15.12.060 Water resource setbacks

15.12.060 Water resource setbacks.

A. Purpose and Intent. This section is intended to identify requirements for development adjacent or proximate to lakes, ponds, reservoirs, streams, wetlands, swales, springs and other surface water features, whether natural or artificial. This section implements the goals and policies of the general plan land use, water resources, plants and wildlife, and visual resources elements by establishing setbacks for the protection of these water resources.

This section is intended to provide Sierra County with the means to:

1. Physically protect and separate lakes, ponds, reservoirs, streams, wetlands and springs from disturbance or destruction.

2. Reduce erosion and sedimentation; protect water quality.

3. Protect wildlife habitat and movement along stream corridors and adjacent to lakes, ponds, wetlands, springs and reservoirs.

4. Protect riparian vegetation, particularly native plant species.

5. Protect recreational uses and opportunities and public access where appropriate.

6. Protect the aesthetic value of these resources.

7. Provide standards to assist the county in its evaluation of reasonable use of property adjacent to or containing lakes, ponds, reservoirs, springs, streams, and/or wetlands.

1. Resources for Which Setback Requirements are Applicable. This section establishes requirements for structural and sewage disposal system setbacks applicable to lakes, reservoirs, ponds, perennial streams, intermittent streams, wetlands, swales, springs, agricultural irrigation conveyance systems, and meadows as defined in Chapter 15.08 SCC.

2. Relationship to Other Regulations and Requirements. Development in proximity to water resources and development of sewage disposal facilities is subject to the requirements and standards of other portions of the Sierra County Code, state and federal law, and other local, state, and federal agencies. Nothing in this section shall alter those requirements, standards, and authorities. These other regulations and requirements include, but are not limited to, the following:

a. Zoning Regulations. All allowable land uses and required development standards are established by the zone district and any overlay zone district applicable to a property and other zoning regulations as defined in this title.

b. Building and Construction. All building and construction activities are subject to the requirements of Title 12 (Building and Construction) of the Sierra County Code, including Chapter 12.08 SCC, Grading, Erosion and Sediment Control.

c. Floodplains. Development within the 100-year floodplain, as mapped by the Federal Emergency Management Agency (FEMA), is regulated by the floodplain (-FP) overlay district (SCC 15.12.282) and SCC Title 32, Floodplains.

d. Potable, Public and Private Water Systems. Development adjacent to or within areas that contain or support natural springs that are used for potable water supply is subject to the requirements and standards of the California Department of Public Health and Sierra County.

e. Sewage Disposal Facilities. All sewage disposal facilities shall be subject to the requirements and standards of the California Regional Water Quality Control Board and Sierra County.

f. Wetlands and Other Waters of the United States. Development adjacent to or within areas that contain wetlands and other waters of the United States may be regulated by the U.S. Army Corps of Engineers under the authority of the Clean Water Act.

3. Resources for Which Setback Requirements Are Not Applicable. The structural setback requirements established in this section are not applicable to the following water resources (but the inapplicability of this section to these water resources shall not be construed as exemption from requirements for grading permits, other development permits, or other applicable regulations):

a. Floodplains. There are no structural setback requirements adjacent to the 100-year floodplain.

b. Ephemeral Streams. There are no structural setback requirements adjacent to ephemeral streams.

c. Private Water Features. There are no structural setback requirements adjacent to water features that meet all of the following criteria: 1) are privately owned, 2) do not support any public use, 3) do not outflow into a stream, and 4) are not fed by surface or ground water subject to water rights owned by others.

d. Enclosed Flumes and Tail Races. There are no structural setback requirements adjacent to fully enclosed flumes and/or tail races.

C. Structural Setbacks. The following minimum structural setbacks shall apply to all development within the unincorporated areas of Sierra County. Unique structural setback requirements for the communities of Downieville and Sierraville are found in subsection (C)(4) of this section.

1. Lake, Reservoir, and Pond Setback Required. In all unincorporated portions of Sierra County, buildings and structures (other than those exceptions listed in subsection (E)(2) of this section) shall be setback a minimum of 150 feet from the high water line of any lake or pond, or from the design high water elevation of any reservoir.

a. Outside of Community Areas. In areas of unincorporated Sierra County outside of community areas, buildings and structures shall be setback 50 feet from any wetland or swale.

b. Within Community Areas. In areas of unincorporated Sierra County within community areas, buildings and structures shall be placed outside of any wetland or swale, except on existing legal lots where there is no alternative space available. In such instances, buildings and structures shall be designed and located with consideration of maximum feasible avoidance of wetlands. Best management practices consistent with SCC 12.08.590 shall be implemented to minimize impacts to any wetland or swale.

