County.

e.

Preserve lands from residential development.

(4)

Timber production (TP). This zone district is primarily located within the natural resources areas of the County but is also an allowed zoning designation within rural community districts consistent with the overall purposes of the TP designation. The purpose of the TP district is to:

a.

Preserve valuable timber resources within the County and to protect both the economic and environmental value of these lands.

b.

Create standards that support the growing and harvesting of timber, pulp woods, and other forestry products for commercial purposes.

c.

Implement the California Timberland Productivity Act of 1982.

d.

Provide a mechanism to allow for support services and uses that are necessary and/or complimentary to the long term sustainability of timber operations.

(Ord. No. 1624)

11.11.020. - Land use regulations.¶

Table 11.11.020 prescribes the land use regulations for natural resource districts. The table also notes additional use regulations that apply to various uses. Section numbers in the right hand column refer to other sections of this Code.

TABLE 11.11.020: LAND USE REGULATION—NATURAL RESOURCE DISTRICTS
Land Use Classifcation	EX	TP	RPR	Additional Regulations
Residential Use Classifcations
Single-Unit Dwelling, Detached	-	P	-
Caretaker Residence	P	P	P	See Section 11.32.080
Employee Housing	A	A	A	See Section 11.32.110
Home Occupation	P(1)	P(1)	P(1)	See Section 11.32.140
Public and semi-public use classifcations
Cemetery	-	-	C
Cultural institutions	-	-	C
Outdoor and large scale cultural institutions	-	-	C
Essential/emergency service facilities	M	M	M
Park and recreation facilities; public (See subclassifcations below)
Passive recreation	P	P	P
Active recreation	-	C	C
Commercial use classifcations
Entertainment and recreation (See subclassifcations below)
Campground	-	M	M	See Section 11.32.070
Hunting/fshing club	M	Z(4)	Z(4)
Incidental hunting and fshing	P	P	P
Outdoor entertainment	-	M(2)	M(2)
Outdoor sports and recreation	-	M(2)	M(2)
Temporary uses and special events				See Section 11.32.310
Lodging (See subclassifcations below)
Agricultural homestays	-	-	C	See Section 11.32.150
Industrial use classifcations
Construction and material yards	P(3)	P(3)	-
General industrial	A(7)	-	-
Intensive industrial	A(7)	-	-
Research and development	A(7)	-	-
Transportation, communications and utilities use classifcations
Agricultural runways and airport facilities	-	M	-
Communications facilities				See Section 11.32.300
Major utilities	C	C	C
Minor utilities	P	P	M
On-site biomass facility	-	P(3)	M(3)

Renewable energy systems (See subclassifcations below)
Personal hydro system	P	P	P
Personal solar energy system	P	P	P	See Section 11.32.270
Large solar generation facility	-	C(3)	-
Small solar generation facility	-	M(3)	M(3)
Personal wind energy system	P	P	P	See Section 11.32.280
Large wind generation facility	-	C(3)	-
Small wind generation facility	-	M(3)	-
Agricultural and extractive use classifcations
Agricultural labor housing	-	P	-	See Section 11.32.040
Grazing (animal raising)	P	P	P
Mining	SMP	-	-	See Section 11.32.290
Resource protection and restoration	P(4)	P(4)	P(4)
Timber production and harvesting	-	P	(5)
Timber processing	-	M	-
Specifc Limitations: 1. Only when there is a pre-existing legally permitted residence or approved caretakers unit. 2. Only those types of entertainment and recreation uses that are compatible with the Natural Resources designation as determined by Zoning Administrator. 3. Only when associated with or will not negatively impact a permitted mining, extraction, timber operation, or other permitted use as determined by Zoning Administrator. 4. Copies of any easements or land development restrictions shall be submitted to the Planning Department. 5. Less than 3 acres requires approval of a Zoning Clearance. Over 3 acres requires approval of an administrative use permit. A fnding must be made that the harvesting of trees is necessary for the health and maintenance of the forest. 6. Single-unit dwellings are allowed as a "compatible use" as defned in Government Code subsection 51104(h) of the Timber Production Act and shall not be used as a mechanism to further subdivide timber lands. 7. General industrial and intensive industrial uses ancillary to a permitted mining operation when a fnding can be made that the use will not be detrimental to adjacent mining operations or is inconsistent with the airport overlay zone.
Key To Permit Requirements
Principally permitted use	P	Conditional use permit required		C
Zoning clearance required	Z	Surface mining permit required		SMP
Administrative use permit required	A	See numbered footnote for additional limitations		(#)
Minor conditional use permit required	M	As outlined in additional regulations section		*
		Use is not allowed		-

(Ord. No. 1624)

11.11.030. - Development Regulations.¶

Table 11.11.030, Development Regulations—Natural Resource Districts, prescribes the development standards for natural resource districts. Additional regulations are denoted in the right-hand column. Section numbers in

this column refer to other sections of this Code. The numbers in the "#" column refer to the numbers in Figure 11.11.030: Development Regulations—Natural Resource Districts.

