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HomeMy WebLinkAboutVAR 13-0001Mune County Departinet7- of Development, Services 1 TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR W_W $jyTTE. 7 County= Center Drive COUNTY Oroville CA 95965 a ' (530) 538-7601 Telephone JUN 2 7 2013 =.. (530) 538-7785 Facsimile DEVELOPMENT SERVICES PROJECT Y1V'OI�nT ISN grn1>? UL(� APPLICANT'S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: 5 NAME DAV O Sco-r T -w. 0313 - 690 - 0-33 ADDRESS: STREET, CITY, STATE, &ZIP CODE TELEPHONE: 22tP tot,.1N\-�� \7iZ 0\2N AN\ (5S0)67 -q E-MAIL: FAX: SVAANE-: - Sc-oTT Oe- A _ NC --s- ( ) - OWNER'S NpIVIE: TELEPHONE: ADDRESS: STREET, CITY, STATE, &ZIP CODE. �AM-r— PROPERTY ]]VORMATIUN NAME OF PROPOSED PROJECT (if any) SITES IZE (in square feet or acres) CAz Pow; I 1.3y AC LOCATION OF PROJECT (major cross streets and address, if any) ZONE GENERAL PLAN EXISTING LAND USE PROPOSED LAND USE EXISTING STRUCTURES (square feet) PROPOSED STRUCTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT 2-LA50 519 P -r 1200 S9 Pr ❑ Yes ❑ No (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED (Check One) PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER �j PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY IS OR PROPOSED TO BE ON WELL WATER APPLTC ATIONTYFE ADMINISTRATIVE PERMIT ❑TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LCT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER ' PR03ECT-DESCRTPT1OIV FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for aland divisior>, describe the number and size of parcels.) PQo4os��G. OF 4o (e�P4 �r�+"�^ crr. kyv� 1Jo (t- l L AS C2JAS O Ln� �Ro QC2T l�'�(�p -\�'�=�La.+��� ♦ n �S0 O.RWER CERTIF AT ON I CERTIFY THAT I AM PRESENTLY THE LEGAL OV114ER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL. OF THE ABOVE. INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) 121 DATE: A 1 `3 _ SIGNATURE: VLA- BUTTE. Butte Count? DiTartnwnt of Development, Sen cesCOUNTY TIR7 SNELLINGS, DIRECTOR ( PETE CALARCO, ASSISTANT DIRECTOR JUN 2'7 2013 7 County Center Drive Oroville, CA 95965 (530)538-7601 Telephone (530) 538-7785 Facsimile DEVELOPMENT SERVICES APPLICATION PACKET FOR VARIANCE OR MINOR VARIANCE Applicant Name: --54_ Y- 1 S co 1 T =ProjectNurnber:�K 1-�)- Ooo Check One SVARIANCE - Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (Butte County Code, Chapter 24-226 - 24-227) ❑ 1%1INOR VARIANCE - The Planning Commission may grant a minor variance, at a maximum reduction of up to ten (10) percent of the prescribed requirements of this chapter with respect to fences, walls, hedges, screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height of structures; usable open space, or frontage on a public street or other standard (Butte County Code, Chapter 24-227) APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to submitting an application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant PrAc er 1. ompleted, signed Project Information Form. 2. F/J 3A complete Project Setting Description (instructions attached). 3. ® ❑ If the application is signedby an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless gnedby the owner or authorized agent. 4. VJ Payment of the currently required Application Fees and/or Deposits. Make checks payable to "Butte County Treasurer". Public Fee Schedule available under "Fees" at: http.r`lwww.buttecounty.rie.tldd 'Planning/ Additional fees for publication notices will be required prior to issuance of the variance. Application fees are non-refundable. H,pplicant's I:vtials 5. [Z ❑ A creation document for the project parcel and evidence of current property ownership. 6. 0 D/1"' Building Elevations NECESSARY FINDINGS OF FACT (attach additional sheets if necessary) a. There are unique circumstances applicable to the subject property, including size, shape, topography location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the sut� ect property: _Pro du ky i 5 5 i♦ �a Fed c„c�_A(a - Za z 0 t. . , [' Ale -e- ( iS CO) C01) AGS /a06 _5 010004 RU ��r� 2rQ�ir� �1e� �S . pro<�� �Z.+ Icy (cams Wou�d CA v >; s�✓ c VPe Ise. b,/; I - p e- 1 �l PUJA -Auer e,,lY,ejq ex►S,�s. A15o vender Cvoreht zovciviS ,-Nne 5+vuckvvR, Go o. I A a,) } og r ec os -q Aro r -W o(-- p ro(xy Aj a b. The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property as follows: N)ek o21�G nn� : c �o ►�cr w �c -r g1Ck (1 vrr ,nom �1�tia�R c� �r e vL F Zo G, O d="J ►—+�� ccS-CK Se�k -QF Wi �(LQ-� cL(-- UP C '- ne� roQe! i e S� _ j�3 42-1,q� �J a r Fr k es -c e w i-� 1/` -�lti S Q o jt C-4 . C . The Variance or Minor Variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subj ect property in that: �; : �l �•� � P o �o -� '-�k-� 5 D A-QC�� �� o � ,p, e-C_e S S �5 � � S . d. The Variance or Minor Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property in that: nG�re Sr2 �l A�vL;S � r ���o;�e� A Additional information may be required in order to clarify, correct or otherwise supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Additional fees may be collected for the California Department of Fish and Game at the time ofrecordine the Notice of Determination as required by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at ,ifyou have any questions about these requirements. Signature: � — Date: 0IG i3 Applicant/Representative Signature: 1 Date: Planner eceiving Application K:\PlatuingTORMSkAPPLICATIONSWariance—MnorVar.doc Revised03/03106 (1t0!}9lIJ`}$U07 QOoiY17 S1ldzl SSos� '.� xZ. • :: , JLNVhavd EP'UkN . BUTTE i co _ ..._ .. _. -- - •• - . _ ..._ •-.. 7f.Y_ _. - _ .. •..•-_.. Ag �r �� RRVICES - .. CES -- - b t Ir -• l - - �� �]��' � lti• to N - - \ \\ ,+ - - 4 - Assessor's Parcel Number: DO u ®� 0 Fa 21 m u 51 R 5calp• 9 °° - 2A I: Owner Nim 3 NAAPF- Gori' Addr--.ss Phone No. Site Location Ute,^ �.o�r.r` GPS �5�►38 FOR OFFICE. USE ONLY Zoning: Gergeral Plan Desig: Size, Ams PROME FOR ALL ADJACENT PARCELS SIZE (AC): ZONING: T— GEN PLAN: LASES: 9 �A ;sjfl 3 1-1010S T-41VHS 038-:15difflUd C'Foq r4 AQ ........... —FF:q .... ..... ..... ... ....... .......... lop 6— 22 lh, a =-4(l - ii IF So Fi =-4-- .4 Qv I N -07 L U —133 N"Vid :d 0 1 1, 1 X-9 .e QZZ -DCJOL� 3NVP'7-, ads' M3 WIN,, . . ........ . . . ........ . . . ... . .... .. 'can 1 "T A commit all 1— 1.41111111111slawls �T-111 t Tr -TI T11 I Qv I N -07 L U —133 N"Vid :d 0 1 1, 1 X-9 .e QZZ -DCJOL� 3NVP'7-, ads' M3 WIN,, . . ........ . . . ........ . . . ... . .... .. 'can 1 "T A commit oil 1.41111111111slawls in A a K a! HIM A Q M T 4 A I A was Q T Oqpskggq� HIS oil N. LL, . .......... scoots 1 2-1 1 1 fill 111 ... . ... .. 1, 1 X-9 .e QZZ -DCJOL� 3NVP'7-, ads' M3 W1 oil =, F $1 z i S WIN,, . . ........ . . . ........ . . . ... . .... .. 'can 1 "T A commit oil 1.41111111111slawls in A a K a! HIM A Q M T 4 A I A was Q T Oqpskggq� HIS oil N. LL, . .......... scoots 1 2-1 1 1 fill 111 ... . ... .. W1 oil =, F $1 z i S . . ........ . . . ........ . . . ... . .... .. . ... "T oil .... . LL, . .......... 1 2-1 1 ... . ... .. W1 oil =, F $1 z i S Variance - at modified retainer Rate Hours Retainer 4.68 $ $ 163.00 5 $ 815.00 Planning Retainer 4.50% $ 36.68 GPMF - Retainer 1% $ 8.15 TIF Retainer $163 $ 163.00 Publishing Retainer $ 50.00 Clerk Recorder $ 244.00 Public Works $ 263.00 EH $ 1,579.83 $ (0.01) GPMF - Retainer $ 114.00 Left out Fire 1,693.51 98.28 $ 913.27 4.68 $ 41.36 1.04 $ 9.19 $ 163.00 $ 50.00 $ 244.00 $ 263.00 $1,683.82 5.602883 • • *-JTTE COUNTY RECEI* t! �� *RECEIPT NUMBER PREFIXES* B/P = Development Services - Building/Planning Division (530)538-7601 EH = Environmental Health (530)538-7281 PW = Public Works Department (530)538-7681 fou N.� f Receipt Number: P2502 Date Paid: 6/27/2013 Printed: 7/1/2013 9:04 am Paid By: SHANE SCOTT Received By: GEW Project Number: VAR13-0001 Pay Method: CHECK CASHIERS C Site Apn: 038-180-033 Descriution: Setback VAR - 2286 White Dr, Durham Site Address: 2286 WHITE DR DURHAM, CA 95938 Applicant: SHANE SCOTT Fee Description Account Number Fee Amount DP GENERAL PLAN MAINT FEE RETAINER 13 0010-0-204402-101001 $41.36 DP PAYMENT TO RETAINER FUND 13 0010-0-204402-101001 $913.27 DP PUBLISHING/LEGAL NOTICES RETAINER 13 0010-0-204402-101001 $163.00 DP TECHNOLOGY INVSTMNT FEE RETAINER 13 0010-0-204402-101001 $9.19 DPCR RECORDING FEE - CLERK/RECORDER 13 0010-470001-4612319-101001 $50.00 DPEHLUP VARIANCE 0021-540011-4614901-101001 $263.00 DPLDRF VARIANCE 09 0010-440004-4610700-101001 $244.00 Total Fees Paid: $19,683.82 RESOLUTION PC13-19 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING VARIANCE VAR13-0001(Shane D. Scott) WHEREAS, the, Planning Commission has considered Variance VAR13-0001 for Shane D. Scott, in accordance with Chapter 24, Article 32, Variances and Minor Variances, of the Butte County Code on Assessor's Parcel Number 038-180-033; and WHEREAS, the Planning Commission' has determined the variance 'is categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral. agencies for review and comments; and WHEREAS, duly noticed public hearings were held on August 22, 2013and September 26, 2013; and WHEREAS, the Planning Commission, has. considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically Exempt from environmentalreview under Section 15305(a) of ;the CEQA Guidelines'. (Class 5 .Exemption). This ,section states that the California Environmental Quality Act exempts minor alterations in land use limitations with an average slope of 20 percent, including variances to setbacks not resultingin the creation of new parcels. Because the project is exempt from the 'provisions of CEQA; the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Development Services Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves Variance VAR13-0001, subject to the following findings, and the special conditions as set forth in Exhibit A to the resolution: A. The 1.34 acre parcel size of the subject property is a unique characteristic of the subject property that generally does not exist with the properties located in the vicinity of the project site, and that are within same Agriculture (AG -20) zoning. Properties adjacent to the subject property encompass 1.73 acres, 2.24 acres, and 4.44 acres, which are considerably larger than the subject property, and would not be similarly affected by the larger setback requirements of the AG zoning. B. An evaluation of the parcel sizes in the surrounding area identified seven parcels located within 300 feet of the subject property. The sizes of these parcels ranged from 1.73 acres to 18.29 acres, with an average parcel size of 5.36 acres. These larger parcels in the surrounding area provide property owners ample opportunities to construct equally -sized structures, while also being capable of meeting the setback requirements of the AG - .1 20 zone district. The 'strict application of the AG -20 zoning setback requirements for the 1.34 acre project site deprives the property owner from building the proposed' structure, a , structure that other property owners in the vicinity of the subject property, would have an opportunity to build. C. The I:34 acre parcel size, together with the application of the larger setback requirements of the AG -20 zone; . deprives the property owner from building his desired structure, and .to.. obtain the full use and enjoyment of the property that is achievable with other, larger, properties located in the vicinity of the subject property, and within the same AG -20 zoning. D. 'Approval of the - variance would - not be materially detrimental to' .the public's health, safety, or welfare, or become injurious to surrounding properties or improvements because - there are no existing improvements located in the :vicinity of the.proposed structure that would be impacted. by the proposed structure, and because the proposed structure would meet all applicable requirements of the California Building Code. E. Approval of the variance would not constitute a grant., of special privilege because other properties located adjacent to the project site, and within the same zone, have existing structures that encroach into the current minimum setback requirement. F. Approval of the variance would not allow for a use or activity prohibited by zoning because. the proposal seeks to .'reduce the minimum setback requirements for a proposed detached carport, which is an accessory structure use allowed in the AG -20 zone district, pursuant to Section 24- 156 of the Butte County Code. G. Information presented in the August 22, 2013 and September 26, 2013 Butte County Planning Commission Agenda Reports;.. and as supplied by the applicant; demonstrates that the variance is consistent with all applicable standards in Chapter 24 (Zoning), other County ordinances, and the Butte County General Plan. H. As demonstrated on the revised site plan in Attachment D, placement of existing structures on the project site, including placement of the existing septic system, restricts siting of the proposed structure to the rear of the property, and within the minimum 25' rear setback established for the AG - .20 zone district. I. Alternative locations for the placement of the structure within the front yard are not practical due to proposed structure diminishing the visual qualities of the property and residence from public vantage points along White Drive, as well as from adjacent. properties. J. Adjacent property owners that reside at 8511 and 8529 Taylor Avenue, and who live directly adjacent to the rear and easterly side property lines of the project site, have submitted letters in support of the proposed project. DULY PASSED AND ADOPTED this 26`h day of Sepiember;.2013,.6y thelollowing vote:. AY£S; I)onati',,,K ennedy, Wilgon. NOES.