EL DORADO COUNTY ZONING ORDINANCE TITLE 17 EL DORADO COUNTY CODE Last Revised DECEMBER 2009 TABLE OF CONTENTS
Chapter
Page
I. PLANNED DEVELOPMENTS
17.02
17.04
General Provisions .........................................................................................................1
Procedure .......................................................................................................................3
II. GENERAL LAND USE ZONING
17.06
17.10
17.12
17.13
17.14
17.15
17.16
17.18
17.19
17.20
17.21
17.22
17.23
17.25
General Provisions .........................................................................................................9
Amendments ................................................................................................................19
Enforcement.................................................................................................................21
Right to Farm ...............................................................................................................23
Miscellaneous Development Requirements.................................................................25
Second Residential Units on Single-Family Lots ........................................................59
Signs.............................................................................................................................61
Off-Street Parking and Loading...................................................................................63
Missouri Flat Planning Cost Reimbursement Fee .......................................................79
Nonconforming Uses ...................................................................................................83
Bass Lake Hills Specific Plan Supplemental Tentative Map Submittal
(BLHSP STMS) Fee ....................................................................................................87
Land Use Permit Procedures........................................................................................91
General Provisions .................................................................................................93
Application Filing and Processing.........................................................................93
Permit Approval or Disapproval............................................................................95
Site Plan Review ....................................................................................................98
Administrative Permit............................................................................................99
Minor Use Permit...................................................................................................99
Temporary Use Permit.........................................................................................100
Special Use Permit...............................................................................................100
Variance ...............................................................................................................101
Specific Plan ........................................................................................................102
Temporary Use Permits .............................................................................................105
Flood Damage Prevention Ordinance........................................................................109
El Dorado County Zoning Ordinance
Revised December 2009
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Table of Contents
Chapter
17.26
17.28
17.30
17.32
17.34
17.35
17.36
17.38
17.40
17.42
17.44
17.46
17.48
17.50
17.52
Table of Contents
Page
Unclassified Districts.............................................................U.................................127
Residential Districts...................................................................................................129
One-Family Residential Districts.....................................R1...............................130
One-Acre Residential Districts ........................................R1A ............................132
Limited Multifamily Residential Districts.......................R2...............................134
Multifamily Residential Districts.....................................RM .............................135
Estate Residential Five-Acre Zone Districts....................RE-5 ...........................137
Tourist Residential Districts ............................................RT ..............................140
Single-Family Two-Acre Residential Districts................R2A ............................141
One-Half Acre Residential Districts ................................R-20,000.....................143
Single-Family Three-Acre Residential Districts..............R3A ............................145
Residential Agricultural Districts ..............................................................................149
Residential Agricultural-20 Districts ...............................RA-20.........................150
Residential Agricultural-40 Districts ...............................RA-40.........................151
Residential Agricultural-60 Districts ...............................RA-60.........................153
Residential Agricultural-80 Districts ...............................RA-80.........................154
Residential Agricultural-160 Districts .............................RA-160.......................156
Commercial Districts .................................................................................................159
Commercial Districts .......................................................C.................................160
Professional Office Commercial Districts .......................CPO............................161
Planned Commercial Districts .........................................CP...............................163
General Commercial Districts .........................................CG ..............................164
Industrial Districts..................................................................I ..................................169
Research and Development Zone District .............................R&D...........................171
Agricultural Districts .................................................................................................179
Agricultural Districts .......................................................A.................................180
Exclusive Agricultural Districts.......................................AE ..............................182
Planned Agricultural Districts .........................................PA ..............................185
Select Agricultural Districts.............................................SA-10 .........................188
Agricultural Preserve Districts.........................................AP ..............................191
Airport Safety District ...........................................................AA..............................193
Mobile Home Park Districts ..................................................MP..............................197
Transportation Corridor Districts...........................................TC ..............................201
Timberland Preserve Zone District........................................TPZ ............................203
Mineral Resource Districts ....................................................MR .............................207
Recreational Facilities Zone ..................................................RF...............................211
Planned Development Districts .............................................PD ..............................215
Mobile Homes............................................................................................................217
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El Dorado County Zoning Ordinance
Revised December 2009
Chapter
Page
III. LAKE TAHOE BASIN LAND USE ZONING
17.54
17.56
17.58
17.60
17.62
17.66
Unclassified Districts.................................................................................................219
Residential Districts...................................................................................................221
One-Family Residential Districts.....................................TR1 ............................222
One-Acre Residential Districts ........................................TR1A..........................224
Limited Multifamily Residential Districts.......................TR2 ............................225
Multifamily Residential Districts.....................................TRM...........................226
Tahoe Estate Residential Districts ...................................TRE ............................227
Tourist Residential Districts ............................................TRT ............................228
Single-Family Two-Acre Residential Districts................TR2A..........................229
One-Half Acre Residential Districts ................................TR-20,000 ..................230
Single-Family Three-Acre Residential Districts..............TR3A..........................232
Commercial Districts .................................................................................................235
Commercial Districts .......................................................TC ..............................236
Planned Commercial Districts .........................................TCP ............................237
General Commercial Districts .........................................TCG............................238
Meyers Community Plan Districts...................................MCP ...........................241
Industrial Districts..................................................................TI................................247
Agricultural Districts .................................................................................................249
Tahoe Agricultural Districts ............................................TA ..............................249
Exclusive Agricultural Districts.......................................TAE............................251
Tahoe Mobile Home Park Districts .......................................TMP ...........................253
IV. LAND USE REGULATIONS
17.68
17.70
17.71
17.72
17.73
Open Space District ...............................................................OS ..............................257
Conservation Zoning..................................................................................................261
General Provisions ...............................................................................................261
Conservation Districts......................................................CN ..............................262
Estate Residential Districts ..............................................RE-10 .........................263
Ecological Preserves ..................................................................................................267
Environmental Impact Reports ..................................................................................271
Oak Woodland Conservation.....................................................................................283
El Dorado County Zoning Ordinance
Revised December 2009
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Table of Contents
Chapter
Page
V. DESIGN REVIEW
17.74
Design Review Districts ............................................................................................289
VI. HOUSING
17.80
17.81
Housing Advisory Commission.................................................................................295
Affordable Housing Density Bonus...........................................................................297
VII. DEVELOPMENT AGREEMENTS
17.85
Table of Contents
Development Agreements..........................................................................................309
– iv –
El Dorado County Zoning Ordinance
Revised December 2009
I. PLANNED DEVELOPMENTS
I. PLANNED DEVELOPMENTS
Chapter 17.02
GENERAL PROVISIONS
Sections:
17.02.010
17.02.020
17.02.030
Title.
Purpose.
Definitions.
17.02.010 Title. This article shall be referred to as the planned development ordinance. (Prior code
§9390)
17.02.020 Purpose. The purpose of this article is:
A.
To allow use of modern planning and development techniques, effect more efficient
utilization of land and to allow flexibility of development;
B.
To aid in the reduction of development costs, and to provide for a combination of different
land uses which compliment each other but which may not in all aspects conform to the
existing zoning regulations;
C.
To encourage a more efficient use of public and/or private services;
D.
The location of an acceptable planned development land use does not, nor is intended to,
create further commercial, residential, agricultural or industrial development within the area
surrounding the planned development zone;
E.
It is the intent of this article to regulate condominium conversions as well as condominium
projects as defined in Civil Code Section 783. (Prior code §9390.1)
17.02.030 Definitions. The definition for those terms contained in this section shall apply only to
the provisions of this article:
A.
"Building coverage" means all land within the planned development covered by buildings,
garage building area, carport area and other enclosed areas. All area coverage shall be
computed at ground level.
B.
"Common open space" means a parcel or parcels of land, or of water, or a combination,
within the site designated for a planned development and designated and intended for the use
or enjoyment of all or certain of the owners and/or occupants of the planned development.
Common open space may contain such complementary structures and improvements as are
necessary or desirable and appropriate for the benefit and enjoyment of all or certain of the
owners and/or occupants of the planned development.
C.
"Development plan" means the requirements for development of a planned development,
including but not limited to a plat of subdivision, all covenants relating to use, location and
bulk of buildings and other structures, intensity of use or density of development, streets,
walkways and parking facilities. "Requirements of the plan," when used in these provisions,
means the written and graphic materials referred to in this definition.
El Dorado County Zoning Ordinance
(Revised December 2009)
1
D.
E.
2
"Open space" refers to unimproved land, landscaped areas, improved recreation areas,
recreational buildings and structures totally accessory to recreational uses, and water
surfaces, all within the development. Open space does not include streets, public or private
parking areas, storage areas or covered by any building, garage, carport or other structures
except recreational structures.
"Planned development" (referred to in this article as PD) means an area to be developed as a
single entity, the plan for which may not correspond in lot size, land use, density, lot
coverage and required open space to the regulations established in any one district created,
from time to time, under the provisions of the county zoning ordinance. (Prior code
§9390.2)
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.04
PROCEDURE
Sections:
17.04.005
17.04.010
17.04.015
17.04.030
17.04.060
17.04.070
17.04.080
17.04.090
17.04.100
Approval procedures.
Proposed development plan.
Notice requirements and procedure.
Proposed plan—Hearing.
Relation to other county regulations.
Changes to plan after adoption.
Combination with other zone districts—Combined zones.
Fees.
Allowed uses.
17.04.005 Approval procedures.
A.
An application for a zone change to the PD zone or to create a combined zone with PD shall
be processed under a zone change request application pursuant to Chapter 17.10.
1.
If a preliminary development plan, as described in Section 17.04.010, is filed
concurrently with the application such plan shall be considered as part of the rezone
request. The planning commission and board of supervisors shall consider the
rezone request and development plan on their own merits and may consider approval
of the rezone request without adopting the development plan.
B.
An application for a development plan where the PD or combined zone has been established
shall be considered in the following manner:
1.
The planning commission shall hold a public hearing and shall serve as the
approving authority except as provided in subsection C of this section. At the
conclusion of the hearing the planning commission shall:
a.
Approve, conditionally approve, or deny the development plan as to design,
area, road access, flood and drainage control or any other consideration as
may be required under the provisions of any ordinance or as the commission
deems appropriate.
b.
Make all appropriate findings supporting the decision and notify the applicant
in writing of the decision and findings. In the event of denial the notice shall
specifically enumerate the reasons for denial.
2.
Any decision by the planning commission may be appealed to the board of
supervisors by the applicant or by any person adversely impacted by the decision.
Such an appeal must be filed in writing with the planning department within ten (10)
working days of the planning commission decision on a standardized form and
accompanied by a fee as established by the board of supervisors.
The appellant shall clearly identify on the appeal form the specific reasons for the
appeal. The board of supervisors shall consider on appeal all issues raised by the
appellant. The board of supervisors may consider other relevant issues related to the
El Dorado County Zoning Ordinance
(Revised December 2009)
3
C.
D.
development plan. The clerk of the planning commission shall set a hearing before
the board within thirty (30) days of receipt of a completed appeal form and fee. The
decision of the board of supervisors shall be final.
3.
Any supervisor may administratively appeal the decision of the planning commission
by notifying the clerk of the planning commission within ten (10) working days of
the planning commission’s decision and thereupon set the matter for hearing before
the board of supervisors. The clerk of the planning commission shall set the hearing
before the board within thirty (30) days of receipt of the administrative appeal.
4.
A decision on a development plan is not final until a final determination of an appeal,
if any, has been made pursuant to subdivision 2 of this subsection.
Where a development plan is submitted concurrently with an application for zone change,
the planning commission’s action on the development plan shall be advisory only, and final
action on the development plan shall be made by the board of supervisors after a noticed
public hearing with notice given as provided in section 16.24.085.
No uses shall be permitted on lands zoned PD until a development plan is adopted by the
planning commission or board of supervisors. (Ord. 4152 §2, 1991: Ord. 3806 §2, 1988;
Ord. 4475, 1998)
17.04.010 Proposed development plan. All initial applications for a development plan shall contain
a preliminary development plan which shall include the following:
A.
Location Map.
1.
Building elevations or prospective rendering except for single-family residential
development which may be indicated as typical elevations and a site plan drawn to
scale, showing the location and arrangement of all uses and improvements proposed;
2.
Details of the relationship of the PD to existing adjoining uses;
3.
Tabulation of proposed land uses, the number of dwelling units, acres and population
density for all residential areas, the range of commercial uses, approximate square
footage and type of activity, etc.;
4.
Proposed circulation system, indicating both public and private streets and off-street
parking;
5.
Public uses, if any, including schools, parks, recreational areas and other open
spaces;
6.
An indication of any proposed modification in the regulations applicable to the
subject property;
7.
The expected schedule and sequence of development;
8.
Building coverage ratio;
9.
Open space ratio;
10.
The location of all existing vegetation and topographical features to be retained
together with a preliminary landscape plan;
11.
Preliminary map if the subdivision of property is to occur; and
12.
Proposed schematic of utility services;
13.
Proposed deed restrictions.
B.
The planning division staff shall review the proposed plan and make appropriate comments
and suggested changes in the plan and shall forward the plan with the staff report to the
planning commission for their consideration. (Ord. 3806 §3, 1988: Ord. 3514 §3, 1985:
Ord. 3213 §2(part), 1981: prior code §9390.3(1))
4
(Revised December 2009)
El Dorado County Zoning Ordinance
17.04.015 Notice requirements and procedure.
A.
Action by the planning commission pursuant to Section 17.04.005B1 shall be made after a
public hearing for which notice has been given as follows:
1.
Mailed or delivered at least ten (10) days prior to the hearing to the applicant and all
owners of real property as shown on the latest equalized assessment roll within five
hundred feet (500') of the property which is the subject of the hearing; and
2.
Published once in at least one newspaper of general circulation at least ten (10) days
prior to the hearing.
B.
Action by the board of supervisors on an appeal pursuant to Section 17.04.005B2 or
17.04.005B3b shall be made after a public hearing for which written notice has been mailed
or delivered at least ten (10) days prior to the hearing to the applicant and the appellant(s)
and published once in at least one newspaper of general circulation at least ten (10) days
prior to the hearing.
C.
All hearings conducted pursuant to this chapter shall be public hearings wherein any person
may be heard and any evidence taken which is relevant to the proceedings, provided that, in
the case of appeal hearings testimony and evidence shall be limited to those things relevant
to the specific reasons for the appeal.
D.
In any appeal action brought pursuant to Section 17.04.005B2, the appellant may withdraw
his or her appeal, with prejudice, at any time prior to the commencement of the public
hearing. For the purposes of this section the public hearing shall be deemed commenced
upon the taking of any evidence including reports from planning staff. (Ord. 3806 §4, 1988)
17.04.030 Proposed plan—Hearing.
A.
At the time and place set for the public hearing before the planning commission, the
commission shall consider the proposed development plan, recommendations of the planning
division, the environmental documentation and any other information available, and shall:
1.
Take action on the environmental documentation presented as per the county's
guidelines for the implementation of the California Environmental Quality Act; and
2.
Approve or conditionally approve the proposed development plan;
3.
Refer the proposed development plan back to the project sponsor with
recommendations for modification; or
4.
Deny the proposed development plan.
B.
The planning commission shall not approve or conditionally approve a development plan nor
recommend the establishment of a PD zone unless it makes the following findings:
1.
That the PD zone request is consistent with the general plan;
2.
That the proposed development is so designed to provide a desirable environment
within its own boundaries;
3.
That any exceptions to the standard requirements of the zone regulations are justified
by the design or existing topography;
4.
That the site is physically suited for the proposed uses;
5.
That adequate services are available for the proposed uses, including, but not limited
to, water supply, sewage disposal, roads and utilities;
6.
That the proposed uses do not significantly detract from the natural land and scenic
values of the site. (Ord. 3806 §6, 1988: Ord. 3213 §2(part), 1981: prior code
§9390.3(2)(b))
El Dorado County Zoning Ordinance
(Revised December 2009)
5
17.04.060 Relation to other county regulations.
A.
Compliance with the provisions of this article does not relieve the applicant from compliance
with any other applicable ordinance or resolution of the county.
B.
Subdivision maps, when applicable, shall be processed concurrently with the proposed
development plan required under this chapter.
C.
Environmental documentation shall be prepared in draft form and presented to the planning
department for their independent review and analysis. Sufficient lead time shall be given so
that comments from others may be considered.
D.
No building permit shall be issued for any building, structure or use which does not conform
to the official development plan.
E.
Dedication Prior to Issuance of First Building Permit. To assure that open space will be
available for the entire developed PD zone, public sites and development rights to required
open spaces shall be dedicated or conveyed in advance of development. In any event,
whether a subdivision map is required or not, dedication or conveyance of public sites and
development rights to required open spaces for the entire PD zone or any portion thereof
shall be made before the first building permit is issued. Other dedications or conveyances
may be required before the issuance of the first building permit. (Ord. 3806 §9, 1988: prior
code §9390.4)
17.04.070 Changes to plan after adoption.
A.
Minor changes in the adopted development plan may be approved by the planning
department provided that the changes:
1.
Do not change the boundaries of the subject property;
2.
Do not change any use as shown on the official development plan;
3.
Do not change the intent of the official development plan.
B.
Major changes in the official development plan after it has been adopted by the planning
commission or board of supervisors may be approved by the planning commission and shall
be made in accordance with the requirements of this chapter. A major change in a
development plan approved by the planning commission shall be filed with the board of
supervisors pursuant to Section 17.04.005B3.
C.
Changes in land uses shall be considered by special use permit process and shall be
evaluated by Chapter 17.12 prior to approval. (Ord. 3806 §10, 1988: prior code §9390.5)
17.04.080 Combination with other zone districts—Combined zones. The PD zone (established per
Chapter 17.50) may be used in combination with other zones. In such cases, the land use will be
limited to those listed within the basic zone with which the PD zone is combined. However, all
other provisions of the basic zone shall be superseded by the provisions of the development plan.
(Ord. 3213 §4, 1981: prior code §9390.6)
17.04.090 Fees. Those fees established for processing zone changes, environmental documentation,
preliminary maps, tentative maps and special permits shall apply. (Prior code §9390.7)
17.04.100 Allowed uses.
A.
The following uses are allowed by right:
1.
All uses permitted by the development plan which shall be approved pursuant to the
provisions of Chapters 17.02 and 17.04. Such uses shall be consistent with land uses
established through land use elements of the general plan.
6
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
B.
C.
The permitted uses, when the PD is used in combination with other zones, will be
limited to those listed within the basic zone with which the PD zone is combined.
The following uses are allowed only after obtaining a special use permit therefore from the
county planning commission:
Such uses as may be approved pursuant to an amended development plan as provided for in
Chapters 17.02 and 17.04.
The following requirements shall apply to all PD districts:
1.
Those requirements as contained in the development plan approved by the board of
supervisors;
2.
Parking requirements:
a.
Two spaces per dwelling unit;
b.
Other parking requirements as provided by Chapter 17.18;
3.
Such other requirements as are contained in Chapters 17.14, 17.16, and 17.18. (Ord
3213 §5, 1981: prior code §9390.8)
El Dorado County Zoning Ordinance
(Revised December 2009)
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THIS SPACE INTENTIONALLY LEFT BLANK.
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(Revised December 2009)
El Dorado County Zoning Ordinance
II. GENERAL LAND USE ZONING
II. GENERAL LAND USE ZONING
Chapter 17.06
GENERAL PROVISIONS
Sections:
17.06.010
17.06.020
17.06.030
17.06.040
17.06.050
17.06.060
17.06.070
17.06.080
17.06.090
17.06.100
17.06.120
17.06.130
17.06.140
17.06.150
17.06.160
Title.
General plan adopted.
Zoning plan adopted.
Purpose.
Definitions.
Contents.
Districts—Designated.
Combining districts established.
Districts—Established.
Districts—Boundary determination.
Compliance required.
Lake Tahoe drainage basin districts.
Index map and sectional district maps.
Special setbacks for agricultural protection.
Family day care homes - permitted use.
17.06.010 Title. This article shall be known and cited as the zoning ordinance of the county. (Prior
code §9481)
17.06.020 General plan adopted. The county shall adopt and administer a general plan and all the
requisite elements thereof in compliance with Section 65300 et seq., as amended, of the Government
Code. The fee for amendments shall be as established by resolution of the board of supervisors.
(Ord. 3174 §6, 1981: prior code §9483)
17.06.030 Zoning plan adopted. There is adopted a zoning plan as a precise section of the land use
plan unit of the master plan of the county, said zoning plan being an official plan as provided by law.
(Prior code §9401)
17.06.040 Purpose. The zoning plan is adopted to promote and protect the public health, safety,
peace, morals, comfort, convenience and general welfare. (Prior code §9402)
17.06.050 Definitions. For the purpose of this article, certain terms are defined as follows:
A.
“Accessory building” means a subordinate building, the use of which is incidental to that of
the main building on the same lot.
B.
“Accessory use” means a use incidental and accessory to the principal use of a lot or a
building located on the same lot.
El Dorado County Zoning Ordinance
(Revised December 2009)
9
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
10
“Agricultural enterprise structure” means a structure used in the production, display or sale
of agricultural products and byproducts, edible byproducts, or agriculturally-related
accessory uses permitted in the agricultural zone districts. (Ord. 4573 (part), 2001)
“Agricultural labor housing” means the living accommodations for four or fewer employees
and their immediate families employed for the exclusive purpose of agricultural pursuits on
the premises.
“Agricultural land” means all lands zoned AE, exclusive agricultural, AP, agricultural
preserve, PA, planned agricultural, SA-10, select agricultural, or lands zoned A, agricultural,
or RA, residential agricultural, where the subject parcel or parcels contain(s) at least twenty
acres in the aggregate and which contain horticultural, grazing, or high density livestock
operations as defined in this section. Smaller parcels may qualify under this term if
approved by the board of supervisors with an express finding that such parcel has a commercial agricultural use. (Ord. 4636 §1 (part), 2003: Ord. 4458 §1, 1997)
“Agricultural promotional items” means gift items such as pencils, cookbooks, calendars, Tshirt and other items with the name of the agriculture enterprise or growers association
which is intended to promote the agriculture enterprise, growers association or agriculture
product grown on site. Other items that are directly associated with the agriculture product
grown on the premises, such as apple peelers or wine bottle cork pullers, are permissible.
(Ord. 4573 (part), 2001)
“Airport” or “heliport” means any place where aircraft take off or land, whether on land or
water, but does not include a place where aircraft land and take off in an emergency, and
may, but need not include, sufficient space for the discharging or receiving of cargoes or
passengers or for the making of repairs or refueling.
“Antenna” means any system of wires, poles, rods, reflecting discs or similar devices used
for the transmission and/ or reception of electromagnetic waves when such system is either
external to or attached to the exterior of a building or structure. (Ord. 4589 §2 (part), 2001)
“Bake shop” means a facility for the preparation and consumption of food items in which
agriculture products grown on-site are used as a main ingredient for at least one of the baked
goods baked in the “Bake Shop”. An example would be, apples grown on-site shall be used
to make the apple pies, apple turnovers, and other apple pastries in the “Bake Shop”. This
does not prohibit the “Bake Shop” from making other baked items, such as banana cream
pies, as long as agriculture products grown on-site are used as a main ingredient in one of the
baked goods. Under certain circumstances, such as crop failure, freeze damage or other
disaster (as determined by the Agricultural Commissioner), which makes the on-site grown
agriculture product unavailable, products that are produced in El Dorado County can be
substituted. (Ord. 4573 (part), 2001)
“Bed and Breakfast” means a lodging facility operated by the resident and owner of the
property on which it is located, consisting of not more than five (5) bedrooms. (Ord. 4573
(part), 2001)
“Building” means any structure having a roof supported by columns or by walls, and
designed for the shelter or housing of any person, animal or chattel.
“Building site” means a lot or parcel of land in one ownership and occupied or to be
occupied by a main building and accessory buildings, or by a dwelling group and its
accessory buildings, together with such open spaces as are required by the terms of this
article, and having its principal frontage on a street, road or highway.
“Campground” means any land or premises which is used or intended to be used by one or
more campers for temporary occupancies where individual sewer hookups are not available
to individual campsites. (Ord. 4376, 1995)
(Revised December 2009)
El Dorado County Zoning Ordinance
N.
O.
P.
Q.
R.
S.
T.
“Campsite” means an area within a campground occupied by a person or a group of not more
than ten (10) persons. The number of campsites within a group camping site or area shall be
the total number of persons permitted within the group area divided by ten (10) persons.
(Ord. 4376, 1995)
“Co-locate” means the placement of multiple antennas on a single structure, pole, or tower
by different communication providers. (Ord. 4589 §2 (part), 2001)
“Community care facility” means:
1.
Any facility, place or building which houses more than six people and is maintained
and operated to provide nonmedical residential care, day care or homefinding agency
services for children, adults, or children and adults, including, but not limited to, the
developmentally disabled, physically handicapped, mentally disordered, or
incompetent persons; and
2.
Any facility, place or building which houses more than six (6) juveniles placed
therein by an order of the court pursuant to Welfare and Institutions Code Section
727(a), excepting any such facility, place or building owned and operated by the
county. (Ord. 4334, 1994)
A community care facility may provide incidental medical services. Community care
facilities are broken down into three subcategories as follows:
1.
“Residential facility” means any family home, group home, social rehabilitation
facility or similar facility determined by the director, for twenty-four-hour
nonmedical care to persons in need of personal services, protection, supervision,
assistance, guidance or training essential for sustaining the activities of daily living
or for the protection of the individual.
2.
“Day care center” means any facility which provides nonmedical care to persons in
need of personal services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual on less than a twentyfour-hour basis.
3.
“Homefinding agency” means any individual or organization engaged in finding
homes or other places for placement of persons of any age for temporary or
permanent care or adoption.
“Dining facility” means an establishment where food, other than that produced on the
premises, is prepared and served to the public in an established indoor seating area. (Ord.
4573 (part), 2001)
“Dwelling unit” means a combination of rooms in a single building designed or used for
human living, sleeping, eating and sanitary facilities by a single family and their nonpaying
guests.
“Equipment shelter” means roofed enclosure used to protect ground-based equipment
cabinets at a wireless antenna site. (Ord. 4589 §2 (part), 2001)
“Family” means one or more persons occupying a premises and living as a single
housekeeping unit, as distinguished from a group occupying a hotel, club or roominghouse.
A family shall be deemed to include necessary servants.
1.
“Family day care home” means a home which regularly provides care protection and
supervision of 12 or fewer children in the provider's own home, for periods of less
than 24 hours per day, while the parents or guardians are away, and includes the
following:
a)
“Small family day care home” means a home which provides family day care
to 6 or fewer children within a detached single family dwelling, including in
that total the children under the age of 10 years who reside at the home.
El Dorado County Zoning Ordinance
(Revised December 2009)
11
b)
U.
V.
W.
X.
Y.
Z.
12
“Large family day care home” means a home which provides family day care
to 7 to 12 children located within the primary detached single family
dwelling, including in that total the children under the age of 10 years who
reside at the home. (Ord. 4324, 1994)
“Farm style prepared food-serving facility” means a food-serving establishment used in
conjunction with a ranch marketing operation on lands located within the A, agricultural,
SA-10, select agricultural, PA, planned agricultural, AE, exclusive agricultural, and AP,
agricultural preserve, zoning districts where the primary food item offered for sale is an onsite produced agricultural product. (Ord. 4636 §1 (part), 2003)
“Front yard” means a yard extending across the full width of a building site between any
road easement or road right-of-way and to the nearest line of the building; provided, that if
any official plan line has been established for the street upon which the building site faces,
then the measurement shall be taken from the official plan line to the nearest line of the
building. Further, front yards shall exclude all road easements. Roads established through
prescriptive right of undefined road easements, shall be assumed to have a right-of-way of
twenty-five (25) feet from the existing centerline of the roadway for the purpose of
establishing minimum front yard. (Ord. 4236, 1992)
“Grazing land” means range use for cattle or any other field-type livestock on lands zoned
AE, exclusive agricultural, AP, agricultural preserve, PA, planned agricultural, or lands
zoned A, agricultural, or RA, residential agricultural, when the subject parcel or parcels
contain(s) at least twenty acres in the aggregate and the agricultural commission finds that
said land has historically been used for commercial grazing and is currently capable of
sustaining commercial grazing of livestock; provided, however, that smaller parcels may
qualify under this term if approved by the board of supervisors with an express finding that
such parcel has a commercial agricultural use. It includes federal ownership which is subject
to livestock grazing allotment. (Ord. 4636 §1 (part), 2003: Ord. 4458 §1, 1997)
“Handicrafts” means a product that is made domestically by hand. Handicrafts are normally
sold by the person who made them. Handicrafts do not include items that are mass produced
by others. (Ord. 4573 (part), 2001)
“Health facility” means any facility providing or designed to provide services for the acute,
convalescent, and chronically ill and impaired, including, but not limited to, public health
centers, community mental health centers, facilities for the mentally retarded, nonprofit
community care facilities that provide care habitations, rehabilitation or treatment of
mentally impaired persons and related facilities, such as laboratories, outpatient departments,
extended care, nurses, home and training facilities, office and central service facilities
operated in connection with hospitals, diagnostic or treatment centers, extended care
facilities, nursing homes, and rehabilitation facilities. Except for facilities for the mentally
retarded, “health facility” does not include any institution furnishing primarily domiciliary
(residential) care.
“Height of building” is determined by calculating the average finished grade of each building
wall, and measuring the distance (height) between this average point and the highest point of
the building. If each wall has a different height, then an average of all four walls is
calculated to determine the actual building height. (See Exhibit A.) To calculate side yard
setbacks based on building height, only the wall facing the side yard shall be measured.
Further, the high point of the building is considered to be the highest point within ten feet of
the wall being measured. (See Exhibit A.) (Ord 4236, 1992)
(Revised December 2009)
El Dorado County Zoning Ordinance
El Dorado County Zoning Ordinance
(Revised December 2009)
13
AA.
BB.
CC.
DD.
EE.
FF.
GG.
14
“High-density livestock” means commercial feedlots, stockyards, corrals, or other enclosure
for large or small livestock including cattle, horses, swine, turkeys, chickens, ostriches or
emus when the subject parcel or parcels contain(s) at least ten acres in the aggregate;
provided, however, that smaller parcels may qualify under this term if approved by the board
of supervisors with an express finding that such parcel has a commercial agricultural use.
(Ord. 4458 §1, 1997)
"Horticulture" means vineyards, orchards, Christmas trees or other recognized horticultural
crops without timber mixed within it when zoned AE, exclusive agricultural, AP, agricultural
preserve, PA, planned agricultural, SA-10, select agricultural, or when the subject parcel or
parcels contain(s) at least twenty acres in the aggregate; provided, however, that smaller
parcels may qualify under this term if approved by the board of supervisors with an express
finding that such parcel has a commercial agricultural use. It includes nurseries within
subject parcel or parcels containing at least ten acres in the aggregate; provided, however,
that smaller parcels may qualify under this term if approved by the board of supervisors with
an express finding that such parcel has a commercial agricultural use. (Ord. 4636 §1 (part),
2003: Ord. 4458 §1, 1997)
“Independent Day Care Facility” means a facility, place or building which houses more than
six people and is maintained and operated to provide non-medical day care services for
children and/or adults which is not affiliated with an office, industrial or R&D use.”
(Ord. 4603, §2, 2002)
“Junkyard” means the use of more than two hundred square feet of the area of any building
site or the use of any portion of that half of any lot, which half adjoins any street, for the
storage of junk, including scrap metals or other scrap materials or for the dismantling or
wrecking of automobiles or other vehicles or machinery whether for sale or storage.
“Main building” means any building in which is conducted the principal use of the lot on
which it is situated. In any R1 district, any dwelling shall be deemed to be a main building
on the lot on which it is situated.
“Monopole” means a structure of a single pole (non-lattice) design and erected on the ground
to support telecommunications antennas and connection appurtenances. (Ord. 4589 §2
(part), 2001)
“Noncompatible uses” means those uses of land which are apt to conflict with agricultural
uses due to sprays, dust, noise, equipment or products escaping the agricultural property in a
manner which threatens the health, safety or welfare of adjacent occupants or land uses. It
also means those uses which are apt to cause conflict and threaten the loss of viability of
agricultural use due to trespass, vandalism, theft, complaint, and dog-related problems. It includes but is not limited to:
1.
Residential structures;
2.
Nursing homes;
3.
Public schools;
4.
Playgrounds;
5.
Swimming pools;
6.
Ponds; and
7.
Churches.
(Ord. 4458 §1, 1997)
(Revised December 2009)
El Dorado County Zoning Ordinance
HH.
“Panel antenna” means flat, conical or round surface receiving and/or transmitting device
typically covering one of three 120-degree sectors, and used to concentrate a radio signal into
or from that sector. (Ord. 4589 §2 (part), 2001)
II.
“Prepared food stand” means a facility for serving prepared food for consumption on the
premises where indoor seating and dining facilities do not exist. In determining whether a
facility is a dining facility or a prepared food stand, the Planning Director shall consider the
hours and scale of operation, type of food sold, and any other applicable criteria. (Ord. 4573
(part), 2001)
JJ.
“Radio frequency (RF)” means of, or pertaining to, any frequency within the electromagnetic
spectrum normally associated with radio wave propagation. Cellular and Personal
Communications Services (PCS) wireless networks operate in the 824-894 Megahertz range
and the 1850-1990 Megahertz range, respectively. (Ord. 4589 §2 (part), 2001)
KK. “Ranch marketing operation” means those commercial activities including packing and
processing of agricultural products and edible byproducts produced on the premises located
wqithin the A, agricultural, SA-10, select agricultural, PA, planned agricultural, AE,
exclusive agricultural, and AP, agricultural preserve, zoning districts. (Ord. 4636 §1 (part),
2003)
LL.
“Ranch style lodging” means a building or rooms within a building which are rented for
sleeping purposes and where meals are provided to the renters at a common dining facility
associated with a ranch marketing operation on lands located within the A, agricultural, SA10, select agricultural, PA, planned agricultural, AE, exclusive agricultural, and AP,
agricultural preserve, zoning districts. (Ord. 4636 §1 (part), 2003)
MM. “Rear yard” means a yard extending across the full width of the building site and measured
between the rear line of the building site and the nearest line of the main building.
NN. “Rental unit” means sleeping accommodations having access to a toilet and the exterior of
the building without passing through any other rental unit designed or used for the lodging of
guests for compensation.
OO. “Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer,
with or without motive power, originally designed for human habitation for recreational or
emergency occupancy with a living area of 320 square feet or less and bearing the state or
federal insignia of approval for recreational vehicles. (Ord. 4376, 1995)
PP.
“Recreational vehicle park” means land or premises under one ownership where one or more
lots, spaces, or campsites are used or intended to be used by one or more campers utilizing
recreational vehicles or tents, and where such lots, spaces, or campsites may be provided
with water, sewer, and electrical hookups. (Ord. 4376, 1995)
QQ. “Shall” is mandatory and not directory.
RR. “Side yard” means a yard between the side line of the building site and the nearest line of the
building and extending from the front line of the building site to the rear yard.
SS.
“Special events” means events such as weddings, parties, company picnics, birthdays,
reunions, or other social gatherings where the owner of the property is compensated for the
use of the site and facilities. (Ord. 4573 (part), 2001)
TT.
“Timberland” means all lands zoned TPZ, timberland preserve zone or other lands which are
both within areas designated Natural Resource and site III or better as defined in the
California Forestry Handbook. It includes federal ownership managed by the United States
Forest Service or BLM. It includes lands producing Christmas trees if mixed with timber.
As defined, “timberland” includes a parcel or parcels containing at least forty acres in the
aggregate. (Ord. 4458 §1, 1997)
El Dorado County Zoning Ordinance
(Revised December 2009)
15
UU.
“Tower, Communications” means a freestanding lattice work structure, pole, monopole, or
guyed tower used to support antennae. (Ord. 4589 §2 (part), 2001)
VV. “Use” means the purpose for which land or premises or a building thereon is designed,
arranged or intended or for which it is or may be occupied or maintained.
WW. “Yard” means that portion of the lot or parcel which is unobstructed by building or structure
from the ground to the sky, except by encroachments permitted in this ordinance.
(Ord. 4236, 1992)
17.06.060 Contents. The zoning plan consists of the establishment of various districts within the
unincorporated territory of the county within various of which it shall be lawful and within various
of which it shall be unlawful to erect, construct, alter or maintain certain buildings or to carry on
certain trades or occupations or to conduct certain uses of land and/or buildings and/or within which
the height and bulk of future buildings shall be limited and/or within which certain open spaces shall
be required about future buildings and consisting further of appropriate regulations to be enforced in
such districts, all as set forth in this article. (Prior code §9403)
17.06.070 Districts—Designated. The several districts into which the county is divided are
designated as follows:
1.
A districts, agricultural districts;
2.
RE districts, estate residential districts;
3.
R1 districts, one-family residential districts;
4.
R2 districts, limited multifamily residential districts;
5.
RM districts, multifamily residential districts;
6.
RT districts, tourist residential districts;
7.
CP districts, planned commercial districts;
8.
C districts, commercial districts;
9.
I districts, industrial districts;
10.
U districts, unclassified districts;
11.
AE districts, exclusive agricultural districts;
12.
R1A districts, one-acre residential districts;
13.
CG districts, general commercial districts;
14.
R2A districts, single-family two-acre residential districts;
15.
R20,000 districts, one-half acre residential districts;
16.
MP districts, mobile home park districts;
17.
AA districts, airport approach districts;
18.
R3A districts, single-family three-acre residential districts;
19.
RA-20 districts, residential agricultural-20 districts;
20.
RA-40 districts, residential agricultural-40 districts;
21.
RA-60 districts, residential agricultural-60 districts;
22.
RA-80 districts, residential agricultural-80 districts;
23.
RA-160 districts, residential agricultural-160 districts;
24.
O.S. districts, open space zoning;
25.
Cons. districts, estate residential districts;
26.
RE-10 districts, estate residential districts;
27.
PA districts, planned agricultural districts;
28.
CPO districts, professional office commercial districts, Greenwood planning area, Gold Hill
planning area;
29.
RF districts, recreational facilities zone;
16
(Revised December 2009)
El Dorado County Zoning Ordinance
30.
31.
32.
33.
34.
TP districts, timberland preserve zone;
TC districts, transportation corridor zone;
R1-M districts, combined residential and mobile home zone;
PD districts, planned development districts zone;
MR districts, mineral resource districts zone. (Ord. 3174 §3, 1981: prior code §9404(a))
17.06.080 Combining districts established. In addition to the districts established in Section
17.06.070, certain combining regulations are established as set forth in this article, said combining
regulations being as follows:
A.
B Districts. The following regulations shall be applied in lieu of building site area and yard
requirements specified in this article for the district which is combined with a B district.
Building site area and front yard required as indicated on the sectional district map indicating
a combined district; side yard required shall be ten percent of the lot width by not over
twenty-five feet. (Prior code §9404(b))
17.06.090 Districts—Established. The districts indicated in Sections 17.06.070 and 17.06.080 are
established and the designations, locations and boundaries thereof are set forth and indicated in
Section 17.06.140; provided, that all the unincorporated portions of the county not included or
indicated on the sectional district maps are designated and classified as U districts. The maps constituting Section 17.06.140 and all notations, references and data thereon are made a part of this article.
(Prior code §9404(c))
17.06.100 Districts—Boundary determination. When uncertainty exists as to the boundaries of any
of the districts as described in this chapter or as shown on the sectional district maps, the board of
supervisors, upon written application or upon its own motion, shall determine the boundaries of the
districts. (Prior code §9404(d))
17.06.120 Compliance required. In districts indicated on sectional district maps adopted as part of
this article, no building shall be erected and no existing building shall be moved, altered, added to or
enlarged, nor shall any land or building be used or designed to be used for any purpose or in any
manner, nor shall any yard or other open space surrounding any building be encroached upon or reduced except as permitted by and in conformity to the regulations specified in this article for the
district in which the building or yard or other open space is located. No building shall be erected,
reconstructed or structurally altered to exceed the height limit designated in this article for the
district in which the building is located. No yard or open space provided about any building for the
purpose of complying with the provisions of this article shall be considered as providing a yard or
open space for any other building or any other lot. (Prior code §9404(f))
17.06.130 Lake Tahoe drainage basin districts. All zoning districts lying within the Lake Tahoe
drainage basin shall carry the prefix "T" in addition to the designations as provided in Section
17.06.070. (Prior code §9404(g))
17.06.140 Index map and sectional district maps.
A.
The planning department shall establish and maintain an official index map to sectional
district maps. The maps shall be made available to the public at the planning department and
shall be made a part of this article by reference.
El Dorado County Zoning Ordinance
(Revised December 2009)
17
B.
Changes in each of the zoning districts of the unincorporated portion of the county may be
changed by ordinance of the board of supervisors according to criteria established within this
article. The changes shall be incorporated into official county index maps and sectional
district maps and shall be made a part of this article by reference. (Ord. 3182 §1, 1981: Ord.
3174 §5, 1981: prior code §9405)
17.06.150 Special setbacks for agricultural protection.
A.
Notwithstanding any other provision, where agricultural and timber uses abut noncompatible
uses as defined in Section 17.06.050, the following setbacks shall apply:
Parcels Created Subsequent to August 11, 1983
Use
Parcels in Existence as of
August 11, 1983
Abutting Agricultural Land Located in
Agricultural Districts or Timberland in
Natural Resource Districts
Abutting Agricultural Land
or Timberland Located in
Rural Regions
Timberland
No special setback if 10 acres or less
200 feet
200 feet
200 feet is greater than 10 acres
50 feet if subject parcel located in
Community Region or Rural Center
100 feet if 5 to 20 acres
200 feet
200 feet if 10 acres or larger
200 feet if greater than 20 acres
50 feet if subject parcel located in
Community Region or Rural Center
None if less than 10 acres
200 feet
200 feet if 10 acres or larger
50 feet if subject parcel located in
Community Region or Rural Center
None if less than 10 acres
50 feet if less than 5 acres
200 feet
200 feet if 10 acres or larger
100 feet if greater than 5 acres
50 feet if subject parcel located in
Community Region or Rural Center
None if less than 10 acres
Horticulture
No special setback if less than 5 acres
Grazing Land
High-density
Livestock
None
200 feet if greater than 10 acres
Measurement. The setback shall be measured from the property line of the abutting
noncompatible use.
B.
C.
New Agricultural Zoning. Where new timberland or agricultural land is created subsequent
to the adoption of this ordinance outside of agricultural districts designated in the general
plan the special setbacks established in subsection A shall not apply except on parcels
subdivided after the establishment of the agricultural or timber zoning.
Administrative Relief. The County shall adopt by resolution of the Board of Supervisors
criteria for providing administrative relief from the setback requirements established in
subsection A.
(Ord. 4458 §1, 1997)
17.060.160 Family day care homes - permitted use. Family day care homes are considered to be a
permitted accessory use in all zone districts which list single-family dwellings as a permitted use.
As such, family day care homes must meet the same development standards applicable to a single
family dwelling within the zone district in which it is located. (Ord. 4324, 1994)
18
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.10
AMENDMENTS
Sections:
17.10.010
17.10.020
17.10.030
17.10.040
17.10.050
Initiation.
Commission hearing.
Report of commission findings.
Board hearing.
Reconsideration time limit.
17.10.010 Initiation. This article may be amended by changing the boundaries of districts or by
changing any other provision thereof whenever the public necessity and convenience and the general
welfare require the amendment by following the procedure of this section. The amendment may be
initiated by:
A.
The verified petition of one or more owners of property affected by the proposed
amendment, which petition shall be filed with the planning commission and shall be
accompanied by a fee established by resolution of the board of supervisors, no part of which
shall be returnable to the petitioner;
B.
Resolution of intention of the board of supervisors;
C.
Resolution of intention of the planning commission. (Prior code §9470(a))
17.10.020 Commission hearing. Following the filing of a verified petition as provided for in
subsection A of Section 17.10.010, the executive secretary of the planning commission shall
designate the time and place of the public hearing on the petition as may be required by law, and
shall give notice of the hearing as required by law. The failure of any property owner to receive
such notice shall not invalidate the proceedings. (Ord. 3806 §13, 1988: prior code §9470(b))
17.10.030 Report of commission findings. Following the hearings set forth in Section 17.10.020 the
planning commission shall make a report of its findings and recommendations with respect to the
proposed amendment and shall file with the board of supervisors an attested copy of the report.
(Ord. 3806 §14, 1988: prior code §9470(c))
17.10.040 Board hearing.
A.
Upon receipt of the report from the planning commission, the clerk of the board of
supervisors shall set the matter for public hearing after notice thereof and of the proposed
amendment, given as provided by law, and in addition thereto shall give notice of the time
and place of the hearing by mail to all property owners within five hundred feet of the
property proposed to be rezoned. The notice shall state the location and present zoning of
the property and the nature of the proposed amendment. The notice shall be mailed at least
ten days prior to the date of the hearing. The failure of any property owner to receive the
notice shall not invalidate the proceedings.
El Dorado County Zoning Ordinance
(Revised December 2009)
19
After the conclusion of the hearing, the board of supervisors may adopt the amendment or
any part thereof as approved by the planning commission or take any other action it deems
appropriate and consistent with the general plan. (Ord. 3806 §15, 1988: prior code
§9470(d))
17.10.050 Reconsideration time limit. No petition for amendment to zone boundaries shall be
reconsidered and no new application shall be considered by the planning commission which has
been previously considered by the planning commission or board of supervisors within one year of
the date of final decision. This requirement may be waived by the planning director when the
director finds that there has been a substantial change in circumstances under consideration in the
original petition. (Ord. 3806 §16, 1988: prior code §9470(e))
20
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.12
ENFORCEMENT
Sections:
17.12.010
17.12.020
17.12.030
17.12.040
17.12.050
Conformance by county officials.
Administration and enforcement.
Penalty for violation.
Abatement of nuisance.
Remedies cumulative.
17.12.010 Conformance by county officials. All departments, officials and public employees of the
county which are vested with the duty or authority to issue permits or licenses shall conform to the
provisions of this article and all other zoning laws and ordinances and shall issue no permit or
license for uses, buildings, or purposes where they would be in conflict with the provisions of this
article or such zoning laws or ordinances shall be null and void. (Prior code §9475(a))
17.12.020 Administration and enforcement. It shall be the duty of the planning commission and the
planning director or his designee, except as set forth below, to administer the provisions of this
article and all zoning laws and ordinances. It shall be the duty of the sheriff of the county and of the
officers of the county in this chapter and/or otherwise charged by law with the enforcement of
ordinances of the county to enforce this article and all zoning laws and ordinances and all the
provisions thereof. (Prior code §9475(b))
A.
Primary enforcement of the provisions of Title 17 of the ordinance relating to ranch
Marketing, Wineries and Christmas tree ordinance and agricultural and TPZ zoning requirements
shall be performed by the County Agricultural Commissioner, or his/her designee from the
Department of Agriculture, Weights and Measures. These enforcement duties shall not include the
administrative processing or approval of any special or land use permits, ministerial or discretionary,
that may be required by these ordinances code title unless other specified.
1.
The County Agricultural commissioner, whenever necessary, may enter and
make an inspection of any premises, plant, conveyance, orchard, vineyard or thing in his/her
jurisdiction during normal hours of operation to inspect such business for compliance with the Ranch
Marketing, Wineries and Christmas Tree ordinance and zoning requirements.
2.
The County Agricultural Commissioner is authorized to issue stop orders or
cease and desist orders involving violations of the Ranch Marketing (Section 17.14.180), Wineries
(Section 17.14.190) and Christmas Tree (Section 17.14.200) ordinance and zoning requirements, and
such stop orders or cease and desist orders shall remain in effect until such violations have been
resolved.
El Dorado County Zoning Ordinance
(Revised December 2009)
21
3.
The County Agricultural Commissioner, following a recommendation by the
Agricultural Commission, is authorized to issue a certificate of compliance as it relates to nonconforming use (Section 17.20.020) with the Ranch Marketing (Section 17.14.180), Wineries
(Section 17.14.190) and Christmas Tree (Section 17.14.200) ordinance and agricultural zoning
requirements. (Ord. 4624, 3-25-2003)
17.12.030 Penalty for violation. Any person, firm, partnership, association, corporation, or other
entity whether as principal, agent, employee or otherwise, violating any of the provisions of this
article or any zoning law or ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county
jail for a term not exceeding six months or by both such fine and imprisonment. Such person, firm,
partnership, association, corporation or other entity shall be deemed to be guilty of a separate offense
for each and every day during any portion of which any violation of this article or any zoning law or
ordinance is committed, continued or permitted by such person, firm or corporation, and shall be
punishable as provided in this section. At the discretion of the community development department,
or the district attorney, the violation may be reduced to an infraction with a maximum fine of five
hundred dollars. (Ord. 3831 §13, 1988)
17.12.040 Abatement of nuisance. Any building or structure set up, erected, constructed, altered,
enlarged, converted, moved or maintained contrary to the provisions of this article and/or any use of
any land, building or premises conducted, operated or maintained contrary to the provisions of this
article shall be and is declared to be unlawful and a public nuisance, and the district attorney of the
county shall, upon order of the board of supervisors, immediately commence action or proceedings
for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take
such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief
as will abate and remove the building or structure and restrain and enjoin any person, firm or
corporation from setting up, erecting, building, maintaining or using any such building or structure
or using any property contrary to the provisions of this article. (Prior code §9475(d))
17.12.050 Remedies cumulative. The remedies provided for in this chapter shall be cumulative and
not exclusive. (Prior code §9475(e))
22
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.13
RIGHT TO FARM
Sections:
17.13.010
17.13.020
17.13.030
17.13.040
17.13.050
Purpose.
Definitions.
Nuisance.
Role of agricultural commission.
Disclosure Notice
17.13.010 Purpose. It is the declared policy of the county to conserve and protect agricultural land
and to encourage agricultural operations within the county. Where nonagricultural land uses,
including but not limited to residential development, extend into or adjoin areas of agricultural land,
agricultural operations have become the subject of nuisance complaints. As a result, agricultural operations are sometimes forced to curtail or cease operations, and operators are discouraged from
making investments in farm improvements to the detriment of the economic viability of the county's
agricultural industry as a whole. It is the purpose and intent of this chapter to reduce the loss to the
county of its agricultural resources by limiting circumstances under which agricultural operations
may be considered a nuisance. This chapter is not to be construed as in any way modifying or
abridging state law relative to nuisances, but is to be utilized in the interpretation and enforcement of
the provisions of this code and other applicable county regulations. (Ord. 3990 §1(part), 1988)
17.13.020 Definitions. When used in this chapter:
A.
"Agricultural land" means those lands of the county which are zoned as A (agriculture), AE
(exclusive agriculture), AP (agricultural preserve), PA (planned agriculture), SA (select
agriculture), RA-20, RA-40, RA-60, RA-80, RA-160 (residential agriculture), and TPZ
(timberland preservation zone).
B.
"Agricultural operations" means activities relating to agricultural use including, but not
limited to, the cultivation and tillage of the soil, the burning of agricultural waste products or
other agricultural burning, protection of crops and livestock from insects, pests, diseases,
birds, predators or other pests damaging or could potentially damage crops, the proper and
lawful use of agricultural chemicals, including but not limited to the application of pesticides
and fertilizers, or the raising, production, irrigation, pruning, harvesting, or processing of an
agricultural commodity, including any type of crop or livestock, and any forestry
improvements and timber harvesting and processing. (Ord. 4663 §1 (part), 2005: Ord. 4636
§2, 2003: Ord. 3990 §1(part), 1988)
El Dorado County Zoning Ordinance
(Revised December 2009)
23
17.13.030 Nuisance. No present or future agricultural operation or any of its appurtenances
conducted or maintained for commercial purposes and in a manner consistent with proper and
accepted customs and standards of the agricultural industry on agricultural land shall become or be a
nuisance, private or public, due to any changed condition of the use of adjacent land in or about the
locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance
results from the negligent or improper operation of any such agricultural operation and its
appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the
customary manner of any navigable lake, stream, river, canal or basin or any public park, square,
street or highway. (Ord. 3990 §1(part), 1988)
17.13.040 Role of agricultural commission. An interested party may submit a written request to the
agricultural commission for an opinion as to whether a particular agricultural operation constitutes a
nuisance. In the event a dispute arises between an owner of an agricultural operation and a resident
(or residents) in or about the locality thereof as to whether a particular agricultural operation
constitutes a nuisance, an interested party may submit a written request to issue an advisory opinion
or mediate a dispute. The agricultural commissioner may promulgate such regulations as are
necessary for the implementation of this section. The farm advisor from the University of California
Cooperative Extension Service, El Dorado County, may serve as technical advisor to the agricultural
commission. (Ord. 3990 §1(part), 1988)
17.13.050 Disclosure Notice. Every seller of any real property in the unincorporated areas of the
County of El Dorado, either directly or through his/her authorized agent, shall provide to any
prospective buyer a written disclosure statement advising the buyer of the existence of a Right to
Farm Ordinance enacted by the County of El Dorado. Such disclosure statement shall contain or be
accompanied by a copy of the county’s Right to Farm Ordinance, El Dorado County Ordinance
Code Chapter 17.13 or successor, and the brochure provided by the county entitled “Agricultural
Land Use in El Dorado County. The disclosure statement shall be substantially in the form
promulgated by the county’s Agricultural Commissioner, or his designee. The written disclosure
statement shall include any agricultural setback requirements applicable to the property. The written
disclosure statement also shall include a statement that intensive agricultural activities may be
conducted on agricultural land within the county. The buyer shall sign a copy of the written
disclosure statement acknowledging receipt of the disclosure and accompanying documents and
deliver the signed copy to the seller or his/her authorized agent. The seller or his/her authorized
agent shall retain the copy of the disclosure statement executed by buyer in the escrow process.
(Ord. 4663 §1 (part), 2005)
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(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.14
MISCELLANEOUS DEVELOPMENT REQUIREMENTS
Sections:
I.
GENERALLY
17.14.010
17.14.020
17.14.030
17.14.040
17.14.050
17.14.060
17.14.070
17.14.080
17.14.085
17.14.090
17.14.095
17.14.100
17.14.110
17.14.120
17.14.130
17.14.140
17.14.150
17.14.160
17.14.170
17.14.180
17.14.190
17.14.200
17.14.210
17.14.220
17.14.230
Future right-of-way line use.
Front setback reduction for slope.
Setback variation for private garage.
Setback along developed roads.
Encroachment into required yards.
Stables.
Public utility distribution, transmission lines and/or facilities.
Leasing motorcycles.
Lot line adjustments.
Interior lot lines.
Mineral resource development.
Waste water treatment plans.
Parcel size exception—Parcels conveyed to government agency.
Parcel size exception.
Architectural supervision.
Zoning permits.
Height limits and exceptions.
Recycling collection facilities.
Outdoor lighting
Cellular communications facilities.
Ranch marketing.
Wineries.
Communication facilities, wireless.
Bed and breakfast inns.
Mixed-use development.
I. GENERALLY
17.14.010 Future right-of-way line use. Where the board of supervisors has adopted an official map
establishing the future right-of-way of a street or highway, the minimum yard or building setback
line shall be measured from the future right-of-way line. (Prior code §9430(b))
17.14.020 Front setback reduction for slope. Where the average slope of the front half of any
building site is over one foot rise or drop in four feet, the required distance between the main
El Dorado County Zoning Ordinance
(Revised December 2009)
25
building and the property line at the highway or county road may be reduced by fifty percent. (Prior
code §9430(c))
17.14.030 Setback variation for private garage. Where the elevation at the required building line is
more than six feet above or below the street elevation at the edge of the roadway, the required
distance between a single story private garage and the property line may be reduced by up to fifty
percent. (Prior code §9430(d))
17.14.040 Setback along developed roads. Where more than twenty-five percent of the building
sites along any road have been improved, the required distance between any building and the
property line at the highway and the county road shall be the average of the improved building sites
but not more than that set forth in this article for the district in which the building site is located.
(Prior code §9430(f))
17.14.050 Encroachment into required yards.
A.
Uncovered and unenclosed patios or terraces, cornices, canopies, eaves, bay windows (which
do not qualify as habitable area under the Uniform Building Code), attached heating and air
conditioning equipment or similar architectural features may extend into any required yard
by not more than fifty percent (50%) of the required width or depth.
B.
Front yards may have the following encroachments:
1.
Solid fences and walls not exceeding 40 inches in height;
2.
Fences which are 50 percent open or more, not exceeding seven feet in height;
3.
Other structures not exceeding 30 inches in height.
4.
Bear Resistant Garbage Can Containers shown on the “Approved Bear Resistant
Garbage Can Enclosures” list maintained by Environmental Management
Department, not exceeding 62 inches in height. A minimum setback of 10 feet from
the road shall be provided to be measured from the edge of the curb-face or
pavement if no curbing exists. In no event shall a container be placed within the road
right-of-way or easement. On corner lots, containers shall not be located within a
triangular area at the intersection, measured 25 feet along the lot line extending from
the lot corner as noted in the exhibit shown in Section 17.14.155.A.3. In no event
shall a container be placed within 25 feet of any road intersection. (Ord. 4614, 2002)
C.
Additional yard encroachments and/or minimum setbacks may occur for uses specified as
follows as long as there is no encroachment into utility easements;
Swimming Pools (below ground)
Front: Setback required by zone district
Side: 5 feet minimum
Rear: 5 feet minimum
Propane Tanks
Front: Setback required by zone district
Side: 10 feet, or as required by Uniform Fire Code
Rear: 10 feet, or as required by Uniform Fire Code
Portable Sheds (less than 120 square feet)
Front: Setback required by zone district
Side: 5 feet minimum
26
(Revised December 2009)
El Dorado County Zoning Ordinance
Rear: 5 feet minimum
Chimneys
Front: Encroach not more than 3 feet into yard
Side: Encroach not more than 3 feet into required yard, but in no situation
shall the yard be less than 3 feet.
Rear: Encroach not more than 3 feet into required yard.
(Ord. 4236, 1992)
17.14.060 Stables. Stables shall be located at least thirty feet from any building used for residential
purposes on the same or adjoining building site, in any district, and at least twenty-five feet from any
property line. No horse shall be kept on a building site of less than one acre in any district. (Ord.
3159 §1, 1981: Prior code §9430(h))
17.14.070 Public utility distribution, transmission lines and/or facilities. Public utility distribution,
transmission lines and/or facilities, both overhead and underground shall be allowed in all except AA
zone districts; provided, that the routes and site locations of the proposed transmission lines and/or
facilities shall be submitted to the planning commission or the zoning administrator for site plan
review or special use permit during the preliminary planning stages and prior to the adoption of the
routes and site locations(s) or acquisition of right-of-way therefore.
A.
Public utility distribution, transmission lines, and/or facilities shall for the purposes of this
section, mean:
1.
Public utility towers and/or structures supporting power lines of fifty thousand volts
potential and over,
2.
Trunk telephone lines, supporting structures and saucers,
3.
Sewer and water lines twelve inches or more inside diameter,
4.
Natural gas pipe six inches or more inside diameter,
5.
Sewer and water lift stations, telephone equipment buildings, and natural gas storage
and distribution facilities;
B.
Public utility distribution, transmission lines and/or facilities as described above are
permitted by right without planning commission or zoning administrator review when said
facilities do not exceed fifteen feet more than the height limitation of the zone district and
setbacks of the zone district, and do not create potential safety and health hazards to adjacent
property owners, present or future.
1.
Notwithstanding, in all cases where construction is proposed in an AA zone district,
site plan review and approval is required.
C.
Site plan review required:
1.
All cases where the public utility distribution transmission lines and/or facilities
exceed height limitations of the zone district as set forth in subsection B of this
section and less than one hundred fifty feet in height or do not comply with setback
requirements, shall be subject to site plan approval before the planning commission
or zoning administrator.
2.
Notice of the site plan review hearing shall be provided to all property owners within
five hundred feet of the proposed location. Said notice shall be provided ten days
prior to the scheduled hearing.
D.
Special use permit required:
1.
All cases where the construction of the public utility distribution transmission lines
and/or facilities creates, as determined by the planning commission or zoning
El Dorado County Zoning Ordinance
(Revised December 2009)
27
2.
3.
administrator, potential safety or health hazard to adjacent property owners, present
or future, shall require a special use permit;
All cases where the construction of the public utility distribution, supporting
structures and/or facilities exceed one hundred fifty feet in height shall require a
special use permit;
The foregoing shall apply within the limitations of state and federal law preemption.
(Ord. 3471 §2, 1984)
17.14.080 Leasing motorcycles. It is unlawful for any person to lease a motorcycle in any zoning
district in the county without having a valid unexpired and unrevoked special use permit therefore
issued by the county planning commission. For the purpose of this section, "motorcycle" means any
motor vehicle, other than a tractor, having a seat or saddle for the use of the rider, and designed to
travel on not more than three wheels in contact with the ground, and weighing less than one
thousand five hundred pounds, including any motordriven cycle, motor scooter and bicycle with a
motor attached thereto. For the purpose of this section, "lease" means any oral or written agreement,
lease or bailment by which the owner of a motorcycle permits another to use it for any period less
than one year for compensation. (Prior code §9430(m))
17.14.085 Lot Line Adjustments. The requirements under this section are located under Chapter
16.53 of the El Dorado County Subdivisions Ordinance. (Ord. 4810 §2, 2009)
17.14.090 Interior lot lines. In all districts allowing hotels, motels, multifamily, industrial or
commercial structures by right they may be built across interior lot lines of lots under common
ownership; provided, that all structures so erected shall be so constructed as to have at least one
bearing wall a distance of not less than one foot beyond the normal setback requirements for the
zone or six feet beyond interior lot, whichever is the greater distance. (Prior code §9430(n))
17.14.095 Mineral resource development.
A.
Policy. It is the policy of the county that land use conflicts between rural and
rural-residential uses and mining uses must be minimized by the creation of adequate buffer
zones between such potentially conflicting land uses. Furthermore, it is essential to the
county to preserve the rural- residential and residential character of the county and that
mining and exploration for mining be allowed to proceed only with adequate buffering
between mining and residential uses. It is a further policy of the county that managing these
conflicting land uses will aid in deterring adverse environmental impacts, including, but not
limited to, wildlife, groundwater, flora, fauna, traffic, dust, air quality, and adverse impacts
on public health, safety and welfare and will result in mutual benefit to both future mining
and residential land uses.
B.
Implementation. In addition to any other requirements set forth in any applicable zoning
district, all projects for any kind of open pit mining or strip mining for purposes of
exploration or extraction which require the removal of overburden in a total amount of more
than one thousand cubic yards on any parcel shall require issuance of a special use permit.
However, prior to issuing the special use permit, in addition to any other necessary findings,
the approving authority (board of supervisors or planning commission) shall make the
finding that all boundaries of the proposed project for open pit mining or strip mining shall
be greater than a linear distance of ten thousand feet from any existing residential use,
hospital use, church use or school use, including, but not limited to, nursery or day care uses
or any residential, hospital, church or school use as designated in the El Dorado County
28
(Revised December 2009)
El Dorado County Zoning Ordinance
C.
D.
E.
F.
G.
general plan or any community or specific plan, or as permitted by the zoning code of El
Dorado County. This finding shall not apply to a single-family detached dwelling located on
the parcel for which the special use permit is sought.
Exception. An exception to this section shall be granted only under limited circumstances
after a properly noticed public hearing to all land owners within ten thousand feet of the
proposed project boundaries and upon findings by the planning commission or board of
supervisors on the basis of substantial evidence in the record that: (1) the proposed project
will not have any adverse impact on the environment or upon public health, safety and/or
welfare; and that (2) the project will not discourage residential use (if so designated in the El
Dorado County general plan or any community or specific plans or as permitted by the zoning code of El Dorado County) within ten thousand feet of the project boundaries.
Incorporation of These Policies into the General Plan Text and Maps. Upon passage of the
ordinance codified in this section, the county shall amend the general plan and general plan
maps to incorporate and conform to the provisions of this section.
Implementation and Consistency. Upon passage of the ordinance codified herein, the
general plan and the county zoning code shall be interpreted so as to give effect to the
provisions of this section. The provisions of this section shall prevail over any revisions to
the general plan and any specific plans. Any amendments to the general plan and the county
zoning ordinance made subsequent to the passage of the ordinance codified in this section,
shall be consistent with the provisions of this section.
This section may be amended or repealed only by a majority of the voters of El Dorado
County.
If any portion of this section is declared invalid, the remaining portions are to be considered
valid. (Initiative Ord. adopted 11/20/84)
17.14.100 Waste water treatment plans.
A.
Any zoning proposal that is to be served by a public water and sewer entity shall be exempt
from the requirements of this section. The following criteria shall be applied to residential
zoning or the equivalent. Industrial and commercial zonings shall be assessed upon an
individual basis using criteria established by the county health department.
B.
Sufficient information shall be submitted to permit the assessment and feasibility of waste
water discharge concurrently with the filing of any petition to change zoning boundaries
allowing the minimum residential parcel size of two acres or less. Local conditions as
determined by the planning director may require the submission of this information upon a
parcel or parcels in excess of two acres. This provision includes but is not limited to R1,
R1A, R2A, R20,000, MP, R2, RM, RT and U, and all commercial/industrial zones,
regardless of proposed parcel acreage, if public water and sewer are not available. The
information required shall be submitted in the form of maps, text or such a combination of
both as is necessary to satisfy the requirements as determined by the planning and health
departments. (Prior code §9430(o))
17.14.110 Parcel size exception—Parcels conveyed to government agency.
A.
The minimum parcel size as set forth in each of the zone district regulations provided for in
this article shall be inapplicable to parcels created for the singular purpose of conveyance,
dedication or transfer of the parcel to a governmental agency, public entity or public utility
for such uses by the agency, entity or utility as may be authorized by law.
B.
At such time as a parcel created under the provisions of subsection A of this section as
conveyed or otherwise transferred to an entity other than a governmental agency, public
El Dorado County Zoning Ordinance
(Revised December 2009)
29
entity or public utility, then the parcel shall be required to meet applicable minimum size
regulations. (Prior code §9430(p))
17.14.120 Parcel size exception. In the following zone districts: RE-5, RE-10, A, AE (where the
property is not under a Williamson Act contract), RA-20, RA-40, RA-60, RA-80, RA-160, PA and
SA-10, an existing parcel may be subdivided in such a way that one new parcel of less size than is
required in the prevailing zone regulations is created within each subdivision provided the following
conditions exist:
A.
Either the parcel is shown on the county tax roll or recorded deed as a separate parcel, is
described as a fractional division of a section and a subsequent survey of the parcel shows it
to be a maximum of ten percent less than the acreage indicated on that tax roll; or
B.
The parcel is shown on the 1979 county tax roll as a separate parcel and the roll shows it to
be a maximum of ten percent less than the acreage required to make even divisions into the
minimum parcel size to which it is zoned; or
C.
The parcel is shown on the 1979 county tax roll as a separate parcel and a survey shows it to
be a maximum of ten percent less than the acreage required to make even divisions into the
minimum parcel size to which it is zoned; and both of the following:
1.
The smallest parcel proposed to be created is no less than seventy-five percent of the
minimum size required by the applicable zone but, in no case shall a parcel be
created less than 4.5 acres when groundwater dependant.; and
2.
All other parcels proposed to be created are no less than the minimum required by
the applicable zone or no more than one-tenth of an acre larger than the minimum.
(Ord. 4156 §1, 1991: Ord. 3200 §1, 1981: prior code §9430(q))
3.
No parcel size exception shall be granted where the exception would conflict with
General Plan policies or Zoning Ordinance provisions that require buffers to adjacent
parcels.
17.14.130 Architectural supervision.
A.
In case an application is made for a permit for any building or structure in any RL, RM or C
district and where it faces on a state highway, the application shall be accompanied by
architectural drawings or sketches showing the elevations of the proposed building or
structure. The drawings or sketches shall be considered by the planning commission in an
endeavor to provide that the architectural and general appearance of the buildings or
structures be in keeping with the character of the neighborhood, and such as not to be
detrimental to the orderly and harmonious development of the county, or to impair the
desirability of investment or occupation in the neighborhood.
B.
In case the applicant is not satisfied with the action of the planning commission, he may,
within thirty days, appeal in writing to the board of supervisors, and the board of supervisors
shall render its decision within thirty days after the filing of the appeal. No permit shall be
issued in any case mentioned in this section until the drawings and sketches have been
approved by the planning commission or board of supervisors, and all buildings, structures
and grounds shall be in accordance with the drawings and sketches. (Prior code §9460)
17.14.140 Zoning permits.
A.
Zoning permits shall be required for all buildings hereafter erected, constructed, altered or
moved, and for the change of the use of any land within any R1, RM or C district as
established by this article.
30
(Revised December 2009)
El Dorado County Zoning Ordinance
B.
C.
Application for the permit shall be on a form prescribed by the planning commission, and
shall be made to the commission or its representative.
The planning commission or its representative shall issue the permit if the proposed building
addition or use of land is in compliance with all provisions of this article. (Prior code §9465)
17.14.150 Height limits and exceptions. Towers, flagpoles, chimneys and similar structures may be
erected to a height greater than the building height limit for the district in which it is to be located,
providing a use permit is first secured. (Ord. 3585 §1, 1985: prior code §9430(j); Ord. 4263, 1992)
17.14.155 Fence height limitations, residential and agricultural districts.
A.
In all residential districts (R1, R20,000, R1A, R2A, R3A, R2, RM, RT, U, TR1, TR1A,
TR2A, TR3A, TR2, TRM, TR-20,000, and TRT) the following fence and wall requirements
shall apply within required front yard setback areas:
1.
Fences or walls at least 50 percent open shall be permitted up to a height of 7 feet;
2.
Fences or walls which are less than 50 percent open shall not exceed 40 inches in
height;
3.
On corner lots, no fence or wall shall exceed 40 inches in height within a triangular
area at the intersection, measured 25 feet along the lot line extending from the lot
corner as noted in the exhibit below.
4.
B.
Fences or walls which exceed the requirements of this subsection shall be subject to
the issuance of a special use permit.
In those residential districts noted in subsection A above, fences or walls shall be permitted
within required side and rear yard setback areas as follows:
1.
Any type of fence or wall shall not exceed seven feet (7'), except as noted herein.
2.
Over seven feet (7'), but not exceeding ten feet (10') in height, subject to the
following:
a.
A signed and notarized statement from adjacent property owners that the
proposed fence or wall (which shall be described or shown in an attached
exhibit) will not impact their view nor will it restrict light or movement of
air, and therefore, they have no objection to the construction of the wall or
fence.
b.
The planning director shall review the notarized statement(s) to determine if
they adequately represent adjacent affected properties. If such determination
is made by the planning director, a fence or wall as proposed not to exceed
ten feet (10') shall be approved. The planning director may require additional
El Dorado County Zoning Ordinance
(Revised December 2009)
31
C.
D.
E.
F.
notarized statements from neighboring properties if in the director's opinion
they may be impacted by the fence or wall.
3.
Any fence or wall in excess of ten feet (10') within a side or rear yard area, shall be
subject to issuance of a special use permit.
In estate residential, residential agriculture, and agricultural districts (RE-5, RE-10, RA-20,
RA-40, RA-60, RA-80, RA-160, A, AE, AP, PA, SA-10, OS, TRE, TA and TAE), the
following agricultural fencing standards shall apply within required front, side and rear
setback areas when agricultural uses are fenced. Residential uses within these districts shall
be subject to the limitations noted in the subsections A3 and B above:
1.
Agricultural fencing (open wire, chain link or similar material) shall be permitted in
any setback area provided it does not exceed fourteen feet (14') in height.
2.
Agricultural fences in excess of fourteen feet (14') in height shall conform to all
applicable setback requirements, or shall otherwise be subject to issuance of a special
use permit.
For the purposes of calculating fence or wall height, the height of a retaining wall is included
in the calculation if the fence is located on top of the wall, or within five feet (5') of the
retaining wall. A sloped area, if it exists between the retaining wall and the fence shall be
included in the height calculations as noted in the examples below.
Fences shall not be permitted within a road easement or County road right-of-way.
Fences and walls not located within any of the required setback areas are limited in height
only by the building height limitations of the district in which they are located. (Ord. 4636
§3, 2003: Ord. 4263, 1992)
17.14.160 Recycling collection facilities. Recycling collection facilities as defined in subsection A
of this section shall be permitted by site plan approval from the planning director in commercial,
planned commercial, and general commercial zone districts as a host use. The approval shall be
granted if the proposed use and site plan are in compliance with the findings contained in subsection
B of this section.
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(Revised December 2009)
El Dorado County Zoning Ordinance
A.
B.
"Recycling collection facilities" shall be defined for the purposes of this section as:
1.
Reverse vending machines are mechanical devices that accept one or more types of
empty beverage containers and issue a cash refund or redeemable coupon. Some machines will also dispense coupons and promotional materials. The machines identify
containers by reading the bar code, scanning the shape, or by other methods;
2.
Mobile recycling units which are properly licensed automobiles, trucks, trailers, or
vans which are used for the collection of recyclable material such as aluminum,
glass, plastic, and paper;
3.
Small collection facilities that are no larger than five hundred square feet and are
intended for collection only. They have room for limited day-to-day storage of
material, and do not include power-driven processing equipment except as part of
reverse vending machines. Small collection facilities are usually located
out-of-doors.
The following findings shall be complied with in order to receive site plan approval from the
planning director:
1.
