This chapter shall be known and may be cited as the "Placer County Zoning Ordinance," Chapter 17 of the Placer County Code. This chapter is enacted to protect and promote the public health, safety, peace, comfort, convenience and general welfare; and more particularly to:
A. 
Carry out the goals and objectives of the Placer County general plan and the community plans adopted pursuant to the general plan, and to guide and manage the future growth of the county in accordance with those plans;
B. 
Manage land use in a manner that will assure the orderly development and beneficial use of the unincorporated areas of Placer County for residential, commercial, industrial, agricultural, forestry, open space and other purposes;
C. 
Manage the distribution of population in accordance with the availability of the natural resources, and public facilities and services necessary to support a growing population;
D. 
Protect and preserve important features of the Placer County natural environment and the natural beauty of the area;
E. 
Reduce hazards to the public resulting from the inappropriate location, use or design of buildings and land uses in relation to natural and built hazards, and the county highway system;
F. 
Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning.
(Ord. 5126-B, 2001)
A. 
This chapter is adopted based on the authority vested in Placer County by the state of California, including but not limited to the State Constitution; Section 65800 et seq. of the California Government Code; the California Environmental Quality Act (CEQA), the Housing Act, the Subdivision Map Act, the Health and Safety Code, and the Surface Mining and Reclamation Act (SMARA).
B. 
It is the intent of the Placer County board of supervisors that this chapter be adopted and maintained so as to be consistent with the Placer County general plan and applicable community plans, and that any land use or development approved according to the requirements of this chapter will also be consistent with the Placer County general plan and any applicable community plan.
(Ord. 5126-B, 2001)
This chapter applies to all land uses and development within the unincorporated areas of Placer County as provided by this section, including land uses and development undertaken by units of government; except that uses and development located within the areas covered by the community plans listed below, in which case the regulatory provisions of such plans (or land use ordinances adopted pursuant to such plans) shall apply, unless such regulations conflict with Section 17.02.050(D) or defer to the provisions of this chapter, or unless such regulations are silent regarding land use matters otherwise governed by the provisions of this chapter:
1. 
Squaw Valley General Plan/Squaw Valley Land Use Ordinance, Appendix A to Chapter 17 of the Placer County Code;
2. 
Placer County Tahoe Basin Area Plan and Placer County Tahoe Basin Area Plan Implementing Regulations, Appendix B to Chapter 17 of the Placer County Code;
3. 
Bickford Ranch Development Standards, Appendix C to Chapter 17 of the Placer County Code;
4. 
Placer Vineyards Specific Plan Development Standards, Appendix D to Chapter 17 of the Placer County Code;
5. 
Regional University Specific Plan Development Standards and Design Guidelines, Appendix E to Chapter 17 of the Placer County Code;
6. 
Riolo Vineyards Specific Plan Development Standards, Appendix F to Chapter 17 of the Placer County Code;
7. 
Martis Valley West Parcel Specific Plan Development Standards, Appendix G to Chapter 17 of the Placer County Code;
8. 
Sunset Area Plan Implementing Zoning Regulations, Appendix H to Chapter 17 of the Placer County Code;
9. 
Placer Ranch Specific Plan Development Standards, Appendix I to Chapter 17 of the Placer County Code.
A. 
New Land Uses and Changes to Existing Uses. It is unlawful, and a violation of the Placer County Code, for any person or public agency to establish, construct, reconstruct, alter, replace or allow any use of land, building or structure, or divide any land, unless:
1. 
The proposed use of land is allowed by Articles 17.06 through 17.52 (Zone Districts and Allowable Uses of Land) within the zone district and any combining districts that apply to the subject site; and
2. 
The proposed use of land, building or structure, or division of land satisfies all applicable requirements of this chapter, including, but not limited to, minimum parcel size, height limits, required setbacks, parking standards, residential density, sign standards, specific use requirements; and
3. 
Any land use permit or other approval required by Articles 17.06 through 17.52 (Zone Districts and Allowable Uses of Land) is first obtained as provided by Article 17.58 (Discretionary Land Use Permit Procedures), and any applicable conditions of approval are first satisfied.
B. 
Issuance of Building Permits. No building permit shall be issued by the building official pursuant to Chapter 15 of this code unless the proposed land use and/or construction satisfies the provisions of this chapter.
C. 
Issuance of Take Authorization. No take authorization shall be issued by the county pursuant to Chapter 19, Article 19.10, Section 19.10.120 of this code unless the proposed covered activity satisfies the provisions of this chapter.
D. 