- ABSENT: OES ABSENT: ABSTAIN; MMARYKEWNEDY,Chair Planning Commission. Cou*of Butte,,State of California jATTST: ng Commission; County of Butte, State;.of'CMif6 ia. EXHIBIT A VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR13-0001 PERMIT NO. 038-180-033 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Shane D. Scott is hereby granted a Variance to reduce the side and rear setbacks for the construction of a detached carport that is accessory to the existing single- family residence. The proposed variance would reduce the minimum interior side setback from 8'11" to T, and reduce the minimum rear. setback from 25' to 6'. I. SPECIAL CONDITIONS: Planning Division 1. Applicant shall comply with requirements of the Building Division and Department of Public Works. 2. Applicant shall also comply with`all other applicable state and local statutes, ordinances and regulations. 3.. Prior to the issuance of the Variance, applicant shall pay any outstanding project -related processing fees. County Counsel 4. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign anindemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: 4 Applicant NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office 5 NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 Assessor's Parcel No.: 038-180-033 Applicant: Shane D. Scott, 2286 White Drive, Durham, CA 95938 Project Location -Specific: The project site is located at 2286 White Drive, approx. Y mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. Project Location -City: Durham Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: A variance to reduce the required side and rear setback from a detached carport. Name of Person or Agency Approving Project: Butte County Department of Development Services Exempt Status: (Check One) Ministerial [Sec. 15073] Declared Emergency [Sec. 15071 (a)] Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and section number: 15305 (a) Statutorily Exempt —15274 (a) Reasons why project is exempt: Class 5 exemption - CEQA does not apply to minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including variances for setbacks not resulting in the creation of new parcels. Contact Person: Rowland Hickel, Senior Planner Telephone: (530) 538-7150 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Department of Development Services v POSTED HROUGH • E DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Shane D. Scott 2286 White Drive Durham, CA 95938 FILING NO. Project Title/File Number: Variance, VAR13-0001 APN: 038-180-033 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B. De Minimis Impact - Certificate of Fee Exemption $50.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,993 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # P2502 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: October 3, 2013 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. • • BUTTE COUNTY RECEIPT *RECEIPT NUMBER PREFIXES" = Development Services - Building/Planning Division (530)538-7601 = Environmental Health (530)538-7281 = Public Works Department (530)538-7681 Receipt Number: P2502 Paid By: SHANE SCOTT Project Number: VAR13-0001 Site Apn: 038-180-033 Description: SET BACK VARIANCE Site Address: 2286 WHITE DR DURHAM, CA 95938 Applicant: SHANE SCOTT Printed: 6/27/2013 1:29 pm Date Paid: 6/27/2013 Received By: GEW Pay Method: CHECK CASHIERS C Fee Description Account Number Fee Amount DP GENERAL PLAN MAINT FEE RETAINER 13 0010-0-204402-101001 $41.36 DP PAYMENT TO RETAINER FUND 13 0010-0-204402-101001 $913.27 DP PUBLISHING/LEGAL NOTICES RETAINER 13 0010-0-204402-101001 - $163.00 DP TECHNOLOGY INVSTMNT FEE RETAINER 13 0010-0-204402-101001 $9.19 DPCR RECORDING FEE - CLERK/RECORDER 13 0010-470001-4612319-101001 $50.00 DPEHLUP VARIANCE 0021-540011-0614901-101001 $263.00 DPLDRF VARIANCE 09 0010-440004-4610700-101001 $244.00 Total Fees Paid: $1,683.82 z • Vii`, � ::5� 11' 100800 718il' 1: 1 2 1 13 504 SI: 00 1 50069?"s TOTAL $ 1,683.82 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER white=treasurer pink=auditor canary=depositor golden rod=file c S COUNTY OF BUTTE AUDITOR'S CERTIFICATE AND TREASURER'S RECEIPT OROVILLE, CA ATR NO 21809 RECEIVED FROM PLANNING DEPOSIT DATE 6/28/2013 ✓ BAG # 330 DEPOSIT AMOUNT $ 1,683.82 DEPT/ FUND FUND COST ACCT PROJ CASH DESCRIPTION TITLE CODE CNTR CODE CODE CODE AMOUNT ATR CREATED ON: 6128 RECEIPTS: P2502 RECEIVED ON: 6/27 DEFERRED REV 2013 PLNG GENL 0010 204402 101001 1,126.82 LAND DEVELOPMENT GENL 0010 440004 4610700 101001 244.00 NOD/NOE CLERK'S FILING FE GENL 0010 470001 4612319 101001 50.00 ENVIRONMENTAL HLTH PH FUND 0021 540011 4614901 101001 263.00 TOTAL $ 1,683.82 APPROVED BY: RECEIVED BY: AUDITOR -CONTROLLER TREASURER white=treasurer pink=auditor canary=depositor golden rod=file c S BUTTE COUNTY ZONING ADMINISTRATOR NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION AND NOTICE OF PUBLIC HEARING In accordance with the California Environmental Quality Act (CEQA), Butte County has prepared an Initial Study and is considering the adoption of a Mitigated Negative Declaration for the project listed below at a public hearing before the Butte County Zoning Administrator to be held on December 4, 2013, at 10:00 a.m. in the Butte County Department of Development Services, 7 County Center Drive, Oroville, CA. Project Information Project: TPM13-0003 - Silva Ranch Tentative Parcel Map (Shaeffer, Michael) Location: The project site is located at 2647 Azevedo Avenue, approximately 1/4 mile south from Chatfield Avenue,''/2 mile southeast from the City of Biggs. APN: 022-190-031. Proposal: The applicant is proposing a Tentative Parcel Map to subdivide 69.6 acres into two parcels of 37.9 acres (Parcel 1) and 31.7 acres (Parcel 2). Subdivision of the project site would create one additional developable lot situated in the AG -20 zone district. The project site has a General Plan land use designation of AG (Agriculture), and is zoned AG -20 (Agriculture - 20 acre). The Initial Study/Mitigated Negative Declaration (IS/MND) and reference documents for this project are on file for public review and comment starting October 28, 2013 through November 27, 2013, at the Butte County Planning Division, 7 County Center Drive, Oroville, CA. The IS/MND's are also available for review on the County website at www.buttecounty.net/dds by selecting Planning, Mitigated Negative Declarations and the project document. All persons are invited to review the documents. Comments may be submitted in writing to the Planning Division at the above address at any time prior to the hearing or orally at the public hearing listed above, or as may be continued to a later date. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The above mentioned application is on file and available for public viewing at the office of the, 7 County Center Drive, Oroville, CA. For information call or send an email to Rowland Hickel, Senior Planner, Butte County Development Services Department, Planning Division at (530) 538-7150 or rhickelO..buttecountv.net. Butte County Planning Commission, Tim Snellings, Director of Development Services POSTED D 'L THRouOH-9A-J — GENERAL PIANDESIONATi t4 N.G.AG11MULTURE ZONIM OEMNAT1OMAWI) At;RfCULTURF-20 AC. MN. FLGQIiRIAAPI O> E[dNA,R011: ZONeX EM164ADIUEL &LVA. WAY SILVA ©OODWIN 8411CP1AELSHAEFFM. SITE ADORSS& ' GGPI 11:1 204 2MY AZEYMO ME 01000, CA SS91r PSnME£, owATmIN rmuALw IL SEWAGE CVO$ALBPPTPOTANK .& LEACH F LD ASKSMSPAKRL N -O! 022-1804M e�rPa . - slasn�xtr�.t�cnnoa MSTIM U&C, SERVMU POUT TENTATIVE PARCEL MAP OF A PORT10% OF THE SE 114 OF THE"1(4, $:A PORTION OF THE SW IM OF THE NE t14 OF SECTION 24, T01W SHIP 16 NORTH, RANGE 2 EAST. MD11. LOCATED W "E UNSNCORPORATEDAREA OF THIECOLWYOF04TTE, STATE OF CAL!>FORNIA FEBRUARY, 2018 • E Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE. CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds ADMINISTRATION * BUILDING * PLANNING October 4, 2013 Shane D. -.Scott 2286 White Drive Durham, CA 95938 Re: Notice of Application Approval - VAR13-0001; APN: 038-180-033 Dear Mr. Scott: At the regular meeting of the Butte County Planning Commission held on September 26, 2013, your .request for a Variance to reduce the minimum side and rear setbacks for a proposed 1,800 detached carport was approved with conditions. As a requirement of approval, the applicant or property owner must agree to abide fully with the conditions, as they were approved. Enclosed are two copies of the Variance Conditions of Approval. If you are in agreement with the conditions, please sign and return a copy to the Department of Development Services within fifthteen (15) days after receiving this notice. If you are not in agreement with any of the conditions, you must file an appeal in writing, together with the appeal fee of $450.00. The written appeal and fee must be submitted to the following address, prior to 4:00 p.m. on Monday, October 7, 2013: Clerk of the Board of Supervisors 25 County Center Drive Oroville, California, 95965 The conditions of approval must be met within twenty-four (24) months from the date of approval by the Butte County Planning Commission or the approval will expire, and be considered null and void. If additional time to complete the conditions of approval is needed, the applicant or property owner may request an Extension of Time (Article 34, BCC Section 24-247 C) for up to one additional year from the date of expiration. To request additional time, a written request must be submitted to the Department of Development Services no later than ten (10) days prior to the expiration of the approval. 1 of 2 Should you have any questions regarding this matter, please contact me at (530) 538-7150, or by email at rhickel@buttecounly.net between 8:00 a.m. and 4:00 p.m., Monday through Friday. inc ely, r Rowland Hickel, Senior Planner \Enclosure (Conditions of Approval)\ 2 of 2 VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR13-0001 PERMIT NO. 038-180-033 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Shane D. Scott, is hereby granted a Variance to reduce the side and .rear setbacks for the construction of a detached carport that is accessory to the existing single- family residence. The proposed variance would reduce the minimum interior side setback from 8'11" to 7`, and reduce the minimum rear setback from 25' to 6'. I. SPECIAL CONDITIONS: - Planning Division Applicant shall comply with requirements of the Building Division and Department of Public Works. 2. Applicant shall also comply with all other applicable state and local statutes, ordinances and regulations. 3. Prior to the issuance of the Variance, applicant shall pay any outstanding project -related processing fees. County Counsel 4.. If this entire matter or any finding, action or condition of this matter is appealed to the Board of. Supervisors, the applicant or: any other developer/operator other than the applicant. agrees to indemnify the County of Butte from liability or loss related to the approval of this project. and agrees .to sign an indemnification agreement in a form approved by County -Counsel before the. Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: Applicant NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. 1 0 CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office State of California—Natural Resources Agency DEPARTMENT OFFISH AND WILDLIFE 2013 ENVIRONMENTAL FILING FEE CASH RECEIPT I, SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIPT# ;� r STATE CLEARING HOUSE # (Ifapplicable) LEADAGENCY`° DATE COUNTY/STATEAGFNCYOFFIL}NG � ,r. � i .