Sec. 26C-260A. - Purpose.

To conserve and protect land that is necessary for future mineral resource production. The MR district is intended to be applied only where consistent with the aggregate resources management plan and combined with base zoning within the general plan's land intensive agriculture, land extensive agriculture, diverse agriculture and resources and rural development land use categories. This zone allows mining with the issuance of a surface mining use permit and the approval of a reclamation plan, but restricts residential and other incompatible uses. Its uses supersede those allowed in the applicable base district.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-260. - Permitted uses, subject to site development & erosion control standards.

The following uses are permitted except within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan in which case a use permit is required. All clearing of vegetation, grading, excavation, fill or construction in association with these uses shall conform to the site development and erosion control standards.

(a)

Resource management uses:

(1)

Geotechnical studies involving no grading or construction of new roads or pads.

(2)

Timber management including planting, raising, and harvesting of trees and logs for lumber or fuel woods subject to requirements of California Department of Forestry and Fire Protection.

(3)

Raising, grazing, maintaining and breeding of horses, cattle, sheep, goats and similar animals.

(4)

The outdoor growing and harvesting of plants, flowers, fruits, vegetables, shrubs, vines, trees, hay, grain and other similar food and fiber crops. Except as noted below, agricultural cultivation shall not be permitted in the following areas:

a.

Within one hundred feet (100′) from the top of the bank in the "Russian River Riparian Corridor."

b.

Within fifty feet (50′) from the top of the bank in designated "flatland riparian corridors."

c.

Within twenty-five feet (25′) from the top of the bank on designated "upland riparian corridors."

Agricultural cultivation may be allowed in subsections subsections a. through c. above upon approval of a management plan which includes appropriate mitigation for potential erosion, bank stabilization, and biotic impacts. This plan may be approved by the director of the permit and resource management department or by use permit pursuant to Section 26C-261(b)(8).

(5)

The indoor growing and harvesting of shrubs, vines, trees, hay, grain and similar food and fiber crops provided that the greenhouse or similar structure for indoor growing is less than eight hundred (800) square feet.

(6)

Incidental cleaning, grading, packing, polishing, sizing or similar preparation of crops which are grown on the site but not including agricultural processing.

(7)

Temporary or seasonal sales and promotion, and incidental storage of crops or fuel woods which are grown on the site.

(8)

Temporary or seasonal sales and promotion of livestock which have been raised on the site.

(9)

Beekeeping.

(b)

Other non-residential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses listed in Section 26C-260.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-261. - Uses requiring a use permit.

(a)

Sensitive area uses:

(1)

Permitted uses listed in Section 26C-260 when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(2)

Any clearing of vegetation, grading, excavation, fill or construction when located within a sensitive area, riparian corridor, critical habitat area, or unique feature designated in the general plan or coastal plan.

(b)

Resource management uses:

(1)

Mineral extraction and production as described below. In addition to meeting the requirements of this chapter, every use permit issued hereunder shall meet the requirements for a surface mining permit under the surface mining and reclamation ordinance, Chapter 26A of the Sonoma County Code and as such, when approved, shall constitute the surface mining permit required by Chapter 26A-3.

a.

Hardrock quarry operations; defined as processed or crushed rock operations which entail the extraction, stockpiling, processing and sale of bedrock geologic deposits.

1.

Asphalt batch plants incidental to hardrock quarries;

2.

Cement concrete batch plants incidental to hardrock quarries;

3.

Equipment storage yards incidental to resource management, including packing, repairing and storage of equipment so used;

4.

Accessory structures, offices, or other uses incidental to hardrock quarry operations.

b.

River terrace operations, defined as sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand and gravel from terrace floodplain deposits.

1.

Sand and gravel operations which entail the extraction, stockpiling, processing and sale of sand, gravel, over- burden, and topsoil;

2.

Equipment storage yards incidental to resource management, including parking, repairing and storage of equipment so used;

3.

Accessory structures, offices or other uses incidental to river terrace operations.

c.