a. Outside of Community Areas. In areas of unincorporated Sierra County outside of community areas, buildings and structures shall be:

i. Set back from the high water line of a perennial stream by a minimum of 150 feet.

ii. Set back from the high water line of an intermittent stream by a minimum of 50 feet.

iii. Set back from the high water line of an agricultural conveyance system by a minimum of 50 feet.

b. Within Community Areas. In areas of unincorporated Sierra County within a community area, excluding Downieville and Sierraville:

i. Buildings and/or structures shall be setback from the high water line of a perennial stream or intermittent stream by a minimum of 50 feet; and

ii. Best management practices to control erosion shall be implemented for any grading, landscaping, storage tanks or structures placed closer than 100 feet from the high water line of a perennial stream. The best management practices used shall be sufficient to achieve compliance with SCC 12.08.590.

4. Structural Setback Criteria for Downieville and Sierraville. Structural setbacks within the community areas of Downieville and Sierraville shall be determined on a case-by-case basis in accordance with the following criteria. Procedural requirements for issuance of development permits are provided in subsection (F) of this section.

a. Structural setbacks shall provide for the maximum feasible avoidance of impacts to intermittent and perennial streams, lakes, ponds, reservoirs, springs, wetlands, swales, riparian areas and meadows in consideration of site-specific conditions while allowing reasonable use of the property. Site-specific conditions that shall be considered may include lot dimensions, existing vegetation, soils, slopes, and location of existing structures or development.

b. Structural setbacks shall be consistent with and reasonably suited to the character of, and existing setbacks within, the immediate neighborhood and adjacent land uses.

c. Structural setbacks need not exceed 50 feet, but best management practices shall be implemented to reduce disturbance and erosion for any structures placed closer than 100 feet from the high water line of perennial streams. Best management practices shall be sufficient to achieve compliance with SCC 12.08.590.

d. Structural setbacks shall minimize the potential for increased erosion due to removal of vegetation and considering soil and slope stability.

D. Sewage Disposal Setbacks. The following minimum sewage disposal facility setbacks shall apply to all development within the unincorporated areas of Sierra County.

1. Outside of Community Areas. In areas of unincorporated Sierra County outside of community areas, sewage disposal facilities shall be set back a minimum of 50 feet from the high water line of intermittent streams, wetlands and swales. Sewage disposal facilities shall be set back a minimum of 150 feet from the high water line of perennial streams, lakes, ponds, and reservoirs, unless a greater set back is required by the County Environmental Health Department or State Regional Water Quality Control Board.

2. Within Community Areas. In areas of unincorporated Sierra County within a community area, sewage disposal facilities shall be set back a minimum of 50 feet from the high water line of intermittent streams, wetlands and swales. Sewage disposal facilities shall be set back a minimum of 100 feet from the high water line of perennial streams, lakes, ponds, reservoirs, and other existing or potential potable water sources unless a lesser set back has been approved by the County Environmental Health Department, the California Department of Public Health, and/or the California Regional Water Quality Control Board, as appropriate.

a. Maintenance and repair of existing structures and facilities, including septic systems, with no further encroachment into the setback area.

b. Remodeling without expansion of the existing footprint.

c. New roads, bridges, and utility crossings provided they do not involve any physical alteration of a watercourse; or provided appropriate permits are obtained from the county and other authorities having jurisdiction where hydrologic modifications are proposed.

d. Retaining walls and landscape walls less than four feet in height and not located in a FEMA-mapped floodplain.

e. Wells and pump facilities including a well-house not exceeding 64 square feet in size.

2. Permitted within Lake, Reservoir, or Pond Setbacks. Construction of docks, piers, boat launches, marinas, boathouses, and similar structures and facilities is permitted within any lake, reservoir, or pond setback provided such activities do not involve any physical alteration of a watercourse; or with appropriate permits from other authorities having jurisdiction where hydrologic modifications are proposed. Location and design of these structures shall be controlled by applicable state and local regulations.

3. Permitted within Stream Setbacks. Enclosed conveyance facilities, impoundments, and diversion structures are permitted within stream setback areas provided appropriate permits from other authorities having jurisdiction are obtained to authorize any proposed hydrologic modifications.

