15.12.284 Stream zone -SZ overlay district.
A. Purpose.
1. Establishment. The stream zone -SZ overlay zoning district is established in order to combine with and modify the base zoning district for any property to which this overlay district is applied. All of the provisions of the base zoning district will continue to apply, except as modified by the provisions of this section. The -SZ overlay zoning district shall be applied to any portion mapped in the Sierra County general plan countywide land use maps found on pages 1-35 and 1-36 and all areas located within community core or influence areas on the individual community land use maps and designated as a “stream zone” special treatment area (STA); and shall also include “meadows” as defined in Chapter 15.08 SCC.
2. Purpose and Intent. The -SZ overlay zoning district shall be applied to property to implement the goals and policies of the county general plan to assure adequate protection of riparian resources. These zones are along streams where retention of native vegetation, natural contours, and low erosion and sedimentation rates are desired.
B. Uses Regulated.
1. Permitted Uses. The following uses are allowed in the stream zone overlay district:
a. Preservation of natural resources including, but not limited to: preservation of plant and animal life, including habitat for fish and wildlife species; ecologic and other scientific study purposes; rivers, streams, and estuaries; lake shores, banks of rivers and streams, and watershed lands.
b. Recharge of groundwater basins, marshes, rivers and streams.
c. Low-intensity outdoor recreation, including scenic, historic and cultural areas; low-intensity park and recreation purposes, including access to lake shores, and rivers and streams; and links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic highway corridors.
d. Management for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.
e. Dredging under a valid permit issued by the Department of Fish and Game or other state or federal agency having jurisdiction.
f. Maintenance and repair of existing structures and facilities.
g. Remodeling without expansion of the existing footprint.
h. New septic systems on existing legal lots with approval by the County Environmental Health Department, where there is no suitable alternative area on the same lot.
i. Private driveways meeting minimum firesafe standards under PRC 4290, footbridges, utility crossings, and retaining walls not over four feet in height, provided the proposed development does not involve any physical alteration of a watercourse.
j. Wells and pump facilities including a well-house not exceeding 64 square feet in size.
k. Grazing.
l. Any nonstructural uses allowed in the base zoning district when it can be conclusively demonstrated that the activity in question would not have a significant effect on the stream overlay zone.
m. Residences and other structures consistent with the county general plan land use designation.
2. Conditionally Permitted Uses. All uses allowed in the underlying base district not otherwise specified herein as permitted or prohibited shall be permitted only upon issuance of a conditional use permit.
3. Prohibited Uses. The following uses are prohibited:
a. Removal of native vegetation except when done in conjunction with a permitted or conditionally permitted use.
b. Installation of new or expansion of existing sewage disposal facilities, except in cases where there is no suitable area on the same lot, and with approval by the County Environmental Health Department.
c. Industrial uses.
d. Storage and/or disposal of hazardous materials.
C. Procedures.
1. Site Plans Required. Prior to the issuance of any building permit or commencement of any construction of any building or structure within the -SZ overlay zone, a site plan of the proposed development shall be submitted for approval by Sierra County meeting the requirements of SCC 15.12.060(F)(1).
2. Site Plan Review and Approval by Planning and Building Department.
a. For development on land that is within the stream zone overlay district, the Planning and Building Department shall approve the proposed site plan and issue grading and building permits if all of the following conditions are met:
i. The proposed site plan meets the requirements established under SCC 15.12.060(F)(1); and
ii. The proposed project is permitted in the base district; and
iii. The proposed project is permitted in any applicable overlay zoning districts, including the stream zone overlay district; and
iv. The proposed development is consistent with the Sierra County general plan, zoning code, and building code; and
v. The proposed project meets the requirements of SCC 15.12.060.
b. 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.
3. Site Plan Review and Approval by Planning Commission.
a. When approval is required by the Planning Commission, either for a conditional use permit in this district or on appeal of a decision by the Planning Department, 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 SCC 15.12.060(F)(1).
b. The Planning Commission may approve, conditionally approve, or deny the project application following its review in accordance with subsection (C)(4) of this section.
4. Findings. The Planning Commission shall consider the request for a conditional use permit at a public hearing. Upon completion of its review, the Planning Commission shall approve, conditionally approve, or deny the request. The Planning Commission may approve or conditionally approve the request only if all of the following findings are made:
a. Approval of the proposed development is consistent with the Sierra County general plan, zoning code, and building code.
b. Approval of the proposed development is consistent with the applicable policies and regulations of the Sierra County grading regulations, Chapter 12.08 SCC.
c. The proposed development will be compatible with the proximate land use pattern.
d. 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.
e. The proposed development has considered retention of native vegetation and natural contours.
f. Best management practices (BMPs) to reduce erosion and sedimentation rates are incorporated into the project.
g. The proposed development prevents significant impacts on riparian and aquatic habitat unless the development occurs on existing legal lots where there is no alternative space available.
h. The proposed development does not occur in a “meadow” as defined in Chapter 15.08 SCC.
i. The development satisfies the requirements of SCC 15.12.060. (Ord. 1042, eff. 10/17/12)