The Sensitive Resource Overlay Zone identifies areas with special
environmental qualities, or areas containing unique or endangered
vegetation or habitat resources. The purpose of these standards is
to require that proposed uses be designed with consideration of the
identified sensitive resources, and the need for their protection.
(Ord. 68 § 9-3.631, 1983)
The standards of Sections
9-3.633 through
9-3.635 apply to all uses requiring a zoning approval that are located within a Sensitive Resource Overlay Zone except agricultural uses not involving buildings, agricultural accessory buildings and one single-family residence on a single lot of record.
(Ord. 68 § 9-3.632, 1983)
The requirements established by Chapters 9-3 and 9-6 are modified
for the Sensitive Resource Overlay Zone as follows:
(a) Initial Submittal. The type of application to be submitted is to be as required by Chapter 9-3. That application will be used as the basis for an environmental determination as set forth in subsection
(c) of this section, and depending upon the result of the environmental determination, the applicant may be required to amend the application to a conditional use permit application as a condition of farther processing of the request (see subsection
(d) of this section).
(b) Application
Content. Applications for projects within a Sensitive Resource Overlay
Zone are to include a description of measures proposed to protect
the resources.
(c) Environmental
Determination.
(1) When a plot plan, precise plan or conditional use permit application has been accepted for processing as set forth in Section
9-2.102, it shall receive an environmental determination pursuant to the California Environmental Quality Act (CEQA).
(2) The initial study of the environmental determination is to evaluate
the potential effect of the proposed project upon the particular features
of the site or vicinity that are identified as the reason for the
sensitive resource designation.
(d) Final
Application Requirement and Processing.
(1) If an environmental determination results in the issuance of a negative
declaration, the entitlement requirement is to remain as established
for the initial submittal. In the event that a negative declaration
identified mitigation measures necessary to reduce environmental impacts,
such mitigation measures are to be applicable to the approved entitlement
as conditions of approval.
(2) If an environmental impact report is required, the project shall be processed and authorized only through conditional use approval (Section
9-2.110).
(Ord. 68 § 9-3.633, 1983)
Where a conditional use permit is required by the provisions
of the Sensitive Resource Overlay Zone, it may be approved only where
the following findings are made:
(a) The
development will not create significant adverse effects on the natural
features of the site or vicinity that were the basis for the Sensitive
Resource Overlay Zone and will preserve and protect such features
through the site design.
(b) Natural
features and topography have been considered in the design and siting
of all proposed physical improvements.
(c) Any
proposed clearing of topsoil, trees, or other features is the minimum
necessary to achieve safe and convenient access and siting of proposed
structures and will not create significant adverse effects on the
identified sensitive resource.
(d) The
soil and subsoil conditions are suitable for any proposed excavation.
Site preparation and drainage improvements have been designed to prevent
soil erosion and sedimentation of streams through undue surface runoff.
(Ord. 68 § 9-3.634, 1983)
All uses within a Sensitive Resource Overlay Zone are to conform
to the following standards:
(a) Surface
mining is not permitted.
(b) Shoreline
areas may not be altered by grading, paving, or other development
of impervious surfaces for a distance of 75 feet from any lakeshore
or 50 feet from any streambank, except where authorized through conditional
use permit approval. Where the requirements of the California Department
of Fish and Game or other public agency having jurisdiction are different,
the more restrictive regulations shall apply.
(c) Construction
and landscaping activities shall be conducted to not degrade lakes,
ponds, wetlands, or perennial watercourses through filling, sedimentation,
erosion, increased turbidity, or other contamination.
(d) Where
a Sensitive Overlay Zone is applied because of prominent geological
features visible from off-site (such as rock outcrops), those features
are to be protected and remain undisturbed by construction activities
or subsequent operation of the use, except where authorized by conditional
use permit approval.
(Ord. 68 § 9-3.635, 1983)