Authorization to Impact Aquatic Resources of Placer County. No authorization to impact aquatic resources of Placer County shall be issued by the county pursuant to Chapter 19, Article 19.10, Section 19.10.120 unless the proposed covered activity satisfies the provisions of this chapter.
E. 
Continuation of an Existing Use. It is unlawful and a violation of this code for any person to operate or maintain a land use established according to the requirements of the zoning ordinance in any manner that violates any provisions of this chapter. However, the requirements of this chapter are not retroactive in their effect on a use of land that was lawfully established before this chapter or any applicable amendment became effective, except where an alteration, expansion or modification to an existing use is proposed, and except as provided by Sections 17.60.120, et seq. (Non-conforming Uses).
F. 
Effect of Zoning Ordinance Changes on Projects in Progress. The enactment of this chapter or amendments to its requirements may have the effect of imposing different standards on development or new land uses than those that applied to existing development (e.g., this chapter or a future amendment could require more off-street parking spaces for a particular land use than former zoning ordinance provisions). This subsection determines how the requirements of this chapter apply to development project in progress at the time requirements are changed.
1. 
Projects With Pending Applications. All land use permit applications that have been determined to be complete as provided by California Government Code Section 65943 before the effective date of this chapter or any amendment, shall be processed according to the regulations and requirements in effect at the time the application was accepted as complete. Applications for land use permit extensions of time shall be consistent with the requirements of the zoning ordinance in effect when the time extension application is accepted as complete (see BOS Minute Order #93-02).
2. 
Approved Projects Not Yet Under Construction. Any use authorized by an administrative review permit, minor use permit, conditional use permit or variance, for which construction has not begun as of the effective date of this chapter, or any amendment, may still be constructed as provided by the approved permit, as long as the permit is exercised before the expiration of the permit pursuant to Section 17.58.160 (Permit time limits and extensions), or, where applicable, before the expiration of any time extension granted under Section 17.58.160.
3. 
Completion of Projects Under Construction. A building or structure that is under construction as of the effective date of this chapter or any amendment, need not be changed to satisfy any new or different requirements of this chapter as long as the building permit remains valid and current.
G. 
Other Requirements May Still Apply. Nothing in this chapter shall eliminate the need for obtaining any other required permits, including, but not limited to, those required by Chapters 15 and 16 of this code, such as building permits, plumbing, electrical, or mechanical permits, grading permits, the approval of a parcel or final map, or any permit, approval or entitlement required by other chapters of this code or the regulations of any county department or other public agency, including, but not limited to, authority to construct or permit to operate from the Placer County air pollution control district, or lake and streambed alteration agreements from the California Department of Fish and Wildlife. Where a California Land Conservation Act (Williamson Act) Agreement exists that includes a specific parcel of land, the provisions of that Agreement, as well as the provisions of Article 17.64 of the Placer County Code and Section 51200 et seq., of the California Government Code also apply.
(Ord. 5126-B, 2001; Ord. 6041-B § 1, 2020; Ord. 6048-B § 1, 2020)
This chapter shall be administered by the planning director and the Placer County planning department, board of supervisors, planning commission, zoning administrator, development review committee, design site review committee and parcel review committee, as provided in Article 17.60 of this chapter.
(Ord. 5126-B, 2001)
The planning director is assigned the responsibility and authority to interpret the requirements of this chapter. Questions about the meaning of any part of this chapter shall be resolved as provided by this section.
A. 
Language.
1. 
Construction. When used in this chapter, the word "shall," is always mandatory and "may" is discretionary. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.
2. 
Number of Days. Whenever a number of days is specified in this chapter, or in any permit, condition of approval or notice issued or given as provided in this chapter, such number of days shall be construed as calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a weekend or holiday.
3. 
Minimum Requirements. When interpreting and applying the regulations of this chapter, all provisions shall be considered to be the minimum requirements, unless stated otherwise (e.g., height limits for buildings and structures, building coverage, and the numbers and size of signs allowed are maximums, not minimums).
B. 
Map Boundaries. If there is uncertainty about the location of any zoning boundary or other line on the official zoning maps, the following procedures shall be used in resolving the uncertainty:
1. 
Where a boundary is shown as approximately following a lot line, the lot line shall be deemed to be the boundary.
2. 
Where a zone district boundary is not shown to include an adjacent street or alley, the district boundary shall be deemed to extend to the centerline of the right-of-way.
3. 
Where a boundary is shown as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, railroad right-of-way, street or alleyway, the boundary location shall be determined by the planning director, based upon the actual location of the physical feature as determined by a site survey, legal description and/or use of remote sensing equipment that can identify the particular feature that is used as a boundary.