� /�� /, - �`_' DOCUMENTNUMBER PROJECTTFlI f y ? PROJECTAPPLICANTNAME PHONENUMBER PROJECT PPLICANTAD RES6 CITY STATE ZIPCOp , PROJECT APPLICANT (Check appropriate box): a' Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency ❑ Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $2,995.25 $ ❑ Mitigated/Negative Declaration (ND)(MND) $2,156.25 $ ❑ Application Fee Water Diversion (State Water Resources Control Board Only) $850.00 $ ❑ Projects Subject to Certified Regulatory Programs (CRP) $1,018.50 .$ ❑ County Administrative Fee $50.00 $ ❑ Project that is exempt from fees ❑ Notice of Exemption ❑ DFW No Effect Determination (Form Attached) ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check (A Other �� �� ��-'� TOTALRECEIVED $ c;rNATURE TITLE WHITE -PROJECT APPLICANT YELLOW-DFW/ASB PINK-LEADAGENCY GOLDEN ROD -6OLINTYCLERK DFG 753.5a (Rev. 11112) r, 0. 0 NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte 25 County Center Drive Oroville, CA 95965 OCT - 3 2013 Project Title: Variance, VAR13=0001 CANDACE 4GR( 0. CLERK DEPUTY Assessor's Parcel No.: 038-180-033 Applicant: Shane D. Scott, 2286 White Drive, Durham, CA 95938 Project Location -Specific: The project site is located at 2286 White Drive, approx. '/2 mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. Project Location -City: Durham Project Location -County: Butte Description of Nature, Purpose and Beneficiaries of Project: A variance to reduce the required side and rear setback from a detached carport. Name of Person or Agency Approving Project: Butte County Department of Development Services' Exempt Status: (Check One) Ministerial [Sec. 150731 Declared Emergency [Sec. 15071 (a)] Emergency Project [Sec. 15071 (b) and (c)] X Categorical Exemption. State type and section number: 15305 (a) Statutorily Exempt —15274 (a) Reasons why project is exempt: Class 5 exemption - CEQA does not apply to minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use density, including variances for setbacks not resulting in the creation of new parcels. Contact Person: Rowland Hickel, Senior Planner Telephone: (530) 538-7150 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Department of Development Services v r DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Shane D. Scott 2286 White Drive Durham, CA 95938 FILING NO. Project Title/File Number: Variance, VAR13-0001 APN: 038-180-033 CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION (X) A. Statutorily or Categorically Exempt $50.00 Clerk's Documentary Handling Fee ( ) B: De Minimis Impact.- Certificate of Fee Exemption $50.00 Clerk's Documentary Handling. Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,993 State Filing Fee $50.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $50.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $50.00 Clerk's Documentary Handling Fee PAYMENT / NON-PAYMENT OF FEES: 1. (X) PAYMENT: The above fees have been paid. See attached receipt(s) # P2502 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Plannine Official By: Tim Snellings, Development Services Title: Director Lead Agency: Butte County Department of Development Services Date: October 3, 2013 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING BUTTE COUNTY PLANNING COMMISSION AGENDA September 26, 2013 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 I. PLEDGE OF ALLEGIANCE II. ROLL CALL — Commissioners Donati, Nelson, Wilson and Chair Kennedy. III. ACCEPTANCE OF AGENDA — Commission members and staff may request additions, deletions or changes in the Agenda order. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda). V. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION — The Chair will call for a presentation of the report of staff. The hearing will then be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be then be closed to the public and discussion confined to the members of the Planning Commission and staff. The Commission will then make a motion and vote on the item. It is requested that individual public comments be addressed to the Chair and limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. A. VARIANCE VAR13-0001 Scott (Continued open from August 22, 2013) Applicant: Shane D. Scott Project: VAR13-0001 Planner: Rowland Hickel, Senior Planner APN: 038-180-033 G.P.: AG (Agriculture) Zoning: AG -20 (Agriculture, 20 acre density) Location: The project site is located at 2286 White Drive, approx. '/2 mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ SEPTEMBER 26, 2013 ■ PAGE 1 ■ • • Staff Recommendation: Commission to consider whether the material facts presented before them support adoption of a resolution for approval. If approval cannot be supported, staff recommends adoption of a resolution for denial with a recommendation to the Board of Supervisors to investigate alternative options for reduced setbacks in the Agriculture zone. B. MAI10-0007 Pine Creek Mine Reclamation Certification/Permit Expiration Applicant: Anderson Brothers Corp. Project: MA110-0007 Planner: Rowland Hickel, Senior Planner APN: 047-070-025 G.P.: AG (Agriculture) Zoning: AG -40 (Agriculture, 40 acre minimum parcel size) Location: The project site is located within the confines of Pine Creek, approx. Y2 mile upstream from State Route 99, and along the Tehama County and Butte County boundary. Staff Recommendation: Find the project to be categorically exempt from CEQA and adopt the resolution certifying reclamation of the Pine Creek Mine and expiring Use Permit (UP 65-50) and Reclamation Plan (RP 79-31). C. Request for Determination RFD13-0007 (Butte County) Applicant: BC General Services on behalf of Public Works Project: RFD13-0007 Planner: Stacey Jolliffe, Principal Planner APN: 025-190-092 G.P.: Agriculture Zoning: AG -40 Agricultural, 40 -acre minimum parcel size Location: North of Ord Ranch Road, approximately 0.3 miles east of State Route 99, northeast of the city of Gridley Staff Recommendation: Forward a determination of General Plan consistency to the Board of Supervisors relative to acquisition of a 0.73 acre property from the State Department of Transportation (DOT). VI. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff have been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing, but will always be listed as part of the agenda. A. Directors' Report B. General Plan Follow-up and Implementation Program C. Update on Recent Board of Supervisors' Actions D. Legislative Case Law Update E. Planning Commission Concerns VII. COMMUNICATIONS - Communications received and referred. (Copies of all communications are available in the Planning Division Office.) ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ SEPTEMBER 26, 2013 ■ PAGE 2 ■ 0 0 VIII. MINUTES — July 25, 2013 & August 22, 2013 IX. ADJOURNMENT ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA ■ SEPTEMBER 26, 2013 ■ PAGE 3 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — September 26, 2013 Applicant: Shane D. Scott File #: VAR13-0001 Supervisor District: 4 Request: A Variance to reduce the Parcel Size: 1.34 acres required side and rear setbacks for a detached carport (from 25' Location: The project site is located at to 6' for the rear setback and a 2286 White Drive, approx.'/z 8' 11" to 7' for the side setback) mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. G.P.: AG (Agriculture) Planner: Rowland Hickel, Senior Planner Attachments: Zoning: AG -20 (Agriculture, 20 -acre A: Resolution for Approval Minimum Parcel Size) B:. Resolution for Denial Zone Date: December 10, 2012 C: Vicinity Map, Zoning Map APN: 038-180-033 D: Site Plan (September 9, 2013 revision) F: Letters of Support EXECUTIVE SUMMARY On June 27d', the applicant submitted a request for a variance from the application of Section 24- 14(c) of the Zoning Ordinance that establishes side and rear setbacks for structures in the Agriculture (AG) zone district. Approval of the request would allow for a reduction of the interior side setback from 8'11" to 7', and a reduction of the minimum rear setback from 25' to 6', thereby allowing for the construction of a 2,016 square foot detached carport. The applicant requested the variance due to limitations of feasible buildable sites for the proposed structure caused by the 1.34 acre parcel size, and the placement of the existing residence and septic system. The proposed variance was brought before the Planning Commission on August 22"d. During the hearing, the applicant submitted revisions to the carport design, as well as a revised site plan with more accurate dimensions of the subject property and setbacks. The new carport design submitted by the applicant showed that the proposed structure would be reduced from 2,016 square feet to 1,800 square feet, and now included solid walls along the rear and the easterly side property lines. However, the proposed reduction of the setbacks for the carport continues to reflect the original variance request. Following the August 22nd hearing, the applicant submitted a subsequent revision to the site plan, adding information such as the location of the septic system and the 125 foot -long leach lines. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ September 26, 2013 ■ Shane D. Scott VAR 13-0001 ■ Page 1 of 4 ■ 1' The Commission can consider approval of the variance only after making the required findings in based on material facts. Alternatively, if the findings cannot be made, and approving the modified setbacks represents a grant of special privilege, than the Commission should deny the variance. Staff has reviewed the record and does not consider the evidence sufficient to support the required findings for a variance. Additionally, if the Commission considers that the adopted setbacks are not appropriate for this location it can forward a recommendation to the Board of Supervisors. Such a recommendation may direct staff to investigate options for reducing setbacks in the Ag zones for smaller parcels. PROJECT DESCRIPTION/SITE CHARACTERISTICS • The applicant is proposing to construct a 1,800 square foot detached carport that is accessory to the existing single-family residence. The proposed structure has a 30' width and a 60' length. The height of the carport is 20'9". The proposed use of the carport would be to store a travel trailer, which is presently kept along the existing driveway, towards the front of the lot. • The structure is proposed to be setback 7 feet from the interior side property line and 6 feet from the rear property line. These setback distances are measured from the support posts to the property line. • The project site encompasses 1.34 acres and is located within the AG -20 zone district. • The project site is developed with a single-family residence, on-site septic system, and groundwater well. The residence and septic system are sited on the rear half of the lot. • The minimum, required interior side setback for a structure in the AG -20 zone district is either 25 feet or 5 percent of the lot's width, whichever is less, but in no case less than 5 feet. (BCC §24-14(c.)) Because the width of the subject lot is 177.48 feet, the minimum side setback for the property is 8' 11". • The required rear setback for an accessory structure in the AG -20 zone district is 25 feet. (BCC §24-14(c.)) • Surrounding uses include single-family residences and agriculture. Properties to the north, east and west are non -conforming with the 20 -acre minimum parcel size requirement. The parcel to the north encompasses 1.73 acres; the parcel to the east encompasses 2.24 acres; and, the parcel to the west encompasses 4.44 acres. • There are no existing structures on adjacent parcels that are situated immediately adjacent to the proposed location of the carport, in the northeast portion of the parcel. • Several off-site structures are situated near shared property lines, to the west and east of the project site. The property located to the east of the project site contains two structures that appear to be located within 6 feet of the shared property line. One of these structures is located approximately 18" from the property line. REQUIRED FINDINGS FOR GRANTING APPROVAL ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ September 26, 2013 ■ Shane D. Scott VAR13-0001 ■ Page 2 of 4 ■ 2 The following findings are listed in Section 24-231 of the Zoning Ordinance. An approval of a variance request must be supported by facts necessary to make the following findings: 1. There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property. 