Instream operations; defined as sand and gravel operations which entail the extraction and sale of sand, gravel, and overburden from streams and rivers. Processing shall be limited to the removal and placement of oversized (more than three inches (3″)) particles.

(2)

The raising, feeding, maintaining, and breeding of poultry, fowl, rabbits, fur-bearing animals, or animals such as veal calves, pigs, hogs, and the like, which are continuously confined in and around barns, corrals and similar areas for other than domestic purposes. Incidental processing of such animals which are raised on site. This subsection shall not be interpreted so as to require a use permit for animals allowed by Section 26C-260(a).

(3)

Geotechnical studies which involve grading or construction of new roads or pads.

(4)

Commercial harvesting and sales of off-site fuel woods not subject to the requirement of the California Department of Forestry and Fire Protection.

(5)

Controlled burns undertaken for purposes of fuel load management and wildlife habitat enhancement.

(6)

Oil and gas wells.

(7)

Water conservation dams and ponds.

(8)

Agricultural cultivation in the following areas, for which a management plan has not been approved pursuant to Section 26C-260(a)(4).

a.

Within one hundred feet (100′) from the top of the bank in the "Russian River Riparian Corridor."

b.

Within fifty feet (50′) from the top of the bank in designated "flatland riparian corridors."

c.

Within twenty-five feet (25′) from the top of the bank on designated "upland riparian corridors."

(c)

Other uses:

(1)

Unpaved private landing strips.

(2)

Accessory structures, or uses incidental and appurtenant to any use for which a use permit has been granted or is required.

(3)

Minor public utility buildings and public service or utility uses (transmission and distribution lines excepted) including, but not limited to, reservoirs, storage tanks, pumping stations, telephone exchanges, small power and transformer stations, fire and police stations and training centers, service yards, and parking lots which, at a minimum, meet the criteria of General Plan Policy PF-2s and which are otherwise exempt by state law.

(4)

Game preserves and refuges.

(d)

Other non-residential uses which in the opinion of the director of the permit and resource management department are of a similar and compatible nature to those uses listed in Sec. 26C-261.

(Ord. No. 5318 § 1, 2001.)

Sec. 26C-262. - Permitted residential density and development criteria.

The use of land and structures within this district is subject to this article and the applicable regulations of this ordinance. Policies and criteria of the general plan and any applicable specific or area plan or local area development guidelines shall supersede the standards herein.

(a)

Density: Residential density shall be as shown in the general plan land use element, or that density permitted by a B combining district, whichever is more restrictive. There shall be no minimum lot size for inclusion into the MR district.

(b)

Minimum yard requirements for uses other than mineral extraction and production:

(1)

Front yard required: Ten percent (10%) of the depth of the lot, but not more than one hundred feet (100′) nor less than thirty feet (30′).

(2)

Side yard required: Ten percent (10%) of the width of the lot, but not more than fifty feet (50′).

(3)

Rear yard required: Fifty feet (50′).

(c)

Height limits: Height for all structures is measured as the vertical distance from the average level of the highest and lowest point of that portion of the lot at natural grade covered by the building to the topmost point of the roof.

(1)

West of Highway 1: Residential height limits are sixteen feet (16′). Commercial height limits are twenty-four feet(24′).

(2)

Bodega Bay Core Area residential: Sixteen feet (16′) height limit except that in major developments up to fifteen (15%) percent of the units may exceed the height limit.

(3)

East of Highway 1 in the Sereno Del Mar Subdivision: Residential height limits are sixteen feet (16′). The Sereno Del Mar Architectural Review Committee may grant a higher structure to a maximum of twenty-four feet (24′) in accordance with subsection (7) below.

(4)

East of Highway 1 and visible from designated scenic roads: Residential and commercial height limits are twenty-four feet (24′).

(5)

East of Highway 1 and are not visible from designated scenic roads: Fifty feet (50′).

(6)

Agricultural structures: Fifty feet (50′); however, structures shall not obstruct views of the shoreline from coastal roads, vista points, recreation areas, and beaches; and structures shall be sited to minimize visual impacts.

