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HomeMy WebLinkAboutMUP16-0013_PC_Report■Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 1 of 27 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – December 8, 2016 EXECUTIVE SUMMARY: The Minor Use Permit would allow construction of a 294 square foot solar array at a maximum height of 14 feet on a 1.06-acre parcel in the SR-1/VLDR (Suburban Residential – one-acre minimum/Very Low Density Residential) zone. The panels are part of a tracking system and 14 feet is the near vertical position, rarely used in this way – more normally the array would be around 12 feet high; the height allowed ‘by right’ in the zone is 8 feet. The project is Categorically Exempt from environmental review under Section 15303(c). Staff recommends approval of this Minor Use Permit with findings and conditions. On November 16, 2016, the Zoning Administrator referred this application to the Planning Commission based on public comments received. PROJECT DESCRIPTION: The applicant proposes construction of a 294 square foot solar array at a maximum height of 14 Applicant: Peter LeDuc Location: 4047 Spyglass Road, southwest corner of Kittyhawk Drive and Spyglass Road, approximately 2000 feet west of Garner Lane/Spyglass Road intersection, Chico. Owner: Greg Schneringer File #: MUP16-0013 Request: Minor Use Permit for a 294 square foot solar array with a maximum height of 14 feet; Butte County Code specifies a 8 foot maximum height limit in the SR-1/VLDR zone, except where a Minor Use Permit is issued for additional height. Supervisor District: 2 Project Planner: Tristan Weems, Assistant Planner Parcel Size: 1.06 acers Attachments: G.P. : VLDR/NCSP SR-1 Overlay A: Planning Commission Resolution Zoning: SR-1/VLDR B: Minor Use Permit Zone Date: December 10, 2012 C: Aerial Exhibit APN: 047-670-030 D: E: F: Array and Site Layout Map Photos Comment Emails 1 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 2 of 27 ■ feet on a 1-acre parcel in the SR-1/VLDR zone. The project is located within the North Chico Specific Plan Area (NCSP). The NCSP SR-1 (Suburban Residential) does not dictate standards for Solar Installations, however, the Butte County Zoning Ordinance §24-157 applies for this underlying VLDR (Very Low Density Residential) zoned parcel. SITE CHARACTERISTICS AND SURROUNDING USES: • The developed project parcel has an existing residence, garage, and outbuildings. • The project parcel is 1.06 acres in size. • The site and surrounding developed properties have low-density residential land uses. Mud Creek is located to the south of the subject property. • The site and surrounding properties are located within the North Chico Specific Plan Area. • There is an 80 foot undeveloped Kittyhawk Drive right of way to the east of the subject property. To the east of the subject property, a pedestrian access trail runs between Spyglass Road and the Mud Creek trail. Locals use it for walking and hiking. The proposed solar array location is 25 feet west of this access trail. ANALYSIS • The Zoning Ordinance contains height standards for ground mount solar in Table 24-157-2, (BCC §24-157 C.3). The table specifies a maximum building height of 8 feet for parcels under two acres in size, but allows exceptions where a minor use permit has been approved allowing different standards. • The applicant has stated that the reason for the 14’ height of the array is to provide solar access to the proposed array while retaining mature evergreen trees along the south property line of the subject property adjacent to the pedestrian trail along Mud Creek (see Site Photo #6 in Attachment E). Applicant further states the current homeowner inherited an existing “leased” solar system with the home (see Site Photo #3). Because of the nature of the lease, he cannot move, expand, or alter the original system. Currently it meets less than half of his utility consumption. • Additionally, the existing evergreen trees serve an important function in screening an existing swimming pool from the adjacent publically accessible pedestrian path along Mud Creek (see aerial view in Exhibit C). The trees also help to screen the view of existing rooftop solar array and proposed ground mount array from the south. • The design and layout of the existing home also limits the ability to add additional solar on the roof. The remainder of the “open” roof space faces north and is more visible (and substantially less productive) than the proposed tracker system would be; the west rooftop exposure and remaining south rooftop exposure all have dormers which limit placement of additional panels due to fire code requirements for rooftop access. • The subject parcel is 1.06 acre in size. • The proposed solar array is located directly adjacent (25 feet) to the undeveloped Kittyhawk Drive (80-foot right of way). The property line setbacks from the nearest neighbors and the proposed array are proposed as follows: 2 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 3 of 27 ■ Direction Relative to Proposed Solar Array APN & Zoning Setback of solar array from property line North 047-670-031 VLDR/SR-1 220 ft. between array and onsite residence to the north East 047-670-074 VLDR/SR-1 110 ft. South 047-710-010 (vacant Resource Conservation land) 80 ft. West 047-670-029 VLDR/SR-1 180 ft. Aesthetic and