The facility shall be established in conjunction with an existing commercial use or
community service facility and is in compliance with the zoning, building and fire
codes of the county;
2.
The facility shall be no larger than five hundred square feet and occupy no more than
five parking spaces, not including space that will be periodically needed for removal
of materials or exchange of containers;
3.
Occupation of parking spaces by the facility and by the attendant may not reduce
available parking spaces below the minimum number required for the primary host
use unless all of the following conditions exist:
a.
The facility is located in a convenience zone or a potential convenience zone,
as designated by the California Department of Conservation;
b.
A parking study shows that existing parking capacity is not already fully
utilized during the time the recycling facility will be on the site; a reduction
in available parking spaces in an established parking facility may then be
allowed as follows:
For a commercial host use:
Number of Available
Parking Spaces
Maximum
Reduction
0-25
26-35
36-49
50-99
100+
0
2
3
4
5
For a community facility host use:
A maximum of five spaces reduction will be allowed
when not in conflict with parking needs of the host
use.
El Dorado County Zoning Ordinance
(Revised December 2009)
33
4.
5.
6.
7.
8.
9.
11.
12.
13.
14.
15.
16.
17.
18.
No additional parking spaces will be required for customers of small collection
facilities located at the established parking lot of a host use. One space will be
provided for the attendant, if needed;
The facility shall be set back at least ten feet from any street line and shall not
obstruct pedestrian or vehicular circulation;
Containers for the twenty-four-hour donation of materials shall be at least thirty feet
from any property zoned or occupied for residential use unless there is a recognized
service corridor and acoustical shielding between the containers and the residential
use;
Attended facilities located within one hundred feet of a property zoned or occupied
for residential use shall operate only during the hours between nine a.m. and seven
p.m.;
The collection containers shall be insulated so that noised generated by associated
activities shall not exceed levels of sixty dBA, as measured at the property line of
residentially zoned or occupied property, otherwise shall not exceed seventy dBA for
twenty-four-hour operation;
The facility shall use no power-driven processing equipment, except for re from
unauthorized entry or removal of material, and shall be of a capacity sufficient to
accommodate materials collected daily;
A collection schedule shall be established to maintain ample container capacity to
accommodate daily collection needs;
The facility shall accept only glass, metals, plastic containers, and paper material;
Containers shall be clearly marked to identify the type of material which may be
deposited, the facility shall be clearly marked to identify the name and telephone
number of the facility operator and hours of operation, and display a notice stating
that no material shall be left outside the recycling enclosure or containers;
No advertisement, posters, or flyers shall be temporarily attached to exterior of
containers;
The facility shall store all recyclable material in containers or in the mobile unit
vehicle, and shall not leave materials outside of containers when attendant is not
present;
The facility shall be maintained free of litter and any other undesirable materials are
to be removed at the end of each collection day, and shall be swept at the end of each
collection day;
As warranted, the planning director shall condition the approval of the site plan to
require review at the end of a six-month period;
If a violation occurs and is not corrected within thirty days of receiving formal notice
from the planning division, the use shall be removed from the site immediately.
(Ord. 3814 §1, 1988)
17.14.170 Outdoor Lighting.
A.
Policy. It is the policy of the County that the creation of artificial light and glare be
controlled to the extent that unnecessary and unwarranted illumination of an adjacent
property be prohibited. The creation of light or glare by any person in violation of this
Section shall constitute a public nuisance and shall be subject to abatement proceedings in
accordance with Chapter 17.12.
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El Dorado County Zoning Ordinance
B.
C.
Lighting Plans Required.
1.
Any commercial, industrial, multi-family, civic, or utility project that proposes to
install outdoor lighting shall submit plans for such lighting, to be reviewed by the
Planning Director as a part of a site plan review. If the project requires a design
review, special use permit, or development plan application, said lighting plan shall
be included as a part of that application, and shall be subject to approval by the
approving authority.
2.
Lighting plans shall contain, at a minimum, the location and height of all light
fixtures, the manufacturer’s name and style of light fixture, and specifications for
each type of fixture.
Outdoor Lighting Standards. All outdoor lighting shall conform to the following standards:
1.
All outdoor lighting, including residential outdoor lighting, shall be hooded or
screened as to direct the source of light downward and focus onto the property from
which it originates and shall not negatively impact adjacent properties or directly
reflect upon any adjacent residential property.
2.
Parking lot and other security lighting shall be top and side shielded to prevent the
light pattern from shining onto adjacent property or roadways, excluding lights used
for illumination of public roads. [See Exhibit 17.14.170(A)]
PARKING LOT LIGHT SHIELDING
Zone Boundary
Light Pattern
Light pattern
Residential Commercial
EXHIBIT 17.14.170(A)
3.
4.
5.
6.
External lights used to illuminate a sign or the side of a building or wall shall be
shielded to prevent the light from shining off of the surface intended to be
illuminated.
Lights that shine onto a road in a manner which causes excessive glare and may be
considered to be a traffic hazard shall be prohibited.
Outdoor floodlights shall not project above 20 degrees below the horizontal plane.
[See Exhibit 17.14.170(B)]
Lighting of outdoor display area, including but not limited to vehicle sales and rental,
and building material sales, shall be turned off within thirty (30) minutes after the
closing of the business. Security lighting, as approved by the Planning Director may
remain on after the close of business hours.
El Dorado County Zoning Ordinance
(Revised December 2009)
35
D.
7.
Lighted signs shall also conform to Section 17.16.070.
Exemptions. The following lighting shall be exempt from the provisions of this Section:
1.
Airport lighting which is required for the safe and efficient movement of aircraft
during flight, take off, landing, and taxiing. All other outdoor lighting at airport
facilities shall comply with the provisions of this Section.
2.
Lighting used by law enforcement or other emergency personnel.
3.
Lighting used for the illumination of the United States flag pursuant to the
requirements for nighttime illumination of the United States Flag Code.
17.14.180 Cellular Communication Facilities.
Section 1. Findings. Pursuant to Government Code section 65858, the Board of Supervisors
finds as follows:
A.
The County Zoning Ordinance currently does not contain any explicit standards regulating
cellular and PCS communication facilities (antennas, saucers, towers and equipment
buildings; hereinafter “cellular communication facilities.”)
B.
The Planning Director issued an interpretation of the Ordinance regulating cellular
communication facilities in the same manner as telephone trunk lines, supporting structures
and saucers.
C.
This interpretation allowed cellular communications facilities within any zone district as a
matter of right if the facilities did not exceed the maximum height allowed in the district by
more than fifteen (15) feet. Cellular communications facilities exceeding those height
restrictions required a special use permit.
D.
In 1996, the County adopted General Plan Policy 5.6.14, which states:
“Special use permits shall be required for the installation of community telecommunication
facilities (e.g. microwave towers) in residential areas to ensure that siting, aesthetics,
environmental issues, surrounding land uses, and health and safety are considered.”
36
(Revised December 2009)
El Dorado County Zoning Ordinance
E.
F.
G.
H.
I.
J.
K.
This General Plan policy modified the previous interpretation of the zoning ordinance by the
Planning Director as that interpretation applied to cellular communication facilities within
residential zone districts. Cellular communications facilities now require use permits in a
number of zoning classifications as public utility facilities.
The adoption of the 1996 General Plan was challenged in court; therefore, the County has
not completed a comprehensive update of its zoning ordinance and has not enacted explicit
standards regarding cellular communications facilities.
In the years since the Planning Director issued the interpretation of the zoning ordinance and
the 1996 General Plan policy regarding cellular facilities was adopted, the number of
applications for cellular communication facilities has increased dramatically.
Approving cellular communications facilities on an ad hoc basis has the potential to
significantly alter the aesthetic character of the County and cause incompatibility adjoining
land uses.
The County intends to draft and consider an ordinance addressing among other potential
issues, the location, height and visual characteristics of cellular communication facilities, and
their proximity to potentially incompatible land uses.
Approving permits for cellular communication facilities prior to the preparation and
consideration of that ordinance will frustrate the purpose of the ordinance and will constitute
a current and immediate threat to the public welfare; therefore, this interim ordinance
regulating cellular communications facilities must go into effect immediately.
The Board of Supervisors finds that this ordinance is enacted to mitigate the threat posed to
the public welfare by ad hoc development of cellular communication facilities. This
ordinance provides interim regulations applicable to cellular communication facilities. Thus,
it can be stated with certainty that there is no possibility that this ordinance may have a
significant adverse effect on the environment, and the adoption of this ordinance is exempt
from CEQA under sections 15307, 15308, and 15601(b)(3) of the CEQA Guidelines.
Section 2. General Rule:
Except as provided for by the exceptions specified in Section 2 hereof, no application for a permit
for a cellular communications facility shall be accepted, processed or approved after the effective
date of this ordinance.
A.
B.
C.
D.
Section 3. Exemptions:
This ordinance shall not apply to applications to “co-locate” cellular communication
facilities or existing facilities if the proposed addition will not increase the height of the
existing facility.
This ordinance shall not apply to applications for cellular communication facilities located in
lands zoned for commercial or industrial uses, if the proposed facility will not exceed the
maximum height limits for the zone district.
This ordinance shall not apply to applications to locate wireless communication facilities on
top of the existing power transmission facilities, provided the increase in height does not
exceed fifteen (15) feet.
This ordinance shall not apply to applications for temporary wireless facilities where such
facilities does not exceed forty (40) feet in height, and the use does not exceed a period of
ninety (90) days.
El Dorado County Zoning Ordinance
(Revised December 2009)
37
Section 4. Publication:
Within fifteen (15) days after adoption, the Clerk of the Board of Supervisors shall cause this
Ordinance to be published once in a newspaper of general circulation, published and circulated in the
County.
Section 5. Severability:
If any provision of this ordinance is declared to be void by final determination of a court of
competent jurisdiction, the Board of Supervisors finds that said voided part is severable, and that the
Board of Supervisors would have adopted the remainder of this ordinance without the severed and
voided part, and that the remainder of this ordinance shall remain in full force and effect.
Section 6. Effective Date:
This ordinance shall become effective upon adoption and expire on January 23, 2002. (Ord. 4576, 36-2001)
17.14.190 Ranch marketing.
A.
Purpose. The purpose of this section is to provide for the development of ranch marketing
activities to encourage the economic development of the agricultural and tourism industries
while regulating such uses to protect the public health, safety and welfare and the enjoyment
of property by adjacent land owners.
B.
Ranch marketing activities permitted. The following ranch marketing activities shall be
permitted as set forth below in SA-10, Select Agricultural, PA, Planned Agricultural, AE,
Exclusive Agricultural on individual parcels that contain ten (10) acres or more and have a
minimum of five (5) acres of permanent agricultural crop in production or ten (10) acres of
annual crop in production that are properly maintained and cared for to produce a
commercial crop, and provided they are held concurrently with the sale of on-site produced
agricultural products. Ranch marketing shall be permitted in AP zone districts by special use
permit. Should the proper maintenance and care of the required minimum agricultural crop
acreage cease, as determined by the El Dorado County Agricultural Commissioner, the right
to operate any of the following accessory uses becomes void:
1.
Permitted by right:
a.
Picnic areas for daylight use;
b.
The display and sale of handicrafts and agricultural promotional items
produced on-site or off-site, provided that the primary product sold is an
agricultural product produced by the owner of the subject parcel. Sales shall
be subject to available parking as set forth in subsection 17.14.180(C). All
vendors shall have a current El Dorado County business license. Vendors
may use the site for overnight RV camping during the time that said vendor
occupies a sales booth or stall, subject to applicable health and safety
standards as may be required by state and County regulations;
c.
Gift display and sales area, not including handicrafts, not to exceed a total of
500 square feet of interior floor space, for the retail sale of agricultural
related promotional items, gift items, and/or pre-packaged goods. The gift
display and sales area shall be operated concurrently with the sale of
agricultural products and/or byproducts produced on site. Sales shall be
subject to available parking as set forth in subsection 17.36.260(E).
All vendors shall have a current County business license. Non-handicraft
items, such as agricultural related promotional items, gift items, and/or pre-
38
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
packaged goods, may continue to be sold under this subsection for a period of
up to one (1) year following the implementation of this ordinance and must
be terminated thereafter unless allowed pursuant to this ordinance.
d.
Bake shop operated concurrently with the sale of on-site produced
agricultural products and agricultural byproducts. Food items, where the
principle ingredient of the food are not grown on the premises, may be made
and/or sold for one (1) year following the implementation of this ordinance,
except as otherwise provided for in this ordinance;
e.
Prepared food stand operated concurrently with the sale of on-site produced
agricultural products and byproducts;
f.
Special events for commercial purposes not to exceed 125 persons with the
number of events not exceeding the following limits:
i.
Parcels less than 20 acres in size - 6 per year;
ii.
Parcels 20 acres or more in size - 12 per year;
iii.
All Special events shall be subject to available parking as set forth in
subsection 17.14.180(C).
g.
Marketing promotional events promoting the agricultural operation on the
parcel on which the event is held, subject to available parking as set forth in
subsection 17.36.260(E). (For the purpose of this section, a marketing
promotional event is defined as events sponsored by the property owner, an
association of agricultural property owners, or similar non-profit
organizations formed to assist the agricultural industry in the area, to promote
the sale of agricultural products and byproducts and which is intended to
benefit the agricultural use of the site and/or the agricultural region. No
single event shall exceed three (3) consecutive days);
h.
The sale of alcoholic beverages made from agricultural products produced
on-site. This section shall not prohibit the sale of alcoholic beverages
processed off site, provided that the alcoholic beverage includes only
agricultural products grown on site;
i.
Agricultural-related museums;
j.
Agricultural Homestays, as defined under Section 113870(a)(2) of the
California Health and Safety Code, on parcels containing ten (10) acres or
larger, with no limitation on the time of operation;
k.
Parcels containing ten (10) acres or larger may have one additional unlighted
sign, located on-site, advertising authorized activities. The sign’s display area
shall not exceed sixteen (16) square feet on either sign face, with a total not
greater than thirty-two (32) square feet for a double-faced sign.
The following uses shall be permitted subject of site plan review approval by the
Planning Director, following the recommendation of the Agricultural Commission,
on individual parcels that contain ten (10) acres or more and have a minimum of five
(5) acres of permanent agricultural crop in production or ten (10) acres of annual
crop in production that are properly maintained and cared for to produce a
commercial crop. Should the proper maintenance and care of the required minimum
agricultural crop acreage cease, as determined by the El Dorado County Agricultural
Commissioner, the right to operate any of the following accessory uses becomes
void:
a.
Gift display and sales area, not including handicrafts, in excess of 500 square
feet, but less than 1,000 square feet of interior floor space, for the retail sale
El Dorado County Zoning Ordinance
(Revised December 2009)
39
3.
40
of agricultural related promotional items, gift items, and/or pre-packaged
goods. The gift display and sales area shall be operated concurrently with the
sale of agricultural products and/or byproducts produced on site. Sales shall
be subject to available parking as set forth in subsection 17.36.260(E). All
vendors shall have a current County business license. Sale of agricultural
related promotional items, gift items, and/or pre-packaged goods, other than
handicraft items, may be sold for up to one (1) year following the
implementation of this ordinance without restriction to floor space and must
be terminated thereafter unless allowed pursuant to this ordinance.
b.
Special events for commercial purposes over 125 persons but 250 or fewer
persons, subject to available parking as set forth in subsection 17.14.180(C)
below, with the number of events not exceeding the following limits:
i.
Parcels less than 20 acres in size - 6 per year;
ii.
Parcels 20 acres or more in size - 12 per year;
iii.
All Special events, weddings, and similar functions shall be subject to
the development standards set forth in subsection C.
c.
The site plan review approval may set forth limitations on the capacity of the
accessory uses.
d.
Agricultural Homestays, as defined under Section 113870(a)(2) of the
California Health and Safety Code, on parcels containing ten (10) acres or
less, may be permitted subject to site plan review approval by the Planning
Director, following the recommendation of the Agricultural Commission,
provided the parcel has a minimum of five (5) acres of permanent agricultural
crop in production that are properly maintained and cared for to produce a
commercial crop, with no limitation on the time of operation.
Permitted by special use permit:
a.
The packing, processing and/or sale of agricultural products and byproducts
produced off-site and any accessory structures on parcels containing less than
ten (10) acres;
b.
Use of special attractions for commercial purposes such as, but not limited to,
music festivals, concerts, carnivals, or other nonagricultural activities subject
to available parking as set forth in subsection 17.36.260(E);
c.
Signs in excess of that permitted by right, including flags, banners, balloons
and other temporary signs;
d.
Bed and Breakfasts and other lodging facilities, other than Agricultural
Homestays;
e.
Dining facility (not including a prepared food stand);
f.
RV or overnight camping site for commercial purposes;
g.
Commercial recreational uses and facilities to be operated concurrently with
the sales season of on-site produced agricultural products and byproducts;
h.
Those uses provided by right that are not otherwise allowed on parcels of less
than ten (10) acres may be authorized by special use permit;
i.
Special events for commercial purposes in excess of 250 persons for the sale
of gift items and/or pre-packaged goods;
(Revised December 2009)
El Dorado County Zoning Ordinance
j.
C.
Gift display and sales area, not including handicrafts, in excess of 1,000
square feet of interior floor space, for the retail sale of agricultural related
promotional items, gift items, and/or pre-packaged goods. The gift display
and sales area shall be operated concurrently with the sale of agricultural
products and/or byproducts produced on-site. All vendors shall have a
current El Dorado County business license. Sale of agricultural related
promotional items, gift items, and/or pre-packaged goods, other than
handicraft items, may be sold for up to one (1) year following the
implementation of this ordinance without restriction to floor space and must
be terminated thereafter unless allowed pursuant to this ordinance.
k.
All ranch marketing uses in the AP, Agricultural Preserve zone.
Development Standards: The following standards shall apply to all ranch marketing
activities set forth above:
1.
Parking
a.
Permanent parking spaces, may be of dirt or gravel surface, shall be provided
for all sales, gift, handicraft and food service areas pursuant to the provisions
of Chapter 17.18, Parking;
b.
Parking for special events, weddings, marketing promotional events, and
similar functions may utilize temporary, overflow parking areas. Limitations
on the number of guests may be based on availability of off-street parking.
Overflow parking areas may be of dirt or gravel surface, provided that the
parking area is fire safe;
c.
On-street parking shall not be permitted.
2.
Access.
a.
The access to the ranch marketing facility shall be connected directly to a
public road, except as provided below.
b.
Where a proposed ranch marketing facility is located on a private road and is
within general plan designated Agricultural District boundaries, access shall
be subject to the review and approval by the Planning Director under site
plan review, following a recommendation by the Agricultural Commission.
c.
Where a proposed ranch marketing facility is located on a private road and is
outside general plan designated agricultural district boundaries, a special use
permit shall be required.
3.
Proposed ranch marketing facilities that do not meet the standards set forth above
may be considered by special use permit pursuant to Chapter 17.22. (Ord. 4636 §4,
2003: Ord. 4573 (part), 2001)
17.14.200 Wineries.
A.
Purpose. The purpose of the winery ordinance is to:
1.
Provide for the orderly development of wineries and accessory uses within specified
agricultural zones and specified residential zones to ensure compatibility with
adjacent land uses (General Plan Policy 2.2.5.21.)
2.
To encourage the economic development of the local agricultural industry by
allowing for the direct sales and marketing of value added products (General Plan
Policy 10.1.5.4.)
3.
To implement General Plan policies that encourages development of agriculturalrelated uses while protecting the agricultural character and long-term agricultural
El Dorado County Zoning Ordinance
(Revised December 2009)
41
B.
42
production of agricultural lands. (General Plan Policies: 8.2.2.1, 8.2.4.2., 8.2.4.3,
8.2.4.4, and 8.2.4.5)
Wineries and Accessory Uses. Those uses identified as “by right” are subject to compliance
with all applicable provisions of the Zoning Ordinance. Uses may also require grading
permits, building permits, or other permits as required by the County Code. Those uses
identified as permitted by Conditional Use Permit (CUP) require an Administrative Permit
(17.22.350), Minor Use Permit (17,.22.400) or a Special Use Permit (17.22.500) as
determined by the Director of Development Services (Director).
1.
Use Classifications. The winery and accessory uses are grouped into the following
classes and are further defined in Section C, Winery Uses:
Class 1:
Winery (C.1)
Tasting facilities (C.2.a)
Wholesale and retail sales of wine (C.2.b)
Retail sales of merchandise and art (C.9)
Public Tours
Picnic Areas (C.8)
Marketing Events (C.2.c)
Class 2:
Special Events limited to the provisions of C.3.
Class 3:
Agricultural related museum (C.7)
Commercial kitchen facilities (on premises functions only) (C.6)
Class 4:
Commercial kitchen use for catering off-premises functions (C.10)
Distilleries (C.5)
Dining facility (C.4)
Class 5:
Special Events that exceed the provisions of C.3.a and C.3.b.
2.
Uses Allowed. Wineries and accessory uses shall be allowed as set forth below
(acreages are gross acreages of individual lots):
a.
AE, PA, and SA Zones (20 acres or more) (Both within and outside of an Ag
District): Lots Zoned AE, PA, and SA; that are 20 acres or more; with a
minimum of five acres commercial vineyard; the following uses are allowed:
By right:
Class 1, Class 2, and Class 3.
By CUP:
Class 4 and Class 5.
b.
AE, PA, and SA Zones (10 acre minimum) within Ag District: Lots Zoned
AE, PA, and SA; that are a minimum of 10 acres, but less than 20 acres; with
a minimum of five acres commercial vineyard; and are located within a
General Plan Agricultural District; the following uses are allowed:
By right:
Class 1 and Class 2.
By CUP:
Class 3, Class 4, and Class 5
c.
AE, PA, and SA Zones (10 acre minimum) not in Ag District: Lots Zoned
AE, PA, and SA, that are a minimum of 10 acres, but less than 20 acres; with
a minimum of five acres of commercial vineyard; and are not located within
a General Plan Agricultural District; the following uses are allowed:
By right:
none
By CUP:
Class 1, Class 2, Class 3, and Class 4
d.
AP zones: In AP Zones that are a minimum of 10 acres; with a minimum of
five acres of commercial vineyard; the following uses are allowed:
By right:
none
By CUP:
Class 1, Class 2, Class 3, and Class 4
(Revised December 2009)
El Dorado County Zoning Ordinance
e.
3.
RA Zone within Ag District. Lots Zoned RA; that are a minimum of 10
acres; with a minimum of five acres of commercial vineyard; and are located
within a General Plan Agricultural District; the following uses are allowed:
By right:
Class 1
By CUP:
Class 2, Class 3, and Class 4
f.
RA Zone, not in Ag District. Lots zoned RA; that are a minimum of 10
acres; with a minimum of five acres of commercial vineyard; and are not
located within a General Plan Agricultural District; the following uses are
allowed:
By right:
none
By CUP:
Class 1, Class 2, and Class 3
g.
RE Zone, within an Ag District. Lots zoned RE; that are a minimum of 10
acres; with a minimum of five acres of commercial vineyard; and are located
within a General Plan Agricultural District; the following uses are allowed:
By right:
Class 1
By CUP:
Class 2, Class 3, and Class 4
h.
RE Zone, not in Ag District. Lots zoned RE; that are a minimum of 10 acres;
with a minimum of five acres of commercial vineyard; and are not located
within a General Plan Agricultural District; the following uses are allowed:
By right:
none
By CUP:
Class 1, Class 2, and Class 3
Table of Uses Allowed. Table B.3 Uses Allowed represents the same use provisions
of B.2, except presented in a table format for ease of use and quick reference. Where
there are discrepancies between Section B.2 and Table B.3, the text of Section B.2
shall prevail.
Class
Use
1
New Winery
1
Tasting Facilities
1
1
Retail Sale of
Wine
Retail Sale of
art/merchandize
1
Public Tours
1
Picnic Areas
TABLE B.3
AE,
AE, PA
AE, PA &
PA
& SA
SA
&SA
Zoning
Zoning
Zoning
10 10-19.9
20+
19.9
Acres
Acres
Acres
Not In GP
(B.2.a) Within
Ag
(See
GP Ag
District
Note
District
(B.2.c)
2)
(B.2.b)
By
By
CUP
Right
Right
By
By
CUP
Right
Right
By
By
CUP
Right
Right
By
By
CUP
Right
Right
By
By
CUP
Right
Right
By
By
CUP
El Dorado County Zoning Ordinance
(Revised December 2009)
RE & RA
Zoning
10+ Acres
Within
GP Ag
District
(B.2.e &
g)
RE & RA
Zoning
10+ Acres
AP
Not In GP
Zoning
Ag
10+ Acres
District
(B.2.d)
(B.2.r &
h)
By Right
CUP
CUP
By Right
CUP
CUP
By Right
CUP
By Right
CUP
CUP
By Right
CUP
CUP
By Right
CUP
CUP
43
Right
Right
Special Events:
50 to 250 PAOT*
48 Event
days/year
including: 12
By
By
2
CUP
CUP
CUP
CUP
facility rentals on Right
Right
less than 20 acres
or 24 facility
rentals for 20
acres or more
By
Ag related
3
CUP
CUP
CUP
CUP
CUP
museums
Right
Commercial
By
3
kitchen for on-site
CUP
CUP
CUP
CUP
CUP
Right
use only
Commercial
4
kitchen used for
CUP
CUP
CUP
CUP
Prohibited
CUP
off-site purposes
4
Dining facilities
CUP
CUP
CUP
CUP
Prohibited
CUP
4
Distilleries
CUP
CUP
CUP
CUP
Prohibited
CUP
Special Events:
With more than
250 PAOT; more
than 48 event
5
CUP
CUP
Prohibited Prohibited Prohibited Prohibited
days/year; or
more facility
rentals then
allowed
* Persons at one time
CUP = Conditional Use Permit
Note 1: By Right uses may require a CUP pursuant to Section D.1 and E.5 (Access Limitations
and Access Standards) and Section D.2 (Land Use Compatibility Limitations)
Note 2:May require a CUP pursuant to Section D.2
C.
44
Winery Uses: The following provisions shall apply to all wineries, accessory structures, and
accessory uses:
1.
General Winery Provisions. “Winery” means an agricultural processing facility
producing wine from fruit or fruit juices through fermentation or the refermenting of
still wine into sparkling wine that is bonded through the Alcohol, Tobacco Tax and
Trade Bureau and has a current California Alcohol Beverage Control Type 2
Winegrower’s License.
a.
The primary purpose of the winery shall be to process fruit grown on the
winery lot or on other local agricultural lands. No more than 50 percent of
the fruit processed shall be imported from outside El Dorado County.
b.
Wineries include those areas of a winery where grapes are crushed,
fermented or pressed, where bulk wine is stored in tanks or barrels, or where
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
3.
4.
5.
winery operations such as racking, filtering, blending, or bottling of wines are
carried out, and on-site case goods storage.
Tasting Facilities.
a.
Subordinate to Winery. Tasting facilities shall be clearly related, and
subordinate to the primary operation of the bonded winery as a production
facility. The primary focus of the tasting facilities shall be the marketing and
sale of the wine and grape or fruit products produced, vinted, cellared or
bottled at the winery. Snack foods that are consumed during wine tasting are
allowed.
b.
Wine Sales. Retail sales of wine fruit products shall be limited to those
produced, vinted, cellared or bottled by the winery operator or grown on the
winery lot, or custom crushed at another facility for the winery operator,
subject to the provisions of an ABC Type 2 Winegrower’s license. (The ABC
Type 2 Winegrower’s license requires that at least 50 percent of the wine
sold be produced by the winery).
c.
Marketing. Tasting facilities include any marketing activities sponsored by a
winery facility intended for the promotion and sale of the facility’s products.
Activities of a marketing event may include, but are not limited to, live
music, catered food, food prepared on premises, winemaker dinners, releases,
library wines, discounted sales, “bottle-your-own,” and similar activities,
including amplified outdoor music subject to the County noise ordinance but
may not include concerts or events which include more than one facility, or
events sponsored by or for the benefit of an organization other than the
facility.
Special Events. “Special Events” are any events such as charitable events,
promotional events, and facility rental events, that are not the tasting and marketing
activities described in Subsection C.2.c.
a.
Number Permitted. Special events are limited to a total of 48 days per
calendar year. Special events that have less than 50 persons at one time shall
not count against the total number of events allowed. “Facility rental events”
are a type of Special Event where the property owner is compensated for the
use of the site and facilities, such as weddings, parties, company picnics,
birthdays, reunions, or other social gatherings. Facility rental events are part
of the total Special Events permitted, but are further limited to the following:
Lots less than 20 acres in size: 12 facility rental days per calendar year
Lots 20 acres or more in size: 24 facility rental days per calendar year
b.
Capacity Limitation. All Special Events are limited to 250 persons at one
time.
Dining Facility. Dining facility means an establishment where food is prepared and
served to the public in an established indoor seating area. (17.06.050.Q). The Dining
Facility must be subordinate to the sale of wine. The Dining Facility does not
include areas of a winery that are temporarily set up for wine maker dinners.
Distilleries. “Distillery” means a production facility for purposes of distilling wine
to produce high proof or similar distilled spirits which is bonded through Alcohol,
Tobacco Tax and Trade Bureau and has a current California Alcohol Beverage
Control License. Distilleries are only permitted in conjunction with a winery on the
same lot with a CUP. Allowed activities include, but are not limited to, blending,
El Dorado County Zoning Ordinance
(Revised December 2009)
45
D.
46
aging, storage, bottling, administrative functions, warehousing operations, wholesale
sales, retail sales, and tasting facilities.
6.
Commercial Kitchen. Food preparation facilities and sale of prepackaged food items
must comply with the California Health and Safety Code and be permitted by
Environmental Management. Commercial kitchens that are permitted shall be
accessory to the winery, tasting room, and any other authorized accessory uses.
7.
Museum. Agricultural related museums shall be accessory to a winery and tasting
room and shall primarily display items from California’s agricultural history.
8.
Picnic Areas. Picnic areas shall be subordinate to the winery and tasting room.
9.
Retail Sales. Retail sales of merchandise, art, prepackaged food items properly
labeled in accordance with the California Health and Safety Code shall only be
allowed within the tasting facilities and shall not be under any circumstances located
in a separate structure. Sales of non-wine merchandise shall be subordinate to the
wine sales.
10.
Catering. Use of an on-site, authorized commercial kitchen for catering off-site
events may be allowed only by CUP and only when the catering use is found to be
subordinate to the winery’s wine sales on an annual basis.
Special Provisions
1.
Access Limitations. Uses listed in Subsection B.2 identified as “by right” must meet
the access provisions of Subsection E.5 or a CUP is required.
2.
Land Use Compatibility Limitations. Proposed winery facilities that are not located
within an Agricultural District shown on the adopted General Plan Land Use Map
and have property lines adjoining a lot with a non-compatible land use designation
shall require approval of a CUP. For purposes of this section, non-compatible land
use designations shall be Multifamily Residential (MFR), High Density Residential
(HDR), Medium Density Residential (MDR), and Low Density Residential (LDR).
The compatibility determination will be made prior to issuance of a building permit
for a winery building. Subsequent expansion of the facility buildings or uses will
require additional compatibility determinations.
3
IBC Limitations. Wineries and accessory structures in the Important Biological
Corridor (IBC) land use designation shall adhere to these additional restrictions,
unless mitigated through the CEQA process and a Conditional Use Permit.
a.
Minimum lot size for winery and accessory structures is 20 acres.
b.
A maximum of 2.5 acres of the lot may be used for winery and accessory
uses.
c.
Structures shall be setback 200 feet for perennial streams and 100 feet for
intermittent streams as shown on the USGS quad maps.
4.
Other Zones. All other agricultural and residential zones not listed in this section are
not allowed to have wineries or tasting rooms as a primary use or accessory use
(either by right or by CUP). It is specifically prohibited to pursue a winery or tasting
room as a “home occupation.” In the Commercial and Industrial zones, wineries and
accessory uses would be allowed in accordance with the specific zone’s provisions
for wineries and are exempt from this section’s provisions, including but not limited
to: minimum lot size, vineyard size, location on County maintained road, and
adjacent land use designations.
5.
Wineries with less than 5 acres of vineyard. Wineries without a minimum five acres
of vineyard may only be permitted as a Micro-Winery in Section D.10, except that a
(Revised December 2009)
El Dorado County Zoning Ordinance
6.
7.
8.
9.
10.
winery (C.1) production facility may be approved by conditional use permit if all of
the following provisions are met:
a.
The lot is located within a General Plan Agricultural District;
b.
The lot is zoned AE, PA, or SA;
c.
The lot is a minimum of ten acres in size;
d.
The lot shall have a minimum of one acre of vineyard or other fruit crop
that is used to produce wine;
e.
The facility is not open to the public;
f.
The only accessory uses in this section allowed is a distillery (C.5); and
g.
At least 75 percent of the fruit used by the facility shall be grown within
El Dorado County
“Lot.” For purposes of the Winery Ordinance, the term “Lot” is used to describe an
individual legal parcel. This does not include an administrative parcel used by the
Assessor for tax purposes. Lots under the same ownership are not considered to be a
single lot for purposes of the Winery Ordinance.
Not Additive with Ranch Marketing. The number of Special events may not be
added to, or combined with, those allowed by right under Ranch Marketing
Ordinance, Section 17.14.180 unless approved by a CUP.
Temporary Use Permit. Special events such as fundraisers, concerts, or other special
functions where the number of attendees will exceed 250 persons at any given time
and determined to be of an infrequent nature not normally conducted at the winery
facility or grounds may be permitted by Temporary Use Permit in compliance with
Chapter 17.23. Infrequent nature, as used herein, shall mean no greater than three
events per calendar year and no more frequent than one event per calendar month.
Effect on Existing Special Events. All unpermitted special events in existence on the
effective date of this section (February 3, 2009) shall be subject to the standards
specified in this Subsection. Existing special events may be continued subject to an
Administrative Use Permit only when the scope and frequency of the existing special
events can be adequately documented in the application for the Administrative Use
Permit. If an applicant wishes to expand the scope or frequency of the existing
special events, a CUP will be required. The required Administrative Use Permit or
CUP shall be requested from the County within one year of the effective date
specified above. All existing uses shall be allowed to continue for one year from the
application date of any of the above specified permits. If the required permit has not
been requested within the time frames set forth in this section, the penalties of
Chapter 17.12 (Enforcement) of this Title shall apply.
Micro-Winery. Micro-wineries shall be permitted by CUP in the SA, PA, AE, AP,
RE, and RA zone districts. All micro-wineries are subject to all of the following
provisions:
a.
Minimum Lot Size. All micro-wineries shall be located on a lot of five acres
or more.
b.
Vineyard Standards. All micro-wineries shall have a minimum of one acre
planted wine grapes on the same lot. One acre shall mean a planting of wine
grapes spanning an area of at least 43,560 square feet and consisting of a
minimum of 440 grape vines. These wine grapes shall be properly
maintained and cared for to produce a commercial crop. Should the proper
maintenance and care of the required minimum wine grapes acreage cease, as
El Dorado County Zoning Ordinance
(Revised December 2009)
47
E.
48
determined by the El Dorado County Agricultural Commissioner, the right to
operate the micro-winery becomes void.
c.
Wine Sales. Wine sales shall be by internet, mail order, telephone, facsimile
(and similar means), or off-site only. No on-site sales, tasting, or public
access is allowed.
d.
Limitation on Accessory Uses. No other accessory uses described in this
Winery Ordinance is permissible on the site. In no circumstances is wine
tasting allowed on-site. No CUP can be approved that permits wine tasting
or wine tasting by appointment.
e.
Compliance with Laws. All other local, State, and federal laws shall apply
and compliance shall be verified prior to operation. At a minimum:
i.
Fire Department shall review the facility for consistency with Fire
Code Regulations.
ii.
Waste Discharge permit or Waiver of Discharge Permit from
Regional Water Quality Control Board.
iii.
Winegrower license from Alcoholic Beverage Control.
iv.
The facility must be bonded through the Alcohol, Tobacco Tax and
Trade Bureau.
v.
Building Permit (Building, Planning, Environmental Management).
vi.
Verification of one acre vineyard, properly maintained (Agricultural
Department).
f.
Production Capacity. The capacity of the micro winery shall not exceed 250
cases (595 gallons) for each acre of wine grapes grown on the lot with a total
capacity not to exceed 1,250 cases (2,972 gallons). Lots zoned PA and SA
may exceed these amounts in compliance with the CUP conditions if:
i.
The lot is within a General Plan Agricultural District, and
ii.
The Agricultural Commission finds that the land is not capable of
supporting five acres of vineyard and that potential on-site
agricultural land is not being precluded from future agricultural
production.
g.
Signs. Micro-winery signs are limited to one on-site unlighted sign, six
square feet in area, six feet in height, advertising the name of the winery and
owner. The sign must also state “not open to the public.”
h.
Micro-Winery Size. Maximum enclosed square footage (all floors) of the
winery shall be 2,000 square feet.
Development Standards: These standards are the minimum required for all wineries,
accessory uses in Section C. Additional requirements may be added through the
discretionary permitting process if applicable.
1.
Commercial Vineyard. “Commercial Vineyard” means that a minimum of five acres
of wine grapes are planted and are capable of producing a commercial crop. Five
acres shall mean a planting of wine grapes spanning an area of at least 217,800
square feet and consisting of a minimum of 2,200 grape vines that are properly
maintained to produce a commercial crop as determined and verified by the
Agricultural Commissioner. Properly maintained as used in this section shall mean
that the planted grapes are tended in a manner consistent with proper and accepted
customs and standards of the agricultural industry including but not limited to the
provision of irrigation, the control of pests and diseases, and the protection against
deer depredation. Should the minimum acreage of wine grapes cease to be
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
3.
4.
5.
maintained, as determined by the Agricultural Commissioner, the right to operate the
winery and all accessory uses shall immediately cease until such time as the required
five acres of wine grapes are re-established to the satisfaction of the Agricultural
Commissioner. A determination by the Agricultural Commissioner may be appealed
to the Agricultural Commission whose decision shall be final and not subject to
further appeal.
Setbacks. The following setbacks apply to all wineries, tasting facilities, and outdoor
use areas, excluding parking lots and picnic areas:
a.
Within a General Plan Agricultural District a minimum of 50 feet from all
property lines.
b.
Outside a General Plan Agricultural District a minimum of 200 feet from all
property lines.
c.
The 200 foot setback in Subsection E.2.b may be reduced to no less than 50
feet by the Agricultural Commission approval of “Administrative Relief”
based on forms and criteria established by the Agricultural Commission and
subject to fees adopted by the Board of Supervisors.
Signs. The following signs are allowed for any winery that is allowed by right:
a.
One unlighted on-site sign advertising authorized activities not to exceed 32
square feet on either sign face, with a total not to exceed 64 square feet for a
double-faced sign.
b.
In addition, one off-site sign of the same size may be approved by
Administrative Permit, with the property owner’s permission and specific
findings regarding: the proximity to the winery; zoning; and the need for the
off-site sign due to the location of the access road.
c.
Small off-site directional signs, not exceeding 6 square feet, may also be
approved with the property owner’s permission through the Administrative
Permit process with the submittal of a plan showing the location of each sign
and the need for each of the directional signs. Additional signage may be
permitted by CUP.
d.
Industry association signs as approved by the Board of Supervisors, such as
Farm Bureau, Farm Trails, Apple Hill, Fair Play Winery Association, and El
Dorado Winery Association, shall be exempt from these provisions.
Parking. The following parking standards shall apply to wineries, tasting rooms, and
accessory uses:
a.
Permanent parking spaces shall be provided for wineries, tasting room, and
retail sales areas in compliance with Chapter 17.18, Off-Street Parking and
Loading.
b.
Parking surfaces shall be surfaced with a Class 2 aggregate base or
equivalent, with appropriate hard-surfacing for designated ADA compliant
parking stalls.
c.
Temporary parking for marketing activities and special events may utilize
overflow parking areas that are not surfaced. Limitations on the number of
guests may be based on availability of off-street parking. All temporary
parking shall be accommodated on-site, shall meet Chapter 17.18 standards
for temporary parking, and meet any Fire Department requirements.
Access Standards: The access to winery and tasting facilities open to the public shall
connect directly to a County maintained road, except as provided below. Access via
a non-County maintained road for purposes of this subsection includes access to a
El Dorado County Zoning Ordinance
(Revised December 2009)
49
6.
50
winery that utilizes any portion of a non-County maintained road whether or not the
road utilized is located on-site or off-site.
a.
In Ag District. A winery and tasting facility accessed by a non-County
maintained road, if located within an Agricultural District, shall be subject to
the review and approval of a Site Plan Review by the Development Services
Director, following a recommendation by the Agricultural Commission.
b.
Not in Ag District. A winery and tasting facility accessed by a non-County
maintained road that is not located within an Agricultural District shall
require a CUP.
c.
Not Open to Public. A winery that is not open to the public and without onsite sales may be accessed by a non-County maintained road.
d.
Road Maintenance. As a condition of approval for a Site Plan Review or
CUP, the winery will be required to participate in any private road
maintenance entity, annex into a road ZOB, or otherwise pay a fair share for
road maintenance as determined by the approving authority.
e.
Fire Safe/Code Standards. Access to a winery open to the public shall meet
the minimum access requirements of the applicable fire protection district,
including both on-site and off-site access roads. Exceptions to standards may
be allowed by the Fire District and subject to appeals processes identified in
the SRA Fire Safe Regulations.
f.
“County Maintained Road” for this Subsection shall be a road that is listed by
the Department of Transportation as being on the current County Maintained
Mileage list. This list does not typically include County Service Area (CSA)
or Zone of Benefit (ZOB) roads.
Size Limitation.
a.
The winery, accessory buildings and accessory uses shall not occupy more
than five acres or 50 percent of the gross lot area, whichever is less.
b.
All new wineries and expansion of existing wineries that exceed 10,000
square feet of floor area and visible from a County maintained road shall
require a Design Review approval. Reserved
c.
Tent structures that exceed 1,200 square feet of floor area and visible from a
County maintained road shall be limited to 30 day periods, three times per
calendar year, unless additional time frames are approved by the
Development Services Director by a Temporary Use Permit, Site Plan
Review, or Special Use Permit.
d.
The total enclosed square footage (all floors) of a winery building shall not
exceed the square footage shown in the Table E.6. Any winery building or
group of winery buildings and accessory buildings, exceeding the square
footage in the Table E.6 below shall require a CUP. Winery buildings do not
include residential buildings, garages, outbuildings, and structures not
associated with the winery, such as agricultural buildings.
(Revised December 2009)
El Dorado County Zoning Ordinance
TABLE E.6
LOT ON WHICH THE WINERY IS
7.
8.
9.
LOCATED
MAXIMUM ALLOWABLE WINERY
BUILDING SIZE
10 acres to less than 20.0 acres
10,000 square feet
20 acres but less than 40.0 acres
40,000 square feet
40.0 acres and larger
60,000 square feet
Waste Disposal.
a.
Solid Waste. All solid waste must be stored in a manner that prevents the
propagation, harborage, or attraction of flies, rodents, vector, or other
nuisance conditions and must be removed at least once every seven days in
accordance with Chapter 8.42 of the County Code. Pomace, culls, lees, and
stems maybe recycled onsite in accordance with the Report of Waste
Discharge approved for each individual winery by the Regional Water
Quality Control Board.
b.
Winery Production Waste. Standards will be set, where applicable, by the
Regional Water Quality Control Board and will be stipulated in the Report of
Waste Discharge.
Cultural Resource Protection.
a.
Winery development on a lot identified by the County as being listed on the
National Register of Historic Places (NRHP) and California Register of
Historic Places (CRHR) shall be required to preserve the structure(s).
Modifications or demolition of the structures shall only be approved based on
recommendations from a cultural resource report that meets County
guidelines.
b.
Winery development within 100 feet of perennial or intermittent streams
shall submit a cultural resource study prior to approval of grading or building
permits. Cultural sites identified in the study and recommended for
avoidance and protection shall be protected as recommended in the cultural
resource study.
Outdoor Amplified Music. The General Plan noise standards contained in Policy
6.5.1.7 and Table 6-2 shall be adhered to for all events featuring outdoor amplified
music or amplified speech. For any events occurring between 7 p.m. and 10 pm, a
noise analysis shall be submitted to the Development Services Department
demonstrating that the noise standards will not be exceeded. No outdoor music will
be permitted after 10 pm. (Ord. 4808, 2009)
17.14.210 Communication Facilities, Wireless
A.
Purpose. The purpose of this section is to provide for the orderly development of
commercial and private wireless communication facilities, including transmission and relay
towers, dishes, antennae and similar facilities, to encourage the appropriate location and
development of wireless communication facilities; to protect the character of neighborhoods
El Dorado County Zoning Ordinance
(Revised December 2009)
51
B.
C.
D.
52
and communities; and to protect the scenic quality of El Dorado County’s roads and byways.
Statement of Intent. The Board of Supervisors finds that it is in the interest of public health,
safety and welfare of the citizens of El Dorado County, and an economic benefit to minimize
the number of communication facilities through encouraging the joint use of existing and
new towers and the placement of facilities in areas where the adverse impact is minimal,
thereby reducing the visual and potential visual intrusion of such facilities on the
surrounding area.
1.
Communication service providers are, therefore, encouraged to:
a.
Employ all reasonable measures to site their antenna equipment on existing
structures as facade mounts, roof mounts, or co-location on existing towers
prior to applying for new towers or poles;
b.
Work with other service providers and planning staff to co-locate where
feasible. Where co-location on an existing site is not feasible, develop new
sites which are multi-carrier to facilitate future co-location, thereby reducing
the number of sites countywide;
c.
Develop communication facilities (i.e., tower companies) with commitments
from licensed carriers.
2.
All county agencies, dependent and independent districts, and utility providers shall
be encouraged to permit and streamline co-location of communication facilities on
appropriate existing structures subject to reasonable engineering requirements.
3.
It is the intent of the County to minimize the visual impacts of wireless
communication facilities by limiting the number of facilities; however, the county
realizes that in some instances permitting a number of smaller facilities may be less
visually obtrusive than permitting a single monopole or tower.
Pre-Application Review. Prior to submitting an application for a wireless communication
facility, the applicant is encouraged to schedule a pre-application meeting with planning
department staff to discuss proposed cellular site(s).
Use Permitted. Wireless communication facilities, as defined in Section 17.06.050, shall be
permitted in all zone districts, subject to the following standards and permitting
requirements.
1.
Building facade mounted antennas. In all zone districts, a building facade mounted
antennae may be permitted subject to approval of an administrative permit by the
planning director pursuant to Section 17.22.350 et seq. and subject to the following
criteria. Those facilities not meeting the criteria below are subject to a special use
permit.
a.
No portion of the antenna, support equipment or cables shall project above
the roofline;
b.
The surface area of all antenna panels shall not exceed 10 percent of the
surface area of the facade of the building on which it is mounted or 30 square
feet, whichever is greater;
c.
No portion of the antenna or equipment shall extend out more than twentyfour (24) inches from the facade of the building;
d.
Antennas and equipment shall be constructed and mounted to blend with the
predominant architecture and color of the building or otherwise appear to be
part of the building to which it is attached;
e.
The lowest portion of all antennas shall be located a minimum of fifteen (15)
feet above grade level;
f.
All equipment shelters, cabinets, or other ancillary structures shall be located
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
3.
4.
within the building being utilized for the communication facility, or on the
ground screened from public view. Equipment located on the roof must be
screened from public view from adjacent streets and properties.
Roof mounted antennae. The construction or placement of communication facilities
as roof mounted antennae may be permitted as set forth below:
a.
Except when located adjacent a state highway, in all commercial, industrial
and research and development zone districts, roof mounted antennas may be
permitted subject to approval of an administrative permit by the planning
director pursuant to Section 17.22.350 et seq. and subject to the following
criteria. Those facilities not meeting the above criteria are subject to a
special use permit.
i.
Facilities located on the roof of the building shall be located towards
the center of the roof if technologically feasible. The height of the
facility shall not exceed fifteen (15) feet from the roof top. Facilities
exceeding fifteen (15) feet in height above the roof top shall be
subject to issuance of a special use permit pursuant to Section
17.22.500 et seq.;
ii.
All equipment shelters, cabinets, or other ancillary structures shall be
located within the building being utilized for the communication
facility, or on the ground screened from public view. Equipment
located on the roof must be screened from public view from adjacent
streets and properties by an architecturally compatible parapet wall or
other similar device.
b.
In all other zone districts, and where located adjacent to a state highway or
designated scenic highway, roof mounted antennas shall be subject to
approval of a special use permit by the planning commission pursuant to
Section 17.22.500 et seq.
Co-location on existing non-building structures or public facilities. In all zone
districts, the co-location of antennas on signs, water tanks, utility poles and towers,
light standards and similar structures may be permitted subject to approval of a minor
use permit by the zoning administrator pursuant to Section 17.22.400 et seq. and
subject to the following criteria. Those facilities not meeting the criteria below are
subject to a special use permit.
a.
The antennae shall not exceed fifteen (15) feet in height above the height of
the existing structure. Those that exceed 15 feet are subject to a special use
permit.
b.
The antennae and mounting brackets shall be painted to blend with the design
of the structure, natural features or vegetation of the site;
c.
All equipment shelters, cabinets, or other ancillary structures shall be located
within the structure being utilized for the communication facility, or designed
to blend with surrounding architecture, or on the ground screened from public
view;
d.
If proposed to be attached to a structure, utility pole or tower located within a
public utility easement, both the utility and the property owner must
authorize submittal of an application for such use.
Co-location on existing approved monopoles or towers. In all zone districts, the
placement of antennas on an existing approved monopole or tower may be permitted
subject to approval of a minor use permit by the zoning administrator pursuant to
El Dorado County Zoning Ordinance
(Revised December 2009)
53
E.
F.
54
Section 17.22.400 et seq. and subject to the following criteria. Those facilities not
meeting the criteria below are subject to a special use permit.
a.
New antennae shall be located at or below the topmost existing antenna
array, either on the same pole or a replacement pole at the same height and
within the approved lease area;
b.
New antennae shall not extend out horizontally from the pole more than the
existing widest projection. Use of designs similar to existing antenna array
are encouraged;
c.
All equipment shelters, cabinets, or other ancillary structures shall be located
within the building being utilized for the communication facility, or designed
to blend with surrounding architecture, or on the ground screened from public
view;
d.
The antennae and pole or tower shall be designed to match the existing
facility, natural features or vegetation of the site;
e.
Additional antenna arrays added above the existing approved antenna array
or that requires the tower height to be increased shall be considered a new
tower and shall be subject to the provisions of subsection (D)(5), below.
5.
New towers or monopoles. The construction or placement of communication
facilities on new towers or monopoles or an increase in height of existing towers or
monopoles, may be permitted as set forth below:
a.
In the industrial, commercial and research and development zone districts a
new tower or monopole may be permitted subject to approval of a minor use
permit by the zoning administrator, pursuant to Section 17.22.400, except
where located adjacent to a state highway or designated scenic highway or
within 500 feet of any residential zone district.
b.
In all other zone districts, new towers or monopoles shall be subject to
approval of a special use permit by the planning commission pursuant to
Section 17.22.500 et seq.
6.
Other types of facilities not listed above. Application proposals that do not fit the
above criteria of Sections 1 through 4 will be subject to a special use permit by the
planning commission, as determined by the Planning Director.
Visual. Visual simulations of the wireless communications facility (including all support
facilities) shall be submitted. A visual simulation can consist of either a physical mockup of
the facility, balloon simulation, computer simulation or other means.
Development Standards. The following provisions shall apply in all zone districts. All
facilities shall be conditioned, where applicable, to meet the criteria below:
1.
Screening. All facilities shall be screened with vegetation or landscaping. Where
screening with vegetation is not feasible, the facilities shall be disguised to blend
with the surrounding area (trees, barns, etc.) The facility shall be painted to blend
with the prevalent architecture, natural features or vegetation of the site.
2.
Setbacks. As set forth in each applicable zoning district, except where locating the
facility inside those setbacks is the most practical and unobtrusive location possible
on the proposed site. Setback waivers shall be approved through the minor use
permit process.
3.
Maintenance: All improvements associated with the communication facility,
including equipment shelters, towers, antenna, fencing, and landscaping shall be
properly maintained at all times. Colors of towers and other improvements shall be
(Revised December 2009)
El Dorado County Zoning Ordinance
G.
H.
I.
J.
maintained to ensure the appearance remains consistent with approved conditions
relating to color.
RF Requirements. The application for a land use permit shall contain a report or summary of
the estimates of the non-ionizing radiation generated by the facility. The report shall include
estimates of the maximum electric and magnetic field strengths at the edge of the facility
site, the extent that measurable fields extend in all directions from the facility.
Availability. All existing communication facilities shall be available to other carriers as long
as structural or technological obstacles do not exist.
Unused Facilities. All obsolete or unused communication facilities shall be removed within
six (6) months after the use of that facility has ceased or the facility has been abandoned.
The applicant shall notify the planning department at the time of abandonment and all
disturbance related to the communication facility shall be restored to pre-project condition.
Permit Application Requirements. In order to protect the visual character of established
neighborhoods and to protect school children for potential safety hazards due to a potentially
attractive nuisance, in addition to the noticing requirements of Chapter 17.22, the following
shall be provided by the applicant:
1.
The school district(s) in which the facility is located shall be identified. If the
proposed wireless facility is located within 1000 feet of a school, the school district
listed shall be notified during the initial consultation.
2.
For facilities proposed to be located on residentially-zoned land, the applicant shall
identify any homeowners association established by CC&Rs which might govern the
property. Any homeowners association identified will be notified during the initial
consultation. (Ord. 4589 §1, 2001)
17.14.220 Bed and Breakfast Inns
A.
Purpose. In order to further the development of the tourism and recreation economy of the
County, while protecting the single family residential character of neighborhoods, the
standards set forth in subsection C, below, shall apply to bed and breakfast inns.
B.
Definitions. “Bed and breakfast inn” means any owner-occupied residence that provides
guest rooms, without individual kitchens, for paying guests, as a transient lodging facility.
C.
Standards. Bed and breakfast inns shall be considered an expanded home occupation in
residential and agricultural districts and shall only be authorized by approval of a special use
permit based on the standards provided herein. Bed and breakfast inns within commercial
zone districts are permitted by right pursuant to §17.32.020.
1.
The bed and breakfast inn can provide up to a maximum of 20 guestrooms, which
shall be contained within the primary and secondary residential units and guest house
only, in compliance with the development standards of the applicable residential or
agricultural zone districts.
2.
The property owner shall reside in either the primary or secondary dwelling unit on
site.
3.
Meal service shall be limited to registered guests and shall consist of breakfast and
light snacks as a portion of the overall room rate in compliance with the California
Retail Food Codes enforced by the County (Health and Safety Code §113893).
4.
One, non-internally illuminated sign shall be permitted based on the applicable zone
district standard set forth in Chapter 17.16 unless greater sign area is authorized
under the special use permit. The design of the sign shall be reviewed by the
approving authority for architectural compatibility with the existing or proposed
structure(s).
El Dorado County Zoning Ordinance
(Revised December 2009)
55
5.
6.
7.
8.
9.
10.
11.
Bed and breakfast inns shall have direct access to a maintained road in conformance
with Department of Transportation standards. The entrance, parking area and
walkways shall be illuminated pursuant to Chapter17.14.170 and kept free of
obstructions or hazards of any type.
Kitchens shall be clean, well-maintained and comply with accepted standards of
sanitation and hygiene by conforming to the requirements of the applicable El
Dorado County Environmental Health Department permit.
Bed and breakfast inns shall provide off-street parking at a ratio of one space per
each guest room, plus two spaces required for the principal dwelling. Guest parking
shall be subject to the following:
a.
No guest parking shall be permitted within the required front or side yard
setback.
b.
Tandem parking, meaning two cars parked one behind the other, may be
allowed. Denser parking lot configurations may be allowed if valet parking is
required.
c.
Guest parking shall be designed so as to prohibit the backing of vehicles
directly into any public right of way in order to exit any parking space.
d.
The parking area provided for a bed and breakfast inn may have a gravel
surface.
A bed and breakfast inn consisting of five or fewer guestrooms shall be considered a
single residential dwelling unit or lodging house for the purpose of building codes,
unless additional standards are required by the California Codes, as amended and
adopted by El Dorado County. Six or more guestrooms within one building shall be
subject to further requirements under the California Codes.
Bed and breakfast inns within Agricultural Districts as identified on the General Plan
land use maps or adjacent to land zoned Exclusive Agriculture (AE), Planned
Agriculture (PA), Select Agriculture (SA), Residential Agriculture (RA-20, -40, -60,
-80, -160), or Timberland Production Zone (TPZ) districts must be reviewed by the
Agricultural Commission for compatibility with surrounding agricultural land uses
prior to action by the approving authority.
The operation of a bed and breakfast inn shall be subject to Title 3.28 (Transient
Occupancy Tax) and Title 5.08 (Business License Requirements) of the El Dorado
County Code. The business license shall be posted in a conspicuous place on the
premises prior to operation of the business.
The special use permit may authorize limited ancillary activities such as weddings,
receptions, fund raisers or similar events attended by non-guests, subject to
conditions of approval that include, but are not limited to, restrictions upon the
frequency and time of holding events, duration thereof, and the maximum number of
persons attending. Food preparation, except for the aforementioned breakfast and
light snacks, shall not be permitted to occur in the bed and breakfast inn. Unless
expressly authorized in the special use permit, such ancillary activities are prohibited.
A temporary use permit for an ancillary activity may be processed in situations
where special events are not authorized under the special use permit for the bed and
breakfast inn. Applicable conditions shall be imposed, as determined necessary by
the approving authority, which restrict the number of people attending and offset
other related impacts, in order to maintain the residential character of the surrounding
neighborhood.
56
(Revised December 2009)
El Dorado County Zoning Ordinance
12.
New construction proposed on a bed and breakfast inn site, including buildings not
necessarily proposed for bed and breakfast inn use, or exterior remodeling of the
building(s) to be used for guest accommodations, is subject to architectural review by
the approving authority as part of the special use permit process. This determination
will be based on compatibility with neighborhood building style, building materials
and any historic style indigenous to the area.
17.14.230 Mixed Use Development
A.
Purpose and Intent. The purpose of this chapter is to provide housing and employment
opportunities in proximity in order to more fully and efficiently utilize available land in
Rural Centers and Community Regions. It is further the intent of this section to encourage
the development of affordable housing and pedestrian-oriented communities, to maintain
access to commercial businesses, to enhance the core areas of existing community and rural
centers while protecting historical and cultural amenities and to provide incentives for such
development.
B.
Definition. Properties on which various uses, such as office, commercial, institutional, and
residential, are combined in a single building or on a single site in an integrated development
project with significant functional interrelationships and a coherent physical design. A
“single site” may include contiguous properties.
C.
Applicability. Residential development may occur with permitted commercial development
as provided in Chapter 17.32 where the standards established in §17.14.230 are met.
D.
Residential uses are allowed on separate parcels as the residential component of a mixed-use
development. The residential component of a mixed-use development project may include a
full range of single family and/or multi-family residential design concepts.
E.
Mixed Use Development Limitations. The following criteria shall apply to all mixed use
development projects:
1.
At least 30% of the gross floor area of the mixed-use development project shall be
devoted to commercial uses. “Gross floor area” does not include inner courts,
stairwells or exterior balconies.
2.
Construction of the residential development shall occur following or concurrently
with the construction of the commercial development of the site.
3.
Project Phasing. Mixed-use development projects may be developed in phases.
F.
Development Standards.
1.
The maximum density for residential units in mixed-use developments shall be
sixteen (16) dwelling units per acre in Community Regions, four (4) dwelling units
per acre in Rural Centers or developments without a public sewer connection, and is
prohibited on Platted Lands designated commercial in Rural Regions.
2.
Minimum dwelling unit area shall comply with California Building Code.
3.
Minimum yard: may be built to property lines (back of sidewalk) or other publicly
accessible area.
4.
Mixed-use development may combine up to 20 percent (20%) of the required
residential parking spaces with the commercial spaces as required pursuant to
Chapter 17.18 except where the proposed commercial use will operate during
evening or nighttime hours.
5.
A minimum of one dedicated parking space per dwelling units must be provided.
6.
Off-street parking spaces must be located to the rear of the principal building or
otherwise screened so as to not be visible from public right-of-way or residential
zoning districts.
El Dorado County Zoning Ordinance
(Revised December 2009)
57
7.
G.
58
All mixed-use development shall provide pedestrian walkways or sidewalks
connecting the residential and commercial uses to each other as well as to adjacent
commercial, residential, and civic uses, providing for pedestrian safety.
8.
All mixed-use development shall contain complementary and connected uses that are
mutually supportive of each use and are integrated into the community or
neighborhood it is located.
Findings: To assure the proposed development meets the intent of this section for mixed-use
development and in addition to the findings in section 17.04.030(B), the following findings
shall be made prior to approving a mixed-use project.
1.
Community integration: Development integrates into the existing and planned
community and creates an appropriate internal and external human scale, providing
for pedestrian comfort and amenities.
2.
Land use, building and site layout: The development is an integrated project with
significant functional interrelationships and a coherent physical design. (Ord. 4836
§1, 2009)
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.15
SECOND RESIDENTIAL UNITS ON SINGLE-FAMILY LOTS
Sections:
17.15.010
17.15.020
Purpose.
Authorized creation of second residential unit.
17.15.010 Purpose. The purpose of this chapter is to provide for the development of affordable
housing opportunities by allowing the creation of a second residential unit on all lots zoned for
single-family residential uses. (Ord. 3367 §1, 1983)
17.15.020 Authorized creation of second residential unit.
A.
Notwithstanding any other provision of this title, in all zones that permit single-family
residences, the following shall be allowed by right:
1.
The expansion of an existing single-family dwelling by not more than thirty percent
(30%) of the floor area to provide an attached second residential unit. This unit shall
be attached by a common wall to the primary dwelling unit, or attached to a garage
by a common wall which shares a common wall with the primary dwelling. This unit
shall be provided with a separate entrance.
2.
The construction of a detached single-family residential unit shall not exceed 1,200
square feet of enclosed habitable living area.
B.
Minimum Development Standards. The following development criteria shall apply for all
second residential additions unless a variance is granted per Chapter 17.24:
1.
Minimum parking and improvement standards (Chapter 17.18);
2.
Maximum building height, lot coverage and setbacks and all other development
criteria normally permitted by the subject zone district;
3.
Required public services:
a.
Availability of any serving entity to provide the necessary water and/or sewer
service equivalent to the standards required by the primary residence, or
b.
If no public services are available, the provision of domestic water and
sewage disposal, as approved by the Division of Environmental Health, shall
be required.
4.
One of the single-family residential units shall be occupied by the property owner.
This chapter is not intended to permit two rental residential units on lots zoned for
one single-family residence.
C.
Second Residential Unit Building Permit. Prior to construction or creation of any second
residential facility authorized by Section 17.15.010, the owner/applicant shall obtain a
building permit from the county building department. Prior to issuance of any such permit,
the building department shall require a declaration by the owner that the improvement
covered by the permit does not violate any private building restriction or deed restriction of
the subject property.
D.
The second dwelling unit shall be architecturally compatible with the primary residence.
The single-family structure shall maintain its single-family character. (Ord. 4560 §1, 2000)
El Dorado County Zoning Ordinance
(Revised December 2009)
59
THIS SPACE INTENTIONALLY LEFT BLANK.
60
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.16
SIGNS
Sections:
17.16.010
17.16.020
17.16.030
17.16.040
17.16.050
17.16.060
17.16.070
17.16.080
17.16.090
17.16.100
17.16.110
17.16.120
Exception—Official public signs.
Exception—Identification sign.
Exception—Wall signs.
Face used to determine area.
Location.
Resemblance to traffic signs prohibited.
Lighting.
Moving signs prohibited.
Three-dimensional signs.
Number permitted.
Special use in one district nontransferable.
Off-premises signs.
17.16.010 Exception—Official public signs. Sign provisions shall not apply to official public signs
located within the public rights-of-way. (Prior code §9430(i)(1))
17.16.020 Exception—Identification sign. Sign area provisions shall not apply to signs expressing
by letter, figures or symbols, direction or identification such as address, name, access or parking, and
not exceeding four square feet each. (Prior code §9430(i)(2))
17.16.030 Exception—Wall signs. Sign area provisions shall not apply to signs using the wall of a
building as the surface or attached to the wall of a building, providing the signs do not project more
than twelve inches beyond the exterior face of the wall, providing the wall is a non-projecting,
integral part of the building and providing the aggregate area of the wall sign does not exceed twenty
percent of the total area of the wall; and further provided that the signs shall advertise only such
general product, or products, and/or service, or services, as is or are actually sold, dispensed or
rendered on the premises. (Prior code §9430(i)(3))
17.16.040 Face used to determine area. Sign area provisions shall apply to the overall display
surface of the single largest face of the sign and not to the aggregate of display faces. (Prior code
§9430(i)(4))
17.16.050 Location. Signs may be located on the required yards or setbacks, providing they do not
constitute a hazard to pedestrians or vehicular traffic, do not conceal from view any public sign or
traffic signal and are not located on nor extend onto or project over public right-of-way without
having first obtained a written revocable permit from the director of department of transportation to
do so. Signs must comply with zoning requirements and shall be allowed only where the county
road right-of-way is one hundred feet or more in width and where the traveled way and shoulders do
El Dorado County Zoning Ordinance
(Revised December 2009)
61
not cover the entire right-of-way. Fees for the permit shall be established, paid and expended as
provided in Section 12.08.160. The board of supervisors may appoint one or more local committees
to advise and make recommendations to the director of department of transportation and the board of
supervisors regarding the issuance of the permits. When any such committee has been appointed by
the board of supervisors, the director of department of transportation shall refer pertinent requests for
the permits to the appropriate committee for recommendation prior to issuance of the permit. (Ord.
3766 §65, 1987: prior code §9430(i)(5))
17.16.060 Resemblance to traffic signs prohibited. Signs shall not resemble any official traffic or
identification signs or signals, or use terms such as "stop" or "danger" in a manner which might
create public confusion. (Prior code §9430(i)(6))
17.16.070 Lighting. Lighted signs shall not be blinking and shall be controlled so that visibility of
vehicular traffic is not impaired, and objectionable glare is shielded from adjoining residential zones.
(Prior code §9430(i)(7))
17.16.080 Moving signs prohibited. Moving signs or parts of signs shall not be allowed. (Prior
code §9430 (i)(8))
17.16.090 Three-dimensional signs. Three-dimensional signs shall be allowed, providing they are
nonrepresentational. (Prior code §9430(i)(9))
17.16.100 Number permitted. It shall not be construed that, as a matter of right, the use of more
than two signs shall be allowed subject to the exceptions contained in Section 17.16.010 and
17.16.020. (Prior code §9430(i)(10))
17.16.110 Special use in one district nontransferable. It shall not be construed that an allowable
sign by special use permit in one or more land use districts shall be deemed allowable as a matter of
right in any other district or districts not expressly providing for the use. (Prior code §9430(i)(11))
17.16.120 Off-premises signs.
A.
Off-premises signs, not otherwise regulated by this title, may be established by special use
permit upon following the procedure set forth in Chapter 17.22.
B.
Prior to the issuance of a special use permit for off-premises signs, the zoning administrator
shall consider the location, size and display of the sign for compliance with the policies of
the general plan land use element. (Ord. 3414, 1983)
62
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.18
OFF-STREET PARKING AND LOADING
Sections:
17.18.010
17.18.020
17.18.030
17.18.040
17.18.050
17.18.060
17.18.070
17.18.080
17.18.090
Purpose and intent.
Off-street parking required.
Parking design standards.
Adjustments and special parking requirements.
Off-street parking requirements.
Schedule of off-street vehicle parking requirements.
Parking lot construction standards.
Off-street loading construction standards.
Parking lot landscaping and buffering.
17.18.010 Purpose and intent. The purpose of the off-street parking and loading standards required
in this section are intended to promote the health, safety, and welfare by reducing street congestion,
traffic hazards, and to provide safe and convenient access to businesses, public services and places of
public assembly, and to ensure compatibility with surrounding land uses. (Ord. 3775 (part), 1987)
17.18.020 Off-street parking required. At the time of the construction of any building/structure or
the expansion or addition to increase the floor area, lot coverage, or seating capacity, or at such time
that a more intensive land use is established requiring more parking than a previous use or at the
time an application request for a special use permit, planned development or variance is filed, a site
plan showing all off-street parking spaces, parking aisles, and ingress and egress to parking areas
shall be required. (Ord. 3775 (part), 1987)
17.18.030 Parking design standards. All off-street parking areas shall be designed and improved as
hereinafter provided:
A.
Parking Spaces and Aisle Dimensions. All off-street parking spaces shall have a minimum
area of nine feet in width and eighteen feet in length, except for compact car spaces,
handicapped spaces, and recreational vehicle spaces as provided in Section 17.18.040 of this
chapter.
1.
Angle Parking. The dimensions of parking stalls and aisle widths shall be based on
the degree of the parking angle pursuant to the chart codified at the end of this
chapter.
2.
Parallel Parking. The dimensions of parallel parking spaces shall be nine feet in
width and twenty-two feet in length. Aisle dimensions for parallel parking spaces
shall be twelve feet in width for one-way traffic and twenty-four feet in width for
two-way traffic.
El Dorado County Zoning Ordinance
(Revised December 2009)
63
B.
64
Parking Lot Design Standards.
1.
Controlled Access. Every parking and loading stall shall be individually accessible
from the drive aisle without displacement of other vehicles.
2.
Parking Stalls. Except for one and two family dwellings, parking stalls shall be
designed so as to prohibit the backing of vehicles directly into any public
right-of-way in order to exit any parking space.
3.
Access Driveway Width. Driveway access width to a parking lot from any street or
between separate parking areas on a site, shall be a minimum of twelve feet for
one-way access and twenty-four feet for two-way access. The width of two-way
driveways for commercial and industrial developments offering multiple directional
turning shall be thirty feet for the first twenty feet from the encroachment. The
encroachment shall be constructed with a flared design.
4.
Access Drive Location. Parking area ingress and egress driveways shall be located a
minimum of one hundred fifty feet from the intersection of two major arterials; one
hundred feet from the intersection of a major arterial and collector street; and seventy
feet from the intersection of two collector streets or a collector and local street.
Measurements shall be measured from the centerline of the nearest travel lane of the
intersecting streets and the centerline of the driveway.
5.
Number of Driveways. Ingress and egress driveways to parking areas from a street
or highway for a single site or parcel shall be limited to two along the frontage of any
street for parcels containing one acre or less. Driveways on the same site or parcels
shall be separated a minimum of fifty feet as measured from centerline to centerline.
6.
Drop-off/Loading Areas Required. Parking lots for public assembly, major retail
shopping facilities, and certain apartments and motel/hotels shall include a
designated on-site location for drop-off and loading of passengers at an entrance to
the facility. Drop-off areas shall consist of vehicle turnout lanes located outside of
the normal travel lanes with minimum dimensions of thirty-five feet in length and ten
feet in width. Drop-off and loading areas shall be required for the following uses:
a.
Apartments containing fifty units or more;
b.
General retail commercial uses containing thirty thousand square feet or more
of building area;
c.
Hotels/motels containing fifty units or more;
d.
Private and public schools with fifty or more students;
e.
Public buildings open for general use by the public;
f.
Public transportation facilities;
g.
Day use recreation areas:
i.
River recreational use areas,
ii.
Ski lift complex.
7.
Parking Area Gradient. All parking areas shall be graded to provide adequate
drainage to all surface areas and shall drain into a street, alley, or drainage
improvement. The gradient of all parking surfaces and aisles shall not exceed six
percent. Driveways serving parking areas shall not exceed an eighteen-percent
gradient. Driveways serving parking areas that are above three thousand feet
elevation shall not exceed ten percent gradient.
(Revised December 2009)
El Dorado County Zoning Ordinance
8.
Snow Removal Storage. Parking areas located at the four-thousand-foot elevation or
higher shall provide snow removal storage areas. Such storage areas shall be
equivalent to ten percent of the surface used for parking and access and shall not
utilize any required parking spaces. Landscaping requirements, as set forth in
Section 17.18.080, may be modified to accommodate snow storage and removal.
(Ord. 3775 (part), 1987)
17.18.040 Adjustments and special parking requirements.
A.
Compact Car Spaces. Parking requirements for commercial or industrial uses requiring ten
or more parking spaces may include compact car spaces for up to thirty-five percent of the
number of the required parking spaces. Multiple-family residential developments containing
ten or more units may include compact car spaces for up to fifty percent of the required
visitor parking spaces.
"Compact cars," as used in this chapter, shall include those vehicles with a wheel base not to
exceed one hundred inches or an overall length not to exceed one hundred seventy-five
inches.
Compact car spaces shall be a minimum of eight feet in width and sixteen feet in length. All
compact car parking spaces shall be clearly marked by painting on the surface of the parking
stall "compact cars only" or signing for "compact only."
B.
Handicap Parking. Physically handicapped parking shall be provided as required as follows:
Total Number of Parking Spaces
1 — 40
41 — 80
81 — 120
121 — 160
161 — 300
301 — 400
401 — 500
Over 500
C.
Number of Handicap Spaces
1
2
3
4
5
6
7
1 per each additional 200 spaces
Handicapped parking stalls shall have a minimum area of fourteen feet in width and eighteen
feet in depth, with a marked parking stall of ten feet in width and a loading/unloading area
four feet in width. All handicap spaces shall be identified by a permanently affixed
reflectorized sign displaying the international symbol of handicap accessibility. See chart at
the end of this chapter.