1. Site Plans Required. Prior to the issuance of any grading or building permit or commencement of any grading or construction within a property adjacent or proximate to a water resource regulated by this section, a site plan of the proposed development shall be reviewed and approved by Sierra County. Applications for site plan approval shall be accompanied by such maps, plans, drawings, and sketches as necessary to show:

a. The parcel boundaries;

b. The proposed site layout including proposed buildings, structures, sewage disposal facilities, grading, paving, drainage facilities, and signs;

c. Existing buildings, structures, sewage disposal facilities, paving, drainage facilities, and signs on the project site and each adjacent parcel within 100 feet;

d. The high water line of all lakes, ponds, reservoirs, and/or streams and the location of springs within and adjacent to the site;

e. The required setbacks from the high water line of any water resource regulated under this section; or for proposed development within the community areas of Downieville or Sierraville, the proposed setbacks from any water resource regulated under this section;

f. The extent of natural features within the project site, including topography, and the approximate boundaries of riparian areas, wetlands and swales;

g. Indication of any applicable overlay zone; and

h. Best management practices that will be implemented with the project to control erosion and sedimentation.

a. The Planning and Building Department shall approve a proposed site plan and issue grading and building permits if all of the following conditions are met:

i. The proposed site plan meets the setback requirements established under subsection (C) of this section; and

ii. The proposed project is permitted in the base district; and

iii. The proposed development protects all riparian areas within the setback established under subsection (C) of this section to the maximum extent feasible; and

iv. The proposed development includes best management practices sufficient to achieve compliance with SCC 12.08.590; and

v. The proposed development is consistent with the Sierra County general plan, zoning code, and building code.

b. For development on land that is within an -SZ overlay or OS zoning district, the Planning and Building Department shall approve the proposed site plan and issue grading and building permits if all of the conditions in subsection (F)(2)(a) of this section are met, and all of the conditions in SCC 15.12.284(C)(2)(a) are met for land within the -SZ overlay, and all of the conditions in SCC 15.12.286(C)(2)(a) are met for land within the OS zoning district, and the proposed use is permitted within the zoning district applying to the property.

c. Any determination by the Planning Director approving or rejecting a proposed site plan may be appealed to the Planning Commission in accordance with SCC 20.05.130.

a. When approval is required by the Planning Commission on appeal of a decision by the Planning Director, the application shall include a site plan review by the Planning Commission. The site plan shall be accompanied by such maps, plans, drawings, and sketches as necessary to show those details defined in subsection (F)(1) of this section.

b. The Planning Commission may grant a variance from the stream setback requirements in accordance with subsection (G) of this section.

G. Variances from Setback Requirements. The Planning Commission may approve variances from the setback requirements established in this section.

a. Information Required. In addition to the information required under SCC 15.24.020, any application for a variance from a setback established in this section shall include a site plan meeting the requirements identified in subsection (F)(1) of this section.

b. The Planning Director shall investigate each application to assure that the proposal is consistent with the intent and purpose of this section, make recommendations to the Planning Commission, and follow the procedures outlined in Chapter 15.24 SCC.

2. Findings. The Planning Commission shall consider the request for a variance from the water resource setbacks provided herein at a public hearing, and may approve the variance only if all of the determinations identified in SCC 15.24.070 as well as all of the following findings can be made:

i. Approval of the proposed variance is consistent with the Sierra County general plan, zoning code, and building code.

ii. Approval of the proposed variance is consistent with the applicable policies and regulations of the Sierra County grading regulations, Chapter 12.08 SCC.

iii. The proposed variance does not result in any new development located within an adopted regulatory floodway, and 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 effects 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.

iv. The proposed development will be compatible with the proximate land use pattern.

v. The proposed use will not impair the function and/or viability of water resources, water quality, and wildlife habitat and movement along regulated water resources.

b. Special Findings for Approval of Reduced Setbacks outside of Community Areas. Setbacks may be reduced by as much as 50 percent (but in no case to less than 50 feet) if all of the following findings are made:

i. The narrower setback would not increase potential for erosion due to substantial modifications to existing vegetation cover and soil and slope stability, or the project has incorporated sufficient best management practices to ensure that the narrower setback would not increase potential for erosion.

ii. The narrower setback would not fall within the 100-year floodplain, unless no reasonable alternative exists on the parcel.

iii. The narrower setback would fully protect existing riparian areas at the site, unless no reasonable alternative exists on the parcel.

c. Special Findings for Approval of Reduced Setbacks Inside Community, Excluding Downieville and Sierraville. Setbacks may be reduced by as much as 50 percent (but in no case to less than 25 feet) if all of the following findings are made:

i. The narrower setback avoids impacts to water resources regulated under this section to the maximum extent feasible in consideration of site-specific conditions while allowing reasonable use of the property;

ii. The narrower setback would not increase potential for erosion due to substantial modifications to existing vegetation cover and soil and slope stability, or the project has incorporated sufficient best management practices to ensure that the narrower setback would not increase potential for erosion;

iii. The narrower setback would fully protect existing riparian vegetation at the site, unless no reasonable alternative exists on the parcel; and

iv. The proposed development will be compatible with the proximate land use pattern. (Ord. 1042, eff. 10/17/12; Ord. 423, eff. 7/7/74; Prior code § 86211.1)