2. The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property. 3. The Variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property. 4. The Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property. 5. The Variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity or in the same zone as the subject property. 6. The Variance does not allow a use or activity which is prohibited by the Zoning Ordinance in the applicable zone. 7. The Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan. ADDITIONAL FACTS RELATIVE TO FINDINGS: The subject property is approximately 346 feet deep by 177.5 feet wide. An existing residence is located on site with a 59' rear setback. An existing well house exists to the west of the residence and a gravel drive and leach lines exist to the east of the residence. The 1.34 acre parcel size, together with the placement of the existing home, accessory structures, and septic system, reduces practical buildable areas needed to construct a 1,800 s.f. detached carport. Carports are allowed uses in the AG -20 zone. The proposed size of the carport (1,800 s.f.) is not common in the AG -20 zone or other zones in the County; however, the proposed carport is approximately the size of a second dwelling unit, which is an allowed use in the AG -20 zone. Second dwelling units are approved in the AG -20 zone subject to setback requirements and other applicable standards. If the proposed carport were reduced in size, at its current location, to meet existing setbacks, that is a 25 feet rear setback and 8'11" feet side setback, a 1,148 s.f. carport could be built at the proposed location. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ September 26, 2013 ■ Shane D. Scott VAR 13-0001 ■ Page 3 of 4 ■ 3 A 1,800 carport could be built in the front yard; however, the applicant objects to the visual impacts associated with the structure in the front yard. Two accessory structures are located on the adjacent property located to the east of the project site, which are located closer to property line than current zoning ordinance allows (approximately 2 feet and 5 feet). The location of these structures was not approved by Butte County. One structure is approximately 800 s.f. and located 18" from the side property line. The second structure is approximately 2,000 s.f. and located approximately 6 feet from the side property line. In both cases, permits were not issued for these structures, either because building permits were not required, or because these structures were built without the appropriate building permits. LOCAL AGENCY REVIEW The Butte County Public Works Department had no comments. After review of the creation deed, Public Works staff determined the parcel was established consistent with State and County requirements. PUBLIC COMMENT Staff received letters of support from Jack Joiner and Tim Moss on August 21, 2013. Mr. Joiner resides at 8529 Taylor Avenue, located directly adjacent to the project site's rear property line. Mr. Joiner indicated that he has no objection to the proposed request, and believes that due to the rural setting of the area, it would not be an issue to build the carport 6 feet from the shared property line. Tim Moss resides at 8511 Taylor Avenue, directly adjacent to the project site's easterly side property line. Mr. Moss indicated that the proposed project would be beneficial to them because the project would add value to Mr. Moss's property, as well as other surrounding properties. Mr. Moss also indicated that the project would not interfere with any future plans for their property. SUGGESTED MOTIONS) Motion for Approval: I move that we find the project is Categorically Exempt from an environmental review, under Section 15305(a) of the CEQA Guidelines, and adopt a resolution approving Variance VAR13-0001, with the findings and conditions found in Attachment A of the staff report Motion for Denial: I move that we adopt a resolution denying Variance VAR13-0001, with the findings found in Attachment B of the staff report and forward a recommendation to the Board of Supervisors, asking to direct staff to investigate options for reducing setbacks in the Ag zones for smaller parcels, such as the subject parcel. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ September 26, 2013 ■ Shane D. Scott VAR13-0001 ■ Page 4 of 4 ■ 0 RESOLUTION PC13- A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING VARIANCE VAR13-0001 (Shane D. Scott) WHEREAS, the Planning Commission has considered Variance VAR13-0001 for Shane D. Scott, in accordance with Chapter 24, Article 32, Variances and Minor Variances, of the Butte County Code on Assessor's Parcel Number 038-180-033; and WHEREAS, the Planning Commission has determined the variance is categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, duly noticed public hearings were held on August 22, 2013and September 26, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically Exempt from environmental review under Section 15305(a) of the CEQA Guidelines (Class 5 Exemption). This section states that the California Environmental Quality Act exempts minor alterations in land use limitations with an average slope of 20 percent, including variances to setbacks not resulting in the creation of new parcels. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Development Services Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves Variance VAR13-0001, subject to the following findings, and the special conditions as set forth in Exhibit A to the resolution: A. The 1.34 acre parcel size of the subject property is a unique characteristic of the subject property that generally does not exist with the properties located in the vicinity of the project site, and that are within same Agriculture (AG -20) zoning. Properties adjacent to the subject property encompass 1.73 acres, 2.24 acres, and 4.44 acres, which are considerably larger than the subject property, and would not be similarly affected by the larger setback requirements of the AG zoning. B. An evaluation of the parcel sizes in the surrounding area identified seven parcels located within 300 feet of the subject property. The sizes of these parcels ranged from 1.73 acres to 18.29 acres, with an average parcel size of 5.36 acres. These larger parcels in the surrounding area provide property owners ample opportunities to construct equally -sized structures, while also being capable of meeting the setback requirements of the AG - 5 20 zone district. The strict application of the AG -20 zoning setback requirements for the 1.34 acre project site deprives the property owner from building the proposed structure, a structure that other property owners in the vicinity of the subject property, would have an opportunity to build. C. The 1.34 acre parcel size, together with the application of the larger setback requirements of the AG -20 zone, deprives the property owner from building his desired structure, and to obtain the full use and enjoyment of the property that is achievable with other, larger, properties located in the vicinity of the subject property, and within the same AG -20 zoning. D. Approval of the variance would not be materially detrimental to the public's health, safety, or welfare, or become injurious to surrounding properties or improvements because there are no existing improvements located in the vicinity of the proposed structure that would be impacted by the proposed structure, and because the proposed structure would meet all applicable requirements of the California Building Code. E. Approval of the variance would not constitute a grant of special privilege because other properties located adjacent to the project site, and within the same zone, have existing structures that encroach into the current minimum setback requirement. F. Approval of the variance would not allow for a use or activity prohibited by zoning because the proposal seeks to reduce the minimum setback requirements for a proposed detached carport, which is an accessory structure use allowed in the AG -20 zone district, pursuant to Section 24- 156 of the Butte County Code. G. Information presented in the August 22, 2013 and September 26, 2013 Butte County Planning Commission Agenda Reports, and as supplied by the applicant, demonstrates that the variance is consistent with all applicable standards in Chapter 24 (Zoning), other County ordinances, and the Butte County General Plan. H. As demonstrated on the revised site plan in Attachment D, placement of existing structures on the project site, including placement of the existing septic system, restricts siting of the proposed structure to the rear of the property, and within the minimum 25' rear setback established for the AG - 20 zone district. I. Alternative locations for the placement of the structure within the front yard are not practical due to proposed structure diminishing the visual qualities of the property and residence from public vantage points along White Drive, as well as from adjacent properties. J. Adjacent property owners that reside at 8511 and 8529 Taylor Avenue, and who live directly adjacent to the rear and easterly side property lines of the project site, have submitted letters in support of the proposed project. 2 6 L, I -I LJ DULY PASSED AND ADOPTED this 26`h day of September, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MARY KENNEDY, Chair Planning Commission County of Butte, State of California ATTEST: KIM MCMILLAN, Secretary Planning Commission County of Butte, State of California 7 EXHIBIT A VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR13-0001 PERMIT NO. 038-180-033 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Shane D. Scott is hereby granted a Variance to reduce the side and rear setbacks for the construction of a detached carport that is accessory to the existing single- family residence. The proposed variance would reduce the minimum interior side setback from 8'11 " to T, and reduce the minimum rear setback from 25' to 6'. I. SPECIAL CONDITIONS: Planning Division 1. Applicant shall comply with requirements of the Building Division and Department of Public Works. 2. Applicant shall also comply with all other applicable state and local statutes, ordinances and regulations. 3. Prior to the issuance of the Variance, applicant shall pay any outstanding project -related processing fees. County Counsel 4. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: Applicant 4 8 • • NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before *starting construction, nor does it waive any other requirements. CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office RESOLUTION PC13- A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION DENYING VARIANCE VAR13-0001 (Shane D. Scott) WHEREAS, the Planning Commission has considered Variance VAR13-0001 for Shane D. Scott, in accordance with Chapter 24, Article 32, Variances and Minor Variances, of the Butte County Code on Assessor's Parcel Number 038-180-033; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, duly noticed public hearings were held on August 22, 2013 and September 26, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Denies Variance VAR13-0001, subject to the following findings: A. The proposed variance application is not supported by all seven (7) findings presented in Section 24-231 of the Butte County Code (Variances and Minor Variances). B. Feasible alternatives exist on the subject property to allow the applicant to construct the proposed structure without encroachment in the minimum setback requirements established for the Agricultural (AG) zone district including, siting of the structure within the front yard area. C. The Zoning Ordinance requires that structures in the agricultural zones be constructed to meet certain setback standards. The established setbacks do not constitute a condition that precludes the applicant from constructing the proposed carport. The proposed carport can be constructed in the front yard, or a smaller carport can be constructed at the requested location. No unusual circumstances have been identified that uniquely apply to the subject property that does not already apply to other properties in the vicinity of the subject property, and within the same zone. The issuance of a variance is not necessary to develop the property consistent with adjacent parcels in the zone. II. Recommends that the Board of Supervisors direct staff to investigate options for reducing setback requirements in Agriculture (AG) zones for smaller parcels, such that no variance is required. A. At the August 22, 2013 Commission hearing, the Planning Manager reported that the Department of Development Services investigated how other counties and jurisdictions process requests for reduced setbacks, and W �J • that administrative waivers, conditional use permits, and other adjustment processes are sometimes used to reduce setbacks, instead of variances. B. The Zoning Ordinance could provide an option to vary from established setbacks given the concurrence of adjacent property owners, where no health and safety concerns have been identified. DULY PASSED AND ADOPTED this 26th day of September, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MARY KENNEDY, Chair Planning Commission County of Butte, State of California ATTEST: KIM MCMILLAN, Secretary Planning Commission County of Butte, State of California 11 • VICINITY MAPB. a 7 13L rdi Rd st `sh C`°°`�a Durham U 5� c T cY Ranch d Gampbe 5 S Faber d E s F gca�n Flo'�a �n Gorrill Hose Ave Colm Hanlon Rd 1:22,000 Grainland 0 0.125 0.25 0.5 Miles Hutton rn Project Location or VAR13-0001 APN 038-180-033 Reay Nwsta Ln \ rank Marion I P6 K 9 Hyer Cl \ <o Jia Ln \ O LO u rq \. � ! 