HEARING DATE: August 18, 2016 TIME: 9:30 A.M.

TO: Zoning Administrator

FROM: Development Review Committee

DATE: August 18, 2016

SUBJECT: Robison/Eden Roc Subdivision Modification (PLN16–00233)

COMMUNITY PLAN AREA: Granite Bay Community Plan

GENERAL PLAN DESIGNATION: Rural Residential, 2.3 to 4.6 acre minimum

ZONING: RA-B-X-20 AC MIN. PD = 0.44 (Residential Agricultural, minimum Building Site of 20 acres combining Planned Residential Development of 0.44 units per acre)

ASSESSOR’S PARCEL NUMBER: 036-250-016-000

STAFF PLANNER: Christopher Schmidt, Senior Planner

LOCATION: 9130 Eden Oak Circle, Granite Bay

APPLICANT: Tim Snipes Construction Inc.

OWNER: John Robison

PROPOSAL: The applicant, Tim Snipes Construction on behalf of property owner John Robison, is requesting approval of a modification of SUB-226/CUP-1286, Eden Roc subdivision, to allow for construction of a garage addition with a 10 foot front yard setback, where typically a 25-foot setback is required. The proposed addition is 35 feet by 39 feet (1,365 square feet). Condition of Approval No. 21

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of CUP-1286 includes the requirement of 25 foot front setbacks. This condition would need to be modified to allow a 10-foot setback from the property line for this proposed new structure.

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: The Eden Roc Planned Residential Development was originally approved by the Planning Commission on July 27, 1989. A Negative Declaration (EIAQ-2587) was approved for the project at that time. Eden Roc consists of 32 single-family residential lots on 76.75 acres. Lots range in size from 1 to 3.1 acres with 15.35 acres of common area open space. The Final Map for the project was recorded on August 13, 1990. A resolution abandoning a Scenic Easement on the subject parcel was abandoned by County Resolution on November 5, 2013 as it was deemed “no longer necessary for present or prospective public use.”

Improvements on the lot include a 6,366 square foot residence, 1,833 square foot six-car garage, 1,190 square foot porch, two circular driveways, backyard patio, outdoor kitchen, landscaping, and swimming pool with pirate ship.

The Eden Roc Homeowners Association provided a letter dated February 18, 2016. The Association Board of Directors recommended approval of the requested reduced setback to 10 feet. The South Placer Fire District provided a letter dated July 7, 2016 supporting the reduced setback.

Pursuant to the County’s Planned Residential Development regulations (Placer County Code Section 17.54.090, PD Permit Processing and Requirements), changes to lot coverage, height, and setback standards may be processed by the Zoning Administrator as a CUP modification if such changes meet all of the following criteria:

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• The change affects no more than four lots in the PD; • Such a modification does not result in a larger structure than could

otherwise be constructed in the basic zone district wherein the property is located or as allowed under the PD regulations, whichever is least restrictive;

• The proposed structure does not violate any applicable CC&Rs; and, • The required findings for approval of a use permit are made.

ANALYSIS: Staff conducted a field review of the project site on July 13, 2016. The subject property is Lot 29 of the Eden Roc subdivision located at 9130 Eden Oak Circle in Granite Bay. The lot is 1.73 acres and is zoned RA-B-X-20 AC MIN. PD = 0.44 (Residential Agricultural, minimum Building Site of 20 acres combining Planned Residential Development of 0.44 units per acre). It is designated Rural Residential, 2.3 to 4.6 acre minimum in the Granite Bay Community Plan.

The subject site is a corner lot with the front of the existing house angled and facing to the northeast and Eden Roc Circle. The existing garage is angled in a southwesterly direction from the main house and fronts Hummingbird Lane. Hummingbird Lane is a private road with a 40’ right-of-way. There is one existing residence served by Hummingbird Lane, 9160 Hummingbird Lane, a six-acre parcel south of the Eden Roc subdivision.

Planning staff found that the lot slopes upward from Eden Roc Circle and then flattens out where the house and rear yard are located on the central portion of the site. The existing garage faces Hummingbird Lane. Hummingbird Lane is a narrow road that provides access to a six-acre parcel that contains one single-family residence. Future widening of this road is unlikely.

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Figure 1: Site Plan (not to scale)

The proposed location of the garage addition is the most logical choice because of the existing driveway and garage location, the siting of the house and other improvements, and the limited developable area on the lot. No tree removal is required for the new construction.

Based on staff’s review, the addition is appropriate in size and scale for the lot and will enhance the property and not detract from or impact the neighborhood. The reduced front setback will not permit a use not permitted in this zoning district or diminish property values in the area.

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

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RECOMMENDATION:

Staff recommends approval of the request for a Conditional Use Permit Modification to allow for the construction of a garage addition to be located 10 feet from the property line where 25 feet would normally be required.

FINDINGS: CEQA:

1. 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).

MODIFICATION OF CONDITIONAL USE PERMIT: 1. The proposed project is consistent with all applicable provisions of Placer

County Zoning Ordinance.

2. The proposed project is consistent with all applicable goals and policies of the Granite Bay Community Plan and the Placer County General Plan.

3. The establishment, maintenance or operation of the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of people residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the County.

4. The proposed project will be consistent with the character of the immediate neighborhood and will not be contrary to its orderly development.

5. The proposed project will not generate a volume of traffic beyond the design capacity of all roads providing access to the project.

CONDITIONS OF APPROVAL: 1. This approval allows for the construction of a garage addition on Lot 29 with a

10 foot front setback along Hummingbird Lane. All of the original conditions of approval for CUP-1286 remain as approved, with the exception of the

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modification to #21. Approval of the modification to CUP-1286 for Lot 29 will require that Condition 29 be amended to read as follows (new language in bold):

Condition #21: All lots shall have front setbacks of 25’, 10’ sides, and 10’ rear except the following special provisions:

Lot 7 – 25’ front setback on Eden Roc, 0’ off Touchstone Court, if garage is perpendicular to street (otherwise, 25’);

Lot 12 – 5’ front, if garage opening is perpendicular to street (otherwise, 25’);

Lot 19 – 5’ setback on Eden Roc Circle, 25’ setback on tangent portions of frontage;

Lot 29 – 10’ setback on Hummingbird Lane.

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 garage addition from the Placer County Building Department.

4. The applicant shall obtain an Encroachment Permit from the Department of Public Works and Facilities if an expanded driveway is proposed along Hummingbird Lane.

5. The applicant shall 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, claims, damages, or costs, including attorneys’ fees awarded in any proceeding brought in any State or Federal court, challenging the County's approval of that certain Project known as PLN16-00233, Robison/Eden Roc Subdivision Modification of CUP-1286 for Lot 29.

The applicant shall, upon written request of the County pay, or at the County’s option reimburse the County for, all reasonable costs for defense of any such action and preparation of an administrative record, including the County staff time, costs of transcription and duplication. The County shall retain the right to

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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 written request of the County, the applicant shall execute an agreement in a form approved by County Counsel incorporating the provisions of this condition.

5. This modification of Conditional Use Permit 1286 for Lot 29 shall expire on August 18, 2018 unless exercised prior to this date.

ATTACHMENTS:

Attachment A: Engineering and Surveying Memo Attachment B: Environmental Health Memo Attachment C: Site Plan/Parcel Map Attachment D: Eden Roc HOA Letter Attachment E: South Placer Fire District Letter Attachment F: Site Photos

cc: Engineering and Surveying Division Environmental Health Services Tim Snipes – 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: CHRISTOPHER SCHMIDT, PLANNING SERVICES DIVISION

FROM: REBECCA TABER, ENGINEERING AND SURVEYING DIVISION (ESD)

SUBJECT: PLN16-00233: SIDE S/B; ROBISON GARAGE SUBDIVISION MODIFICATION VARIANCE; 9130 EDEN OAK CIRCLE, GRANITE BAY; JOHN ROBISON; (APN: 036-250-016-000)

DATE: JULY 29, 2016

The applicant is requesting a variance to allow for a reduction of the side setback from 25 feet to 10 feet to accommodate a garage addition. The roads this property fronts, Eden Oak Circle and Hummingbird Lane, are both privately maintained roadways. The Engineering and Surveying Division (ESD) supports the Development Review Committee’s recommendation of the Variance application and has no comments or conditions.

Attachment A

3091 County Center Drive, #180, Auburn, CA 95603 wnicks@placer.ca.gov 530.745.2300 www.placer.ca.gov fax 530.745.2370

MEMORANDUM OFFICE OF THE

PLACER COUNTY HEALTH AND HUMAN SERVICES Division of Environmental Health

To: Chris Schmidt, Planning Services

From: Laura Rath, REHS Land Use and Water Resources Section

Date: July 26, 2016

Subject: PLN16-00233, Robison SUB Mod, APN 036-250-016

Environmental Health Services has reviewed the above mentioned subdivision modification and has no comments or recommended conditions of approval.

Placer County Health and Human Services Department

Jeffrey S. Brown, M.P.H., M.S.W. Department Director

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Wesley G. Nicks, R.E.H.S. Environmental Health, Director

Attachment B

Attachment C

Attachment D

Attachment E

Attachment F