Del Norte County Municipal Code Ch. 21.11 RCA1 General Resource Conservation Area District

Resource conservation areas are those environmentally sensitive habitat areas which are identified by the General Plan Coastal Element as wetlands, farmed wetlands, riparian vegetation, estuary and coastal sand dunes. The general resource conservation area zone is intended to designate those resource conservation areas which require further data, particularly mapping, prior to new or additional development and to serve as a transition zone until such data is made available, reviewed and adopted by the county. Changes of zone from general resource conservation area to another classification are to be made subject to the requirements of Section 21.11.60 herein and only where such uses are in accord with the General Plan or adopted specific plan.

For the purposes of Section 21.52.20(A)(4), the general resource conservation area uses listed under the principal permitted use section herein, shall be considered as the principal permitted use in the California Coastal Zone. Variances and adjustments to the district's requirements and standards shall not be considered a principal permitted use for the purposes of Section 21.52.20(A)(4).

The regulations set forth in this chapter apply in all RCA1 districts and are subject to the provisions of Chapters 21.02 through 21.60.

(Ord. 83-03 (part))

This zone shall be applied to those parcels or portions of parcels adjacent to or within the resource conservation areas which are identified by the General Plan Coastal Element for which the requirements of Section 21.11.60 have not been met.

(Ord. 83-03 (part))

The principal permitted resource conservation area - general use includes:

1. Fish and wildlife management.

2. Nature study.

3. Hunting and fishing including development of duck blinds and similar minor facilities.

4. Maintenance of existing flood drainage control and drainage channels.

5. Removal of windblown trees which threaten an existing structure.

(Ord. 86-04 (part), 1986: Ord. 83-03 (part))

Uses permitted with a use permit include:

1. Wetland restoration per Section 21.11A.70.

(Ord. 83-03 (part))

Development which exists on a parcel at the time of the application of this chapter to that parcel shall be considered a nonconforming use. Any property owner/applicant considering an expansion of or change in such development should consider the rezoning of the property pursuant to Section 21.11.60 to determine whether the project would be consistent after rezoning. Where such a rezoning is not found to be feasible, an application may be submitted pursuant to Section 21.48.50(E) which shall include the supplemental information required by section 21.11A.50.

(Ord. 86-04 (part), 1986: Ord. 83-03 (part))

The rezoning of a parcel or parcels designated as RCA may be considered subject to the requirements of Chapters 21.50 and 21.50B and the special requirements listed in this section.

1. Mapping. In order to determine the actual boundary of the resource conservation area and the location of any buffer zone which may be required for it, supplemental mapping shall be submitted as a part of the rezoning application, including:

   1. Topographic Base Map. The base map should be at a scale sufficiently large to permit clear and accurate depiction of vegetation associations and soil types in relation to any and all proposed development (normally the scale required will be one inch equals two hundred feet). Contour intervals should be five feet, and the map should contain a north arrow, graphic bar scale, and a citation for the source of the base map (including the date). The map should show the following information:

      1. Boundary lines of the applicant's property and adjacent property, including assessor's parcel numbers, as well as the boundaries of any tidelands, submerged lands or public trust lands, per Section 21.50.40.

      2. Names and locations of adjacent or nearby roads, streets or highways, and other important geographic, topographic and physical features such as streams, bluffs or steep slopes.

      3. Location and elevation of any levees, dikes or flood-control channels.

      4. Location, size and invert elevation of any culverts or tide gates.

      5. Existing development (structures, agricultural areas, etc.).

   2. Inundation Map. For nontidal wetlands, a map should be prepared indicating permanent or seasonal patterns of inundation (including sources) in a year of normal rainfall.

   3. Vegetation Map. Location and names of dominant plant species (e.g., Saliconia Virginica) and vegetation associations (e.g., saltmarsh).

   4. Soils Map. If no soil survey is available, a soils map should be prepared and should show the location of soil types and include a physical description of their characteristics.

2. Supplemental Information. Where development is proposed in conjunction with the rezoning, a supplement information report may be required pursuant to Section 21.11A.50.

3. Review. Upon receipt of a complete rezoning application and prior to any public hearing the county shall submit the above information to the California Department of Fish and Game for review. The Department of Fish and Game shall have up to fifteen days upon receipt of the county notice to review and comment. This requirement does not supersede any other review requirements, such as those of the California Environmental Quality Act, and may be carried out in conjunction with any other review which meets or exceeds the fifteen-day time period

4. Findings and Disposition.

5. The county's determination regarding the rezoning shall be based upon specific findings as to whether the area is or is not a resource conservation and/or a wetland buffer area based on the General Plan Coastal Element Criteria and California Coastal Commission's "Statewide Interpretive Guidelines for Wetlands and Other Wet Environmentally Sensitive Habitat Areas" as adopted February 4, 1981.

   2. Where it is found that all or a portion of a parcel is in a resource conservation area and/or is in any wetland buffer required by Section 21.11A.20(B) said parcel or portion of a parcel shall be rezoned to RCA2 with a parenthetical reference as to the type of resource conservation area, i.e., wetland (w), farmed wetland (fw), estuary (e), riparian vegetation (r), coastal sand dunes (sd) or wetland buffer (wb). Where more than one type exists, the distinction shall be noted on the zoning map.

   3. Where it is found that all or a portion of a parcel is not in a resource conservation area and/or any required wetland buffer, a finding shall be made that the non-RCA area is within the abutting General Plan land use classification and said parcel or portion of parcel shall be rezoned to another zoning classification which is in accord with the General Plan or adopted specific plan as set forth in Chapters 21.51A and 21.51B.

   4. Where parcels totally within the RCA2 zone are contiguous with a parcel outside or partly outside of the RCA2 area, and where all of these parcels have a single owner, said parcels shall be merged at the time the RCA2 zoning is placed in effect upon the properties.

(Ord. 83-03 (part))