Recreational Vehicle Parking/Storage. When it is determined by the approving authority, as
provided in Section 17.18.040D, that the use or activity will promote or encourage
recreational vehicle parking, such parking spaces shall be designed to minimize conflicts
with the parking and circulation otherwise required. Recreational vehicle parking stalls shall
be a minimum of ten feet in width and thirty-five feet in length for permanent storage.
Where recreational parking/storage areas are provided in association with a mobile home
park, townhouse, apartment, or cluster residential development, such parking shall be
screened with fencing or landscaping. Where recreational parking/storage is conducted in
residential zones, such parking or storage shall not encroach into the required front-yard
setback.
El Dorado County Zoning Ordinance
(Revised December 2009)
65
D.
E.
F.
Increases and Decreases in Requirements.
1.
Increases. The number of parking spaces required by this chapter may be increased
by the approving authority as a condition of a special use permit or planned
development permit where it is determined that the proposed use would have a
parking demand in excess of the requirements of this chapter.
2.
Decreases. Administrative relief from the strict compliance with the provisions for
commercial and industrial uses may be granted where the planning director or
planning commission finds all of the following:
a.
The intent of the parking ordinance is preserved;
b.
The parking provided is sufficient to serve the use for which it is intended;
c.
The modification will not be detrimental to the public health or safety.
In considering requests for reduction in the number of parking spaces, the approving
authority shall consider:
1.
Size and type of use or activity;
2.
Composition and number of tenants;
3.
Peak traffic and parking loads;
4.
Rate of turnover;
5.
Availability of public transportation including carpools or employer-provided
transportation.
Shared Parking. Where two or more nonresidential uses on a single site are developed as a
recognized shopping or professional center and have distinct and differing hours of use and
peak traffic period, e.g., a theater and a bank, the required parking may be adjusted by the
planning commission; provided, that the reduction does not exceed fifty percent of the
amount of spaces required by the most intensive of the two or more uses sharing the parking.
Such reductions shall apply only to those spaces located within three hundred feet of the
affected use.
Off-site Parking. Required parking may be located off-site when all of the following
requirements are met:
1.
Off-site parking for commercial or industrial uses is located on a site where parking
is otherwise allowed and is located within five hundred feet of the site which it is
intended to serve.
2.
There shall be no hazardous traffic safety conditions for pedestrians utilizing off-site
parking facility.
3.
A parking covenant subject to the approval of county counsel is recorded between all
concerned parties ensuring the continued availability of the off-site parking facilities
for the life of the use that it is intended to serve. (Ord. 3775 (part), 1987)
17.18.050 Off-street parking requirements.
A.
Parking Requirements. Off-street parking shall be provided in accordance with the schedule
shown in Section 17.18.060 of this chapter, unless otherwise provided.
B.
Uses Not Listed. Where parking requirements for a use are not specifically listed in the
matrix, parking requirements for that use shall be determined on the basis of the parking
requirements for the most similar use or activity for which parking requirements are
established in the matrix.
C.
Multiple Uses. In situations where a combination of uses or activities are developed on a
single site, parking shall be provided for each of these uses according to the schedule given
in this chapter unless a reduction is granted pursuant to Section 17.18.040D.
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(Revised December 2009)
El Dorado County Zoning Ordinance
D.
E.
Parking Requirements for Nonconforming Uses.
1.
No additional parking spaces shall be required for those existing uses not in
compliance with the parking standards on the effective date of the ordinance codified
in this chapter.
2.
Whenever the use of any premises which is not in compliance with the parking
standards of this code is enlarged, expanded, or intensified additional parking spaces
consistent with this code shall be provided only for the enlargement, expansion, or
intensification and not for the entire use.
3.
Whenever the use of any premises which is not in compliance with the parking
standards of this code is changed to a use where a higher parking demand is identified, additional parking spaces consistent with this code shall be provided only for
the additional intensity of the use and not for the entire use. When the new use
generates a lower parking demand, no additional parking spaces will be required.
4.
Improvement of existing parking area consistent with the standards of Section
17.18.060 of this chapter in lieu of the provision of additional spaces required by
subdivisions 2 and 3 of this subsection, may be permitted pursuant to approval of a
special use permit. Such permit shall only be approved if the planning director or
planning commission makes all of the findings of Section 17.18.040D2 of this
chapter.
Application for Previous Approvals. Projects with approved unexpired building permits,
special use permits, planned development permits, variance permits, and design review or
applications filed for permits, including design review, which have been deemed to be
complete prior to the effective date of the ordinance codified in this chapter, must only meet
the parking requirements in effect on the date those permits were approved or deemed
complete. New permits and renewals for permits made after the effective date of the
ordinance codified in this chapter, shall be subject to the provisions required in this chapter.
(Ord. 3775 (part), 1987)
17.18.060 Schedule of off-street vehicle parking requirements.
USE
MINIMUM OFF-STREET PARKING
Residential
1.
Conventional single-family detached
2 spaces not in tandem
2.
Single-family with second unit (granny
flat; guest house)
2 spaces not in tandem plus 1 space for each
additional unit
3.
Single-family attached (townhouse,
condominium, cluster development)
2 spaces not in tandem per unit
4.
Apartments:
Studio/1 bedroom
Two or more bedrooms
El Dorado County Zoning Ordinance
1.6 spaces per unit
2 spaces per unit
(Revised December 2009)
67
USE
MINIMUM OFF-STREET PARKING
5.
Roominghouses, boarding homes, clubs
or fraternity housing with sleeping
facilities
1 space per bedroom
6.
Mobile home park
2 spaces per mobile home space plus 1 visitor
space for every 5 units
Commercial
7.
Auto repair, auto parts sales and auto
service stations
1 space for each 300 square feet of retail
space and office area plus 3 spaces for each
service bay
8.
Auto sales
1 customer space per 500 square feet of gross
sales area. Customer parking shall not be
used for display areas
9.
Auto washing (self-service/coinoperated)
2 spaces per washing stall. Stacking lane
credit will be given a basis of 1 space per 24
feet of stacking lane, providing the stacking
lane is separate from the access driveway and
does not block access to any parking space
10.
Barber or beauty shop
2 spaces per chair or station
11.
Banks and saving institutions
1 space per 250 square feet of gross floor area
12.
Hotel/motel
1 space per room plus 1 recreational vehicle
space for every 10 units
13.
Lumberyard (retail), nurseries, and home
service center
1 space per 300 square feet of enclosed gross
retail sales floor area
14.
Offices (general)
1 space per 250 square feet of gross floor area
15.
Offices (medical)
1 space per 150 square feet of gross floor area
16.
Restaurant (nonfast food), bars, cocktail
lounge
1 space per three fixed seats or equivalent
occupancy per Uniform Building Code plus 1
recreational vehicle space per each 10 parking
spaces
17.
Restaurant (fast food) (with driveup/drive-through windows)
1 space per 3 fixed seats or equivalent
occupancy plus 3 spaces per drive-up
window. Where drive-up windows are
provided stacking lane credit will be given on
a basis of 1 space per 24 feet of stacking lane
providing the stacking lane is separate from
the access driveway and does not block access
68
(Revised December 2009)
El Dorado County Zoning Ordinance
USE
MINIMUM OFF-STREET PARKING
to any parking space. One recreational
vehicle space per each 10 parking spaces.
18.
Retail (general merchandising not in a
shopping center)
1 space per 300 square feet of gross floor area
19.
Retail furniture and appliance sales and
repair
1 space per 500 square feet of gross display
and sales area plus 1 space per each 1000
square feet of warehouse storage area
20.
Shopping centers:
a.
Neighborhood
b.
District/Community
c.
Regional
1 space per 200 square feet of gross floor area
1 space per 250 square feet of gross floor area
1 space per 300 square feet of gross floor area
Educational
21.
Libraries, museums, and art galleries
1 space per 300 square feet of gross floor area
22.
Preschool, nursery schools, and daycare
facilities
1 space per each 5 children or 1 space for
each 10 children if drop-off area is provided
23.
Elementary, junior high schools, and
administrative buildings
1 1/2 spaces per classroom
24.
High schools
6 spaces per classroom plus 1 space per each
35 square feet of auditorium area
25.
Colleges
8 spaces per classroom plus 1 space per each
35 square feet of auditorium area
26.
Business colleges and trade schools
1 space per 75 square feet of gross floor area
of classroom plus 1 space per staff member
Health Services
27.
Convalescent hospitals, nursing homes,
clinics
1 space per 3 beds
28.
Hospitals
1 1/2 spaces per bed
29.
Veterinary clinics and hospitals
1 space per 250 feet of gross floor area
exclusive of kennel boarding area
Industrial
El Dorado County Zoning Ordinance
(Revised December 2009)
69
30.
USE
Light and limited industrial
manufacturing
MINIMUM OFF-STREET PARKING
1 space per 400 square feet of gross area
devoted to manufacturing
31.
Research and development
1 space per 250 square feet of gross floor area
32.
Heavy manufacturing
1 space per 500 square feet of gross floor area
up to 20,000 plus 1 space per each 1000
square feet of gross floor area over 20,000
square feet
33.
Warehousing (general)
1 space plus 1 space per each 2000 square feet
of floor area
34.
Warehouse (mini)
1 space plus 1 space per each 30 units or
fraction thereof
Recreation
35.
Arcades, including video electronic
games
1 space per 150 square feet of gross floor area
36.
Bowling alleys [includes all other related
uses (i.e., restaurant, bar)]
5 spaces per alley
37.
Campground
1 parking space per every 3 day users plus 1
space per each designated camping space, or
as otherwise determined by the approving
authority as provided in Section 17.18.040(D)
based on the size of the facility, number of
activities provided, intensity of use and
impacts to surrounding community.
Campground parking facilities shall be graded
and surfaced with 2 inches of aggregate base
a.
River Use Permits
1 parking space per every 3 day users plus 1
space per each designated camping space, or
as otherwise determined by the approving
authority as provided in Section
17.18.040(D) based on the size of the
facility, number of activities provided,
intensity of use and impacts to surrounding
community
38.
Golf courses (regulation) [includes all
other related uses (i.e., restaurant, bar,
etc.)]
8 spaces per hole
39.
Golf courses (miniature)
3 spaces per hole plus 1 space per 250
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El Dorado County Zoning Ordinance
USE
MINIMUM OFF-STREET PARKING
square feet of gross building area used for
commercial purposes
40.
Health spas, gym
1 space per 300 square feet of gross use area
41.
Park (day use site)
Shall be determined by the approving
authority as provided in Section
17.18.040(D) based on the size of the
facility, number of activities provided,
intensity of use and impacts to surrounding
community
42.
Ski facility (day skier lift complex)
1 space per every 2.7 users based on total
ski lift area capacity. All parking areas shall
be surfaced with a minimum of 2 inches of
asphaltic concrete over 6 inches of Class 2
aggregate base surfacing. Modifications
shall be determined based on the R values
(hardness) of the area soils (Ref. CalTrans
Highway Design Manual)
43.
Tennis, handball, racquetball facilities
3 spaces per court
44.
Theaters, movies
1 space per 3 seats
Miscellaneous
45.
Churches and other places of public
assembly including banquet facilities,
convention facilities, and community
centers
46.
Ranch marketing
a.
Agricultural product sales area
1 space per 4 seats within the main
auditorium or 1 space per 300 square feet of
gross floor area used for exhibitions
1 space per 250 square feet of gross building
area
b.
Craft sales area
3 spaces per each concession plus 1 space
per 200 square feet of sales use area
c.
Bakery
1 space per 250 square feet of gross building
area plus 1 space per every 3 seats
d.
Restaurant/cafe
El Dorado County Zoning Ordinance
1 space per 3 fixed seats or equivalent
occupancy per Uniform Building Code plus
one recreational vehicle space per each 10
(Revised December 2009)
71
USE
e.
Picnic area
MINIMUM OFF-STREET PARKING
parking spaces
2 spaces per picnic table
Note: Off-street parking areas for Ranch Marketing activities shall be graded and surfaced with a
minimum of two inches of aggregate base. Where such off-street parking is provided within
an orchard or tree farm, parking areas need not be improved, but shall be subject to a parking
plan approved by the planning director. Where off-street parallel parking is provided
adjacent to a county-maintained prescriptive road, said parking shall maintain a minimum
setback of four feet from the edge of the improved road surface.
No parking shall be permitted within an improved public road surface or right-of-way. Parking areas shall be designed so that there shall be no backing of vehicles directly onto any
improved road or right-of-way.
(Ord. 3775 (part), 1987)
17.18.070 Parking lot construction standards.
A.
Commercial and Industrial Parking. Parking areas for commercial and industrial
developments shall be graded and surfaced with a minimum of two inches of asphaltic
concrete over four inches of aggregate base or equivalent in concrete.
B.
Multiple Family and Mobile Home Park Parking. Parking areas for multiple-family
residential and mobile home park developments requiring more than four parking spaces
shall be constructed to the same requirements as commercial and industrial parking areas.
Parking access for multiple- family developments and mobile home parks requiring four or
fewer parking spaces shall be graded and surfaced with a minimum of a double application
of bituminous seal coating over four inches of Class 2 aggregate base. The base shall be
compacted to ninety-five percent. Parking spaces within a carport shall be a minimum
dimension of nine feet in width and twenty feet in depth.
C.
Single Family Parking. Parking areas for single- family residential developments in Class 1
subdivisions and mobile home park developments shall be graded and surfaced with a
minimum of two inches of asphaltic concrete over four inches of aggregate base or
equivalent in concrete. All other single-family residential parking areas may be constructed
within a minimum of four inches of gravel base or equivalent, compacted to ninety-five
percent.
D.
Striping. All parking stall spaces shall be clearly delineated with white or yellow painting.
E.
Vertical Clearance. Every parking stall and aisle shall have a minimum of eight feet vertical
clearance.
F.
Maintenance. All parking stalls, aisles, and access driveways shall be maintained in good
condition and shall be kept free of debris and outside storage.
G.
Wheel Stops. All parking stalls other than for single-family residential parking shall provide
concrete wheel stops to prevent vehicles from encroaching into or onto public right-of-way
and adjoining properties. Wheel stops shall be anchored securely to the asphalt. In developments where sidewalks or concrete curbs are provided, such sidewalks or curbs may serve
as the wheel stops, provided vehicle overhang over the sidewalk or planter area does not
exceed two feet.
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El Dorado County Zoning Ordinance
H.
Directional Arrows and Signage. Aisles, approach lanes, pedestrian crossings, and
drop-off/loading areas shall be clearly marked with directional lines and signs to expedite
traffic movement. (Ord. 3775 (part), 1987)
17.18.080 Off-street loading construction standards.
A.
Commercial Loading Areas. Loading areas for commercial developments shall be graded
and surfaced with a minimum of two inches of asphaltic concrete over four inches of
aggregate base.
B.
Industrial Loading Areas. Loading areas for light industrial and research and development
uses shall be graded and surfaced with a minimum of two inches of asphaltic concrete over
four inches of aggregate base. Loading areas for heavy industrial uses may be surfaced with
a six-inch Class 2 aggregate base or equivalent, compacted to ninety-five percent and shall
be maintained in a dust-free manner.
C.
General Provisions.
1.
All commercial and industrial uses shall provide and maintain off-street loading
spaces as required herein:
Use
(Gross Floor Area)
Loading Spaces Required
Commercial/industrial
0 — 15,000
15,001 — 40,000
40,001 — 90,000
90,000 — 150,000
Over 150,000
1
2
3
4
5
Hospitals
0 — 50,000
50,001 — 100,000
Over 100,000
1 + 1 ambulance space
2 + 2 ambulance spaces
3 + 3 ambulance spaces
2.
D.
Loading spaces must be a minimum of twelve feet in width, forty feet in length with
a fourteen-foot vertical clearance.
3.
Industrial sites shall be self-contained and capable of handling all truck loading,
maneuvering and docking on-site. The use of public rights-of-way for staging and/or
maneuvering is prohibited.
4.
All loading spaces, docking areas, and maneuvering areas shall be clearly delineated
and kept free of storage and debris.
Modification of Loading Zone Requirements. The planning commission may modify the
loading zone requirements in special circumstances based on the specific nature of the use or
combination of uses; the design characteristics of the project and site dimensions; the
impacts to surrounding properties; and public safety. (Ord. 3775 (part), 1987)
El Dorado County Zoning Ordinance
(Revised December 2009)
73
17.18.090 Parking lot landscaping and buffering. At the time of development of any off-street
parking lot required by this chapter, landscaping and buffers shall be required in accordance with the
provisions of this section.
A.
Landscape Area Required. All open automobile parking areas that contain five or more
parking spaces shall provide a landscape buffer along those property boundaries where the
parking facility abuts or adjoins a public road, street or highway or abuts a property under
different ownership or zoning district. Where a parking facility contains ten or more parking
spaces, additional landscaping equivalent to five percent of the gross area used for parking
and access purposes, exclusive of the landscape buffer, shall be devoted to landscaping.
B.
Landscape Plan Required. Prior to the issuance of any building permit which is subject to
parking lot landscaping as required by this chapter, a landscape plan subject to the approval
of the planning director shall be required. The landscape plan shall designate all areas to be
landscaped and shall include the location, size, variety and number of all plant materials and
water supply. All landscaping shall be installed and maintained in accordance with the
approved landscape plan.
C.
Landscape Improvement Standards. Landscaping for parking lot facilities shall be required
as follows:
1.
Landscaped buffers along a public road, street or highway or property under a
different ownership or zoning district shall be a minimum of five feet in width,
exclusive of any curbs, and shall be measured from the property line.
2.
Landscaping within a parking facility other than the landscape buffers, shall have a
minimum dimension of four feet and a minimum area to twenty square feet, exclusive of any curbs.
3.
A minimum of three trees and six shrubs shall be provided per each one hundred feet
in the landscape buffers required along the property boundaries and public roads,
streets or highways. The size and species shall be approved by the planning director.
4.
At least one tree having a minimum size of fifteen gallons or equivalent shall be
provided for each ten parking spaces exclusive of the landscape buffers.
5.
All plant materials shall be nonpoisonous and shall be maintained free from weeds,
debris and undesirable materials. Plant materials showing damage from insects or
disease shall be replaced in accordance with the approved landscape plan.
6.
Vehicles may overhang landscaped planters a maximum of two feet, providing that
the landscape area maintains a minimum unobstructed width of three feet and permanent curbs, bumper or wheel stops or similar devices are installed.
7.
Landscaped areas shall emphasize the use of living plant material. However, the use
of bark, decorative rock, water and similar materials or features may be utilized,
providing such materials do not exceed thirty percent of the required landscape area.
D.
Requirements for Existing Parking Areas Not in Conformance with Landscaping Standards.
1.
Whenever existing uses not in compliance with the parking or landscaping standards
of this chapter are transferred to new owners or when new uses are initiated within
existing structures that do not require, under this code, the provision of additional
parking spaces, the landscaping improvements shall not be required.
2.
Whenever the use of any premises which is not in compliance with the parking or
landscaping standards of this code is changed so that this code requires the provision
of additional parking spaces and landscaping, and the landscaping standards shall
apply only to the additional parking area.
3.
Whenever existing structures or development on a site, the use of which is not in
compliance with the parking or landscaping standards of this code, is enlarged, mod-
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El Dorado County Zoning Ordinance
4.
ified, or redeveloped so that fifty percent or more of the coverage of the site is
affected, the landscaping standards shall apply.
Where an application for a proposed change in use or alteration of an existing
structure, as required by subdivisions 2 and 3 of this subsection, does not comply
with the required landscaping standards of Section 17.18.080 and the applicant
believes that the intent of the landscaping requirements can be met in an alternative
manner, then the applicant may apply for a special use permit for approval of such
alternative. Such permit shall only be approved if the planning director or planning
commission makes all of the findings of Section 17.18.040D2 of this chapter. In
considering requests for the reduction or substitution of landscaping requirements,
the approving authority shall consider:
a.
Adjacent land use(s);
b.
The nature of the proposed change in use or alteration of existing structure(s)
and existing site conditions;
c.
The suitability of alternatives, if any, proposed by the applicant to meet the
intent of landscaping requirements. (Ord. 3775 (part), 1987)
El Dorado County Zoning Ordinance
(Revised December 2009)
75
DIMENSIONS OF PARKING STALLS & AISLES
76
(Revised December 2009)
El Dorado County Zoning Ordinance
EXAMPLES: HANDICAPPED PARKING
El Dorado County Zoning Ordinance
(Revised December 2009)
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El Dorado County Zoning Ordinance
Chapter 17.19
MISSOURI FLAT PLANNING COST REIMBURSEMENT FEE
Sections:
17.19.010
17.19.020
17.19.030
17.19.040
17.19.050
17.19.060
17.19.070
17.19.080
17.19.090
17.19.100
17.19.110
Title, Purpose and Intent.
Definition.
Findings of Board of Supervisors.
Fee Requirement.
Amount of Fee.
Time of Payment; Refunds.
Uses of Fee Revenue.
Creation of Fee Account.
Fee Credits.
Fee Exemptions.
Separability.
17.19.010 Title, Purpose and Intent. This chapter shall be known as the Missouri Flat Planning Cost
Reimbursement Fee ordinance. It authorizes a Missouri Flat Master Circulation and Funding Plan
Reimbursement Fee, as described in the Missouri Flat Master Circulation and Funding Plan. It is the
intent of this chapter to establish equity among future developers who derive benefit from the Master
Circulation and Funding Plan, and its supporting documents (including California Environmental
Quality Act compliance), by reimbursing El Dorado County for the costs incurred in the preparation
and adoption of the Missouri Flat Master Circulation and Funding Plan and related activities. El
Dorado County, in turn, may use fees collected pursuant to this chapter to reimburse initial
participating developers for their financial contributions toward adoption of the Missouri Flat Master
Circulation and Funding Plan. Any such reimbursement commitments shall be documented in
written agreements between the County of El Dorado and the specific developers. (Ord. 4565, §1,
2000)
17.19.020 Definitions.
A.
“Initial Participating Developers” shall mean those persons or entities who participated in
funding the development and preparation of the Missouri Flat Master Circulation and
Funding Plan pursuant to the Cooperative Funding Agreement.
B.
“Cooperative Funding Agreement” shall mean that certain Missouri Flat Road Circulation
Plan Funding Agreement dated April 15, 1997, by and between the County of El Dorado,
Sundance Plaza Associates, Ltd., Wal-Mart Stores, Inc., and Village/El Dorado Partners,
L.P., as amended.
El Dorado County Zoning Ordinance
(Revised December 2009)
79
C.
D.
E.
“Eligible Costs” shall mean all costs incurred by the County in the preparation of the
MC&FP including, but not limited to, costs for environmental, engineering, traffic
engineering, financial, economic, drafting and legal consulting services. Eligible costs shall
include, but are not limited to, those costs for which funding was provided under the
Cooperative Funding Agreement. Eligible costs may also include legal costs incurred in any
action in which the validity of the MC&FP is challenged.
“Missouri Flat Area” shall mean that area identified as the Missouri Flat Road Project Area
in Exhibit “A” to Ordinance No. 4556.
“Missouri Flat Master Circulation and Funding Plan” or “MC&FP” shall mean the Missouri
Flat Master Circulation and Funding Plan adopted by the Board of Supervisors on December
15, 1998, as amended. (Ord. 4565, §1, 2000)
17.19.030 Findings of Board of Supervisors. In establishing the MC&FP Reimbursement Fee, the
Board of Supervisors finds as follows:
A.
The Missouri Flat Master Circulation and Funding Plan was prepared and adopted by the
County in order to provide a comprehensive and coordinated approach to address both
existing traffic congestion in the Missouri Flat Area and the issue of providing capacity for
future development in the Missouri Flat Area. Attempting to address these issues on a
project-by-project basis as development occurs would be uneconomic and may be infeasible.
B.
Substantial costs were incurred by the County in preparing the MC&FP and supporting
documents including, but not limited to, a Program Environmental Impact Report. Certain
private entities bore a portion of the costs incurred by the County pursuant to the terms of the
Cooperative Funding Agreement.
C.
Persons or entities seeking to develop non-residential projects in the Missouri Flat Area will
derive substantial benefits from the preparation and adoption of the MC&FP in that: (1)
environmental documents prepared in connection with the MC&FP, including the Program
EIR, substantially reduce the scope and cost of environmental review otherwise required in
connection with subsequent development projects; (2) preparation of the MC&FP
substantially reduces the scope and cost of planning review otherwise required in connection
with subsequent development projects; (3) the MC&FP provides a mechanism for addressing
both existing traffic congestion and future capacity needs in a comprehensive manner not
feasible in the context of individual project review; (4) the MC&FP provides a mechanism to
mitigate certain traffic impacts of future non-residential development in a manner not
feasible in the context of individual project review; (5) the MC&FP may reduce or eliminate
the need to consider implementation of discretionary review procedures for development to
ensure that potential traffic impacts of development otherwise requiring only ministerial
approvals are addressed; and, (6) the MC&FP will enable necessary road improvements and
thereby will facilitate future economic development in El Dorado County and the Missouri
Flat Area.
D.
The establishment of the fee provided in this chapter is based upon the lawful exercise of the
County’s police power and is consistent with all applicable state laws. (Ord. 4565, §1, 2000)
17.19.040 Fee Requirement. A Missouri Flat Planning Cost Reimbursement Fee is established to
reimburse the County and/or private parties for expenses associated with preparing and adopting the
Missouri Flat Master Circulation and Funding Plan. The Reimbursement Fee shall be applicable to
all non-residential development requiring a building permit within the Missouri Flat Area, except as
otherwise provided in this chapter. (Ord. 4565, §1, 2000)
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El Dorado County Zoning Ordinance
17.19.050 Amount of Fee. The Reimbursement Fee will be established by a Resolution adopted by
the Board of Supervisors pursuant to this chapter. The Resolution shall describe and document the
costs to be reimbursed, the allocation of the costs, and the resulting amount of the Fee. The fee
amount included in the Resolution shall be supported by a report, which fully documents costs
included and the allocation method used. (Ord. 4565, §1, 2000)
17.19.060 Time of Payment; Refunds. The Reimbursement Fee shall be payable as a condition of
any development approved or permit and is payable prior to the issuance of a building permit. The
Reimbursement Fee is a permit processing fee to reimburse the County for costs incurred, and is not
a monetary exaction for the purposes of defraying the cost of public facilities. No applicant shall be
entitled to a refund of the Reimbursement Fees collected, if, for any reason development subject to
the Reimbursement Fee does not proceed. (Ord. 4565, §1, 2000)
17.19.070 Uses of Fee Revenue. Revenue generated from the Reimbursement Fee shall be used only
to reimburse the County and Initial Participating Developers for Eligible Costs incurred in the
preparation and adoption of the Missouri Flat Master Circulation and Funding Plan and the
supporting documents and in related activities. (Ord. 4565, §1, 2000)
17.19.080 Creation of Fee Account. Reimbursement Fee proceeds shall be deposited in a restricted
account maintained by El Dorado County. Revenue within this account, and any interest accrued
thereon, shall be used solely for the purpose set forth in section 17.19.010. Once moneys in the
account are disbursed from the account to reimburse County for its costs incurred, those moneys
shall be unrestricted revenue of the County. (Ord. 4565, §1, 2000)
17.19.090 Fee Credits. The following credits shall be available:
A.
The Initial Participating Developers, or their assignees, if they are applicants for building
permits, shall be granted a credit against the Reimbursement Fee in an amount up to the
amount contributed by the applicant under the Cooperative Funding Agreement, less any
reimbursements previously received. Such credits received shall be deemed reimbursement
for purposes of calculating future credits and reimbursements. The Fee Credit shall not
exceed the Reimbursement Fees levied by Resolution pursuant to this chapter at the time the
Fee Credit is applied for.
B.
Any applicant shall receive a credit against the Reimbursement Fee in an amount equal to
Reimbursement Fees previously paid for development approvals or permits on the same
property if the development for which the prior Reimbursement Fees were paid did not occur
and all permits and entitlements for such development have expired or are relinquished.
(Ord. 4565, §1, 2000)
17.19.100 Fee Exemptions. Public park sites and public buildings and structures including libraries,
schools, fire stations, and public utility structures are exempt from the Reimbursement Fee.
(Ord. 4565, §1, 2000)
17.19.110 Separability. The provisions of this chapter are separable, and the invalidity of any
phrase, clause, or part shall not affect the validity of the remainder. (Ord. 4565, §1, 2000)
El Dorado County Zoning Ordinance
(Revised December 2009)
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Chapter 17.20
NONCONFORMING USES
Sections:
17.20.010
17.20.020
17.20.030
17.20.040
17.20.050
17.20.060
17.20.070
17.20.080
17.20.090
17.20.095
17.20.100
17.20.105
17.20.110
17.20.120
17.20.130
Purpose.
Defined.
Continuation.
Expansion.
Repairs and alterations.
Destruction.
Mobile homes.
Conversion.
Lots created before March 4, 1972.
Lots created by gift deed prior to October 10, 1983, which do not meet the minimum
parcel size requirements for the zone.
Side yard setbacks.
Variable front, rear and side yard setbacks for nonconforming parcels.
Termination—Authorized.
Termination—Hearing.
Termination—Appeal.
17.20.010 Purpose. The purpose of this chapter is to provide for a means by which the use of land
or buildings or any building itself which violates current zoning ordinances but which lawfully
existed on the effective date of the ordinances can be effectively regulated in the public interest.
(Ord. 3234 §1(part), 1982: prior code §9440(a))
17.20.020 Defined. The term "nonconforming use" as referred to in this chapter means the actual
use or occupation of any land or structure or any structure itself which was lawful at the time of the
adoption of the ordinance codified in this article but which has been made unlawful by the
provisions of the ordinances or any amendments thereto. (Ord. 3234 §1(part), 1982: prior code
§9440(b))
17.20.030 Continuation. Any nonconforming use may be continued subject to the limitations set
forth in Sections 17.20.040 through 17.20.100. (Ord. 3234 §1(part), 1982: prior code
§9440(c)(part))
17.20.040 Expansion. A nonconforming use shall not be expanded, enlarged or otherwise extended
either on the same or adjoining parcel of land without a special use permit. The permit shall be
issued in accordance with Chapter 17.22. (Ord. 3234 §1(part), 1982: prior code §9440(c)(1))
El Dorado County Zoning Ordinance
(Revised December 2009)
83
17.20.050 Repairs and alterations. There shall be allowed such repairs or alterations to any
nonconforming use as may be necessary to allow the continuation of the use; provided, however, if
the repairs or alterations result in an expansion, enlargement or extension of the use, a special use
permit shall be required pursuant to the provisions of Section 17.20.040. (Ord. 3234 §1(part), 1982:
prior code §9440(c)(2))
17.20.060 Destruction.
A.
Any nonconforming structure which is wholly or partially destroyed may be restored, and the
occupancy or use of the structure may be continued; provided, that a building permit is
obtained and actual construction begun within a period of one year of the date of the
destruction and the construction is diligently pursued to completion; provided, however, if
the restoration results in an expansion, enlargement or extension of the use, a special use
permit shall be required pursuant to the provisions of Section 17.20.040. Failure to start
restoration within such period or failure to diligently pursue completion of the restoration
shall result in a termination of the nonconforming use pursuant to the provisions of
subsection A of Section 17.20.110.
B.
Notwithstanding the provisions of subsection A of this section, in the event the damage or
destruction to the nonconforming structure exceeds fifty percent of its value, no restoration
shall be made unless every portion of the structure is made to conform to all regulations for
new structures in the zone in which it is located. (Ord. 3234 §1(part), 1982: prior code
§9440(c)(3))
17.20.070 Mobile homes. Any nonconforming mobile home as the term mobile home is presently
defined in the county mobile home ordinance may be replaced by another mobile home of a greater
size upon the issuance of a mobile home permit by the county building department, but only in the
event that:
A.
The replacement mobile home complies with the setback requirements of the zone in which
it is situated; and
B.
That the total floor area of the replacement mobile home and all other existing structures on
the parcel of land involved does not exceed the maximum lot coverage allowable under the
requirements of the zone in which the parcel is situated; and
C.
The mobile home replaced shall be removed from the subject property within sixty days of
its replacement. (Ord. 3234 §1(part), 1982: prior code §9440(c)(4))
17.20.080 Conversion. Any nonconforming use may be converted into any other use allowed
within the zone classification which permits the nonconforming use to operate by right. The
converted use shall be governed by the regulations contained in the appropriate zone classification.
(Ord. 3234 §1(part), 1982: prior code §9440(c)(5))
17.20.090 Lots created before March 4, 1972. It is the intent and purpose of this section to declare
lots created prior to March 4, 1972, to be nonconforming lots. Nonconforming lots are those lots
which do not conform to the lot area and lot dimension standards for the zone in which they are
located. The uses permitted in the district shall be permitted on such lots subject to all other property
development standards of the zone. (Ord. 3234 §1(part), 1982: Ord. 3158 §2(part), 1981: prior
code §9440(c)(6))
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17.20.095 Lots created by gift deed prior to October 10, 1983, or which were created by instruments
conveying parcels of 40 or more acres (or not less than a quarter of a quarter section) which do not
meet the minimum parcel size requirements for the zone.
A.
All parcels created by gift deed which would otherwise be subject to the provisions of the
minor land divisions ordinance (Title 16, Article II), but which do not meet the minimum lot
area or lot dimension standards for the zone in which they are located, shall be legal
nonconforming parcels if the gift deeds by which they were created were recorded after
March 4, 1972, but on or before October 10, 1983. Notwithstanding any other provision of
Title 17 of this code, development permitted on the aforementioned parcels shall be subject
to the uses and development standards prescribed for that zoning district which is closest to
the parcel size of the subject parcel at the time the parcel was created. (Ord. 4243, 1992)
B.
All parcels created by instruments which conveyed parcels of 40 or more acres, or not less
than a quarter of a quarter section, which would otherwise be subject to the provisions of the
Minor Land Divisions Ordinance (Title 16, Art. II), but which do not meet with the
minimum lot area or lot dimensions standard for the zone in which they are located, shall be
legal nonconforming parcels if the instrument by which title was acquired was recorded in
the office of the county recorder on or before January 6, 1992. Notwithstanding any other
provision of Chapter 17 (Zoning) of this code, development permitted on the subject to the
uses and development standards prescribed for that zoning district which is closest to the
parcel size of the subject parcel at the time the parcel was created. (Ord. 4243, 1992)
It is the express intent of this section that conveyance by gift deed which created five or more
parcels, irrespective of the date created, shall be governed by the provisions of Title 16,
Article I (major land divisions), and not by this section.
Prior to approval of any permit for such nonconforming parcel, a certificate of compliance is
required. The application process and conditions which may be attached to the approval of
the certificate shall be set forth in a resolution or ordinance by the board of supervisors.
(Ord. 4183 §1, 1991; Ord. 4243, 1992)
17.20.100 Side yard setbacks. Nonconforming side yards, existing prior to March 4, 1972, shall be
permitted to extend the existing nonconforming side yard along the interior side lot line provided the
extension shall be no closer than five feet from the side lot line. When any nonconforming building
is destroyed or for any reason removed from the land, all future buildings or structures erected on the
land shall conform to all property development standards of the zone. (Ord. 3234 §1(part), 1982:
Ord. 3158 §2(part), 1981: prior code §9440(c)(7))
17.20.105 Variable front, rear and side yard setbacks for nonconforming parcels. Setbacks for
parcels smaller that the minimum allowed by the existing zoning, shall be determined by the zone
district which prescribes a minimum parcel size closest to the size of the subject parcel. (Ord. 3234
§1(part), 1982: prior code §9440(c)(8))
17.20.110 Termination—Authorized. Any nonconforming use shall be immediately terminated by
the county planning commission if:
A.
The use has been found to have been abandoned for a period in excess of one year; or
B.
The use has been found to be detrimental to the public health and safety or has been found to
be a nuisance. The term "nuisance" as used in this section means anything which is injurious
to health, or is indecent or offensive to the senses, or an obstruction to the free use of
property so as to interfere with the comfortable enjoyment of life or property or unlawfully
obstructs free passage or use, in the customary manner, of any navigable lake or river, bay,
El Dorado County Zoning Ordinance
(Revised December 2009)
85
stream, canal or basin or any public park, square, street or highway. (Ord. 3234 §1(part),
1982: prior code §9440(d) (1))
17.20.120 Termination—Hearing. Any decision by the planning commission to terminate a
nonconforming use pursuant to Sections 17.20.110 through 17.20.130 shall be made at a public
hearing. Notice of the time and place of the hearing shall be made in a manner similar to those
methods set forth in Sections 65854 and 65854.5 of the Government Code. Additionally, notice of
the hearing shall be given to the owner and occupants of the subject property either by certified mail
or by such other means which is reasonably calculated to give actual notice. (Ord. 3234 §1(part),
1982: prior code §9440(d)(2))
17.20.130 Termination—Appeal.
A.
A decision of the planning commission to terminate a nonconforming use may be appealed
to the board of supervisors by the owner or occupants of the property. The appeal must be
filed within ten days following the decision of the planning commission. The appeal shall be
filed with the clerk to the board of supervisors and shall be accompanied by a fee of
twenty-five dollars.
B.
The board may sustain, modify or overrule the decision of the planning commission. A
decision by the board which sustains the planning commission's termination of a
nonconforming use shall be supported by those findings set forth in subsections A and B of
Section 17.20.110. The decision of the board shall be final. (Ord. 3234 §1(part), 1982:
prior code §9440(d)(3))
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Chapter 17.21
BASS LAKE HILLS SPECIFIC PLAN
SUPPLEMENTAL TENTATIVE MAP SUBMITTAL (BLHSP STMS) FEE
Sections:
17.21.010
17.21.020
17.21.030
17.21.040
17.21.050
17.21.060
17.21.070
17.21.080
17.21.090
17.21.100
Title, Purpose, and Intent
Definitions
Findings of the Board of Supervisors
Fee Requirement
Amount of Fee
Time of Payment and Refunds
Uses of Fee Revenue
Creation of Fee Account
Fee Exemption
Separability
17.21.010 Title, Purpose, and Intent. This chapter shall be known as the Bass Lake Hills Specific
Plan Supplemental Tentative Map Submittal (BLHSP STMS) Fee Ordinance. It authorizes a Bass
Lake Hills Specific Plan Reimbursement Fee, as described in the Bass Lake Hills Specific Plan. It is
the intent of this chapter to establish a method to reimburse the Bass Lake Hills Specific Plan Initial
Participation Developer (AKA the Bass Lake Hills Specific Plan Trust) and the County of El Dorado
for costs incurred in the preparation and adoption of the Bass Lake Hills Specific Plan and the
environmental documents. BLHSP STMS Fees shall be paid to El Dorado County by developers
who derive benefit from the Specific Plan. El Dorado County, in turn, may use fees collected
pursuant to this chapter to reimburse the Bass Lakes Specific Plan Initial Participation Developer
(AKA the Bass Lake Hills Specific Plan Trust) and El Dorado County for financial contributions
toward the preparation and adoption of the Bass Lake Hills Specific Plan and environmental
documents.
17.21.020 Definitions.
A.
“Initial Participation Developer” is the Bass Lake Hills Specific Plan Trust, or its successors
in interest, who participated in funding the development and preparation of the Bass Lake
Hills Specific Plan pursuant to the Reimbursement Agreement.
B.
“Reimbursement Agreement” shall mean that certain agreement dated April 25, 1995, and
Amendment I dated January 27, 1998 by and between the County of El Dorado and the Bass
Lake Hills Specific Plan Trust.
C.
“Eligible Costs” shall mean all costs incurred by the County in the preparation of the Bass
Lake Hills Specific Plan including, but not limited to, costs for environmental, engineering,
traffic engineering, financial, drafting, and legal services. Eligible costs shall also include,
but are not limited to, those costs for which funding was provided under the Reimbursement
Agreement.
D.
The “Bass Lake Hills Specific Plan Area” shall mean that area shown on Exhibit A to this
Ordinance which is subject to the provisions of the Bass Lake Hills Specific Plan.
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E.
The “Bass Lake Hills Specific Plan” or “BLHSP” shall mean the Bass Lake Hills Specific
Plan adopted by the Board of Supervisors on November 7, 1995, Resolution No. 288-95, as
amended.
17.21.030 Findings of the Board of Supervisors. In establishing the BLHSP STMS Fee, the Board
of Supervisors finds as follows:
A.
The Bass Lake Hills Specific Plan was prepared and adopted by the County to facilitate the
orderly and systematic development of the BLHSP Area through the establishment of a
comprehensive planning program consistent with the El Dorado County General Plan.
B.
Costs were incurred by the County in preparing the BLHSP and its supporting documents.
Initial Participation Developer bore a portion of the costs incurred by the County pursuant to
the terms of the Reimbursement Agreement.
C.
Persons or entities seeking to develop projects in the BLHSP Area derive substantial benefits
from the preparation and adoption of the BLHSP in that: (1) environmental documents
prepared in connection with the BLHSP, including the Program EIR and Program EIR
Addendum, reduce the scope and cost of subsequent environmental review that otherwise is
required in connection with BLHSP Area development projects; (2) preparation of the
BLHSP substantially reduces the scope and cost of planning review otherwise required in
connection with BLHSP Area developments projects; and (3) the BLHSP provides a
mechanism for addressing public facilities and services necessary to support allowed
development and describes the funding mechanisms necessary for implementation in a
comprehensive manner not feasible in the context of individual project review.
D.
The establishment of the fee provided in this chapter is based upon the lawful exercise of the
County’s police power and is consistent with all applicable state law. Section 65456(a)
through (d) of the Government Code allows the imposition of a specific plan fee upon
persons seeking government approvals which are required to be consistent with the specific
plan.
17.21.040 Fee Requirement. A BLHSP STMS Fee is established to reimburse the County and/or
Initial Participation Developers for expenses associated with preparing and adopting the Bass Lake
Hills Specific Plan. The BLHSP STMS Fee shall be applicable to all new residential subdivision
projects, to existing vacant residential parcels the development of which requires a building permit ,
and to all non-residential development which results in conversion of planned residential
development to commercial land use within the Bass Lake Hills Specific Plan.
17.21.050 Amount of Fee. The BLHSP STMS Fee will be established by a resolution adopted by
the Board of Supervisors pursuant to this Chapter. The resolution shall describe and document the
costs to be reimbursed, the allocation of the costs, and the resulting amount of the fee. The fee
amount included in the resolution shall be supported by a report, which fully documents the costs
included and the allocation method used.
17.21.060 Time of Payment and Refunds. The BLHSP STMS Fee shall be payable as a condition of
any residential subdivision development approval, or permit necessary to develop existing vacant
residential parcels, and is payable prior to the recordation of a final map or the issuance of a building
permit. The BLHSP STMS Fee shall be payable for any non-residential development as a condition
of project approval or the issuance of a building permit. The BLHSP STMS Fee is a permit
processing fee to reimburse the County for costs incurred in the adoption of the BLHSP. It is not a
monetary exaction for the purposes of defraying the costs of pubic facilities. Payment of the BLHSP
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El Dorado County Zoning Ordinance
STMS Fee is in addition to any applicable fee’s which may be imposed to offset impacts to public
facilities. No applicant shall be entitled to a refund of the BLHSP STMS Fee collected, if, for any
reason development subject to the BLHSP STMS Fee does not proceed.
17.21.070 Uses of Fee Revenue. Revenue generated from the BLHSP STMS Fee shall be used only
to reimburse the County and/or Initial Participating Developer for Eligible Costs incurred in the
preparation and adoption of the Bass Lake Hills Specific Plan.
17.21.080 Creation of Fee Account. Reimbursement Fee proceeds shall be deposited in a restricted
account maintained by El Dorado County. Revenue within this account, and any interest accrued
thereon, shall be used solely for the purpose set forth in Section 17.21.010.
17.21.090 Fee Exemptions. Public park sites and public buildings and structures including libraries,
schools, fire stations, and public utility structures and facilities are exempt from payment of the
BLHSP STMS Fee.
17.21.100 Separability. The provisions of this chapter are separable, and the invalidity of any
phrase, clause, or part shall not affect the validity of the remainder.
El Dorado County Zoning Ordinance
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THIS SPACE INTENTIONALLY LEFT BLANK.
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El Dorado County Zoning Ordinance
Chapter 17.22
LAND USE PERMIT PROCEDURES
Sections:
I.
GENERAL PROVISIONS
17.22.010
17.22.020
II.
APPLICATION FILING AND PROCESSING
17.22.110
17.22.120
17.22.130
17.22.140
17.22.150
III.
Notice of Hearings
Permit Issuance
Appeals
Stay of Issuance
Effect of Denial
Permit Time Limits, Extensions
Revocation
Changes to an Approved Project
Combined Applications
SITE PLAN REVIEW
17.22.300
17.22.310
17.22.320
17.22.325
17.22.330
17.22.335
17.22.340
V.
Required Application Contents
Filing of Application
Review of Applications
Environmental Review
Staff report and Recommendations
PERMIT APPROVAL OR DISAPPROVAL
17.22.200
17.22.210
17.22.220
17.22.230
17.22.240
17.22.250
17.22.260
17.22.270
17.22.280
IV.
Purpose
Administrative Relief/Waiver
Purpose
Approval Authority
Standards and Requirements
General Plan Consistency Requirements
Applicability of General Plan Consistency Requirements
Inapplicability
General Plan Consistency Options
ADMINISTRATIVE PERMIT
17.22.350
Purpose
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17.22.360
17.22.370
VI.
MINOR USE PERMIT
17.22.400
17.22.410
17.22.420
17.22.430
VII.
Purpose
Approval Authority
Public Hearing
Findings Required
SPECIFIC PLAN
17.22.650
17.22.655
17.22.660
17.22.665
17.22.670
17.22.675
17.22.680
92
Purpose
Approval Authority
Standards and Requirements
Public Hearing
Findings Required
VARIANCE
17.22.600
17.22.610
17.22.620
17.22.630
XI.
Purpose
Approval Authority
Standards and Requirements
SPECIAL USE PERMIT
17.22.500
17.22.510
17.22.520
17.22.530
17.22.540
X.
Purpose
Approval Authority
Standards and Requirements
Public Hearing
TEMPORARY USE PERMIT
17.22.450
17.22.460
17.22.470
VII.
Approval Authority
Standards and Requirements
Purpose
Approval Authority
Public Hearing
Findings Required
Content of Specific Plan
Conformance to Specific Plan Required
Amendments
(Revised December 2009)
El Dorado County Zoning Ordinance
I. GENERAL PROVISIONS
17.22.010 Purpose. The purpose of this chapter is to provide for the processing of permits and
development applications submitted to the Planning Department for specific land uses authorized by
this title. This chapter also provides for the modification, extension and revocation of permit
approvals. (Ord. 4589 §§2, 5, 2001)
17.22.020 Administrative Relief/Waiver.
A.
The Planning Director may grant administrative relief or waiver from the standards set forth
in this Title of up to ten percent (10%) of the area or dimension subject to the following
procedure:
1.
A site plan review application shall be filed with the Planning Department pursuant
to Section 17.22.300 and other provisions of this chapter;
2.
The department shall notify all adjacent property owners by mail of the proposed
request;
3.
A period of ten (10) working days shall be provided to the adjacent property owners
to comment on or protest the proposed waiver;
4.
If an objection is received during the protest period, the Planning Director shall not
approve the proposed administrative relief request.
B.
Prior to approval of administrative relief, the Planning Director must make the following
findings:
1.
The proposed reduction is the minimum amount necessary to accommodate the needs
of the property owner;
2.
There are no objections from any adjacent property owner;
3.
The proposed waiver will not be detrimental to the public health, safety or welfare, or
injurious to the neighborhood.
C.
A variance application, pursuant to Section 17.22.600 et seq. shall be required for
consideration of a waiver or reduction of a development standard if all of the findings set
forth in (B), above, cannot be made. (Ord. 4589 §§2, 5, 2001)
II. APPLICATION FILING AND PROCESSING
17.22.110 Required Application Contents.
A.
An application for a permit required by this Title shall be submitted to the Planning
Department on an application form provided by the department and shall include the written
consent of the lawful owner or owners of record, fees as established by resolution of the
Board of Supervisors, plans, maps and any other information required by the Planning
Department.
B.
A permit application may be filed by:
1.
The lawful owner or owners of record of the parcel on which the proposed project
will be located, or their duly authorized agent.
2.
A person with lawful power of attorney or other acceptable authority from the lawful
owner of record. Evidence of authorization shall be submitted with the application.
C.
Approvals granted for an application which was submitted containing false or inaccurate
information, which the applicant knew or should have known was false or inaccurate, shall
be declared null and void and subject to immediate revocation. (Ord. 4589 §§2, 5, 2001)
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17.22.120 Filing of Application.
A.
Applications for permits required by this Title shall be filed with the Planning Department.
All applications shall meet the following requirements:
1.
The proposed use is permitted within the zone district in which it is located;
2.
The proposed use satisfies all applicable standards and requirements of this Title, or
such standards that are the subject of a simultaneously filed variance application
which will, if approved, achieve such compliance;
3.
No violation of this Title, any other provisions of the El Dorado County Code, the
Subdivision Map Act, or any condition of approval of an applicable land use
entitlement exists on the subject site, unless the purpose of the application is to bring
the violation into compliance with this Title;
4.
The property taxes due on the proposed site as determined by the County tax
Collector are not delinquent, unless a written agreement exists between the County
and the property owner for the payment of delinquent taxes. (Ord. 4589 §§2, 5,
2001)
17.22.130 Review of Applications.
A.
Within thirty (30) days of the filing of an application, the Planning Department shall review
it for completeness and accuracy before the application is accepted as being complete and
officially filed.
B.
The applicant shall be notified in writing by the department that either:
1.
The application has been determined to be complete and accepted for processing; or,
2.
The application is incomplete and additional information, specified in writing, must
be provided. If an application is determined to be incomplete, the time in which the
application must be processed shall be stayed until such time as the applicant has
provided the required information.
C.
If an application has been determined to be incomplete and the required information is not
submitted within one year, or an applicant has requested that processing be delayed or stayed
for a period of one year, the application shall expire and be deemed withdrawn. No further
processing will occur and a new application must be filed for the project to be considered.
(Ord. 4589 §§2, 5, 2001)
17.22.140 Environmental Review.
A.
After acceptance of an application pursuant to Section 17.22.120, the application shall
undergo environmental review as required by California Public Resources Code Section
21000 et seq. and the County’s CEQA implementation resolution, as may be amended from
time to time, in order to determine if the proposed project is exempt from the requirements of
CEQA, or to determine the appropriate environmental document to be filed for the proposed
project.
B.
After an application has been accepted as complete pursuant to Section 17.22.130, the
Planning Department may require the applicant to submit additional information needed for
the environmental review of the project. (Ord. 4589 §§2, 5, 2001)
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17.22.150 Staff Report and Recommendations.
A.
At the conclusion of the Technical Advisory Committee meeting, or after review by staff
where no Technical Advisory Committee meeting was required, the Planning Department
shall review all discretionary development applications filed pursuant to this chapter and
prepare a report to the Zoning Administrator or Planning Commission, as applicable, on
whether the project should be approved, conditionally approved, or denied.
B.
The staff report shall include the recommendations of state and local agencies, and other
County departments, and shall include an analysis of the proposed project and its compliance
with this Title, the general plan, adopted design standards and any other applicable
provisions of the El Dorado County Code or state law.
C.
The staff report shall be distributed to the applicant and made available to the public within
the time frames established by applicable state laws, as may be amended from time to time.
(Ord. 4589 §§2, 5, 2001)
III. PERMIT APPROVAL OR DISAPPROVAL
17.22.200 Notice of Hearings. Notice for all hearings held pursuant to this chapter shall be given in
accordance with the provisions of Government Code Section 65091. (Ord. 4589 §§2, 5, 2001)
17.22.210 Permit Issuance.
A.
The approving authority may approve a permit as provided in this chapter upon making the
required findings set forth in Section 17.22.300 through 620 as applicable.
B.
The approving authority may impose such conditions as determined necessary for a proposed
project to be consistent with this Title and other applicable laws, ordinance, standards or
regulations, or to mitigate impacts created by the proposed project, or as otherwise necessary
to protect the public health, safety and welfare. (Ord. 4589 §§2, 5, 2001)
17.22.220 Appeals.
A.
Any decision by the approving authority of original jurisdiction may be appealed by the
applicant or any other affected party to the next level of jurisdiction by following the
procedures set forth in subsection B, below. The hearing body for an appeal shall be as
follows:
1.
Appeals of action taken by the Planning Director or his designee shall be heard by
the Planning Commission.
2.
Appeals of action taken by the Zoning Administrator or Planning Commission shall
be heard by the Board of Supervisors.
3.
All action by the Board of Supervisors shall be final.
B.
An appeal must be filed within ten (10) working days from the decision by the approving
authority by completing the appeal form and submitting said form together with the
applicable fee as established by resolution of the Board of Supervisors to the Planning
Department. The appellant shall clearly identify on the appeal form the specific reasons for
the appeal. The hearing body for the appeal shall consider on appeal all issues raised by the
appellant. The hearing body may consider other relevant issues related to the project being
appealed.
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C.
D.
The hearing on an appeal shall be set no more than thirty (30) days from receipt of a
completed appeal form and fee. If the Board of Supervisors meeting is canceled for any
reason on the date on which the appeal would normally be heard, the appeal shall be heard
on the first available regularly-scheduled meeting following the canceled meeting date. The
thirty-day time limitation may be extended by mutual consent of the appellant(s) and the
appeals body and, once the date and time for the hearing is established the hearing may be
continued only by such mutual consent.
In any appeal action brought pursuant to this section the appellant(s) may withdraw the
appeal, with prejudice, at any time prior to the commencement of the public hearing. For the
purposes of this section, the public hearing shall be deemed commenced upon the taking of
any evidence including reports from planning staff. (Ord. 4589 §§2, 5, 2001)
17.22.230 Stay of Issuance. No permit shall be issued for any development relying on the approval
of an application covered under this chapter until the conclusion of the appeal period set forth in
Section 17.22.020. A properly filed appeal shall stay the issuance of any such permit until the
appeal is decided. (Ord. 4589 §§2, 5, 2001)
17.22.240 Effect of Denial. Where application for a permit provided for in this chapter has been
denied by the issuing authority and the decision is not reversed through appeal, no further
application for the same use on the same property may be considered within a period of one year
from the date of such denial unless the Planning Director finds that there has been a substantial
change in circumstances from those existing under the previous application, or the application was
denied without prejudice. (Ord. 4589 §§2, 5, 2001)
17.22.250 Permit Time Limits, Extensions.
A.
An approved permit is valid for a period of twenty-four (24) months, except as other
provided for in conditions of approval or other provisions of this Title, unless one of the
following has occurred:
1.
The permit has been implemented by satisfaction of conditions prerequisite to
construction and a building permit has been issued and at least one inspection has
been conducted and approved by the Building Official; or
2.
The permit has been implemented by satisfaction of conditions prerequisite to
establishment of a use not requiring a building permit and the use has been
established on the site and is in operation; or
3.
An extension of time has been granted pursuant to subsection C of this section.
B.
It shall be the responsibility of the applicant to monitor the time limit and make diligent
progress toward implementation of the project and compliance with any conditions of
approval.
C.
The time limit for the expiration of a permit as set forth in subsection A, above, may be
extended by one of the following methods:
1.
The Planning Director finds that substantial progress has been made in implementing
the permit, and not more than twelve (12) months will be necessary to comply with
the requirements of subsection A(1) or A(2), above; or
2.
A written request for an extension of time has been approved by the issuing
authority, subject to the following requirements:
a.
No change in conditions or circumstances has occurred that would have been
grounds for denying the original application;
b.
The applicant has been diligently pursuing implementation of the permit; and
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c.
D.
Modified conditions have been imposed as necessary which update the
permit to reflect current adopted standards and ordinance requirements.
Such a request for extension shall be accompanied by a fee as set by resolution of the Board
of Supervisors, and shall be heard by the approving authority in compliance with the
procedures set forth in this chapter for issuance of the original permit.
Where multiple units of work or phases of work or activities are authorized in a single
permit, the permit shall be deemed exercised upon the initiation of one or more of the units
of work or activities as provided in subsection A, above, except where specific conditions of
approval relating to phasing provide a different time frame. (Ord. 4589 §§2, 5, 2001)
17.22.260 Revocation.
A.
All permits authorized by this chapter shall automatically expire by operation of law when:
1.
The time frame established pursuant to Section 17.22.250 has elapsed; or
2.
The use authorized by the permit has ceased for a period of one year for any reason;
When it is discovered that a permit has expired, the Planning Department shall send notice of
such termination to the property owner and/or applicant. Failure to send such notice shall
not affect the expiration of the permit.
B.
Any permit authorized under this chapter may be revoked when it is found by the issuing
authority, following a public hearing, that conditions established for the issuance of the
permit have been violated or lack substantial compliance or when the use is considered to be
a public nuisance.
C.
Any permit revoked by the issuing authority, or which is determined by the Planning
Director, Zoning Administrator, or Planning Commission to have expired by operation of
law, may be appealed in accordance with the provisions set forth in Section 17.22.220.
(Ord. 4589 §§2, 5, 2001)
17.22.270 Changes to an Approved Project.
A.
A new land use authorized by approval of a permit pursuant to this chapter shall be
constructed or otherwise established only as approved by the issuing authority, and in
conformance with all conditions of approval, except where changes to the project are
approved as set forth in this section.
B.
Changes to a project authorized through a permit provided for in this chapter shall be
submitted in writing, along with appropriate supporting documentation, plans, or other
information as deemed necessary by the Planning Director to evaluate the proposed change.
Changes may be made either before or after the commencement of construction or
establishment of an approved use. Proposed changes may be made as follows:
1.
The Planning Director may approve minor modifications to an approved project
where he finds the change:
a.
Is consistent with all applicable provisions of this Title;
b.
Does not involve a feature of the project that was specifically addressed in
the conditions of approval, mitigation measures, or findings for approval of
the project;
c.
Does not result in an expansion of the project; and
d.
Does not substantially alter the original approval action.
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2.
Changes to a project which result in an expansion or substantial alteration of the
project, or which may affect a condition of approval, mitigation measure, or finding
that was specifically addressed by the approving authority may only be approved by
the approving authority pursuant to the requirements for submittal of a new permit.
(Ord. 4589 §§2, 5, 2001)
17.22.280 Combined Applications. Where a project requires multiple applications as provided in
this chapter, the applications may be combined and processed concurrently. Where the applications
have differing processing requirements, the combined application will be processed by the
procedures established for the highest level of review for any one of the combined applications. As
used in this section, the term highest level of review utilizes the following hierarchy: Planning
Director, Zoning Administrator, Planning Commission, Board of Supervisors, with the Board of
Supervisors being the highest level of review. The approving authority shall act on the different
parts of a combined application on their own merits, and may approve one application without
approving the other or others. (Ord. 4589 §§2, 5, 2001)
IV. SITE PLAN REVIEW
17.22.300 Purpose. The purpose of this subchapter is to provide for the review and approval of
development projects consistent with the provisions of this Title, where review is required or
necessary to ensure compliance with adopted County standards, to provide appropriate on-site design
of parking, circulation, building location, landscaping and lighting, and to protect the public health,
safety and welfare. (Ord. 4589 §§2, 5, 2001) The purpose is also to demonstrate consistency with
the General Plan pursuant to General Plan Policy 2.2.5.20.
17.22.310 Approval Authority. The Development Services Director or his designee shall have
approval authority of original jurisdiction for site plan review. The approval of a site plan review
application shall be considered a ministerial permit pursuant to CEQA. (Ord. 4589 §§2, 5, 2001)
17.22.320 Standards and Requirements. Standards for site plan review shall be those established
pursuant to Chapters 17.06, 17.14, 17.16, 17.18, the applicable zone district provisions, and any
other standards or requirements adopted by El Dorado County by ordinance or resolution. (Ord.
4589 §§2, 5, 2001)
17.22.325 General Plan Consistency Requirements. Standards for demonstrating consistency with
the General Plan pursuant to General Plan Policy 2.2.5.20 will be on a form established by the
Development Services Department.
17.22.330 Applicability of General Plan Consistency Requirements. Requirements for General Plan
consistency shall apply to:
A.
All building permits for new structures, as defined in the General Plan, greater than 4,000
square feet of living area, including additions to existing structures.
B.
Building Permits or other permits that require a grading permit for which land disturbance of
an area of 20,000 square feet or more occurs.
C.
All development, as defined in the General Plan, located on lands identified as Important
Biological Corridor (-IBC) on the Land Use Diagram, Figure LU-1.
D.
Non-residential development.
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17.22.335 Inapplicability. The General Plan Consistency requirements are not applicable to any of
the following:
A.
Any permits that require a finding of consistency with the 2004 General Plan pursuant to
other provisions of state law or local ordinances.
B.
Any permits issued in accordance with an approved development agreement to the extent the
development agreement prevents the application of policies of the 2004 General Plan.
17.22.340 General Plan Consistency Options. If proposed development does not conform to General
Plan policies pursuant to the site plan review as set forth above, no permit shall be issued for the
development unless:
A.
The applicant modifies the application to eliminate any inconsistencies identified.
B.
The applicant applies for and is granted a planned development application after discretional
review and CEQA analysis. The planned development application is hereby authorized
whether or not a planned development is otherwise required by ordinance and would not
require a rezone to add the planned development combining zone, but in all other respects,
the planned development application will be processed in accordance with Section 17.04,
and any appeals will be processed in accordance with Section 17.22.220.
C.
Reasonable use of the property would otherwise be denied, as determined by the
Development Services Director.
V. ADMINISTRATIVE PERMIT
17.22.350 Purpose. The purpose of this subchapter is to provide for the review and approval of
development projects consistent with the provisions of this Title, where limited review is necessary
to ensure compatibility with adjacent land uses and availability of public services and infrastructure,
and to protect the public health, safety and welfare. (Ord. 4589 §§2, 5, 2001)
17.22.360 Approval Authority. The Planning Director or his designee shall have approval authority
of original jurisdiction for administrative permits. The issuance of an administrative permit shall be
considered a ministerial permit pursuant to CEQA. (Ord. 4589 §§2, 5, 2001)
17.22.370 Standards and Requirements. Standards for an administrative permit shall be those
established pursuant to Chapters 17.06, 17.14, 17.16, 17.18, the applicable zone district provisions,
and any other standards or requirements adopted by El Dorado County by ordinance or resolution.
(Ord. 4589 §§2, 5, 2001)
VI. MINOR USE PERMIT
17.22.400 Purpose. The purpose of this subchapter is to provide for a review process to consider
uses which are typically compatible with other permitted uses within a zone district, but due to their
nature, require consideration of site design and adjacent land uses, based on the specific location of
any proposed use requiring such a permit. (Ord. 4589 §§2, 5, 2001)
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17.22.410 Approval Authority. The Zoning Administrator shall have approval authority of original
jurisdiction for minor use permit. The approval of a minor use permit is considered a ministerial
permit pursuant to CEQA, however, due to the potential for neighborhood sensitivity, public notice,
pursuant to Section 17.22.200, and hearing is required. (Ord. 4589 §§2, 5, 2001)
17.22.420 Standards and Requirements. Standards for special use permits shall be those established
pursuant to Chapters 17.06, 17.14, 17.16, 17.18, the applicable zone district provisions, and any
other standards or requirements adopted by El Dorado County by ordinance or resolution. (Ord.
4589 §§2, 5, 2001)
17.22.430 Public Hearing. The approving authority shall hold a public hearing on the application
after notice has been given pursuant to Section 17.22.200. (Ord. 4589 §§2, 5, 2001)
VII. TEMPORARY USE PERMIT
17.22.450 Purpose. The purpose of this subchapter is to provide for the temporary use of property
or structures consistent with the provisions of Chapters 17.04 through 17.10, in a manner which
protects the public health, safety and welfare, the enjoyment of one’s property, and which provides
review of a proposed use to ensure conformity with adopted County standards. (Ord. 4589 §§2, 5,
2001)
17.22.460 Approval Authority. The Planning Director or his designee shall have approval authority
of original jurisdiction for temporary use permits. The approval of a temporary use permit
application shall be considered a ministerial permit pursuant to CEQA except as provided in Chapter
17.23. (Ord. 4589 §§2, 5, 2001)
17.22.470 Standards and Requirements. Standards for temporary use permit shall be those
established pursuant to Chapters 17.06, 17.14, 17.16, 17.18 and 17.23, and any other standards or
requirements adopted by El Dorado County by ordinance or resolution. The Planning Director may
also impose such conditions as necessary to ensure compatibility with adjacent land uses and to
protect the public health, safety and welfare. (Ord. 4589 §§2, 5, 2001)
VIII. SPECIAL USE PERMIT
17.22.500 Purpose. The purpose of this subchapter is to provide for a review process to consider
uses which may be compatible with other permitted uses within a zone district, but due to their
nature, require consideration of site design, adjacent land uses, availability of public infrastructure
and services, and environmental impacts, based on the specific location of any proposed use
requiring such a permit. (Ord. 4589 §§2, 5, 2001)
17.22.510 Approval Authority. The Zoning Administrator or the Planning Commission shall have
approval authority of original jurisdiction for special use permit applications. The determination of
the approving authority shall be made by the Planning Director based on the nature of the
application, including but not limited to the extent of controversy and the policy issues raised by the
application. (Ord. 4589 §§2, 5, 2001)
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17.22.520 Standards and Requirements. Standards for special use permits shall be those established
pursuant to Chapters 17.06, 17.14, 17.16, 17.18, the applicable zone district provisions, and any
other standards or requirements adopted by El Dorado County by ordinance or resolution. Where
specific issues are identified during the review of the special use permit that are not addressed in
adopted standards, or as mitigation measures identified during the initial study, the Zoning
Administrator may impose such conditions as necessary to ensure compatibility with adjacent land
uses, mitigate environmental impacts, and protect the public health, safety and welfare. (Ord. 4589
§§2, 5, 2001)
17.22.530 Public Hearing. The approving authority shall hold a public hearing on the application
after notice has been given pursuant to Section 17.22.200. (Ord. 4589 §§2, 5, 2001)
17.22.540 Findings Required.
A.
The approving authority may approve or conditionally approve a special use permit only
after making the following findings:
1.
The issuance of the permit is consistent with the general plan;
2.
The proposed use would not be detrimental to the public health, safety and welfare,
or injurious to the neighborhood; and
3.
The proposed use is specifically permitted by special use permit pursuant to this
Title.
B.
In the event a special use permit is denied, the approving authority shall specify the grounds
for the denial.
C.
An applicant shall be notified, in writing, of the approving authority’s decision, the findings
made, and any conditions imposed on the project. (Ord. 4589 §§2, 5, 2001)
X. VARIANCE
17.22.600 Purpose. The purpose of this subchapter is to provide a procedure in which the
provisions of this Title may be varied or modified in cases where practical difficulties and
unnecessary hardships make strict application infeasible. (Ord. 4589 §§2, 5, 2001)
17.22.610 Approving Authority. The Zoning Administrator shall have approval authority of
original jurisdiction for variance. (Ord. 4589 §§2, 5, 2001)
17.22.620 Public Hearing. The approving authority shall hold a public hearing on the application
after notice has been given pursuant to Section 17.22.200. (Ord. 4589 §§2, 5, 2001)
17.22.630 Findings Required. A variance shall not be granted by the approving authority unless all
of the following circumstances are found to apply:
A.
There are exceptional or extraordinary circumstances or conditions applying to the land,
building, or use referred to in the application, which circumstances or conditions do not
apply generally to land, buildings or uses in the vicinity and the same zone, and have not resulted from any act of the owner or applicant;
B.
The strict application of the provisions of the ordinance requested to be varied would deprive
the applicant of the reasonable use of the land or building, allowed for other land in the
vicinity and the same zone;
C.
The variance is the minimum necessary for the reasonable use of the land or building;
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D.
The variance is in conformity with the intent of this article and not detrimental to the public
health, safety and welfare, or injurious to the neighborhood. (Ord. 4589 §§2, 5, 2001)
XI. SPECIFIC PLAN
17.22.650 Purpose. The purpose of this subchapter is to provide for a method to systematically
implement the El Dorado County general plan for a part of the area covered by the plan, as set forth
in California Government Code Section 65450 et seq. (Ord. 4589 §§2, 5, 2001)
17.22.655 Approval Authority. The Board of Supervisors shall have approval authority of original
jurisdiction for specific plan applications, after review and recommendation by the Planning
Commission. (Ord. 4589 §§2, 5, 2001)
17.22.660 Public Hearing. The approving authority and advisory agency shall hold public hearings
on the application after notice has been given pursuant to Section 17.22.200. (Ord. 4589 §§2, 5,
2001)
17.22.665 Findings Required. The Board of Supervisors may adopt a proposed specific plan only
after a determination that the plan:
A.
Is consistent with and implements the El Dorado County general plan;
B.
Is consistent with any applicable airport land use plan, pursuant to California Government
Code Section 65302.3; and
C.
Will not have a significant effect on the environment, or a statement of overriding
consideration have been made for the proposed specific plan pursuant to the provisions of
California Code of Regulations Section 15093 (CEQA Guidelines.) (Ord. 4589 §§2, 5,
2001)
17.22.670 Content of Specific Plan.
A.
An applicant for a specific plan shall prepare a draft plan for review by the County that
includes the following detailed information in the form of text, diagrams, and maps
organized in a format acceptable to the County:
1.
Proposed land uses. The plan shall show the distribution, location and extent of land
uses proposed within the area covered by the plan.
2.
Infrastructure. The plan shall identify the proposed distribution, location, extent and
intensity of major components of public and private transportation, sewage, water
drainage, solid waste disposal, energy, education, fire protection, and any other
essential facilities proposed to be located within the area covered by the plan and
needed to support the land uses described in the plan.
3.
Standards and development criteria. The plan shall contain standards and criteria by
which development will proceed within the area covered by the plan, and standards
for the conservation, development and utilization of natural resources, where
applicable.
4.
Implementation measures. The plan shall provide a program of implementation
measures including regulations, programs, public works projects, and financing
measures necessary to carry out the provisions of subsections 1 through 3, above.
B.
The specific plan shall include a statement of the relationship of the specific plan to the
general plan. (Ord. 4589 §§2, 5, 2001)
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17.22.675 Conformance to Specific Plan Required. After adoption of a specific plan, no local
public works project, development plan, tentative map or parcel map may be approved, and no
zoning ordinance may be adopted or amended within the area covered by the plan unless it is
consistent with the adopted specific plan. (Ord. 4589 §§2, 5, 2001)
17.22.680 Amendments. An adopted specific plan may be amended through the same procedure set
forth in this subchapter for the adoption of a specific plan. (Ord. 4589 §§2, 5, 2001)
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THIS SPACE INTENTIONALLY LEFT BLANK.
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Chapter 17.23
TEMPORARY USE PERMITS
Sections:
17.23.010
17.23.015
17.23.020
17.23.025
17.23.030
17.23.040
17.23.045
17.23.050
17.23.055
17.23.060
17.23.065
17.23.070
Temporary use—Defined.
Exemptions.
Permitted uses.
Temporary uses subject to standard conditions.
Other temporary uses not identified.
Issuance of permit.
Fee.
Time limits.
Expiration of use—Removal of materials—Bond required.
Denial of permit—Appeal.
Revocation.
Appeals—Filing.
17.23.010 Temporary use—Defined. A "temporary use" is a use of a parcel of land when not otherwise allowed for a period of more than one hour within a twenty-four-hour period, but less than the
maximum time limits set forth herein and which does not utilize any permanent structures except as
otherwise permitted herein. (Ord. 4214 §1(part), 1992).
17.23.015 Exemptions. Temporary uses of a duration of less than three days which are held on
county parks or public property and sponsored by bona fide charitable or nonprofit organization are
exempt from the requirements contained herein, provided such uses have prior approval of the parks
director or other county agency having responsibility for the county land being utilized.
Garage sales, yard sales, and similar temporary sales activities, shall be exempt from the
requirements contained herein as long as such activity does not exceed three days within any thirtyday period. (Ord. 4214 §1(part), 1992)
17.23.020 Permitted uses. The following temporary uses may be permitted subject to granting of a
temporary use permit and any conditions attached thereto in accordance with the provisions of this
chapter:
A.
Residential and agricultural zones or property for which a residential use has been approved:
1.
Subdivision model homes;
2.
Temporary construction yards and offices (used only in conjunction with
development of uses permitted by the applicable zone, said offices and yards to be
located on or immediately adjacent to the site of the development. One adult
caretaker may be present during nonconstruction hours);
3.
Youth, charitable or nonprofit organization activities;
4.
Similar temporary uses, which the planning director has determined to be compatible
with the zone and surrounding land uses.
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B.
C.
D.
C, CP and CPO zone districts:
1.
Those temporary uses listed in Section 17.23.020(A);
2.
Christmas tree lots (see Section 17.23.025);
3.
Similar temporary uses, which the planning director has determined to be compatible
with the zone and surrounding land uses.
CC and RF zone districts:
1.
Those temporary uses listed in Section 17.23.020(B);
2.
Auctions;
3.
Mechanical amusement rides;
4.
Outdoor carnivals, circuses and rodeos;
5.
Outdoor concerts;
6.
Outdoor itinerate shows;
7.