(7)

An increase in height for residential structures west of Highway 1, up to a maximum of twenty-four feet (24′), may be approved if the appropriate review body finds that the structure is no higher than sixteen feet (16′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

An increase in height for structures east of Highway 1 up to a maximum of thirty-five feet (35′) may be considered if the appropriate review body finds that the structure is no higher than twenty-four feet (24′) above the corridor route grade directly across from the building site, will not block coast views from the corridor route or neighboring properties and is compatible with community character.

Where these requirements conflict with the height, site, and bulk criteria in Appendix B (Bane Bill) of the coastal plan, for those properties listed, the requirements of Appendix B shall be followed.

(8)

A legal single family dwelling or appurtenant structures for which a building permit was issued after December 1, 1980, shall be considered to be conforming with regard to the height measurement. Repair and remodeling of such structures shall be allowed provided that the height does not exceed the height of the structure prior to the remodel or repair, or the building height allowed by this chapter, whichever is greater.

Expansions of such structures which do not comply with the revised height restrictions shall comply with the new definition of height measurement as stated above, except that the expansion, up to ten percent (10%) of floor area and not to exceed four hundred (400) square feet, shall be allowed, provided that the height does not exceed the height of the structure prior to the expansion, or the building height allowed by this chapter, whichever is greater.

(d)

Parking requirements:

(1)

On-site parking shall be screened where practical from view from public roadways by natural vegetation, landscaping, natural topography, fencing or structures.

(2)

On-site parking shall not block emergency vehicle accessways and turnarounds.

(e)

Environmental and hazards requirements.

(1)

Environmental protection and hazards recommendations contained in the coastal plan, Chapter 3, and land use recommendations 20 and 21, Chapter 7, shall be applied to development projects within or affecting identified "potentially sensitive," "conservation," "sanctuary preservation," and "geologically unstable" areas on open space and hazards maps.

(2)

All development shall be subject to site development and erosion control standards. These standards are to be used as the minimum standards for development in the coastal zone. Where both these standards and the policies of the coastal plan apply to a development, the policies of the coastal plan shall take precedence over these standards. Where the policies and standards of the general plan are more restrictive than those of the coastal plan or any of the standards below, the general plan standards and policies shall apply.

(3)

No development or grading shall occur on slopes greater than thirty percent (30%), unless no feasible alternate site is available.

(f)

Access dedication.

(1)

Each permit must conform to Chapter V access provisions. An offer of dedication is required if an accessway is shown on the property in the access plan. Consult Chapter V in the coastal plan for a description of each accessway and procedural requirements for dedication. In addition, existing prescriptive rights must be protected even if no accessway is shown in the access plan.

(2)

Two types of access may be required: Lateral and/or vertical.

a.

Lateral access refers to access paralleling the water's edge, either on the beach or the bluff. For all new development between the first public road and the ocean, granting of lateral easements to allow for public access along the shoreline shall be mandatory, unless the project has no direct or cumulative impact on the availability of public access to the coast. When there is a bluff, beach access to the toe of the bluff should be dedicated. If not, a twenty-five feet (25′) wide accessway should be dedicated. If a bluff top trail is shown in the access plan, a bluff top easement dedication shall be required to be described as an area beginning at the bluff edge extending approximately twenty-five feet (25′) inland. In no case shall the dedicated easement be required to be closer than ten feet (10′) to a residential structure.

b.

Vertical access dedications are necessary to provide access from the public roadway to the shoreline. A corridor easement should be a minimum of fifteen feet (15′) in width with slope easements plus the additional area necessary for the placements of improvements.

(g)

Design requirements:

(1)

All new development shall conform with coastal plan visual resource recommendations, applicable scenic view protection policies and policies related to landform and vegetation categories included in the coastal administrative manual, or subsequently approved area design guidelines.

(2)

Design review to be required in accordance with the procedures described on the review process final view rating maps on file in the permit and resource management department and incorporated by reference.

(3)

New extensions of utility distribution lines shall be undergrounded, except when such undergrounding would have a more significant environmental effect than an overhead line.

(Ord. No. 5318 § 1, 2001.)