Chapter 18.94 — NH NATURAL HABITAT COMBINING DISTRICT

The intent of the NH natural habitat combining district is to protect areas which are recognized and established in the county general plan and applicable area plans as important to the wildlife populations of the county. These resources are important to the scenic, recreation, cultural, social, and economic values of the county. Accordingly, the county, in desiring to provide an appropriate place for these wildlife populations and to minimize the effects of development on them, while at the

same time maximizing the enjoyment and use of private property, establishes the regulations provided in this chapter. (Ord. 467 § 63, 1984)

Except as otherwise provided in this chapter, lands in an NH combining district shall be subject to the provisions of the companion zone or zones with which it is combined, and shall also be subject to the provisions of Chapters 18.102 through 18.108 of this title. (Ord. 467 § 63, 1984)

Development standards in an NH area shall be as follows:

• (1) In those areas where the general plan, or an area plan, has delineated natural habitat areas, the California Department of Fish and Game has identified and the county of Lassen has adopted specific wildlife concerns and appropriate development limitations and mitigations necessary therein. These areas shall have the NH zoning district combined with the principal zoning designation.

• (2) An average building site area shall be established for each NH district and shall be indicated by a figure following the NH in the zoning district designation. The figure shall represent the average building site area in acres.

Development projects creating building sites in the NH combining district shall be designed so that the overall density is not greater than the density afforded the project by the average parcel size specified for the applicable zoning district, or as specified in the general plan or applicable area plan.

• (3) "Development," as used in this chapter, shall include the siting and construction of principal structures, as well as accessory buildings and improvements including but not limited to: roads and parking areas; barns, corrals, pastures and animal pens; landscaping; the clearing of natural vegetation and general site disturbance; and waterway alterations.

• (4) On lands within the NH combining district for which specific building sites of a specified size have been designated as part of a subdivision, parcel map, or subsequent development permit approval, all development, as described in subsection (3) of this section shall be contained within the building site so designated unless otherwise approved in writing by the county in consultation with affected responsible and trustee agencies.

• (5) Lands within the Richmond/Gold Run planning area zoned to include the NH-14 combining district shall be subject to the following development standards:

  • (A) For parcels designated "estate residential" north of and fronting on Gold Run Road, situated west of Parcel C as described in that certain consent of record owner recorded in Book 300 at page 368 in the office of the recorder, county of Lassen, state of California, and on both sides of Gold Run Road in Section 23 T29N. R11E. MDM, of between fourteen and twentyeight acres in size, proposals to create one additional parcel may be submitted for consideration by the county. In such cases, the fourteen-acre average parcel size requirement may be waived, provided that all of the following conditions are met: (i) the one additional parcel is not smaller than one acre; (ii) all development as described in subsection (3) of this section is located within five hundred feet of Gold Run Road (unless waived by the planning commission or board of supervisors based on the findings and recommendation of a qualified wildlife biologist); and (iii) the proposal complies with all other pertinent provisions of the Richmond/Gold Run area plan.

l is not smaller than one acre; (ii) all development as described in subsection (3) of this section is located within five hundred feet of Gold Run Road (unless waived by the planning commission or board of supervisors based on the findings and recommendation of a qualified wildlife biologist); and (iii) the proposal complies with all other pertinent provisions of the Richmond/Gold Run area plan.

• (B) For properties twenty-eight acres or larger in size, all newly created parcels shall front on Gold Run Road; all development as described in subsection (3) of this section shall be located within five hundred feet of Gold Run Road (unless waived by the planning commission or board of supervisors based on the findings and recommendation of a qualified wildlife biologist); and the overall project density shall not exceed that afforded by the fourteen-acre average parcel size requirement.

• (Ord. 467 § 63, 1984; Ord. 467-U § 4, 1995; Ord. 467-AD, 2007)

Site development plan requirements in an NH district shall be as follows:

• (1) In any district with which is combined an NH district, approval of a site development plan shall be required in conjunction with any application subject to approval by county agencies including, but not limited to, building permits, use permits, subdivision and parcel map applications.

• (2) Any such site development plan shall be considerate of and compatible with identified wildlife resources, the general plan or applicable area plan. Such development shall also be considerate of existing neighboring applications.

• (3) Such site development plan shall accompany a submitted development application and shall show:

  • (A) Parcel dimensions and parcel size;

  • (B) Existing improvements;

  • (C) Proposed locations, sizes, and types of rights-of-way, easements, utility line routes, roads, fences, and outdoor lighting;

  • (D) Proposed size and distribution of structures; and

  • (E) Proposed level of site disturbance, including tree and brush removal, earth removal, topographic changes, waterway alterations, and other considerations.

• (4) The fee for such review and necessary appeals shall be established by the board of supervisors.

• (Ord. 467 § 63, 1984)

Site development plan review in an NH district shall be as follows:

• (1) Such site development plan shall be considered by the planning department in an endeavor to ascertain its compatibility with the intent and provisions of this chapter and the Lassen County general plan, and applicable area plan policies. To this end, the planning department shall suggest any changes in the site development plan as it may deem to be necessary to accomplish the purposes of this chapter, and shall not approve any such plan until it is satisfied that such purposes will be accomplished by the site development plan.

• (2) In the case of site developments which are subject to C.E.Q.A. review, the planning department shall review the site development plan as part of the initial study. Such review shall comply with C.E.Q.A. requirements to mitigate potential environmental impacts, as well as comply with the criteria established in the general plan or applicable area plan.

• (3) In the case of site developments which are exempt from C.E.Q.A. review, the planning department shall review site development plans for conformance with the criteria established in the general plan or applicable area plan. Such review shall be incorporated whenever possible into the permit or project application process which initiated the site development plan review.

• (4) The site development plan review shall be conducted within time frames consistent with the county's procedure for environmental review and/or the permit or project application process which initiated the site development plan review. An approved site development plan shall be attached to all related applications and shall be considered in review of all related projects.

• (Ord. 467 § 63, 1984)

• (a) In case the applicant is not satisfied with the action of the planning department, the applicant may, within thirty days after such action, appeal in writing to the planning commission. The planning commission shall hold a hearing on said appeal and shall render its decision thereon within thirty days after the filing thereof.

• (b) In case the applicant is not satisfied with the action of the planning commission, the applicant may, within ten days after such action, appeal in writing to the board of supervisors. The board shall hold a hearing on said appeal and shall render its decision thereon within thirty days after filing thereof.

• (Ord. 467 § 63, 1984)