Outdoor religious revival meetings;
8.
Outdoor sales, when the sale occurs adjacent to the permanent retail facility in which
the same type of goods are sold by the same seller;
9.
Similar temporary uses, which the planning director has determined to be compatible
with the zone and surrounding land uses.
I, R & D, TC zone districts:
1.
Auctions;
2.
Christmas tree lots (see Section 17.23.025);
3.
Temporary construction yards and offices (used only in conjunction with
development of uses permitted in the applicable zones, said offices and yards to be
located on or immediately adjacent to the site of said development. One adult
caretaker may be present during nonconstruction hours);
4.
Youth, charitable or nonprofit organization projects;
5.
Similar temporary uses, which the planning director has determined to be compatible
with the zone and surrounding land uses. (Ord. 4214 §1(part), 1992)
17.23.025 Temporary uses subject to standard conditions. The following temporary uses are
permitted where noted subject to the conditions specified herein; and such other conditions as
deemed necessary by the planning director to mitigate potential adverse impacts.
A.
Christmas Tree Sales Lots
1.
The length of usage shall not exceed forty-five days in any calendar year;
2.
A minimum setback of ten feet shall be established between the street right-of-way
and the Christmas trees, signs or any structures;
3.
Signs shall not exceed three in number, nor should the total combined sign area
exceed fifty square feet;
4.
If located within an existing parking lot, reduction of available spaces shall not
exceed the amount noted in the following table:
Number of Available
Off-Street Parking Spaces
0 — 25
26 — 35
36 — 49
50 — 99
100+
106
Maximum Reduction
Allowed
0
2
3
4
5
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El Dorado County Zoning Ordinance
5.
6.
7.
The area shall be maintained free of litter and comply with any fire district
requirements;
A site plan shall be submitted with the business license application noting the
setbacks and parking spaces used for tree sales. The total quantity of existing available parking spaces shall be noted on the site plan;
The site plan shall not be approved until all the above requirements are satisfied.
(Ord. 4214 §1(part), 1992)
17.23.030 Other temporary uses not identified. Those temporary uses not specified herein, and not
determined by the planning director to be similar to those other uses identified above, shall only be
permitted subject to the processing and approval of a special use permit as described in Chapter
17.22. (Ord. 4214 §1(part), 1992)
17.23.040 Issuance of permit. Temporary uses may be subject to additional permits, licenses or
inspections as required by any applicable law, code or regulation. Temporary uses shall be permitted
in zones with planned development additives without applying for a planning development permit.
(Ord. 4214 §1(part), 1992; Ord. 4589 §6 (part), 2001)
17.23.050 Time limits. The planning director in conjunction with the other affected county
departments shall determine the time limitations of temporary uses which shall not exceed the
following maximum time limits for the following uses:
A.
Three consecutive days:
1.
Outdoor Sales - no more than three outdoor sales shall occur in the same location
during a calendar year;
B.
Ten consecutive days:
1.
Auctions;
2.
Concerts;
3.
Outdoor religious revival meetings;
4.
Outdoor carnivals, circuses, rodeos and itinerate shows;
5.
Mechanical amusement rides.
C.
Thirty consecutive days:
1.
Grand opening signs (one time only per use).
D.
Forty-five consecutive days:
1.
Christmas tree lots.
E.
One hundred eighty consecutive days, with thirty-day extension for climatic hardships:
1.
Vegetable, fruit or flower stands;
2.
Youth, charitable or nonprofit organization projects.
F.
Until the construction has received final utility clearance:
1.
Construction yard and office.
No new temporary use permit shall be issued within a thirty-day period from the expiration date of a
similar temporary use permit for the same property, or from removal of materials or structures
associated with said use, whichever occurs last. (Ord. 4214 §1(part), 1992)
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17.23.055 Expiration of use—Removal of materials—Bond required. All uses permitted by a
temporary use permit shall be terminated not later than the expiration date indicated upon the permit.
All materials or products used in connection with or resulting from the temporary use shall be
removed within five days after the expiration date indicated upon the permit. A bond (amount noted
below) or other acceptable security, shall be filed with the planning director at the time of application, shall be provided to insure removal of all materials, personal property, and structures for each
of the following uses:
A.
Construction yards and offices–bond amount one thousand dollars;
B.
Vegetable, fruit or flower stands–bond amount two hundred fifty dollars;
C.
Christmas tree lots–bond amount two hundred fifty dollars.
A bond or other security shall also be required for any other temporary use which the planning
director finds should be bonded to insure removal of all materials used in connection with or
resulting from the use.
Upon the removal of all materials associated with the approved temporary use, permitted under the
provisions of this chapter, the applicant shall request an inspection by the planning director regarding
the release or other disposition of the bond or security deposit. (Ord. 4214 §1(part), 1992)
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Chapter 17.25
FLOOD DAMAGE PREVENTION ORDINANCE
Sections:
17.25.010
17.25.020
17.25.030
17.25.040
17.25.050
17.25.060
Statutory authorization, findings of fact, purpose, intent and methods.
Definitions.
General Provisions.
Administration.
Provisions for flood hazard reduction.
Variance procedures.
17.25.010 Statutory authorization, findings of fact, purpose and intent.
A.
Statutory Authorization. The legislature of the state has in Government Code, Sections
65302, 65560, and 65800, conferred upon local governments the authority to adopt
regulations designed to promote the public, health, safety, and general welfare of its
citizenry. Therefore, the Board of Supervisors of El Dorado County does hereby adopt the
following floodplain management regulations.
B.
Findings of Fact.
1.
The flood hazard areas of the County are subject to periodic inundation, which could
result in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood protection
and relief, and impairment of the tax base, all of which adversely affect the public
health, safety and general welfare.
2.
These flood losses are caused by uses that are inadequately floodproofed, elevated or
otherwise protected from flood damage. The cumulative effect of obstructions in
areas of special flood hazards that increase flood heights and velocities also
contribute to flood losses.
C.
Purpose and Intent. It is the purpose of this Ordinance to implement General Plan Policy
6.4.1.1 requiring continued participation in the National Flood Insurance Program in order to
promote the public health, safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas. This Ordinance serves to provide legally
enforceable regulations applied uniformly throughout the community to all publicly and
privately owned land within flood prone areas. These regulations are designed to:
1.
Protect human life and health;
2.
Minimize expenditure of public money for costly flood-control projects;
3.
Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4.
Minimize prolonged business interruptions;
5.
Minimize damage to public facilities and utilities such as water and gas mains;
electric, telephone and sewer lines; and streets and bridges located in areas of special
flood hazard;
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6.
D.
Help maintain a stable tax base by providing for the sound use and development of
special flood hazard areas so as to minimize future blighted areas caused by flood
damage;
7.
Ensure that potential buyers are notified that property is in a special flood hazard
area;
8.
Ensure that those who occupy the special flood hazard areas assume responsibility
for their actions.
Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter
includes regulations to:
1.
Restrict or prohibit uses which are dangerous to health, safety, and property due to
water or erosion hazards, or which result in damaging increases in erosion, or in
flood heights or velocities;
2.
Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
3.
Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which help accommodate or channel floodwaters;
4.
Control the filling, grading, dredging, and other development which may increase
flood damage; and
5.
Prevent or regulate the construction of flood barriers which will unnaturally divert
floodwaters or which may increase flood hazards in other areas.
These regulations take precedence over any less restrictive or conflicting laws, ordinances or
codes.
17.25.020 Definitions. Unless specifically defined below, words or phrases used in this chapter
shall be interpreted so as to give them the meaning they have in common usage and to give this
Ordinance its most reasonable application.
“A zone” – Area of 100-year flood where base flood elevations and flood hazard factors have not
been determined.
“A1-A30 zones” – Area of 100-year flood where base flood elevations and flood hazard factors have
been determined.
“Accessory structure” means a subordinate building or structure detached from the principal building
or structure on the same lot and incidental to the principal building.
“Accessory use” means a use which is incidental and subordinate to the principal use of the parcel of
land on which it is located.
“Appeal” means a request for a review of the Floodplain Administrator’s interpretation of any
provision of this Ordinance.
“B zone” means areas between limits of the 100-year flood and 500-year flood; or certain areas
subject to 100-year flooding with average depths less than one foot or where the contributing
drainage area is less than one square mile.
“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given
year (also called a "100-year flood"). Base flood is the term used throughout this Ordinance.
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El Dorado County Zoning Ordinance
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for
Zones A1-30, that indicates the water surface elevation resulting from a flood that has a one percent
or greater chance of being equaled or exceeded in any given year.
“Basement” means any area of the building having its floor subgrade (i.e., below ground level) on all
sides.
“Building” – see “structure”.
“Development” means any man-made change to improved or unimproved real estate, including, but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
“Encroachment” means the advance or infringement of uses, plant growth, fill, excavation,
buildings, permanent structures, or other development into a floodplain that may impede or alter the
flow capacity of the floodplain.
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for serving the lots on which the manufactured home is to be
affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the
Ordinance codified in this Chapter.
“Expansion to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for serving the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction of streets, and either final site
grading or pouring of concrete pads).
“Flood, flooding, or floodwater” means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
1.
The overflow of inland or tidal waters; or
2.
The unusual and rapid accumulation of runoff of surface waters from any source;
“Flood boundary and floodway map (FBFM)” means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both the
special flood hazards areas and the floodway.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the special flood
hazards areas and the risk premium zones applicable to the community.
“Flood insurance study (FIS)” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and
Floodway Map, and the water surface elevation of the base flood. The flood insurance study, FIRMs
and FBFMs are on file at the Development Services Department, 2850 Fairlane Court, Placerville,
California 95667.
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“Floodplain or flood-prone area” means an area susceptible to floodwater. Also see “Flood, flooding,
or floodwater”.
“Floodplain Administrator” is the community official designated by title to administer and enforce
the floodplain management regulations. In El Dorado County, this duty falls on the Director of
Development Services or his/her authorized representative.
“Floodplain management” means the operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where possible, natural
resources in the floodplain, including but not limited to emergency preparedness plans, flood control
works, floodplain management regulations, and open space plans.
“Floodplain management regulations” means this Chapter, the remaining Zoning Ordinance,
subdivision regulations, building codes, health regulations, special purpose ordinances (such as
grading and erosion control) and other applications of police power that control development in
flood-prone areas. This term describes federal, state or local regulations in any combination thereof
that provide standards for preventing and reducing flood loss and damage.
“Floodproofing” means any combination of structural and nonstructural additions, changes or
adjustments to structures that reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet
floodproofing, see FEMA Technical Bulletins TB 1-93, TB 3-93, TB 7-93, and subsequent updates.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot. Also referred to as “Regulatory floodway”.
“Floodway fringe” is that area of the floodplain on either side of the “Regulatory Floodway” where
encroachment may be permitted.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface next to the
proposed walls of a structure prior to construction.
“Historic structure” means any structure that is:
1.
Listed individually in the National Register of Historic Places (a listing maintained
by the Department of Interior) or preliminarily determined by the Secretary of the
Interior as meeting the requirements for individual listing on the National Register;
2.
Certified or preliminarily determined by the Secretary of the Interior as contributing
to the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
3.
Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
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El Dorado County Zoning Ordinance
4.
Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either by an approved state
program as determined by the Secretary of the Interior or directly by the Secretary of
the Interior in states without approved programs.
“Lowest floor” means the lowest floor of the lowest enclosed area - see “Basement”. An unfinished
or flood-resistant enclosure that is usable solely for parking of vehicles, building access or storage in
an area other than a basement area, is not considered a building's lowest floor provided it conforms
to applicable non-elevation design requirements under Section 17.25.050.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected
to the required utilities. For floodplain management purposes, the term manufactured home also
includes mobile homes, park trailers, and other similar vehicles placed on a site for greater than one
hundred eighty consecutive days. The term “manufactured home” does not include a “recreational
vehicle.”
“Manufactured home park or subdivision” means a lot (or contiguous lots) of land divided into two
or more manufactured home lots for rent or sale.
“Market value” means the value of the structure shall be determined by estimating the cost to replace
the structure in new condition and adjusting that cost figure by the amount of depreciation which has
accrued since the structure was constructed.
1.
The cost of replacement of the structure shall be based on a square foot cost factor
determined by reference to a building cost estimating guide recognized by the
building construction industry.
2.
The amount of depreciation shall be determined by taking into account the age and
physical deterioration of the structure and functional obsolescence as approved by
the floodplain administrator, but shall not include economic or other forms of
external obsolescence.
Use of replacement costs or accrued depreciation factors different from those contained in
recognized building cost estimating guides may be considered only if such factors are included in a
report prepared by an independent professional appraiser and supported by a written explanation of
the differences.”
“Mean sea level” means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on
a community’s Flood Insurance Rate Map are referenced.
“Modern construction” means structures for which the “start of construction” commenced on or after
April 1, 1986, the initial adoption date of the County’s Flood Damage Prevention Ordinance, and
includes any subsequent improvements to such structures, pursuant to the Department of Water
Resources Guidelines, for floodplain management purposes.
“Modern manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed, including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads, is completed on or after April 1, 1986.
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113
“Obstruction” includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile,
abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence,
rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into
any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow
of water, or due to its location, its propensity to snare or collect debris carried by the flow of water,
or its likelihood of being carried downstream.
“One-hundred-year flood” or “100-year flood” – means a flood having a one percent chance of being
equaled or exceeded in any given year (also called a “base flood”).
“Public safety and nuisance” as related to Section 17.25.060 of this Ordinance, means that the
granting of a variance must not result in anything which is injurious to safety or health of an entire
community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free
passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
“Recreational vehicle” means a motor home, travel trailer, truck camper, or camping trailer, with or
without motive power, originally designed for human habitation for recreational or emergency
occupancy with a living area of 320 square feet or less and bearing the state or federal insignia of
approval for recreational vehicles.
“Regulatory floodway” means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
“Remedy a violation” means to bring the structure or other development into compliance with state
or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its
noncompliance through such means as protecting the structure or other affected development from
flood damages, implementing the enforcement provisions of the Ordinance or otherwise deterring
future similar violations, or reducing state or federal financial exposure with regard to the structure
or other development.
“Riverine” means relating to, formed by, or resembling a river (including tributaries), stream, brook,
etc.
“Special flood hazard area (SFHA)” means an area in a floodplain subject to a base flood. In El
Dorado County, it is shown on an FHBM or FIRM, and all subsequent amendments and/or revisions,
as Zones A, A1-A9, A14, A24, or B, which are defined under “A zone”, “A1-A30 zones” and “B
zone”.
“Start of construction” includes substantial improvement and other proposed new development and
means the date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from
the date of the permit. The actual start means either the placement of a manufactured home on a
foundation, or the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond
the stage of excavation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does it
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include excavation for a basement, footings, piers, or foundation or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building that is principally above ground; this includes a gas
or liquid storage tank or a manufactured home.
“Substantial damage” means:
1.
Damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before damage occurred; or
2.
Flood-related damages sustained by a structure on two separate occasions during a
10-year period for which the cost of repairs at the time of each such event, on the
average, equals or exceeds 25 percent of the market value of the structure before the
damage occurred. This is also known as ‘repetitive loss.
“Substantial improvement” means any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure,
before the “start of construction” of the improvement. This term includes structures which have
incurred “substantial damage”, regardless of the actual repair work performed. The term does not,
however, include any alteration of a “historic structure” provided that the alteration will not preclude
the structure’s continued designation as a “historic structure”. (See Appendix: “Checklist for
Determination of Substantial Improvement”)
“Variance” means a grant of relief from the requirements of this Ordinance which permits
construction in a manner that would otherwise be prohibited by this Ordinance.
“Violation” means the failure of a structure or other development to be fully compliant with this
Ordinance. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this Ordinance is presumed to be in violation until such
time as that documentation is provided.
“Water surface elevation” means the height, in relation to the National Geodetic Vertical Datum
(NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of
various magnitudes and frequencies in the floodplains of coastal or riverine areas.
“Watercourse” means a lake, river, creek, stream, wash, arroyo, channel, or other topographic
feature on or over which waters flow at least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
17.25.030 General Provisions.
A.
Application. This Ordinance shall apply to all development in the SFHAs within the
jurisdiction of the County.
B.
Compliance. Violation of the following requirements (including violations of conditions and
safeguards) shall constitute a misdemeanor. Nothing herein shall prevent the County from
taking such lawful action as is necessary to prevent or remedy any violation.
El Dorado County Zoning Ordinance
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115
1.
C.
D.
E.
F.
No structure shall hereafter be located, constructed, extended, converted, nor land
altered without full compliance with the terms of this Chapter and other applicable
regulations.
2.
No new critical or high occupancy structures (such as schools and hospitals) shall be
located in the 100-year floodplain of any river, stream, or other body of water
pursuant to General Plan Policy 6.4.1.3.
Abrogation and greater restrictions. This Ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restriction. However, where this
Ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
Interpretation. In the interpretation and application of this Ordinance, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
Warning and Disclaimer of Liability. The degree of flood protection required by this
Ordinance is considered reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes. This Ordinance does not imply
that land outside the special flood hazard areas or uses permitted within such areas will be
free from flooding or flood damages. This Ordinance shall not create liability on the part of
the County, any officer or employee thereof, the State of California, or the Federal
Emergency Management Agency for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made hereunder.
Severability. This Chapter and the various parts thereof are hereby declared to be severable.
Should any section of this Chapter be declared by the courts to be unconstitutional or invalid,
such decision shall not affect the validity of this Chapter as a whole, or any portion thereof
other than the Section so declared to be unconstitutional or invalid.
17.25.040 Administration.
A.
Designation of the Floodplain Administrator. The Director of Development Services or
authorized representative is appointed to administer, implement, and enforce this chapter by
granting or denying development permits in accordance with its provisions.
B.
Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities
of the Floodplain Administrator shall include, but not be limited to the following:
1.
Permit Review. Review all development permits to determine that:
a.
Permit requirements of this Chapter have been satisfied, including
determination of substantial improvement and substantial damage of existing
structures;
b.
All other required state and federal permits have been obtained;
c.
The site is reasonably safe from flooding;
d.
The proposed development does not adversely affect the carrying capacity of
areas where base flood elevations have been determined but a floodway has
not been designated. This means that the cumulative effect of the proposed
development when combined with all other existing and anticipated
development will not increase the water surface elevation of the base flood
more than one foot at any point within El Dorado County; and
e.
All Letters of Map Revision (LOMRs) for flood control projects are
approved prior to the issuance of building permits. Building permits must
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2.
3.
4.
5.
6.
7.
not be issued based on Conditional Letters of Map Revision (CLOMRs).
Approved CLOMRs allow construction of the proposed flood control project
and land preparation as specified in the “start of construction” definition.
Review, Use and Development of Other Base Flood Data. The Floodplain
Administrator shall obtain, review, and reasonably utilize any base flood elevation
and floodway data available from a federal agency, such as that provided by the
Federal Emergency Management Agency (FEMA) under the Flood Insurance Study
for El Dorado County, or state agency or other source, in order to administer Section
17.25.050 “Provisions for Flood Hazard Reduction”.
NOTE: A base flood elevation shall be obtained using one of two methods from the
FEMA publication, FEMA 265, “Managing Floodplain Development in
Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100year) Flood Elevations” dated July 1995.
Notification of Other Agencies. The Floodplain Administrator shall perform the
following tasks prior to a County permit being issued if, as the result of the permit
issuance, the following physical changes will occur:
a.
Alteration or relocation of a watercourse:
(1)
Notify adjacent communities and the California Department of Water
Resources;
(2)
Submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
(3)
Assure that the flood-carrying capacity within the altered or relocated
portion of said watercourse is maintained.
b.
Base Flood Elevation changes based on Subsection 17.25.050.D :
(1)
Submit, or assure that the permit applicant submits, technical or
scientific data to FEMA for a Letter of Map Revision (LOMR). Such
submissions are necessary so that upon confirmation of those
physical changes affecting flooding conditions, risk premium rates
and floodplain management requirements are based on current data.
c.
Changes in corporate boundaries:
(1)
Notify FEMA in writing whenever the corporate boundaries have
been modified by annexation or other means, to include a copy of a
community map clearly delineating the new corporate limits.
Documentation of Floodplain Development. Obtain and maintain for public
inspection and make available as needed all certifications, records and permits
demonstrating compliance with the requirements of this Chapter. In addition, a
record of all variance actions, including justification for their issuance, shall be
maintained and submitted in the biennial report to FEMA.
Map Determination. Make interpretations where needed, as to the exact location of
the boundaries of the SFHA, where there appears to be a conflict between a mapped
boundary and actual field conditions. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as
provided in Subsection 17.25.040.D.
Remedial Action. Take action to remedy violations of this Ordinance as specified in
Subsection 17.25.030.B.
Biennial Report. Every two years, complete and submit a Biennial Report to FEMA
describing the County's progress in the previous two years in implementing
floodplain management measures and on its needs for re-mapping and technical
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C.
D.
118
assistance. Submission of this report is required as part of the County's participation
in the NFIP.
8.
Planning. Assure the General Plan is consistent with floodplain management
objectives herein.
9.
Non-conversion of Enclosed Areas Below the Lowest Floor. To ensure that the
areas below the BFE shall be used solely for parking vehicles, limited storage, or
access to the building and not be finished for use as human habitation without first
becoming fully compliant with the floodplain management Ordinance in effect at the
time of conversion, the Floodplain Administrator shall:
a.
Determine which applicants for new construction and/or substantial
improvements have fully enclosed areas below the lowest floor that are five
feet or higher;
b.
Enter into a “NON-CONVERSION AGREEMENT FOR CONSTRUCTION WITHIN
FLOOD HAZARD AREAS” or equivalent with the County. The agreement shall
be recorded with the County Recorder as a deed restriction. The nonconversion agreement shall be in a form acceptable to the Floodplain
Administrator and County Counsel; and
c.
Have the authority to inspect any area of a structure below the base flood
elevation to ensure compliance upon prior notice of at least 72 hours.
Development Permit Process. All development that requires a building or grading permit
within a SFHA shall comply with the following requirements:
1.
In addition to the standard submittal information required under the building and/or
grading permit application, the applicant shall provide the following minimum
information:
a.
Plans in duplicate, drawn to scale, showing:
(1)
Location of the regulatory floodway when applicable;
(2)
Base flood elevation information as specified in Subsection
17.25.040.B(2);
(3)
Proposed elevation in relation to mean sea level of the lowest floor
(including basement) of all structures; and
(4)
Proposed elevation in relation to mean sea level to which any
nonresidential structure will be floodproofed, as required in
Subsection 17.25.050.A(3.b) of this Ordinance and detailed in FEMA
Technical Bulletin TB 3-93.
b.
Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets all applicable floodproofing
criteria under Section 17.25.050.
c.
For a crawl-space foundation, location and total net area of foundation
openings as required in Subsection 17.25.050.A(3.c) of this Ordinance and
detailed in FEMA Technical Bulletins 1-93 and 7-93.
d.
Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
e.
All appropriate certifications, records and permits demonstrating compliance
with the requirements of this Chapter.
Appeals. The Board of Supervisors shall hear and decide appeals when it is alleged there is
an error in any requirement, decision, or determination made by the Floodplain
Administrator in the enforcement or administration of this Chapter.
(Revised December 2009)
El Dorado County Zoning Ordinance
17.25.050 Provisions for flood hazard reduction.
A.
Standards of Construction. In all SFHAs, the following standards are required:
1.
Anchoring - All new and modern construction and substantial improvement of any
structure shall be adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy.
2.
Construction Materials and Methods - All new and modern construction and
substantial improvement of any structure shall be constructed:
a.
With flood-resistant materials and utility equipment resistant to flood damage
for areas below the base flood elevation;
b.
Using methods and practices that minimize flood damage; and
c.
With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as
to prevent water from entering or accumulating within the components during
conditions of flooding.
3.
Elevation and Floodproofing.
a.
Residential construction: All new and modern construction and substantial
improvement of any residential structure shall have the lowest floor,
including basement:
(1)
In A1-A9, A14 and A24 Zones, elevated 2 feet above the base flood
elevation (BFE).
(2)
In an A zone, without BFEs specified on the FIRM (unnumbered A
zone), elevated 2 feet above the base flood elevation. The applicant
shall identify the SFHA and BFE in compliance with Subsection
17.25.040.B(2);
(3)
Manufactured/mobile homes or Temporary Mobile Home/RV with a
Hardship Permit (TMA), placed or substantially improved on a site
within any SFHA, shall:
(a)
Be elevated on a permanent foundation such that the lowest
floor of the dwelling unit is elevated 2 feet above the BFE, as
specified on the FIRM or as determined under Subsection
17.25.040.B(2), and be securely fastened to an adequately
anchored foundation system to resist flotation, collapse, and
lateral movement.
Prior to the foundation or set–up inspection approval, the elevation of the lowest
floor, as defined, shall be certified by a registered civil engineer or licensed land
surveyor, and certified by a County building inspector to be properly elevated.
Failure to submit elevation certification shall be cause to issue a stop work order for
the project. As-built plans certifying the elevation of the lowest adjacent grade is
also required. Such certification and verification shall be provided to the Floodplain
Administrator.
b.
Nonresidential construction: All new and modern construction and
substantial improvement of any nonresidential structure shall either be
elevated to conform to Subsection 17.25.050.A(3.a) of this paragraph or:
(1)
Be floodproofed, together with attendant utility and sanitary facilities,
below the elevation recommended under Subsection
17.25.050.A(3.a), so that the structure is watertight with walls
substantially impermeable to the passage of water;
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(2)
c.
d.
120
Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3)
Be certified by a registered civil engineer or architect that the
standards of both Subsections 17.25.050.A(3.a) or (3.b) are satisfied.
Such certification shall be provided to the Floodplain Administrator.
Flood openings. All new and modern construction and substantial
improvements of any structures with fully enclosed areas below the lowest
floor (excluding basements) that are usable solely for parking of vehicles,
building access or storage, and which are subject to flooding, shall be
designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwater. Designs for meeting this
requirement must meet the following minimum criteria:
(1)
For non-engineered openings:
(a)
Have a minimum of two openings on different sides having a
total net area of not less than one square inch for every square
foot of enclosed area subject to flooding;
(b)
The bottom of all openings shall be no higher than one foot
above grade.
(c)
Openings may be equipped with screens, louvers, valves or
other coverings or devices provided that they permit the
automatic entry and exit of floodwater; and
(d)
Buildings with more than one enclosed area must have
openings on exterior walls for each area to allow flood water
to directly enter; or
(2)
Be certified by a licensed civil engineer or architect.
Garages and low cost accessory structures.
(1)
Attached garages.
(a)
A garage attached to a residential structure, constructed with
the garage floor slab below the BFE, must be designed to
allow for the automatic entry of flood waters; see Subsection
17.25.050.A(3.c). Areas of the garage below the BFE must be
constructed with flood resistant materials; see Subsection
17.25.050.A(2).
(b)
A garage attached to a nonresidential structure must meet the
above requirements or be dry floodproofed. For guidance on
below grade parking areas, see FEMA Technical Bulletin TB6.
(2)
Detached garages and accessory structures.
(a)
“Accessory structures” used solely for parking, limited
storage, or other non–habitable use, may be constructed such
that its floor is below the BFE, provided the structure is
designed and constructed in accordance with the following
requirements:
(i)
Use of the accessory structure must be limited to non–
habitable use;
(ii)
The portions of the accessory structure located below
the BFE must be built using flood-resistant materials;
(iii)
The accessory structure must be adequately anchored
(Revised December 2009)
El Dorado County Zoning Ordinance
to prevent flotation, collapse and lateral movement;
Any mechanical and utility equipment in the
accessory structure must be elevated or floodproofed
to or above the BFE;
(v)
The accessory structure must comply with floodplain
encroachment provisions in Subsection 17.25.050.F;
and
(vi)
The accessory structure must be designed to allow for
the automatic entry of flood waters in accordance
with Subsection 17.25.050.A(3.c).
(b)
Detached garages and accessory structures not meeting the
above standards must be constructed in accordance with all
applicable standards in Subsection 17.25.050.A.
Crawlspace construction. This Subsection applies to buildings with crawl
spaces up to two feet below grade. Below-grade crawl space construction in
accordance with the requirements listed below will not be considered
basements.
(1)
The building must be designed and adequately anchored to resist
flotation, collapse, and lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy. Crawl space construction is not allowed in areas with
flood velocities greater than five feet per second unless the design is
reviewed by a qualified design professional, such as a licensed
engineer or architect;
(2)
The crawl space is an enclosed area below the BFE and, as such,
must have openings that equalize hydrostatic pressures by allowing
for the automatic entry and exit of floodwaters. For guidance on
flood openings, see FEMA Technical Bulletin 1-93;
(3)
Portions of the building below the BFE must be constructed with
materials resistant to flood damage. This includes not only the
foundation walls of the crawl space used to elevate the building, but
also any joists, insulation, or other materials that extend below the
BFE; and
(4)
Any building utility systems within the crawl space must be elevated
above BFE or designed so that floodwaters cannot enter or
accumulate within the system components during flood conditions.
(5)
Requirements for all below-grade crawl space construction, in
addition to the above requirements, to include the following:
(a)
The interior grade of a crawl space below the BFE must not
be more than two feet below the lowest adjacent exterior
grade (LAG), shown as D in figure 3 of Technical Bulletin
11-01;
(b)
The height of the below-grade crawl space, measured from
the interior grade of the crawl space to the top of the crawl
space foundation wall must not exceed four feet (shown as L
in figure 2 of Technical Bulletin 11-01) at any point;
(c)
There must be adequate drainage system that removes
floodwaters from the interior area of the crawl space within a
(iv)
e.
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(d)
B.
C.
D.
122
reasonable period of time after a flood event, not to exceed 72
hours; and
The velocity of floodwaters at the site should not exceed five
feet per second for any crawl space. For velocities in excess
of five feet per second, other foundation types should be used.
Standards for Utilities.
1.
All new and replacement water supply and sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system and discharge
from systems into floodwaters.
2.
On-site waste disposal systems shall be located to avoid impairment to them, such as
soil scouring from flood waters, or contamination from them during flooding.
Standards for Subdivisions and Other Proposed Development.
1.
Creation of new lots which lie entirely within the SFHAs as identified on the most
current version of the flood insurance rate maps provided by FEMA or dam failure
inundation areas as delineated in dam failure emergency response plans maintained
by the County is prohibited pursuant to General Plan Policy 6.4.1.4.
2.
New lots which are partially within the SFHAs or dam failure inundation areas, as
delineated in dam failure emergency response plans maintained by the County, must
have sufficient land available outside the FEMA or County designated SFHAs or the
dam inundation areas for construction of dwelling units, accessory structures, and
septic systems, while meeting all other required development standards, pursuant to
General Plan Policy 6.4.1.5.
3.
All new subdivision proposals and other proposed development, including proposals
for manufactures home parks and subdivisions, shall:
a.
Identify the SFHAs and the BFEs.
b.
Identify the elevations of the lowest floors of all proposed structures and
pads, if applicable, on the final plans.
c.
If the site is filled above the BFE, the following as-built information for each
structure shall be certified by a registered civil engineer or licensed land
surveyor and provided as part of an application for a Letter of Map Revision
Based on Fill (LOMR-F) to the Floodplain Administrator:
(1)
Lowest floor elevation.
(2)
Pad elevation.
(3)
Lowest adjacent grade.
4.
All subdivision proposals shall be consistent with the need to minimize flood
damage.
a.
All subdivision proposals and other proposed development shall have public
utilities and facilities such as sewer, gas, electrical, and water systems located
and constructed to minimize flood damage.
b.
All subdivisions and other proposed development shall provide adequate
drainage provided to reduce exposure to flood hazards.
Floodways.
Since floodways are an extremely hazardous area due to the velocity of floodwaters which
carry debris, potential projectiles, and erosion potential, the following provisions apply:
1.
Until a regulatory floodway is adopted, no new or modern construction, substantial
improvement of any structure, or other development (including fill) shall be
permitted within Zones A1-A9, A14 and A24, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
3.
development, will not increase the BFE more than one foot at any point within the
County.
Within an adopted regulatory floodway, the County shall prohibit encroachments,
including fill, new or modern construction, substantial improvements to any
structure, and other development, unless certification by a licensed civil engineer is
provided demonstrating that the proposed encroachment shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
If subsections 1 and 2 above are satisfied, all new or modern construction, substantial
improvement to any structure, and other proposed new development shall comply
with all other applicable flood hazard reduction provisions of this Section
(17.25.050).
17.25.060 Variance procedures.
A.
Nature of Variances. The issuance of a variance is for floodplain management purposes
only. The variance criteria set forth in this Section of the Ordinance are based on the general
principle of zoning law that variances pertain to a piece of property and are not personal in
nature. Insurance premium rates are determined by statute according to actuarial risk and
will not be modified by the granting of a variance.
In addition to the specific findings found under Section 17.52.070, approval of a variance for
floodplain management purposes must not cause fraud on or victimization of the public. In
examining this requirement, the approving authority will consider the fact that every newly
constructed building adds to government responsibilities and remains a part of the
community for 50 to 100 years. Buildings that are permitted to be constructed below the
BFE are subject during all those years to increased risk of damage from floods, while future
owners of the property and the community as a whole are subject to all the costs,
inconvenience, danger, and suffering that those potential risks bring. In addition, future
owners may purchase the property, unaware that it is subject to potential flood damage, and
could be insured only at very high flood insurance rates.
B.
The long term goal of preventing and reducing flood loss and damage can only be met if
variances are strictly limited. Therefore, the variance guidelines provided in this Ordinance
are more detailed and contain multiple provisions that must be met before a variance can be
properly granted. The criteria are designed to screen out those situations in which
alternatives other than a variance are more appropriate.
Criteria. In passing upon requests for variances, the approving authority shall consider all
technical evaluations, relevant factors, standards specified in other sections of this
Ordinance, as well as the:
1.
Danger that materials may be swept onto other lands to the injury of others;
2.
Danger to life and property due to flooding or erosion damage;
3.
Susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the existing individual owner and future owners of the property;
4.
Importance of the services provided by the proposed facility to the community;
5.
Necessity to the facility of a waterfront location, where applicable;
6.
Availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage;
7.
Compatibility of the proposed use with existing and anticipated development;
El Dorado County Zoning Ordinance
(Revised December 2009)
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8.
C.
124
Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9.
Safety of access to the property in time of flood for ordinary and emergency vehicles;
10.
Expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site; and
11.
Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical, and water system, and streets and bridges.
Provisions.
1.
Generally, variances may be issued for new or modern construction, substantial
improvement of any structure, and other proposed new development on a lot of onehalf acre or less in size adjoining and surrounded by lots with existing structures
constructed below the BFE, providing that the procedures of Sections 17.25.040 and
17.25.050 of this Ordinance have been fully considered. As the lot size increases
beyond one-half acre, the technical justification required for issuing the variance
increases.
2.
Variances may be issued for the repair or rehabilitation of “historic structures”, as
defined in Section 17.25.020, upon a determination that the proposed repair or
rehabilitation will not preclude the structure’s continued designation as an historic
structure and the variance is the minimum necessary to preserve the historic character
and design of the structure.
3.
Variances shall not be issued within any mapped regulatory floodway if any increase
in flood levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance is the
“minimum necessary”, considering the flood hazard, to afford relief. “Minimum
necessary” means to afford relief with a minimum of deviation from the requirements
of this Ordinance. For example, in the case of variances to an elevation requirement,
this means the approving authority need not grant permission for the applicant to
build at grade, or even to whatever elevation the applicant proposes, but only to that
elevation which the approving authority believes will both provide relief and
preserve the integrity of the Ordinance.
5.
In addition to the findings under Section 17.52.070, variances shall only be issued
upon a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, or extraordinary public expense; and will
not create a nuisance (Section 17.25.020), cause fraud and victimization of the
public, or conflict with existing laws or ordinances.
6.
Upon consideration of the factors of Subsection 17.25.060.C(1) and the purposes of
this Ordinance, the Board may attach such conditions to the granting of variances as
it deems necessary to further the purpose of this Ordinance.
7.
Any applicant to whom a variance is granted shall be given written notice over the
signature of the Director that:
a.
The issuance of a variance to construct a structure below the BFE will result
in increased premium rates for flood insurance; and
b.
Such construction below the BFE increases risks to life and property. It is
recommended that a copy of the notice shall be recorded by the Floodplain
Administrator in the office of the County Recorder-Clerk and shall be
recorded in a manner so that it appears in the chain of title of the affected lot
of land.
(Revised December 2009)
El Dorado County Zoning Ordinance
8.
The Floodplain Administrator will maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its
biennial report submitted to FEMA.
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THIS SPACE INTENTIONALLY LEFT BLANK.
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El Dorado County Zoning Ordinance
Chapter 17.26
UNCLASSIFIED (U) DISTRICTS
Sections:
17.26.010
17.26.020
17.26.030
17.26.040
17.26.050
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
17.26.010 Purpose. The purpose of the unclassified districts is to provide for a nominal reservation
of use, yet afford protection from encroachment of unrelated uses tending to have an adverse effect
on the orderly and homogeneous development of the area. (Prior code §9410(a))
17.26.020 Applicability. The regulations set forth in this chapter shall apply in U unclassified
districts and shall be subject to the applicable provisions of Chapters 17.14, 17.16 and 17.18. (Prior
code §9410(b))
17.26.030 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
Single-family detached dwelling;
B.
Agricultural uses:
1.
Accessory buildings and structures;
C.
One unlighted sign not to exceed twelve square feet message area advertising activities on
the premises;
D.
Reserved;
E.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four and concerts or recitals are not held, and
no display of goods is visible from outside of the property; the use must be carried on in the
main building and be incidental to the residential use of the premises and be carried on by a
resident thereon. (Ord. 3606 §3, 1986: Ord. 3366 §2, 1983; Ord. 3364 §1, 1983; prior code
§9410(c))
17.26.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the county planning commission:
A.
All other buildings, structures, signs, uses or expansion thereof. (Ord. 3606 §4, 1986: Ord.
3439 §1, 1984: Ord. 3366 §3, 1983; Ord. 3364 §2, 1983; prior code §9410(d))
El Dorado County Zoning Ordinance
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127
17.26.050 Development standards. The following provisions shall apply in all U unclassified
districts unless a variance is obtained from the planning commission:
A.
Minimum lot area, one acre;
B.
Maximum lot coverage, none;
C.
Minimum lot width, sixty feet;
D.
Minimum yard setbacks: front and rear, thirty feet; sides, thirty feet; except the side yard
shall be increased one foot (1') for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992)
E.
Maximum building height, forty-five feet (45'). (Ord. 3606 §5, 1986: Ord. 3366 §§4,5,
1983; prior code §9410(e); Ord. 4236, 1992)
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El Dorado County Zoning Ordinance
Chapter 17.28
RESIDENTIAL DISTRICTS
Sections:
I.
ONE-FAMILY RESIDENTIAL (R1) DISTRICTS
17.28.010
17.28.020
17.28.030
17.28.040
II.
ONE-ACRE RESIDENTIAL (R1A) DISTRICTS
17.28.050
17.28.060
17.28.070
17.28.080
III.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Maintenance agreement required for various forms of attached
single-family dwellings.
MULTIFAMILY RESIDENTIAL (RM) DISTRICTS
17.28.130
17.28.140
17.28.150
17.28.160
17.28.161
V.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
LIMITED MULTIFAMILY RESIDENTIAL (R2) DISTRICTS
17.28.090
17.28.100
17.28.110
17.28.120
17.28.121
IV.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Maintenance agreement required for various forms of attached
single-family dwellings.
ESTATE RESIDENTIAL FIVE-ACRE (RE-5) ZONE DISTRICTS
17.28.170
17.28.180
17.28.190
17.28.200
17.28.210
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
El Dorado County Zoning Ordinance
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129
VI.
TOURIST RESIDENTIAL (RT) DISTRICTS
17.28.220
17.28.230
17.28.240
17.28.250
17.28.251
VIII.
SINGLE-FAMILY TWO-ACRE RESIDENTIAL (R2A) DISTRICTS
17.28.300
17.28.310
17.28.320
17.28.330
17.28.340
IX.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
ONE-HALF ACRE RESIDENTIAL (R-20,000) DISTRICTS
17.28.350
17.28.360
17.28.370
17.28.380
17.28.390
X.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Maintenance agreement required for various forms of attached single-family
dwellings.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
SINGLE-FAMILY THREE-ACRE RESIDENTIAL (R3A) DISTRICTS
17.28.400
17.28.410
17.28.420
17.28.430
17.28.440
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
I. ONE-FAMILY RESIDENTIAL (R1) DISTRICTS
17.28.010 Applicability. The regulations set forth in Sections 17.28.020 through 17.28.040 shall
apply in all R1 districts (one-family residential district) and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9411(part))
17.28.020 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One-family detached dwelling;
B.
Renting of not more than one room;
C.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
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El Dorado County Zoning Ordinance
D.
E.
F.
G.
H.
I.
J.
instruction is not given to groups in excess of four, and concerts or recitals are not held, and
no display of goods is visible from the outside of the property; such use must be carried on in
the main building and be incidental to the residential use of the premises and be carried on
by a resident thereon;
Reserved;
Public utilities distribution lines;
Public parks;
One unlighted sign not exceeding six square feet in area advertising authorized activities on
the premises;
Excavation of earth and drilling of wells exclusively for residential purposes;
Noncommercial accessory uses and buildings, including one swimming pool, one garage,
one boathouse, one stable (provided the stable is located on a lot of one acre or more).
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks:
2.
Compliance with all applicable off-street parking requirements except, however, that
the surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivision;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home, and if it is in a garage, the office shall be
converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage, if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214 §2, 1992;
Ord. 3606 §6, 1986: Ord. 3364 §3, 1983; prior code §9411(a))
17.28.030 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Schools, noncommercial playgrounds, cemeteries and golf courses;
B.
Nonprofit membership clubs and associations;
C.
Public utilities buildings and structures other than distribution and transmission lines;
D.
Place of worship;
E.
Reserved;
F.
Other sign sizes and applicable general provisions as itemized in Chapter 17.16;
G.
Airports, heliports and their accessory uses and structures;
H.
Home occupations not listed in subsection C of Section 17.28.020 which require special
consideration such as use of power tools, accessory building, noise and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
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131
I.
J.
Health facility;
Community care facility. (Ord. 4214 §3, 1992; Ord. 3606 §7, 1986: Ord. 3419 §1, 1984:
Ord. 3364 §4, 1983; prior code §9411 (b))
17.28.040 Development standards. The following provisions shall apply in R1 districts unless and
until a variance is obtained from the planning commission:
A.
Minimum lot area, six thousand square feet when the lot is served with public water supply
and sewage system; ten thousand square feet when either the proposed water supply is a well
located on the lot, or the proposed sewage disposal system is a septic tank located on the lot;
twenty thousand square feet when the proposed water supply is a well and the proposed
sewage disposal system is a septic tank, both located on the lot;
B.
Maximum lot coverage, thirty-five percent (including accessory buildings);
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, twenty feet; sides, five feet, except the side yard shall be increased
one foot for each additional foot of building height in excess of twenty-five feet (25'); rear,
fifteen feet (15'); (Ord. 4236, 1992)
E.
Maximum building height, forty feet (40'). (Prior code §9411(c); Ord. 4236, 1992)
II. ONE-ACRE RESIDENTIAL (R1A) DISTRICTS
17.28.050 Applicability. The regulations set forth in Sections 17.28.060 through 17.28.080 shall
apply to all R1A districts, and R1A districts shall be subject to the provisions of Chapters 17.14,
17.16 and 17.18. No building or structure shall be erected, structurally altered or enlarged, nor shall
any building, structure or land be used except as follows. (Prior code §9411.5(part))
17.28.060 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One-family detached dwelling:
1.
Guesthouse not to exceed four hundred square feet as an accessory use to an existing
dwelling,
2.
Accessory uses and structures including but not limited to garage, swimming pool,
pumphouse, boathouse,
3.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held, and no display of goods is visible from the outside
of the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
B.
Reserved;
C.
Drilling of wells or excavation of earth exclusively for residential purposes;
D.
Public park or playground, golf course;
E.
One stable;
F.
One unlighted sign not over six square feet;
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El Dorado County Zoning Ordinance
G.
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements except, however, that
surface may be gravel in lieu of asphalt pavement;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivision;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home, and if it is in a garage, the office shall be
converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage, if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214, 1992; Ord.
3606 §8, 1986: Ord. 3364 §§5, 6, 1983; prior code §9411.5 (a))
17.28.070 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit from the planning commission:
A.
Place of worship;
B.
Academic school; nonprofit membership club or association; cemetery;
C.
Public utility structure;
D.
Reserved;
E.
Other sign sizes and applicable general provisions as itemized in Chapter 17.16;
F.
Airports, heliports and their accessory uses and structures;
G.
Home occupations not listed in subsection A of Section 17.28.060 which require special
consideration such as use of power tools, accessory building, noise, and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
H.
Health facility;
I.
Community care facility. (Ord. 4214 §5, 1992; Ord. 3606 §9, 1986: Ord. 3419 §2, 1984:
Ord. 3364 §§7, 8, 1983; prior code 9411.5(b))
17.28.080 Development standards. The following area and building regulations shall apply in R1A
districts, unless a variance is first obtained from the planning commission:
A.
Minimum parcel area, one acre;
B.
Minimum parcel area per dwelling unit, same as subsection A of this section;
C.
Maximum building coverage, thirty-five percent;
D.
Minimum parcel width, one hundred feet;
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133
E.
F.
Minimum yards: front, thirty feet; sides, fifteen feet, except the side yard shall be increased
one foot (1') for each additional foot of building height in excess of twenty-five feet (25');
rear thirty feet (30'); stable (front), thirty feet (30'); sides, thirty feet (30'); rear, thirty feet
(30'); (Ord. 4236, 1992)
Maximum building height, forty-five feet (45'). Prior code §9411.5(c); Ord. 4236, 1992)
III. LIMITED MULTIFAMILY RESIDENTIAL (R2) DISTRICTS
17.28.090 Applicability. The regulations set forth in Sections 17.28.100 through 17.28.120 shall
apply in all R2 districts (limited multif amily residential districts), and shall be subject to the
provisions of Chapters 17.14, 17.16 and 17.18. (Prior code §9412(part))
17.28.100 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use allowed by right in an R1, single-family residential, zone;
B.
Multiple-family dwellings without limit to the number of units per structure; roominghouse
and boardinghouse;
C.
Accessory use and structure;
D.
One unlighted sign not exceeding twelve square feet in area, advertising authorized activities
on the premises;
E. Reserved;
F.
Attached single-family dwellings and accessory uses. (Ord. 3606 §10, 1986: Ord. 3493 §1,
1984: Ord. 3364 §9, 1983; Ord. 3331 §1, 1983: prior code §9412(a))
17.28.110 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in the R1, single-family residential, zone;
B.
Place of worship;
C.
Business, trade or nursery school, library, professional or business office;
D.
Commercial membership club and association;
E.
Health facility, community care facility, or clinic; (Ord. 4683 §1, 2005)
F.
Reserved;
G.
Other sign sizes and applicable general provisions as itemized in Chapter 17.16;
H.
Airports, heliports and their accessory uses and structures. (Ord. 3606 §11, 1986: Ord. 3419
§3, 1984: Ord. 3364 §10, 1983; prior code §9412(b))
17.28.120 Development standards. The following provisions shall apply in all R2 districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, six thousand square feet, or minim um lot area shall be two thousand
square feet when proposed with attached single-family dwellings; however, no lot of less
than six thousand square feet shall be created prior to the dwelling being constructed;
B.
Maximum building coverage, fifty percent of the lot, including accessory structures;
C.
Minimum lot width, sixty feet, or twenty feet when proposed with attached single-family
dwellings;
D.
Minimum yards: front, twenty feet; sides, five feet; rear, fifteen feet; between buildings, ten
feet; access court to a group of buildings, twenty feet in width, or zero feet for all yards
where common wall or party wall exists;
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El Dorado County Zoning Ordinance
E.
F.
Maximum building height, forty feet (40'); (Ord. 4236, 1992)
Density: no less than two thousand square feet for each dwelling unit; however, the
maximum density shall be no greater than the highest density established by the adopted
general plan land use element. (Ord. 3331 §2, 1983: Ord. 3237 §1, 1982; prior code
§9412(c))
17.28.121 Maintenance agreement required for various forms of attached single-family dwellings.
A.
The applicant shall submit a copy of a maintenance agreement covering the thirteen items as
listed in subsection B of this section. A maintenance agreement must be recorded prior to
receiving the certificate of occupancy for any unit. Applicants should contact the lending
institution of their choice to review the maintenance agreement proposed to be recorded.
B.
The items that must be mentioned in the maintenance agreement are as follows:
1.
Purpose of the agreement. Included in this area should be comments with reference
to the protection of the value and desirability of the property. The conditions,
covenants and restrictions of the agreement shall stay with the real property and be
binding upon all parties having right, title or interest in the property and will run with
the land in perpetuity. Therefore, the agreement must be recorded in the county
where the property is located;
2.
The legal description of the property;
3.
The maintenance agreement must define the scope of the maintenance, what is to be
maintained, i.e., roof, foundation, walkways, parking areas, etc.;
4.
A provision must be included for insurance coverage with reference to the common
area and the common improvements. The insured amount must be sufficient to cover
the replacement value of the common area improvements and the common
improvements;
5.
Allocation of costs per unit (monthly, semiannual or annual homeowners dues);
6.
Define method for notification and levying assessments and liens;
7.
Lien foreclosure plan;
8.
Mortgage protection clause;
9.
A stipulation that no alterations to the exterior of the building can be made without
approval of all owners;
10.
No accumulation of garbage, rubbish or offensive material shall be permitted;
11.
The exterior of the units shall be of the same color;
12.
The building is not to be used for unlawful purposes;
13.
Define how a dispute will be settled in the event of a disagreement by the owners
with reference to assessments, maintenance, etc. (Ord. 3331 §3, 1983)
IV. MULTIFAMILY RESIDENTIAL (RM) DISTRICTS
17.28.130 Applicability. The regulations set forth in Sections 17.28.140 through 17.28.160 shall
apply in all RM (multifamily residential) districts, and shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9412.1(part))
17.28.140 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use allowed by right without special use permit or variance in R2 (limited multifamily
residential) districts;
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135
B.
C.
D.
E.
Multifamily dwellings without limit on the number of units;
One unlighted sign, not exceeding twelve square feet in area, advertising authorized
activities on the premises;
Reserved;
Attached single-family dwelling and accessory uses. (Ord. 3606 §12, 1986: Ord. 3364 §13,
1983; Ord. 3331 §4, 1983: prior code §9412.1(a))
17.28.150 Uses requiring special use permit. The following uses are allowed only after obtaining a
special permit therefor from the planning commission:
A.
Any use allowed by special use permit in R2 (limited multifamily residential) districts;
B.
Place of worship;
C.
Reserved;
D.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
E.
Airports, heliports and their accessory uses and structures;
F.
Health facility;
G.
Community care facility. (Ord. 3606 §13, 1986: Ord. 3419 §4, 1984: Ord. 3364 §14, 1983;
prior code §9412.1(b))
17.28.160 Development standards. The following provisions shall apply in all RM districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, six thousand square feet or a minimum lot area shall be two thousand
square feet when proposed with attached single-family dwellings; however, no lot of less
than six thousand square feet shall be created prior to the dwelling being constructed;
B.
Maximum building coverage, fifty percent of the lot, including accessory structures;
C.
Minimum lot width, sixty feet, or twenty feet when proposed with attached single-family
dwellings;
D.
Minimum yards: front, twenty feet; sides, five feet; rear, ten feet; between separate
buildings, ten feet; access court to a group of buildings, twenty feet in width, or zero feet for
all yards where common wall or party wall exists. All yard requirements in this section shall
be increased by five feet for each ten feet of building height or portion thereof in excess of
twenty-five feet (25'); (Ord. 4236, 1992)
E.
Maximum building height, fifty feet;
F.
Density: no less than one thousand square feet for each dwelling or rental unit located on
first and second story; and seven hundred fifty square feet for each dwelling or rental unit
located on third story and above; however, the maximum density shall be no greater than the
highest density established by the general plan land use element. (Ord. 3331 §5, 1983: Ord.
3237 §2, 1982; prior code §9412.1(c))
17.28.161 Maintenance agreement required for various forms of attached single-family dwellings.
A.
The applicant shall submit a copy of a maintenance agreement covering the thirteen items as
listed in subsection B of this section. A maintenance agreement must be recorded prior to
receiving the certificate of occupancy for any unit. Applicants should contact the lending
institution of their choice to review the maintenance agreement proposed to be recorded.
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B.
The items that must be mentioned in the maintenance agreement are as follows:
1.
Purpose of the agreement. Included in this area should be comments with reference
to the protection of the value and desirability of the property. The conditions,
covenants and restrictions of the agreement shall stay with the real property and be
binding upon all parties having right, title or interest in the property and will run with
the land in perpetuity. Therefore, the agreement must be recorded in the county
where the property is located;
2.
The legal description of the property;
3.
The maintenance agreement must define the scope of the maintenance, what is to be
maintained, i.e., roof, foundation, walkways, parking areas, etc.;
4.
A provision must be included for insurance coverage with reference to the common
area and the common improvements. The insured amount must be sufficient to cover
the replacement value of the common area improvements and the common
improvements;
5.
Allocation of costs per unit (monthly, semi- annual or annual homeowners dues);
6.
Define method for notification and levying assessments and liens;
7.
Lien foreclosure plan;
8.
Mortgage protection clause;
9.
A stipulation that no alterations to the exterior of the building can be made without
approval of all owners;
10.
No accumulation of garbage, rubbish or offensive material shall be permitted;
11.
The exterior of the units shall be of the same color;
12.
The building is not to be used for unlawful purposes;
13.
Define how a dispute will be settled in the event of a disagreement by the owners
with reference to assessments, maintenance, etc. (Ord. 3331 §6, 1983)
V. ESTATE RESIDENTIAL FIVE-ACRE (RE-5) ZONE DISTRICT
17.28.170 Purpose. The purpose of the RE-5 districts is to provide for the orderly development of
land having sufficient space and natural conditions compatible to residential and accessory
agricultural and horticultural pursuits and provide for the protection from encroachment of unrelated
uses tending to have adverse effects on the development of the areas so designated. (Prior code
§9412.2 (a))
17.28.180 Applicability. The regulations set forth in Sections 17.28.190 through 17.28.210 shall
apply in all RE-5 (estate residential zoning) districts and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9412.2(b))
17.28.190 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse, boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house, not for rent or lease, and not to exceed four hundred square feet of
floor space, as an accessory use to an existing dwelling, no guest house shall contain
kitchen facilities;
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137
B.
C.
D.
E.
F.
G.
H.
I.
J.
138
Barns, agricultural structures, etc.;
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, engineer, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations conducted on the
premises or by mail or telephone where the activities do not create a traffic problem;
provided, that instruction is not given to groups in excess of four and concerts or recitals are
not held, and no display of goods is visible from the outside of the property; the use must be
carried on in the residence and be incidental to the residential use of the premises and be
carried on by a resident thereon;
One unlighted sign not exceeding six square feet of message area and eight feet above
ground level advertising authorized activities on the premises;
Raising and grazing of domestic farm animals and the cultivation of tree and field crops and
the sale of such goods when produced on the premises and when in conformity with
Chapters 17.14, 17.16 and 17.18;
Packing and processing of agricultural products produced on the premises without changing
the nature of the products;
Excavation of earth exclusively for agricultural or residential purposes on the premises
where the excavation will not create significant erosion and/or pollution;
The drilling of wells exclusively for agricultural or residential purposes on the premises;
Local distribution lines for public utilities;
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that
surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivisions;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home and if it is in a garage, the office shall be
converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage, if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214 §6, 1992;
Ord. 3606 §16, 1986: Ord. 3366 §9, 1983; Ord. 3364 §15, 1983; prior code
§9412.2(c))
(Revised December 2009)
El Dorado County Zoning Ordinance
17.28.200 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
The packing and processing of agricultural or wood products and the necessary buildings and
structures required therefor where the nature of the product is changed;
B.
The mining or drilling of minerals or petroleum;
C.
The construction of schools, churches, cemeteries, parks, nonprofit membership clubs or
associations, golf courses or public utility structures;
D.
Reserved;
E.
Other sign sizes and applicable general provisions itemized in Chapters 17.14, 17.16 and
17.18;
F.
Airports, heliports, landing strips and their accessory uses and structures where they do not
constitute a nuisance to adjacent properties;
G.
Home occupations not listed in subsection C of Section 17.28.190 which require special
consideration such as the use of power tools, accessory building, noise and will not change
the residential character of the premises or adversely affect the other uses permitted in a
residential are;
H.
Kennel, as defined in subsection 18 of Section 6.04.020;
I.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4214 §7, 1992; Ord.
4002 §2, 1989; Ord. 3606 §14, 1986: Ord. 3440 §1, 1984: Ord. 3419 §5, 1984: Ord. 3364
§16, 1983; prior code §9412.2(d))
17.28.210 Development standards. The following building provisions shall apply in the RE-5
districts, unless and until a variance is obtained from the planning commission or zoning
administrator:
A.
Minimum lot area of five acres;
B.
No maximum building coverage;
C.
Minimum lot width of one hundred feet;
D.
Minimum yard setbacks: front and rear, thirty feet; sides, thirty feet except the side yard
shall be increased one foot for each additional foot of building height in excess of twentyfive feet (25'); (Ord. 4236, 1992)
E.
Minimum agriculture structural setbacks of fifty feet on all yards;
F.
Maximum building height, forty-five feet (45'); (Ord 4236, 1992)
G.
Minimum dwelling unit area, six hundred square feet of living area and two rooms;
H.
Location of the Parcel in Relation to Surrounding Land Use. The success and stability of
agricultural enterprises can be profoundly influenced by the zoning and use of immediately
adjacent lands. A buffer area of fifty feet will be required on the inside of a boundary where
land zoned estate residential five acres abuts planned agricultural zone lands which are
currently not in horticultural and timber production. Variances to the above will be considered upon recommendation of the agricultural commission. The development of a
dwelling or noncompatible use shall be one hundred feet from any existing horticultural or
timber enterprises. Noncompatible uses are defined as, but not limited to:
1.
Residential structures,
2.
Nursing homes,
3.
Public and private schools,
4.
Playgrounds,
5.
Swimming pools,
6.
Fish ponds. (Ord. 3606 §15, 1986: Ord. 3366 §§10, 11, 1983; prior code
§9412.2(e))
El Dorado County Zoning Ordinance
(Revised December 2009)
139
VI. TOURIST RESIDENTIAL (RT) DISTRICTS
17.28.220 Applicability. The regulations set forth in Sections 17.28.230 through 17.28.250 shall
apply in all RT districts (tourist residential districts), and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9412.5(part))
17.28.230 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use allowed by right in RM multifamily residential zone;
B.
Multiple-family dwellings, with no limitation of number of units; cottage court and motel;
C.
Accessory use and structure, not including eating and drinking establishment, store, service
station or similar commercial use or structure;
D.
One sign not exceeding eighty square feet in area, advertising authorized activities on the
premises;
E.
Reserved;
F.
Attached single-family dwelling and accessory uses. (Ord. 3606 §17, 1986: Ord. 3364 §17,
1983; Ord. 3331 §7, 1983: prior code §9412.5(a))
17.28.240 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in the RM multifamily residential zone;
B.
Health facility, community care facility, or clinic; (Ord. 4683 §1, 2005)
C.
Hotel, eating and drinking establishment if accessory to a motel or hotel;
D.
Mobile home park;
E.
Fire station;
F.
Reserved;
G.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
H.
Airports, heliports and their accessory uses and structures. (Ord. 3606 §18, 1986: Ord. 3419
§6, 1984: Ord. 3364 §18, 1983; prior code §9412.5(b))
17.28.250 Development standards. The following provisions shall apply in all RT districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, six thousand square feet, or a minimum lot area of two thousand square
feet when proposed with attached dwelling units; however, no lot of less than six thousand
square feet shall be created prior to the dwelling being constructed;
B.
Maximum building coverage, fifty percent of the lot;
C.
Minimum lot width, sixty feet, or twenty feet for all yards where common or party wall
exists;
D.
Minimum yards: front, twenty feet; sides, five feet; rear, ten feet; between sepa rate
buildings, ten feet; access court to a group of buildings, twenty feet in width; all above yard
requirements shall be in creased by five feet for each ten feet (10') of building height or
portion thereof, in excess of twenty feet (20'); or zero feet for all yards where common wall
or party wall exists; (Ord. 4236, 1992)
E.
Maximum building height, fifty feet;
140
(Revised December 2009)
El Dorado County Zoning Ordinance
F.
Density, no less than one thousand square feet for each dwelling or rental unit located on
first and second story; and seven hundred fifty square feet for each dwelling or rental unit
located on third story and above; however, the maximum density shall be no greater than the
highest density established by the adopted general plan land use element. (Ord. 3331 §8,
1983: prior code §9412.5(c))
17.28.251 Maintenance agreement required for various forms of attached single-family dwellings.
A.
The applicant shall submit a copy of a maintenance agreement covering the thirteen items as
listed in subsection B of this section. A maintenance agreement must be recorded prior to
receiving the certificate of occupancy for any unit. Applicants should contact the lending
institution of their choice to review the maintenance agreement proposed to be recorded.
B.
The items that must be mentioned in the maintenance agreement are as follows:
1.
Purpose of the agreement. Included in this area should be comments with reference
to the protection of the value and desirability of the property. The conditions,
covenants and restrictions of the agreement shall stay with the real property and be
binding upon all parties having right, title or interest in the property and will run with
the land in perpetuity. Therefore, the agreement must be recorded in the county
where the property is located;
2.
The legal description of the property;
3.
The maintenance agreement must define the scope of the maintenance, what is to be
maintained, i.e., roof, foundation, walkways, parking areas, etc.;
4.
A provision must be included for insurance coverage with reference to the common
area and the common improvements. The insured amount must be sufficient to cover
the replacement value of the common area improvements and the common
improvements;
5.
Allocation of costs per unit (monthly, semiannual or annual homeowners dues);
6.
Define method for notification and levying assessments and liens;
7.
Lien foreclosure plan;
8.
Mortgage protection clause;
9.
A stipulation that no alterations to the exterior of the building can be made without
approval of all owners;
10.
No accumulation of garbage, rubbish or offensive material shall be permitted;
11.
The exterior of the units shall be of the same color;
12.
The building is not to be used for unlawful purposes;
13.
Define how a dispute will be settled in the event of disagreement by the owners with
reference to assessments, maintenance, etc. (Ord. 3331 §9, 1983)
VIII. SINGLE-FAMILY TWO-ACRE RESIDENTIAL (R2A) DISTRICTS
17.28.300 Purpose. The purpose of the R2A districts is to provide for the orderly development of
suburban single-family residential land use in areas having sufficient space and natural conditions
compatible to enable residents engaging in limited horticultural and agricultural pursuits in keeping
with conditions conducive to a desirable low density suburban environment and to provide for and
protect from the encroachment of unrelated uses tending to have an adverse effect on the
development of the area. (Prior code §9420(a))
El Dorado County Zoning Ordinance
(Revised December 2009)
141
17.28.310 Applicability. The regulations set forth in Sections 17.28.320 through 17.28.340 shall
apply in R2A districts and shall be subject to the applicable provisions of Chapters 17.14, 17.16. and
17.18. (Prior code §9420(b))
17.28.320 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One-family detached dwelling:
1.
The renting of one room within the dwelling,
2.
Guest house not to exceed four hundred square feet as an accessory use to an existing
dwelling,
3.
Accessory uses and structures including but not limited to garage, swimming pool,
pumphouse, boathouse,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held, and no display of goods is visible from the outside
of the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
B.
Reserved;
C.
Drilling of wells or excavation of earth exclusively for residential or agricultural purposes on
the premises;
D.
One unlighted sign on the premises not exceeding six square feet in area advertising
authorized activities on the premises;
E.
Farm or domestic animal shelter;
F.
The keeping of domestic farm animals for noncommercial purposes and not constituting a
health hazard to adjacent property owners.
G.
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that
surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivisions;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home and if it is in a garage, the office shall be
converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
142
(Revised December 2009)
El Dorado County Zoning Ordinance
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214 §8, 1992;
Ord. 3606 §19, 1986: Ord. 3364 §11, 1983; prior code §9420(c))
17.28.330 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Place of worship;
B.
Academic school;
C.
Nonprofit association clubhouse;
D.
Public recreational uses;
E.
Public utility structure;
F.
Reserved;
G.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
H.
Airports, heliports and their accessory uses and structures;
I.
Home occupations not listed in subsection A4 of Section 17.28.320 which require special
consideration such as use of power tools, accessory building, noise, and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
J.
Health facility;
K.
Community care facility. (Ord. 4214 §9, 1992; Ord. 3606 §20, 1986: Ord. 3419 §7, 1984:
Ord. 3364 §12, 1983; prior code §9420(d))
17.28.340 Development standards.
A.
Minimum parcel area, two acres;
B.
Maximum building coverage, none;
C.
Minimum parcel width, one hundred fifty feet;
D.
Minimum yard setbacks: front, thirty feet (30'); sides, twenty feet (20'), except the side yard
shall be increased one foot for each additional foot of building height in excess of twentyfive feet (25'); rear, thirty feet (30');
E.
For farm animal shelter, minimum yard setbacks: front, fifty feet (50') with thirty feet (30')
from side and rear property line and adjoining residential structures;
F.
Maximum building height, forty-five feet (45'). (Prior code §9420(e); Ord. 4236, 1992)
IX. ONE-HALF ACRE RESIDENTIAL (R-20,000) DISTRICTS
17.28.350 Purpose. The purpose of the R-20,000 districts is to provide for the orderly development
of single- family residential land having sufficient space and natural conditions to enable residents to
engage in limited horticultural and agricultural pursuits consistent with conditions conducive to a
desirable residential density and environment and to protect from the encroachment of unrelated uses
tending to have an adverse effect on the single-family residential development of the area. (Prior
code §9421(a))
El Dorado County Zoning Ordinance
(Revised December 2009)
143
17.28.360 Applicability. The regulations set forth in Sections 17.28.370 through 17.28.390 shall
apply in R-20,000 districts and shall be subject to the applicable provisions of Chapters 17.14, 17.16
and 17.18. (Prior code §9421(b))
17.28.370 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One single-family detached dwelling:
1.
Accessory use and structure including, but not limited to, guest house (not to exceed
four hundred square feet in floor area), garage, swimming pool, pumphouse,
boathouse, storage shed,
2.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four,
and concerts or recitals are not held, and no display of goods is visible from the outside of the property; such use must be carried on in the main building and be
incidental to the residential use of the premises and be carried on by a resident
thereon;
B.
Reserved;
C.
Drilling of wells for water or excavation of earth exclusively for use on the premises;
D.
One unlighted sign on the premises, not to exceed six square feet of message display area
and a maximum of eight feet in height from ground level, advertising authorized activities
conducted on the premises.
E.
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that
surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivisions;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home and if it is in a garage, the office shall be
converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances;
7.
A site plan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage, if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214 §10, 1992;
Ord. 3606 §21, 1986: Ord. 3364 §19, 1983; prior code §9421(c))
144
(Revised December 2009)
El Dorado County Zoning Ordinance
17.28.380 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Place of worship;
B.
Academic school;
C.
Nonprofit association clubhouse;
D.
Public recreational uses;
E.
Public utility structure or uses;
F.
Reserved;
G.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
H.
Airports, heliports and their accessory uses and structures;
I.
Home occupations not listed in subsection A3 of Section 17.28.370 which require special
consideration, such as use of power tools, accessory building, noise, and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
J.
Health facility;
K.
Community care facility. (Ord. 4214 §11, 1992; Ord. 3606 §22, 1986: Ord. 3419 §8, 1984:
Ord. 3364 §20, 1983; prior code §9421(d))
17.28.390 Development standards.
A.
Minimum parcel area, twenty thousand square feet;
B.
Maximum building coverage, none;
C.
Minimum parcel width, one hundred feet;
D.
Minimum yard setbacks: front, thirty feet; sides, ten feet, except the side yard shall be
increased one foot for each additional foot of building height in excess of twenty-five feet
(25'); rear, thirty feet (30'); (Ord. 4236, 1992)
E.
Maximum building height, forty feet (40'). (Prior code §9421(e); Ord. 4236, 1992)
X. SINGLE-FAMILY THREE-ACRE RESIDENTIAL (R3A) DISTRICTS
17.28.400 Purpose. The purpose of Sections 17.28.400 through 17.28.440 is to provide for the
orderly development of single-family residential land consistent with conditions conducive to a
desirable residential density and environment and to protect from the encroachment of unrelated uses
tending to have an adverse effect on the single-family residential development of the area.(Prior code
§9423(a))
17.28.410 Applicability. The regulations set forth in Sections 17.27.420 through 17.28.440 shall
apply in R3A single-family three-acre residential districts and TR3A single-family three-acre
residential districts (Lake Tahoe Area) and shall be subject to the applicable provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9423(b))
El Dorado County Zoning Ordinance
(Revised December 2009)
145
17.28.420 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse and boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house, not for rent or lease, and not to exceed four hundred square feet of
floor space, as an accessory use to an existing dwelling. No guest house shall
contain kitchen facilities;
B.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four and concerts or recitals are not held, and
no display of goods is visible from the outside of the property; such use must be carried on in
the residence and be incidental to the residential use of the premises and be carried on by a
resident thereon;
C.
One unlighted sign not exceeding six square feet of message area and eight feet above
ground level advertising authorized activities on the premises;
D.
Raising and grazing of domestic farm animals and the cultivation of tree and field crops
where it does not constitute a nuisance to adjacent properties and is in conformity with the
provisions of Chapters 17.14, 17.16 and 17.18;
E.
Drilling of wells and excavation of earth exclusively for authorized residential purposes on
that parcel;
F.
Local distribution lines for public utilities;
G.
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that
surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivisions;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home and if it is in a garage the office shall be
converted back to a garage;
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances;
7.
A site clan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage, if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214 §12, 1992;
Ord. 3606 §23, 1986: Ord. 3366 §6, 1983; Ord. 3364 §21, 1983; prior code
§9423(c))
146
(Revised December 2009)
El Dorado County Zoning Ordinance
17.28.430 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
Place or worship;
B.
Public or private academic school;
C.
Cemetery;
D.
Golf course and tennis courts;
E.
Nonprofit membership club or association;
F.
Public utilities structures to include fire stations;
G.
Public or private parks and playgrounds;
H.
Home occupations not listed in subsection B of Section 17.28.420 which would require
special consideration, such as use of power tools, accessory building, noise and which will
not change the residential character of the premises or adversely affect the other uses permitted in a residential area;
I.
Reserved;
J.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
K.
Health facility;
L.
Community care facility. (Ord. 4214 §13, 1992; Ord. 3606 §24, 1986: Ord. 3419 §9, 1984:
Ord. 3364 §22, 1983; prior code §9423(d))
17.28.440 Development standards. The following provisions shall apply in R3A single-family
three-acre residential districts and TR3A single-family three-acre residential districts (Lake Tahoe
area), unless and until a variance is obtained from the planning commission or zoning administrator:
A.
Minimum lot area, three acres;
B.
Maximum lot coverage, none;
C.
Minimum lot width, one hundred fifty feet;
D.
Minimum yard setbacks: front and rear, thirty feet; sides, thirty feet, except the side yard
shall be increased one foot for each additional foot of building height in excess of twentyfive feet (25'). (Ord. 4236, 1992)
E.
Maximum building height, forty-five feet (45'). (Ord. 3606 §25, 1986: Ord. 3366 §§7, 8,
1983; prior code §9423(e); Ord. 4236, 1992)
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(Revised December 2009)
147
THIS SPACE INTENTIONALLY LEFT BLANK.
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(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.30
RESIDENTIAL AGRICULTURAL DISTRICTS
Sections:
I.
RESIDENTIAL AGRICULTURAL-20 (RA-20) DISTRICTS
17.30.010
17.30.020
17.30.030
17.30.040
17.30.050
II.
RESIDENTIAL AGRICULTURAL-40 (RA-40) DISTRICTS
17.30.060
17.30.070
17.30.080
17.30.090
17.30.100
III.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
RESIDENTIAL AGRICULTURAL-80 (RA-80) DISTRICTS
17.30.160
17.30.170
17.30.180
17.30.190
17.30.200
V.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
RESIDENTIAL AGRICULTURAL-60 (RA-60) DISTRICTS
17.30.110
17.30.120
17.30.130
17.30.140
17.30.150
IV.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Purpose
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
RESIDENTIAL AGRICULTURAL-160 (RA-160) DISTRICTS
17.30.210
17.30.220
17.30.230
17.30.240
17.30.250
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
El Dorado County Zoning Ordinance
(Revised December 2009)
149
I. RESIDENTIAL AGRICULTURAL-20 (RA-20) DISTRICTS
17.30.010 Purpose. The purpose of Sections 17.30.010 through 17.30.050 is to provide for the
orderly and timely development of residential and agricultural uses consistent with natural
conditions and desirable development patterns. (Prior code §9424(a))
17.30.020 Applicability. The regulations set forth in Sections 17.30.030 through 17.30.050 shall
apply in all RA-20 residential agricultural-20 districts and TRA-20 residential agricultural-20
districts (Lake Tahoe area), and shall be subject to the provisions of Chapters 17.14, 17.16 and
17.18. (Prior code §9424(b))
17.30.030 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse or boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house not for rent or lease and not to exceed four hundred square feet of
floor area as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four,
and concerts or recitals are not held and no display of goods is visible from the
outside of the property, such use must be carried on in the main building and be
incidental to the residential use of the premises and be carried on by a resident
thereon;
B.