1 I 1 Etta Ln I 1 t I Wilma Way 1 i. 4afe Ln Legend - Railroad Roads SHANE D. SCOTT Lakes s Streams 12 13 To the Butte County Planning Commission RE: Proposed building of a car port at 2286 White Drive, Durham We, the owners of the adjoining property of this address (8529 Taylor Ave, Durham), have no objection to the request that the owner of the White Drive property has made to receive a variance to allow the building of a car port closer to the property line that we share. We understand that the car port will be approximately six feet from our shared property line. Given the rural nature of our property we do not believe that this amount of a setb 1 an issue. Our property along this line is used only as a pasture. Jack J'ne Ardell liner 15 To Butte :County Plarin:ing.Commission This letter of'appcoval i;s forahe project OR 228.6 White.pr-we.have.received the' proposed variance 'notce from: Butte°County Plariri�ng and feel that this project would. be.benef cial to us This,,project will ;add. value to our pzoperty'.and "other surrounding° properties , and:W�ll not interfere with future projects that we have planned. 08%21/13 s�,.� N►.oss 16 wrTF *TTE COUNTY RECEIIO Printea:9/20/2013 Q III *RECEIPT NUMBER PREFIXES* 2:56 pm •- •B/P =Development Services - Building/Planning Division (530)538-7601 -EH = Environmental Health (530)538-7281 �y :PW = Public Works Department (530)538-7681 Receipt Number:*i0601 Date Paid: 9/20/2013 Paid By: SOTT Received By: STL Project Number: Pay Method: CHECK 100800906 Site Apn: 038-180-033 Description: Setback VAR - 2286 White Dr, Durham Site Address: 2286 WHITE DR DURHAM, CA 95938 Applicant: SHANE SCOTT " Fee Description Account Number Fee Amount DP GENERAL PLAN MAINT FEE FLAT/MIN 13 0010-440001-4610311-10113311 $54.00 DP NEWSPAPER PUBLISHING CHARGES 13 0010-440001-4210900-101001 $5.18 DP TECHNOLOGY INVSTMNT FEE FLAT/MIN 13 0010-440001-4610312-101001 $12.00 DP VARIANCE MIN. FEE 13 0010-440001-4210900-101001 $1,205.73 Total Fees Paid: $19276.91 Hickel, Rowland From: Hickel, Rowland Sent: Wednesday, September 18, 2013 3:53 PM To: shane-scott2@att.net Cc: Calarco, Pete Subject: VAR13-0001 Fees Attachments: INVOICE -78 -Butte -County -Dept -of Development_Services.pdf Hello Mr. Scott, This email is to follow up on our phone conversation we had the other day regarding the outstanding fees for your Ol variance application. To summarize, the required filing fees for a variance application is $5,168.80. This fee includes the Environmental Health Department review, Public Works Department review, publishing costs, and environmental fees, but it also covers 13 hours of Planning's work on the project. The 13 hours of time under our current hourly rate comes out to $2,119.00. This fee for Planning's time is structured as a minimum fee, and the applicant is responsible for any amount of time spent on the project that goes over the 13 hours of staff time spent on the application. When our office took in your application, the total fee paid was $1,683.82. After transferring funds to the Public Works Department, Environmental Health Department, publishing, etc., a total of $913.27 was left over for Planning's time. This amount covered 5.6 hours of planning staff time, together with the General Plan and Technology Fees. To date, total planning staff time spent on this project is at 13.25 hours, which is near the standard amount that would have been due at the time of application submittal. After applying the General Plan Fee and Technology Fee, this comes to an additional amount owed of $1,319.90. 0 From our previous conversations, it appeared to us that you had concerns with the amount owed as well as the fact that you were not informed when staff's time went over the initial allotted time of 5.6 hours. However, our efforts are always to keep costs down for you as much as possible, while also insuring that our department is doing all we can for you to have a successful project. Though, we will continue to keep costs down as much as we can, we ultimately need to resolve this issue before we can go forward with the application. So, in the interest of resolving this matter that is both fair to you and the County, we are requesting that additional amount of $1,276.91 be paid at this time. This payment would bring your account in line with what the required filing fees would have been at the time your application was submitted. 1 We apologize for any confusion regarding the County's fee schedule, and we appreciate your attention to this matter. Also, please review the attached invoice for detailed information regarding the outstanding fees. Thank you Rowland Hickel Senior Planner - Butte County Department of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-7150 - Phone (530) 538-7785 - Fax rhickeli PqN411'rrj f Description Quantity INVOICE T T �Q MIN NR Q 13.00 From !,'Butte County Dept of $2,119.00 - Development Services O O 7 County Center Drive Q Q I Oroville, CA 95965 E UN Invoice Number 78 Invoice For _ Scott, Shane Project Number VAR 13-0001 2?86 White Avenue ; Durham; CA 95938 Issue Date 09/17/2013 Due Date 10/02/2013 (Net 15) . Subject RE -DEPOSIT REQUIREDM. 5 Type f Description Quantity Unit.Price Amount MIN NR IF Minimum Fee (Non -Refundable) 13 hrs @ $163.00. 13.00 $163.00 $2,119.00 (5.6 hrs @ $163.00 Original Application Planning payment $913.27) FRET GPMF General Plan Marntenance Fee (4 5% of Minimum Fee Non , 13 00 $7 34 $95 36" Refundable) r sn. r - 5 (5 6 hrs @ 7 34 Original Apphcatign Planning payment $41 26) , x NONeS. RET -TIF Technology Investment.Fee (1.0% of Minimum Fee Non 13.00 $1.63, $21.19 Refundable) (5.6 hrs @ $1.63 Original Application Planning payment $9.19) t x ; FPO�PUBLISHING EXPENSE F14-018 Chico �RET'PUBL � ($168 18 pubUshirig $163 00 deposit $5 18 due)'.' � � � i ,s x,--G:ix.x '� xx . x...:za x� z.:-. z 7:.xx z x.z,•z .-.r, ax:�: .. .x..:::t s+� ..x ' n Subtotal $2,403.73 Retainer Payments -$1,126.82 Amount Due : 1$10276.91 Notes ' Minimum Fee (Non -Refundable) plus Hourly Rate. Minimum Fees are Non -Refundable and are subject to additional RETAINER FEES.. Should Project not be able to be completed within the initial MINIMUM FEES, applicant will be required to pay additional RETAINER FEES to cover the remainder of the Project. ` Please make check payable to Butte County Treasurer. Please reference your project number "VAR13-0001" on your check. Thank you. Page 1 of 2 , 4 , BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 22, 2013 Applicant: Shane D. Scott File #: VAR13-0001 Request: A Variance to reduce the required side and rear setbacks for a detached carport. G.P.: AG (Agriculture) Zoning: AG -20 (Agriculture, 20 -acre Minimum Parcel Size) Zone Date: December 10, 2012 APN: 038-180-033 EXECUTIVE SUMMARY Supervisor District: 4 Parcel Size: 1.34 acres Location: The project site is located at 2286 White Drive, approx. '/z mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. Planner: Rowland Hickel, Senior Planner Attachments: A: Resolution B: Vicinity Map, Zoning Map C: Site Plan D: Building Elevations The applicant is requesting a variance to Section 24-14 (C.) of the Zoning Ordinance to reduce the side and rear setbacks for the construction of a detached carport that would be accessory to the existing single-family residence. The proposed variance would reduce the minimum interior side setback from 8'11 " to 7`, and reduce the minimum rear setback from 25' to 6'. In both instances, the requested deviation from the required development standard is greater than 10 percent, thereby requiring Planning Commission approval. Staff Recommendation: Approve the attached resolution that finds the project Categorically Exempt under Section 15305(a) of the California Environmental Quality Act (CEQA) and approving the Variance (VAR13-0001/Scott) with findings and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS • The applicant is proposing to construct a 2,016 square foot detached carport that is accessory to the existing single-family residence. The structure is proposed to be sited on the rear half of the subject lot, and has a height of 20'9". The proposed use of the carport would be to store the family travel trailer, which is presently kept along the existing driveway, towards the front of the lot. • The structure is proposed to be setback 7 feet from the interior side property line and 6 feet from the rear property line. These setback distances are measured from the support posts to the property line. The eves of the structure would extend an additional 15 inches into the side setback and 21 inches into the rear setback. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR13-0001 ■ Page I of 4 ■ 1 • The project site encompasses 1.34 acres and is located within the AG -20 zone district. • The project site is developed with a single-family residence, on-site septic system, and groundwater well. The residence and septic system are sited on the rear half of the lot. • The required minimum interior side setback for a structure in the AG -20 zone district is either 25 feet or 5 percent of the lot's width, whichever is less, but in no case shall the setback be less than 5 feet. (BCC §24-14(c.)) Because the width of the subject lot is 177.48 feet, the minimum side setback for the property is 8'11". • The required rear setback for an accessory structure in the AG -20 zone district is 25 feet. (BCC §24-14(c.)) • Eves and other similar roof projections are allowed to extend up to 2 '/2 feet into the interior side setback and 4 feet into the rear setback. (BCC §24-54) • Surrounding uses include single-family residential and agriculture in the AG -20 zone district. Properties to the north, east and west are non -conforming with the 20 -acre minimum parcel size requirement. The parcel to the north encompasses 1.73 acres; the parcel to the east encompasses 2.24 acres; and, the parcel to the west encompasses 4.44 acres. • There are no existing structures on adjacent parcels that are situated immediately adjacent to the proposed location of the carport. • Several existing structures located to the west and east of the project site are situated near the shared property line. An exact survey of these structures has not been performed, but it appears that some may be located within the minimum interior side setback. ANALYSIS • The project site is 0.39 acres smaller than the parcel to the north; 0.9 acres smaller than the parcel to the east; and, 3.1 acres smaller than the parcel to the west. • The small parcel size, together with the placement of the existing home and septic system, reduces feasible buildable areas to construct the detached carport. • Placement of the proposed carport 25' from the rear property line would be prohibited due to its conflict with the existing septic system and leach field. Additionally, the proposed structure would obstruct vehicle access to the attached garage located on the east side of the residence. • Existing structures located on adjacent parcels have structures that appear to encroach into the side setback, though these parcels are larger in size than the subject property. • Siting of the proposed carport towards the front of the lot would potentially reduce the visual qualities of the property from the roadway. • A reduction of the width of the structure by I'll" would eliminate the need obtain a variance for the side setback. REQUIRED FINDINGS ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR] 3-0001 ■ Page 2 of 4 ■ 2 0 • 1. There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property. The 1.34 acre parcel size of the subject property is a unique characteristic of the subject property that generally does not exist with the properties located in the vicinity of the project site, and that are within same AG -20 zoning. Properties adjacent to the subject property encompass 1.73 acres, 2.24 acres, and 4.44 acres, which are considerably larger than the subject property, and would not be similarly affected by the larger setback requirements of the AG zoning. 