HEARING DATE: August 18, 2016 TIME: 9:20 A.M.

TO: Zoning Administrator

FROM: Development Review Committee

DATE: August 11, 2016

SUBJECT: PLN16-00241 – Saladin Accessory Structures Variance

GRANITE BAY COMMUNITY PLAN AREA: Rural Residential (2.3-4.6 acre min.)

ZONING: RA-B-100 (Residential Agriculture, combining a Building Site minimum of 100,000 square foot)

STAFF PLANNER: Roy Schaefer, Associate Planner

ASSESSOR’S PARCEL NUMBER: 463-010-007-000

LOCATION: 9030 Chelshire Estates Court (Lot 7 of Chelshire Downs North Subdivision), Granite Bay

OWNER/APPLICANT: Dr. Jeffrey Saladin

PROPOSAL:

The applicant is requesting a Variance to allow a new pergola (520 square foot / 12.5 ft. in height) and a pavilion (380 square foot / 20 ft. in height) to be constructed with a 15-foot front setback from a 15-foot road easement adjacent to Skyview Lane (private road), where typically a 50-foot front setback is required from the edge of easement. A Variance is also requested for the pergola (140 square foot / 12.5 ft. in height) that is proposed to be located 20 feet from the side (south) property line and the previously

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mentioned pavilion (380 square foot / 20 ft. in height) that has a setback of 28 ft. – 2 inches from the south property line, where typically 30 feet is required.

All of these residential accessory structures are part of an extensive landscaping and rear yard area enhancement plan that includes planting new trees and shrubs, a reflective pool, a lap pool, a fountain, a new lawn and gardens, an orchard, and a sports court.

CEQA COMPLIANCE:

The project is categorically exempt from environmental review pursuant to provisions of Section 15305 of the California Environmental Quality Act Guidelines and Section 18.36.070 of the Placer County Environmental Review Ordinance (Class 5(A)(1), Minor Alterations in Land Use Limitations).

BACKGROUND/ANALYSIS:

Staff conducted a field review of the project site on July 29, 2016. This 2.3 acre parcel is located at 9030 Chelshire Estates Court in Granite Bay. The subject property is zoned RA-B-100 (Residential Agriculture, combining a Building Site minimum of 100,000 square foot) and is designated Rural Residential (2.3–4.6 acre min.) in the Granite Bay Community Plan.

The parcel is currently developed with a 13,196 square foot single-family residence with a 2,496 square foot attached garage and a circular driveway that was constructed in 2010. There is only a small area behind the residence (southwest corner of lot) that is available to develop as proposed by this plan because the extremely large residence was oriented on the lot by the original owner with a 40 degree angle to Chelshire Estates Court. In addition, there is a 15-foot road easement on this property that is adjacent to Skyview Lane. This is one of two lots (7 & 8) that are currently developed with single-family residences in the gated Chelshire Downs North Subdivision.

Staff supports the approval of this Variance request to allow a reduced front setback to Skyview Lane for a pergola and a pavilion and for the pavilion and a second pergola to be constructed with a reduced side (south) setback. Special circumstances applicable to the subject property include the fact that there is

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only a small area behind the residence (southwest corner of lot) that is available to develop as proposed by this plan because the extremely large residence was oriented on the lot by the original owner with a 40 degree angle to Chelshire Estates Court. In addition, Lot 7 has two fronts, Skyview Lane and Chelshire Estates Court.

The Engineering and Surveying Division and Environmental Health Services support the recommendation of approval for the Variance request, and their memos are attached to this staff report.

RECOMMENDATION:

Staff recommends approval of this Variance request for a reduced front (Skyview Lane) and side (south) setback for the two pergolas and the pavilion, based on the following findings and subject to the recommended conditions of approval below.

FINDINGS:

CEQA:

The project is categorically exempt from environmental review pursuant to provisions of Section 15305 of the California Environmental Quality Act Guidelines and Section 18.36.070 of the Placer County Environmental Review Ordinance (Class 5(A) (1), Minor Alterations in Land Use Limitations).

VARIANCE:

1. Special circumstances applicable to the subject property include the fact that there is only a small area behind the residence (southwest corner of lot) that is available to develop as proposed by this plan because the extremely large residence was oriented on the lot by the original owner with a 40 degree angle to Chelshire Estates Court. In addition, Lot 7 has two fronts, Skyview Lane and Chelshire Estates Court. Due to such circumstances the strict application of the Zoning Ordinance has been found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications.

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2. The granting of this Variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same zone district.