Agricultural uses:
1.
Raising and grazing of livestock and other animals,
2.
Growing of trees, fruits, vegetables, flowers, grain and other crops,
3.
Packing and processing of agricultural products produced on the premises, without
changing the nature of the products,
4.
Sale on the premises of products produced thereon,
5.
Any structure or use incidental or accessory to any of the foregoing uses;
C.
One unlighted sign not to exceed twelve square feet of message area and twelve feet above
ground level advertising authorized activities on the premises;
D.
Drilling of wells and excavation of earth exclusively for authorized residential and
agricultural purposes on that parcel;
E.
Local distribution lines for public utilities. (Ord. 3606 §26, 1986: Ord. 3366 §12, 1983;
Ord. 3364 §23, 1983; prior code §9424(c))
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17.30.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
All other buildings, structures, signs, uses or expansion thereof;
B.
Reserved;
C.
Reserved;
D.
Reserved;
E.
Kennel, as defined in subsection 18 of Section 6.04.020. (Ord. 3606 §27, 1986: Ord. 3439
§2, 1984: Ord. 3366 §13, 1983; Ord. 3364 §24, 1983; prior code §9424(d))
17.30.050 Development standards. The following building provisions shall apply in the RA-20
residential agricultural-20 districts unless and until a variance is obtained from the planning
commission:
A.
Minimum lot area of twenty acres;
B.
No maximum building coverage;
C.
Minimum lot width of three hundred feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'); (Ord. 4236, 1992)
E.
Minimum agriculture structural setbacks of fifty feet on all yards;
F.
Maximum building height, forty-five feet (45') (Ord. 3606 §28, 1986: Ord. 3366 §§14, 15,
16, 1983; prior code §9424(e); Ord. 4236, 1992)
II. RESIDENTIAL AGRICULTURAL-40 (RA-40) DISTRICTS
17.30.060 Purpose. The purpose of Sections 17.30.060 through 17.30.100 is to provide for the
orderly and timely development of residential and agricultural uses consistent with natural
conditions and desirable development patterns. (Prior code §9425(a))
17.30.070 Applicability. The regulations set forth in Sections 17.30.080 through 17.30.100 shall
apply in all RA-40 residential agricultural-40 districts and TRA-40 residential agricultural-40
districts (Lake Tahoe area), and shall be subject to the provisions of Chapters 17.14, 17.16 and
17.18. (Prior code §9425(b))
17.30.080 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse or boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house not for rent or lease and not to exceed four hundred square feet of
floor area as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four,
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B.
C.
D.
E.
and concerts or recitals are not held and no display of goods is visible from the
outside of the property, such use must be carried on in the main building and be
incidental to the residential use of the premises and be carried on by a resident
thereon;
Agricultural uses:
1.
Raising and grazing of livestock and other animals,
2.
Growing of trees, fruits, vegetables, flowers, grain and other crops,
3.
Packing and processing of agricultural products produced on the premises, without
changing of the nature of the products,
4.
Sale on the premises of products produced thereon,
5.
Any structure or use incidental or accessory to any of the foregoing uses;
One unlighted sign not to exceed twelve square feet of message area and twelve feet above
ground level advertising authorized activities on the premises;
Drilling of wells and excavation of earth exclusively for authorized residential and
agricultural purposes on that parcel;
Local distribution lines for public utilities. (Ord. 3606 §29, 1986: Ord. 3366 §17, 1983;
Ord. 3364 §25, 1983; prior code §9425(c))
17.30.090 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
All other buildings, structures, signs, uses or expansion thereof;
B.
Reserved;
C.
Reserved;
D.
Reserved;
E.
Kennel, as defined in subsection 18 of Section 6.04.020. (Ord. 3606 §30, 1986: Ord. 3439
§3, 1984: Ord. 3366 §18, 1983; Ord. 3364 §26, 1983; prior code §9425(d))
17.30.100 Development standards. The following building provisions shall apply in the RA
residential agricultural-40 districts unless and until a variance is obtained from the planning
commission:
A.
Minimum lot area of forty acres;
B.
No maximum building coverage;
C.
Minimum lot width of three hundred feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992)
E.
Minimum agriculture structural setbacks of fifty feet on all yards;
F.
Maximum building height, forty-five feet (45'). (Ord. 3606 §31, 1986: Ord. 3366 §§19, 20,
21, 1983; prior code §9425(e); Ord. 4236, 1992)
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III. RESIDENTIAL AGRICULTURAL-60 (RA-60) DISTRICTS
17.30.110 Purpose. The purpose of Sections 17.30.110 through 17.30.150 is to provide for the
orderly and timely development of residential and agricultural uses consistent with natural
conditions and desirable development patterns. (Prior code §9426(a))
17.30.120 Applicability. The regulations set forth in Sections 17.30.130 through 17.30.150 shall
apply in all RA-60 residential agricultural-60 districts and TRA-60 residential agricultural-60
districts (Lake Tahoe area), and shall be subject to the provisions of Chapters 17.14, 17.16 and
17.18. (Prior code §9426(b))
17.30.130 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse or boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house not for rent or lease and not to exceed four hundred square feet of
floor area as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held and no display of goods is visible from the outside of
the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
B.
Agricultural uses:
1.
Raising and grazing of livestock and other animals,
2.
Growing of trees, fruits, vegetables, flowers, grain and other crops,
3.
Packing and processing of agricultural products produced on the premises, without
changing of the nature of the products,
4.
Sale on the premises of products produced thereon,
5.
Any structure or use incidental or accessory to any of the foregoing uses;
C.
One unlighted sign not to exceed twelve square feet of message area and twelve feet above
ground level advertising authorized activities on the premises;
D.
Drilling of wells and excavation of earth exclusively for authorized residential and
agricultural purposes on that parcel;
E.
Local distribution lines for public utilities. (Ord. 3606 §32, 1986: Ord. 3366 §22, 1983;
Ord. 3364 §27, 1983; prior code §9426(c))
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17.30.140 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
All other buildings, structures, signs, uses or expansion thereof;
B.
Reserved;
C.
Reserved;
D.
Reserved;
E.
Kennel, as defined in subsection 18 of Section 6.04.020. (Ord. 3606 §33, 1986: Ord. 3439
§4, 1984: Ord. 3366 §23, 1983; Ord. 3364 §28, 1983; prior code §9426(d))
17.30.150 Development standards. The following building provisions shall apply in the RA-60
residential agricultural-60 districts unless and until a variance is obtained from the planning
commission:
A.
Minimum lot area of sixty acres;
B.
No maximum building coverage;
C.
Minimum lot width of three hundred feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'); (Ord 4236, 1992)
E.
Minimum agriculture structural setbacks of fifty feet on all yards;
F.
Maximum building height, forty-five feet (45'). (Ord. 3606 §34, 1986: Ord. 3366 §§24, 25,
26, 1983; prior code §9426(e); Ord. 4236, 1992)
IV. RESIDENTIAL AGRICULTURAL-80 (RA-80) DISTRICTS
17.30.160 Purpose. The purpose of the RA-80 districts is to provide for the orderly and timely
development of residential and agricultural uses consistent with natural conditions and desirable
development patterns. (Prior code §9427(a))
17.30.170 Applicability. The regulations set forth in Sections 17.30.180 through 17.30.200 shall
apply in all RA-80 residential agricultural-80 districts and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9427(b))
17.30.180 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including but not limited to garage, swimming pool,
pumphouse or boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house not for rent or lease and not to exceed four hundred square feet of
floor area as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four,
and concerts or recitals are not held and no display of goods is visible from the
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B.
C.
D.
E.
outside of the property, such use must be carried on in the main building and be
incidental to the residential use of the premises and be carried on by a resident
thereon;
Agricultural uses:
1.
Raising and grazing of livestock and other animals,
2.
Growing of trees, fruits, vegetables, flowers, grain and other crops,
3.
Packing and processing of agricultural products produced on the premises, without
changing of the nature of the products,
4.
Sale on the premises of products produced thereon,
5.
Any structure or use incidental or accessory to any of the foregoing uses;
One unlighted sign not to exceed twelve square feet of message area and twelve feet above
ground level advertising authorized activities on the premises;
Drilling of wells and excavation of earth exclusively for authorized residential and
agricultural purposes on that parcel;
Local distribution lines for public utilities. (Ord. 3606 §35, 1986: Ord. 3366 §27, 1983;
Ord. 3364 §29, 1983; prior code §9427(c))
17.30.190 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
All other buildings, structures, signs, uses or expansions thereof;
B.
Reserved;
C.
Reserved;
D.
Reserved;
E.
Kennel, as defined in subsection 18 of Section 6.04.020. (Ord. 3606 §36, 1986: Ord. 3439
§5, 1984: Ord. 3366 §28, 1983; Ord. 3364 §30, 1983; prior code §9427(d))
17.30.200 Development standards. The following building provisions shall apply in the RA-80
residential agricultural-80 districts unless and until a variance is obtained form the planning
commission or zoning administrator:
A.
Minimum lot area of eighty acres;
B.
No maximum building coverage;
C.
Minimum lot width of three hundred feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'); (Ord. 4236, 1992)
E.
Minimum agricultural structural setbacks of fifty feet on all yards;
F.
Maximum building height, forty-five feet (45') (Ord. 3606 §37, 1986: Ord. 3366 §§29, 30,
31, 1983; prior code §9427(e); Ord. 4236, 1992)
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155
V. RESIDENTIAL AGRICULTURAL-160 (RA-160) DISTRICTS
17.30.210 Purpose. The purpose of the RA-160 districts is to provide for the orderly and timely
development of residential and agricultural uses consistent with natural conditions and desirable
development patterns. (Prior code §9428(a))
17.30.220 Applicability. The regulations set forth in Sections 17.30.230 through 17.30.250 shall
apply in all RA-169 residential agricultural-160 districts and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9428(b))
17.30.230 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including but not limited to garage, swimming pool,
pumphouse or boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house not for rent or lease and not to exceed four hundred square feet of
floor area as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held and no display of goods is visible from the outside of
the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
B.
Agricultural uses:
1.
Raising and grazing of livestock and other animals,
2.
Growing of trees, fruits, vegetables, flowers, grain and other crops,
3.
Packing and processing of agricultural products produced on the premises, without
changing of the nature of the products,
4.
Sale on the premises of products produced thereon,
5.
Any structure or use incidental or accessory to any of the foregoing uses;
C.
One unlighted sign not to exceed twelve square feet of message area and twelve feet above
ground level advertising authorized activities on the premises;
D.
Drilling of wells and excavation of earth exclusively for authorized residential and
agricultural purposes on that parcel;
E.
Local distribution lines for public utilities. (Ord. 3606 §38, 1986: Ord. 3366 §32, 1983;
Ord. 3364 §31, 1983; prior code §9428(c))
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17.30.240 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
All other buildings, structures, signs, uses or expansion thereof;
B.
Reserved;
C.
Reserved;
D.
Reserved;
E.
Kennel, as defined in subsection 18 of Section 6.04.020. (Ord. 3606 §39, 1986: Ord. 3439
§6, 1984: Ord. 3366 §33, 1983; Ord. 3364 §32, 1983; prior code §9428(d))
17.30.250 Development standards. The following building provisions shall apply in the RA-160
residential agricultural-160 districts unless and until a variance is obtained from the planning
commission or zoning administrator:
A.
Minimum lot area of one hundred sixty acres;
B.
No maximum building coverage;
C.
Minimum lot width of three hundred feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'); (Ord. 4236, 1992)
E.
Minimum agricultural structural setbacks of fifty feet on all yards;
F.
Maximum building height, forty-five feet (45'); (Ord. 3606 §40, 1986: Ord. 3366 §§34, 35,
36, 1983; prior code §9428(e); Ord. 4236, 1992)
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THIS SPACE INTENTIONALLY LEFT BLANK.
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El Dorado County Zoning Ordinance
Chapter 17.32
COMMERCIAL DISTRICTS
Sections:
I.
COMMERCIAL (C) DISTRICTS
17.32.010
17.32.020
17.32.025
17.32.030
17.32.040
II.
PROFESSIONAL OFFICE COMMERCIAL (CPO) DISTRICTS
17.32.050
17.32.060
17.32.065
17.32.070
17.32.080
IV.
Purpose.
Uses requiring site plan approval.
Uses requiring a planned development.
Uses requiring special use permit.
Development standards.
PLANNED COMMERCIAL (CP) DISTRICTS
17.32.130
17.32.140
17.32.145
17.32.150
17.32.160
V.
Applicability.
Uses permitted by right.
Uses requiring a planned development.
Uses requiring special use permit.
Development standards.
Applicability.
Uses requiring site plan approval.
Uses requiring a planned development.
Uses requiring special use permit.
Development standards.
GENERAL COMMERCIAL (CG) DISTRICTS
17.32.170
17.32.180
17.32.190
17.32.200
17.32.210
17.32.220
Purpose.
Permitted uses.
Uses requiring special use permit.
Development standards.
Prohibited uses.
Uses not specified.
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159
I. COMMERCIAL (C) DISTRICTS
17.32.010 Applicability. The regulations set forth in Sections 17.32.020 through 17.32.040 shall
apply to all C districts (commercial districts) and shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9413(part))
17.32.020 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use, except one-family and multiple-family dwellings and mobile home parks, allowed
by right or special use permit in RT tourist residential zones;
B.
Office, bank, studio, eating and drinking establishment and used retail sale other than those
enumerated in subsection E of this section, retail repair and service exclusive of automobile
service, service station, parking lot;
C.
Accessory use and structure;
D.
Two signs not exceeding fifty square feet in total area of any one display surface, or one sign
not exceeding eighty square feet in area, advertising authorized activities on the premises;
E.
Places of entertainment, appliance store and repair (new and used), antique store and
furniture store, second-hand store, when they are fully enclosed in a building;
F.
Reserved;
G.
Health facility;
H.
Community care facility. (Ord. 3992 §1(part), 1988: Ord. 3606 §41, 1986: Ord. 3419 §12,
1984: prior code §9413(a))
17.32.025 Uses requiring a planned development.
A.
Mixed-use development, (subject to provision in 17.02; Planned Development General
Provision, 17.04; Planned Development Procedure, and 17.14.230; Miscellaneous
Development Requirements for Mixed Use Development). (Ord. 4836 §2, 2009)
17.32.030 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefore from the planning commission:
A.
New and used automobile sale and repair, bulk petroleum sale and storage; provided,
however, that used automobile sale and repair shall not be deemed to include automobile
dismantling, junking or wrecking operation;
B.
Animal clinic or shelter;
C.
Mobile home park;
D.
All uses enumerated in subsection E of Section 17.32.020 when they are not fully enclosed
in a building;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
F.
Airports, heliports and their accessory uses and structures;
G.
Reserved;
H.
Recreational vehicle parks, campgrounds and their accessory uses and structures. (Ord. 4836
§2, 2009: Ord. 3992 §1(part), 1988: Ord. 3606 §42, 1986: prior code §9413(b))
17.32.040 Development standards. The following provisions shall apply to all C districts, except
for Mixed-use developments (subject to provision in 17.02; Planned Development General
Provision, 17.04; Planned Development Procedure, and 17.14.230; Miscellaneous Development
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Requirements for Mixed Use Development) and unless and until a variance is obtained from the
planning commission:
A.
Minimum lot area, five thousand square feet;
B.
Maximum building coverage, sixty percent of the lot;
C.
Minimum lot width, fifty feet;
D.
Minimum yard: front, ten feet; sides and rear, five feet, or zero feet and fireproof wall
without opening; provided, however, that all hotels, motels or multifamily dwellings shall
have at least five feet side and rear yards;
E.
Maximum building height, fifty feet. (Ord. 4836 §2, 2009: prior code §9413(c))
II. PROFESSIONAL OFFICE COMMERCIAL (CPO) DISTRICTS
17.32.050 Purpose. The purpose of the CPO districts is to provide land use areas for the
development and use of professional, administrative and business offices and related uses located in
proximity to residential uses. It is intended that Sections 17.32.050 through 17.32.080 shall provide
for an environment which will be in harmony with adjacent existing and proposed developments and
shall provide a transition or buffer zone between residential and more intensive land uses. (Prior
code §9413.2(A))
17.32.060 Uses requiring site plan approval.
A.
The following uses are permitted without special use permit, but only after obtaining
approval of the site plan therefore, from the planning director who shall act thereon within
fifteen days after submittal. The planning director shall find that the proposed uses,
architectural design, building siting, landscaping, parking and signs will be compatible and
harmonious with existing and proposed adjacent developments and any contiguous like uses.
If the applicant is not satisfied with the requirements or actions of the planning director, the
applicant may request a review by the planning commission which shall hear the site plan
review within thirty days of the request. Decisions of the planning commission may be
appealed pursuant to the provisions of Chapter 17.08.
B.
The provisions of Chapters 17.14, 17.16 and 17.18 shall apply to such uses as listed below:
1.
Dental clinics;
2.
Professional offices for the use of accountants, architects, attorneys, banks, dentists,
doctors, engineers, insurance, investment companies, real estate companies, savings
and loan companies, surveyors and general business offices of an administrative or
service nature to the exclusion of on-site retail or wholesale trade;
3.
Coffee shops, newsstands, similar service accessory use to be located totally within
an office building with no entrance directly from the street nor a sign visible from the
street and of such a scope and nature as may be expected to generate patronage
substantially from tenants of the office complex or building;
4.
Drug and prescription sales accessory to a medical office or clinic to be located
totally within an office building with no entrances directly from the street nor any
sign visible from the street;
5.
Reserved;
6.
The following sign regulations shall apply in all professional office commercial
zones:
a.
No sign shall face any adjacent residential zoning district,
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b.
7.
8.
One freestanding sign, not exceeding fifty square feet on any display area,
not exceeding the maximum elevation of the roof line of the building or complex advertised,
c.
Wall signs when designed as an integral part of the building or complex and
relating only the name and use of the building or complex. Such wall signs
may also contain the names and specialties of the occupants when no
freestanding sign is utilized,
d.
Total sign area of paragraphs c and d combined shall not exceed fifty square
feet, and
e.
One nameplate not exceeding three square feet with letters and symbols not
exceeding twelve square inches each and signifying the name and specialty
of the occupant;
Health facility;
Community care facility. (Ord. 3992 §2(part), 1988: Ord. 3419 §14, 1984: prior
code §9413.2(B))
17.32.065 Uses requiring a planned development.
A.
Mixed-use development, (subject to provision in 17.02; Planned Development General
Provision, 17.04; Planned Development Procedure, and 17.14.230; Miscellaneous
Development Requirements for Mixed Use Development). (Ord. 4836 §3, 2009)
17.32.070 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefore from the planning commission or zoning administrator:
A.
Veterinary office or clinic when totally enclosed within a building;
B.
Business and professional schools and schools of the arts;
C.
Veterans or fraternal organizations of a nonprofit nature; or
D.
Public buildings and public utilities buildings of a type and nature deemed compatible by the
planning commission or planning director with the intent of this article. (Ord. 4836 §3,
2009: Ord. 3992 §2(part), 1988: prior code § 9413.2(C))
17.32.080 Development standards. The following provisions shall apply in all CPO districts, except
for mixed-use development, (subject to provision in 17.02; Planned Development General Provision,
17.04; Planned Development Procedure, and 17.14.230; Miscellaneous Development Requirements
for Mixed Use Development), and unless and until a variance is obtained from the planning
commission:
A.
Minimum lot area, six thousand square feet;
B.
Maximum building coverage, fifty percent of the lot;
C.
Minimum lot width, sixth feet;
D.
Minimum landscaping area, ten percent of the gross lot area;
E.
Minimum yards: front, twenty feet; five feet sides; and fifteen feet rear; multifamily dwelling
structures shall have at least fifteen feet side and rear yards; and
F.
Maximum building height, thirty-five feet;
G.
Density: the maximum density shall be no greater than the highest density established by the
adopted general plan land use element. (Ord. 4836 §3, 2009: Ord. 3237 §5, 1982: prior
code §9413.2(D))
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IV. PLANNED COMMERCIAL (CP) DISTRICTS
17.32.130 Applicability. The regulations set forth in Sections 17.32.130 through 17.32.160 shall
apply in all CP districts and shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18.
(Prior code §9418(part))
17.32.140 Uses requiring site plan approval. The following uses are allowed without special use
permit or variance, but only after obtaining approval of the site plan therefor from the planning
director, who shall act thereon within fifteen days after submittal of the site plan. If the applicant is
not satisfied with the action of the planning director, the applicant may request the review of the
action by the planning commission:
A.
Any use, except one-family and multiple-family dwellings and mobile home parks, allowed
by right or special use permit in RT tourist residential zones;
B.
Office, bank, studio, eating and drinking establishment and used retail sale other than those
enumerated in subsection E of this section, retail repair and service exclusive of automobile
service, service station, parking lot;
C.
Accessory use and structure;
D.
Two signs not exceeding fifty square feet in total area of any one display surface, or one sign
not exceeding eighty square feet in area, advertising authorized activities on the premises;
E.
Places of entertainment, appliance store and repair (new and used), antique store and
furniture store, second-hand store, when they are fully enclosed in a building;
F.
Reserved;
G.
Health facility;
H.
Community care facility. (Ord. 3992 §3(part), 1988: Ord. 3606 §43, 1986: Ord. 3419 §13,
1984: prior code §9418(a))
17.32.145 Uses requiring a planned development.
A.
Mixed-use development, (subject to provisions under 17.02; Planned Development General
Provision, 17.04; Planned Development Procedure, and 17.14.230; Miscellaneous
Development Requirements for Mixed Use Development). (Ord. 4836 §4, 2009)
17.32.150 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefore from the planning commission:
A.
New and used automobile sale and repair, bulk petroleum sale and storage; provided,
however, that used automobile sale and repair shall not be deemed to include automobile
dismantling, junking or wrecking operations;
B.
Animal clinic or shelter;
C.
Mobile home park;
D.
All uses enumerated in subsection E of Section 17.32.140 when they are not fully enclosed
in a building;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
F.
Airports, heliports and their accessory uses and structures;
G.
Recreational vehicle parks, campgrounds and their accessory uses and structures. (Ord. 4836
§4, 2009: Ord. 3992 §3(part), 1988: prior code §9 418(b))
17.32.160 Development standards. The following provisions shall apply in all CP districts, except
for Mixed-use development, (subject to provisions under 17.02; Planned Development General
El Dorado County Zoning Ordinance
(Revised December 2009)
163
Provision, 17.04; Planned Development Procedure, and 17.14.230; Miscellaneous Development
Requirements for Mixed Use Development) and unless and until a variance is obtained from the
planning commission:
A.
Minimum lot area, five thousand square feet;
B.
Maximum building coverage, sixty percent of the lot;
C.
Minimum lot width, fifty feet;
D.
Minimum yards: front, ten feet; sides and rear, five feet, or zero feet and fireproof wall
without opening; provided, however, that all hotels, motels or multifamily dwelling
structures shall have at least five-foot side and rear yards;
E.
Maximum building height, fifty feet;
F.
Density: the maximum density shall be no greater than the highest density established by the
adopted general plan land use element. (Ord. 4836 §4, 2009: Ord. 3237 §6, 1982: prior
code §9418(c))
V. GENERAL COMMERCIAL (CG) DISTRICTS
17.32.170 Purpose. The purpose of Sections 17.32.170 through 17.32.220 is intended to be the
creation of a land use zone to provide for the conduct of sales, storage, distribution and light
manufacturing businesses of the type which do not ordinarily cause more than a minimal amount of
noise, odor, smoke, dust or other factors tending to disturb the peaceful enjoyment of adjacent
residential or agricultural land use zones; and further, to provide a close relationship between
warehousing, distribution and retail sales. (Prior code §9419(a))
17.32.180 Permitted uses. The following regulations shall apply in all CG zones and shall be
subject to the provisions of Chapters 17.14, 17.16 and 17.18 for sign regulations including number,
size, type and lighting; for parking requirements as to size of spaces, layout, improvements, etc.,
building height and fence regulations:
A.
Uses allowed by right:
1.
Amusement enterprises when fully enclosed within a building,
2.
Antique store when fully enclosed within a building,
3.
Appliance store and repair (new and used) when fully enclosed within a building,
4.
Artist studios,
5.
Auditoriums, exclusive of tents or temporary structures,
6.
Automobile and truck sales, sales lots, garages, including body and paint shops,
7.
Bakery plant, including retail and distribution terminal,
8.
Banks,
9.
Barbershops,
10.
Baths, Turkish and similar types, including health studios and gymnasiums,
11.
Beauty shops,
12.
Billiard and pool halls,
13.
Bird and pet shops,
14.
Blueprinting, photostating and photofinishing facilities,
15.
Boat building and sales,
16.
Bookstores,
17.
Bottling plants,
18.
Bowling alleys,
19.
Building materials, including storage and sales,
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El Dorado County Zoning Ordinance
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
Cabinet and carpenter shops,
Camera shops,
Carpet cleaning,
Car wash,
Churches,
Clubs and lodges,
Cocktail lounges,
Confectionery stores,
Contractor's shops,
Creameries, dairy products manufacturing and distribution plants,
Dancehalls,
Delicatessens,
Drayage and furniture storage warehouses,
Dress shops,
Dressmaking shops,
Drugstores,
Dry cleaning plants,
Drygoods and notion stores,
Dwelling for a caretaker or superintendent whenever the use requires the on-site
residence of such person, but not including a mobile home,
Electronic manufacturing and maintenance,
Farm, home and garden equipment sales and rentals,
Feed and fuel sales,
Florist shops,
Frozen food lockers,
Fruit and vegetable stores,
Funeral parlors and mortuaries,
Furniture stores and warehouses when fully enclosed in a building,
Garment manufacture,
Greenhouses, nursery,
Grocery stores,
Hardware stores,
Hotels and motels,
Ice and cold storage plants,
Janitorial services,
Jewelry stores,
Laboratories, medical,
Liquor stores,
Lumber yards,
Meat markets,
Millinery shops and manufacturing,
Reserved,
Music and dancing schools,
Newsstands,
Newspaper offices and publishing plants,
Offices, business and professional,
Paint stores,
Packing and crating establishments,
El Dorado County Zoning Ordinance
(Revised December 2009)
165
B.
C.
67.
Parcel delivery service,
68.
Parking lots,
69.
Pawnshops,
70.
Plumbing shops,
71.
Printing shops,
72.
Public buildings,
73.
Public parks and playgrounds,
74.
Public utility buildings and structures, excluding sewer treatment plants,
75.
Publishing plants,
76.
Radio and television broadcasting studios and stations,
77.
Radio and television sales and repair services,
78.
Restaurants,
79.
Schools, private, public and trade,
80.
Secondhand stores when fully enclosed within a building,
81.
Sheetmetal shops,
82.
Service stations,
83.
Shoe repair shops,
84.
Shoe shops,
85.
Stationery stores,
86.
Tailor shops,
87.
Taxidermists,
88.
Tire rebuilding, recapping and retreading,
89.
Trailer sales and off-site rentals;
Use and structures accessory to any of the uses permitted in this zone;
The planning director with health department approval may authorize a temporary carnival,
fair, rodeo, gymkhana and/or any other similar temporary recreational and amusement
enterprise whenever the duration of the enterprise is for not more than seven consecutive
days within any sixty-day period of time. At the time of authorization, the planning director
may impose conditions regarding hours of operation, access, parking, fencing and surface
treatment to inhibit dust emanation. (Ord. 3606 §44, 1986: prior code §9419(b)–(d))
17.32.190 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Airports, heliports and their accessory uses and structures;
B.
Amusement enterprises (permanent) outdoor;
C.
Animal hospital or clinic for large and small animals;
D.
Appliance, furniture and secondhand stores when not fully enclosed within a building;
E.
Auction yards;
F.
Central sewer plant facilities;
G.
Kennels;
H.
Laundry plants;
I.
Mobile home parks;
J.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
K.
Stables and riding academies;
L.
Reserved;
M.
Health facility;
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El Dorado County Zoning Ordinance
N.
Community care facility. (Ord. 3606 §45, 1986: Ord. 3419 §15, 1984: prior code §9419(e),
(f))
17.32.200 Development standards. The following provisions shall apply in CG general commercial
zones unless and until a variance is obtained from the planning commission:
A.
Minimum lot area, ten thousand square feet or larger as determined by the health department
if on a septic system;
B.
Maximum building coverage, sixty percent, the remaining forty percent will be to provide
open space, parking and circulation;
C.
Minimum lot width, sixty feet;
D.
Minimum yard: front, ten feet; sides and rear, five feet or zero feet and fireproof wall without
opening; provided, however, that all hotel and motel structures shall have at least five feet
side and rear yards;
E.
Maximum building height, fifty feet;
F.
Signs allowed by right, two signs, neither of which shall exceed fifty square feet in total area
of any one display surface or one sign not exceeding eighty square feet in area, advertising
authorized activities on the premises and subject to all applicable general provisions and
exceptions pertaining to signs in Chapters 17.14, 17.16 and 17.18. (Prior code §9419(g),(h))
17.32.210 Prohibited uses. New residential uses other than for the use of a caretaker in connection
with an industrial or commercial use are prohibited. (Prior code §9419 (i))
17.32.220 Uses not specified. Uses that are not specifically listed in Sections 17.32.170 through
17.32.220 or where ambiguity arises concerning a particular use as to the proper application or
procedure, it shall be the duty of the commission to ascertain all pertinent facts concerning the use or
matter, and, by resolution of record, to set forth its findings and its interpretation. (Prior code
§9419(j))
El Dorado County Zoning Ordinance
(Revised December 2009)
167
THIS SPACE INTENTIONALLY LEFT BLANK.
168
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.34
INDUSTRIAL DISTRICTS
Sections:
I.
INDUSTRIAL (I) DISTRICTS
17.34.010
17.34.020
17.34.030
17.34.040
17.34.050
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Parking and loading.
I. INDUSTRIAL (I) DISTRICTS
17.34.010 Applicability. The regulations set forth in Sections 17.34.010 through 17.34.050 shall
apply in all I industrial districts and shall be subject to the provisions of Chapters 17.14, 17.16 and
17.18. (Prior code §9414 (part))
17.34.020 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
Any use except residential uses allowed by right or special use permit in C commercial
district; provided, however, that all requirements provided in Sections 17.32.010 through
17.32.040 for the regulation of C commercial districts shall apply to any such commercial
use in I industrial districts;
B.
Any industrial use other than automobile wrecking, junking or dismantling yards in which no
odor, gas fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference,
radioactive or waste material is produced or emitted beyond the confines of the owner's
premises to adjacent properties or into the air or watercourses, and which does not constitute
a physical hazard to persons or property beyond the confines of the owner's premises by
reason of fire, explosion or similar cause;
C.
Dwellings for the caretaker, watchman or persons primarily employed in the industrial use of
the premises and their immediate family;
D.
Public utility distribution lines;
E.
Any structure or use incidental or accessory to any of the foregoing uses;
F.
Two signs not exceeding fifty square feet in total area of any one display surface, or one sign
not exceeding eighty square feet in area advertising authorized activities on the premises.
(Ord. 3606 §46, 1986: Ord. 3419 §16, 1984: prior code §9414(a))
El Dorado County Zoning Ordinance
(Revised December 2009)
169
17.34.030 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in A agricultural districts;
B.
Any industrial use in which odor, gas fumes, dust, smoke, noise, vibrations, glare, heat,
electrical interference, radioactive or waste material is produced or emitted beyond the
confines of the owner's premises to adjacent properties or into the air or watercourses or
which constitutes a physical hazard to persons or property beyond the confines of the owner's
premises by reason of fire, explosion or similar cause;
C.
Any industrial use which constitutes a physical hazard to persons or property beyond the
confines of the owner's premises by reason of fire, explosion or similar cause;
D.
Automobile wrecking, junking or dismantling yards;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
F.
Airports, heliports and their accessory uses and structures. (Ord. 3606 §47, 1986: prior code
§9414(b))
17.34.040 Development standards. The following provisions shall apply in I industrial districts
unless and until a variance is obtained from the planning commission:
A.
Minimum lot area, ten thousand square feet;
B.
Maximum building coverage, sixty percent;
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, ten feet; sides, five feet or zero feet and fireproof wall without
opening; rear, ten feet;
E.
Maximum building height, fifty feet. (Prior code §9414(c))
17.34.050 Parking and loading. Every industrial use made of property in I industrial districts shall
provide a minimum of one parking space for every two employees engaged in the industry and at
least one truck loading area for each five thousand square feet of building floor area devoted to the
industry. (Prior code §9414(d))
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El Dorado County Zoning Ordinance
Chapter 17.35
RESEARCH AND DEVELOPMENT ZONE DISTRICT (R&D)
Sections:
17.35.010
17.35.020
17.35.025
17.35.030
Purpose.
Permitted uses.
Uses permitted by special use permit.
Development standards.
17.35.010 Purpose. The purpose of the research and development zone district is to provide areas
for the location of high technology, non-polluting manufacturing plants, and related facilities in a
campus-like setting. This zone shall be combined with a design review district to ensure a high
quality, aesthetic environment. (Ord. 3298 §1(part), 1982)
17.35.020 Permitted uses. The following are categories of permitted uses in the research and
development zone. Uses not listed and which are similar in nature, may be determined by the
community director as a permitted use:
A.
Manufacturing uses:
1.
Assembly, manufacturing or finishing of goods including the storage and distribution
of such goods;
B.
Service uses:
1.
Delivery and mail service,
2.
Janitorial,
3.
Laboratories (medical, dental, research, testing),
4.
Blueprinting, copying,
5.
Architectural and drafting,
6.
Security,
7.
Trade schools,
8.
Day care,
9.
Data processing,
10.
Small appliance repair and service,
11.
Telephone answering service,
12.
Locksmiths;
C.
Office uses:
1.
Professional offices including accountants, attorneys, architects, counselors, medical
and dental, and other uses similar in nature,
2.
Government offices,
3.
Financial institutions,
4.
Labor unions and professional associations;
El Dorado County Zoning Ordinance
(Revised December 2009)
171
D.
E.
F.
G.
Warehousing and storage:
1.
Wholesaling,
2.
General warehousing (except mini-warehousing);
Miscellaneous:
1.
Cafes and restaurants,
2.
Recreational facilities including golf courses, court games, exercise centers,
swimming centers;
Accessory uses:
1.
Retail sales when clearly incidental to the primary use conducted on site;
Performance standards:
1.
All activities shall be contained within a building,
2.
Outdoor storage of materials or finished goods shall not exceed fifty percent of the
building coverage on the parcel, shall be screened from abutting roads and
surrounding parcels by fencing and appropriate landscaping, and shall not lie within
prescribed building setbacks,
3.
No use shall generate dust, air or water pollutants, or significant noise or electrical
interference beyond the building in which it occurs. (Ord. 3571 §2, 1985)
17.35.025 Uses permitted by special use permit.
A.
A special use permit shall be obtained prior to the establishment of those uses which are
partially or wholly conducted outside buildings, except as provided in Section 17.35.020, or
which may, in the opinion of the planning director, cause measurable dust, noise, air or water
pollutants, or electrical interference beyond the exterior walls or buildings which could
detrimentally impact neighboring lands and uses. (Ord. 3298 §1(part), 1982)
B.
Churches and other places of worship, independent day care facilities, and elementary and
secondary schools subject to providing the following information:
1.
Location. The location of churches, places of worship, independent day care
facilities or schools shall be evaluated as to their proximity to industrial uses that use
or produce hazardous or toxic chemicals. The applicant shall provide a site plan
indicating the adjacent uses and the distance from the uses to determine whether
sensitive receptors will be exposed to hazardous conditions.
2.
Occupancy and use. The assembly occupancy (sanctuary seating) for a church or
place of worship and the student enrollment for a school shall be evaluated for
building safety and circulation. The applicant shall provide occupancy or student
enrollment information with the Special Use Permit application.
3.
Hours of operation. Hours of operation of the church or place of worship, or school
facility shall not conflict with other uses in the building with regard to noise, parking,
and building safety.
4.
Noise. The use shall comply with the interior and exterior noise level standards
established in Table 6-1 of the El Dorado County General Plan. An acoustical
analysis shall be submitted with a Special Use Permit application to verify
compliance of these requirements.
5.
Parking. Parking shall be provided as required by Section 17.18 of the County Code.
If the church or school use will not operate at the same time and day of the week as
other uses within the building, the parking requirement may be satisfied through a
shared parking program. In all cases, parking shall be provided for the most parking
intensive use. The applicant shall provide a complete parking plan with the Special
Use Permit application. The parking plan shall include an over-flow parking plan for
172
(Revised December 2009)
El Dorado County Zoning Ordinance
6.
7.
8.
assemblies and special events, and shall include a drop-off zone for school uses. The
drop-off zone shall be designed to not interfere with the parking lot circulation and
shall be designed to accommodate a minimum of 15 vehicles.
Playground/Ball Fields. A proposed school or church providing school facilities
shall provide sufficient age-appropriate outdoor play areas on the site, or directly
adjacent to the site of the school or church to accommodate the number of children
anticipated or approved by the Special Use Permit. If an adjacent site is to be
utilized for the play area, a written, binding and recorded agreement with the
adjacent landowner for use of the site shall be required. The utilization of parking
and/or loading areas for outdoor play areas shall be prohibited. All playground and
ball fields shall be completely enclosed by a six (6) foot tall fence.
Build-out. Not more than 5% of the land area within the R&D zoning district shall
be developed with churches, places of worship and schools.
Traffic/Circulation. A circulation plan shall be submitted for school uses to
determine whether a 15-vehicle loading and unloading area has been provided. A
project specific traffic study shall be submitted for each discretionary project to
determine whether the project will create, or significantly contribute to, non-peak and
peak period traffic congestion below the required Level of Service. (Ord. 4603, §1,
2002)
17.35.030 Development standards. Any use developed within the R&D zone district shall meet the
following standards:
A.
Minimum Lot Area.
1.
Outside urban area on long range plan, ten acres;
2.
Inside urban area on long range plan with:
a.
On-site water and sewer, 4.5 acres,
b.
Community water or sewer, one acre or such larger parcel as may be required
to accommodate a septic system and three hundred percent replacement of
leach field area,
c.
Community water and sewer, ten thousand square feet,
d.
Any parcel proposed to be created which is less than two acres in size may
only be approved when processed with a planned development application
wherein issues of grading, drainage, access and other issues which may affect
the neighborhood are addressed.
B.
Building Coverage.
1.
Outside urban area on long range plan, no more than ten percent of the site;
2.
Inside urban area on long range plan, no more than fifty percent of the site;
3.
Development or improvement of a site within the El Dorado Hills Business Park
shall not result in a runoff coefficient greater than 0.70, calculated in conformance
with "Mannings Equations." In the event the proposed development generates a
runoff coefficient in excess of 0.70, the department of transportation may require
redesign, off-site improvements or fees to accommodate impacts of increased runoff
on the existing drainage system.
C.
Minimum Lot Width. One hundred feet measured at the front property line except that on a
pie-shaped lot the width shall be measured at the front setback line.
El Dorado County Zoning Ordinance
(Revised December 2009)
173
D.
Minimum Setbacks and Buffers.
1.
Front Setback. All buildings, structures, parking and loading areas, except signs
shall be set back at least a minimum of twenty feet with an average setback of thirty
feet from the property line. Signs, except entry monument signs, shall be set back
from the street right-of-way at least ten feet. When located on corner or double
frontage lots involving a major collector, thoroughfare or arterial, signs shall not be
oriented to front upon such major collector, thoroughfare, or arterial. Entry
monument signs shall be set back at least twenty feet from the street right-of-way.
All area included within the thirty-foot front setback, for the full width of the lot,
shall be landscaped, irrigated and maintained according to subdivision 3d of this
subsection. Additionally, if proposed parking or loading areas are visible from the
street, they shall be screened from view by using any combination of decorative
fence, wall, or landscaped earth berms ranging in height from a minimum of three
feet to a maximum of five feet.
For purposes of calculating the required average thirty-foot setback, the area of any
building, structure, parking or loading area lying nearer to the front property line than
thirty feet is considered a setback encroachment. For each square foot of building
floor area or parking or loading area within this setback encroachment, an equal
amount of square footage of building, parking or loading area shall have a setback
greater than thirty feet, thereby creating an average setback of thirty feet. However,
no portion of a structure with a setback greater than fifty feet may be considered in
calculating the overall average. (See Figure 17.35.030A)
2.
3.
174
All parking and loading spaces shall be located an average of thirty feet, not less than
twenty feet, from the street right-of-way, and if visible from the street shall be
screened from view by landscaped berms a minimum of three to five feet in height.
Side and Rear Setback. No setback required except:
a.
Where required by the county building code; and
b.
If adjacent to an existing residential use or a zone which permits residential
uses by right, a landscaped buffer shall be installed according to subdivision
3a, 3b, or 3c of this subsection; and
c.
On corner or double frontage lots the front setback requirement shall apply
along each street frontage.
Landscaped Buffers. Shall be as prescribed by the appropriate preceding section
from among the following:
a.
When adjacent to residential zones, a thirty-foot setback landscaped with at
least three trees and nine shrubs per one hundred feet of length; or
b.
A ten-foot setback with a dark colored, vinyl-coated chain-link type fence
landscaped along its outer perimeter with at least nine trees and nine shrubs
per one hundred feet of length;
c.
A ten-foot setback with an eight-foot fence of solid material landscaped
along its outer perimeter with at least three trees and nine shrubs per one
hundred feet of length;
d.
The front setback area shall be landscaped with at least three trees of fifteengallon size and nine shrubs per each one hundred feet of length;
(Revised December 2009)
El Dorado County Zoning Ordinance
e.
4.
All plant materials shall be from an approved list, established by the planning
director, nonpoisonous and shall be maintained free from physical damage,
insects and diseases. Plant materials showing such damage shall be replaced
by the same or similar species. Planting areas shall be kept free from weeds,
debris and undesirable materials which may be detrimental to safety,
drainage or appearance.
Landscaped Parking Areas.
a.
Parking lots of five spaces or more shall provide landscaped areas interior to
the parking lot covering a percentage of the total parking area as follows:
% of Total Parking
Parking Spaces Required Area to be Landscaped
5 — 24 spaces
25 — 49 spaces
50+ spaces
b.
5.0% minimum
7.5% minimum
10.0% minimum
Parking lot landscaping shall include shade trees, from the list approved by
the planning director, placed so as to cover a percentage of the total parking
area with tree canopies within fifteen years of securing building permit, as
follows:
% of Total Parking
Parking Spaces Required Area to be Landscaped
5 — 24 spaces
25 — 49 spaces
50+ spaces
30% minimum
45% minimum
50% minimum
c.
E.
F.
G.
The provisions of Chapter 17.18 (off-street parking and loading) shall apply
to all development within the research and development district, except
where the provision of this chapter are more restrictive.
Maximum Building Height. Fifty feet above the mean elevation within the perimeter formed
by the outer walls of the building.
Signs. The developer of a project shall present for approval and shall coordinate the
approved uniform sign package for his entire development prior to obtaining a building
permit for any structure. The number of signs per business shall not exceed either:
1.
One freestanding sign no greater than fifty square feet in area and no greater than
twelve feet in height; or
2.
Two signs attached to the face of a building no greater than eighty square feet in
aggregate area which shall not extend above the vertical face of any building wall.
No more than two entry monument signs no greater than ten feet in height and sixty feet in
length shall be permitted to identify the entire tract of parcels developed within any industrial
subdivision.
Loading. All loading and unloading of goods shall be conducted within a building or an area
fenced for outdoor storage.
El Dorado County Zoning Ordinance
(Revised December 2009)
175
FIGURE 17.35.030A
176
(Revised December 2009)
El Dorado County Zoning Ordinance
H.
I.
J.
K.
L.
M.
Other Standards. The standards described in subsections A through G of this section shall be
superseded by a development plan approved pursuant to Article I of this title, the planned
development ordinance.
Trash Collection Areas. All refuse collection areas shall be visually screened with a solid
six-foot-high enclosure of masonry or equivalent construction able to withstand the extremes
of trash collection operation. Landscaping with shrubs shall occur to screen the appearance
of the trash collection area.
Service Areas. A combination of trees, shrubs, vines, earth forms and solid fencing shall be
used to screen service areas within two years from date of installation. The plant material
shall be of adequate size to meet this purpose.
Other Storage. Any article, goods, material, machine, equipment, vehicle, trash or similar
items to be stored other than in an enclosed building shall be screened so it is not visible
from the public streets, adjacent properties, parking areas or pedestrian walkways.
Architectural Design.
1.
To eliminate discretion, and ensure continuity among buildings, the architecture of
any structure allowed by the research and development zone shall be deemed in
compliance with acceptable community design criteria when any of the following
building materials are used:
a.
Glass and glass-curtain wall;
b.
Poured-in-place concrete and precast concrete;
c.
Brick masonry;
d.
Tile;
e.
Wood;
f.
Plaster;
g.
Pre-finished metal paneling not to exceed twenty-five percent of the exterior
wall surface.
2.
Pre-engineered metal buildings are not permitted.
3.
Additional architectural standards are:
a.
Only two basic exterior wall materials including glass (glass and one other
basic material) plus one accent material shall be allowed.
b.
Only two basic building colors will be permitted plus one accent color, in
addition to glass color.
c.
Rooftop mechanical equipment, vents and ducts shall be screened from view
by using screens as high as the mechanical equipment. Screens may consist
of any architecturally suitable material noted in the list in subdivision 1 of
this subsection, as long as the color is consistent with basic building colors
noted in subdivision 3b of this subsection.
Planning Director Approval. All site, landscaping and building plans shall be reviewed by
the planning director prior to issuance of building permits to determine compliance with the
requirements of this chapter. (Ord. 4193 §1, 1991: Ord. 3453 §1, 1984: Ord. 3298 §1
(part), 1982)
El Dorado County Zoning Ordinance
(Revised December 2009)
177
THIS SPACE INTENTIONALLY LEFT BLANK.
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El Dorado County Zoning Ordinance
Chapter 17.36
AGRICULTURAL DISTRICTS
Sections:
I.
AGRICULTURAL (A) DISTRICTS
17.36.010
17.36.020
17.36.030
17.36.040
17.36.050
II.
EXCLUSIVE AGRICULTURAL (AE) DISTRICTS
17.36.060
17.36.070
17.36.080
17.36.090
17.36.100
III.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Applicability.
PLANNED AGRICULTURAL (PA) DISTRICTS
17.36.110
17.36.120
17.36.130
17.36.140
17.36.150
17.36.160
IV.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Parcel size.
SELECT AGRICULTURAL (SA-10) DISTRICTS
17.36.210
17.36.220
17.36.230
17.36.240
17.36.250
17.36.260
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Criteria for establishing SA-10 zone.
Development criteria.
El Dorado County Zoning Ordinance
(Revised December 2009)
179
V.
AGRICULTURAL PRESERVE (AP) DISTRICTS
17.36.310
17.36.320
17.36.330
17.36.340
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
I. AGRICULTURAL (A) DISTRICTS
17.36.010 Purpose. The purpose of A districts is to provide for the orderly development of land
having sufficient space and natural conditions compatible to horticultural and agricultural pursuits
and to promote and encourage these pursuits by providing additional opportunities for the sale,
packing, processing, and other related activities which tend to increase their economic viability and
to provide for the protection from encroachment of unrelated uses tending to have adverse effects on
the development of the area. (Ord. 3826 (part), 1988: prior code §9415(a))
17.36.020 Applicability. The regulations set forth in Sections 17.36.030 through 17.36.050 shall
apply in all A agricultural districts and shall be subject to the provisions of Chapters 17.14, 17.16
and 17.18. (Ord. 3826 (part), 1988: prior code §9415(b))
17.36.030 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One-family detached dwelling:
1.
The renting of one room within the dwelling,
2.
Guest house, not to exceed four hundred square feet as an accessory use to an
existing dwelling,
3.
Accessory use and structures including but not limited to garage, swimming pool,
pumphouse, boathouse,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held and no display of goods is visible from the outside of
the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
B.
Raising and grazing of livestock and other animals;
C.
Growing of trees, fruits, vegetables, flowers, grains and other crops;
D.
Packing and sale of agricultural products produced on the premises without changing the
nature of the product;
E.
Any structure or use incidental or accessory to any of the foregoing uses;
F.
Excavation of earth and the drilling of wells exclusively for agricultural or residential
purposes on the premises;
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El Dorado County Zoning Ordinance
G.
H.
I.
One unlighted sign located on-site advertising authorized activities. The sign's display area
shall not exceed sixteen square feet on either sign face with a total no greater than thirty-two
square feet for a double-faced sign. Freestanding signs shall not exceed twelve feet in
height. Grower association signs, such as Farm Trails, Apple Hill, Winery, Farm Bureau, 4H or any other grower associations representing a group of growers, shall be exempt from
these provisions;
Packing, processing and sale of agricultural products and edible byproducts grown on-site;
The packing, processing and sale of agricultural products grown off-site in conjunction with
the processing or sale of products produced on site; (Ord. 4573 (part), 2001; Ord. 3826
(part), 1988: Ord. 3606 §48, 1986: Ord. 3366 §37, 1983; Ord. 3364 §33, 1983; prior code
§9415(c))
17.36.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
The processing, and/or sale of agricultural products produced off-site and any accessory
structures on parcels less than twenty acres;
B.
The commercial slaughtering of animals;
C.
The excavation of earth with processing plants for building material other than for
on-premises purposes;
D.
The mining or drilling of minerals or petroleum;
E.
The deposition onto land, into the atmosphere, or into water, of solid waste as defined by
Public Resources Code Section 40191, as from time to time amended, or the operation of a
solid waste facility as defined by Public Resources Code Section 40194, as from time to time
amended, or the operation of a load screening program as required by applicable state law, or
the operation of a household hazardous waste collection program as required by applicable
state law;
F.
The construction of schools, churches, cemeteries and golf courses and public utility
buildings;
G.
Recreational buildings and uses;
H.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
I.
Airports, heliports, landing strips and their accessory uses and structures;
J.
Home occupations not listed in subsection A4 of Section 17.36.030 which require special
consideration, such as power tools, accessory buildings, noise, and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
K.
Kennel, as defined in subsection 18 of Section 6.04.020;
L.
Single-family and multifamily dwellings, including dormitories, for agricultural labor
housing where the contiguous ownership of properties used for agricultural purposes contain
ten acres or more. Applications for agricultural labor housing may be approved only upon a
favorable recommendation from the agricultural commission that the activities conducted on
the property or contiguous properties under the same ownership satisfy the criteria for an
agricultural operation. (Ord. 4573 (part), 2001; Ord. 4169 §1, 1991: Ord. 3826 (part),
1988: Ord. 3606 §49, 1986: Ord. 3439 §7, 1984: Ord. 3419 §11, 1984: Ord. 3366 §38,
1983; Ord. 3364 §34, 1983; prior code §9415(d))
El Dorado County Zoning Ordinance
(Revised December 2009)
181
17.36.050 Development standards. The following building provisions shall apply in the A
agricultural districts unless and until a variance is obtained from the planning commission or zoning
administrator:
A.
Minimum lot area of ten acres;
B.
No maximum building coverage;
C.
Minimum lot width of one hundred fifty feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992)
E.
Minimum agriculture structural setbacks of fifty feet on all yards;
F.
Maximum building heights of forty-five feet (45'); (Ord. 4236, 1992)
G.
Development Standards. The development of new agricultural enterprise structures or uses
shall be located one hundred feet from any noncompatible use, i.e.:
1.
Residential structures,
2.
Nursing homes,
3.
Public schools,
4.
Playgrounds,
5.
Swimming pools,
6.
Ponds, and
7.
Churches. (Ord. 3826 (part), 1988: Ord. 3606 §50, 1986: Ord. 3366 §§39, 40,
1983; prior code §9415(e))
II. EXCLUSIVE AGRICULTURAL (AE) DISTRICTS
17.36.060 Applicability. The regulations set forth in Sections 17.36.070 through 17.36.100 shall
apply only to those lands subject to the Land Conservation Act of 1965. Such lands known as AE
districts shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18. No building or
structure shall be erected, structurally altered or enlarged, nor shall any building, structure or land be
used except as follows. (Ord. 3827 (part), 1988: prior code §9415.5(part))
17.36.070 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance if for commercial purposes:
A.
Raising and grazing of livestock, poultry and other animals;
B.
Growing of trees, fruits, vegetables, flowers, grains and other crops;
C.
Growing and harvesting of timber and other forest products;
D.
One single-family detached dwelling within each AE preserve, or one mobile home within
the AE preserve for the property owner; provided, however, that the location of the mobile
home shall be subject to the approval of the zoning administrator in the same manner and
subject to the same review as applicable to approvals of the zoning administrator relating to
special use permits;
E.
One unlighted sign in view of the public roadway, not exceeding thirty-two square feet of
display area on any one sign, and not more than sixty-four square feet total display area, and
not more than twelve feet above ground level, advertising authorized agriculture activities on
the premises. Grower association signs, such as Farm Trails, Apple Hill, Winery, Farm
Bureau, 4-H or any other grower associations representing a group of growers, shall be
exempt from these provisions. Signs warning against trespass, hunting or shooting on the
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El Dorado County Zoning Ordinance
F.
G.
H.
I.
J.
K.
premises not more than one hundred sixty-eight square inches in size and not less than two
hundred feet apart.
Excavation of earth and the drilling of wells exclusively for agricultural uses and other
authorized uses on the premises;
Barns, corrals and other outbuildings and structures accessory to the foregoing uses;
Packing, processing and sale of agricultural products and by products grown on the site;
The packing, processing and sale of agricultural products and by products grown off-site in
conjunction with the processing or sale of products grown on site.
Ranch marketing activities pursuant to the provisions of Section 17.14.180.
Wineries and wine tasting facilities, pursuant to the provisions of Section 17.14.190.
(Ord.4573 (part), 2001; Ord. 3826 (part), 1988: Ord. 3606 §51, 1986: Ord. 3364 §35, 1983;
prior code §9415.5(a))
17.36.080 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit from the planning commission or zoning administrator with recommendation of
the agricultural commission:
A.
The packing, processing, and/or sale of agricultural products produced off-site and any
accessory structures on parcels containing less than twenty acres;
B.
Uses compatible with the intent of the Land Conservation Act of 1965;
C.
Private noncommercial aircraft landing fields for use of the agricultural pursuits thereon and
such accessory buildings as needed to provide shelter, maintenance and storage to the
equipment thereon;
D.
Gas and oil wells;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
F.
Kennel, as defined in subsection 18 of Section 6.04.020;
G.
Use of special attractions for commercial purposes, such as, but not limited to, music
festivals, carnivals, flags, banners, or other nonagricultural activities;
H.
Single-family and multifamily dwellings, including dormitories, for agricultural labor
housing where the contiguous ownership of properties used for agricultural purposes contain
ten acres or more. Applications for agricultural labor housing may be approved only upon a
favorable recommendation from the agricultural commission that the activities conducted on
the property or contiguous properties under the same ownership satisfy the criteria for an
agricultural operation.
I.
Ranch marketing activities not permitted under Section 17.36.230, as set forth in Section
17.14.180;
J.
Wine tasting facilities not permitted under Section 17.36.230 as set forth in Section
17.14.190. (Ord. 4573 (part), 2001; Ord. 3827 (part), 1988: Ord. 3606 §52, 1986: Ord.
3440 §2, 1984: Ord. 3364 §36, 1983; prior code §9415.5(b))
17.36.090 Development standards. The following area and building regulations shall apply in AE
districts unless a variance is first obtained from the planning commission or zoning administrator:
A.
Buildings and structures shall not exceed fifty feet (50') in height from the ground floor, except that water tanks, silos, granaries, barns and similar structures, or necessary mechanical
appurtenances, may exceed fifty feet in height, provided they do not violate the height
regulations imposed by any AA airport approach district;
El Dorado County Zoning Ordinance
(Revised December 2009)
183
B.
C.
D.
E.
F.
G.
H.
Notwithstanding any other provision of Sections 17.36.060 through 17.36.100, no mobile
home, building or structure shall be erected, structurally altered or enlarged, or placed on the
property for purposes of human habitation on any parcel of land created by a land division
which takes place after the effective date of the amendment which adds this subsection. For
purposes of this subsection, land division includes the division of any real property,
improved or unimproved, or portion thereof shown on the latest equalized county assessment
roll as a unit or contiguous units which are divided for the purpose of sale, lease or financing
whether immediate or future. This subsection shall not apply to any parcel created by a land
division which independently meets the criteria now or hereafter established by the board of
supervisors for the establishment of agricultural preserves and as to which, after its creation,
the owner has entered into a contract with the county for the establishment of an agricultural
preserve;
Minimum parcel area, twenty acres; provided, however, an agricultural preserve may consist
of a parcel or contiguous parcels of between ten (10) and twenty (20) acres if the property
meets all of the special criteria therefor as established by the county in that certain resolution
establishing Williamson Act criteria, as from to time amended, and the parcel was, or
contiguous parcels were, in existence as of March 23, 1993. (Ord. 4286, 1993)
Minimum parcel width, two hundred feet;
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992)
Minimum agriculture structural setbacks of fifty feet on all yards;
Maximum building coverage, none;
Locations of the parcel in relation to surrounding land use: The success and stability of
agricultural enterprises can be influenced by the zone and use of immediately adjacent lands.
Land that is within an agricultural area or adjacent to agriculturally zoned lands may be
recommended for agricultural zoning. A buffer area as established by Ordinance No. 3371,
July 12, 1983, will be required. Variances to the above will be reviewed by the agricultural
commission.
The development of new agricultural enterprise structures or uses shall be located one
hundred feet from any noncompatible use, i.e.:
1.
Residential structures,
2.
Nursing homes,
3.
Public schools,
4.
Playgrounds,
5.
Swimming pools,
6.
Ponds, and
7.
Churches. (Ord. 3827 (part), 1988: Ord. 3606 §53, 1986: Ord. 3366 §§41, 42,
1983; prior code §9415.5(c))
17.36.100 Applicability. The regulations contained in Sections 17.36.060 through 17.36.090 shall
also apply to lands zoned AE but which are not encumbered by Agricultural Preserve Contracts.
This section is not a change of but is declaratory of existing law. (Ord. 3827 (part), 1988: prior code
§9415.6)
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El Dorado County Zoning Ordinance
III. PLANNED AGRICULTURAL (PA) DISTRICTS
17.36.110 Purpose. The purpose of the PA districts is to provide for the orderly development and
protection of lands having sufficient space and conditions compatible to horticulture, husbandry and
other agricultural pursuits and to promote and encourage these pursuits by providing additional
opportunities for the sale, packing, processing, and other related activities which tend to increase
their economic viability and to provide for the protection from encroachment of unrelated and
incompatible land uses tending to have adverse effects on the development or use of these so
designated lands.
17.36.120 Applicability. The regulations set forth in Sections 17.36.130 through 17.36.160 shall
apply in all PA planned agricultural districts, and shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. Any amendment to zone boundaries proposing to add or remove lands from
planned agricultural zoning districts shall be reviewed by the agricultural commission.
17.36.130 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse, boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house, not for rent or lease, and not to exceed four hundred square feet of
floor space as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities;
B.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, engineer, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations conducted on the
premises or by mail or telephone where the activities do not create a traffic problem;
provided, that instruction is not given to groups in excess of four and concerts or recitals are
not held and no display of goods is visible from the outside of the property, such use must be
carried on in the residence and be incidental to the residential use of the premises and be
carried on by a resident thereon;
C.
One unlighted sign in view of the public roadway, not exceeding thirty-two square feet of
display area on any one sign, and not more than sixty-four square feet total display area, and
not more than twelve feet above ground level, advertising authorized agriculture activities on
the premises. Grower association signs, such as Farm Trails, Apple Hill, Winery, Farm
Bureau, 4-H or any other grower associations representing a group of growers, shall be
exempt from these provisions;
D.
Raising and grazing of livestock and other animals;
E.
Growing and harvesting of trees, fruits, vegetables, flowers, grains and other crops;
F.
Packing, processing and sale of agricultural products and by products grown on the site;
G.
Any structure or use incidental or accessory to any of the foregoing uses;
H.
Excavation of earth exclusively for agricultural or residential purposes on the premises
where the excavation will not create significant erosion and/or pollution;
I.
The drilling of wells exclusively for agricultural or residential purposes on the premises;
J.
The packing, processing and sale of agricultural products and by products grown off-site in
conjunction with the processing or sale of products grown on site.
El Dorado County Zoning Ordinance
(Revised December 2009)
185
K.
L.
Ranch marketing activities pursuant to the provisions of Section 17.14.180.
Wineries and wine tasting facilities, pursuant to the provisions of Section 17.14.190. (Ord.
4573 (part), 2001)
17.36.140 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
The packing and processing, and/or sale of agricultural products produced off-site and any
accessory structures on parcels containing less than twenty acres;
B.
The commercial slaughtering of animals;
C.
The excavation and processing of building materials for other than on-premises purposes;
D.
The mining or drilling of minerals or petroleum;
E.
The deposition onto land, into the atmosphere, or into water, of solid waste as defined by
Public Resources Code Section 40191, as from time to time amended, or the operation of a
solid waste facility as defined by Public Resources Code Section 40194, as from time to time
amended, or the operation of a load screening program as required by applicable state law, or
the operation of a household hazardous waste collection program as required by applicable
state law;
F.
The construction of fire stations and public utility buildings;
G.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
H.
Private noncommercial aircraft landing fields for use of the agricultural pursuits thereon and
such accessory buildings as needed to provide shelter, maintenance and storage to the
equipment thereon;
I.
Home occupations not listed in subsection B of Section 17.36.130 which require special
consideration, such as use of power tools, accessory building, noise, and will not change the
agricultural character of the premises, or adversely affect the other uses permitted in an
agricultural area;
J.
Kennel, as defined in subsection 18 of Section 6.04.020;
K.
Single-family and multifamily dwellings, including dormitories, for agricultural labor
housing where the contiguous ownership of properties used for agricultural purposes contain
ten acres or more. Applications for agricultural labor housing may be approved only upon a
favorable recommendation from the agricultural commission that the activities conducted on
the property or contiguous properties under the same ownership satisfy the criteria for an
agricultural operation.
L.
Ranch marketing activities not permitted under Section 17.36.230, as set forth in Section
17.14.180;
M.
Wine tasting facilities not permitted under Section 17.36.230 as set forth in Section
17.14.190.. (Ord. 4573 (part), 2001; Ord. 4169 §2, 1991: Ord. 3828 (part), 1988: Ord. 3606
§55, 1986: Ord. 3440 §3, 1984: Ord. 3366 §44, 1983; Ord. 3364 §38, 1983; prior code
§9429(d))
17.36.150 Development standards. The following provisions shall apply in all PA planned
agricultural zoning districts unless and until a variance is obtained from the planning commission or
zoning administrator upon recommendation of the agricultural commission. The establishment of
agricultural zoning shall be based upon one or more of the following three criteria:
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El Dorado County Zoning Ordinance
A.
B.
C.
Capability of the Land for Agricultural Production.
The "Soil Survey of El Dorado Area, California" issued April 1974 by the U.S.D.A. Soil
Conservation Service, or other comparable state or federal criteria, will be used as the basis
for defining soil sites particularly for agricultural uses.
1.
Choice* agricultural land, zero to thirty percent slope, includes some lands in classes
II, III, IV and VI, which are suitable for orchard, vineyard and woodland;
2.
Choice* rangeland, includes some lands in classes IV, VI and VII with range site
indices of 1, 2 and 3, suitable for range use;
3.
Choice* woodland, includes some lands in classes IV, VI and VII with woodland site
indices of 1 through 6, which are suitable for woodland use.
Present Land Use. Lands that are not included in one of the above soil groupings but are
being actively used agriculturally will be considered for agricultural zoning when the land in
question meets three of the four criteria for an agricultural preserve as defined in Resolution
72-72 (Agricultural Exclusive). Additionally, when lands do not qualify as agricultural
under capability criteria 1, or the above, they may be zoned agricultural if recommended by
the agricultural commission.
Location of the Parcel in Relation to Surrounding Land Use. The success and stability of
agricultural enterprises can be profoundly influenced by the zoning and use of immediately
adjacent lands. Land that is within an agricultural area or adjacent to agriculturally zoned
lands may be recommended for agricultural zoning. A buffer area as established by Section
17.06.150 will be required. Variances to the above will be considered upon recommendation
of the agricultural commission. The development of new agricultural enterprise structures or
uses shall be located one hundred feet from any noncompatible use, i.e.:
1.
Residential structures;
2.
Nursing homes;
3.
Public schools;
4.
Playgrounds;
5.
Swimming pools;
6.
Ponds; and
7.
Churches. (Ord. 3828 (part), 1988: prior code §9429(e))
17.36.160 Parcel size. The following minimum parcel sizes are established for lands in PA zoning
districts:
A.
All agricultural lands exclusive of rangeland or woodland designations, twenty acres or such
larger minimum parcel as the board of supervisors determines to be consistent with the
purposes of this chapter;
B.
Agricultural lands designated rangeland or woodland, sixty acres;
C.
Minimum lot width, three hundred thirty feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'); (Ord. 4236, 1992)
E.
Minimum agricultural structural setbacks of fifty feet on all yards; existing agricultural
buildings in use as of the effective date of the ordinance codified in this chapter may
continue to be used until they are removed or otherwise destroyed. Such existing
agricultural structures may be improved under a building permit, not to exceed fifty percent
of their appraised value at the time the permit is used;
*
Choice refers to best land in relation to El Dorado County, not to the criteria as set forth in Section 16142(b) of
the Government Code.
El Dorado County Zoning Ordinance
(Revised December 2009)
187
F.
Buildings and structures shall not exceed forty-five feet (45') in height from the ground floor
except that water tanks, silos, granaries, barns and similar structures or necessary mechanical
appurtenances may exceed forty-five feet (45') in height, provided they do not violate the
height regulations imposed by any AA airport approach districts. (Ord. 4164 §1, 1991: Ord.
3828 (part), 1988: Ord. 3606 §56, 1986: Ord. 3366 §§45, 46, 47, 1983; prior code §9429(f);
Ord. 4236, 1992)
IV. SELECT AGRICULTURAL (SA-10) DISTRICT
17.36.210 Purpose. The purpose of the SA district is to provide for the protection of orderly
agricultural development of lands having sufficient area and conditions compatible to horticulture,
husbandry and other agricultural uses and to promote and encourage these pursuits by providing
additional opportunities for the sale, packing, processing, and other related activities which tend to
increase their economic viability. (Ord. 3829 (part), 1988: Ord. 3512 §1(part), 1985)
17.36.220 Applicability. The regulations set forth in Sections 17.36.210 through 17.36.260 shall
apply in all SA- 10 districts and shall be subject to the provisions of Chapters 17.14, 17.16 and
17.18. Any amendment to the SA-10 zone district which proposes to remove lands from the SA-10
zone district shall be reviewed by the agricultural commission and a recommendation forwarded to
the planning commission. (Ord. 3829 (part), 1988: Ord. 3512 §1(part), 1985)
17.36.230 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse,
2.
The renting of one room within the dwelling,
3.
One guesthouse, not for rent or lease, and not to exceed four hundred square feet of
floor space as an accessory use to an existing dwelling. No guesthouse shall contain
kitchen facilities;
B.
Home occupations, such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher, and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four and concerts or recitals are not held and
no display of goods is visible from the outside of the property, such use must be carried on in
the main building and be incidental to the residential use of the premises and be carried on
by a resident thereon;
C.
One unlighted sign located on-site advertising authorized activities. The sign's display area
shall not exceed sixteen square feet on either sign face with a total no greater than thirty-two
square feet for a double-faced sign. Freestanding signs shall not exceed twelve feet in
height. Grower association signs, such as Farm Trails, Apple Hill, Winery, Farm Bureau, 4H or any other grower associations representing a group of growers, shall be exempt from
these provisions;
D.
Raising and grazing of livestock and other animals;
E.
Growing and harvesting of trees, fruits, vegetables, flowers, grains and other crops;
F.
Packing, processing and sale of agricultural products and by products grown on the site;
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El Dorado County Zoning Ordinance
G.
H.
I.
J.
K.
Any structure or use incidental or accessory to any of the foregoing uses, except additional
permanent dwellings;
The drilling of wells for agricultural or residential purposes on the premises;
The packing, processing and sale of agricultural products and by products grown off-site in
conjunction with the processing or sale of products grown on site.
Ranch marketing activities pursuant to the provisions of Section 17.14.180.
Wineries and wine tasting facilities, pursuant to the provisions of Section 17.14.190. (Ord.
3829 (part), 1988: Ord. 3606 §68, 1986: Ord. 3512 §1(part), 1985)
17.36.240 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
The packing, processing and/or sale of agricultural products produced off-site and any
accessory structures on parcels containing less than twenty acres;
B.
The mining and/or drilling for minerals or petroleum;
C.
The construction of fire stations and public utility buildings;
D.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
E.
Home occupations not allowed by right under subsection B of Section 17.36.230, and which
will require special consideration resulting, for example, from the use of power tools or
accessory buildings, or where excessive noise will be created, provided such home
occupation uses will not change the agricultural character of the premises, or adversely affect
the other uses permitted in an agricultural area;
F.
Ranch marketing activities not permitted under Section 17.36.230, as set forth in Section
17.14.180;
G.
Wine tasting facilities not permitted under Section 17.36.230 as set forth in Section
17.14.190.
H.
Single-family and multifamily dwellings, including dormitories, for agricultural labor
housing where the contiguous ownership of properties used for agricultural purpose contain
ten acres or more. Applications for agricultural labor housing may be approved only upon a
favorable recommendation from the agricultural commission that the activities conducted on
the property or contiguous properties under the same ownership satisfy the criteria for an
agricultural operation. (Ord. 3829 (part), 1988: Ord. 3606 §69, 1986: Ord. 3512 §1(part),
1985)
17.36.250 Criteria for establishing SA-10 zone. The following provisions shall apply in all SA-10
zoning districts unless and until a variance is obtained from either the zoning administrator or the
planning commission upon recommendation of the agricultural commission. The establishment of
SA-10 zoning districts shall meet the criteria of A or B below:
A.
Capability of land for agricultural production: The "Soil Survey of El Dorado Area,
California," issued April 1974 by the USDA Soil Conservation Service, or other comparable
state or federal criteria, will be used as the basis for defining soil sites particularly for
agricultural uses.
1.
Choice* agricultural land, zero to thirty percent slope, with some lands in classes II,
III, IV and VI, which are suitable for orchard, vineyard and woodland;
__________
*
"Choice" refers to best land in relation to the county, not to the criteria as set forth in Section 16142(b) of the
Government Code.
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189
2.
B.
Choice* rangeland, includes some lands in classes IV, VI and VII with range site
indices of 1, 2 and 3, suitable for range uses;
3.
Choice* woodland, includes some lands in classes IV, VI and VII with woodland site
indices of 1 through 6, which are suitable for woodland use.
Present land use: Lands that are not included in one of the soil groupings set out in
subsection A of this section but are being actively used agriculturally will be considered for
agricultural zoning when the land in question meets three of the four criteria for an
agricultural preserve, as defined in Resolution 244-76, Criteria and Procedures for
Establishing Williamson Act Contracts. Additionally, when lands do not qualify as
agricultural under capability criteria 1, or the above, they may be rezoned agricultural if
included in a county-initiated zoning recommendation. The agricultural commission shall
make recommendations on such rezonings. (Ord. 3829 (part), 1988: Ord. 3512 §1(part),
1985)
17.36.260 Development criteria. The following minimum parcel size is established for lands in the
SA-10 zoning district:
A.
Minimum parcel size, ten acres;
B.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992)
C.
Minimum agricultural structural setbacks of fifty feet on all yards; existing agricultural
buildings in use as of the effective date of the ordinance codified in this chapter may
continue to be used until they are removed or otherwise destroyed. Such existing
agricultural structures must be improved under a building permit;
D.
Buildings and structures shall not exceed forty- five feet (45') in height from the ground floor
except that water tanks, silos, granaries, barns and similar structures or necessary mechanical
appurtenances may exceed forty-five feet (45') in height, provided they do not violate the
height regulations imposed by an AA, airport approach, district; (Ord. 4236, 1992)
E.
Reserved;
F.
Land coverage:
1.
The area devoted to residential and accessory uses, excluding driveways, etc.,
identified under Section 17.36.130 (A-1, -2 and -3) shall not exceed fifteen thousand
square feet of area;
2.
Agricultural facilities, no maximum coverage established.
G.
Locations of the parcel in relation to surrounding land use: The success and stability of
agricultural enterprises can be influenced by the zoning and use of immediately adjacent
lands. Land that is within an agricultural area or adjacent to agriculturally zoned lands may
be recommended for agricultural zoning. A buffer area as established by Ordinance No.
3371, July 12, 1983, will be required. Variances to this subsection will be reviewed by the
agricultural commission.
__________
*
"Choice" refers to best land in relation to the county, not to the criteria as set forth in Section 16142(b) of the
Government Code.