Figure 11.11.030: Development Regulations—Natural Resource Districts

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TABLE 11.11.030: DEVELOPMENT REGULATIONS—NATURAL RESOURCE DISTRICTS
Standard	EX	TP	RPR	Additional Regulations	#
			40
Lot and density standards
Minimum Lot Area (acres)	80	160(B)	40
Maximum density (units/parcel)	Caretaker and agricultural/workforce housing only
Building form and location standards
Maximum height (ft.)	50			11.19.050 Height exceptions
Minimum setbacks (ft.)
Front	30			11.19.090 Setbacks and yards
Side	Lots less than 1 acre: 25 or 10 percent of lot width, whichever is less, but not less than 5 (A) Lots 1 acre or larger: 30			11.19.090 Setbacks and Yards
Rear	25(A)			11.19.090 Setbacks and yards
Parking and loading				11.25 Parking and Loading

(Ord. No. 1624)

11.11.040. - Supplemental Regulations.¶

(a)

Setbacks. Structures located within a high fire severity zone shall be setback a minimum of 30 feet from all property lines.

(b)

Timberland production district. All lands in the timberland production district are subject to all of the provisions of the California Timberland Productivity Act of 1982 (Government Code § 51000 et seq.) and the following:

(1)

District applicability. The zoning of land in the timberland production district is to be limited to those parcels within the County which:

a.

Meet all of the requirements for inclusion in "List A" as defined in Government Code § 51110;

b.

Meet all of the requirements for inclusion in "List B" as defined in Government Code § 51110.1;

c.

Meet the criteria for parcels of land to be considered for zoning as timberland under the provisions of Government Code § 51113 and this Code; and

d.

Land divisions that result in parcels less than 160 acres in size shall meet the provisions defined in Government Code § 51119.5 and this Code.

(2)

Rezoning. Any rezoning, immediate rezoning or removal from zone of any parcels zoned timberland production shall conform to the requirements of Government Code Title 5, Div. 1, Pt. 1, Ch. 6.7, Arts. 3—5 (Government Code § 51121 et seq.).

(3)

Criteria for timberland production zoning. Pursuant to Government Code § 51113(c) and (d), the criteria for parcels of land to be considered for zoning as timberland under the provisions of Government Code § 51113(c) are as follows:

a.

A map shall be prepared showing the legal description of the Assessor's parcel number of the property desired to be zoned;

A plan for forest management must be prepared or approved as to content, for the property by a registered professional forester. The plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan;

c.

The parcel shall currently meet the timber stocking standards as set forth in Public Resources Code § 4561 and the forest practice rules adopted by the State Board of Forestry and Fire Protection for the district in which the parcel is located, or the owner must sign an agreement with the Board to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland production under Government Code § 51113(a), the failure to meet such stocking standards and forest practice rules within this time period provides the Board with a ground for rezoning of the parcel pursuant to Government Code § 51121.

meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland production under Government Code § 51113(a), the failure to meet such stocking standards and forest practice rules within this time period provides the Board with a ground for rezoning of the parcel pursuant to Government Code § 51121.

Upon the fifth anniversary of the signing of an agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date the agreement was signed. Notwithstanding the provisions of Government Code Title 5, Div. 1, Pt. 1, Ch. 6.7, Art. 4 (Government Code § 51130 et seq.), if the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel which is in conformance with the County General Plan and whose primary use is other than timberland.

d.

The parcel shall be timberland, as defined in Government Code § 51104(f).

e.

The parcel shall be in compliance with the compatible uses established by this Chapter pursuant to Government Code § 51111.

f.

The land area concerned shall be in ownership of one person, as defined in Revenue and Taxation Code § 38106, and shall be comprised of single or contiguous parcels the total acreage of which must be at least 80 acres.

g.

The land shall be of "Site III" Site Quality Class, as said term is defined and used pursuant to said Act. Land shall be deemed to be "Site III" land if the average quality of the land is Site III. "Average," for the purpose of this Subsection, means that for every acre of land which is Site IV or Site V quality there must be at least one acre, respectively, of Site II or Site I land to balance the lesser quality land to create an exact Site III or better numerical average as to quality of acres to be included.

11.11.010. - Purpose.¶

(1)

(2)

a.

b.

c.

(3)

a.

b.

c.

d.

e.

(4)

a.

b.

c.

d.

(Ord. No. 1624)

11.11.020. - Land use regulations.¶

(Ord. No. 1624)

11.11.030. - Development Regulations.¶

11.11.040. - Supplemental Regulations.¶

(a)

(b)

(1)

a.

b.

c.

d.

(2)

(3)

a.

c.

d.

e.

f.

g.

(Ord. No. 1556; Ord. No. 1624)