3. The Variance does not authorize a use that is not otherwise allowed in the Residential Agricultural Zone District.

4. The granting of this Variance does not, under the circumstances and conditions applied in this particular case, adversely affect public health or safety, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

5. The Variance is consistent with the Granite Bay Community Plan and Placer County General Plan.

CONDITIONS OF APPROVAL:

1. Approval of this Variance allows a new pergola (520 square foot / 12.5 ft. in height) and a pavilion (380 square foot / 20 ft. in height) to be constructed with a 15-foot front setback from a 15-foot road easement adjacent to Skyview Lane, where typically a 50-foot front setback is required from the edge of easement. A Variance is also approved for the pergola (140 square foot / 12.5 ft. in height) that is to be located 20 feet from the side (south) property line and for the previously mentioned pavilion (380 square foot / 20 ft. in height) that has a setback of 28 ft. – 2 inches from the south property line, where typically 30 feet is required.

2. The applicant shall satisfy any conditions set forth by the South Placer Fire Protection District.

3. The applicant shall obtain a Building Permit for the new landscaping and residential accessory structures (pavilion & pergolas etc.) from the Placer County Building Department.

4. The applicant shall, upon written request of the County, defend, indemnify, and hold harmless the County of Placer, the County Board of Supervisors, and its officers, agents, and employees, from any and all actions, lawsuits,

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claims, damages, or costs, including attorney’s fees awarded by a certain development project known as PLN16-00241, Saladin Variance. The applicant shall, upon written request of the County, pay or, at the County’s option, reimburse the County for all costs for preparation of an administrative record required for any such action, including the costs of transcription, County staff time, and duplication. The County shall retain the right to elect to appear in and defend any such action on its own behalf regardless of any tender under this provision. This indemnification obligation is intended to include, but not be limited to, actions brought by third parties to invalidate any determination made by the County under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the Project or any decisions made by the County relating to the approval of the Project. Upon request of the County, the applicant shall execute an agreement in a form approved by County Counsel incorporating the provision of this condition.

5. This Variance (PLN16-00241) shall expire on August 30, 2018 unless previously exercised.

ATTACHMENTS:

Attachment A: Engineering and Surveying Memo Attachment B: Environmental Health Memo Attachment C: Site Plan

cc: Adrian Compton – Engineering and Surveying Division Laura Rath – Environmental Health Services Dr. Jeffrey Saladin – Property Owner & Applicant

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Engineering and Surveying Division 3091 County Center Drive, Suite 120 Auburn, CA 95603 (530) 745-3110 office (530) 745-7589 fax

MEMORANDUM

TO: ROY SCHAEFER, PLANNING SERVICES DIVISION JULIE LEIPSIC, CDRA

FROM: ADRIAN COMPTON, ENGINEERING AND SURVEYING DIVISION

SUBJECT: PLN 16-00241; VARIANCE, FRONT & SIDE SETBACK; CHELSHIRE ESTATES COURT, GRANITE BAY; SALADIN; (APN: 463-010-007)

DATE: AUGUST 5, 2016

The applicant is requesting a Variance for front and side setback. The front setback at the west property line adjacent to existing Skyview Lane is requested to reduce from 50 feet from an existing roadway easement to 15 feet from the existing roadway easement and the side setback on the south is requested to reduce from 30 feet from property line to 20 feet from property line. The Engineering and Surveying Division (ESD) supports the Development Review Committee’s recommendation for this Variance with the following condition of approval:

1. This parcel lies within the County’s Phase II MS4 Permit compliance boundary and willconstruct more than 5,000 square feet of impervious surface and is, therefore, subject to the requirements of the West Placer Storm Water Quality Design Manual as a Regulated Project. Prior to Building Permit issuance, a Storm Water Quality Plan (SWQP) prepared by an appropriately qualified professional engineer licensed in the State of California shall be prepared to the satisfaction of the Engineering and Surveying Division. Best Management Practices (BMP’s) identified in the SWQP shall be shown on the plans and incorporated into the improvements constructed with this project.

Attachment A

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Sue Colbert

From: Huey NhamSent: Monday, August 08, 2016 2:49 PMTo: Julie LeipsicCc: Andrew Darrow; Tony Rivers; Huey NhamSubject: RE: PLN16-00241 Saladin Variance

Hi Julie, 

No comments.  Project is currently connected to public sewer, and served by SMD 2.  Potential impacts to the existing sewer is not anticipated with the proposed improvements. 

Thanks,  

Huey S. Nham, P.E. Associate Civil Engineer Public Works and Facilities | Environmental Engineering (530) 886-4916 | (530) 886-4908 fax | HNham@placer.ca.gov 

-----Original Task----- Subject: PLN16-00241 Saladin Variance Priority: High

Start date: Mon 7/25/2016 Due date: Mon 8/8/2016

Status: Not Started % Complete: 0% Actual work: 0 hours

Requested by: Julie Leipsic

------------  << File: ZA Memo.docx >>  << File: Application.pdf >>  << File: 1.1.pdf >> 

Please find attached a new variance application.

Attachment B

Attachment C