2. The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property. The strict application of the AG zoning setback requirements for the 1.34 acre parcel would deprive the property owner from building a structure that other properties, located in the vicinity of the project site, and under the same zoning, may presently build because of the larger parcel sizes. 3. The Variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property. Granting the variance would preserve a property right that is presently enjoyed by surrounding property owners, and within the same zoning, because the 1.34 acre parcel size of the project site, together with the larger setback requirements of the AG zoning, deprives the property owner of the right to build certain sizes of structures that other, larger properties may presently be allowed to build without restriction. 4. The Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property. Approval of the variance would not be materially detrimental to the public's health, safety, or welfare, or become injurious to surrounding properties or improvements because there are no existing improvements located in the vicinity of the proposed structure that would be impacted by it, and because the proposed structure would meet all applicable requirements of the California Building Code. 5. The Variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity or in the same zone as the subject property. Approval of the variance would not constitute a grant of special privilege because other properties located adjacent to the project site, and within the same zoning, may have ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR13-0001 ■ Page 3 of 4 ■ 3 existing structures, albeit nonconforming, that encroach into the current minimum setback requirement. 6. The Variance does not allow a use or activity which is prohibited by the Zoning Ordinance in the applicable zone. Approval of the variance would not allow for a use or activity prohibited by zoning because the proposal seeks to reduce the minimum setback requirements for a proposed detached carport, which is an accessory structure and use allowed in the AG zone district, pursuant to Section 24-156 of the Butte County Code. 7. The Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan. Information presented in the August 22, 2013 Butte County Planning Commission Agenda Report, and as supplied by the applicant, demonstrates that the variance is consistent with all applicable standards in Chapter 24 (Zoning), other County ordinances, and the Butte County General Plan. LOCAL AGENCY REVIEW The Butte County Public Works Department had no comments. They did review the creation deed and determined the parcel was established consistent with State and County requirements. PUBLIC COMMENT Staff did not receive any public comments prior to completion of the agenda report. ENVIRONMENTAL REVIEW Staff is recommending that the project be found to be Categorically Exempt under Section 15305(a) of the CEQA Guidelines, which includes minor alterations in land use limitations with an average slope of 20 percent, including variances to setbacks not resulting in the creation of new parcels. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR13-0001 ■ Page 4 of 4 ■ - 0 RESOLUTION PC13- A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING VARIANCE VAR13-0001 (Shane D. Scott) WHEREAS, the Planning Commission has considered Variance VAR13-0001 for Shane D. Scott, in accordance with Chapter 24, Article 32, Variances and Minor Variances, of the Butte County Code on Assessor's Parcel Number 038-180-033; and WHEREAS, the Planning Commission has determined the variance is categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly notified public hearing was held on August 22, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Finds this project is Categorically Exempt from environmental review under Section 15305(a) of the CEQA Guidelines (Class 5 Exemption). This section states that the California Environmental Quality Act exempts minor alterations in land use limitations with an average slope of 20 percent, including variances to setbacks not resulting in the creation of new parcels. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Development Services Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings: A. The 1.34 acre parcel size of the subject property is a unique characteristic of the subject property that generally does not exist with the properties located in the vicinity of the project site, and that are within same AG -20 zoning. Properties adjacent to the subject property encompass 1.73 acres, 2.24 acres, and 4.44 acres, which are considerably larger than the subject property, and would not be similarly affected by the larger setback requirements of the AG zoning. B. The strict application of the AG zoning setback requirements for the 1.34 acre parcel would deprive the property owner from building a structure that other properties, located in the vicinity of the project site, and under the same zoning, may presently build because of the larger parcel sizes. C. Granting the variance would preserve a property right that is presently enjoyed by surrounding property owners, and within the same zoning, because the 1.34 acre parcel size of the project site, together with the larger setback requirements of the AG zoning, deprives the property 5 owner of the right to build certain sizes of structures that other, larger properties may presently be allowed to build without restriction. D. Approval of the variance would not be materially detrimental to the public's health, safety, or welfare, or become injurious to surrounding properties or improvements because there are no existing improvements located in the vicinity of the proposed structure that would be impacted by it, and because the proposed structure would meet all applicable requirements of the California Building Code. E. Approval of the variance would not constitute a grant of special privilege because other properties located adjacent to the project site, and within the same zoning, may have existing structures that encroach into the current minimum setback requirement. F. Approval of the variance would not allow for a use or activity prohibited by zoning because the proposal seeks to reduce the minimum setback requirements for a proposed detached carport, which is an accessory structure and use allowed in the AG zone district, pursuant to Section 24- 156 of the Butte County Code. G. Information presented in the August 22, 2013 Butte County Planning Commission Agenda Report, and as supplied by the applicant, demonstrates that the.variance is consistent with all applicable standards in Chapter 24 (Zoning), other County ordinances, and the Butte County General Plan. III. Approves Variance VAR13-0001 and the special conditions found as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 22`h day of August, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: KIM MCMILLAN, Secretary Planning Commission County of Butte, State of California 2 MARY KENNEDY, Chair Planning Commission County of Butte, State of California 101 EXHIBIT A VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Rec.) VAR13-0001 PERMIT NO.. 038-180-033 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Shane D. Scott is hereby granted a Variance to reduce the side and rear setbacks for the construction of a detached carport that is accessory to the existing single- family residence. The proposed variance would reduce the minimum interior side setback from 8'11" to T, and reduce the minimum rear setback from 25' to 6'. I. SPECIAL CONDITIONS: Planning Division Applicant shall comply with requirements of the Building Division and Department of Public Works. 2. Applicant shall also comply with all other applicable state and local statutes, ordinances and regulations. 3. Prior to the issuance of the Variance, applicant shall pay any outstanding project -related processing fees. County Counsel 4. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: Applicant 3 7 9 • NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. CC: Land Development Building Division Environmental Health Division Butte County Fire Department/CDF Assessor's Office 4 n Ln `i Renz Rd W mock Way N Ln VICINITY MAP a o \ 3. w E y Z`� Vista Ln _ Vista Ln m N w U G m A p $ \ a Bt rdi Rd Durham -Dayton Hwy v rs'o` St Dur ham U T cy Ranch d 0 y �ampbeOf� c J Fa at rank Marion L \ m stor+ns aV% Ftond N a Gorrill'\ Hyer Ct key Ln �t2 Ln Serviss St N Tumtre t '� p .n d U t0 Hutton Way o = N v Cl) m n � o 0 C7 I \ I � Hanlon Rd R ' o ' i I { 1 i Etta Ln I I House Ave •� I i Wtlma WaY I J Calm Av i m 0 / Project Location i %Whlte or �efe Ln Grainland Rd 1:22,000 VAR13-0001 Legend 0 0.125 0.25 0.5 APN 038-180-033 Railroad Miles Roads TIM BOHAN sip Lakes s Streams 10 C%4 14 F LLA5 NVId dbOU IM I uVaMs-umd. . -2; 'cif ( o z At -I M IR C, PH i-Nt . . . . . . . . . . ..... ....... ............ ...... ........... LLJ LLS 0 ...... . .. . . .... . .. ...... - 41 i .� .. }F.. . � 1 0 R= :Q 9, j I 0 C ao V W �a cn q M- To the Butte County Planning Commission RE: Proposed building of a car port at 2286 White Drive, Durham We, the owners of the adjoining property of this address (8529 Taylor Ave, Durham), have no objection to the request that the owner of the White Drive property has made to receive a variance to allow the building of a car port closer to the property line that we share. We understand that the car port will be approximately six feet from our shared property line. Given the rural nature of our property we do not believe that this amount of a setb i an issue. Our property along this line is used only as a pasture. Jack J'ne Ardell liner • 0 To Butte County Planning Commission, This letter of approval is for the project on 2286 White Dr. We have received the proposed variance notice from Butte County Planning, and feel that this project would be beneficial to us. This project will add value to our property and other surrounding properties , and will not interfere with future projects that we have planned. Signed...... ......................................08121113 .d / m moss 4 • • Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecounty.net/dds ADMINISTRATION * BUILDING * PLANNING . MEMORANDUM TO: Butte County Planning Commission FROM: Charles Thistlethwaite, Planning Division nage Rowland Hickel, Senior Planner SUBJECT: August 22, 2013 Planning Commission Meeting Agenda Item No. V. A. — Variance VAR13-0001 (Scott) DATE: August 22, 2013 In the staff report for Variance VAR13-0001 (Scott), provided to the Planning Commission under separate cover, Development Services staff recommended your Commission find the project Categorically Exempt under the California Environmental Quality Act (CEQA) and approve the Variance subject to findings and conditions. Since the date of the staff report's preparation, staff has more closely reviewed the specific circumstances of this application against the specific findings required under Butte County Code in .order to grant the request. The results of this additional review are provided to your Commission in this memo. In summary, the evidence provided by the applicant in support of each of the findings required by Section 24-231 of the Zoning Ordinance (see below) is not sufficient to meet the test required to grant a variance in Butte County. Unless the project applicant can provide adequate evidence supporting all of the findings required by Section 24-231, Development Services staff is not able to conclude there is substantial evidence supporting approval of the request at this.. time. . . Variance applications are a relatively rare occurrence in Butte County. The last variance application heard by the Planning Commission was