4. 
Where a zoning boundary crosses a parcel rather than following a property line, so that a single parcel is covered by two separate zone districts, the larger of the minimum parcel sizes required in the two zones by Articles 17.06 through 17.52 (Zone Districts and Allowable Uses of Land) shall apply to any proposed parcel within more than one zone district.
5. 
Where the planning director determines through review of the public record of the board of supervisors hearing and action on a rezoning that a zoning boundary, line, or other information on an official zoning map has been drafted in error, the planning director shall have the authority to correct the error to make the official map consistent with the action of the board of supervisors.
C. 
Allowable Uses of Land. If a proposed use of land is not specifically listed in Articles 17.06 through 17.52 (Zone Districts and Allowable Uses of Land), the use shall not be allowed, except as follows:
1. 
The planning director may determine that a proposed use not listed in Articles 17.06 through 17.52 is allowable if the director finds all of the following:
a. 
The proposed use will be consistent with the goals, objectives and policies of the general plan;
b. 
The proposed use will meet the purpose and intent of the zoning district that is applied to the site;
c. 
The proposed use will share characteristics common with those listed in the zoning district, and will not be of greater intensity, density, or generate more environmental impact than the uses listed in the district;
d. 
If the use of land involves an agricultural or related use, the director shall consult with the agricultural commissioner.
2. 
When the planning director determines that a proposed unlisted use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what other standards and requirements of this chapter apply.
3. 
Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the planning department, and will be incorporated into the land use definitions of the zoning ordinance when amendments to the ordinance are next considered.
4. 
The planning director may forward questions about equivalent uses directly to the planning commission for determination at a public hearing. Notice of such hearing shall be provided by posting at least 72 hours prior to the hearing, and by the matter being listed on the commission agenda.
D. 
Conflicting Provisions.
1. 
Other Code Provisions. If conflicts occur between different requirements of this chapter, or between this chapter and other provisions of the Placer County Code or between the Placer County Code and any applicable state law, the most restrictive shall apply.
2. 
Community Plan Standards. When conflicts occur between the provisions of this chapter and standards adopted by ordinance in any applicable community plans, including those areas within the jurisdiction of the Tahoe Regional Planning Agency (TRPA), the provisions of the community plans shall apply.
3. 
Specific Plans. When conflicts occur between the provisions of this chapter and standards adopted as part of any specific plan, the provisions of the specific plan shall apply.
4. 
Private Agreements. The requirements of this chapter are not intended to interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that was in effect when this chapter became effective. Where this chapter imposes a greater restriction on the development or use of structures or land than a private requirement, the provisions of this chapter shall apply. Where a covenant or private agreement imposes a greater restriction than this chapter, the provisions of this chapter shall still apply (without diminishing any private agreements or restrictions). The county will not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
5. 
Tahoe Basin. Within the Lake Tahoe Basin, in any area identified within the boundaries of the Placer County Tahoe Basin Area Plan Land Use Diagram shall be governed by the provisions of said Plan and regulated by the Placer County Tahoe Basin Area Plan Implementing Regulations.
E. 
Record of Interpretations. Whenever the planning director determines that the meaning of any of the requirements of this chapter are unclear generally or as applied to a specific case, the planning director may issue an official interpretation. Official interpretations shall be:
1. 
In writing, and shall quote the provisions of this chapter being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and
2. 
Distributed to the board of supervisors, planning commission, development review committee, and members of the planning department staff.
3. 
Any zoning ordinance provisions that are determined by the planning director to be unclear will be corrected by amending the zoning ordinance as soon as is practical. Until amendments can occur, the planning director shall maintain a complete record of all official interpretations, available for public review, and indexed by the number of the zoning ordinance section that is the subject of the interpretation.
F. 
Appeal and Referral. Any official interpretation by the planning director may be appealed to the community development/resource agency director and, thereafter, as provided by Section 17.60.110 (Appeal). The planning director may refer any interpretation of this chapter to the planning commission for a ruling.
(Ord. 5126-B, 2001; Ord. 5373-B, 2005; Ord. 5459-B Exh. A, 2007; Ord. 5853-B § 1, 2016; Ord. 6041-B § 2, 2020)
If any chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of the zoning ordinance is for any reason held to be invalid, unconstitutional or unenforceable, such decisions shall not affect the validity of the remaining portions of the zoning ordinance. It is declared that the zoning ordinance and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more of such portions of the zoning ordinance be declared invalid, unconstitutional or unenforceable.
(Ord. 5126-B, 2001)