Visual Impact The aesthetic impact of the 14’ high solar array will depend on individual sensitivity and perspective. The array will be visible from public space, including Spyglass Road, the extension of Kittyhawk Drive and the pedestrian trail adjacent to Mud Creek. See Site Photos 2, 3, and 5 below. The Zoning Ordinance allows ground mounted solar arrays under eight foot in height and roof- mount systems by right in residential zones. As a comparison, per §24-157 C. 4. “Photovoltaic panel systems attached to the roof of a structure shall not project more than 6 feet above the maximum elevation of the roof” without a minor use permit which would allow a 6-12 foot projection. In the opinion of staff, additional rooftop solar panels mounted above the existing roof would have a greater aesthetic impact than the proposed ground mount array. The setback of the proposed array to the nearest (eastern) property line is 25 feet. To this side there is a 6’ tall fence and 15’-20’ tall interspersed coniferous tree cover along the property line that will help screen the proposed array (see Site Photo #5). Additional screening will be provided as these trees mature. Two windows belonging to the owner’s eastern neighbor face the proposed array site at a distance of 110 feet (see Site Photo #7). As discussed above, there is dense, tall foliage and coniferous tree cover to the south, which would render the array nearly invisible from the southern vantage. See Site Photos 4 and 6 below. A 6’ high fence and tall, mature coniferous trees block the northern view. The owner’s residence, outbuilding, and tree cover blocks the western view. The other sensitive receptors to the array would be pedestrians between Spyglass Road and the Mud Creek Trail along the undeveloped Kittyhawk Drive Right-of-Way (see Site Photo 2). Lot Coverage in North Chico Specific Plan As noted above, the site and surrounding properties are located within the North Chico Specific Plan (NCSP) area. Table 7-2 of the NCSP contains a summary of development standards by zone district at time of adoption. Since adoption of the updated Zoning Ordinance in 2012, the current zoning district (Very Low Density Residential) matches the SR-1 zone district in the Specific Plan, because both allow large lot development with a minimum parcel size of one acre. 3 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 4 of 27 ■ Minor Use Permit Findings Section 24-222 of Butte County Code specifies the following findings that must be made if approving a use permit or minor use permit. Facts in support of the necessary findings are provided in italics below. A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). Minor Utility, Tier 1, ground mount solar up to ½ acre, is a permitted use in the SR-1/VLDR zones. The minor use permit is required because the ground solar array is taller than 8 feet per Butte County Code §24-157 C. 3.: Height, Parcel Size and Setback for ground- mounted photovoltaic panel systems shall be in accordance with Table 24-157-2, except where a minor use permit has been approved allowing different standards. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. Existing and future land uses in the vicinity of the subject property consist of detached single-family residences in the SR-1/VLDR zone. The height of the proposed solar array will be 14 feet at its highest point. Fourteen feet is the near vertical position of the proposed array’s tracking system and it will rarely be in this position. For most of the day, the array would be approximately 12 feet high. The array will be located 25’ adjacent to the undeveloped Kittyhawk Drive right-of-way. To the south within eighty feet of the proposed array lies Mud Creek, a seasonal drainage on land zoned RC (Resource Conservation). Although visible from adjacent residences, the size and location of the array means it will not dominate the view or tower above adjacent uses or properties. The existing 6’ fence, 25’ setback from the fence, and numerous mature conifers and dense foliage to the east, south, and north (side, rear, and front of the property, respectively) and the intervening on-site residence to the west will help screen the proposed array from public views. The trees along the property line will be taller than the proposed solar array at maximum height. The size, design, and operating characteristics of the proposed solar array are compatible with the existing and future land uses near the subject property and align with the intent and purpose of the VLDR (Very Low Density Residential) zoning designation given the size and location of the proposed array and the screening function of the foliage, trees, fences and distance to property line. The proposed array is a Tier 1, Minor Utility used to power on-site primary or accessory uses (residential). Tier 1 allows for up to ½ acre of total solar on the applicably zoned parcel, i.e. VLDR. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed array’s maximum height of 14 feet, with 25-foot interior side setback to the west, will not be detrimental to the public health, safety, and welfare of the County. A building permit is required for construction of the solar array, which will ensure it will adhere to building safety standards in the California Building Code. 4 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 5 of 27 ■ People living near the proposed solar facility would not be exposed to significant levels of radio-frequency (RF) emissions from the solar panels. The nearest onsite residential dwelling to the proposed solar facility is approximately 12 feet. According to researchers at the Brookhaven National Laboratory, regardless of the specific technology, photovoltaics generate significantly fewer harmful air emissions (at least 89%) per kilowatt-hour (KWh) than conventional fossil fuel fired technologies (Vasilis, 2008). D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. 4047 Spyglass Road, accessed from Garner Lane, is adequately served by existing or proposed services and infrastructure necessary to support the solar array. The proposed array will be accessory and incidental to the primary residential use of the property. No additional public services or infrastructure required. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the of the subject property. The current homeowner inherited an existing “leased” solar system with the home. Because of the nature of the lease, he cannot move or alter the original system. Currently it meets less than half of his utility consumption. The leased system covers the entire backside of the home leaving no other options for installing panels on his roof. The layout of the back yard with all of the trees at the property line leaves no options for a standard 8’ ground array. The tracker system, located on the side of the home where he has an undeveloped County right-of-way between him and the neighbor is, according to the installer, “the best site”. The layout of the home also limits any additional solar on the roof. The remainder of the “open” roof space faces north and is more visible (and substantially less productive) than the proposed tracker system would be; the west rooftop exposure and remaining south rooftop exposure all have dormers which limit placement of additional panels due to fire code requirements for rooftop access. The array will be at the maximum vertical height of 14 feet for a very limited time of the day (if at all) as it constantly moves to track the sun. It will be in a predominately-horizontal position at an estimated height of 12 feet or less as the sun goes overhead. The size, shape and other physical characteristics (including setback distance, and tree cover/fence screening) of the subject property are adequate to ensure compatibility of the proposed solar array with the existing and future land uses in the vicinity of the subject property. The proposed height increase is compatible with the allowed accessory structures described in Table 24-156-1 and the standards of §24-157 including the Tier 1 (Minor Utility) designation and should not change current or future land uses on or adjacent to the subject property. The solar array is consistent with development standards in the SR-1/VLDR (Suburban Residential – one-acre minimum/Very Low Density Residential) zone district. ENVIRONMENTAL REVIEW This application is for a Minor Use Permit to allow a maximum height of 14 feet for a solar array. The project is Categorically Exempt from environmental review under Section 15303(c) (New Construction of Conversion of Small Structures). 5 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 6 of 27 ■ PUBLIC COMMENTS As of November 17, 2016, staff received eleven emails regarding this project (see attached). Emails received commented on the potential aesthetic impacts of the proposed array. Additionally, comments also questioned the rationale of the proposal, as the owner noticeably already has solar panels on his property. On November 16, 2016, the Zoning Administrator referred this application to the Planning Commission based on the public comments received. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution finding the project is exempt from CEQA and approve MUP16-0013 with conditions. 6 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 7 of 27 ■ ATTACHMENT A RESOUTION NO. PC____ A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT MUP 16-0013 (Greg Schneringer) WHEREAS, the Planning Commission has considered Minor Use Permit MUP16-0013 to exceed solar array height standards in section 24-157 C.3 of Butte County Code (Table 24-157-2) to allow a 294 square foot solar array 14 feet in height in the SR-1/VLDR zone, not less than 25 feet from the northwestern property line at 4047 Spyglass Road, Chico; and WHEREAS, said minor use permit application was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on December 8, 2016; 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 the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) of the CEQA Guidelines which allows new construction of limited new, small facilities including accessory (appurtenant) structures including garages, carports, patios, swimming pool, or fences, or in the case of this Minor Use Permit, an accessory ground mounted solar array. A. 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. B. The custodian of the record is the Department of Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves Minor Use Permit MUP16-0013, subject to the following findings and the conditions found in Exhibit “B”: A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). Minor Utility, Tier 1, ground mount solar up to ½ acre, is a permitted use in the SR-1/VLDR zones. The minor use permit is required because the ground solar array is taller than 8 feet per Butte County Code §24-157 C. 3.: Height, Parcel Size and Setback for ground-mounted photovoltaic panel systems shall be in accordance with Table 24-157-2, except where a minor use permit has been approved allowing different standards. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. 7 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 8 of 27 ■ Existing and future land uses in the vicinity of the subject property consist of detached single-family residences in the SR-1/VLDR zone. The height of the proposed solar array will be 14 feet at its highest point. Fourteen feet is the near vertical position of the proposed array’s tracking system and it will rarely be in this position. For most of the day, the array would be approximately 12 feet high. The array will be located 25’ adjacent to the undeveloped Kittyhawk Drive right-of-way. To the south within eighty feet of the proposed array lies Mud Creek, a seasonal drainage on land zoned RC (Resource Conservation). Although visible from adjacent residences, the size and location of the array means it will not dominate the view or tower above adjacent uses or properties. The existing 6’ fence, 25’ setback from the fence, and numerous mature conifers and dense foliage to the east, south, and north (side, rear, and front of the property, respectively) and the intervening on-site residence to the west will help screen the proposed array from public views. The trees along the property line will be taller than the proposed solar array at maximum height. The size, design, and operating characteristics of the proposed solar array are compatible with the existing and future land uses near the subject property and align with the intent and purpose of the VLDR (Very Low Density Residential) zoning designation given the size and location of the proposed array and the screening function of the foliage, trees, fences and distance to property line. The proposed array is a Tier 1, Minor Utility used to power on-site primary or accessory uses (residential). Tier 1 allows for up to ½ acre of total solar on the applicably zoned parcel, i.e. VLDR. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed array’s maximum height of 14 feet, with 25-foot interior side setback to the west, will not be detrimental to the public health, safety, and welfare of the County. A building permit is required for construction of the solar array, which will ensure it will adhere to building safety standards in the California Building Code. People living near the proposed solar facility would not be exposed to significant levels of radio-frequency (RF) emissions from the solar panels. The nearest onsite residential dwelling to the proposed solar facility is approximately 12 feet. According to researchers at the Brookhaven National Laboratory, regardless of the specific technology, photovoltaics generate significantly fewer harmful air emissions (at least 89%) per kilowatt-hour (KWh) than conventional fossil fuel fired technologies (Vasilis, 2008). D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. 4047 Spyglass Road, accessed from Garner Lane, is adequately served by existing or proposed services and infrastructure necessary to support the solar array. The proposed array will be accessory and incidental to the primary residential use of the property. No additional public services or infrastructure required. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the of the subject property. 8 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 9 of 27 ■ The current homeowner inherited an existing “leased” solar system with the home. Because of the nature of the lease, he cannot move or alter the original system. Currently it meets less than half of his utility consumption. The leased system covers the entire backside of the home leaving no other options for installing panels on his roof. The layout of the back yard with all of the trees at the property line leaves no options for a standard 8’ ground array. The tracker system, located on the side of the home where he has an undeveloped County right-of-way between him and the neighbor is, according to the installer, “the best site”. The layout of the home also limits any additional solar on the roof. The remainder of the “open” roof space faces north and is more visible (and substantially less productive) than the proposed tracker system would be; the west rooftop exposure and remaining south rooftop exposure all have dormers which limit placement of additional panels due to fire code requirements for rooftop access. The array will be at the maximum vertical height of 14 feet for a very limited time of the day (if at all) as it constantly moves to track the sun. It will be in a predominately-horizontal position at an estimated height of 12 feet or less as the sun goes overhead. The size, shape and other physical characteristics (including setback distance, and tree cover/fence screening) of the subject property are adequate to ensure compatibility of the proposed solar array with the existing and future land uses in the vicinity of the subject property. The proposed height increase is compatible with the allowed accessory structures described in Table 24-156-1 and the standards of §24-157 including the Tier 1 (Minor Utility) designation and should not change current or future land uses on or adjacent to the subject property. The solar array is consistent with development standards in the SR-1/VLDR (Suburban Residential – one-acre minimum/Very Low Density Residential) zone district. III. Approves Minor Use Permit MUP16-0013 for the Greg Schneringer, subject to the findings and conditions in Exhibit “A” A. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards and Article 31, Minor Use Permits. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. 9 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 10 of 27 ■ ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION December 8, 2016 DATE OF APPROVAL MUP16-0013 PERMIT NO. 047-670-030 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Greg Schneringer is hereby granted a Minor Use Permit a 294 square foot solar array 14 feet in height, not less than 25 feet from the northwestern property line at 4047 Spyglass Road, Chico: 1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit shall be ten days following the action of the Planning Commission, unless appealed or called up for review. Permits or other approvals may be issued only upon or following the effective date, provided no appeal has been filed. 2. This approval shall expire and become void if not exercised within two years from the date of approval, except where an extension of time is approved as provided in Butte County Code §24-247. 3. The terms and conditions of this Minor Use Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permitee, provided the use has not been abandoned. 4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code §24-251. 5. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Planning Commission upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 6. The applicant shall comply with all applicable federal, State and local statues and regulations. 10 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 11 of 27 ■ Conditions of Approval: 1. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. 2. Prior to any construction, secure building permits from the Building Division of the Department of Development Services. County Counsel 3. If this entire matter or any finding, action or condition of this matter is appealed to the Board of Supervisors, the applicants or any other developer/operator other than the applicants agree 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 Minor Use Permit, and that I agree to abide fully by said conditions. Date: ______________________ ________________________________________________ Applicant 11 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 12 of 27 ■ ATTACHMENT C AERIAL 12 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 13 of 27 ■ ATTACHMENT D ARRAY AND SITE LAYOUT MAP 13 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 14 of 27 ■ ATTACHMENT E: PHOTOS Here is a visual for what it would look like… This array sits currently at about a 10’ height at the peak… Here is another picture for additional perspective with a person for reference… This is approximately 12’ – 13’ as it is nearly vertical. 14 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 15 of 27 ■ The above photo submitted by a concerned neighbor as an example of what the proposed array might look like. 15 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 16 of 27 ■ Site Photo 1. Front of house along Spyglass, stop sign middle left is at Kittyhawk Intersection. 16 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 17 of 27 ■ Site Photo 2. Looking south to Mud Creek, Kittyhawk ROW (undeveloped) is behind the guard rail and the proposed array would be behind the fence on the right, note row of three tall trees in the back yard that reportedly obstructs the sun enough to shade a standard 8’ high ground mount. 17 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 18 of 27 ■ Site Photo 3. Existing solar roof-mount array, looking over the fence at approximate location of proposed array. 18 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 19 of 27 ■ Site Photo 4. Looking north at the property from the rear (Mud Creek side). 19 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 20 of 27 ■ Site Photo 5. Approximate location of the proposed array. 20 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 21 of 27 ■ Site Photo 6. Trees in the rear that would otherwise obstruct sun from aan 8’ ground mount. 21 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 22 of 27 ■ Site Photo 7. Neighbor directly across proposed location (with 80’ intervening ROW). 22 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 23 of 27 ■ ATTACHMENT F: Comments #1-11 (emailed) 1. Dear Tristan, I appreciate the time you spent with me on the phone earlier in regard to the issue of Greg Schneringer on Spyglass Road wanting to install 14 ft. solar panels on his property and needing special permission to do so because the panels are 6 ft taller than the current law allows. As I mentioned in our previous phone conversation, my husband and I are opposed to this request to allow 14 ft. solar panels. This height is 8 ft higher than the fence line and will be a huge eyesore in our lovely neighborhood. And while solar is a very good way to reduce electric bills and it is proper to allow panels to be installed on one's property, this request for 14 ft panels in an established and beautiful neighborhood is much too far reaching in regard to aesthetics. These panels will be an eyesore and thus, we must ask each person who will be deciding the on this request this one question: Would you appreciate living next to a property which has solar panels that are 14 ft. high and at least 8 ft of the panels are above the height of the fence and very visible to all adjoining neighbors and beyond? Where is one's sense of aesthetics and privacy in this equation? Please consider the lovely neighborhood in which this request is being made. Also consider the fact that solar panels of the appropriate height of 8 ft already exist on the property in question. How many solar panels should be allowed on one's property in a development as opposed to a rural piece of property devoid of adjacent homes? We trust the deciding person/group will consider the fact the property in question already has ample solar panels and this request to allow 14 ft. panels needs to be 23 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 24 of 27 ■ denied!! It is over reaching the current use height allowed "by right" in the zone by 6 ft. Please consider the other property owners in this development and help us sustain the beautiful neighborhood in which we live and pay handsome taxes to Butte County each year. Thank you for your consideration to have this permit denied. Sincerely, Brent and Diana Bills 4073 Spyglass Rd. Chico, CA 95973 342-1359 2. Dear Tristan, Below you will see a photo of 14 ft high solar panels that are in a yard north off Garner Rd in Autumn Park. I truly believe that this photo needs to be shown to the people who will make the decision on the permit request for such panels at 4047 Spyglass Rd. It truly says it all about the concerns our neighborhood has about the aesthetic element. We have a beautiful neighborhood and we want it to stay beautiful. These panels are hideous and do not enhance an area, rather they are totally ugly and are atheistically offensive! They look like huge billboards! Such an eyesore. Please share this photo with the people who will make the decision on the permit request at 4047 Spyglass Rd. My neighbors will appreciate you doing so!! Sincerely, Diana Bills 3. November 14, 2017 Re: 4047 Spyglass Road Minor Use Permit for 14Ft Solar Panels To: Tristan Weems We are contacting you regarding the proposed solar project at 4047 Spyglass Road in Chico. We live directly west at 4061 Spyglass. My wife and I walk daily on the levee, as do many of our neighbors and frequently pass the back yard of 4047. We really do not relish the thought of 24 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 25 of 27 ■ looking at a 14 foot tall array of solar panels, on a daily basis. For many, the access to the levee is the Kittyhawk entrance. This solar array would be directly next to this access causing an unsightly appearance as you are beginning and ending your walk. We are all for property rights for homeowners, but this is above and beyond. We are curious why they need to exceed the normal eight foot height limits. It’s also none of our business, but they already have rooftop solar that was installed by the previous owner. Is it not adequate? Most of the residents of our neighborhood choose to live there in a rural, country type setting. We did not envision living next to or around an eye sore such as a massive 14 foot solar array. Please do not allow this permit. Thank you for your time and allowing us to voice our concerns. Sincerely, Todd and Susan Priddy 4061 Spyglass Road Chico, CA 95973 530-518-9610 4. Dear Mr. Snelling and Mr. Weems, I am writing to oppose the "minor" use permit for Greg Schneringer of 4047 Spyglass Road. Our neighborhood was developed around the natural environmental beauty and all residents are encouraged to preserve that. We have wide, ranging country roads that encourage foot traffic, nature walks and slow driving. While solar panels are a fact of life these days, in NO WAY are 14 foot high solar panels an acceptable component of that. There is no reasonable excuse for placing a system that would obviously be in the viewshed for those around the property, and from the Mud Creek levee. This is not an industrial zone and the long-term residents of the neighborhood strongly oppose making it into one! Please consider our opposition to the height variance and refuse the applicant's request for a ridiculously high system that would negatively impact the neighbors. Keeping to the allowable 8' height is reasonable and acceptable. Anything higher is not. Also, please remember, as it is sometimes overlooked, that these parcels are also subject to the North Chico Specific Plan, which may have an impact on the application as well. Thank you for your time and consideration. If you would, please reply acknowledging your timely receipt of this letter of opposition. Sincerely, Desta Dunlap 4022 Spyglass Road 530-343-1953 5. Tristan, Today I was informed of this permit request from a neighbor who lives 2 houses from 4047 Spyglass Road. Our home is located 4 houses from 4047 Spyglass. Why were we not notified directly by the 25 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 26 of 27 ■ county of this permit request? It sounds like these plans would directly equally affect my neighborhood’s appearance and property value. I would object to this homeowners request if these solar panels are at all visible from the front of his house or from the street. Many of our homes on Spyglass have solar panels. We have all made conscious efforts to be considerate of our own and neighbors interest as to the placement of our solar panels. 4047 Spyglass Road is south facing with an acre lot just like our home. There should be many options for him to find a place on his acre to suit his solar needs that is not visible from the street, therefore, having no impact on the general appearance of our neighborhood. Thank you, Frank and Jeannie Norton 4101 Spyglass Road Chico CA 95973 530-343-2170 530-321-8780 Jeannie 6. Dear Mr. Weems, I live at 4023 Spyglass Rd. I am opposed to the granting of a use permit for 4047 Spyglass road. The solar panels will be blight in an otherwise lovely neighborhood. All of my neighbors are in conformance of existing County ordinances. To grant this variance is wrong and will diminish the value of my home and my enjoyment of the rural environment. Sincerely, Dr. William Mcguire Sent from my Verizon, Samsung Galaxy smartphone 7. Tristan..... Wow, what a switch in time. Please keep me on the mailing list as I mentioned I will continue as the advocate for Spyglass Rd on the issue of solar panels above 8 ft in height. Sincerely, Diana Bills 342-1259 8. Good afternoon Tristan, 26 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 27 of 27 ■ Thank you very much for your reply. There are more letters of opposition coming. Are you aware of WHY this new resident in the area is looking to put his solar up like a spinning billboard? The prior residents (both families, since the neighborhood was constructed) had solar, I believe, and conformed to the code. What is the applicant's justification for this odd, out of bounds request? Really curious... Thanks much, Desta 9. Dear Tristan, Thank you for making sure that photo I sent to you is seen by the people who will decide the outcome of the permit request to have 14ft panels in the yard at 4047 Spyglass Rd. I trust you are receiving emails from other Spyglass home owners who are not in favor of granting the permit request. If the original letter from the county had been sent to all home owners on Spyglass, there would have been far more letters sent to the county for consideration of this issue. If I have the count correct, letters were only sent to four or five people on Spyglass who live the closest to the home in question. And while a permit grant will surely impact the closest neighbors, the permit grant will really impact the entire neighborhood; I understand there are regulations that determine the receipt of notifications within a specified distance from the property of concern. A grant permit for 14ft solar panels will open the door for others in the county with no sense of beautyto install such hideous and unsightly solar panels in their neighborhoods. I have no idea why the county would even consider such tall solar panels in a residential neighborhood. Such panels belong on a lone ranch out in the sticks where aesthetics are not a priority. Thanks for your time in assisting the homeowners on Spyglass Rd in collecting our emails of concern and showing the letter and the photo of the 14th solar panels to the appropriate people. I will continue to be the advocate for our neighborhood in regard to 14th solar panels/solar panels over 8 ft, so please put me on any and all notifications regarding requested permits for such variances on Spyglass Rd. Chico, CA Thank you,Tristan, for your kindness. Sincerely, Diana Bills 4073 Spyglass Rd. Chico, CA 95973 342-1359 muzkmom3@gmail.com 10. 27 ■ Butte County Department of Development Services ■ ■ December 8, 2016 ■ Schneringer MUP16-0013 ■ Page 28 of 27 ■ Dear Mr Weems, My name is Marion English and I live at 4034 Spyglass Road, Chico. My house is almost opposite the house in question above. This news has just come to my attention and I felt it of utmost importance that I contact you to express my horror of this proposal. It will be an eyesore to our neighbourhood and trying to understand why they should need so many solar panels for a domestic home. I will be looking at these panels every day unlike the owners of this property; I wonder how they would feel if their neighbour across the road had a similar proposal???? I think they would be upset! Has anyone from your Planning Deprartment been down our street to see first hand where these solar panels are to be installed? I suggest you do this soon if you have not done so already. Please take note of the neighbours of Spyglass and their concerns seriously. Sincerely, Marion English (A very concerned resident) 11. Thank you, Tristan. The location of the array in the diagram is VERY far from any trees, but IS very visible beyond the fence between his property and the path all the pedestrians take to get to the levee. Depending upon the type of panel, it could also generate glare and danger for the intersection that it would face. These are certainly not minor considerations. This makes me even more opposed, given that the tree/shade argument is completely invalid, and the high visibility from 3 sides. Please add these comments to my previous letter of opposition. Thank you, Desta Dunlap 28