Variance VAR09-0001 (Marshall) approved by the Commission on December 10, 2009. The vast majority of inquiries regarding potential variances are discouraged by Development Services' staff through informing potential applicants of the findings required by Butte County Code. Variance VAR13-0001 (Scott) is the first variance application processed under the current Zoning Ordinance adopted on November 6, 2012. August 22, 2013 Memorandum to Butte County Planning Commission — Variance VAR13-0001(Scott) As noted in the staff report for this application, Section 24-231 provides that your Commission may approve an application for a variance only if the proposed project is supported by all of the following findings (BCC §24-231): A. There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings; that do not generally apply to other properties in the vicinity or in the same zone as the subject property. B. The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property. C. The Variance or Minor Variance is necessary to preserve a substantial property right possessed by other property in the vicinity or in the same zone as the subject property. D. The Variance or Minor Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property. E. The Variance or Minor Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity or in the same zone as the subject property. F. The Variance or Minor Variance does not allow a use or activity which is prohibited by the Zoning Ordinance in the applicable zone. G. The Variance or Minor Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan. The staff report previously provided identified there are unusual or unique circumstances applicable to the Scott property that do not generally apply to other properties in the vicinity and under the same (Agricultural — 20 -acre minimum (AG -20)) zone. The parcel is both smaller (1.34 acres) in size and of a narrower width (177.46 feet) than other parcels in the immediate vicinity. In addition to the staff report's discussion of the parcel size of adjacent parcels to the immediate north and east of the subject property, staff has compared the size of the Scott parcel to the size of parcels within 300 and 500 feet, respectively, of the subject property's exterior boundaries. The seven parcels within 300 feet of the Scott property range in. size from 1.73 acres to 18.29 acres with an average size 'of 5.36 acres. There are 18 parcels within 500 feet of the Scott parcel ranging in size from 0.57 to 222.96 acres with an average size of 29.99 acres. Despite the small size of the subject property, there is adequate room to build the proposed structure on the property without encroaching into the required setbacks. The applicant and the staff report correctly note that the location of the existing residence and septic system preclude the location of the proposed structure to the rear or side of the residence. However, August 22, 2013 Memorandum to Butte County Planning Commission — Variance VAR13-0001(Soott) 46 the proposed carport could be built in front of the existing. residence. Staff recognizes the applicant's concern of a potential adverse effect on the visual quality (aesthetics) of the subject property by having the proposed carport in front of the residence. Mr. Scott's property does have a well landscaped front yard. However, after further analysis and consultation with the office of County Counsel, staff does not believe the information provided is sufficient to prove that "strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property" (BCC §24-231 (B.)) or that the Variance "is necessary to preserve a substantial property right possessed by other property." (BCC §24- 231 (C.)) In addition, unless the applicant can provide information to demonstrate the 'strict application' and 'substantial property right' findings are satisfied, approval of the variance request may °constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity." The existence of other properties in the vicinity with pre-existing structures encroaching on required setbacks is not, by itself, sufficient for the findings required by BCC §24-231 (E.). If the applicant can provide additional information to satisfy each of the findings required by BCC §24-231, staff recommends approval of Variance VAR13-0001 (Scott), subject to the recommended conditions. If substantive new information is offered at the public hearing that has not been reviewed by the Planning Commission or addressed by staff, you may wish to continue the item to a future Commission meeting. Alternatively, if your Commission cannot make all of the required findings for approval, then the application for Variance VAR13-0001 must be denied. As part of Development Services' additional review of this application, information was received regarding variance practices from a number of counties including: • EI Dorado County; • Monterrey County; • San Luis Obispo County; • Shasta County; • Sonoma County; and • Ventura County. A number of these jurisdictions have established other permitting processes to reduce certain setbacks without necessitating the types of findings required under BCC §24-231 or the restrictions in state law enabling variances.' However, absent a locally adopted ordinance the requirements discussed above must be satisfied. 1 Government Code §65906 provides as follows: "Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. August 22, 2013 Memorandum to Butte County Planning Commission - Variance VAR13-0001 (Scott) • E A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits" August August 22, 2013 Memorandum to Butte County Planning Commission — Variance VAR13-0001 (Scott) Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile ADMINISTRATION * BUILDING * PLANNING BUTTE COUNTY PLANNING COMMISSION AGENDA August 22, 2013 TIME: 9:00 a.m. PLACE: Board of Supervisors' Room County Administration Center 25 County Center Drive Oroville, CA 95965 PLEDGE OF ALLEGIANCE ROLL CALL — Commissioners Donati, Grossberger, Nelson, Wilson and Chair Kennedy. III. ACCEPTANCE OF AGENDA — Commission members and staff may request additions, deletions or changes in the Agenda order. IV. BUSINESS FROM THE FLOOR ON ITEMS NOT ALREADY ON THE AGENDA (Presentations will be limited to five minutes. The Planning Commission is prohibited by State Law from taking action on any item presented if it is not listed on the Agenda). V. PUBLIC HEARINGS AND OTHER MATTERS FOR DISCUSSION — The Chair will call for a presentation of the report. of staff. The hearing will then be opened to the public for proponents, opponents, comments, and rebuttals. The hearing will be then be closed to the public and discussion confined to the members of the Planning Commission and staff. The Commission will then make a motion and vote on the item. It is requested that individual public comments be addressed to the Chair and limited to a maximum of 5 minutes so that all interested parties will have an opportunity to address the Commission. Following your presentation, please print your name and address on the speakers sheet so that the record will be accurate. - A. VARIANCE VAR13-0001 (Scott) Applicant: Shane D. Scott Project: VAR13-0001 Planner: Rowland Hickel, Senior Planner APN: 038-180-033 G.P.: AG (Agriculture) Zoning: AG -20 (Agriculture, 20 acre density) Location: The project site is located at 2286 White Drive, approx. '/z mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA o AUGUST 22, 2013 ■ PAGE 1 ■ Staff Recommendation: Approve VI. GENERAL BUSINESS - This section of the agenda is to be utilized by the Planning Commission and Director of Development Services on items of interest, general discussion, or items for which staff have been directed to do research and bring back to the Commission. Items may not always be addressed at every hearing, but will always be listed as part of the agenda. A. Directors' Report • Update on Butte County SMARA Program B. General Plan Follow-up and Implementation Program C. Update on Recent Board of Supervisors' Actions D. Legislative Case Law Update E. Planning Commission Concerns VII. COMMUNICATIONS - Communications received and referred. (Copies of all communications are available in the Planning Division Office.) VIII. MINUTES — None IX. ADJOURNMENT ■ BUTTE COUNTY PLANNING COMMISSION ■ AGENDA e AUGUST 22, 2013 ■ PAGE 2 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — August 22, 2013 Applicant: Shane D. Scott File #: VAR13-0001 Request: A Variance to reduce the required side and rear setbacks for a detached carport. G.P.: AG (Agriculture) Zoning: AG -20 (Agriculture, 20 -acre Minimum Parcel Size) Zone Date: December 10, 2012 Supervisor District: 4 Parcel Size: 1.34 acres Location: The project site is located at 2286 White Drive, approx. mile west from Midway, and 2.4 miles south from Durham -Dayton Highway. Planner: Rowland Hickel, Senior Planner Attachments: A: Resolution B: Vicinity Map, Zoning Map C: Site Plan APN: 038-180-033 D: Building Elevations EXECUTIVE SUMMARY The applicant is requesting a variance to Section 24-14 (C.) of the Zoning Ordinance to reduce the side and rear setbacks for the construction of a detached carport that would be accessory to the existing single-family residence. The proposed variance would reduce the minimum interior side setback from 8'11" to 7`, and reduce the minimum rear setback from 25' to 6'. In both instances, the requested deviation from the required development standard is greater than 10 percent, thereby requiring Planning Commission approval. Staff Recommendation: Approve the attached resolution that finds the project Categorically Exempt under Section 15305(a) of the California Environmental Quality Act (CEQA) and approving the Variance (VAR13-0001/Scott) with findings,and conditions. PROJECT DESCRIPTION/SITE CHARACTERISTICS • The applicant is proposing to construct a 2,016 square foot detached carport that is accessory to the existing single-family residence. The structure is proposed to be sited on the rear half of the subject lot, and has a height of 20'9". The proposed use of the carport would be to store the family travel trailer, which is presently kept along the existing driveway, towards the front of the lot. The structure is proposed to be setback 7 feet from the interior side property line and 6 feet from the rear property line. These setback distances are measured from the support posts to the property line. The eves of the structure would extend an additional 15 inches into the side setback and 21 inches into the rear setback. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 0 Shane D. Scott VAR] 3-0001 ■ Page I of 4 ■ • The project site encompasses 1.34 acres and is located within the AG -20 zone district. • The project site is developed with a single-family residence, on-site septic system, and groundwater well. The residence and septic system are sited on the rear half of the lot. • The required minimum interior side setback for a structure in the AG -20 zone district is either 25 feet or 5 percent of the lot's width, whichever is less, but in no case shall the setback be less than 5 feet. (BCC §24-14(c.)) Because the width of the subject lot is 177.48 feet, the minimum side setback for the property is 8'11 ". • The required rear setback for an accessory structure in the AG -20 zone district is 25 feet. (BCC §24-14(c.)) • Eves and other similar roof projections are allowed to extend up to 2 %2 feet into the interior side setback and 4 feet into the rear setback. (BCC §24-54) • Surrounding uses include single-family residential and agriculture in the AG -20 zone district. Properties to the north, east and west are non -conforming with the 20 -acre minimum parcel size requirement. The parcel to the north encompasses 1.73 acres; the parcel to the east encompasses 2.24 acres; and, the parcel to the west encompasses 4.44 acres. • There are no existing structures on adjacent parcels that are situated immediately adjacent to the proposed location of the carport. • Several existing structures located to the west and east of the project site are situated near the shared property line. An exact survey of these structures has not been performed, but it appears that some may be located within the minimum interior side setback. ANALYSIS • The project site is 0.39 acres smaller than the parcel to the north; 0.9 acres smaller than the parcel to the east; and, 3.1 acres smaller than the parcel to the west. • The small parcel size, together with the placement of the existing home and septic system, reduces feasible buildable areas to construct the detached carport. • Placement of the proposed carport 25' from the rear property line would be prohibited due to its conflict with the existing septic system and leach field. Additionally, the proposed structure would obstruct vehicle access to the attached garage located on the east side of the residence. • Existing structures located on adjacent parcels have structures that appear to encroach into the side setback, though these parcels are larger in size than the subject property. • Siting of the proposed carport towards the front of the lot would potentially reduce the visual qualities of the property from the roadway. • A reduction of the width of the structure by 1'11" would eliminate the need obtain a variance for the side setback. REQUIRED FINDINGS ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR] 3-0001 ■ Page 2 of 0 2 1: There are unique circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, that do not generally apply to other properties in the vicinity or in the same zone as the subject property. The 1.34 acre parcel size of the subject property is a unique characteristic of the subject property that generally does not exist with the properties located in the vicinity of the project site, and that are within same AG -20 zoning. Properties adjacent to the subject property encompass 1.73 acres, 2.24 acres, and 4.44 acres, which are considerably larger than the subject property, and would not be similarlyaffected by the larger setback requirements of the AG zoning. 