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El Dorado County Zoning Ordinance
The development of new agricultural enterprise structures shall be located one hundred feet
from any noncompatible use, i.e.:
1.
Residential structures,
2.
Nursing homes,
3.
Public schools,
4.
Playgrounds,
5.
Swimming pools,
6.
Ponds, and
7.
Churches. (Ord. 3829 (part), 1988: Ord. 3606 §70, 1986: Ord. 3512 §1(part), 1985)
V.
AGRICULTURAL PRESERVE (AP) DISTRICTS
17.36.310 Applicability. The regulations set forth in Sections 17.36.310 through 17.36.340 shall
apply only to those lands subject to the Land Conservation Act of 1965. Such lands known as AP
districts shall be subject to the provisions of Chapters 17.14, 17.16, and 17.18. (Ord 4636, §6, 2003)
17.36.320 Uses permitted by right. All uses allowed by right in the Exclusive Agriculture (AE)
Districts, Section 17.36.070 A through I. (Ord 4636, §6, 2003)
17.36.330 Uses requiring special use permit. All uses allowed only after obtaining a special use
permit from the planning commission or zoning administrator with recommendation of the
agricultural commission in the Exclusive Agriculture (AE) District, Section 17.36.080 A through H,
and including I through J as follows:
I.
Ranch marketing activities pursuant to the provisions of Section 17.14.180.
J.
Wineries and wine tasting facilities, pursuant to the provisions of Section 17.14.190.
(Ord 4636, §6, 2003)
17.36.340 Development Standards. The area and building regulations contained in the Exclusive
Agriculture (AE) District, Section 17.36.090 A through H. (Ord 4636, §6, 2003)
El Dorado County Zoning Ordinance
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THIS SPACE INTENTIONALLY LEFT BLANK.
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El Dorado County Zoning Ordinance
Chapter 17.38
AIRPORT SAFETY (AA) DISTRICT
Sections:
17.38.010
17.38.020
17.38.030
17.38.040
17.38.041
17.38.042
17.38.050
17.38.051
17.38.052
17.38.060
17.38.061
17.38.062
Purpose.
Applicability.
Definitions.
Land use compatibility.
Prohibited uses and development.
Exceptions.
Development requirements.
Height restrictions.
Noise attenuation.
Administration.
Supplemental application information.
Avigation and noise easement required.
17.38.010 Purpose. This chapter establishes regulations to assure that the creation or establishment
of structures or objects of natural growth will not constitute hazards to air navigation; to minimize
public exposure to airport-related hazards; and to assure the compatibility of permitted development
with anticipated airport noise levels. (Ord. 3721 §1(part), 1987)
17.38.020 Applicability. These regulations shall be combined with existing principal zone districts
and shall apply to areas designated AA on the zoning maps that encroach into the airport imaginary
surfaces, airport safety areas, or within airport areas with a noise exposure level of equal or in excess
of sixty dBCNEL as identified in the airport comprehensive land use plan. All land uses and
development standards of the principal zone shall apply in the combined zone except in so far as
they are inconsistent with or modified by the land uses and development standards set forth in these
regulations. Parcels or portions of parcels that are not located within the airport imaginary surfaces,
airport safety areas, or within airport areas with a noise exposure level of equal or in excess of 60
dBCNEL as identified in the airport comprehensive land use plan are not subject to the airport safety
(AA) regulations. (Ord. 3721 §1(part), 1987)
17.38.030 Definitions.
A.
"Airport" means any airport open for public use.
B.
"Airport comprehensive land use plan" means the document prepared by the airport land use
commission pursuant to Section 21675 of the Public Utilities Code that specifies land use
and development policies to protect the safety and general welfare in the vicinity of county
airports and to assure the safety of air navigation.
C.
"Airport hazard" means any structure or natural growth that obstructs the navigable air space.
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193
D.
"Imaginary surfaces" means surfaces established in relation to the end of each runway or
designated takeoff and landing area, as defined in paragraphs 77.25, 77.28 and 77.29 of the
Federal Aviation Regulations (FAR) Part 77. Such surfaces include imaginary approach,
horizontal, conical, transitional, primary and other surfaces. These surfaces are specifically
described for each airport in the airport comprehensive land use plan and shall be calculated
based upon the established airport elevation. The established elevation of an airport shall be
the highest point of the usable land area. (Ord. 3721 §1(part), 1987)
17.38.040 Land use compatibility. New development, development approval or any expansion of
existing uses shall be consistent with the criteria of the land use compatibility guidelines for safety
contained in the applicable airport comprehensive land use plan. Notwithstanding the restrictions for
the location of a single-family residence within an approach or departure zone, the construction of a
new single-family residence within a R1 district on a lawfully created parcel may be permitted in
accordance with height restrictions of Section 17.38.051 and noise attenuation requirements of
Section 17.38.052.
In interpreting and applying the land use compatibility guidelines for safety, the land use criteria are
the minimum requirements for the promotion of the public health, safety and general welfare. If an
ambiguity arises concerning the content or application of the guidelines, the planning director shall
ascertain all relevant facts, consider the ambiguity, and interpret and apply the guidelines. (Ord.
3721 §1(part), 1987)
17.38.041 Prohibited uses and development. In addition to the uses specified by the land use
compatibility guidelines for safety, the following uses and development are prohibited within the
airport safety areas as identified in the airport comprehensive land use plan as follows:
A.
Within and below the designated periphery of safety area 3 (overflight zone):
1.
Any distracting lights or glare including any non-airport light that may be mistaken
for airport lights or any source of glare directed towards an operating aircraft,
2.
Any significant source of smoke, whether from a permanent or temporary use,
3.
Any source of electrical and electronic interference that disrupts radio
communications or navigational signals, and
4.
Any land uses that attract concentrations of birds to levels that would increase the
risk of collision;
B.
Within the safety area 1 (clear zone), any use, whether temporary or permanent, resulting in
an assemblage of more than ten persons per acre at any time;
C.
Within specified safety areas 1 and 2 (approach or departure zones), second residential units
as provided in Chapter 17.15 of this code. (Ord. 3721 §1(part), 1987)
17.38.042 Exceptions. The land use compatibility guidelines for safety and the provisions of
Section 17.38.040 shall not apply to the following:
A.
Temporary uses: Temporary uses, including, but not limited to: carnival, air show, or other
outdoor entertainment events; provided, that the airport is temporarily closed for general
aviation purposes;
B.
Exceptions: Notwithstanding the requirements of the Cameron Airpark Airport
comprehensive land use plan, land use compatibility guidelines for safety, a single-family
residence located within the safety area 1, may be constructed, maintained, altered or
reconstructed on assessor's parcel numbers 83-243-01, 83-243-02, 83-243-03 and 83-253-01
(also known as lots 63, 64 and 65 of Cameron Park North unit no. 1; and lot 98 of Cameron
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El Dorado County Zoning Ordinance
C.
Park North unit no. 6). These residential uses shall not be considered nonconforming uses
pursuant to Title 17 of this code;
Hardship. Any use or structure for which the planning commission, following a public
hearing, finds that a hardship exists that clearly outweighs the public health, safety and
welfare objectives of the airport comprehensive land use plan. Such finding must be made
by four-fifths of the voting members of the commission. If a request for a hardship
exemption is appealed to the board of supervisors, the finding of hardship must also be
approved by a four-fifths vote of the voting members of the board of supervisors, following a
public hearing.
Prior to any planning commission or board of supervisors' action, the planning division shall
refer the matter to the airport land use commission for review and comment. The planning
commission, and the board of supervisors on appeal, shall consider the comments, if any, of
the airport land use commission in their review and action. (Ord. 3721 §1(part), 1987)
17.38.050 Development requirements. Development requirements are set forth in Sections
17.38.051 and 17.38.052. (Ord. 3721 §1(part), 1987)
17.38.051 Height restrictions. No natural growth or structure shall be located or extended such that
the height of the structure or natural growth will encroach upon or rise above any of the imaginary
surfaces of the airport. Where there is a question as to whether a proposed structure would penetrate
or natural growth penetrates an imaginary surface, the planning director may require certification of
ground elevations for the location of the proposed structure or natural growth. Such certification
shall be determined by interpolation of the elevation contours, to the nearest one-foot, from elevation
datum as deemed appropriate by the license surveyor. An exception to the height restrictions may be
granted if:
A.
The planning director determines based on factual evidence that the object would be
substantially shielded by existing permanent structures or terrain in a manner such that it
clearly would not affect the safety of air navigation; or
B.
The FAA has determined, pursuant to Federal Aviation Regulations (FAR) Part 77, that the
proposed structure does not constitute a hazard to air navigation or the structure is located
within and consistent with a blanket study prepared by FAA on the possible effects upon the
navigable airspace of potential construction; or
C.
The Caltrans Division of Aeronautics has issued a permit allowing construction of the
proposed structure.
Any height exception granted by this section may be conditioned to require the owner of the
subject structure to install, operate, and maintain thereon such markers and lights as may be
necessary to indicate to flyers the presence of an airport obstacle. (Ord. 3721 §1(part), 1987)
17.38.052 Noise attenuation. All residential structures located within the sixty dBCNEL contour
shall comply with Title 25 of the California Administrative Code to attenuate exterior noise such that
interior noise levels shall not exceed forty-five dBCNEL in any habitable room.
Enlargements and alterations of a single-family residence in existence on the effective date of these
regulations shall not be required to attain compliance with noise attenuation standards of this section;
provided, that such enlargements and alterations do not create a greater degree of nonconformance.
An acoustical analysis shall not be required for enlargements or alterations of a single-family
residence unless the chief building official determines that the proposed enlargement or alteration
El Dorado County Zoning Ordinance
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195
may create a greater degree of nonconformance with the interior noise levels established herein.
(Ord. 3721 §1(part), 1987)
17.38.060 Administration. No building permit or development permit or other entitlement for use
shall be issued by the county for any development or activity within areas designated AA on the
zoning map until such development or activity has been reviewed and found to be in compliance
with this chapter. (Ord. 3721 §1(part), 1987)
17.38.061 Supplemental application information. An application for a building or development
permit or other entitlement for use shall include the following information and any maps, drawings
or other information as may be required by the planning director to determine compliance with these
regulations.
A.
CNEL Contours. Community noise equivalent level (CNEL) contours of sixty dBCNEL or
larger, as provided in the applicable airport comprehensive land use plan, shall be
superimposed on a topographic map of the development site to show both present and, as
applicable, future aircraft-generated sound levels projected for the property. All maps should
be drawn at a scale designated by the planning director.
B.
Location and Height of Structures. The placement and height of all existing and proposed
buildings and structures shall be shown on the site/contour map and accompanied by
building elevations.
C.
Specification of Uses. Identification of the use(s) to occur within each structure or activity
area shall be designated on the site/contour map.
D.
Noise Mitigation Measures. As required by Section 17.38.052, an acoustical analysis report
prepared by a person with experience in the field of acoustical engineering describing noise
attenuation measures to be applied in the development, together with an analysis of the noise
insulation effectiveness of the proposed construction showing that the prescribed interior
noise level requirements are met. If interior allowable noise levels are met by requiring that
windows be unopenable or closed, the design for the structure must also specify the means
that will be employed to provide ventilation and cooling if necessary, to provide a habitable
interior environment.
E.
Narrative description. A narrative shall be provided describing the location of the site, its
total acreage, existing character and use; a description of the proposed development or use,
including, as appropriate, proposed residential density, number of employees and estimated
number of people who will be engaged in transactions or aggregated at the site over a
twenty-four-hour period, such as, but not limited to, retail store customers. (Ord. 3721
§1(part), 1987)
17.38.062 Avigation and noise easement required. No discretionary permit of any type shall be
approved for development or activity subject to the airport safety (AA) regulations until the county
has forwarded the application to the agency responsible for the administration of the CLUP for
review as to consistency with the plan and the county has received any recommended conditions or
restrictions in order to ensure the public health, safety and general welfare, including but not limited
to the requirement for an appropriate and/or noise easement. ((Ord. 3721 §1(part), 1987; Ord. 4812,
2009)
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El Dorado County Zoning Ordinance
Chapter 17.40
MOBILE HOME DISTRICTS
Sections:
I.
MOBILE HOME PARK (MP) DISTRICTS
17.40.010
17.40.020
17.40.030
17.40.040
17.40.050
17.40.060
17.40.070
17.40.080
17.40.090
17.40.100
17.40.110
17.40.120
17.40.130
17.40.140
17.40.150
17.40.160
17.40.170
17.40.180
17.40.190
17.40.200
17.40.210
Applicability.
Uses requiring special use permit.
Development standards.
Pedestrian circulation.
Street width.
Access.
Parking.
Boat and trailer storage.
Landscaping.
Utilities.
Profile.
Fences.
Signs.
Garbage disposal.
Drainage.
Sewage.
Water.
Fire protection.
Demonstrator homes.
Occupancy requirements.
Additional requirements.
I. MOBILE HOME PARK (MP) DISTRICTS
17.40.010 Applicability. The regulations set forth in Sections 17.40.020 through 17.40.210 shall
apply in all MP mobile home park districts and TMP Tahoe mobile home park districts for any new
mobile home park or the expansion of any such existing facility, and shall be governed by the
procedures and regulations set forth in Sections 17.40.020 through 17.40.210 which are in addition
to applicable state rules and regulations for mobile home parks and shall be subject to the provisions
of Chapters 17.14, 17.16 and 17.18. (Prior code §9422(part))
17.40.020 Uses requiring special use permit. The following uses are allowed by special use permit:
A.
Mobile home parks with accessory structures and uses, including a single-family dwelling
when housing persons affiliated with the mobile home park, not to include businesses
catering to off-premises patronage when located within the park itself. (Prior code §9422(a))
El Dorado County Zoning Ordinance
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197
17.40.030 Development standards. The following provisions shall apply in all mobile home park
districts unless and until a variance is obtained from the planning commission:
A.
Minimum parcel area, ten acres;
B.
Maximum overall density, seven units per gross acre;
C.
Landscaped perimeter side and rear buffer areas of fifteen feet; landscaped front setbacks and
yards adjacent to public used road rights-of-way, twenty-five feet;
D.
Recreation area, a minimum of twenty percent of the total site area shall be devoted to indoor
and outdoor community activity and service facilities which may include but shall not be
limited to the following:
1.
Community center building (minimum size based on twenty-five square feet per
mobile home space),
2.
Swimming pool,
3.
Golf putting greens,
4.
Landscaped open space,
5.
Bicycle paths,
6.
Tennis and badminton courts,
7.
Shuffleboard and horseshoes,
8.
Hobby and craft shop,
9.
Sewing room,
10.
Small indoor gymnasium for winter sports such as handball, etc.
In computing the size of this area, landscaped open spaces such as might be provided by
buffer areas, pedestrian pathways and boat and storage areas may be taken into account.
However, open areas such as roads and parking spaces shall be excluded from computation;
E.
Lot area, no mobile home shall have less than two thousand seven hundred square feet of lot
area nor a width of less than thirty feet and no double less than three thousand six hundred
square feet of lot area nor a width of less than fifty feet. No double shall occupy a space designed for a single unit;
F.
Yards: side yards, a five-foot minimum setback from the outer edge of any structure or
mobile home to the mobile home lot line shall be maintained, encroachment into the setback
area shall not be permitted; rear yard, a five-foot minimum setback from the outer edge of
any structure or mobile home to the mobile home lot line shall be maintained, encroachment
into the setback area shall not be permitted; front yard, a fifteen-foot minimum setback from
the outer edge of any structure or mobile home to the mobile home lot line shall be
maintained, encroachment into the setback area shall not be permitted. (Prior code
§9422(b)(1)–(6))
G.
Building Height: thirty-five feet (35'). (Ord. 4236, 1992)
17.40.040 Pedestrian circulation. Pedestrian circulation and pedestrian ways shall be provided as a
part of the park design to allow normal circulation patterns to take place between adjacent parcels
and recreational areas. (Prior code §9422(b)(7))
17.40.050 Street width. The minimum driveway or road within a mobile home park shall be no less
than twenty-five feet of clear width. The roads shall be surfaced as directed by the director of public
works. All access drives, parking bays and connections to county roads shall be subject to county
encroachment permits issued by the director of department of transportation. (Ord. 3766 §67, 1987:
prior code §9422(b)(8))
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17.40.060 Access. All mobile home spaces shall be served from internal private streets within the
mobile home park and there shall be no direct access from a mobile home space to a public street or
alley. Ingress and egress roads shall have a clear and unobstructed access to a public thoroughfare.
(Prior code §9422(b)(9))
17.40.070 Parking. The developer shall provide two off-street parking spaces for each mobile home
unit on the mobile home lot. The two off-street parking spaces may be in tandem and shall be
designed so that a parked vehicle will not encroach into the street or pedestrian way area. One
off-street guest parking space for each two mobile home units shall be provided within convenient
distance. (Prior code §9422(b)(10))
17.40.080 Boat and trailer storage. All pleasure boats, trailers, campers or motor coaches shall be
stored in an area set aside for such storage on the approved plans. The area shall be screened from
view and shall provide a minimum of one boat or trailer space for every four mobile home sites.
Such storage shall not be allowed on any street or individual mobile home lot. (Prior code
§9422(b)(11))
17.40.090 Landscaping. A detailed landscaping plan shall be submitted for consideration with each
special use permit application. All open areas except driveways, parking areas, walkways, utility
areas, decks, patios or porches shall be well landscaped and maintained. Landscaping shall be used
as a buffer between mobile home units and adjoining property. Trees shall be planted throughout the
development. Whenever possible, plants that are indigenous to this area shall be incorporated into
the landscaping plan. All required planting shall be permanently maintained in good growing
condition and repaired or replaced whenever necessary. (Prior code §9422(b)(12))
17.40.100 Utilities. All utilities shall be installed underground. (Prior code §9422(b)(13))
17.40.110 Profile. To lower the profile of a mobile home so that it more closely resembles a
conventional residential structure, wheels may be removed, but hubs and running gear are to remain
intact.
A.
The utility island sewer connection shall be set as low as possible, consistent with state law.
B.
Whenever possible and consistent with proper drainage and minimum state cross-ventilation
requirements, the mobile home shall be positioned by accepted and appropriate grading
practices to improve its setting.
C.
The height limit is two stories. (Prior code §9422(b)(14))
17.40.120 Fences. The planning commission may require that the park property be enclosed by
fence and/or thick screen planting for control of view, light, sound and adequate security. (Prior
code §9422(b)(15))
17.40.130 Signs. Park identification signs shall be subject to architectural review by the planning
department. No flashing or revolving signs will be permitted. Identification signs shall be limited to
one eighty square foot sign per park, not to exceed a height of thirty-five feet above the ground.
Each mobile home park shall maintain an additional directory sign showing the location and house
number of each mobile home unit. Incidental signs may be permitted upon approval by the planning
commission. (Prior code §9422(b)(16))
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199
17.40.140 Garbage disposal. A trash and garbage disposal system shall be installed in compliance
to the regulations of the county health department. (Prior code §9422(b)(17))
17.40.150 Drainage. Developers shall provide adequate drainage facilities to prevent damage by
storms and shall dispose of drainage waters in a natural watercourse. (Prior code §9422(b)(18))
17.40.160 Sewage. Sewage disposal shall be provided in compliance with county health department
requirements. (Prior code §9422(b)(19))
17.40.170 Water. All mobile home parks shall procure water from an approved water facility.
(Prior code §9422 (b)(20))
17.40.180 Fire protection. Prior to construction, the applicant shall confer with the State Division of
Forestry or appropriate local entity and shall provide the installations necessary for protection
against fire pursuant to the Health and Safety Code. (Prior code §9422(b)(21))
17.40.190 Demonstrator homes. Demonstration of model mobile homes shall be permitted as long
as it does not constitute a retail sales yard for mobile homes located off the premises. This is not
intended to prohibit the sale of a single mobile home on an approved site. (Prior code §9422(b)(22))
17.40.200 Occupancy requirements. No mobile home parks shall be occupied until all requirements
of the planning commission, health department, drainage control, director of department of
transportation, building inspection departments and fire protection requirements have been met.
(Ord. 3766 §68, 1987: prior code §9422(b)(23))
17.40.210 Additional requirements. Additional development requirements may be prescribed as
conditions of special use permit approval when the requirements are determined to be necessary to
insure the protection of the character of neighboring properties, the compatibility of land uses and
the health and safety of mobile home park occupants and other county residents. (Prior code
§9422(b)(24))
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El Dorado County Zoning Ordinance
Chapter 17.42
TRANSPORTATION CORRIDOR (TC) DISTRICTS
Sections:
17.42.010
17.42.020
17.42.030
17.42.040
17.42.050
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
17.42.010 Purpose. The purpose of this chapter is to protect and preserve established and proposed
transportation corridors within the county. (Prior code §9431(a))
17.42.020 Applicability. The regulations set forth in Sections 17.42.030 through 17.42.050 shall
apply in TC transportation corridor districts and TTC transportation corridor districts, Lake Tahoe
area and shall be subject to the applicable provisions of Chapters 17.14, 17.16 and 17.18. (Prior
code §9431(b)(part))
17.42.030 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
Streets and highways;
B.
Public transportation facilities and accessory structures;
C.
Bridges, overpasses and undercrossings;
D.
Drainage structures and facilities;
E.
Underground utilities;
F.
Fences (not requiring structural engineering);
G.
Riding, hiking and bicycle trails. (Prior code §9431(b)(1))
17.42.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
Single-family residence;
B.
Harvesting of timber and other forest products;
C.
Grazing;
D.
Structures and uses accessory for uses permitted in the TC districts;
E.
Corrals, pack stations, stables and accessory facilities;
F.
Snowplay areas and accessory facilities;
G.
Off-street parking;
H.
Public and semipublic uses. (Prior code §9431(b)(2))
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201
17.42.050 Development standards. The following provisions shall apply in TC transportation
corridor districts and TTC transportation corridor districts, Lake Tahoe area, unless and until a
variance is obtained from the planning commission or zoning administrator:
A.
Minimum lot area, five acres;
B.
Maximum building coverage, none;
C.
Minimum lot width, one hundred fifty feet;
D.
Minimum setbacks: front, thirty feet; side, ten feet; rear, ten feet, except where property
abuts another zone district, the setback shall be thirty-five feet. (Prior code §9431(c))
E.
Building Height: thirty-five feet (35') Ord. 4236, 1992
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El Dorado County Zoning Ordinance
Chapter 17.44
TIMBERLAND PRESERVE ZONE (TPZ) DISTRICT
Sections:
17.44.010
17.44.020
17.44.030
17.44.040
17.44.050
17.44.060
17.44.070
17.44.080
Purpose.
General provisions.
Uses permitted by right.
Uses requiring special use permit.
Criteria for residential use.
Development standards.
Forest management plan required.
Notice of classification.
17.44.010 Purpose. The regulations set forth in this chapter shall apply only to those lands subject
to the Forest Taxation Reform Act of 1976. (Prior code §9432(A))
17.44.020 General provisions. Lands zoned pursuant to this chapter shall be subject to Chapters
17.14, 17.16 and 17.18. (Prior code §9432(B))
17.44.030 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
Growing and harvesting or forest products, whether planted or of natural growth, standing or
down, on privately owned land, including Christmas trees and including nursery stock for
restocking commercial forest land, but not including nursery stock grown primarily for retail
trade;
B.
Uses, excluding residences, integrally related to the growing, harvesting and processing of
forest products including but not limited to roads, log landings, log storage areas and
temporary camps for employees working on active timber management activities;
C.
Maintenance and repair facilities for trucks and equipment used in the management and
harvesting of timber of the landowner;
D.
Erection, construction, alteration or maintenance of gas, electric, water or communication
transmission facilities following review by the planning commission as may be required by
Chapter 17.18;
E.
Management for watershed;
F.
Management for fish and wildlife habitat;
G.
Noncommercial recreation uses (reasonable fees may be charged for maintenance):
1.
Hunting and fishing in accordance with applicable federal and state law including
Chapter 9.44 of this code,
2.
Day use for picnicking, riding, hiking, and
3.
Temporary camping;
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H.
I.
J.
K.
L.
Mineral resources removal and processing for road building when incidental to and in
conjunction with timber producing and harvesting;
Raising and grazing of livestock, poultry and other animals;
Signs warning against trespass, hunting or shooting on the premises;
Signs indicating the name of the owner, the property and the agricultural products produced
on the premises; provided, that no more than two such signs shall be erected on each parcel
under separate ownership and no such sign shall exceed thirty-two square feet in area;
Sale of products produced on the premises. (Ord. 3606 §57, 1986: prior code §9432(C))
17.44.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
Commercial mineral resources removal and processing when not incidental to timber
production and harvesting;
B.
Permanent structure for the processing and packaging of agricultural and timber products and
the necessary support facilities required therefor;
C.
Gas and oil wells and/or exploration therefor;
D.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
E.
Heliports and their accessory uses and structures;
F.
Such additional uses which in the opinion of the planning commission are compatible with
the production and harvesting of timber. Comments shall be solicited from the agricultural
commission. (Prior code §9432(D))
17.44.050 Criteria for residential use.
A.
Residential use of timberland is in general inconsistent with growing and harvesting of
timber. However, it is recognized that in certain situations such as intensively managed minimum size acreages, nurseries, etc., in private ownership, living quarters and outbuildings are
necessary in connection with the management and protection of the property. Therefore, by
recommendation of the agricultural commission acknowledging that three consecutive years
of intensive management of his lands have been shown by the landowner, the zoning
administrator may grant a special use permit for construction of one owner or caretaker
occupied single-family detached dwelling or a mobile home on an approved foundation.
B.
The following criteria will aid the agricultural commission in determining what constitutes
intensive management and must be in any case considered in granting a special use permit
for a residence.
C.
Where a landowner has:
1.
A timber inventory of his stand;
2.
Conducted commercial harvesting operations;
3.
Provided legal and physical access to his property so commercial operations can be
carried out;
4.
Made a reasonable effort to locate the boundaries of the property and has attempted
to protect his property against trespass;
5.
Conducted disease or insect control work;
6.
Performed thinnings, slash disposal, pruning and other appropriate silvicultural work;
7.
Developed a fire protection system or has a functioning fire protection plan;
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El Dorado County Zoning Ordinance
8.
9.
Provided for erosion control on existing roads and skid trails and has maintained
existing roads;
Planted a significant portion of the understocked areas of his parcel. (Ord. 3153 §1,
1981: prior code §9432(E))
17.44.060 Development standards. The following area and building regulations shall apply in TPZ
districts unless a variance is first obtained from the planning commission or zoning administrator:
A.
Minimum parcel area:
1.
Any use permitted in Sections 17.44.040 or 17.44.050 shall be allowed on any
existing parcel of record as of October 12, 1976,
2.
Any use permitted in Sections 17.44.040 or 17.44.050 shall be allowed on a parcel of
not less than one hundred sixty contiguous (as defined in Section 51100(b) of Article
7, Chapter 6.7 of the Government Code) acres or the equivalent of a quarter of a
section or sections within which the parcel is located, whichever is less, where the
parcel is created after October 12, 1976;
B.
Minimum setback, one hundred feet on any side;
C.
Maximum building height shall not exceed fifty feet, nor shall buildings exceed any
applicable height restrictions imposed by airport approach districts. (Ord. 3452 §1, 1984:
prior code §9432(F))
17.44.070 Forest management plan required. Parcels which meet the criteria set forth in subsection
B of this section shall be eligible for inclusion in the timberland preserve zone.
A.
The applicant shall submit a map annotated to show the legal description on the assessor's
parcel map of the property to be zoned, together with a copy of the owner's deed.
B.
The applicant has submitted a plan for forest management for the property prepared or
approved as to content by a professional forester registered in the state.
The forest management plan will include a discussion and recommendations on at least the
following:
1.
Commercial harvesting, a history of past operations and recommendations for the
future;
2.
Provisions for legal and physical access to the property so commercial operations can
be carried out;
3.
A reasonable attempt to locate the boundaries of the property and attempts to protect
his property against trespass;
4.
Disease or insect control work;
5.
Thinnings, slash disposal, pruning and other appropriate silvicultural work;
6.
A fire protection plan including a fuels management program;
7.
Erosion control on existing roads and skid trails and maintenance of existing roads;
8.
Planting of a significant portion of the understocked areas of his land.
C.
The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of
the Public Resources Code and the forest practice rules adopted by the State Board of
Forestry for the district in which the parcel is located or the owner must sign an agreement
with the board of supervisors to meet the stocking standards and forest practice rules by the
fifth anniversary of the signing of the agreement. If the parcel is subsequently zoned as
timberland preserve, then failure to meet the stocking standards and forest practice rules
within this time period provides the board of supervisors with a ground for rezoning the
parcel.
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D.
The owner shall continuously comply with at least six of the criteria required in the forest
management plan in order to continue to be eligible for the timberland preserve zone. (Prior
code §9432(G))
17.44.080 Notice of classification. Within ten days of final action to include within or delete
(rezone) from any timberland preserve zone, the clerk of the board of supervisors shall cause to be
recorded an instrument which will serve as constructive notice to prospective buyers of the zoning
action. (Prior code §9432(H))
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El Dorado County Zoning Ordinance
Chapter 17.46
MINERAL RESOURCE (MR) DISTRICTS
Sections:
17.46.010
17.46.020
17.46.030
17.46.040
17.46.050
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
17.46.010 Purpose. The purpose of the MR districts is to provide for the orderly development and
protection of lands containing mineral resources and to provide for the protection from
encroachment of unrelated and incompatible land uses tending to have adverse effects on the
development or use of these so designated lands. (Prior code §9437(a))
17.46.020 Applicability. All lands contained within mineral resource districts (MR) shall be subject
to the regulations of this chapter as well as the provisions of Chapters 8.36, 17.14, 17.16 and 17.18.
(Prior code §9437(b))
17.46.030 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse, boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house, not for rent or lease, and not to an existing dwelling. No guest
house shall contain kitchen facilities;
B.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, engineer, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations conducted on the
premises or by mail or telephone where the activities do not create a traffic problem;
provided, that instruction is not given to groups in excess of four and concerts or recitals are
not held, and no display of goods is visible from the outside of the property; such use must
be carried on in the residence and be incidental to the residential use of the premises and be
carried on by a resident thereon;
C.
Two unlighted signs in view of the public roadway, not exceeding twelve square feet of
display area on any one sign, and not more than twenty-four square feet total display area,
and not more than twelve feet above ground level, advertising authorized agriculture
activities on the premises;
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D.
E.
F.
G.
H.
I.
Prospecting for, and the extraction of, minerals for commercial purposes and the removal of
overburden in total amounts of less than one thousand cubic yards on any parcel where the
excavation will not create significant erosion and/or pollution;
Raising and grazing of livestock and other domestic animals;
Growing and harvesting of trees, fruits, vegetables, flowers, grains and other crops;
Packing and processing of agricultural products produced on the premises without changing
the nature of the products;
Sale on the premises of products produced thereon;
Any structure or use incidental or accessory to any of the foregoing uses, including the
drilling of water wells. (Ord. 3606 §58, 1986: Ord. 3364 §39, 1983; prior code §9437(c))
17.46.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Mining, quarrying, excavating, concentrating, exploring, drilling, processing and stockpiling
of rock, sand, gravel, decomposed granite, lignite, coal, clay, gypsum, limestone, metallic
ores, nonmetallic ores, hydrocarbons and similar materials, and the reclamation of resultant
excavations with inert materials in accordance with recognized standards and requirements
of public agencies responsible for public health, fire, safety and the protection of water
resources;
B.
Exploring, drilling, storing and transporting of gas, oil and other hydrocarbons;
C.
Using wells, pumps, compressors, condensate separators, pipelines, field storage tanks,
refineries and their related facilities necessary to production and transportation of oil, gas and
other hydrocarbons and their products;
D.
Constructing and using rock crushing plants, aggregate washing, screening and drying
facilities and equipment, and concrete batching plants;
E.
Constructing and using ore reduction plants and plants for processing and manufacturing of
mineral-related products;
F.
Retail and wholesale distributing of materials produced on site and accessory uses including:
1.
Garaging and/or parking of trucks and equipment in present use in the operation,
2.
Storage of materials and machinery in present use in the operation,
3.
Scales and weighing equipment,
4.
Offices and maintenance shop structures,
5.
Residences for caretakers or watchpersons and their families; provided, that there
shall be no more than one residence per forty acres or one residence per preexisting
parcel of less than forty acres;
G.
The packing and processing of agricultural or wood products and the necessary buildings and
structures required therefor where the nature of the product is changed;
H.
The commercial slaughtering of animals;
I.
The deposition onto land, into the atmosphere, or into water, of solid waste as defined by
Public Resources Code Section 40191, as from time to time amended, or the operation of a
solid waste facility as defined by Public Resources Code Section 40194, as from time to time
amended, or the operation of a load screening program as required by applicable state law, or
the operation of a household hazardous waste collection program as required by applicable
state law;
J.
The construction of fire stations and public utility buildings;
K.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18. (Ord. 4169 §3, 1991: prior code §9437(d))
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El Dorado County Zoning Ordinance
17.46.050 Development standards. The following area and building provisions shall apply unless a
variance is obtained from the planning commission:
A.
Minimum parcel size:
1.
The minimum size for parcels to be included in the MR zone is ten acres, with the
exception of patented and/or historical mines for which there is not minimum,
2.
The minimum size for parcels to be created in the MR zone is ten acres;
B.
Minimum lot width, three hundred thirty feet;
C.
Minimum yard setbacks:
1.
Residential uses, front and rear yards, sixty feet (60'); side yards, thirty feet (30'),
except the side yard shall be increased one foot for each additional foot of building
height in excess of twenty-five feet (25'). (Ord. 4236, 1992)
2.
Mining and agricultural structural uses, fifty feet on all yards,
3.
Setbacks shall be a minimum of twenty-five feet from the public road right-of-way
and ten feet from the side and rear property lines in which no disturbance of existing
terrain shall occur;
D.
Height limitation, buildings and structures shall not exceed thirty-five feet (35') in height
from the ground floor except that water tanks, head frames and mill buildings, silos,
granaries, barns and similar structures or necessary mechanical appurtenances may exceed
thirty-five (35') feet in height; provided they do not violate the height regulations imposed by
any AA airport approach districts; (Ord. 4236, 1992)
E.
Maximum building coverage, none;
F.
Minimum dwelling unit size, six hundred square feet. (Prior code §9437(e))
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(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.48
RECREATIONAL FACILITIES (RF) ZONE
Sections:
17.48.010
17.48.020
17.48.030
17.48.040
17.48.050
17.48.060
-17.48.070
Purpose.
Recreation district defined.
General provisions.
Uses permitted by right.
Uses requiring site plan approval.
Uses requiring special use permit.
Development standards.
17.48.010 Purpose. The purpose of the recreational facilities zone is to provide for the orderly
development and maintenance of lands and areas suitable and desirable for recreational pursuits and
to protect them from the encroachment of unrelated uses having an adverse effect to this resource.
(Prior code §9433(a))
17.48.020 Recreation district defined. For the purposes of this chapter, the definition of a recreation
district shall be as follows:
Land and water areas which can accommodate one or more public recreation activities and/or public
service facilities without causing irreversible changes to soil, vegetation, air, water, aesthetic values
and human resources. (Prior code §9433(b))
17.48.030 General provisions. Recreation districts shall be subject to the applicable provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9433(c))
17.48.040 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
Raising and grazing of domestic farm animals and the cultivation of tree and field crops;
B.
Any structure or use incidental or accessory to any of the foregoing uses;
C.
Drilling of wells and excavation of earth exclusively for authorized purposes on that parcel
subject to the county grading ordinance;
D.
Local underground distribution lines for public utilities. (Prior code §9433(d))
17.48.050 Uses requiring site plan approval. The following uses are allowed without special use
permit or variance but only after obtaining approval of a complete site plan including architectural
detail, when requested, from the planning director, who shall act thereon within fifteen days after
submittal of the required plans. If the applicant is not satisfied with the actions or conditions
initiated by the planning director, a review may be requested by the planning commission which
shall hear the appeal within thirty days of request by the applicant:
El Dorado County Zoning Ordinance
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211
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
Picnic areas;
Ball fields and courts;
Public utilities structures or overhead lines;
Playgrounds;
Golf courses, golf carts permitted;
Swimming pools;
Snowplay areas, nonmotorized;
Stables;
Riding and hiking trails;
Lakes and marinas for nonpower craft, nonmotorized;
Fishing and hunting, farms or facilities or clubs (for non-firearm use), electric trolling motors
permitted;
Other such similar uses and accessory structures as determined by the planning director
following the general guidelines that all uses allowed by right shall be for day use only and
will not be operated after dark or require lighting and that they will be of such a design and
nature that not more than fifty people will be accommodated by the facility at any one time;
One unlighted sign not exceeding sixteen square feet in area and twelve feet above ground
level, advertising authorized activities on the premises;
Reserved;
Parking and processing of agricultural products produced on the premises without changing
the nature of the products. (Ord. 3606 §59, 1986: prior code §9433(e))
17.48.060 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit from the planning commission or zoning administrator:
A.
Any dwellings, campgrounds, cabins, recreational vehicle parks, dormitories or mobile home
units (mobiles not to exceed two in number for the use of owner, operator and/or caretaker);
(Ord. 4376, 1995)
B.
Eating and drinking establishments, clubs and places of entertainment when fully enclosed
within a building with no outside storage or display of goods;
C.
Amusement parks;
D.
Recreational uses designed for motorized vehicles or firearms use;
E.
Any recreational use such as those enumerated in Section 17.48.050 which by their nature or
design will operate after daylight hours or are designed for overnight use or will create a
nuisance beyond the confines of the property or are designed for the use of more than fifty
people at any one time or will produce or create visual or other modifications that are
inconsistent with the surrounding environment. (Prior code §9433(f))
F.
Any use of property adjoining the streams and rivers specified in subsection (c) of section
5.48.030 for ingress or egress into or from such stream or river, or for other day or camping
use, other than for the personal and noncommercial use of the property owner or lessee.
(Ord. 4226, 1992)
17.48.070 Development standards. The following provisions shall apply in all recreational districts
unless and until a variance is obtained from the planning commission or zoning administrator:
A.
Minimum lot area, five acres;
B.
Minimum lot width, three hundred feet;
C.
Minimum yards: front, fifty feet; sides, fifty feet; rear, fifty feet or one hundred feet each
when adjacent to a National Forest. (Ord. 4236, 1992)
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El Dorado County Zoning Ordinance
D.
E.
F.
G.
Maximum building height, thirty-five feet (35') (Ord. 4236, 1992);
Minimum single-family residential dwelling unit area, six hundred square feet of living area;
Minimum dwelling unit area for rent, lease, transient use, four hundred square feet of living
area. (Prior code §9433(g))
Maximum density of campgrounds, recreational vehicle parks, cabins and dormitories shall
be seven (7) units per acre in the rural regions as identified in the County General Plan, and
twelve (12) units per acre in community regions and rural centers. Units shall be defined as
individual campsites, RV spaces, dormitory rooms or cabins. (Ord. 4376, 1995)
El Dorado County Zoning Ordinance
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(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.50
PLANNED DEVELOPMENT (PD) DISTRICTS
Sections:
17.50.010
17.50.020
17.50.030
17.50.040
17.50.050
Applicability.
Purpose.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
17.50.010 Applicability. The regulations set forth in this chapter shall apply in all PD planned
development districts. (Ord. 3213 §1(part), 1981: prior code §9436(part))
17.50.020 Purpose. The purpose of PD districts is:
A.
To allow use of modern planning and development techniques, effect more efficient
utilization of land and to allow flexibility of development;
B.
To aid in the reduction of development costs, and to provide for a combination of different
land uses which complement each other but which may not in all aspects conform to the
existing zoning regulations;
C.
To encourage a more efficient use of public and/or private services;
D.
The location of an acceptable planned development land use does not, nor is it intended to
create further commercial, residential, agricultural or industrial development within the area
surrounding the planned development zone;
E.
It is the intent of this chapter to regulate condominium conversions as well and condominium
projects as defined by Civil Code Section 783. (Ord. 3213 §1(part), 1981: prior code
§9436(1))
17.50.030 Uses permitted by right. Only the following uses are allowed by right:
A.
All uses permitted by the development plan which may be approved pursuant to the
provisions of Chapters 17.02 and 17.04. Such uses shall be consistent with land uses
established through land use elements of the general plan.
B.
The permitted uses, when the PD is used in combination with other zones, will be limited to
those listed within the basic zone with which the PD zone is combined. (Ord. 3213 §1(part),
1981: prior code §9436(2))
17.50.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Such uses as may be approved pursuant to an amended development plan as provided for in
Chapters 17.02 and 17.04. (Ord. 3213 §1(part), 1981: prior code §9436(3))
El Dorado County Zoning Ordinance
(Revised December 2009)
215
17.50.050 Development standards. The following requirements shall apply to all PD districts:
A.
Those requirements as contained in the development plan approved by the board of
supervisors;
B.
Parking requirements:
1.
Two spaces per dwelling unit,
2.
Other parking requirements as provided by Chapter 17.18;
C.
Such other requirements as are contained in Chapters 17.14, 17.16 and 17.18. (Ord. 3213
§1(part), 1981: prior code §9436(4))
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El Dorado County Zoning Ordinance
Chapter 17.52
MOBILE HOMES
Sections:
17.52.010
17.52.020
17.52.030
17.52.040
Purpose.
Uses permitted by right.
Temporary mobile homes.
Conditions of entitlement.
17.52.010 Purpose. The purpose of this chapter is to regulate the placement of mobile homes within
the unincorporated portions of El Dorado County. A "mobile home" is defined in Title 15.64 of this
code. (Ord. 3606 §2(part), 1986)
17.52.020 Uses permitted by right. Notwithstanding any other provision of this title, the following
uses shall be allowed by right:
A.
1.
In all zones which permit single-family residences by right, there shall be permitted
the placement of one mobile home per parcel in lieu of such other single-family
residence, as defined by Chapter 15.64, or
2.
Alternatively, there shall be permitted the placement of one mobile home per parcel
in lieu of such other single-family residence where the mobile home was constructed
prior to June 15, 1976, was located and used on the subject parcel as a residence on
or before March, 1985, met all regulations pertaining to the placement of mobile
homes in effect at the time of installation. If a new mobile home replaces an existing
mobile home, it shall meet the requirements of subsection A1 of this section;
B.
One mobile home or travel trailer may be placed on a site for the purpose of habitation while
and during the construction of an authorized main dwelling; provided an occupancy permit is
obtained from the building division for the mobile home or travel trailer and a valid dwelling
permit is in effect;
C.
One or more commercial coach(es) to be used exclusively as an office for contractors
engaged in construction projects but only during the course of construction of the project
where a valid building permit has been obtained and remains active. The commercial coach
must be located on the same property as the construction project. (Ord. 3606 §2 (part),
1986)
17.52.030 Temporary mobile homes. In addition to any permanent dwelling unit or permanently
installed mobile home, a temporary mobile home may be granted allowing additional residential uses
or housing for a limited period of time as per Section 17.52.040. A temporary mobile home(s) may
be authorized by the community development director or authorized representative where
appropriate findings are found to exist.
El Dorado County Zoning Ordinance
(Revised December 2009)
217
The following uses may be permitted upon approval of a temporary permit:
A.
One mobile home for use by the owner or members of the family to prevent the dislocation
of family members and/or to allow for in-home care of family members;
B.
One mobile home for use by a caretaker where the purpose of the caretaker is to assist the
elderly or handicapped homeowner(s) in the care and protection of their property. The site
must consist of a minimum of one acre and the elderly or handicapped homeowner(s) must
reside on the site;
C.
In commercial and industrial zone districts as well as for public and semipublic schools and
churches, one (only) mobile home or other habitable vehicle placed on a parcel or contiguous
parcels in common ownership for the purpose of providing housing for caretakers or
watchmen. Finding of necessity may be based on, but not necessarily limited to, the
following factors:
1.
Value and portability of goods and/or equipment stored on the property,
2.
The applicant's past experience with loss of goods and/or equipment. Sheriff's
records shall be submitted with the applicant's request,
3.
Precautionary measures taken by the applicant to prevent loss or vandalism,
4.
Practicality of permanent facilities;
D.
One or more mobile homes for housing agricultural employees and their immediate families;
provided, that the agricultural commission advises in writing that the site and the activity
satisfies three of the four criteria established by the county to qualify as an agricultural preserve. Agricultural employees are those persons hired to carry on agricultural pursuits on the
premises. (Ord. 3606 §2(part), 1986)
17.52.040 Conditions of entitlement.
A.
The temporary permit shall be for no more than a two-year period and the applicant may
apply for additional two-year extensions.
B.
The decision to grant the temporary permit shall be made by the community development
director or authorized representative which decision shall be final unless appealed to the
planning commission within ten calendar days.
C.
An application for a temporary permit as provided for in this section shall be accompanied
by a filing fee in an amount set by resolution by the board of supervisors and any other
information deemed necessary by the community development director in order to make a
decision on the application.
D.
Such temporary permit shall expire if the temporary residence is removed from the property
or if the residence is no longer occupied (ninety-day period) by a qualifying occupant.
E.
The applicant must comply with all other statutes and ordinances relating to zoning
development criteria, health and building codes.
F.
The applicant shall sign an agreement that at the conclusion of the permit or the violation
thereof, the second residence shall be removed from the property or placed in permanent
storage pursuant to Section 15.64.060, the county may be authorized to remove the residence
and record a lien on the property for the cost thereof. Such agreement may be recorded.
(Ord. 3606 §2(part), 1986)
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III. LAKE TAHOE BASIN LAND USE ZONING
III. LAKE TAHOE BASIN LAND USE ZONING
Chapter 17.54
UNCLASSIFIED DISTRICTS
Sections:
17.54.01
17.54.020
17.54.030
17.54.040
17.54.050
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
17.54.010 Purpose. The purpose of the TU districts is to provide for a nominal reservation of use,
yet afford protection from encroachment of unrelated uses tending to have an adverse effect on the
orderly and homogeneous development of the area. (Prior code §9500(a))
17.54.020 Applicability. The regulations set forth in this chapter shall apply in TU unclassified
districts and shall be subject to the applicable provisions of Chapters 17.14, 17.16 and 17.18. (Prior
code §9500(b))
17.54.030 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
Single-family detached dwelling:
1.
Accessory uses and structures;
B.
Agricultural uses:
1.
Accessory buildings and structures;
C.
One unlighted sign not to exceed twelve square feet message area advertising activities on
the premises;
D.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four, and concerts or recitals are not held, and
no display of goods is visible from the outside of the property; such use must be carried on in
the main building and be incidental to the residential use of the premises and be carried on
by a resident thereon. (Prior code §9500(c))
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17.54.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
All other buildings, structures, signs, uses or expansion thereof. (Prior code §9500(d))
17.54.050 Development standards. The following provisions shall apply in all TU unclassified
districts unless a variance is obtained from the planning commission:
A.
Minimum lot area, eight thousand square feet when the lot is served with both public water
supply and sewerage system; ten thousand square feet when either the proposed water supply
is a well located on the same property or the proposed sewerage disposal is a septic tank
located on the same property; twenty thousand square feet when the proposed water supply is
a well and the proposed sewerage disposal system is a septic tank and both are located on the
property;
B.
Maximum lot coverage, none;
C.
Minimum lot width, sixty feet;
D.
Minimum yard setbacks: front, twenty feet; sides, five feet; rear, fifteen feet;
E.
Maximum building height, forty feet (40"); (Ord 4236, 1992)
F.
Minimum dwelling unit area, six hundred square feet. (Prior code 9500(e))
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Chapter 17.56
RESIDENTIAL DISTRICTS
Sections:
I.
ONE-FAMILY RESIDENTIAL (TR1) DISTRICTS
17.56.010
17.56.020
17.56.030
17.56.040
II.
ONE-ACRE RESIDENTIAL (TR1A) DISTRICTS
17.56.050
17.56.060
17.56.070
17.56.080
III.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
MULTIFAMILY RESIDENTIAL (TRM) DISTRICTS
17.56.130
17.56.140
17.56.150
17.56.160
V.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
LIMITED MULTIFAMILY RESIDENTIAL (TR2) DISTRICTS
17.56.090
17.56.100
17.56.110
17.56.120
IV.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
TAHOE ESTATE RESIDENTIAL (TRE) DISTRICTS
17.56.170
17.56.180
17.56.190
17.56.200
17.56.210
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
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221
VI.
TOURIST RESIDENTIAL (TRT) DISTRICTS
17.56.220
17.56.230
17.56.240
17.56.250
VII.
SINGLE-FAMILY TWO-ACRE RESIDENTIAL (TR2A) DISTRICTS
17.56.260
17.56.270
17.56.280
17.56.290
17.56.300
VIII.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
ONE-HALF ACRE RESIDENTIAL (TR-20,000) DISTRICTS
17.56.310
17.56.320
17.56.330
17.56.340
17.56.350
IX.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
SINGLE-FAMILY THREE-ACRE RESIDENTIAL (TR3A) DISTRICTS,
LAKE TAHOE AREA
17.56.360
17.56.370
17.56.380
17.56.390
17.56.400
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
I. ONE-FAMILY RESIDENTIAL (TR1) DISTRICTS
17.56.010 Applicability. The regulations set forth in Sections 17.56.020 through 17.56.040 shall
apply in all TR1 one-family residential districts, and shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9501(part))
17.56.020 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One-family detached dwelling;
B.
Renting of not more than one room;
C.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four, and concerts or recitals are not held, and
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D.
E.
F.
G.
H.
no display of goods is visible from the out- side of the property; such use must be carried on
in the main building and be incidental to the residential use of the premises and be carried on
by a resident thereon;
Public utilities distribution lines;
Public parks;
One unlighted sign not exceeding six square feet in area, advertising authorized activities on
the premises;
Excavation of earth and drilling of wells exclusively for residential purposes;
Noncommercial accessory uses and buildings, including one swimming pool, one garage,
one boathouse, one stable (Provided the stable is located on a lot of one acre or more). (Prior
code §9501(a))
17.56.030 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Schools, noncommercial playgrounds, cemeteries and golf courses;
B.
Nonprofit membership clubs and associations;
C.
Public utilities buildings and structures other than distribution and transmission lines;
D.
Real estate office on or adjacent to properties for sale or fronting a road directly leading
thereto, for the exclusive sale of the property;
E.
Place of worship;
F.
Airports, heliports and their accessory uses and structures;
G.
Home occupations not listed in subsection C of Section 17.56.020 which require special
consideration, such as use of power tools, accessory building, noise and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area.
H.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §4, 1989; prior
code §9501(b))
17.56.040 Development standards. The following provisions shall apply in TR1 districts, unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, seven thousand square feet when the lot is served with public water
supply and sewage system; ten thousand square feet when either the proposed water supply
is a well located on the lot, or the proposed sewage disposal system is a septic tank located
on the lot; twenty thousand square feet when the proposed water supply is a well and the
proposed sewage disposal system is a septic tank, both located on the lot;
B.
Maximum lot coverage, thirty-five percent (including accessory buildings);
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, twenty feet (20'); except a second story cantilevered living space
may project not more than four feet (4') into the required front yard; sides, five feet (5'); rear,
fifteen feet (15'); (Ord. 4236, 1992)
E.
Maximum building height, forty feet (40'); (Ord. 4236, 1992)
F.
Minimum dwelling unit area, six hundred square feet and two rooms; two hundred square
feet for each additional bedroom. Minimum dwelling unit area provisions are not applicable
to additions to existing dwellings. (Prior code §9501(c))
El Dorado County Zoning Ordinance
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223
II. ONE-ACRE RESIDENTIAL (TR1A) DISTRICTS
17.56.050 Applicability. The regulations shall apply to all TR1A districts and TR1A districts shall
be subject to the provisions of Chapters 17.14, 17.16 and 17.18. No building or structure shall be
erected, structurally altered or enlarged, nor shall any building, structure or land be used except as
set forth in Sections 17.56.060 through 17.56.080. (Prior code §9502(part))
17.56.060 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One-family detached dwelling, one guest house, during the period of construction of a
permanent dwelling on the property, but not to exceed a period of one year; renting of not
more than one room;
B.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four and concerts or recitals are not held, and
no display of goods is visible from the outside of the property, such use must be carried on in
the main building and be incidental to the residential use of the premises and be carried on
by a resident thereon;
C.
Drilling of wells or excavation of earth exclusively for residential purposes;
D.
Public park or playground, golf course;
E.
One stable;
F.
One unlighted sign not over six square feet. (Prior code §9502(a))
17.56.070 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Place of worship;
B.
Academic school; nonprofit membership club or association; cemetery;
C.
Real estate office on or adjacent to properties for sale or fronting a road directly leading
thereto, for the exclusive sale thereof;
D.
Public utility structure;
E.
Airports, heliports and their accessory uses and structures;
F.
Home occupations not listed in subsection B of Section 17.56.060 which require special
consideration, such as use of power tools, accessory building, noise, and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
G.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §5, 1989; prior
code §9502(b))
17.56.080 Development standards. The following area and building regulations shall apply to
TR1A districts unless a variance is first obtained from the planning commission:
A.
Minimum parcel area, one acre;
B.
Minimum parcel area per dwelling unit, same as subsection A of this section;
C.
Maximum building coverage, thirty-five percent;
D.
Minimum parcel width, one hundred feet;
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E.
F.
G.
Minimum yards: front, thirty feet (30'), except a second story cantilevered living space may
project not more than four feet (4') into the required front yard; sides, fifteen feet (15' ),
except the side yard shall be increased one foot for each additional foot of building height in
excess of twenty-five feet (25'); rear, thirty feet (30'); stable (front), thirty feet (30'), sides,
thirty feet (30'); rear, thirty feet (30'); (Ord. 4236, 1992)
Maximum building height, forty feet (40'); (Ord. 4236, 1992)
Minimum dwelling unit area, six hundred s quare feet and two rooms plus two hundred
square feet for each additional bedroom. (Prior code §9502(c))
II. LIMITED MULTIFAMILY RESIDENTIAL (TR2) DISTRICTS
17.56.090 Applicability. The regulations set forth in Sections 17.56.020 through 17.56.120 shall
apply in all TR2 lim ited multifamily residential districts and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9503(part))
17.56.100 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use allowed by right in TR1 single-family residential zone;
B.
Multiple-family dwellings up to a maximum of eight dwelling units per structure;
roominghouse and boardinghouse;
C.
Accessory use and structure;
D.
On unlighted sign not exceeding twelve square feet in area, advertising authorized activities
on the premises. (Prior code §9503(a))
17.56.110 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in TR1 single-family residential zones;
B.
Place or worship;
C.
Business, trade or nursery school, library, professional or business office;
D.
Commercial membership club and association;
E.
Hospital, sanitarium, or clinic; (Ord. 4683 §2, 2005)
F.
Airports, heliports and their accessory uses and structures;
G.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §6, 1989: prior
code §9503(b))
17.56.120 Development standards. The following provisions shall apply in all TR2 districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, seven thousand square feet,but no less than two thousand square feet for
each dwelling unit;
B.
Maximum building coverage, fifty percent of the lot, including accessory structures;
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, twenty feet (20' ), except a second story cantilevered living space
may project not more than four feet (4') into the required front yard; sides, five feet (5'); rear,
fifteen feet (15' ); between separate buildings, ten feet (10' ); access court to a group of
buildings, twenty feet (20') in width; (Ord. 4236, 1992)
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225
E.
F.
Maximum building height, forty feet (40'); (Ord. 4236, 1992)
Minimum dwelling unit area, four hundred square feet. (Prior code §9503(c))
IV. MULTIFAMILY RESIDENTIAL (TRM) DISTRICTS
17.56.130 Applicability. The regulations set forth in Sections 17.56.140 through 17.56.160 shall
apply in all TRM multifamily residential districts and shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9504(part))
17.56.140 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use allowed by right without special use permit or variance in TR2 limited multifamily
residential districts;
B.
Multifamily dwellings without limit on the number of units;
C.
One unlighted sign, not exceeding twelve square feet in area, advertising authorized
activities on the premises. (Prior code §9504(a))
17.56.150 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in TR2 limited multifamily residential districts;
B.
Place of worship;
C.
Airports, heliports and their accessory uses and structures;
D.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §7, 1989: prior
code §9504(b))
17.56.160 Development standards. The following provisions shall apply in all TRM districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, seven thousand square feet, but not less than two thousand square feet per
dwelling unit up to six dwelling unit structures; and one thousand square feet for each
dwelling unit in excess of six;
B.
Maximum building coverage, fifty percent of the lot, including accessory structures;
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, twenty feet; except a cantilevered living space may project not more
than four feet (4') into the required front yard; sides, five feet (5'); rear, ten feet (10');
between separate buildings, ten feet (20'); access court to a group of buildings, twenty feet
(20') in width; all yard requirements in this subsection shall be increased by five feet (5') for
each ten feet (10') of building height, or portion thereof in excess of twenty-five feet (25');
(Ord. 4236, 1992)
E.
Maximum building height, fifty feet (50');
F.
Minimum dwelling unit area, four hundred square feet. (Prior code §9504(c))
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V. TAHOE ESTATE RESIDENTIAL (TRE) DISTRICTS
17.56.170 Purpose. The purpose of the TRE districts is to provide for the orderly development of
land having sufficient space and natural conditions compatible to minor horticultural and agricultural
pursuits and to provide for the protection from encroachment of unrelated uses tending to have
adverse effects on the development of the area. (Prior code §9505(a))
17.56.180 Applicability. The regulations set forth in Sections 17.56.190 through 17.56.210 shall
apply in all TRE Tahoe estate residential districts and shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9505(b))
17.56.190 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One-family detached dwelling:
1.
The renting of one room within the dwelling,
2.
Guest house, not to exceed four hundred square feet as an accessory use to an
existing dwelling,
3.
Accessory use and structures including, but not limited to garage, swimming pool,
pumphouse, boathouse,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four,
and concerts or recitals are not held, and no display of goods is available from the
outside of the property, such use must be carried on in the main building and be
incidental to the residential use of the premises and be carried on by a resident
thereon;
B.
Raising and grazing of livestock and other animals and growing of trees, fruits, vegetables,
flowers, grains and other crops for personal needs; providing, that such is of an accessory
nature and not a nuisance to adjacent properties;
C.
Any structure or use incidental or accessory to any of the foregoing uses;
D.
One unlighted sign or billboard not exceeding six square feet in area, advertising products
from or activities on the premises. (Prior code §9505(c))
17.56.200 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Place of worship;
B.
Public or private school exclusive of business and trade school, noncommercial playground,
cemetery, golf course;
C.
Nonprofit membership club and association;
D.
Real estate office on or adjacent to properties for sale or fronting a road directly leading
thereto, for the exclusive sale of the properties;
E.
Public utility structure;
F.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
G.
Airports, heliports, landing strips and their accessory uses and structures;
El Dorado County Zoning Ordinance
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227
H.
I.
Home occupations not listed in subsection A4 of Section 17.56.190 which require special
consideration, such as use of power tools, accessory building, noise and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §8, 1989: prior
code §9505(d))
17.56.210 Development standards. The following provisions shall apply in all TRE Tahoe estate
residential districts unless and until a variance is obtained from the planning commission:
A.
Minimum lot area, five acres;
B.
Maximum building coverage, none;
C.
Minimum lot width, one hundred fifty feet;
D.
Minimum yards: front, twenty feet (20'); sides, ten feet (10'), except the side yard shall be
increased one foot for each additional foot of building height in excess of twenty-five feet
(25'); rear, fifteen feet (15'); agricultural structure: front , fifty feet (50'); sides, fifty feet
(50'); rear, fifty feet (50'); (Ord. 4236, 1992)
E.
Maximum building height, forty-five feet (45'); (Ord. 4236, 1992)
F.
Minimum dwelling unit area, six hundred square feet and two rooms; two hundred square
feet for each additional bedroom. (Prior code §9505(e))
VI. TOURIST RESIDENTIAL (TRT) DISTRICTS
17.56.220 Applicability. The regulations set forth in Sections 17.56.230 through 17.56.250 and
shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18. (Prior code §9506(part))
17.56.230 Uses permitted by right. The following uses are allowe d by right without special use
permit or variance:
A.
Any use allowed by right in TRM multifamily residential zones;
B.
Multiple-family dwellings, with no limitation on number of units; cottage courts and motels;
C.
Accessory uses and structures, not including eating and drinking establishment, store, service
station or similar commercial use or structure;
D.
One sign not exceeding eighty square feet in area, advertising authorized activities on the
premises. (Prior code §9506(a))
17.56.240 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in TRM multifamily residential zones;
B.
Hospital, sanitarium, clinic, mortuary; (Ord 4683 §2, 2005)
C.
Hotel, eating and drinking establishment if accessory to a motel or hotel;
D.
Mobile home park;
E.
Fire station;
F.
Airports, heliports and their accessory uses and structures. (Prior code §9506(b))
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17.56.250 Development standards. The following provisions shall apply in all TRT districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, seven thousand square feet, but not less than one thousand square feet for
each dwelling or rental unit located on the first and second story, and seven hundred fifty
square feet for each dwelling or rental unit located on the third story and above;
B.
Maximum building coverage, fifty percent of the lot, including accessory structures;
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, twenty feet (20'); sides, five feet (5'); rear, ten feet (10'); between
separate buildings, ten feet (10'); access court to a group of buildings, twenty (20') feet in
width; all yard requirements set forth in this subsection shall be increased by five feet (5') for
each ten feet (10') of building height, or portion thereof, in excess of twenty feet (20'); (Ord.
4236, 1992)
E.
Maximum building height, fifty feet;
F.
Minimum dwelling unit area, four hundred square feet. (Prior code §9506(c))
VI. SINGLE-FAMILY TWO-ACRE RESIDENTIAL (TR2A) DISTRICTS
17.56.260 Purpose. The purpose of the TR2A districts is to provide for the orderly development of
suburban single-family residential land use in areas having sufficient space and natural conditions
compatible to enable residents engaging in limited horticultural and agricultural pursuits in keeping
with conditions conducive to a desirable low density suburban environment and to provide for and
protect from the encroachment of unrelated uses tending to have an adverse effect on the
development of the area. (Prior code §9514(a))
17.56.270 Applicability. The regulations set forth in Sections 17.56.280 through 17.56.300 shall
apply in TR2A districts and shall be subject to the applicable provisions of Chapters 17.14, 17.16
and 17.18. (Prior code §9514(b))
17.56.280 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One-family detached dwelling:
1.
The renting of one room within the dwelling,
2.
Guest house, not to exceed four hundred square feet as an accessory use to an
existing dwelling;
3.
Accessory use and structures including, but not limited to, garage, swimming pool,
pumphouse, boathouse,
4.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held, and no display of goods is visible from the outside
of the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
El Dorado County Zoning Ordinance
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229
B.
C.
D.
E.
Drilling of wells or excavation of earth exclusively for residential or agricultural purposes on
the premises;
One unlighted sign on the premises, not exceeding six square feet in area, advertising
authorized activities on the premises;
Farm or domestic animal shelter;
The keeping of domestic farm animals for noncommercial purposes and not constituting a
health hazard to adjacent property owners. (Prior code §9514(c))
17.56.290 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Place of worship;
B.
Academic school;
C.
Nonprofit association clubhouse;
D.
Public recreational uses;
E.
Temporary real estate office on properties for sale or fronting a road directly leading thereto,
for the exclusive sale thereof;
F.
Public utility structure;
G.
Airports, heliports and their accessory uses and structures;
H.
Home occupations not listed in subsection A4 of Section 17.56.280 which require special
consideration, such as use of power tools, accessory building, noise and will not change the
residential character of the premises or adversely affect the other uses permitted in a
residential area;
I.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §9, 1989: prior
code §9514(d))
17.56.300 Development standards.
A.
Minimum parcel area, two acres;
B.
Maximum building coverage, none;
C.
Minimum parcel width, one hundred fifty feet;
D.
Minimum yard setbacks: front, thirty feet (30'); sides, twenty feet (20'), except the side yard
shall be increased one foot for each additional foot of building height in excess of twentyfive feet (25'); rear, thirty feet (30'); (Ord. 4236, 1992)
E.
For farm animal shelter, minimum yard setbacks shall be front, fifty feet with thirty feet from
side and rear property line and adjoining residential structures;
F.
Maximum building height, forty-five feet (45'); (Ord. 4236, 1992)
G.
Minimum floor area per dwelling, six hundred feet. (Prior code §9514(e))
VIII. ONE-HALF ACRE RESIDENTIAL (TR-20,000) DISTRICTS
17.56.310 Purpose. The purpose of the TR-20,000 districts is to provide for the orderly
development of single-family residential land having sufficient space and natural conditions to
enable residents to engage in limited horticultural and agricultural pursuits consistent with conditions
conducive to a desirable residential density and environment and to protect from the encroachment
of unrelated uses tending to have an adverse effect on the single-family residential development of
the area. (Prior code §9515(a))
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El Dorado County Zoning Ordinance
17.56.320 Applicability. The regulations set forth in Sections 17.56.330 through 17.56.350 shall
apply in TR-20,000 districts and shall be subject to the applicable provisions of Chapters 17.14,
17.16 and 17.18. (Prior code §9515(b))
17.56.330 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, guest house (not to
exceed four hundred square feet in floor area), garage, swimming pool, pumphouse,
boathouse, storage shed,
2.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four and
concerts or recitals are not held and no display of goods is visible from the outside of
the property, such use must be carried on in the main building and be incidental to
the residential use of the premises and be carried on by a resident thereon;
B.
Drilling of wells for water or excavation of earth exclusively for use on the premises;
C.
One unlighted sign on the premises, not to exceed six square feet of message display area
and a maximum of eight feet in height from ground level, advertising authorized activities
conducted on the premises. (Prior code §9515(c))
17.56.340 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Place of worship;
B.
Academic school;
C.
Nonprofit association clubhouse;
D.
Public recreational uses;
E.
Temporary real estate office on properties for sale, or fronting a road directly leading to
properties for sale for the exclusive sale of the properties;
F.
Public utility structures or uses;
G.
Home occupations not listed in subsection A2 of Section 17.56.330 which require special
consideration, such as use of power tools, accessory building, noise and will not change the
residential character of the premises or adversely affect the other uses permitted in a
residential area. (Prior code §9515(d))
17.56.350 Development standards.
A.
Minimum parcel area, twenty thousand square feet;
B.
Maximum building coverage, none;
C.
Minimum parcel width, one hundred feet;
D.
Minimum yard setbacks: front, thirty feet (30'); sides, ten feet (10'), except the side yard shall
be increased one foot for each additional foot of building height in excess of twenty-five feet
(25'); rear, thirty feet (30'); (Ord. 4236, 1992)
E.
Maximum building height, forty feet (40'); (Ord. 4236, 1992)
F.
Minimum floor area per dwelling, six hundred square feet. (Prior code §9515(e))
El Dorado County Zoning Ordinance
(Revised December 2009)
231
IX. SINGLE-FAMILY THREE-ACRE RESIDENTIAL (TR3A) DISTRICTS,
LAKE TAHOE AREA
17.56.360 Purpose. The purpose of Sections 17.56.360 through 17.56.400 is to provide for the
orderly development of single-family residential land consistent with conditions conducive to a
desirable residential density and environment and to protect from the encroachment of unrelated uses
tending to have an adverse effect on the single-family residential development of the area.
(Prior code §9517(a))
17.56.370 Applicability. The regulations set forth in Sections 17.56.380 through 17.56.400 shall
apply in R3A single-family three-acre residential districts and TR3A single-family three-acre
residential districts (Lake Tahoe area) and shall be subject to the applicable provisions of Chapters
17.14, 17.16 and 17.18. (Prior code §9517(b))
17.56.380 Uses permitted by right. The following uses are allowed by right, without special use
permit:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including but not limited to garage, swimming pool,
pumphouse, boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house, not for rent or lease, and not to exceed four hundred square feet of
floor space as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities;
B.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher and other similar occupations normally conducted by mail or
telephone on the premises where the activities do not create a traffic problem; provided, that
instruction is not given to groups in excess of four and concerts or recitals are not held, and
no display of goods is visible from the outside of the property, such use must be carried on in
the residence and be incidental to the residential use of the premises and be carried on by a
resident thereon;
C.
One unlighted sign not exceeding six square feet of message area and eight feet above
ground level advertising authorized activities on the premises;
D.
Raising and grazing of domestic farm animals and the cultivation of tree and field crops
where it does not constitute a nuisance to adjacent properties and is in conformity with the
provisions of Chapters 17.14, 17.16 and 17.18;
E.
Drilling of wells and excavation of earth exclusively for authorized residential purposes on
that parcel;
F.
Local distribution lines for public utilities;
G.
One mobile home to be used exclusively by the owner after acquiring a building permit for
the construction of a permanent dwelling for the owner on the same property and during the
actual construction thereof and so long as the building permit remains valid, for up to one
year;
H.
One commercial coach to be used exclusively as an office for contractors engaged in
construction projects, but only during the course of construction of the property, where a
valid building permit has been obtained and remains active. The commercial coach must be
located on the same property as the construction project. (Prior code §9517(c))
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El Dorado County Zoning Ordinance
17.56.390 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission or zoning administrator:
A.
Place of worship;
B.
Public or private academic school;
C.
Cemetery;
D.
Golf course and tennis courts;
E.
Nonprofit membership club or association;
F.
Public utilities structures to include fire stations;
G.
Public or private parks and playgrounds;
H.
Temporary real estate office on properties for sale or fronting a road directly leading to
properties for sale for the exclusive sale of the properties;
I.
Home occupations not listed in subsection B of Section 17.56.380 which would require
special consideration such as use of power tools, accessory building, noise, and which will
not change the residential character of the premises or adversely affect the other uses
permitted in a residential area;
J.
The use of a mobile home for an extended period of one year to be used exclusively by the
owner who possesses a valid building permit to construct a permanent dwelling on the
premises, where circumstances beyond the control of the owner as determined by the
planning commission or the zoning administrator has prevented the completion of the
dwelling during the initial one-year period. Failure to obtain financing shall not be
considered as a circumstance beyond the control of the owner;
K.
One mobile home for use by the owner or member of his family where a hardship connected
with a health condition as verified by a physician licensed to practice medicine and surgery
in this state could be substantially reduced by the granting of the special use permit;
provided, that the planning commission or zoning administrator finds the granting of the
special use permit will not detrimentally affect the use of neighboring properties;
L.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
M.
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §10, 1989: prior
code §9517(d))
17.56.400 Development standards. The following provisions shall apply in R3A single-family
three-acre residential districts and TR3A single-family three-acre residential districts (Lake Tahoe
area), unless and until a variance is obtained from the planning commission or zoning administrator:
A.
Minimum lot area, three acres;
B.
Maximum lot coverage, none;
C.
Minimum lot width, one hundred fifty feet;
D.
Minimum yards: front, thirty feet (30'); sides, fifteen feet (15'), except the side yard shall be
increased one foot for each additional foot of building height in excess of twenty-five feet
(25'); rear, thirty feet; (Ord. 4236, 1992)
E.
Maximum building height, forty-five feet (45'); (Ord. 4236, 1992)
F.
Minimum dwelling unit area, six hundred square feet of living area and two rooms, two
hundred square feet of additional living area is required for each additional bedroom.
Minimum dwelling unit area provisions are not applicable to additions to existing dwellings.
(Prior code §9517(e))
El Dorado County Zoning Ordinance
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233
THIS SPACE INTENTIONALLY LEFT BLANK.
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El Dorado County Zoning Ordinance
Chapter 17.58
COMMERCIAL DISTRICTS
Sections:
I.
COMMERCIAL (TC) DISTRICTS
17.58.010
17.58.020
17.58.030
17.58.040
II.
PLANNED COMMERCIAL (TCP) DISTRICTS
17.58.050
17.58.060
17.58.070
17.58.080
III.
Applicability.
Uses requiring site plan approval.
Uses requiring special use permit.
Development standards.
GENERAL COMMERCIAL (TCG) DISTRICTS
17.58.090
17.58.100
17.58.110
17.58.120
17.58.130
17.58.140
17.58.150
17.58.160
17.58.170
IV.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
Purpose.
Uses permitted by right.
Accessory uses.
Temporary uses.
Uses requiring special use permit.
Development standards.
Signs
Prohibited uses.
Interpretation of use regulations.
MEYERS COMMUNITY PLAN (MCP) DISTRICTS
17.58.160
17.58.170
17.58.180
17.58.190
Purpose
Applicability
Uses permitted by right or by special use Table 17.58.180(A) Permitted, special uses
and prohibited uses
Development standards Table 17.58.190(A) Meyers community plan development
standards
El Dorado County Zoning Ordinance
(Revised December 2009)
235
I. COMMERCIAL (TC) DISTRICTS
17.58.010 Applicability. The regulations set forth in Sections 17.58.020 through 17.58.040 shall
apply in all TC commercial districts and shall be subject to the provisions of Chapters 17.14, 17.16
and 17.18. (Prior code §9507(part))
17.58.020 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use, except one-family dwelling and mobile home park, allowed by right or special use
permit in TRT tourist residential zones;
B.
Office, bank, studio, eating and drinking establishment and used retail sale other than those
enumerated in subsection E of this section, retail repair and service exclusive of automobile
service, service station parking lot;
C.
Accessory use and structure;
D.
Two signs not exceeding fifty square feet in total area of any one display surface, or one sign
not exceeding eighty square feet in area, advertising authorized activities on the premises;
E.
Places of entertainment, appliance store and repair (new and used), antique store and
furniture store, secondhand store, when they are fully enclosed in a building. (Prior code
§9507(a))
17.58.030 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
New and used automobile sale and repair, bulk petroleum sale and storage; provided,
however, that used automobile sale and repair shall not be deemed to include automobile
dismantling, junking or wrecking operation;
B.
Animal clinic or shelter;
C.
Mobile home park;
D.
All uses enumerated in subsection E of Section 17.58.020 when they are not fully enclosed
in a building;
E.
Airports, heliports and their accessory uses and structures;
F.
Recreational vehicle parks, campgrounds and their accessory uses and structures. (Prior
code §9507(b))
17.58.040 Development standards. The following provisions shall apply to all TC districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, five thousand square feet, but not less than one thousand square feet for
each dwelling or rental unit located on the first and second story and seven hundred fifty
square feet for each dwelling or rental unit located on the third story and above;
B.
Maximum building coverage, sixty percent of the lot;
C.
Minimum lot width, fifty feet;
D.
Minimum yard: front, ten feet; sides and rear, five feet, or zero feet and fireproof wall
without opening; provided, however, that all hotels, motels or multifamily dwellings shall
have at least five feet side and rear yards;
E.
Maximum building height, fifty feet. (Prior code §9507(c))
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El Dorado County Zoning Ordinance
II. PLANNED COMMERCIAL (TCP) DISTRICTS
17.58.050 Applicability. The regulations set forth in Sections 17.58.060 through 17.58.080 shall
apply in all TCP districts and shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18.
(Prior code §9512(part))
17.58.060 Uses requiring site plan approval. The following uses are allowed without special use
permit or variance, but only after obtaining approval of the site plan therefor from the planning
director, who shall act thereon within fifteen days after submittal of the site plan. If the applicant is
not satisfied with the action of the planning director, the applicant may request the review of the
action by the planning commission:
A.
Any use, except one-family dwelling and mobile home park, allowed by right or special use
permit in TRT tourist residential zones;
B.
Office, bank, studio, eating and drinking establishment and used retail sale other than those
enumerated in subsection E of this section, retail repair and service exclusive of automobile
service, service station, parking lot;
C.
Accessory use and structure;
D.
Two signs not exceeding fifty square feet in total area of any one display surface, or one sign
not exceeding eighty square feet in area, advertising authorized activities on the premises;
E.
Places of entertainment, appliance store and repair (new and used), antique store and
furniture store, secondhand store, when they are fully enclosed in a building. (Prior code
§9512(a))
17.58.070 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
New and used automobile sale and repair, bulk petroleum sale and storage; provided,
however, that used automobile sale and repair shall not be deemed to include automobile
dismantling, junking or wrecking operation;
B.
Animal clinic or shelter;
C.
Mobile home park;
D.
All uses enumerated in subsection E of Section 17.58.060 when they are not fully enclosed
in a building;
E.
Airports, heliports and their accessory uses and structures;
F.
Recreational vehicle parks, campgrounds and their accessory uses and structures. (Prior
code §9512(b))
17.58.080 Development standards. The following provisions shall apply in all TCP districts unless
and until a variance is obtained from the planning commission:
A.
Minimum lot area, five thousand square feet;
B.
Maximum building coverage, sixty percent of the lot;
C.
Minimum lot width, fifty feet;
D.
Minimum yards: front, ten feet; sides and rear, five feet or zero feet and fireproof wall
without opening; provided, however, that all hotels, motels or multifamily dwelling
structures shall have at least five-foot side and rear yards;
E.
Maximum building height, fifty feet. (Prior code §9512(c))
El Dorado County Zoning Ordinance
(Revised December 2009)
237
III. GENERAL COMMERCIAL (TCG) DISTRICTS
17.58.090 Purpose. The purpose of Sections 17.58.090 through 17.58.170 is intended to be the
creation of a land use zone to provide for the conduct of sales, storage, distribution and light
manufacturing businesses of the type which do not ordinarily cause more than a minimal amount of
noise, odor, smoke, dust or other factors tending to disturb the peaceful enjoyment of adjacent
residential or agricultural land use zones; and further, to provide a close relationship between
warehousing, distribution and retail sales. (Prior code §9513(a))
17.58.100 Uses permitted by right. The following regulations shall apply in all TCG zones and
shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18 for sign regulations including
number, size, type and lighting; for parking requirements as to size of spaces, layout, improvements,
etc., building height and fence regulations:
A.
Uses allowed by right:
Amusement enterprises when fully enclosed within a building;
Antique store when fully enclosed within a building;
Appliance store and repair (new and used) when fully enclosed within a building;
Art studios;
Auditoriums, exclusive of tents of temporary structures;
Automobile and truck sales, sales lots, garages, including body and paint shops;
Bakery plant, including retail and distribution terminal;
Banks;
Barbershops;
Baths, Turkish and similar types, including health studios and gymnasiums;
Beauty shops;
Billiard and pool halls;
Bird and pet shops;
Blueprinting, photostating and photofinishing facilities;
Boat building and sales;
Bookstores;
Bottling plants;
Bowling alleys;
Building materials, including storage and sales;
Cabinet and carpenter shops;
Camera shops;
Carpet cleaning;
Car wash;
Churches;
Clubs and lodges;
Cocktail lounges;
Confectionery stores;
Contractor's shops;
Creameries, dairy products manufacturing and distribution plants;
Dancehalls;
Delicatessens;
Drayage and furniture storage warehouses;
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El Dorado County Zoning Ordinance
Dress shops;
Dressmaking shops;
Drugstores;
Dry cleaning plants;
Drygoods and notion stores;
Dwelling for a caretaker or superintendent whenever the use requires the on-site
residence of such person, but not including a mobile home;
Electronic manufacturing and maintenance;
Farm, home and garden equipment sales and rentals;
Feed and fuel sales;
Florist shops;
Frozen food lockers;
Fruit and vegetable stores;
Funeral parlors and mortuaries;
Furniture stores and warehouses when fully enclosed in a building;
Garment manufacture;
Greenhouses, nursery;
Grocery stores;
Hardware stores;
Hotels and motels;
Ice and cold storage plants;
Janitorial services;
Jewelry stores;
Laboratories, medical;
Liquor stores;
Lumberyards;
Meat markets;
Millinery shops and manufacturing;
Music and dancing schools;
Newsstands;
Newspaper offices and publishing plants;
Offices, business and professional;
Paint stores;
Packing and crating establishments;
Parcel delivery service;
Parking lots;
Pawnshops;
Plumbing shops;
Printing shops;
Public buildings;
Public parks and playgrounds;
Public utility buildings and structures, excluding sewer treatment plants;
Publishing plants;
Radio and television broadcasting studios and stations;
Radio and television sales and repair services;
Restaurants;
El Dorado County Zoning Ordinance
(Revised December 2009)
239
Schools, private, public and trade;
Secondhand stores when fully enclosed within a building;
Sheetmetal shops;
Service stations;
Shoe repair shops;
Shoe shops;
Sign shops;
Stationery stores;
Tailor shops;
Taxidermists;
Tire rebuilding, recapping and retreading;
Trailer sales and off-site rentals. (Prior code §9513(b))
17.58.110 Accessory uses. Uses and structures accessory to any of the uses permitted in this zone.
(Prior code §9513(c))
17.58.120 Temporary uses. The planning director with health department approval may authorize a
temporary carnival, fair, rodeo, gymkhana and/or any other similar temporary recreational and
amusement enterprise whenever the duration of the enterprise is for not more than seven consecutive
days within any sixty-day period of time. At the time of authorization, the planning director may
impose conditions regarding hours of operation, access, parking, fencing and surface treatment to
inhibit dust emanation. (Prior code §9513(d))
17.58.130 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Airports, heliports and their accessory uses and structures;
B.
Animal hospital and clinic for large and small animals;
C.
Amusement enterprises (permanent) outdoor;
D.
Appliance, furniture and secondhand stores when not fully enclosed within a building;
E.
Auction yards;
F.
Central sewer plant facilities;
G.
Kennels;
H.
Laundry plants;
I.
Mobile home parks;
J.
Stables and riding academies. (Prior code §9513(e))
17.58.140 Development standards. The following provisions shall apply in TCG general
commercial zones unless and until a variance is obtained from the planning commission:
A.
Minimum lot area, ten thousand square feet or larger as determined by the health department,
if on septic systems;
B.
Maximum building coverage, sixty percent, the remaining forty percent will be to provide
open space parking and circulation;
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, ten feet; sides and rear, five feet or zero feet and fireproof wall
without opening; provided, however, that all hotel and motel structures shall have at least
five-foot side and rear yards;
E.
Maximum building height, fifty feet. (Prior code §9513(f))
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El Dorado County Zoning Ordinance
17.58.150 Signs. Two signs, neither of which shall exceed fifty square feet in total area of any one
display surface, or one sign not exceeding eighty square feet in area, advertising authorized activities
on the premises and subject be subject to all applicable general provisions and exceptions pertaining
to signs in Chapters 17.14, 17.16 and 17.18 are allowed by right. (Prior code §9513(g))
17.58.160 Prohibited uses. New residential uses other than for the use of a caretaker in connection
with an industrial or commercial use are prohibited. (Prior code §9513(h))
17.58.170 Interpretation of use regulations. Uses that are not specifically listed in Sections
17.58.090 through 17.58.160 or where ambiguity arises concerning a particular use as to the proper
application or procedure, it shall be the duty of the commission to ascertain all pertinent facts
concerning the use or matter and, by resolution of record, to set forth its findings and its interpretation. (Prior code §9513(i))
IV. MEYERS COMMUNITY PLAN (MCP) DISTRICTS
17.58.160 Purpose. It is the purpose of the MCP district to implement the policies of the Meyers
Community Plan. Specifically, setting forth separate and distinct uses and standards which apply to
each of the five subareas of the Meyers Community. To address the subareas, the MCP district will
be designated on the official zoning map as MCP-1, MCP-2, MCP-3, MCP-4 and MCP-5 to reflect
the subareas and the variables that each area represents. As noted in the sections which follow, the
permitted uses and development standards may vary for each subarea designated as a means to
implement the policies of the adopted Meyers Community Plan.
17.58.170 Applicability. The regulations set forth in Sections 17.58.180 and 17.58.190 shall apply
to all Meyers Community Plan (MCP) Districts. Where applicable, the standards of Title 17 of the
County Code of ordinances shall apply. Additionally, the provisions of the Tahoe Regional Planning
Agency (TRPA) Code of Ordinances also applies to all projects within the MCP District. Where
there is a conflict with the TRPA ordinances and this ordinance, the most restrictive standard shall
apply.
17.58.180 Uses permitted by right or by special use.
A.
Only those uses listed on the following table and otherwise noted in this Section shall be
permitted by right or by special use within the districts specified. The table has the
following designations:
A = Allowed by right
S=
Allowed by processing and receiving approval of a special use permit
P=
Prohibited use
B.
The resource management uses of timber, wildlife/fisheries, vegetation protection and
watershed improvements are permitted uses in any of the MCP districts as long as such
practices are consistent with the Meyers Community Plan. (Ord. 4537 §1, 1999)
El Dorado County Zoning Ordinance
(Revised December 2009)
241
Table 17.58.180(A)
Permitted, Special Uses, and Prohibited Uses
(Tahoe Regional Planning Agency Code of Ordinances, Chapter 18, Section 18.4, Definition of
Uses, is adopted by reference for the uses listed herein).
LAND USE
MCP-1
MCP-2
MCP-3
MCP-4
MCP-5
Employee Housing
S
S
S
P
P
Multiple Family Dwelling
P
P
S
P
P
Multiple Person Dwelling (i.e., dormitories, etc.)
S
P
P
P
P
Nursing and Personal Care
A
P
P
P
P
Single Family Dwelling
P
S
S
P
A
Time-share units
S
P
P
P
P
Bed and Breakfast Facilities
S
A
S
P
S
Hotels/Motels
S
P
P
P
P
Auto/Mobile Homes/Vehicle Dealers
P
P
P
S
P
Building Materials/Hardware
A
P
S
A
P
Eating and Drinking Places
A
P
A
A
P
Food and Beverage Sales
A
P
A
S
P
Furniture/Home Furnishings/Equipment
A
P
A
S
P
General Merchandise Stores
A
P
A
S
P
Mail Order and Vending
S
P
S
A
P
Nursery
A
P
S
A
P
Outdoor Retail Sales
S
S
P
S
P
Service Stations
S
P
S
P
P
Amusements and Recreation Services
A
S
A
P
P
Privately Owned Assembly and Entertainment
S
S
S
P
P
Outdoor Amusements
S
S
S
P
P
Residential
Tourist Accommodation
Commercial (Retail)
Commercial (Entertainment)
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El Dorado County Zoning Ordinance
Commercial (Services)
Animal Husbandry Services
A
P
S
A
P
Broadcasting Studios
A
P
A
A
P
Business Support Services
A
P
A
A
P
Contract Construction Services
S
P
P
A
P
Financial Services
A
P
A
S
P
Health Care Services
A
P
A
S
P
Personal Services
A
A
A
S
P
Professional Offices
A
P
A
S
P
Repair Services
S
P
S
A
P
Schools-Business and Vocational
S
P
S
P
P
Sales Lots
P
P
P
S
P
S(1)
P
P
S
P
Auto Repair and Service
S
P
P
S
P
Laundries and Dry Cleaning
P
P
S
S
P
Food and Kindred Products
S
P
S
A
P
Fuel and Ice Dealers
P
P
P
A
P
Industrial Services
P
P
P
S
P
Printing and Publishing
S
P
S
A
P
Recycling and Scrap
P
P
P
S
P
Small Scale Manufacturing
S
P
P
S
P
Storage Yards
P
P
P
S
P
Vehicle/Freight Terminals
P
P
P
S
P
Vehicle Storage and Parking
P
P
P
A
P
Warehousing
(1)
P
S
A
P
S
P
S
A
P
Churches
S
S
S
P
P
Collections Stations
S
P
S
A
P
Day Care Centers and Preschools
A
A
A
S
S
Government Offices
A
A
A
S
P
Secondary Storage
Commercial (Light Industrial)
Commercial (Wholesale/Storage)
Wholesale and Distribution
S
Public Services (General)
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243
Hospitals
S
S
P
P
P
Local Assembly and Entertainment
S
A
S
S
P
Local Post Office
S
S
A
P
P
Local Public Health and Safety Facilities
S
S
S
A
S
Membership Organizations
A
A
A
P
P
Publicly Owned Assembly and Entertainment
S
S
S
P
P
Public Utility Centers
S
S
S
S
P
Regional Public Health and Safety Facilities
S
S
S
S
P
Social Service Organizations
A
A
S
P
P
Schools (K-12)
S
P
P
P
P
Cultural Facilities
S
A
A
S
S
Schools/Colleges
S
P
P
P
P
S
S
S
S
S
Transit Stations and Terminals
S
(2)
A
A
S
Transportation Routes
S
S
S
S
S
Transmission and Receiving Facilities
S
S
S
S
S
Cross Country Ski Courses
A
A
A
A
S
Day Use Areas
A
A
A
P
S
Golf Courses
P
P
P
P
P
Group Facilities
P
P
P
P
P
Outdoor Recreation Concessions
S
A
A
S
P
Participant Sport Facilities
S
S
A
S
P
Recreation Centers
S
A
A
P
P
Riding and Hiking Trails
A
A
A
A
S
Rural Sports
P
P
P
S
P
Snowmobile Courses
P
P
P
P
P
Sport Assembly
S
P
P
P
P
Visitor Information Center
S
S
A
P
S
Developed Campgrounds
P
P
P
P
P
Public Service (Linear Facilities)
Pipelines and Power Transmission
S
Recreation
(1)
Applies only to parcels on Santa Fe Road.
(2)
Maintenance facilities not allowed within any new transit facilities.
244
(Revised December 2009)
El Dorado County Zoning Ordinance
17.58.190 Development standards.
A.
The following provisions shall apply in all MCP district unless a variance is obtained in
accordance with the provisions of chapter 17.24 or a modification is approved by the
Advisory Committee for the front yard setback as further described herein.
The following table sets forth the applicable lot area, lot width and setback requirements for
each of the subareas within the MCP district. In addition, land coverage, building height,
density when applicable, and signage standards are all defined in the TRPA Code of
Ordinances and in the Meyers Community Plan Appendix B, and are applicable to the MCP
district.
Table 17.58.190(A)
Meyers Community Plan Development Standards
COMMERCIAL/INDUSTRIA
L STANDARDS
SUBAREAS
MCP-1
MCP-2
MCP-3
MCP-4
MCP-5
Lot Area (Sq. Ft.)
5000
5000
5000
10,000
5000
Lot Frontage (Ft.)
50
50
50
100
50
Front (Ft.)
20**
20**
20**
20**
20**
Side (Ft.)
0
0
0
0
0
Rear (Ft.)
0
0
0
10
0
Adjacent to residential
25
25
25
25
25
Setbacks:
SUBAREAS
RESIDENTIAL
STANDARDS
MCP-1
MCP-2
MCP-3
MCP-4
MCP-5
Lot Area (Sq. Ft.)
6000
6000
6000
NA
6000
Lot Frontage (Ft.)
0
60
60
NA
60
Front (Ft.)
20*
20*
20*
NA
20*
Side (Ft.)
5
5
5
NA
5
Rear (Ft.)
15
15
15
NA
15
Setbacks:
*
**
Second story cantilever living space not more than 4 feet into front yard.
The front setback may be reduced upon review by the Advisory committee as part of the design review
application when such reduction supports the policies of the Meyers Community Area Plan.
B.
Any new development, additions to existing development, change in use, or exterior
modifications to existing development shall be subject to the design review process as
required by Section 17.74.045. (Ord. 4322, 1994)
El Dorado County Zoning Ordinance
(Revised December 2009)
245
THIS SPACE INTENTIONALLY LEFT BLANK.
246
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.60
INDUSTRIAL (TI) DISTRICTS
Sections:
17.60.010
17.60.020
17.60.030
17.60.040
17.60.050
Applicability
Uses permitted by right
Uses requiring special use permit
Development standards
Parking and loading
17.60.010 Applicability. The regulations set forth in this chapter shall apply in TI industrial districts
and shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18. (Prior code §9508(part))
17.60.020 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Any use allowed in TA agricultural districts;
B.
Any use, except residential uses, allowed by right or special use permit in TC commercial
districts; provided, however, that all requirements provided in Sections 17.58.010 through
17.58.040 for the regulation of TC commercial districts shall apply to any such commercial
use in TI industrial districts;
C.
Any industrial use other than automobile, wrecking, junking or dismantling yards in which
no odor, gas fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference,
radioactive or waste material is produced or emitted beyond the confines of the owner's
premises to adjacent properties or into the air or watercourses, and which does not constitute
a physical hazard to persons or property beyond the confines of the owner's premises by
reason of fire, explosion or similar cause;
D.
Dwellings for the caretaker, watchman or persons primarily employed in the industrial use of
the premises and their immediate family;
E.
Public utility distribution lines;
F.
Any structure or use incidental or accessory to any of the foregoing uses;
G.
Two signs not exceeding fifty square feet in total area of any one display surface or one sign
not exceeding eighty square feet in area advertising authorized activities on the premises.
(Prior code §9508(a))
17.60.030 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Any use allowed by special use permit in TA agricultural districts;
B.
Any industrial use in which odor, gas fumes, dust, smoke, noise, vibrations, glare, heat,
electrical interference, radioactive or waste material is produced or emitted beyond the
confines of the owner's premises to adjacent properties or into the air or watercourses or
which constitutes a physical hazard to persons or property beyond the confines of the owner's
premises by reason of fire, explosion or similar cause;
El Dorado County Zoning Ordinance
(Revised December 2009)
247
C.
D.
E.
Any industrial use which constitutes a physical hazard to persons or property beyond the
confines of the owner's premises by reason of fire, explosion or similar cause;
Automobile, wrecking, junking or dismantling yards;
Airports, heliports and their accessory uses and structures. (Prior code §9508(b))
17.60.040 Development standards. The following provisions shall apply in TI industrial districts,
unless and until a variance is obtained from the planning commission:
A.
Minimum lot area, ten thousand square feet;
B.
Maximum building coverage, sixty percent;
C.
Minimum lot width, sixty feet;
D.
Minimum yards: front, ten feet; sides, five feet or zero feet and fireproof wall without
opening; rear, ten feet;
E.
Maximum building height, fifty feet. (Prior code §9508(c))
17.60.050 Parking and loading. Every industrial use made of property in TI industrial districts shall
provide a minimum of one parking space for every two employees engaged in the industry and at
least one truck loading area for each five thousand square feet of building floor area devoted to the
industry. (Prior code §9508(d))
248
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.62
AGRICULTURAL DISTRICTS
Sections:
I.
TAHOE AGRICULTURAL (TA) DISTRICTS
17.62.010
17.62.020
17.62.030
17.62.040
17.62.050
II.
Purpose.
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
EXCLUSIVE AGRICULTURAL (TAE) DISTRICTS
17.62.060
17.62.070
17.62.080
17.62.090
Applicability.
Uses permitted by right.
Uses requiring special use permit.
Development standards.
I. TAHOE AGRICULTURAL (TA) DISTRICTS
17.62.010 Purpose. The purpose of the TA districts is to provide for the orderly development of
land having sufficient space and natural conditions compatible to horticultural and agricultural
pursuits and to provide for the protection from encroachment of unrelated uses tending to have
adverse effects on the development of the area. (Prior code §9509(a))
17.62.020 Applicability. The regulations set forth in Sections 17.62.030 through 17.62.050 shall
apply in all TA Tahoe agricultural districts and shall be subject to the provisions of Chapters 17.14,
17.16 and 17.18. (Prior code §9509(b))
17.62.030 Uses permitted by right. The following uses are allowed by right without special use
permit or variance:
A.
One-family detached dwelling:
1.
The renting of one room within the dwelling,
2.
Guest house, not to exceed four hundred square feet, as an accessory use to an
existing dwelling,
3.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse, boathouse,
El Dorado County Zoning Ordinance
(Revised December 2009)
249
4.
B.
C.
D.
E.
F.
G.
H.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney,
author, broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations normally
conducted by mail or telephone on the premises where the activities do not create a
traffic problem; provided, that instruction is not given to groups in excess of four,
and concerts or recitals are not held, and no display of goods is visible from the
outside of the property, such use must be carried on in the main building and be
incidental to the residential use of the premises and be carried on by a resident
thereon;
Raising and grazing of livestock and other animals;
Growing of trees, fruits, vegetables, flowers, grains and other crops;
Packing and processing of agricultural products produced on the premises, without changing
the nature of the products;
Sale on the premises of products produced thereon;
Any structure or use incidental or accessory to any of the foregoing uses;
Excavation of earth and the drilling of wells exclusively for agricultural or residential
purposes on the premises;
One unlighted sign or billboard not exceeding twelve square feet in area advertising products
from, or activities on, the premises. (Prior code §9509(c))
17.62.040 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
The packing and processing of agricultural products;
B.
The commercial slaughtering of animals;
C.
The excavation of earth with processing plants for building material other than for
on-premises purposes;
D.
The mining or drilling of minerals or petroleum;
E.
The disposal of garbage or rubbish;
F.
The construction of schools, churches, cemeteries and golf courses and public utility
buildings;
G.
Recreational buildings and uses;
H.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
I.
Airports, heliports, landing strips and their accessory uses and structures;
J.
Home occupations not listed in subsection A4 of Section 17.62.030 which require special
consideration, such as use of power tools, accessory building, noise, and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area;
K.
Single-family and multifamily dwellings and dormitories for persons primarily employed on
the premises and their immediate family, where the contiguous parcel of land under one
ownership on which they are erected contains ten acres or more. (Prior code §9509(d))
17.62.050 Development standards. The following building provisions shall apply in the TA, Tahoe
agricultural districts unless and until a variance is obtained from the El Dorado County planning
commission:
A.
Minimum lot area of ten acres;
B.
No maximum building coverage;
C.
Minimum lot width of one hundred fifty feet;
250
(Revised December 2009)
El Dorado County Zoning Ordinance
D.
E.
F.
G.
Minimum yard setback for residential uses of front yard, twenty feet (20'); side yards, ten
feet (10'), except the side yard shall be increased one foot for each additional foot of building
height in excess of twenty-five feet (25'); rear yard, fifteen feet (15'); (Ord. 4236, 1992)
Minimum agriculture structural setbacks of fifty feet on all yards;
Maximum building heights of forty-five feet (45'); (Ord. 4236, 1992)
Minimum dwelling unit area of six hundred square feet with one bedroom; two hundred
square feet should be added to the minimum dwelling unit area for each bedroom in excess
of one. (Prior code §9509(e))
II. EXCLUSIVE AGRICULTURAL (TAE) DISTRICTS
17.62.060 Applicability. The regulations set forth in Sections 17.62.070 through 17.62.090 shall
apply in all TAE districts, and TAE districts shall be subject to the provisions of Chapters 17.14,
17.16 and 17.18. No building or structure shall be erected, structurally altered or enlarged, nor shall
any building, structure or land be used except as set forth in Sections 17.62.070 through 17.62.090.
(Prior code §9510(part))
17.62.070 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
Raising and grazing of livestock, poultry and other animals;
B.
Growing of trees, fruits, vegetables, flowers, grains and other crops;
C.
Growing and harvesting of timber and other forest products;
D.
One single-family detached dwelling on each parcel of land under separate ownership;
E.
Signs warning against trespass, hunting or shooting on the premises, without limitation as to
size or number. Signs indicating the name of the owner, the property and the agricultural
products produced on the premises, provided that no more than two such signs shall be
erected on each parcel under separate ownership, and no such sign shall exceed thirty-two
square feet in area;
F.
Sale on the premises of products produced thereon;
G.
Excavation of earth and the drilling of wells exclusively for agricultural uses and other
authorized uses on the premises;
H.
Barns, corrals and other outbuildings and structures accessory to the foregoing uses;
I.
Home occupations such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, handicrafts, insurance, photographer, physician,
therapist, musician, teacher, and other similar occupations normally conducted by mail or
telephone on the premises where such activities do not create a traffic problem; provided that
instruction is not given to groups in excess of four, and concerts or recitals are not held, and
no display of goods is visible from the outside of the property; such use must be carried on in
the main building and be incidental to the residential use of the premises and be carried on
by a resident thereon. (Prior code §9510(a))
17.62.080 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the El Dorado County planning commission:
A.
Additional residential buildings to house persons who derive a portion of their income from
agricultural pursuits on the same parcel of land, and their families;
B.
The packing and processing of agricultural products and the necessary buildings and
structures required therefor;
El Dorado County Zoning Ordinance
(Revised December 2009)
251
C.
D.
E.
F.
G.
H.
Private nonprofit golf courses and other private noncommercial recreational facilities;
Animal hospitals and kennels;
Airports and aircraft landing fields approved by the California Aeronautics Commission,
which conform to the general plan for the county and such commercial and light industrial
uses, buildings and structures as are customary and ancillary to the operation of an airport;
Gas and oil wells;
Airports, heliports and their accessory uses and structures;
Home occupations not listed in subsection I of Section 17.62.070 which require special
consideration; such as use of power tools, accessory building, noise and will not change the
residential character of the premises, or adversely affect the other uses permitted in a
residential area. (Prior code §9510(b))
17.62.090 Development standards. The following area and building regulations shall apply in TAE
districts unless a variance is first obtained from the planning commission:
A.
Buildings and structures shall not exceed fifty feet (50') in height from the ground floor,
except that water tanks, silos, granaries, barns, electronic towers and antennas, and similar
structures, or necessary mechanical appurtenances, may exceed fifty feet (50') in height,
provided they do not violate the height regulations imposed by any TAA airport approach
district. (Ord. 4236, 1992)
B.
No buildings or structures shall be erected or enlarged unless the parcel of land under
separate ownership on which it is located is twenty acres or larger in size, except that this
provision shall not apply to any parcel of land under separate ownership, as shown by the
records of the county recorder on the date that the ordinance codified in this section became
effective with respect to the parcel. (Prior code §9510(c))
C.
Minimum parcel area, twenty (20) acres;
D.
Minimum parcel width, two hundred feet (200');
E.
Minimum yard setbacks: front and rear, thirty feet (30'); sides thirty feet (30'), except the side
yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25');
F.
Minimum agriculture structural setbacks of fifty feet on all yards;
G.
Maximum building coverage, none;
H.
Locations of the parcel in relation to surrounding land use: The success and stability of
agricultural enterprises can be influenced by the zone and use of immediately adjacent lands.
Land that is within an agricultural area or adjacent to agriculturally zoned lands may be
recommended for agricultural zoning. A buffer area as established by Ordinance No. 3371,
July 12, 1983, will be required. Variances to the above will be reviewed by the agricultural
commission.
The development of new agricultural enterprise structures or uses shall be located one
hundred feet from any noncompatible use, i.e.:
1.
Residential structures,
2.
Nursing homes,
3.
Public schools,
4.
Playgrounds,
5.
Swimming pools,
6.
Ponds, and
7.
Churches. (Ord. 4236, 1992)
252
(Revised December 2009)
El Dorado County Zoning Ordinance
Chapter 17.66
TAHOE MOBILE HOME PARK (TMP) DISTRICTS
Sections:
17.66.010
17.66.020
17.66.030
17.66.040
17.66.050
17.66.060
17.66.070
17.66.080
17.66.090
17.66.100
17.66.110
17.66.120
17.66.130
17.66.140
17.66.150
17.66.160
17.66.170
17.66.180
17.66.190
17.66.200
17.66.210
17.66.220
17.66.230
17.66.240
Applicability
Uses requiring special use permit
Parcel area, density and landscaped buffers
Recreation area
Lot area
Yards
Pedestrian circulation
Street width
Access
Parking
Boat and trailer storage
Landscaping
Utilities
Profile of mobile home
Fences
Signs
Garbage disposal
Drainage
Sewage disposal
Water
Fire protection
Model mobile homes
Occupancy requirements
Additional requirements
17.66.010 Applicability. The regulations set forth in this chapter shall apply in all MP mobile home
park districts and TMP Tahoe mobile home park districts for any new mobile home park or the
expansion of any such existing facility, and shall be governed by the procedures and regulations set
forth in this chapter which are in addition to applicable state rules and regulations for mobile home
parks and shall be subject to the provisions of Chapters 17.14, 17.16 and 17.18. (Prior code
§9516(part))
17.66.020 Uses requiring special use permit. The following uses are allowed by special use permit:
A.
Mobile home parks with accessory structures and uses, including a single-family dwelling
when housing persons affiliated with the mobile home park, not to include businesses
catering to off-premises patronage when located within the park itself. (Prior code §9516(a))
El Dorado County Zoning Ordinance
(Revised December 2009)
253
17.66.030 Parcel area, density and landscaped buffers. The following provisions shall apply in all
mobile home park districts unless and until a variance is obtained from the planning commission:
A.
Minimum parcel area, ten acres;
B.
Maximum overall density, seven units per gross acre;
C.
Minimum yards, landscaped perimeter side and rear buffer areas of fifteen feet; landscaped
front setbacks and yards adjacent to public used road rights-of-say, twenty- five feet. (Prior
code §9516(b)(1)–(3))
D.
Maximum building height, thirty-five feet (35'). (Ord. 4236, 1992)
17.66.040 Recreation area. A minimum of twenty percent of the total site area shall be devoted to
indoor and outdoor community activity and service facilities, which may include but shall not be
limited to the following:
A.
Community center building (minimum size based on twenty-five square feet per mobile
home space);
B.
Swimming pool;
C.
Golf putting greens;
D.
Landscaped open space;
E.
Bicycle paths;
F.
Tennis and badminton courts;
G.
Shuffleboard and horseshoes;
H.
Hobby and craft shop;
I.
Sewing room;
J.
Small indoor gymnasium for winter sports such as handball, etc.
In computing the size of this area, landscaped open spaces such as might be provided by
buffer areas, pedestrian pathways, and boat and storage areas may be taken into account.
However, open areas such as roads and parking spaces shall be excluded from computation.
(Prior code §9516(b)(4))
17.66.050 Lot area. No mobile home shall have less than two thousand seven hundred square feet
of lot area nor a width of less than thirty feet and no double less than three thousand six hundred
square feet of lot area nor a width of less than fifty feet. No double shall occupy a space designed
for a single unit. (Prior code §9516(b)(5))
17.66.060 Yards. Side yards, a five-foot minimum setback from the outer edge of any structure or
mobile home to the mobile home lot line shall be maintained, encroachment into the setback area
shall not be permitted; rear yard, a five-foot minimum setback from the outer edge of any structure
or mobile home to the mobile home lot line shall be maintained; encroachment into the setback area
shall not be permitted; front yard, a fifteen-foot minimum setback from the outer edge of any
structure or mobile home to the mobile home lot line shall be maintained, encroachment into the
setback area shall not be permitted. (Prior code §9516(b)(6))
17.66.070 Pedestrian circulation. Pedestrian circulation and pedestrian ways shall be a part of the
park design to allow normal circulation patterns to take place between adjacent parcels and
recreational areas. (Prior code §9516(b)(7))
254
(Revised December 2009)
El Dorado County Zoning Ordinance
17.66.080 Street width. The minimum driveway or road within a mobile home park shall be no less
than twenty-five feet of clear width. The roads shall be surfaced as directed by the director of
department of transportation. All access drives, parking bays and connections to county roads shall
be subject to county encroachment permits issued by the director of department of transportation.
(Ord. 3766 §69, 1987: prior code §9516(b)(8))
17.66.090 Access. All mobile home spaces shall be served from internal private streets within the
mobile home park and there shall be no direct access from a mobile home space to a public street or
alley. Ingress and egress roads shall have a clear and unobstructed access to a public thoroughfare.
(Prior code §9516(b)(9))
17.66.100 Parking. The developer shall proved two off-street parking spaces for each mobile home
unit on the mobile home lot. The two off-street parking spaces may be in tandem and shall be
designed so that a parked vehicle will not encroach into the street or pedestrian way area. One
off-street parking space for each two mobile home units shall be provided within convenient
distance. (Prior code §9516(b)(10))
17.66.110 Boat and trailer storage. All pleasure boats, trailers, campers or motor coaches shall be
stored in an area set aside for such storage on the approved plans. The area shall be screened from
view and shall provide a minimum of one boat or trailer space for every four mobile home sites. The
storage shall not be allowed on any street or individual mobile home lot. (Prior code §9516(b)(11))
17.66.120 Landscaping. A detailed landscaping plan shall be submitted for consideration with each
special use permit application. All open areas except driveways, parking areas, walkways, utility
areas, decks, patios or porches shall be well landscaped and maintained. Landscaping shall be used
as a buffer between mobile home units and adjoining property. Trees shall be planted throughout the
development. Whenever possible, plants that are indigenous to this area shall be incorporated into
the landscaping plan. All required planting shall be permanently maintained in good growing
condition and repaired or replaced whenever necessary. (Prior code §9516(b)(12))
17.66.130 Utilities. All utilities shall be installed underground. (Prior code §9516(b)(13))
17.66.140 Profile of mobile home. To lower the profile of a mobile home so that it more closely
resembles a conventional residential structure, wheels may be removed, but hubs and running gear
are to remain intact:
A.
The utility island sewer connection shall be set as low as possible, consistent with state law;
B.
Whenever possible and consistent with proper drainage and minimum state cross-ventilation
requirements, the mobile home shall be positioned by accepted and appropriate grading
practices to improve its setting;
C.
Height limit is two stories. (Prior code §9516(b)(14))
17.66.150 Fences. The planning commission may require that the park property be enclosed by
fence and/or thick screen planting for control of view, light, sound and adequate security. (Prior
code §9516(b)(15))
El Dorado County Zoning Ordinance
(Revised December 2009)
255
17.66.160 Signs. Park identification signs shall be subject to architectural review by the planning
department. No flashing or revolving signs will be permitted. Identification signs shall be limited to
one eighty square foot sign per park, not to exceed a height of thirty-five feet above ground. Each
mobile home park shall maintain an additional directory sign showing the location and house
number of each mobile home unit. Incidental signs may be permitted upon approval by the planning
commission. (Prior code §9516 (b)(16))
17.66.170 Garbage disposal. A trash and garbage disposal system shall be installed in compliance
to the regulations of the county health department. (Prior code §9516(b)(17))
17.66.180 Drainage. Developers shall proved adequate drainage facilities to prevent damage by
storms and shall dispose of drainage waters in a natural watercourse. (Prior code §9516(b)(18))
17.66.190 Sewage disposal. Sewage disposal shall be provided in compliance with county health
department requirements. (Prior code §9516(b)(19))
17.66.200 Water. All mobile home parks shall procure water from an approved water facility.
(Prior code §9516(b)(20))
17.66.210 Fire protection. Prior to construction, the applicant shall confer with the State Division of
Forestry or appropriate local entity and shall provide the installations necessary for protection
against fire pursuant to the Health and Safety Code. (Prior code §9516(b)(21))
17.66.220 Model mobile homes. Demonstration of model mobile homes shall be permitted as long
as it does not constitute a retail sales yard for mobile homes located off the premises. This is not
intended to prohibit the sale of a single mobile home on an approved site. (Prior code §9516(b)(22))
17.66.230 Occupancy requirements. No mobile home parks shall be occupied until all requirements
of the planning commission, health department, drainage control, director of department of
transportation, building inspection departments and fire protection requirements have been met.
(Ord. 3766 §70, 1987: prior code §9516(b)(23))
17.66.240 Additional requirements. Additional development requirements may be prescribed as
conditions of special use permit approval when the requirements are determined to be necessary to
insure the protection of the character of neighboring properties, the compatibility of land uses and
the health and safety of mobile home park occupants and other county residents. (Prior code
9516(b)(24))
256
(Revised December 2009)
El Dorado County Zoning Ordinance
IV. LAND USE REGULATIONS
IV. LAND USE REGULATIONS
Chapter 17.68
OPEN SPACE (OS) DISTRICT
Sections:
17.68.010
17.68.020
17.68.030
17.68.040
17.68.050
17.68.060
Purpose
Open space land defined
Applicability
Uses permitted by right
Uses requiring special use permits
Development standards
17.68.010 Purpose. The purpose of this chapter is to provide a medium whereby the essential open
space needs of the citizens of the county may be provided for. (Prior code §9701)
17.68.020 Open space land defined. "Open space land" means parcels or areas of land which are
generally unimproved and devoted to and essential for:
A.
Natural resource preservation including watersheds;
B.
Preservation of agricultural production;
C.
Preservation of recreational enjoyment areas;
D.
Prime or critical wildlife and biotic habitat preservation;
E.
Protection of public health, safety and welfare, in relation to seismic, geologic and
geographic hazards;
F.
Protection of unusual or unique scenic values as determined by a specific finding of the
governing body in regard to the specific parcel or area under consideration. (Prior code
§9702)
17.68.030 Applicability. The regulations set forth in Sections 17.68.040 through 17.68.060 shall
apply in all OS open space districts and OS districts shall be subject to the provisions of Chapters
17.14, 17.16 and 17.18. No building or structure shall be erected, structurally altered or enlarged,
nor shall any building, structure, land or products thereof be used except as set forth in Sections
17.68.040 through 17.68.060. (Prior code §9703(part))
17.68.040 Uses permitted by right. The following uses are allowed by rights, without special use
permit or variance:
A.
One single-family dwelling on not less than the minimum sized parcel of land under separate
ownership;
B.
Agricultural and accessory buildings;
C.
The raising and grazing of livestock and other farm type animals, not to include the
commercial keeping of poultry;
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D.
E.
F.
The growing and harvesting of timber and other forest products, not to include the
commercial processing or milling;
Growing and harvesting of trees, fruits, vegetables, flowers, vines, grains and other crops,
not to include commercial processing of products thereon;
Signs warning against trespass, hunting or shooting, not to be located closer than one-eighth
mile from a similar sign, such signs not to exceed two square feet in area. (Ord. 3606 §60,
1986: Ord.3366 §48, 1983; prior code §9703(a))
17.68.050 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Other buildings and structures;
B.
All signs not allowed by right;
C.
Excavation of earth or drilling of wells, for either commercial or private use to exclude that
normally incidental to the erection of a single-family dwelling or permitted accessory
structure;
D.
All home occupations;
E.
Public utility uses and accessory structures;
F.
All processing of products produced upon or from the land, to include all accessory
structures required or so used;
G.
All commercial and private organized recreational uses;
H.
Airports and aircraft landing fields approved by the California Aeronautics Commission,
which conform to the general plan for the county, buildings and structures as are customary
and ancillary to the operation of an airport. (Prior code §9704)
17.68.060 Development standards. The following area and building regulations shall apply in OS
districts unless a variance is first obtained from the planning commission or zoning administrator:
A.
Buildings and structures shall not exceed forty-five feet (45') in height from the ground floor
except that water tanks, silos, granaries, barns, electronic towers and antennas and similar
structures or necessary mechanical appurtenances may extend to sixty-five feet (65') in
height, provided they do not violate the height regulations imposed by any AA airport
approach district; (Ord. 4236, 1992)
B.
No building or structure shall be erected or enlarged unless the parcel of land under separate
ownership on which it will be located is ten acres or larger in size, except that this provisions
shall apply to any parcel of land under separate ownership as shown by the records of the
county recorder on the date the ordinance codified in this chapter became effective with
respect to such parcel;
C.
The minimum parcel size of ten acres shall be waived by the planning director in the case or
event that an open space use is proposed to be established as an open space easement, such
uses as, but not limited to:
1.
Equestrian trails or paths,
2.
Hiking trails or paths,
3.
Bicycle trails or paths,
4.
Off-road vehicle trails or paths,
5.
Connector links between recreation or scenic areas and/or population centers,
6.
Areas adjacent to water bodies or streams for scenic or recreation uses,
7.
Areas adjacent to scenic highways or roads as designated by the state and/or the
county,
8.
Designated green belt areas as determined by a finding of the governing body;
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D.
E.
F.
Minimum parcel area, ten acres;
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'); (Ord. 4236, 1992)
Minimum agriculture structural setbacks of fifty feet on all yards. (Ord. 3606 §61, 1986:
Ord. 3366 §§49, 50, 51, 1983; prior code §9705)
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Chapter 17.70
CONSERVATION ZONING
Sections:
I.
GENERAL PROVISIONS
17.70.010
17.70.020
II.
CONSERVATION (CN) DISTRICTS
17.70.030
17.70.040
17.70.050
17.70.060
III.
Purpose
Resource conservation lands defined
Applicability
Uses permitted by right
Uses requiring special use permit
Development standards
ESTATE RESIDENTIAL (RE-10) DISTRICTS
17.70.070
17.70.080
17.70.090
17.70.100
17.70.110
Purpose
Applicability
Uses permitted by right
Uses requiring special use permit
Development standards
I. GENERAL PROVISIONS
17.70.010 Purpose. The purpose of this chapter is the provision of a medium whereby the essential
resource conservation needs of the citizens of the county may be provided for. (Prior code §9710)
17.70.020 Resource conservation lands defined. "Resource conservation lands" means those parcels
or areas of land which are deemed essential for the conservation and/or managed utilization of
natural resources to include, but not be limited to:
A.
Water and related areas;
B.
Prime, critical or unique wildlife and biotic habitats;
C.
Areas suitable for the economic production of food, fiber and mineral products as verified by
licensed, registered or similarly designated persons qualified to certify, as determined by a
specific finding of the governing body. (Prior code §9711)
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II. CONSERVATION (CN) DISTRICTS
17.70.030 Applicability. The regulations set forth in Sections 17.70.040 through 17.70.060 shall
apply in all CN conservation districts and all CN districts shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. No building or structure shall be erected, structurally altered,
enlarged, nor shall any use be established, except as set forth in Sections 17.70.040 through
17.70.060. (Prior code §9712(part))
17.70.040 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One single-family dwelling on not less than the minimum sized parcel of land under separate
ownership;
B.
Agricultural and accessory buildings;
C.
The raising and grazing of livestock and other farm type animals, not to include the
commercial keeping of poultry;
D.
Growing and harvesting of trees, fruits, vegetables, flowers, vines, grains and other crops,
not to include commercial processing of products produced thereon;
E.
The growing and harvesting of timber and other forest products, not to include commercial
processing or milling;
F.
Signs warning against trespass, hunting or shooting, not to be located closer than one-eighth
mile from a similar sign, such signs not to exceed two square feet in area. (Ord. 3606 §62,
1986: Ord. 3366 §52, 1983; prior code §9712(a))
17.70.050 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
Other buildings and structures;
B.
All signs not allowed by right;
C.
Excavation of earth or drilling of wells, for either commercial or private use to exclude that
normally incidental to the erection of a single-family dwelling or permitted accessory
structure;
D.
All home occupations;
E.
Public utility uses and accessory structures;
F.
All processing of products produced upon or from the land, to include all accessory
structures required or so used;
G.
All commercial and private organized recreational uses;
H.
Airports and aircraft landing field approved by the California Aeronautics Commission
which conform to the general plan for the county, buildings and structures as are customary
and ancillary to the operation of an airport. (Ord. 3606 §63, 1986: prior code §9713)
17.70.060 Development standards. The following area and building regulations shall apply in CN
zone districts unless a variance is first obtained from the planning commission or zoning
administrator:
A.
Buildings and structures shall not exceed forty-five feet (45') in height from the ground floor,
except that water tanks, silos, granaries, barns, electronic towers and antennas, and similar
structures or necessary mechanical appurtenances may extend to sixty-five feet (65') in
height; (Ord. 4236, 1992)
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B.
C.
D.
E.
No building or structure shall be erected or enlarged unless the parcel of land under separate
ownership on which it will be located is five acres or larger in size, except that this provision
shall not apply to any parcel of land under separate ownership as shown by the records of the
county recorder on the date that the ordinance codified in this chapter became effective with
respect to the parcel;
Minimum parcel sized, ten acres;
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992).
Minimum agriculture structural setbacks of fifty feet on all yards. (Ord. 3606 §64, 1986:
Ord. 3366 §§53, 54, 55, 1983; prior code §9714)
III. ESTATE RESIDENTIAL (RE-10) DISTRICTS
17.70.070 Purpose. The purpose of Sections 17.70.070 through 17.70.110 is to provide for the
orderly development of land having sufficient space and natural conditions compatible to residential
and accessory agricultural and horticultural pursuits and to provide for the protection from
encroachment of unrelated uses tending to have adverse effects on the development of the areas so
designated. (Prior code §9720(a))
17.70.080 Applicability. The regulations set forth in Sections 17.70.090 through 17.70.110 shall
apply in all RE-10 estate residential zoning districts and shall be subject to the provisions of
Chapters 17.14, 17.16 and 17.18. (Prior code §9720(b))
17.70.090 Uses permitted by right. The following uses are allowed by right, without special use
permit or variance:
A.
One single-family detached dwelling:
1.
Accessory uses and structures including, but not limited to, garage, swimming pool,
pumphouse, boathouse,
2.
The renting of one room within the dwelling,
3.
One guest house, not for rent or lease, and not to exceed four hundred square feet of
floor space as an accessory use to an existing dwelling. No guest house shall contain
kitchen facilities;
B.
Barns, agricultural structures, etc.;
C.
Home occupation such as accountant, advisor, appraiser, architect, artist, attorney, author,
broker, dressmaker, draftsman, dentist, engineer, handicrafts, insurance, photographer,
physician, therapist, musician, teacher and other similar occupations conducted on the
premises or by mail or telephone where the activities do not create a traffic problem;
provided, that instruction is not given to groups in excess of four and concerts or recitals are
not held, and no display of goods is visible from the outside of the property, such use must
be carried on in the residence and be incidental to the residential use of the premises and be
carried on by a resident thereon;
D.
One unlighted sign not exceeding six square feet of message area and eight feet above
ground level advertising authorized activities on the premises;
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E.
F.
G.
H.
I.
J.
Raising and grazing of domestic farm animals and the cultivation of tree and field crops and
the sale of such goods when produced on the premises and when in conformity with
Chapters 17.14, 17.16 and 17.18;
Packing and processing of agricultural products produced on the premises without changing
the nature of the products;
Excavation of earth exclusively for agricultural or residential purposes on the premises
where the excavation will not create significant erosion and/or pollution;
The drilling of wells exclusively for agricultural or residential purposes on the premises;
Local distribution lines for public utilities;
Real estate sales office within an approved recorded subdivision for the exclusive sale of
property within the subdivision subject to the following requirements:
1.
Compliance with all applicable building setbacks;
2.
Compliance with all applicable off-street parking requirements, except however, that
surface may be gravel in lieu of asphalt paving;
3.
Exterior lighting shall be placed in such a manner that it does not shine directly onto
adjacent residential areas. Floodlights other than low-wattage lights are prohibited;
4.
The real estate sales use shall terminate upon sellout of all lots within the
subdivisions;
5.
Within thirty days of sellout, the real estate sales office shall be removed from the
site if it is a trailer or mobile home and if it is in a garage, the office shall be
converted back to a garage:
6.
Compliance with all applicable building and fire codes, grading and encroachment
ordinances.
7.
A site plan shall be submitted with the building permit and shall note all proposed
structures, parking and setbacks;
8.
On-site signs shall conform to the provisions of this section;
9.
Submittal of a cash bond in the amount of one thousand dollars to insure the removal
of materials, personal property and structures, or the conversion of the office back to
a garage, if applicable. The bond will not be released until a site inspection
determines that the removal and/or conversion has occurred. (Ord. 4214 §14, 1992;
Ord. 3606 §65, 1986: Ord. 3366 §56, 1983; Ord. 3364 §40, 1983; prior code
§9720(c))
17.70.100 Uses requiring special use permit. The following uses are allowed only after obtaining a
special use permit therefor from the planning commission:
A.
The packing and processing of agricultural or wood products and the necessary buildings and
structures required therefor where the nature of the product is changed;
B.
The mining or drilling of minerals or petroleum;
C.
The construction of schools, churches, cemeteries, parks, golf courses, public utility
structures;
D.
Reserved;
E.
Other sign sizes and applicable general provisions as itemized in Chapters 17.14, 17.16 and
17.18;
F.
Airports, heliports, landing strips and their accessory uses and structures where they do not
constitute a nuisance to adjacent properties;
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El Dorado County Zoning Ordinance
G.
H.
I.
J.
Home occupations not listed in subsection C of Section 17.70.090 which require special
consideration such as the use of power tools, accessory building, noise, and will not change
the residential character of the premises or adversely affect the other uses permitted in a
residential area;
Reserved;
Kennel, as defined in subsection 18 of Section 6.04.020;
Community care facilities, as defined in Section 17.06.050(H). (Ord. 4002 §3, 1989: Ord.
3606 §66, 1986: Ord. 3439 §8, 1984: Ord. 3419 §10, 1984: Ord. 3366 §57, 1983; Ord.
3364 §41, 1983; prior code §9720(d))
17.70.110 Development standards. The following building provisions shall apply in the RE-10
districts unless and until a variance is obtained from the planning commission or zoning
administrator:
A.
Minimum lot area of ten acres;
B.
No maximum building coverage;
C.
Minimum lot width of one hundred fifty feet;
D.
Minimum yard setbacks: front and rear, thirty feet (30'); sides, thirty feet (30'), except the
side yard shall be increased one foot for each additional foot of building height in excess of
twenty-five feet (25'). (Ord. 4236, 1992).
E.
Minimum agriculture structural setbacks of fifty feet on all yards;
F.
Maximum building heights, forty-five feet (45') (Ord. 4236, 1992)
G.
Minimum dwelling unit area, six hundred square feet of living area is required. Minimum
dwelling unit area provisions are not applicable to additions to existing dwellings;
H.
Location of the parcel in relation to surrounding land use, the success and stability of
agricultural enterprises can be profoundly influenced by the zoning and use of immediately
adjacent lands. A buffer area of fifty feet will be required on the inside of a boundary where
land zoned estate residential ten acres abuts planned agricultural zone lands which are
currently not in horticultural and timber production. Variances to the above will be considered upon recommendation of the agricultural commission. The development of a
dwelling or noncompatible use shall be one hundred feet from any existing horticultural or
timber enterprise. Noncompatible uses are defined as, but not limited to:
1.
Residential structures,
2.
Nursing homes,
3.
Public and private schools,
4.
Playgrounds,
5.
Swimming pools,
6.
Fish ponds. (Ord. 3606 §67, 1986: Ord. 3366 §§58, 59, 1983; prior code §9720(e))
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Chapter 17.71
ECOLOGICAL PRESERVES
Sections:
17.71.010
17.71.200
17.71.210
17.71.220
17.71.230
17.71.240
17.71.250
17.71.260
17.71.270
17.71.280
17.71.290
17.71.300
Definitions.
Mitigation and Fee in Lieu of Mitigation.
On-site Mitigation in Mitigation Area 0.
Off-site Mitigation or Fee Payment in Lieu of Ecological Preserve Mitigation in
Mitigation Areas 1 and 2.
Ecological Preserve Fee; Formula.
Annual Fee Review.
Time of Fee Payment.
Exemption or Credits.
Accounting.
Handling.
Appeals.
Termination of Mitigation Requirement or Fee in Lieu of Mitigation.
17.71.010 Definitions. Whenever the following words are used in this chapter, they shall have the
meaning herein ascribed to them.
A.
"California Endangered Species Act" or "State Endangered Species Act" means those
statutes found at California Fish and Game Code sections 2050-2098 and implementing
regulations.
B.
"California Environmental Quality Act" or "CEQA" means those statutes set forth at
California Public Resources Code section 21000 et seq. The "CEQA Guidelines" are set
forth at the California Code of Regulations, Title 14, Section 15000 et seq.
C.
"California Department of Fish and Game" or "DFG" means the California State Department
of Fish and Game, a part of the State Resources Agency.
D.
"Development Project" means any project undertaken for the purpose of development.
"Development project includes a project involving the issuance of any discretionary or
ministerial approval or permit, including a permit for construction or reconstruction, but not
a permit to operate.
E.
"Ecological Preserve" means an area officially designated as such on General Plan maps on
file in the County Planning Department.
F.
"Ecological Preserve Mitigation" means on and off-site mitigation standards that address
direct or indirect impacts on rare plants or rare plant habitat and includes the Rare Plant
Off-Site Mitigation Program.
G.
"EID" means the El Dorado County Irrigation District.
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267
H.
I.
J.
K.
L.
"Federal Endangered Species Act" means those federal statutes found at 16 U.S.C. 1531 et
seq. and implementing regulations.
"Mitigation Area 0" means lands within an Ecological Preserve as shown officially on maps
on file in the County Planning Department.
“Mitigation Area 1" means lands outside of Mitigation Area 0 but within the area described
as the "rare soils study area," shown officially on maps on file in the County Planning
Department.
"Mitigation Area 2" means lands outside of Mitigation Areas 0 and 1 but within the EID
service area, excluding those parcels served by wells, shown officially on maps on file in the
County Planning Department.
"Rare plants" or "Pine Hill endemics" means plants found in serpentine or gabbroic soils that
are considered rare, threatened or endangered on a state or federal list prepared under the
Endangered Species Acts. At the time of adoption of this chapter, rare plants included the
species listed below. Other plant species added to the state or federal lists in the future are
automatically deemed to be included here, unless the county is notified by the DFG that the
added species habitat requires modification of this chapter.
El Dorado bedstraw
Laynes butterweed
Pine Hill ceanothus
Pine Hill flannel bush
Stebbins' morning glory
Bisbee Peak rush rose
El Dorado mule ears
Red Hills soaproot
M.
N.
O.
Galium californicum ssp. sierrae
Senecio layneae
Ceanothus roderickii
Fremontodendron californicum ssp. decumbens
Calystegia stebbinsii
Helianthemum suffrutescens
Wyethia reticulata
Chlorogalum grandiflorum
"Rare Plant Off-Site Mitigation Program" means acquiring and restoring rare plant habitat
through the purchase of fee interests or conservation easements of land within a designated
Ecological Preserve. Acquisition and Restoration of rare plant habitat must be equal to 1.5
times the number of acres developed. Off-site mitigation must be conducted according to
guidelines established by the county and will be subject to review by representatives of
USFSWS and DFG. The land or development rights purchased must be dedicated to a
specified resource protection agency such as the Bureau of Land Management, DFG or a
designee of the agency.
"USBR" means the United States Bureau of Reclamation.
"USFWS" means the United States Fish & Wildlife Service.
17.71.200 Ecological Preserve Mitigation and Fee in Lieu of Mitigation. There are hereby
established an Ecological Preserve Mitigation requirement comprised of on-site and off-site
mitigation standards and an ecological preserve fee in lieu of such mitigation. The amounts of the
fee shall be established periodically by resolution of the board of supervisors and shall be based on
the formula set forth in this Ordinance.
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17.71.210 On-site Mitigation in Mitigation Area 0. Development within Mitigation Area 0 will
continue to address mitigation for impacts to rare plants on an individual basis. Within Mitigation
Area 0, on-site mitigation is strongly encouraged. Developments within Mitigation Area 0 shall
mitigate impacts by exercising one of the following three options:
A.
Set aside a part of the property and dedicate a perpetual conservation easement for habitat
protection; or
B.
Cluster development in the least environmentally sensitive portion of the property according
to the Implementation Strategy adopted by the County in March 1993 and receive in
appropriate cases a density bonus in return for dedication of a perpetual conservation
easement over the remainder of the property; or
C.
Provide an independent mitigation plan that meets CEQA requirements, such as the purpose
of long-term protection of an amount of habitat in the same Ecological Preserve and as close
to the development site as feasible, equal to at least 1.5 times the acreage developed.
Option B, above, shall apply only to properties greater than five (5) acres in area.
17.71.220 Off-site Mitigation or Fee Payment in Lieu of Ecological Preserve Mitigation in
Mitigation Areas 1 and 2. Payment of a fee in lieu of Ecological Preserve Mitigation is encouraged
in Mitigation Areas 1 and 2. Developments in Mitigation Areas 1 and 2 shall mitigate impacts by
exercising one of the following two options:
A.
Pay the appropriate fee in lieu of Ecological Preserve Mitigation for the direct or indirect
impacts caused by development on rare plants and rare plant habitat; or
B.
Participate in the Rare Plant Off-Site Mitigation Program.
17.71.230 Ecological Preserve Fee; Formula. The amount of the fee is based on the following
formula: Mitigation Areas 1 and 2 are each assigned 50% of the total local cost of the Rare Plant
Mitigation Program, based upon the probability that 50% of the total adverse impact of development
on rare plant habitat will be caused by future development within each Mitigation Area. The fee is
then charged on a per dwelling unit equivalent basis, where one single-family unit equals one
dwelling unit equivalent, one multi-family unit equals 0.75 dwelling unit equivalent, and 1,500 sq. ft.
of commercial space equals one dwelling unit equivalent. The actual amount of the fees per
dwelling unit equivalent in Mitigation Areas 1 and 2 are as set forth in the then-current board of
supervisors resolution establishing the actual fee amounts.
17.71.240 Annual Fee Review. The fee amounts shall be reviewed on an annual basis and adjusted
as necessary to insure that the anticipated fees are no more and no less than required for the purpose
for which they are collected.
17.71.250 Time of Fee Payment. The fee is due at the time of final inspection or certificate of
occupancy, whichever is first, unless the board of supervisors in adopting the fee resolution
establishes that the fee may be collected at any earlier time.
17.71.260 Exemption or Credits. If the county planning director in consultation with DFG and
USFWS finds that a development project which has already received all needed discretionary
approvals at the effective date of this chapter has already met its mitigation obligations in whole or
in part, such project will be exempted or credited against its Rare Plant Mitigation Obligation or fee
in lieu thereof to a degree equivalent to the mitigation already provided. No other exemptions or
credits to the Rare Plant Mitigation or fee in lieu thereof shall be allowed.
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17.71.270 Accounting. The county shall maintain a separate rare plant ecological preserve account
for fees collected, and provide an accounting within sixty (60) days of the close of each fiscal year.
Any person may request an audit of the fund. In addition, the county shall make findings each fifth
fiscal year following the first deposit into the fund with respect to unexpended portions of the fund,
in which the county: identifies the purpose to which the fee is to put; demonstrates a reasonable
relationship between the fee and the purpose for which it is charged; identifies all sources and
amounts of funding anticipated to complete financing; and designates the approximate dates on
which the funding is expected to be deposited.
17.71.280 Handling. The fee shall be collected by the county building department. The county
treasurer shall maintain the account. The county planning department, in consultation with DFG and
USFWS, shall make recommendations to the board of supervisors regarding the expenditures of
funds from the account to acquire or maintain designated preserve land.
17.71.290 Appeals. An appeal from a decision made pursuant to this Ordinance shall be in
accordance with the appeals procedures set forth in chapter 17.08 of the county ordinance code,
expect that DFG shall also be notified of the appeal hearing in writing at least five (5) days in
advance of the hearing.
17.71.300 Termination of Mitigation Requirement or Fee in Lieu of Mitigation. The requirements
of mitigation or payment of a fee in lieu of Ecological Preserve Mitigation shall terminate at such
time as the board of supervisors finds, and DFG and USFSWS concur, that a fully funded system of
five (5) rare plant preserves has been established in the on-going operation and maintenance of said
preserves is fully funded. (Ord. 4500, 1998)
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Chapter 17.72
ENVIRONMENTAL IMPACT REPORTS
Sections:
17.72.010
17.72.020
17.72.030
17.72.040
17.72.050
17.72.060
17.72.070
17.72.080
17.72.090
17.72.100
17.72.110
17.72.120
17.72.130
17.72.140
17.72.150
Purpose of provisions.
Definitions.
Required.
Preliminary description form.
Contents.
Purpose of report.
Degree of specificity.
Mandatory findings of significance.
Project description.
Environmental setting description.
Impact evaluation.
Identification of consulted persons and organizations.
Water quality.
Final report contents.
Categorical exemptions.
17.72.010 Purpose of provisions. These guidelines will establish procedures for the identification
and analysis of environmental impacts, and the preparation and processing of environmental impact
reports when significant impacts on the environment are anticipated. (Prior code §9801)
17.72.020 Definitions. Whenever the following words are used in these guidelines, unless
otherwise defined, they shall have the meaning ascribed to them in this chapter. These definitions
are intended to clarify but not to replace or negate the definitions used in CEQA:
A.
“Applicant” means a person who proposes to carry out a project which needs a lease, permit,
license, certificate or other entitlement to use of financial assistance from one (1) or more
public agencies when that person applies for the governmental approval or assistance.
B.
“Approval” means the decision by a public agency which commits the agency to a definite
course of action in regard to a project intended to be carried out by any person. The exact
date of approval of any project is a matter determined by each public agency according to its
rules, regulations and ordinances. Legislative action in regard to a project often constitutes
approval.
In connection with private activities, approval occurs upon the earliest commitment to issue
or the issuance by the public agency of a discretionary contract, grant, subsidy, loan or other
form of financial assistance, lease, permit, license, certificate or other entitlement for use of
the project.
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271
C.
D.
E.
F.
272
“Categorical exemption” means an exception from the requirements for the preparation of an
environmental impact report for a class of projects based on a finding by the Secretary for
Resources that the class of projects does not have a significant effect on the environment.
“Determining significant effect” means:
1.
The determination of whether a project may have a significant effect on the
environment calls for careful judgment on the part of the public agency involved,
based to the extent possible on scientific and factual data. An ironclad definition of
significant effect is not possible because the significance of an activity may vary with
the setting. For example, an activity which may not be significant in an urban area
may be significant in a rural area and vice versa. There may be a difference of
opinion on whether a particular effect should be considered adverse or beneficial, but
where there is, or anticipated to be, a substantial body of opinion that considers or
will consider the effect to be adverse, the public agency shall prepare an EIR to
explore the environmental effects involved.
2.
In evaluating the significance of the environmental effect of a project, the public
agency shall consider both primary and secondary consequences. Primary consequences are immediately related to the project (the construction of a new treatment
plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an
impact upon the resource base, including land, air, water and energy use of the area
in question may result from the population growth).
3.
Some examples of consequences which may have a significant effect on the
environment in connection with most projects where they occur, include the
following:
a.
Is in conflict with environmental plans and goals that have been adopted by
the community where the project is to be located;
b.
Has a substantial and demonstrable negative aesthetic effect;
c.
Substantially affects a rare or endangered species of animal or plant, or
habitat of such a species;
d.
Causes substantial interference with the movement of any resident or
migratory fish or wildlife species;
e.
Breaches any published national, state or local standards relating to solid
waste or litter control;
f.
Results in a substantial detrimental effect on air or water quality or on
ambient noise levels for adjoining areas;
g.
Involves the possibility of contaminating a public water supply system or
adversely affecting ground water;
h.
Could cause substantial flooding, erosion or siltation;
i.
Is subject to major geologic hazards.
“Discretionary project” means an activity defined as a project which requires the exercise of
judgment, deliberation, or decision on the part of the public agency or body in the process of
approving or disapproving a particular activity, as distinguished from situations where the
public agency or body merely has to determine whether there has been conformity with
applicable statutes, ordinances or regulations.
“Emergency” means a sudden and catastrophic calamity caused by an occurrence or
combination of occurrences of statewide or local impact, such as fire, flood, earthquake or
other natural disaster, riot, war, accident or sabotage.
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“Environment” means the physical conditions which exist in the area which will be affected
by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise,
objects of historic or aesthetic significance.
“Environmental impact report” is an informational document which, when fully prepared in
accordance with the CEQA and these guidelines, will inform public decisionmakers and the
general public of the environmental effects of projects they propose to carry out or approve.
The EIR process is intended to enable public agencies to evaluate a project to determine
whether it may have a significant effect on the environment, examine and institute methods
of reducing adverse impacts, and consider alternatives to the project proposed. These things
must be done prior to approval or disapproval of the project. An EIR may not be used as an
instrument to rationalize approval of a project, nor do indications of adverse impact, as
enunciated in an EIR, require that a project be disapproved, public agencies retain existing
authority to balance environmental objectives with economic and social objectives.
“Environmental Quality Act (CEQA)” means Public Resources Code sections 21000 through
21174.
“Initial study” means a preliminary analysis prepared pursuant to section 15080 of the
California State Guidelines to determine whether an EIR or a negative declaration must be
prepared.
“Lead agency” means the public agency which has the principal responsibility for carrying
out or approving a project which may have a significant effect on the environment where
more than one public agency is involved with the same underlying activity.
“Local agency” means any public agency other than a state agency, board or commission.
Local agency includes but is not limited to cities, counties, charter cities and counties,
special districts, redevelopment agencies and any board, commission or organizational
subdivision of a local agency when so designated by order or resolution of the governing
legislative body of the local agency.
“Mandatory findings of significance” means, in every case where any of the following
conditions are found to exist as a result of a project, the project will be found to have a
significant effect on the environment:
1.
Impacts which have the potential to degrade the quality of the environment, curtail
the range of the environment;
2.
Impacts which achieve short-term, to the disadvantage of long-term, environmental
goals. A short-term impact on the environment is one which occurs in a relatively
brief, definitive period of time while long-term impacts will endure well into the
future;
3.
Impacts for a project which are individually limited, but cumulatively considerable.
A project may impact on two or more separate resources where the impact on each
resource is relatively small. If the effect of the total of those impacts on the
environment is significant, an EIR must be prepared. This mandatory finding of
significance does not apply to two or more separate projects where the impact of
each is insignificant.
4.
The environmental effects of a project will cause substantial adverse effects on
human beings, either directly or indirectly.
“Ministerial projects” as a general rule include those activities defined as projects which are
undertaken or approved by a governmental decision which a public officer or public agency
makes upon a given state of facts in a prescribed manner in obedience to the mandate of legal
authority. With these projects, the officer or agency must act upon the given facts without
regard to his own judgment or opinion concerning the propriety or wisdom of the act
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although the statute, ordinance or regulation may require, in some degree, a construction of
its language by the officer.
“Negative declaration” means a statement by the lead agency briefly presenting the reasons
that the project, although not otherwise exempt, would not have a significant effect on the
environment and therefore does not require an EIR.
“Notice of completion” means a brief report filed with the Secretary for Resources as soon as
a public agency has completed a draft EIR and is prepared to send out copies for review.
“Notice of determination” means a brief notice to be filed by a public agency when it
approves or determines to carry out a project which is subject to the requirements of CEQA.
“Person” includes any person, firm, association, organization, partnership, business, trust,
corporation, company, district, county, city and county, city, town, the state, and any of the
agencies' political subdivisions of such entities.
“Project” means the whole of an action, resulting in physical impact on the environment,
directly or ultimately, that is any of the following:
1.
An activity directly undertaken by any public agency including, but not limited to,
public works construction and related activities, clearing or grading of land,
improvements to existing public structures, enactment and amendment of zoning
ordinances, and the adoption of local general plans or elements thereof;
2.
An activity undertaken by a person which is supported in whole or in part through
public agency contracts, grants, subsidies, loans, or other forms of assistance from
one or more public agencies;
3.
An activity involving the issuance to a person of a lease, permit, license, certificate
or other entitlement for us by on or more public agencies.
“Project” does not include:
1.
Anything specifically exempted by state law;
2.
Proposals for legislation to be enacted by the State Legislature;
3.
Continuing administrative or maintenance activities, such as purchases for supplies,
personnel-related actions, emergency repairs to public service facilities, general
policy and procedure making (except as they are applied to specific instances
covered above), feasibility or planning studies;
4.
The submittal of proposals to a vote of the people of the state or of a particular
community.
“Public agency” includes any state agency, board or regional agency, as defined in these
guidelines. It does not include the courts of the state. This term does not include agencies of
the federal government.
“Responsible agency” means the public agency which proposes to undertake or approve a
project, and is responsible for making a negative declaration or for the preparation of an EIR.
“Significant effect” means a substantial adverse impact on the environment. (Prior code
§9802)
17.72.030 Required. The California Environmental Quality Act, Public Resources Code section
21,000 et seq., requires that environmental impact reports be submitted for all public and private
projects in the county which have a significant impact upon the environment. The environmental
impact reports, when required, will be submitted to the planning commission and will conform to the
guidelines adopted by the board of supervisors on February 5, 1974. (Prior code §9803)
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17.72.040 Preliminary description form.
A.
All proposed projects or applications for permits or approvals from county governmental
agencies which are not waived through the categorical exemption procedure or deemed to be
ministerial actions will require a preliminary environmental description form to be filed.
This form is to determine whether or not the proposed project may have a significant effect
on the environment. Where a permit or other approval is required by the planning
commission, a preliminary environmental description form will be filed with the planning
department. Where a permit or other approval is required by another department, a
preliminary environmental description form will be filed with the interested department.
B.
The description form will be reviewed by the appropriate department for determination as to
whether or not the project will cause a significant impact. If it is determined that the project
will not cause a significant environmental impact, the department shall make such
declaration on the description form, and this shall be deemed to be a negative declaration.
This form shall be filed with the county clerk for not less than ten (10) calendar days, except
thirty (30) days shall be provided where state or federal agencies are considered to be the
responsible agency, as a public review period prior to any decision being rendered upon the
project.
C.
If the department determines that there will be a significant environmental impact, a draft
environmental impact report will be prepared by the applicant who shall submit a sufficient
number of copies as determined by the community development director for review and
comment by the planning division. A fee as set by resolution of the board of supervisors
shall be paid to the planning department at the time of submission of a draft EIS for processing and staff preparation of the final EIR.
D.
If a project is proposed by a county department, the department originating the project shall
be deemed to be the applicant and the fee will be waived.
E.
When a decision has been rendered upon a project by the appropriate board or commission, a
notice of determination will be filed with the county clerk noting the results of that decision.
(Ord. 3514 §5, 1985: prior code §9804)
17.72.050 Contents. Environmental impact reports shall contain the information outlined in
Sections 17.72.060 through 17.72.080. (Prior code §9810(part))
17.72.060 Purpose of report. An environmental impact report is an informational document which,
when fully prepared in accordance with CEQA and these guidelines, will inform public
decisionmakers and the general public of the environmental effects of projects they propose to carry
out or approve. The EIR process is intended to enable public agencies to evaluate a project to
determine whether it may have a significant effect on the environment, to examine and institute
methods of reducing adverse impacts, and to consider alternatives to the project as proposed. These
things must be done prior to approval or disapproval of the project. An EIR may not be used as an
instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in
an EIR require that a project be disapproved. While CEQA requires that major consideration be
given to preventing environmental damage, it is recognized that public agencies have obligations to
balance other public objectives, including economic and social factors, in determining whether and
how a project should be approved. Economic information may be included in an EIR or may be
presented in whatever form the agency desires. (Prior code §9810(part))
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17.72.070 Degree of specificity. The degree of specificity required in an EIR will correspond to the
degree of specificity involved in the underlying activity which is described in the EIR. (Prior code
§9810(part))
17.72.080 Mandatory findings of significance. In every case where any of the following conditions
are found to exist as a result of a project, the project shall be found to have impacts with a significant
effect on the environment:
A.
Impacts which have the potential to degrade the quality of the environment or curtail the
range of the environment;
B.
Impacts which achieve short-term, to the disadvantage of long-term, environmental goals. A
short-term impact on the environment is one which occurs in a relatively brief, definitive
period of time while long-term impacts will endure will into the future;
C.
Impacts for a project which are individually limited, but cumulatively considerable. A
project may affect two (2) or more separate resources where the impact on each resource is
relatively small. If the effect of the total of those impacts on the environment is significant,
an EIR must be prepared. This mandatory finding of significance does not apply to two (2)
or more separate projects where the impact of each is insignificant;
D.
The environmental effects of a project will cause substantial adverse effects on human
beings, either directly or indirectly. (Prior code §9810(part))
17.72.090 Project description. The description of the project shall contain the following information
but should not supply extensive detail beyond that needed for evaluation and review of the
environmental impact:
A.
The precise location and boundaries of the proposed project shall be shown on a detailed
map, preferably topographic. The location of the project shall also appear on a regional map;
B.
A statement of the objectives sought by the proposed project;
C.
A general description of the project's technical, economic and environmental characteristics,
considering the principal engineering proposals. (Prior code §9811)
17.72.100 Environmental setting description. An EIR must include a description of the environment
in the vicinity of the project, as it exists before commencement of the project, from both a local and
regional perspective. Knowledge of the regional setting is critical to the assessment of
environmental impacts. Special emphasis should be placed on environmental resources that are rare
or unique to that region. Specific reference to related projects, both public and private, both existent
and planned, in the region, should also be included for purposes of examining the possible
cumulative impact of the projects. (Prior code §9812)
17.72.110 Impact evaluation. All phases of a project must be considered when evaluating its impact
on the environment, planning, acquisition, development and operation. The following subjects shall
be discussed, preferably in separate sections or paragraphs:
A.
The Environmental Impact of the Proposed Action. Describe the direct and indirect impacts
of the project on the environment, giving due consideration to both the short-term and
long-term effects. It should include specifics of the area, the resources involved, physical
changes, alterations to ecological systems and changes induced in population distribution,
population concentration, the human use of the land (including commercial and residential
development) and other aspects of the resource base such as water, scenic quality and public
services.
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B.
C.
D.
E.
F.
G.
H.
Any Adverse Environmental Effects Which Cannot be Avoided if the Proposal is
Implemented. Describe any adverse impacts, including those which can be reduced to an
insignificant level but not eliminated. Where there are impacts that cannot be alleviated
without imposing an alternative design, their implications and the reasons why the project is
being proposed, notwithstanding their effect, should be described. Do not neglect impacts on
any aesthetically valuable surroundings or in human health.
Mitigation Measures Proposed to Minimize the Impact. Describe any mitigation measures
written into the project plan to reduce significant environmentally adverse impacts to
insignificant levels, and the basis for considering these levels acceptable. Where a particular
mitigation measure has been chosen from among several alternatives should be discussed
and reasons should be given for the choice made.
Alternative to the Proposed Action. Describe any known alternatives to the project, or to the
location of the project, which could feasibly attain the basic objectives of the project, and
why they were rejected in favor of the ultimate choice. The specific alternative of "no
project" must also always be evaluated, along with the impact.
Attention should be paid to alternatives capable of substantially reducing or eliminating any
environmentally adverse impacts, even if these alternatives substantially impede the
attainment of the project objectives, and are more costly.
The Relationship Between Local Short-term Uses of Man's Environment and the
Maintenance and Enhancement of Long-term Productivity. Describe the cumulative and
long-term effects of the proposed project which adversely affect the state of the environment.
Special attention should be given to impacts which narrow the range of beneficial uses of the
environment or pose long-term risks to health safety. In addition, the reasons why the
proposed project is believed by the sponsor to be justified now, rather than reserving an
option for further alternatives, should be explained.
Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action
Should It be Implemented. Uses of nonrenewable resources during the initial and continued
phases of the project may be irreversible since a large commitment of the resources makes
removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts
(such as a highway improvement which provides access to a nonaccessible area) generally
commit future generations to similar uses. Also, irreversible damage can result from
environmental accidents associated with the project. Irretrievable commitments of resources
should be evaluated to assure that such current consumption is justified.
The Growth-inducing Impact of the Proposed Action. Discuss ways in which the proposed
project could foster economic or population growth, either directly or indirectly, in the
surrounding environment. Included in this are projects which would remove obstacles to
population growth (a major expansion of waste water treatment plant might, for example,
allow for more construction inservice areas). Increases in the population may further tax
existing community service facilities so consideration must be given to this impact. Also
discuss the characteristics of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It
must not be assumed that growth in any area is necessarily beneficial, detrimental or of little
significance to the environment.
Water and Sewer Status. A detailed discussion outlining the present and future abilities of
the proposed water and/or sewer service purveyors to supply services to that project in
question. The report shall describe, but not be limited to, the area of proposed service, the
existing and proposed transportation and storage facilities, the effect of this proposed service
upon existing services outside the project boundaries in relation to total water availability of
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the amounts proposed to be delivered and currently being delivered. The discussion shall
cover the proposed levels and quality of service in relation to existing state and local
standards regarding water and sewer services. (Prior code §9813)
17.72.120 Identification of consulted persons and organizations. The identity of all federal, state or
local agencies, other organizations and private individuals consulted in preparing the EIR, and the
identity of the persons, firm or agency preparing the EIR, by contract or other authorization, must be
given. (Prior code §9814)
17.72.130 Water quality. With respect to water quality aspects of the proposed project which have
been previously certified by the appropriate state or interstate organization as being in substantial
compliance with applicable water quality standards, reference to the certification should be made.
(Prior code §9815)
17.72.140 Final report contents.
A.
The final EIR shall consist of the draft EIR containing the elements described in this chapter,
a section containing the comments received through the consultation process either verbatim
or in summary, and the response of the responsible agency to the significant environmental
points raised in the review and consultation process.
B.
The response of the responsible agency to comments received may take the form of a
revision of the draft EIR. The response shall describe the disposition of significant
environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated
impacts or objections). In particular, the major issues raised when the responsible agency's
position is at variance with recommendations and objections raised in the comments and
suggestions were not accepted, and factors of overriding importance warranting an override
of the suggestion. (Prior code §9816)
17.72.150 Categorical exemptions. Section 21084 of the Public Resources Code requires these
guidelines to include a list of classes of projects which have been determined not to have a
significant effect on the environment and which shall, therefore, be exempt from the provisions of
the Environmental Quality Act of 1970.
In response to that mandate, the Secretary for Resources has found that the following classes of
projects listed in this section do not have a significant effect on the environment and they are
declared to be categorically exempt from the requirement for the preparation of an EIR:
A.
Class 1--Existing Facilities. Class 1 consists of the operation, repair, maintenance or minor
alteration of existing public or private structures, facilities, mechanical equipment or
topographical features, involving negligible or no expansion of use beyond that previously
existing, including, but not limited to:
1.
Interior or exterior alteration involving such things as interior partition, plumbing and
electrical conveyances;
2.
Existing facilities of both investor and publicly owned utilities used to convey or
distribute electric power, natural gas, sewage, etc.;
3.
Existing highways and streets (within already established rights-of-way), sidewalks,
gutters, bicycle and pedestrian trails and similar facilities;
4.
Restoration or rehabilitation of deteriorated or damaged structures, facilities or
mechanical equipment to meet current standards of public health and safety, unless it
is determined that the damage was substantial and resulted from an environmental
hazard such as earthquake, landslide or flood;
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5.
B.
C.
D.
Additions to existing structures; provided, that the addition will not result in an
increase of more than fifty percent (50%) of the floor area of the structure before the
addition or alteration, or two thousand five hundred (2,500) square feet, whichever is
less;
6.
Addition of safety or health protection devices for use during construction of or in
conjunction with existing structures, facilities or mechanical equipment or
topographical features (including navigational devices) where these devices do not
have or result in an adverse environmental impact;
7.
New copy on existing on-premises and off-premises signs;
8.
Maintenance of existing landscaping, native growth and water supply reservoirs
(excluding the us of economic poisons, as defined in division 7, chapter 2 of the
Agricultural Code);
9.
Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife
waterway devices, streamflows, springs and water holes, and stream channels
(clearing of debris) to protect fish and wildlife resources;
10.
Fish stocking by the Department of Fish and Game;
11.
Division of existing multiple-family rental units into condominiums;
12.
Demolition and removal of buildings and related structures except where they are of
historical, archaeological or architectural consequence as officially designated by
federal, state or local governmental action.
Class 2--Replacement or Reconstruction. Class 2 consists of replacement or reconstruction
of existing structures and facilities where the new structure will be located on the same site
as the structure replaced and will have substantially the same purpose and capacity as the
structure replaced, including, but not limited to:
1.
Replacement or reconstruction of existing schools and hospitals to provide
earthquake resistant structures which do not increase capacity more than fifty percent
(50%);
2.
Replacement of a commercial structure with a new structure of substantially the same
size and purpose.
Class 3--New Construction of Small Structures. Class 3 consists of construction and location
of single, new facilities or structures listed in this notice and installation of new equipment
and facilities including, but not limited to:
1.
Single-family residences not in conjunction with the building of two (2) or more such
units;
2.
Motels, apartments and duplexes designed for not more than four dwelling units if
not in conjunction with the building of two (2) or more such structures;
3.
Stores, offices and restaurants if designed for an occupant load of twenty (20)
persons or less, if not in conjunction with the building of two or more such structures;
4.
Water main, sewage, electrical, gas and other utility extensions of reasonable length
to serve such construction;
5.
Accessory (appurtenant) structures including garages, carports, patios, swimming
pools and fences.
Class 4--Minor Alteration to Land. Class 4 consists of minor public or private alterations in
the condition of land, water and/or vegetation, including, but not limited to:
1.
Grading on land with a slope of less than ten percent (10%), except where it is to be
located in a waterway, in any wetland, in an officially designated (by federal, state or
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local governmental action) scenic area, or in officially mapped areas of severe
geological hazard;
2.
New gardening or landscaping but not including tree removal;
3.
Filling of earth into previously excavated land with material compatible with the
natural features of the site;
4.
Minor alterations in land, water and vegetation on existing officially designated
wildlife management areas of fish production facilities which result in improvement
of habitat for fish and wildlife resources or greater fish production;
5.
Minor temporary uses of land having negligible or no permanent effects on the
environment, including carnivals, sales of Christmas trees, etc.;
6.
Minor trenching and backfilling where the surface is restored.
Class 5--Alteration in Land Use Limitations. Class 5 consists of minor alterations in land
use limitations, except zoning, including, but not limited to:
1.
Minor lot line adjustments, side yard and setback variances not resulting in the
creation of any new parcel nor in any change in land use or density;
2.
Issuance of minor encroachment permits.
Class 6--Information Collection. Class 6 consists of basic data collection, research,
experimental management and resource evaluation activities which do not result in a serious
or major disturbance to an environmental resource. These may be for strictly information
gathering purposes, or as part of a study leading to an action which a public agency has not
yet approved, adopted or funded.
Class 7--Actions by Regulatory Agencies for Protection of Natural Resources. Class 7
consists of actions taken by regulatory agencies authorized by state law or local ordinance to
assure the maintenance, restoration or enhancement of a natural resource where the
regulatory process involves procedures for protection of the environment. Examples include
but are not limited to wildlife preservation activities of the State Department of Fish and
Game. Construction activities are not included in this exemption.
Class 8--Regulatory Actions for the Protection of the Environment. Class 8 consists of
actions taken by regulatory agencies, as authorized by state or local ordinance to assure the
maintenance, restoration, enhancement or protection of the environment where the regulatory
process involves procedures for protection of the environment. Construction activities are
not included in this exemption.
Class 9--Inspections. Class 9 consists of activities limited entirely to inspection, to check for
performance of an operation, or quality, health or safety of a project, including related
activities such as inspection for possible mislabelling, misrepresentation or adulteration of
products.
Class 10--Loans. Class 10 consists of loans made by the Department of Veterans Affairs
under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of
existing structures where the loan will not be used for new construction and the purchase of
such mortgages by financial institutions. Class 10 includes, but is not limited to the
following examples:
1.
Loans made by the Department of Veterans Affairs under the Veterans Farm and
Home Purchase Act of 1943;
2.
Purchases of mortgages from banks and mortgage companies by the Public
Employees Retirement System and by the State Teachers Retirements System.
Class 11--Accessory Structures. Class 11 consists of construction, or placement of minor
structures accessory to (appurtenant to) existing commercial, industrial or institutional
facilities, including, but not limited to:
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El Dorado County Zoning Ordinance
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1.
On-premises signs;
2.
Small parking lots.
Class 12--Surplus Government Property Sales. Class 12 consists of sales of surplus
government property except for parcels of land located in an area of statewide interest or
potential area of critical concern as identified in the Governor's Environmental Goals and
Policy Report of June 1, 1973.
Exception by Location. Classes 3, 4, 5, 6 and 11 are qualified by consideration of where the
project is to be located; a project that is ordinarily insignificant in its impact on the
environment may in a particularly sensitive environment be significant. Therefore, these
classes are considered to apply in all instances except where the project may impact on an
environmental resource of hazardous or critical concern as may be hereafter designated, precisely mapped and officially adopted pursuant to law by federal, state or local agencies.
Moreover, all exemptions for these classes are inapplicable when the cumulative impact of
successive projects of the same type in the same place over time is significant, for example,
annual additions to an existing building under Class 1. (Prior code §9820)
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Chapter 17.73
Oak Woodland Conservation
Sections:
17.73.010
17.73.020
17.73.030
17.73.040
17.73.050
17.73.060
17.73.070
17.73.080
17.73.090
17.73.100
17.73.110
17.73.120
17.73.130
17.73.140
17.73.150
Purpose and Intent.
Applications.
Exemptions.
Exceptions.
Oak Woodland Conservation Fee in Lieu of Mitigation.
On-site Mitigation.
Off site Mitigation or Fee Payment in Lieu of on-site conservation and replacement
of oak canopy.
Oak Woodlands Conservation Fee; Formula.
Annual Fee Review.
Time of Fee Payment.
Accounting.
Handling.
Determination of Retention of Oak Tree Corridors within an Oak Tree Stand.
Appeals.
Definitions.
17.73.010
Purpose and Intent.
The purpose of this chapter is to provide protection for native oak woodlands through the
establishment of development project mitigation standards for oak canopy removal. It is the intent of
this chapter to implement Policy 7.4.4.4 of the General Plan by setting forth standards for oak
canopy retention and establishing a mitigation in-lieu fee for oak canopy removal for development
projects that will remove oak canopy. It is further the intent to satisfy the provisions of California
Public Resources Code §21083.4.
17.73.020
Applications.
The provisions of this ordinance shall apply to development projects that meet all of the following
criteria:
A.
Result in soil disturbance; and
B.
Remove oak canopy in oak woodlands, as defined in this ordinance; and
C.
Located on parcels that meet one of the following criteria:
1.
Less than or equal to one acre with at least 10% total oak woodland canopy cover; or
2.
Greater than one acre with at least 1% oak woodland canopy cover.
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17.73.030
Exemptions.
The following types of development are exempt from this ordinance:
A.
Agricultural Cultivation – the removal of native vegetation, including oaks, for the purposes
of producing or processing plant and animal products or the preparation of land for this
purpose.
B.
Existing Structure Defensible Space/Fire Safe Measures – Oak tree removal in the 100-foot
defensible space zone around an existing building or structure and fuel modification actions,
inside and outside of the 100-foot defensible space zone of an existing structure.
C.
Public Road and Public Utility Projects – Oak canopy removal necessary to complete County
capital improvement projects when the new alignment is dependent on the existing
alignment. This exemption applies to road widening and realignments which are necessary
to increase capacity, to protect the public’s health, and to improve the safe movement of
people and goods in existing public road rights-of-way, as well as acquired rights-of-way
necessary to complete the project. This exemption shall also apply to removal of oak canopy
necessary to comply with the safety regulations of the Public Utilities Commission and
necessary to maintain a safe operation of utility facilities. The Director of Transportation
shall have the authority to make the determination when an existing alignment restricts
alternatives that would otherwise avoid oak canopy loss.
This exemption shall not apply to new roads or utility installation, or to internal circulation
roads within new development.
17.73.040
Exceptions.
Exceptions to the provisions of this chapter shall apply to the following new development projects as
described below.
A.
Affordable Housing – Development projects that propose a minimum of 10 percent of the
dwelling units as income restricted affordable units, as defined by California Health and
Safety Code §50052.5, 50053, and 50093, shall be granted a reduction in the amount of oak
canopy that is required to be protected, or the amount of conservation in-lieu fee to be paid,
as set forth in Table 1, below:
Table 1: Affordable Housing Reduction
Affordable Housing Type % Reduction of Oak Canopy Mitigation
(Household Income Level) for portion of project that is income
restricted
Very Low
200%
Lower
100%
Moderate
50%
B.
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Example: A project proposes 25% of the units to be affordable in the lower income
category. The amount of on-site retention or Conservation Fund In-Lieu Fee may be reduced
by 25%. A moderate income project that provides all units at that income level may reduce
the retention and/or fee by 50%. A project with 20% very low income units would receive a
40% reduction.
Fire defensible space area for new development projects – The 100-foot defensible space
zone, and fuels modification necessary for implementation of a Fire Safe Plan, is part of the
project footprint and oak canopy removed shall be counted in the project total oak canopy
(Revised December 2009)
El Dorado County Zoning Ordinance
removal. Any oak trees that can be safely retained, even if separated from the oak woodland,
will count as oak canopy retained.
Because of the ability to safely retain some of the oak canopy within the defensible space,
when calculating oak tree canopy loss with new subdivisions and parcel maps, an
applicant may assume 80% retention of the oak tree canopy within the defensible space
area around building pads or sites; or a site specific analysis of tree removal may be
utilized by the applicant instead of the 80% retention assumption.
17.73.050 Oak Woodland Conservation Fee in Lieu of Mitigation. There is hereby established an
Oak Woodland Mitigation requirement for removal of oak canopy due to a development project,
comprised of on-site and off-site mitigation standards and an oak woodland conservation fee in lieu
of such mitigation. The amounts of the fee shall be established by resolution of the Board of
Supervisors and shall be based on a formula which includes sufficient revenue to acquire
conservation easements within Priority Conservation Areas, manage said lands for the purpose of
conserving oak woodland habitat, and the monitoring and reporting on the success of the program.
17.73.060 On-site Mitigation. Oak canopy removed as a result of a development project shall be
mitigated consistent with the canopy retention and replanting/replacement requirements, Mitigation
Option A, of the Oak Woodlands Management Plan, adopted by resolution of the Board of
Supervisors. The canopy retention requirements from the 2004 General Plan Policy 7.4.4.4 are
provided in Table 2.
Table 2: Canopy Retention Requirements from Policy 7.4.4.4
Percent Existing Canopy Cover
Canopy Cover to be Retained
80 – 100
60% of existing canopy cover
60 – 79
70% of existing canopy cover
40 – 69
80% of existing canopy cover
20 – 39
85% of existing canopy cover
10 – 19
90% of existing canopy cover
1 – 9 for parcels > 1 acre
90% of existing canopy cover
17.73.070 Off-site Mitigation or Fee Payment in Lieu of on-site conservation and replacement of
oak canopy. In lieu of on-site conservation and replacement of oak canopy as set forth in
§17.73.060, an applicant for a development project shall mitigate impacts by exercising one of the
following two options:
A.
Pay the appropriate oak woodland conservation fee; or
B.
Acquire and offer to dedicate to the County a conservation easement for off-site oak
woodland at a 2:1 ratio of conservation easement area for oak tree canopy area removed in
excess of that required to be retained as set forth in §17.73.060.
17.73.080 Oak Woodlands Conservation Fee; Formula. The amount of the fee is based on the
following formula: For each acre, or fraction thereof, of oak canopy removed as a result of a
development project, in excess of the canopy retention requirements set forth in §17.73.060, the
applicant shall pay into the Oak Woodlands Conservation Fund an amount two times the per acre
fee, as set forth by resolution of the Board of Supervisors establishing the actual fee amount. When
an applicant retains the required amount of oak canopy as set forth in §17.73.060, and elects to pay
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the fee in lieu of replanting oak trees on-site, the amount for the replacement in-lieu fee shall be
equal to the fee amount per acre.
17.73.090 Annual Review. The Board of Supervisors shall annually review the success of the
conservation fund in-lieu fee program with regard to the ability to acquire conservation easements on
oak woodland habitat, the costs of management and maintenance of oak woodlands, and the amount
of the fee. The Board may adjust the fee based on changing land values, acquisition costs, inflation,
acreage of oak woodland preserved through conservation easements compared to oak canopy lost
due to development, or other applicable factors.
17.73.100 Time of Fee Payment. The fee is due at the time of issuance of first building or grading
permit that authorizes construction activity resulting in oak tree canopy removal. The payment of the
fee may be phased to reflect the timing of the tree canopy removal. Payment of the fee may be
deferred to the building permit phase for that area of subdivision map or planned development that
will only be disturbed when improvements are constructed that displace canopy. Payment of fees
applicable to road and other infrastructure improvements shall be paid at the time the final map is
recorded or a grading or similar permit is issued for said construction activity.
17.73.110 Accounting. The County shall maintain a separate oak woodland conservation fund
account for fees collected, and provide an accounting by March 31 of each year. Any person may
request an audit of the fund. In addition, the County shall make findings each fifth year following
the first deposit into the fund with respect to unexpended portions of the fund, in which the County
identifies the purpose to which the fee is to put and demonstrates a reasonable relationship between
the fee and the purpose for which it is charged.
17.73.120 Handling. The fee shall be collected by the County Development Services Department.
The County Treasurer shall maintain the account. The County Development Services Department
shall make recommendations to the Board of Supervisors regarding the expenditures of funds from
the account to acquire, monitor, and maintain designated oak woodland conservation land.
17.73.130 Appeals. An appeal from a decision made pursuant to this Ordinance shall be in
accordance with the appeals procedures set forth in Chapter 17.08 of the County ordinance code.
17.73.140 Definitions. Whenever the following words are used in this chapter, they shall have the
meaning herein ascribed to them.
A.
"California Environmental Quality Act" or "CEQA" means those statutes set forth at
California Public Resources Code section 21000 et seq. The "CEQA Guidelines" are set
forth at the California Code of Regulations, Title 14, Section 15000 et seq.
B.
“Conservation easement” means a legal agreement a property owner makes to restrict the
type and amount of development that may take place on his or her property.
C.
“Defensible space” means the 100-foot area around an existing structure, or to the property
line, whichever is closer.
D.
"Development Project" means the division of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation, or enlargement of any structure;
any mining, excavation, landfill, or land disturbance; and any use or extension of the use of
land, excepting agriculture.
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E.
F.
G.
H.
I.
“Oak Canopy” means the foliar cover of an oak tree or trees to the drip line (including
twigs, branches, and leaves). Where more than one oak tree’s branches touch or overlap,
they form one continuous cover or oak canopy.
“Oak Tree” means a native tree of the genus Quercus, of any size or age.
“Oak Woodland” is defined in the Oak Woodland Conservation Act (Fish and Game Code
§1361) as an oak stand with greater than ten percent canopy cover or that may have
historically supported greater than ten percent canopy cover. For the purposes of this
ordinance, the conservation focus is on existing oak woodlands. This definition includes all
sizes and ages of the genus Quercus.
“Priority Conservation Area” means those areas identified in the Oak Woodland
Management Plan identifying oak woodland habitat where willing landowners could be
approached to negotiate oak woodland mitigation and acquisition of conservation easements.
“Qualified Professional” means one of the following:
1.
Certified Arborist is a person certified by the International Society of Arboriculture
(ISA), American Society of Consulting Arborists (ASCA), or other recognized
professional organization of arborists that provides professional advice and licenses
professionals to do physical work on trees.
2.
Certified Rangeland Manager is a person licensed by the State of California through
the California State Board of Forestry. Certified Rangeland Managers apply
scientific principles to the art and science of managing rangelands and are recognized
by the California Section, Society for Range Management as meeting the education,
experience, and ethical standards for professional rangeland managers.
3.
Qualified Biologist is a person who meets qualifications as determined by the
Director of Development Services. A qualified biologist has a BA/BS or advanced
degree in biological sciences or other degree specializing in the natural sciences,
professional or academic experience as a biological field investigator, taxonomic
experience and knowledge of plant and animal ecology, familiarity with plants and
animals of the area including species of concern, and familiarity with the appropriate
County, State, and Federal policies and protocols related to special-status species and
biological surveys.
4.
Registered Professional Forester (RPF) is a person licensed by the State of California
to perform professional services that require the application of forestry principles and
techniques to the management of forested landscapes. RPFs have an understanding
of forest growth, development, and regeneration; forest health; wildfire; soils,
geology, and hydrology; wildlife and fisheries biology, and other forest resources.
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THIS SPACE INTENTIONALLY LEFT BLANK.
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V. DESIGN REVIEW
V. DESIGN REVIEW
Chapter 17.74
DESIGN REVIEW DISTRICTS
Sections:
17.74.010
17.74.020
17.74.030
17.74.040
17.74.045
17.74.050
17.74.060
17.74.070
17.74.075
17.74.080
17.74.085
17.74.090
17.74.095
17.74.100
17.74.105
17.74.110
17.74.115
17.74.120
Title
Purpose
Creation of districts
Sierra design and community design review districts—Restrictions
Meyers Community Plan Design Review Process and Requirements
Design historical districts
Historical building destruction
Design review advisory committees
Design review advisory committees—composition
Compensation
Appointment
Officers
Meetings
Quorum
Lapse of membership
Powers and duties of the design review advisory committee
Application
Fees
17.74.010 Title. This chapter shall be known as the design review ordinance. (Prior code §9395;
Ord. 4228, 1992)
17.74.020 Purpose. The purpose of this chapter is to establish a review process which will provide:
A.
For the protection, enhancement and use of places, sites, buildings and structures having
special character, aesthetic interest and value;
B.
Enhancement of tourism and the economy of the county by protecting and preserving places
having special and unique character and interest. (Prior code §9395.1; Ord. 4228, 1992)
17.74.030 Creation of districts.
A.
The board of supervisors, following consideration by the planning commission, may create
new design review districts. When creating a new design review district, the board of
supervisors shall find that the area(s) proposed is:
1.
An area of special, natural beauty and aesthetic interest forming a basic resource in
the economy of the county; the preservation of which would enhance the character of
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289
2.
3.
the county and local communities and promote tourist attractions; or (Ord. 4228,
1992)
Areas, places, sites, structures or uses which have special historical significance as
identified by an agency representing federal, state or local historical concerns; or
Both subdivisions 1 and 2 of this subsection.
17.74.040 Sierra design and community design review districts—Restrictions.
A.
Any district created pursuant to subsection A1 of Section 17.74.030 shall be designated on
zoning maps as either design Sierra (-DS) or as design community (-DC) as the case may be.
(Ord. 4228, 1992)
B.
All new multifamily, commercial and industrial structures (except structures and sites within
the research and development district) within the boundaries of a Sierra design or community
design district shall conform in exterior styling to that style of architecture described in
subsection C of this section. Approval for compliance with design criteria shall be provided
for in Section 17.74.115. (Ord. 4228, 1992)
C.
The architectural styling for new construction permitted in the Sierra design and the
community design districts (except structures and sites within the research and development
district), shall be that which is exemplified and meets the intent of the community design
guide or the Sierra design guide which shall be adopted by the board of supervisors. These
design guides shall provide guidelines and examples for architectural styles and site design
permitted in the subject districts. (Ord. 4228, 1992)
D.
Structures and site development within the research and development zoning district with a
(DC) designation shall be exempt from the design provisions of this chapter since said
zoning district has been expanded to include architectural style and site design requirements
which are more specific in nature and satisfy the intent of the design review concept. (Ord.
4228, 1992; Ord. 4193 §2, 1991: Ord. 3257 §3, 1982: prior code §9395.3)
E.
The following structures shall be exempt from the review process required in this chapter,
but must still comply with all other applicable provisions of the zoning ordinance:
1.
Wall signs;
2.
Change in text on existing signs;
3.
Internal changes within an existing structure where no external changes or alterations
are proposed;
4.
Minor additions to existing structures wherein the total floor area increase is ten
percent (10%) or less;
5.
Fencing six feet (6') or less in height;
6.
Detached single family residences and accessory structures; and
7.
Temporary uses as provided in Chapter 17.23. (Ord. 4228, 1992)
17.74.045 Meyers Community Plan Design Review Process and Requirements.
A.
Any new development, additions to existing development, change on properties designated
(DC) on the Zoning Map within the Meyers Community Plan, shall be processed as a design
review application. All design review applications shall be subject to applicable zoning
provisions and also be subject to the Meyers Community Plan Design Guidelines as noted
within Appendix A of the Meyers Community Plan. The following activities, however, are
exempt from this design review process:
1.
Internal changes within an existing structure where no external changes or alterations
are proposed;
2.
Change in text on existing signs;
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3.
B.
C.
D.
E.
Those activities listed as being "exempt" or "qualified exempt" in chapters 4 and 26
of the TRPA Code of Ordinances;
4.
Modifications required to bring a use into conformance with the American
Disabilities Act;
5.
Fencing six feet (6') or less in height if not located in a front setback area.
All activities subject to A. above which are no exempt as noted therein, shall be processed as
a design review application by submittal of an application and applicable fee to the planning
department. The planning department shall review the application for compliance with the
Design Guidelines for Meyers Community Plan and applicable zoning regulations, and shall
forward recommendations to the planning commission for those projects which are located
on lots with frontage on either U.S. Highway 50 or State Route 89. Instead of following the
procedures provided in Section 17.74.115 of this chapter, the design review application will
be reviewed and approved, conditionally approved, or denied by the planning commission
based on the Design Guidelines and applicable zoning regulations.
The following minor applications are also exempt from the procedures provided in section
17.74.115, but are subject to applicable zoning regulations and the Design Review
Guidelines as noted in Appendix A of the Meyers Community Plan, and shall be reviewed
and approved, conditionally approved, or denied by the planning department based on those
provisions:
1.
Wall signs;
2.
Internal changes within an existing structure where such changes require additional
parking;
3.
Fencing greater than six feet (6') in height;
4.
Freestanding and monument signs;
5.
Minor increases to existing floor area which do not exceed 5 percent of the existing
floor area or 500 square feet, whichever is less; and
6.
Those projects which are located within a DC overlay district but are located on
parcels which do not have frontage on either U.S. Highway 50 or State Route 89, or
are so situated on the site that the project will not be visible from either highway.
The provisions of this section supersede the provisions of section 17.74.130 of this title,
architectural supervision.
The decision of the planning commission or planning department is final within 10 working
days of their action unless appealed. The action of the planning department is appealed to
the planning commission, and the action of the planning commission is appealed to the board
of supervisors. (Ord. 4364, 1995; Ord. 4322, 1994)
17.74.050 Design historic districts.
A.
Any district created pursuant to subsection A2 of Section 17.74.030 shall be designated on
zoning maps as design historic (-DH).
B.
The creation of historic design review districts (-DH) shall be limited to those areas shown in
the general plan for historic design. (Ord. 4228, 1992)
C.
All new construction of a multifamily residential, commercial or industrial nature shall
conform in exterior styling to that style of architecture referred to as "gold rush" type or
"western frontier" type, as such types are exemplified by the historic design guide adopted by
the board of supervisors. The historic design guide shall provide a guideline for architectural
styles permitted in the subject district. Approval for compliance with design criteria shall be
as provided for in Section 17.74.115. (Ord. 4228, 1992; Ord. 3257 §4, 1982: prior code
§9395.4)
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17.74.060 Historical building destruction.
A.
No historical building in any historic design district may be torn down, demolished,
destroyed, altered, removed, improved or otherwise changed in exterior appearance without
first obtaining approval therefor as provided for in Section 17.74.115. (Ord. 4228, 1992)
B.
If any historical building is damaged or destroyed by any act of God, including but not
limited to earthquake or fire, the owner thereof may repair the building if he secures approval
therefor as provided for in Section 17.74.115. (Ord. 4228, 1992)
C.
"Historical building" refers to any building in an historic design district constructed prior to
the year 1900 and originally intended for use of a residential, commercial or industrial nature
or any use appurtenant thereto. (Ord. 3257 §5, 1982: prior code §9295.5)
17.74.070 Design review advisory committees. The board of supervisors may by resolution
establish design review advisory committees to review and comment upon application for a permit
required under this chapter. Such committees shall be authorized to perform their duties within such
geographic area as defined by the board resolution creating the committee. (Prior code §9395.6:
Ord. 4228, 1992)
17.74.075 Design review advisory committees—composition. A design review advisory committee
shall consist of five members, not including officials of the county. These members shall be
appointed by the board of supervisors, selected as follows:
A.
At least three (3) members shall be residents and owners of property in the area served by the
committee. Two (2) members may be business owners of property within the area and not
be residents. (Ord. 4228, 1992)
17.74.080 Compensation. The appointed members of the design review advisory committee shall
serve without compensation and shall not be entitled to reimbursement of mileage or necessary
expenses by the county. (Ord. 4228 1992)
17.74.085 Appointment. The term of office of each member shall be four (4) years and until the
first appointment and qualification of their successor. The first members shall classify themselves
by lot so that the terms of office of two (2) members is two (2) years, and remaining members is
three (3) years. Members otherwise serve until the appointment and qualification of their successor.
Any member, even though they serve for a term, may be removed by the appointing authority
without cause. A vacancy may be filled only for the unexpired term. All vacancies on the
committee shall be immediately reported to the board of supervisors. (Ord. 4228, 1992)
17.74.090 Officers. At the first meeting of the design review advisory committee, and thereafter at
the first meeting of each calendar year, the committee shall elect from its membership a chairman,
vice chairman, and secretary, who shall hold office for a term of one (1) year and until the election of
their successors. (Ord. 3257 §8, 1982: prior code §9395.8; Ord. 4228, 1992)
17.74.095 Meetings. Meetings may be held on the call of the chairman or any two (2) members
when matters are referred for committee review pursuant to section 17.74.115 by mailing notice of
the time, place and purpose of the meeting to each member at least seven (7) days prior to the
meeting. (Ord. 4228, 1992)
17.74.100 Quorum. Three (3) members shall constitute a quorum for the transaction of business,
but a lesser number may adjourn from time to time. (Ord. 4228, 1992)
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17.74.105 Lapse of membership. For reasons including, but not limited to, continued absence, a
member of the design review advisory committee may be removed from office without cause by an
order declaring that office vacant, adopted by a majority vote of the board of supervisors. (Ord.
4228)
17.74.110 Powers and duties of the design review advisory committee. The design review advisory
committee shall have the following duties and powers:
A.
Act in an advisory capacity to the planning director, planning commission or board of
supervisors with regard to the review and comment on design review for multifamily,
commercial, and industrial applications within their area of jurisdiction.
B.
To aid in the review process, the committee shall utilize adopted area plan policies, design
guides, zoning ordinances, CC&R's, and if clearly identifiable, neighborhood preferences.
C.
Provide recommendations to the board of supervisors and the planning director regarding the
improvement or expansion of design procedures and standards. (Ord 4228, 1992)
17.74.115 Application.
A.
Application for permits required by subsection B of Section 17.74.040, subsection C of
Section 17.74.050, and subsection A of Section 17.74.060 shall be filed at the county
planning division. Being a discretionary review process, an environmental determination is
made and advertised as required by CEQA upon completion of the environmental review.
The planning director shall render a written decision. Where an application is found to be
consistent with the terms of this chapter and the design guides, the planning director shall
issue a written approval of the project, including any modifications or conditions.
B.
If a design review advisory committee exists within the district in which application is being
made, the planning director shall transmit the applications to the committee prior to
rendering a decision. The following process shall occur:
1.
Upon receipt of a complete application, the planning division will schedule the
application for review by the committee. The planning division shall prepare the
agenda and send application information to the committee at least seven (7) days
prior to the scheduled meeting.
2.
The application review process by the design review advisory committee shall
provide an opportunity for the applicant or other interested persons to provide
testimony.
3.
After public testimony, the advisory committee shall discuss the proposal and by
motion present a recommendation to the planning division. The content of the
recommendation shall be recorded by the secretary.
4.
The advisory committee recommendation in written form shall be forwarded to the
planning division and applicant within forty-eight (48) hours of the committee action.
5.
The planning director shall make a decision on the application for a design review
within sixty (60) days of submittal of a complete application.
C.
The decision of the by the planning director may be appealed to the county planning
commission by filing a request for hearing within ten (10) working days of the notice of
denial at the county planning division office. The planning commission shall hold a public
hearing on such appeal and take action thereon no later than thirty (30) calendar days
following the filing of the appeal. The decision of the planning commission may be
appealed to the Board of Supervisors.
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D.
The requirements for a permit as set forth by this chapter are meant to be in addition to, and
not a substitute for, the requirements pertaining to building permits in Sections 16.40.030
and 16.40.040. (Ord. 4228, 1992)
17.74.120 Fees. The board of supervisors may establish reasonable fees for issuance of the permits
required in this chapter to cover the cost of the administration and enforcement of this chapter. (Ord.
4228, 1992)
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VI. HOUSING
VI. HOUSING
Chapter 17.80
HOUSING ADVISORY COMMISSION
Sections:
17.80.010
17.80.015
17.80.020
17.80.030
17.80.040
17.80.050
17.80.060
17.80.070
17.80.080
Establishment of housing advisory commission
Appointment of members
Compensation
Appointment
Officers of commission
Meeting
Quorum
Lapse of membership
Powers and duties of housing advisory commission
17.80.010 Establishment of housing advisory commission. There is created and established a
commission consisting of members, to be known as the county housing advisory commission. (Ord.
3297 §1(part), 1982)
17.80.015 Appointment of members. The housing advisory commission shall consist of eight
members, not officials of the county. These members shall be appointed by the chairman of the
board of supervisors, with the approval of the board of supervisors, selected as follows:
A.
One representative from the residential building industry;
B.
One representative from the real estate industry;
C.
One representative from the residential finance/loan industry;
D.
One representative of other development interests;
E.
Two representatives from the residential subsidy/ assistance tenants;
F.
Two representatives from the miscellaneous residential interests.
At least one member should reside within the county portion of the Lake Tahoe Basin. The
chief planning officials from the county, city of Placerville and city of South Lake Tahoe, as
well as the housing assistance program staff from the county community programs
department and other appropriate county staff representative shall serve as ex-officio
members. (Ord. 3297 §1(part), 1982)
17.80.020 Compensation. The appointed members of the county housing advisory commission
shall serve without compensation and shall not be entitled to reimbursement of mileage or necessary
expenses by the county. (Ord. 3297 §1(part), 1982)
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17.80.030 Appointment. The term of office of each member shall be four years and until the first
appointment and qualification of his successor. The first members of the commission shall classify
themselves by lot so that the terms of office of two members is one year, of two members two years,
of two members three years, and of two members four years. Members serve until the appointment
and qualification of their successor. Any member, even though he serves for a term, may be
removed by the appointing authority without cause. A vacancy is filled only for the unexpired term.
All vacancies on the commission shall be immediately reported to the board of supervisors. (Ord.
3297 §1(part), 1982)
17.80.040 Officers of commission. At the first meeting of the housing advisory commission, and
thereafter at the first meeting of each calendar year, the housing advisory commission shall elect
from its regular members a chairman, a vice chairman, and a secretary, who shall hold office for a
term of one year and until the election of their successors. (Ord. 3297 §1(part), 1982)
17.80.050 Meetings. Regular meetings of the housing advisory commission shall be held on a
schedule determined by resolution of the housing advisory commission. Special meetings may be
held on the call of the chairman or any three ex officio members by mailing notice of the time, place
and purpose of the meeting to each regular and ex officio member at least seven days prior to the
meeting. (Ord. 3297 §1(part), 1982)
17.80.060 Quorum. Five members of the non-ex officio members of the housing advisory
commission shall constitute a quorum for the transaction of business, but a lesser number may
adjourn form time to time. (Ord. 3297 §1(part), 1982)
17.80.070 Lapse of membership. For reasons including, but not limited to, continued absence, a
member of the housing advisory commission may be removed from office without cause by an order
declaring that office vacant, adopted by a majority vote of the board of supervisors. (Ord. 3297
§1(part), 1982)
17.80.080 Powers and duties of housing advisory commission. The housing advisory commission
shall have the following powers and duties:
A.
Act in an advisory capacity to the board of supervisors and to the planning director in regards
to the existing housing needs and problems of the residents of the county;
B.
Formulate and recommend to the board of supervisors general policies or standards related to
the administration of county regulations that have an impact, direct or indirect, on the
development of affordable housing;
C.
Formulate and recommend to the board of supervisors new programs or procedures that
could provide increased opportunities of affordable housing for the residents of the county;
D.
Provide technical assistance to the planning staff, planning commission, and board during all
reviews and updates to the county housing element, and portions thereof;
E.
Act in an advisory capacity to the board of supervisors and to the planning director in regards
to implementation programs contained in the housing element, including the establishment of
priorities, as well as soliciting the assistance of cooperative agencies. (Ord. 3297 §1(part),
1982)
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Chapter 17.81
AFFORDABLE HOUSING DENSITY BONUS
Sections:
17.81.010
17.81.020
17.81.030
17.81.040
17.81.050
17.81.060
17.81.070
17.81.080
17.81.090
Purpose
Definitions
Eligibility for bonus, incentives, and/or concessions
Bonuses, incentives, and concessions allowed
Processing of requests
Continued availability
Location of bonus units
Time of construction and occupancy
Design
17.81.010 Purpose. As required by California Government Code Section 65915, the purpose of this
chapter is to offer a density bonus or other incentives or concessions to developers for the production
of housing units affordable to very low, lower, and moderate income households and to senior
citizens and/or citizens with disabilities. In offering these incentives, it is the intent of this chapter to
carry out the requirements of California Government Code Sections 65915, 65916, and 65917. The
regulations set out in this chapter shall apply to unincorporated areas of El Dorado County that are
not within the Tahoe Regional Planning Agency's jurisdictional area. (Ord. 4816, 2009)
17.81.020 Definitions. For the purpose of this chapter, certain words and phrases are construed as
defined herein. Words in the singular include the plural, and words in the plural shall include the
singular. Words in the present tense shall include the future.
A.
“Affordable housing” means housing affordable to very low, lower, or moderate income
households.
1.
“Very low income household” means a household that earns less than fifty (50)
percent of the area median income for El Dorado County, adjusted for family size
and updated annually. This term includes extremely low income households earning
less than thirty (30) percent of the area median income for El Dorado County,
adjusted for family size and updated annually. See Health and Safety Code Sections
50105.
2.
“Lower income household” means a household that earns between fifty (50) and
eighty (80) percent of the area median income for El Dorado County, adjusted for
family size and updated annually. See Health and Safety Code Section 50079.5.
3.
“Moderate income household” means a household that earns between eighty (80) and
one-hundred twenty (120) percent of area median income for El Dorado County,
adjusted for family size and updated annually. See Health and Safety Code Section
50093.
El Dorado County Zoning Ordinance
(Revised December 2009)
297
B.
C.
D.
E.
F.
G.
H.
I.
J.
298
“Child care facility” means a child day care facility other than a family day care home,
including, but not limited to, infant centers, preschools, extended day care facilities, and
school age child care centers.
“Condominium” is an undivided interest in common in a portion of real property coupled
with a separate interest in space called a unit, the boundaries of which are described on a
recorded final map, parcel map, or condominium plan in sufficient detail to locate all
boundaries thereof. The area within these boundaries may be filled with air, earth, or water,
or any combination thereof, and need not be physically attached to land except by easements
for access and, if necessary, support. See California Civil Code Section 1351(f).
“Density Bonus” means a density increase over the otherwise allowable maximum
residential density under the applicable General Plan designation and Zone District.
“Development standard” means a site or construction condition that applies to residential
development pursuant to any ordinance, general plan element, specific plan, or other
regulation for which the application of would physically preclude the construction of the
housing development at the density allowed.
“Incentive” or “concession” represent any of the following and further defined in
17.81.040(B)(2):
1.
Reduction in site development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as provided in
Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in the setback and square footage
requirements and in the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable, financially sufficient, and actual cost reductions;
2.
Other concessions or incentives of a regulatory nature identified in the County’s
Incentive Based Affordable Housing policy [note: policy is in development and not
yet adopted by the Board of Supervisors], or proposed by the applicant or the county
that result in identifiable, financially sufficient and actual cost reductions;
3.
A density bonus incentive does not include the provision of direct financial or land
incentives to the applicant by the county, or the waiver of fees or dedication
requirements.
“Household” means all persons, related or unrelated, occupying a single housing unit.
“Planned development” means a development (other than a community apartment project, a
condominium project, or a stock cooperative) having either or both of the following features:
1.
A common area owned either by an association or in common by the owners of the
separate interests who possess appurtenant rights to the beneficial use and enjoyment
of the common area.
2.
A power exists in the association to enforce an obligation of an owner of a separate
interest with respect to the beneficial use and enjoyment of the common area by
means of an assessment which may become a lien upon the separate interests in
accordance with Civil Code Section 1367 or 1367.1.
“Qualifying housing development” means a single project for five or more residential units
constructed within the unincorporated area of El Dorado County. For the purpose of
calculating a density bonus, the residential units must be on contiguous sites that are the
subject of one development application.
“Senior citizen” means a person 62 years of age or older, or 55 years of age or older in a
senior citizen housing development. See Civil Code Section 51.3. (Ord. 4816, 2009)
(Revised December 2009)
El Dorado County Zoning Ordinance
17.81.030 Eligibility for bonus, incentives, and/or concessions.
A.
In order to be eligible for a density bonus or other incentive or concession as provided by
this chapter, a proposed qualifying housing development shall consist of five (5) or more
residential units, either for rent or for sale were at least one unit is affordable to very low,
lower, or moderate income households.
B.
A developer shall be granted a density bonus, incentives and/or concessions described in
Section 17.81.040 when he or she agrees to provide at least any one of the following:
1.
At least five (5) percent of the total number of proposed units for very low income
households, as defined in California Health and Safety Code Section 50105;
2.
At least ten (10) percent of the total number of proposed units for lower income
households, as defined in California Health and Safety Code Section 50079.5;
3.
A senior citizen housing development as defined in Section 51.3 of the Civil Code;
and/or
4.
At least ten (10) percent of the total number of proposed units in a condominium
project (as defined in subdivision [f] of Section 1351 of the Civil Code) or in a
planned development (as defined in subdivision [k] of Section 1351 of the Civil
Code) for persons and families of moderate income, as defined by California Health
and Safety Code Section 50093.
5.
The donation of land sufficient in size to permit development of at least 40 affordable
housing units consistent with Government Code Section 65915(h) and section
17.81.040(4) of this Ordinance.
6.
The payment of a fee in lieu of providing affordable housing units as established in
this section and section 17.81.040(5) of this Ordinance.
C.
In order to be eligible for a bonus, incentive, and/or concession, the applicant shall ensure
that all provisions of this chapter are met.
D.
All eligible developments shall comply with the Fair Housing Act (FHAct) which protects
all citizens from discrimination on the basis of race, color, national origin, religion, sex,
handicap or familial status (families with children under the age of 18 living with parents or
legal guardians; pregnant women and people trying to get custody of children under 18 years
of age).
E.
For the purposes of calculating the amount of the density bonus pursuant to 17.81.040, the
applicant who requests a density bonus pursuant to this ordinance shall elect whether the
bonus shall be awarded on the basis of section B. 1, 2, 3, 4, 5, or 6 above.
F.
“Total units” does not include units added by a density bonus awarded by this chapter or by
any other local policy granting a greater density bonus. (Ord. 4816, 2009)
17.81.040 Bonuses, incentives, and concessions allowed. Qualifying housing development projects
that satisfy all applicable provisions of this chapter shall be entitled to a density bonus and additional
incentives or concessions as follows:
A.
Density Bonus.
1.
The density bonus allowed by this chapter shall consist of an increase of at least
twenty (20) percent in the number of dwelling units over the otherwise maximum
allowable residential density under the applicable general plan designation and zone
district. The amount of density bonus to which an applicant is entitled shall vary
according to the amount by which the percentage of affordable housing units exceeds
the percentages established in 17.81.030(B). The applicant who requests a density
bonus pursuant to this subsection shall elect which bonus shall be awarded based on
the subparagraphs below.
El Dorado County Zoning Ordinance
(Revised December 2009)
299
a.
For each one (1) percent increase above five (5) percent in the percentage of
units affordable to very low income households, the density bonus shall be
increased by two and one-half (2.5) percent up to a maximum of thirty-five
(35) percent, as calculated as follows: or
Percent Very Low-Income Units
5
6
7
8
9
10
11
b.
Percentage Density Bonus
20
22.5
25
27.5
30
32.5
35
For each one (1) percent increase above ten (10) percent in the percentage of
units affordable to lower income households, the density bonus shall be
increased by one and one-half (1.5) percent up to a maximum of thirty-five
(35) percent as calculated as follows; or
Percent Low-Income Units
10
11
12
13
14
15
16
17
18
19
20
Percentage Density Bonus
20
21.5
23
24.5
26
27.5
29
30.5
32
33.5
35
c.
2.
300
A senior citizen housing development as defined in Section 51.3 of the Civil
Code or mobile home park that limits residency based on age requirements
for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil
Code up to a maximum of twenty (20) percent.
If a proposed development does not meet the requirements of 17.81.030(B)
paragraphs (1), (2), or (3), but the applicant proposes to construct a condominium
project or planned development in which at least ten (10) percent of the units are
reserved for moderate income households, the developer shall be granted a density
bonus of at least five (5) percent over the otherwise maximum allowable density
under the applicable general plan designation and zone district.
a.
For each one (1) percent increase above ten (10) percent of the percentage of
units affordable to moderate income households, the density bonus shall be
increased by one (1) percent, up to a maximum of thirty-five (35) percent as
calculated as follows;
(Revised December 2009)
El Dorado County Zoning Ordinance
Percent Moderate-Income Units
10
11
12
13
14
15
16
17
18
19
20…35
3.
4.
Percentage Density Bonus
5
6
7
8
9
10
11
12
13
14
15…35
When an applicant proposes to construct a housing development that conforms to
17.81.030(B) and includes a child care facility that will be located on the premises of
(either as part of or adjacent to) the project, the County shall grant either of the
following consistent with Government Code Sections 65915(i)(2) and (3):
a.
An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the amount of square feet in the child
care facility.
b.
An additional incentive or concession that contributes significantly to the
economic feasibility of the construction of the child care facility.
The County shall require, as a condition of approving the housing development that
the following shall occur:
c.
The child care facility shall remain in operation for a period of time that is as
long as or longer than the period of time during which the density bonus units
are required to remain affordable per this section.
The County shall not be required to provide a density bonus or concession for a child
care facility if it finds, based upon substantial evidence, that the community has
adequate child care facilities.
When an applicant for a qualifying housing development project donates land for the
development of affordable housing consistent with Government Code Section
65915(h), he/she shall be entitled to fifteen (15) percent increase above the otherwise
maximum allowable density under the applicable general plan designation and zone
district.
a.
For each one (1) percent increase above the minimum ten (10) percent land
donation required under Government Code Section 65915(h)(2), the density
bonus shall be increased by one (1) percent, up to a maximum of thirty-five
(35) percent.
b.
The increase allowed under this section may be combined with any increase
in density allowed for under 17.81.030(B), as long as the total increase does
not exceed thirty-five (35) percent as calculated as follows;
El Dorado County Zoning Ordinance
(Revised December 2009)
301
Percent Very Low-Income Units
10
11
12
13
14
15
16
17
18
19
20…35
Percentage Density Bonus
15
16
17
18
19
20
21
22
23
24
25…35
c.
B.
302
The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate general plan and zoning
designation, and is or will be served by adequate public facilities and
infrastructure.
d.
As part of the application, the developer must identify a party that has agreed
to assume ownership and management of the donated land.
5.
At such time that the Board of Supervisors adopts a fee in lieu for providing the
affordable housing units established by 17.81.030, an applicant may choose to pay
said fee in lieu of providing affordable housing.
a.
Determination of Fee. The amount and calculation of the affordable housing
in-lieu fee and the Affordable Housing Trust Fund Guidelines shall be
established by resolution of the Board of Supervisors.
b.
Timing of payment. The in-lieu fee shall be calculated at the time of building
permit application. The fee shall be paid at the time of issuance of the
building permit, unless proof is provided that the required affordable housing
units will be constructed on site or that an alternative equivalent action was
previously approved in accordance with this ordinance.
6.
When an applicant for a qualifying housing development acquires existing market
rate dwelling units and enforces price restrictions in compliance with this ordinance
on the rental or sale of the existing market rate dwelling units, he/she shall be entitled
to fifteen (15) percent increase above the otherwise maximum allowable density
under the applicable general plan designation and zone district. Property must be
approved as to the appropriateness of the conversion from market rate to income
restricted units to minimize neighborhood impacts and may require design upgrades
through the Design Review process, for compliance with current standards and
regulations.
7.
The density bonus shall not be included when determining the percent of affordable
housing units.
8.
All density calculations resulting in fractional units shall be rounded up to the next
whole number.
Incentives or Concessions.
1.
Applicants shall receive the incentives or concessions based on the following
schedule:
a.
One incentive or concession for projects that include at least ten (10) percent
of the total units for lower income households, at least five (5) percent for
(Revised December 2009)
El Dorado County Zoning Ordinance
2.
very low income households, or at least ten (10) percent for persons and
families of moderate income in a condominium or planned development
project.
b.
Two incentives or concessions for projects that include at least twenty (20)
percent of the total units for lower income households, at least ten (10)
percent for very low income households, or at least twenty (20) percent for
persons and families of moderate income in a condominium or planned
development project.
c.
Three incentives or concessions for projects that include at least thirty (30)
percent of the total units for lower income households, at least fifteen (15)
percent for very low income households, or at least thirty (30) percent for
persons and families of moderate income in a condominium or planned
development project.
A qualifying housing development shall be entitled to the following concessions or
incentives at a rate consistent with 17.81.040(B)(1) above.:
a.
A reduction of 10 percent off-street parking from the required parking limits
as listed in California Government Code 65915(p)(1) as long as the
development is:
i.
Within 750 feet of a public transit stop,
ii.
Within 1500 feet of an existing shopping center containing three or
more separate use tenants,
iii.
Within 2500 feet of an existing public school, or
iv.
Exclusively for senior citizens as defined by California Civil Code
Section 51.3
And as long as the approving body can make the following findings:
i.
The intent of the Off-Street Parking and Loading chapter of the
Zoning Ordinance is preserved; and
ii.
The modification will not be detrimental to the public health and
safety.
b.
A 10 percent reduction in the proportional site and parking lot landscaping
standards by a ratio equal to the number of affordable housing units to total
housing units within a given project.
c.
A 10 percent reduction of the open space required by the General Plan or
Zoning Ordinance (if any).
d.
A 50 percent reduction in any setbacks required by the zone district.
e.
A 15 percent increase in height for multi family qualifying housing
developments.
f.
Waiver of County filing or processing fees on permits and applications in
proportion with the percentage of affordable units.
g.
Approval of mixed use zoning in conjunction with the qualifying housing
development if commercial, office, industrial, or other land uses will reduce
the cost of the housing development and if the commercial, office, industrial,
or other land uses are compatible with the qualifying housing development
and the existing or planned development in the area where the proposed
qualifying housing development will be located.
h.
Other regulatory incentives or concessions proposed by the developer or the
county that result in identifiable, financially sufficient, and actual cost
El Dorado County Zoning Ordinance
(Revised December 2009)
303
C.
reductions without adverse effect upon health, safety, and/or the physical
environment, consistent with Government Code Section 65915(l).
Waiver or Concession of Development Standard.
1.
In the event an applicant contends that the application of a development standard has
the effect of precluding the construction of housing that meets the criteria of
subsection 17.81.030(B) of this section, the applicant may apply for a waiver or
modification of the development standards. The waiver or modification shall be the
minimum necessary to allow the project to be constructed.
2.
Nothing in this subsection shall be interpreted to require the granting of an incentive
that would have a specific adverse impact, as defined in paragraph (2) of subsection
(d) of Government Code Section 65589.5, upon the health, safety, or physical
environment, and for which there is no feasible method to satisfactorily mitigate or
avoid the specific adverse impact. Nothing in this subsection shall be interpreted to
require the granting of a density bonus incentive that would have an adverse impact
on any real property that is listed in the California Register of Historical Resources.
(Ord. 4816, 2009)
17.81.50 Processing of requests.
A.
Requests for density bonuses, incentives, and/or concessions shall be made as part of and
evaluated through the County's existing land use permit processes where such permit(s) is
required pursuant to Section 17.10.010, Section 17.14.140, Chapter 17.22, or Section
17.74.115. Where no discretionary permits are otherwise required for a project,
consideration of density bonuses, incentives, and/or concessions shall be made through a site
plan review application as provided in Section 17.22.300 et.seq.
B.
All requests for density bonuses, incentives, and/or concessions shall be subject to the
following:
1.
Supporting Information. If regulatory concessions are sought, the developer shall
include information with the application, based on building industry standards, to
substantiate that any requested waiver or modification of zoning or subdivision
standards is necessary to make housing units affordable to very low, lower, or
moderate income households.
2.
Initial Review. Bonus, incentive, and/or concession requests shall be included as part
of the land use permit application and shall be reviewed by the Planning Director or
his/her designee. The Director or his/her designee shall notify the applicant within
thirty (30) days of the acceptance of the project permit application as complete
whether the project qualifies for the requested additional density, incentive, and/or
concession.
3.
Criteria to be Considered. The requested bonus, incentive, and/or concession shall be
reviewed for consistency with the El Dorado County General Plan and other
applicable county regulations. Particular attention shall be given to application of
Housing Element policies and policies addressing the source and distribution of
potable water, the type and scale of available wastewater disposal and treatment, and
roadway capacity.
4.
Findings for Approval.
a.
In addition to the findings required for approval of the proposed project,
support of a density bonus by the Planning Director, Zoning Administrator,
Planning Commission, and/or Board of Supervisors, as appropriate, shall also
require the following special findings:
304
(Revised December 2009)
El Dorado County Zoning Ordinance
i.
b.
There are sufficient provisions to guarantee that units will remain
affordable in the future, consistent with the requirements of 17.81.060
and the California Government Code Sections 65915(c) and
65915(h)(4).
ii.
Adequate evidence exists to indicate that development of the subject
property in compliance with a valid land use permit or entitlement
will result in the provision of housing affordable to very low, lower,
and moderate income households in a manner consistent with the
purpose and intent of this chapter.
iii.
The number of dwelling units approved by the land use permit or
entitlement can be accommodated by existing and/or planned
infrastructure, consistent with General Plan requirements for
concurrency for such services.
The County shall grant the requested bonus, concession(s), and/or
incentive(s) requested by the applicant unless the County makes a written
finding, based upon substantial evidence, of either of the following:
i.
The concession or incentive is not required in order to provide for
affordable housing costs, as defined in California Health and Safety
Code Section 50052.5, or for rents for the targeted units to be set as
specified in California Government Code Section 65915(c); or
ii.
The concession or incentive would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of California Government
Code Section 65589.5, upon health, safety, the physical environment,
or any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development economically infeasible to very-low,
lower, and moderate income households. (Ord. 4816, 2009)
17.81.060 Continued availability of affordability.
A.
Affordability shall be based on the following:
1.
Affordable Rental Housing is a rental dwelling for which the total monthly expense
(rent plus the standard El Dorado County Housing Authority utility allowance) does
not exceed thirty (30) percent of the maximum monthly income limit for Very Lowand Low-income households in El Dorado County as established and updated yearly
by the state Department of Housing and Community Development. (California
Government Code Section 65915(c)(1))
2.
An Affordable Purchase Price is the sales price at which the Affordable unit will be
offered to prospective Eligible Buyers. The monthly housing cost factors required to
be included in the calculation of the Affordable Housing Price shall be provided by
the County based on the average total monthly housing expenses during the first
calendar year of a household's occupancy, including but not limited to property taxes,
homeowner’s insurance, homeowner’s association dues, if any, mortgage loan
principal and interest, mortgage insurance, and Mello Roos or other applicable
assessments, which are equal to or less than one-twelfth (1/12th) of thirty-five
percent (35%) of no greater than one hundred and twenty percent (120%) of Median
Family Income, adjusted for Household Size based on an occupancy standard of one-
El Dorado County Zoning Ordinance
(Revised December 2009)
305
B.
C.
D.
person per bedroom, plus one additional person (for example, a three-bedroom home
will be priced based on the income of a four-person family).
The land use permit application for the development project shall include the procedures
proposed by the developer to maintain the continued affordability of all very low, lower, and
senior citizen units as follows:
1.
Maintain affordability for at least thirty (30) years for units that were built with the
assistance of county funding, including assistance in the forms of contributions to the
cost of infrastructure, write-down of land costs, or construction cost subsidization.
2.
Maintain affordability as required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental subsidy program,
typically for a minimum of thirty (30) years.
Moderate income condominium or planned development units approved and/or constructed
pursuant to this chapter shall remain affordable for at least twenty (20) years.
1.
If such units are sold within the twenty (20) year affordability time frame, the seller
of the unit shall retain the value of any improvements, the down payment, and the
seller's proportionate share of appreciation.
2.
The County shall recapture its proportionate share of appreciation, which shall then
be used within three (3) years for any of the purposes promoting home ownership as
described in Health and Safety Code Section 33334.2(e).
Agreement with County. The developer shall be required to enter into an Affordable Housing
Agreement with the County. The Agreement shall delineate those concessions to be made by
all parties to ensure that affordable housing can be and is constructed and remains available
to the residents for a period of time consistent with subsection 17.81.060(B) and (C) above,
including that the developer or his/her successor in interest shall not sell, rent, lease, sublet,
assign, or otherwise transfer any interests for same without written approval of the El Dorado
County Housing Authority, confirming that the cost of the units will remain consistent with
the limits established for the affected density bonus. The Agreement shall also establish
specific compliance standards and remedies available to the County upon failure by the
developer to make the target units available to intended households. (Ord. 4816, 2009)
17.81.070 Location of bonus units. Units affordable to very low, lower, or moderate income
households constructed pursuant to this chapter shall be approved under a single development
application and built within but no farther than one-quarter mile of the boundary of the proposed
housing development unless the County and developer agree within the Affordable Housing
Agreement to an alternative site for development. (Ord. 4816, 2009)
17.81.080 Time of construction and occupancy. Units affordable to very low, lower, or moderate
income households must be constructed concurrently with nonrestricted units and shall be made
available for occupancy not later than the time at which the first nonrestricted dwelling unit is
available for occupancy, unless the County and developer agree within the Affordable Housing
Agreement to an alternative schedule for development and occupancy. (Ord. 4816, 2009)
17.81.090 Design. Except as provided for in 17.81.040(A)(4) and (5) units affordable to very low,
lower, or moderate income households shall be built on-site and be dispersed throughout the housing
development wherever feasible. In addition, the number of bedrooms of the units affordable to very
low, lower, or moderate income households shall be equivalent to the bedroom mix of the
nonrestricted units of the housing development unless the county and developer agree within the
Affordable Housing Agreement to an alternative mix. The developer may include a higher
306
(Revised December 2009)
El Dorado County Zoning Ordinance
proportion of units affordable to very low, lower, or moderate income households with more
bedrooms. The design and appearance of the units affordable to very low, lower, or moderate
income households shall be compatible with the design of the total housing development. (Ord.
4816, 2009)
El Dorado County Zoning Ordinance
(Revised December 2009)
307
THIS SPACE INTENTIONALLY LEFT BLANK.
308
(Revised December 2009)
El Dorado County Zoning Ordinance
VII. DEVELOPMENT AGREEMENTS
VII. DEVELOPMENT AGREEMENTS
Chapter 17.85
DEVELOPMENT AGREEMENTS
Sections:
17.85.005
17.85.010
17.85.011
17.85.012
17.85.013
17.85.014
17.85.015
17.85.016
17.85.017
17.85.018
17.85.019
17.85.020
17.85.021
17.85.022
17.85.023
17.85.024
17.85.025
17.85.026
17.85.027
Authority and purpose
Limitation
Initiation
Application
Qualification of applicant
Fees
Withdrawal of application
Form of agreement
Review of application
Environmental review
Transmittal to the planning commission
Planning commission action
Action by the board of supervisors
Approval of the development agreement
Notice required for public hearings
Amendment or cancellation, or assignment
Recordation
Periodic review
Rules, regulations and official policies
17.85.005 Authority and purpose. This article is adopted pursuant to the authority of Government
Code Sections 65864 through 65869.5.
The purpose of this chapter is to provide assurance to an applicant for a development project that
upon approval of the project the applicant may proceed in accordance with existing policies, rules
and regulations, and subject to conditions of approval, will strengthen the public planning process,
encourage private participation in comprehensive planning and reduce the economic costs of
development. (Ord. 3300 §1(part), 1982)
17.85.010 Limitation. Unless otherwise expressed in this code, the provisions in this article are the
exclusive procedures and rules relating to development agreements and, in the event of conflict,
these provisions shall prevail over any other provisions throughout this code. (Ord. 3300 §1(part),
1982)
El Dorado County Zoning Ordinance
(Revised December 2009)
309
17.85.011 Initiation. A development agreement may be initiated by an application of one or more
qualified applicants as that term is defined by Section 17.85.013. (Ord. 3300 §1(part), 1982)
17.85.012 Application.
A.
Application for a development agreement shall be made in writing to the department of
planning on a form prescribed by the director of the department. The application shall
include the following data:
1.
A map drawn to scale showing the property for which the development agreement is
requested and the property lines for the properties within five hundred feet of the
exterior boundary lines of the subject property;
2.
A clear indication of the names of all the streets and of the assessor's parcel numbers
of each parcel shown on the map of each parcel that is the subject of the agreement;
3.
The names and mailing addresses as listed on the latest assessment roll of the owners
of the property shown on the map;
4.
The legal description or other description acceptable to the county of the subject
property which must be provided prior to approval of the board of supervisors;
5.
The proposed use or uses, density or intensity of use of the property, the maximum
height and size of any proposed buildings, the proposed duration of the agreement,
and any proposed reservations or dedications of land for public purposes;
6.
The proposed term of the development agreement may range from one year to twenty
years.
B.
In addition to the above information, the director may require a qualified applicant to submit
any additional information and supporting data considered necessary to process the
application. (Ord. 3492 §1, 1984: Ord. 3300 §1 (part), 1982)
17.85.013 Qualification of applicant. Only a qualified applicant may file an application pursuant to
this article. A qualified applicant is a person or entity who (which) has legal or equitable interest in
the real property which is the subject of the development agreement. The director of the planning
department may require an applicant to submit proof of his (its) interest in the real property and of
the authority of the agent to act for the applicant. (Ord. 3300 §1(part), 1982)
17.85.014 Fees. For the purpose of defraying the expense involved in connection with an
application, the board of supervisors may establish by resolution a schedule of fees. The schedule of
fees shall be available at the planning department and any fee imposed shall be paid by the applicant
at the time of filing the application. (Ord. 3300 §1(part), 1982)
17.85.015 Withdrawal of application. An applicant may withdraw an application filed pursuant to
this article. Any fee required for processing the application shall not be returnable to the applicant.
(Ord. 3300 §1(part), 1982)
17.85.016 Form of agreement. The development agreement shall be in a form approved by the
county counsel; it shall specify the duration of the agreement, not to exceed twenty years; the
permitted uses of the property; the density or intensity of use; the maximum height and size of
proposed buildings; and provisions for reservation or dedication of land for public purposes. The
development agreement may include conditions, terms, restrictions, and requirements for subsequent
discretionary actions; provided, that such conditions, terms, restrictions and requirements for
subsequent discretionary actions shall not prevent development of the land for the uses and to the
density or intensity of development set forth in the agreement. The agreement may provide that
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construction shall be commenced within a specified time and that the project or any phase thereof be
completed within a specified time. (Ord. 3492 §2, 1984: Ord. 3300 §1(part), 1982)
17.85.017 Review of application.
A.
The director of planning shall review the application and shall accept it for filing if it is
complete and accurate.
B.
The planning director shall prepare a staff report and recommendation for the planning
commission with regard to the proposed agreement. (Ord. 3300 §1(part), 1982)
17.85.018 Environmental review. A development agreement shall be subject to environmental
review as required by the California Environmental Quality Act and its implementation regulations.
(Ord. 3300 §1(part), 1982)
17.85.019 Transmittal to the planning commission. The planning director shall transmit the
application to the planning commission for a public hearing when all of the necessary reports and
recommendations are complete. Notice of the public hearing shall be given as provided in this
article and Section 17.85.023. The application for a development agreement may be considered
concurrently with other discretionary permits or approvals for the project. (Ord. 3300 §1(part),
1982)
17.85.020 Planning commission action. After one or more public hearings have been held by the
planning commission, it shall render its decision in the form of a written recommendation and report.
Such recommendation and report shall be forwarded to the clerk of the board of supervisors.
17.85.021 Action by the board of supervisors.
A.
Upon receipt of the commission's recommendation and report, the clerk of the board shall
promptly set the matter for public hearing. Notice of the public hearing shall be given as
provided in this article at Section 17.85.023.
B.
After the board completes the public hearing, it may approve, modify or disapprove the
development agreement. Matters not previously considered by the planning commission
during its hearing may be referred back to the commission for report and recommendation.
The commission may, but need not, hold a public hearing on such referrals.
C.
The board may approve the development agreement only if it finds in writing that the
agreement:
1.
Is consistent with the objectives, policies, general land uses and programs specified
in the county general plan and any applicable specific plan; and
2.
Will not be detrimental to the health, safety and general welfare of persons residing
in the immediate area nor detrimental to the general welfare of the residents of the
county as a whole; and
3.
Will not adversely affect the orderly development of property or the preservation of
property values; and
4.
Is consistent with the provisions of Government Code Sections 65864 through
65869.5; and
5.
Contains a legal description of the subject property.
D.
Unless the agreement provides otherwise, the rules, regulations and official policies
governing the permitted uses of land, density, design, improvement, construction standards
or any one of these shall be those rules, regulations and official policies in force at the date of
the agreement. (Ord. 3300 §1(part), 1982)
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17.85.022 Approval of the development agreement. Any approval of the development agreement
shall be by ordinance. (Ord. 3300 §1(part), 1982)
17.85.023 Notice required for public hearings.
A.
Notice of public hearings required by this article shall be given as provided in Sections
65854, 65854.5 and 65856 of the Government Code, in addition to such other notice as may
be required for other actions to be considered concurrently with the development agreement.
B.
The notice requirements referred to in subsection A of this section are as required by the
laws existing at the time of adoption of this chapter.
C.
The failure of any person to receive notice required by law of any hearing as required by this
article shall not affect the authority of the county to enter into a development agreement.
(Ord. 3300 §1(part), 1982)
17.85.024 Amendment or cancellation, or assignment.
A.
Either party may propose an amendment to or cancellation in whole or in part of any
development agreement.
1.
Amendment or cancellation of the development agreement may occur upon mutual
consent of the board of supervisors and the parties to the agreement or as otherwise
provided in the agreement and the qualified applicant(s).
2.
Assignment: All assignments of the agreements shall be subject to mutual agreement
by all parties to the agreement unless otherwise provided in the agreement. Any
party to the agreement, exclusive of the county, may initiate a request for assignment.
Upon such proposed assignment, proposed transfer and any other amendments to the
development agreement which may be required as a result of the proposed
assignment shall be identified.
B.
The procedures for an amendment, cancellation, or assignment of a development agreement
in whole or in part shall be set forth in the agreement. (Ord. 3492 §§3, 4, 1984)
17.85.025 Recordation. Within ten days after the effective date of a development agreement or any
modification or the cancellation thereof, the clerk of the board shall have the agreement, the
modification or cancellation notice recorded with the county recorder. (Ord. 3300 §1 (part), 1982)
17.85.026 Periodic review.
A.
The planning director shall not less than once every twelve months from the effective date of
the development agreement review the same for compliance with its terms and conditions.
B.
The planning director shall begin the review proceedings by giving notice of the periodic
review of the development agreement to each party to the agreement other than the county
and to each party entitled to notice under Section 17.85.02. He shall give such mailed notice
at least fifteen days in advance of the time at which the matter will be considered by the
planning director. The notice shall likewise be given at least fifteen days prior to any
hearing by the board of supervisors.
C.
The planning director shall conduct an investigation as to whether or not there has been good
faith compliance and if he finds that there has not been such compliance he shall file a report
with recommendations with the clerk of the board of supervisors.
D.
Upon receipt of the report, the clerk shall place the matter on the board's agenda.
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E.
F.
If the board finds and determines at a public hearing and on the basis of substantial evidence
that the applicant has complied in good faith with the terms and conditions of the agreement
during the period under review, no further action is required. The burden of proof on this
issue shall be on the applicant.
If the board determines at a public hearing and on the basis of substantial evidence that the
property owner has not complied in good faith with the terms and conditions of the
agreement during the period under review, the board may modify or terminate the agreement.
(Ord. 3300 §1(part), 1982)
17.85.027 Rules, regulations and official policies. Unless otherwise provided by the development
agreement, the rules, regulations and official policies of the county which govern permitted uses of
land, density, design, improvement and construction standards and specifications, applicable to the
development of the property subject to the development agreement, shall be those rules, regulations
and official policies in force at the time of the execution of the agreement. A development
agreement shall not prevent the county, in subsequent actions applicable to the property which is the
subject of the development agreement, from applying new rules, regulations and policies which do
not conflict with those rules, regulations and policies applicable to the subject property at the time
the agreement was executed; nor shall a development agreement prevent the county from denying or
conditionally approving any subsequent development project application on the basis of such
existing or new rules, regulations and policies. (Ord. 3492 §5, 1984: Ord. 3300 §1(part), 1982)
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