2. The strict application of the Zoning Ordinance requirements would deprive the subject property of privileges enjoyed by other property in the vicinity or in the same zone as the subject property. The strict application of the AG zoning setback requirements,for the 1.34 acre parcel would deprive the property owner from building a structure that other properties, located in the vicinity of the project site, and under the same zoning, may presently build because of the larger parcel sizes. 3. The Variance is necessary to preserve a substantial property right possessed 'by other property in the vicinity or in the same zone as the subject property. Granting the variance would preserve a property right that is presently enjoyed by surrounding property owners, and within the same zoning, because the 1.34 acre parcel size of the project site, together with the larger setback requirements of the AG zoning, deprives the property owner of the right to build certain sizes of structures that other, larger properties may presently be allowed to build without restriction. 4. The Variance will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity or in the same zone as the subject property. Approval of the variance would not be materially detrimental to the public's health, safety, or welfare, or become injurious to surrounding properties or improvements because there are no existing improvements located in the vicinity of the proposed structure that would be impacted by it, and because the proposed structure would meet all applicable requirements of the California Building Code. 5. The Variance does not constitute a grant of special privilege inconsistent with the limitation upon other properties in the vicinity or in the same zone as the subject property. Approval of the variance would not constitute a grant of special privilege because other properties located adjacent to the project site, and within the same zoning may have ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR] 3-0001 ■ Page 3 of 4 ■ 3 existing structures, albeit nonconforming, that encroach into the current minimum setback requirement. 6. The Variance does not allow a use or activity which is prohibited by the Zoning Ordinance in the applicable zone. Approval of the variance would not allow for a use or activity prohibited by zoning because the proposal seeks to reduce the minimum setback requirements.for a proposed detached carport, which is an accessory structure and use allowed in the AG zone district, pursuant to Section 24-156 of the Butte County Code. 7. The Variance complies with applicable standards in the Zoning Ordinance, other County ordinances, the General Plan and any other applicable community or specific plan. Information presented in the August 22, 2013 Butte County Planning Commission Agenda Report, and as supplied by the applicant, demonstrates that the variance is consistent with all applicable standards in Chapter 24 (Zoning), other County ordinances, and the Butte County General Plan. LOCAL AGENCY REVIEW The Butte County Public Works Department had no comments. They did review the creation deed and determined the parcel was established consistent with State and County requirements. PUBLIC COMMENT Staff did not receive any public comments prior to completion of the agenda report. ENVIRONMENTAL REVIEW Staff is recommending that the project be found to be Categorically Exempt under Section 15305(a) of the CEQA Guidelines, which includes minor alterations in land use limitations with an average slope of 20 percent, including variances to setbacks not resulting in the creation of new parcels. ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT ■ ■ August 22, 2013 ■ Shane D. Scott VAR] 3-0001 ■ Page 4 of 4 ■ n RESOLUTION PC13- A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING VARIANCE VAR13-0001 (Shane D. Scott) WHEREAS, the Planning Commission has considered Variance VAR] 3-0001 for Shane D. Scott, in accordance with Chapter 24, Article 32, Variances and Minor Variances, of the Butte County Code on Assessor's Parcel Number 038-180-033; and WHEREAS, the Planning Commission has determined the variance is categorically exempt in accordance with the California Environmental Quality Act; and WHEREAS, said variance was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly notified public hearing was held on August 22, 2013; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: Finds this project is Categorically Exempt from environmental review under Section 15305(a) of the CEQA Guidelines (Class 5 Exemption). This section states that the California Environmental Quality Act exempts minor alterations in land use limitations with an average slope of 20 percent, including variances to setbacks not resulting in the creation of new parcels. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. A. The custodian of the record is the Department of Development Services Planning Division. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Makes the following findings: A. The 1.34 acre parcel size of the subject property is a unique characteristic of the subject property that generally does not exist with the properties located in the vicinity of the project site, and that are within same AG -20 zoning. Properties adjacent to the subject property encompass 1.73 acres, 2.24 acres, and 4.44 acres, which are considerably larger than the subject property, and would not be similarly affected by the larger setback requirements of the AG zoning. B. The strict application of the AG zoning setback requirements for the 1.34 acre parcel would deprive the property owner from building a structure that other properties, located in the vicinity of the project site, and under the same zoning, may presently build because of the larger parcel sizes. C. Granting the variance would preserve a property right that is presently enjoyed by surrounding property owners, and within the same zoning, because the 1.34 acre parcel size of the project site, together with the larger setback requirements of the AG zoning, deprives the property 1 5 owner of the right to build certain sizes of structures that other, larger properties may presently be allowed to build without restriction. D. Approval of the variance would not be materially detrimental to the public's health, safety, or welfare, or become injurious to surrounding properties or improvements because there are no existing improvements located in the vicinity of the proposed structure that would be impacted by it, and because the proposed structure would meet all applicable requirements of the California Building Code. E. Approval of the variance would not constitute a grant of special privilege because other properties located adjacent to the project site, and within the same zoning, may have existing structures that encroach into the current minimum setback requirement. F. Approval of the variance would not allow for a use or activity prohibited by zoning because the proposal seeks to reduce the minimum setback requirements for a proposed detached carport, which is an accessory structure and use allowed in the AG zone district, pursuant to Section 24- 156 of the Butte County Code. G. Information presented in the August 22, 2013 Butte County Planning Commission Agenda Report, and as supplied by the applicant, demonstrates that the variance is consistent with all applicable standards in Chapter 24 (Zoning), other County ordinances, and the Butte County General Plan. III. Approves Variance VAR13-0001 and the special conditions found as set forth in the attachment (Exhibit A) to the resolution. DULY PASSED AND ADOPTED this 22`h day of August, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: KIM MCMILLAN, Secretary Planning Commission County of Butte, State of California MARY KENNEDY, Chair Planning Commission County of Butte, State of California 2 6 EXHIBIT A VARIANCE BUTTE COUNTY PLANNING COMMISSION DATE: (Certified Mail Ree.) VAR13-0001 PERMIT NO. 038-180-033 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Shane D. Scott is hereby granted a Variance to reduce the side and rear setbacks for the construction of a detached carport that is accessory to the existing single- family residence. The proposed variance would reduce the minimum interior side setback from 8'11 " to T, and reduce the minimum rear setback from 25' to 6'. I. SPECIAL CONDITIONS: Planning Division Applicant shall comply with requirements of the Building Division and Department of Public Works. 2. Applicant shall also comply with all other applicable state and local statutes, ordinances and regulations. 3. Prior to the issuance of the Variance, applicant shall pay any outstanding project -related processing fees. County Counsel 4. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicant or any other developer/operator other than the applicant agrees to indemnify the County of Butte from liability or loss related to the approval of this project and agrees to sign an indemnification agreement in a form approved by County Counsel before the Board's appeal hearing. If the application is not appealed, this condition is deemed satisfied. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: Applicant 3 7 0 0 NOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting construction, nor does it waive any other requirements. 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CC i: iii', NX dM K cm N Ku ,mc 2a•' -p" - � �a ELEVA'd' OU NOFTH 12 i r� BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Butte County Planning Commission will hold a public hearing to consider an application for a Variance VAR13-0001 (Shane D. Scott) on August 22, 2013, at 9:00 a.m., in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California as follows: Project Information Project: Variance VAR13-0001 (Applicant: Shane D. Scott) Location: The project site is located at 2286 White Drive; approx. '/z mile west from Midway, and 2.4 miles south from Durham -Dayton .Highway. APN: 038-180-033 Project Description: The applicant is requesting a variance to reduce the required side and rear setbacks for a detached carport in the AG -20 Zone District. Butte County is recommending that the project be categorically exempt, pursuant to Section 15305(a) of the California Environmental Quality Act (CEQA) Guidelines. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. In order for comments to be included in the packet, please submit comments no later than Tuesday, August 13. 2013. If you challenge the above application in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. The above-mentioned application is on file and available for public viewing at the office of Butte County Department of Development Services, Planning Division, 7 County Center Drive, Oroville, California. For information contact Rowland Hickel at (530) 538-7150, Monday through Friday, 8:00 a.m. to 4:00 p.m. or by email at rh icke lQbuttecounty. net. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES