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PLANNING COMMISSION COUNTY OF ALPINE, STATE OF CALIFORNIA AGENDA Thursday, August 27, 2020 5:00 P.M. Nick Hartzell, Chair Meeting Location: Jim Holdridge, Vice-Chair VIRTUAL MEETING ONLY Tom Sweeney Erin Kelly Bob Broyer VIRTUAL MEETING NOTICE The Planning Commission meeting of July 30, 2020 will be conducted virtually and not available for in person public participation (pursuant to State Executive Order N-29-20). The meeting will be an internet based video and phone conference. Public participation is available at the following: Website link: Phone number: [PHONE REDACTED] Zoom meeting ID: 992 4503 0554 IMPORTANT NOTICE REGARDING COVID-19 AND PARTICIPATION IN THE PLANNING COMMISSION MEETING To participate in this Alpine County Planning Commission meeting, the public are invited to observe and address the Commission telephonically or electronically. Instructions for public participation are below: Public Participation Instructions: The meeting will be conducted via teleconference using the Microsoft Zoom program, and Commissioners will attend electronically or telephonically. The meeting will have no physical location to physically attend. The public may observe the Zoom meeting via computer by clicking on the following link: or the public may listen via phone by dialing 1-[PHONE REDACTED] and then when prompted, entering the Meeting ID Access Code 992 4503 0554 You will be asked for a “Participant ID”. You do not need a Participant ID to join the meeting, press the pound key again and you will be automatically connected. 1. If a member of the public wishes to comment on a particular agenda item, the public is strongly encouraged to submit their comments in writing via email to the Community Development Department at [EMAIL REDACTED] by 2:00 p.m. on the day of the Commission meeting. 2. Applicants and members of the public wishing to comment on a specific agenda item while the matter is being heard during the meeting may participate by any of the following means: a. When the Chair calls for public comment on an agenda item, the Secretary of the Commission or his or her designee will first ascertain who wants to testify (among those who are in the meeting electronically or telephonically) and will then call on speakers and unmute their device one at a time. Public speakers including the applicant may be broadcast in audio form only. ---PAGE BREAK--- b. If speakers or other members of the public have documents they wish to distribute to the Commission for an agenda item, they are encouraged to submit such documents by 2:00 p.m. the date of the meeting to: [EMAIL REDACTED]. To assist staff in identifying the agenda item to which the comment relates, the public is requested to indicate the Planning Commission date and agenda number in the subject line. c. While the matter is being heard, a member of the public may submit a comment via email, preferably limited to 250 words or less, to the Secretary of the Commission at [EMAIL REDACTED]. To assist staff in identifying the agenda item to which the comment relates, the public is requested to indicate the Planning Commission date and agenda number in the subject line. If the comment is received prior to close of public comment on an agenda item, every effort will be made to read the comment into the record, but some comments may not be read out loud due to time limitations or length of the comment (if the comment exceeds 250 words). Comments received prior to the close of the public comment period on an agenda item will be made part of the record for that item. 3. Members of the public who wish to make a general public comment for items not on the day’s agenda may submit their comment via email, preferably limited to 250 words or less, to [EMAIL REDACTED]. The Planning Commission date and “general comment” should be indicated in the subject line. The comment will be placed in the record for the meeting, and every effort will be made to read the comment into the record at the appropriate time on the agenda. 4. Individuals with disabilities who desire to request a reasonable accommodation or modification to observe or participate in the meeting may make such request by sending an email to [EMAIL REDACTED]. The request should be made no later than noon the day of the meeting in order to provide time for County to address the request. 4. The Chair may set reasonable rules as needed to conduct the meeting in an orderly manner. The Planning Commission welcomes you to its meetings, which are regularly scheduled for the last Thursday of each month. Your participation and interest are encouraged and appreciated. All members of the public are encouraged to participate in the discussion on any items on the agenda at the time the items come up for Commission consideration. Speakers are requested to identify themselves before speaking. Whenever possible, testimony should be presented to the Commission in writing and only pertinent points presented. All proceedings are conducted on English. The Commission is committed to makings its proceedings accessible to all citizens. Individuals with special needs may call [PHONE REDACTED]. All inquiries must be made at least 48 hours prior to the meeting. So far as practical, unless otherwise altered by the Chair of the Commission, the order of business for the Commission meeting is as follows. Please note that designated times are for that particular item only. 1. CALL TO ORDER 2. ORAL COMMUNICATION – GENERAL PUBLIC COMMENT ---PAGE BREAK--- Any person may make comments during the Oral Communication – General Public Comment period on items of interest, within the subject matter jurisdiction of the Commission, that are not listed on the posted agenda. No action will be taken on any oral communication item. All oral communications must be directed to the Commission as a whole, not to individual Commission members and not to the audience. 3. MINUTES 3.1. Request approval of regular meeting minutes of July 30, 2020 4. UNFINISHED BUSINESS None 5. NEW BUSINESS None 6. PUBLIC HEARINGS 151 Toll Gate Rd Front Yard Setback Variance (5:15 pm) Review and possible action to approve a yard setback variance application to allow the construction of a 300 sq ft accessory use generator shed located at 151 Toll Gate Rd in Bear Valley, CA. The variance would allow the proposed shed to be located 10 feet from the north property boundary within the required 30 foot front yard setback of County Code 18.36.040 E 1. Applicant: Tim Schimke APN: 005 262 014 7. OTHER BUSINESS 7.1. Planner’s report 7.2. Items initiated by Commissioners 8. ADJOURNMENT The Commission will adjourn to the next regular meeting with the meeting date, time and location to be determined. ---PAGE BREAK--- PLANNING COMMISSION COUNTY OF ALPINE, STATE OF CALIFORNIA Administration Building, Board Chambers 99 Water Street, Markleeville, CA 96120 MINUTES Thursday July 30, 2020 1. CALL TO ORDER Chair Nick Hartzell called the meeting to order at 5:04 p.m. with Commissioners Nick Hartzell, Jim Holdridge Bob Broyer, Tom Sweeney and Erin Kelly. A quorum was established. 2. ORAL COMMUNICATION – GENERAL PUBLIC COMMENT 3. MINUTES 3.1. Request approval of regular meeting minutes of June 25, 2020 MOTION: Sweeney /Second: Broyer approving the regular meeting minutes of June 25, 2020 meeting minutes with corrections stating Bob Boyer was at the start of the meeting and spelling errors Roll Call votes were as follows: Commissioner Hartzell; AYE Commissioner Holdridge; AYE Commissioner Sweeney; AYE Commissioner Broyer; AYE Commissioner Kelly; ABSTAIN 4. UNFINISHED BUSINESS 4.1. Revision to the Safety Element of the Alpine County General – Review and possible recommendation to the Board of Supervisors of the Safety Element, a mandatory element of the Alpine County General Plan. It establishes goals, policies and implementation measures intended to avoid or minimize injury and protect property by reducing the exposure of the community to the following hazards: wildland fire; geologic hazards; floods; noise, and; hazardous materials. Applicant: Alpine County Community Development Department ---PAGE BREAK--- MOTION: Kelly /Second: Holdridge that the Planning Commission recommend adoption the revised Safety Element Board of Supervisors with the following findings listed below. The Commission should clearly state its specific recommendation for Implementation Measure 20D-1. Findings: 1. The proposed amendments are in conformance with the General Plan Requirements of State Code Section 65300 in that the General Plan will continue to contain all of the required elements and is internally consistent. 2. The proposed amendments are consistent with all other elements of the Alpine County General Plan and any applicable specific plans (master plans) adopted within the County. 3. The proposed amendments will be in harmony with the County Zoning Ordinance and all other applicable County ordinances. 4. The proposed amendments will promote the health, safety, peace, morals and general welfare of the County and its people. Roll Call votes were as follows: Commissioner Hartzell; NO Commissioner Holdridge; AYE Commissioner Sweeney; AYE Commissioner Broyer; NO Commissioner Kelly; AYE Motion Carries 5. NEW BUSINESS None 6. PUBLIC HEARINGS 6.1. Revision of residential short term rental regulations of County Code 18.73 (5:15pm) – Review and possible recommendation to the Board of Supervisors of a revision to the text of County Code 18.73, residential short term rental regulations. The proposed revision would create new limits on the number of uses allowed and update operational standards, and penalties for violations. Applicant: Community Development Department Zach Wood introduced the staff memo ---PAGE BREAK--- Public hearing open 6:32 p.m. Michael Barton commended the addition of the licensing, the enforcement and using an independent company to manage the host compliance. Barton mentions it important to look at the number of units in one neighborhood. Barbara Barton applauded the requirement of licensing idea and asked if there are any fees associated with licensing and would there be an inspection required when license are provided? Rich Harvey addressed the issues as we convert residential areas into short term rental we lose long term residents we lost volunteers in the community. Bob Twiss stated he liked the licensing idea and an efficient way to shut down short term rentals that are not in compliance. Mark Schwartz commented that the full time residents thoughts need to be considered, they are the people keeping the county running. Public Hearing Closed at 6:49 p.m. Planning Commission deliberation: The Commission discussed but did not recommend limits for short term rental use. The consensus of the Commission was that limits on short term rental use were considered but not agreed upon and the Board of Supervisors may decide to implement limits. MOTION: Kelly /Second: Holdridge to approve the short term rental ordinance revisions of Attachment 1 with the findings consistent with County Code 18.84.040 A: a. The proposed zoning revision conforms to the General Plan Land Use Element which allows for home occupations in Residential land use designations which do not create a hazard, public nuisance, or detract from single family residential neighborhoods. The recommended revision to the ordinance increases standards for operation and requires licensing of short term rental to increase enforcement capabilities and reduce the possible public nuisance of short term rental use. b. The proposed zoning revision is in harmony with the zoning Residential land uses and land uses which allow residential dwellings as use by right. The proposed revision is consistent with other ordinances including CC 18.68. 090, noise; CC 6.04, animal control; and CC 8.16, outdoor fires ---PAGE BREAK--- c. The proposed zoning revision will not otherwise be detrimental o health, safety, peace, morals, and general welfare of the County or its people; and Adoption of the a Notice of Exemption (Attachment 6) for the zoning revision in conformance with the requirements of the California Environmental Quality Act (CEQA). Roll Call votes were as follows: Commissioner Hartzell; AYE Commissioner Holdridge; AYE Commissioner Sweeney; AYE Commissioner Broyer; AYE Commissioner Kelly; AYE Motion Carries MOTION: Holdridge /Second: to accept the new requirements for licensing short term rentals provided as Attachment 2 Roll Call votes were as follows: Commissioner Hartzell; AYE Commissioner Holdridge; AYE Commissioner Sweeney; AYE Commissioner Broyer; AYE Commissioner Kelly; AYE Motion Carries 7. OTHER BUSINESS 7.1. Director’s Report Zach Wood noted that Debbie Burkett, Community Development Director, would not be available to attend Planning Commission meetings but that Department information and updates can be provided during the traditional Item 7.1 as a different title. 7.2. Items initiated by Commissioners ---PAGE BREAK--- 8. ADJOURNMENT The Commission will adjourn to the next regular meeting of August 27. Nick Hartzell, Chair Attest: Carey Umbdenstock, Administrative Assistant II Alpine County Community Development ---PAGE BREAK--- 1 151 Toll Gate VAR Staff Report STAFF REPORT August 27, 2020 TO: Planning Commission FROM: Zach Wood, Planner III DATE: August 24, 2020 SUBJECT: 151 Toll Gate Rd Front Yard Setback Variance – Review and possible action to approve a yard setback variance application to allow the construction of a 300 sq. ft. accessory use generator shed located at 151 Toll Gate Rd in Bear Valley, CA. The variance would allow the proposed shed to be located 10 feet from the north property boundary within the required 30 foot front yard setback of County Code 18.36.040 E 1. Applicant: Tim Schimke APN: 005 262 014 RECOMMENDATION Approval SITUATION A. Applicant Tim Schimke 151 Toll Gate Rd Bear Valley, CA 95223 B. Background Location: 151 Toll Gate Bear Valley, CA, 96120 General Plan Designation: Planned Development (PD) Zoning: Residential Neighborhood (RN) Environmental Processing: Categorical Exemption C. Project description The applicant is requesting a variance to the front yard setback requirements of County Code 18.36.040 for the construction of a new 300 sq. ft. accessory use generator shed. The requested variance would allow the shed to be located up to 10 feet from the ---PAGE BREAK--- 2 151 Toll Gate VAR Staff Report property frontage with Toll Gate Rd. The application and site plan are included as Attachment 1. The subject lot is approximately 240 feet wide and 155 feet deep on the east boundary. Because the lot is triangle shaped approximately 90 feet of the western portion of the lots is within the setback. The property is improved with an existing residence on the northwest portion of the lot. The property is gently sloping to the south, mature tamarack pine forest, and exposed granite bedrock and boulders. D. Criteria for Decision The application requires variance for side and rear yard setbacks required by County Code 18.32.040 E & F. Section 18.80.015 of the County zoning ordinance establishes the following criteria for the approval of a variance: A. That 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. B. That the granting of the variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity. C. That granting of such variances shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such is located. E. Issues & Staff Analysis Shape of the property and constraints: The property was created by the original Bear Valley subdivision map filed in 1955, predating the modern zoning ordinances. The subject lot is triangular shaped with a limited building area due to the required setbacks of CC 18.36. The proposed location of the shed avoids conflict with existing boulders, parking, and a green house. The proposed location meets the minimum rear property setback of 20 feet. The triangular shape of the property is a special circumstance which justifies the setback variance. Storage shed use in residential zones: There are existing detached garage and storage uses within the Bear Valley Old Subdivision. The variance application is the minimum action to allow the same use which is enjoyed by other properties in the same neighborhood and zoning designation. Granting the variance does not constitute a grant of special privilege inconsistent with the property in the vicinity or in the RN zone where storage sheds are a popular accessory use. ---PAGE BREAK--- 3 151 Toll Gate VAR Staff Report Separation from property boundaries and adjacent structures: The purpose of the building setback requirements is to provide sufficient separation between structures for fire protection. The shed is approximately 80 feet from the existing residence on the subject property. The shed would be approximately 100 feet from the nearest dwelling unit located to the southwest at 31 Station House Rd and 200 feet from the nearest neighboring residence on Toll Gate Rd. The proposed location is the minimum intrusion into the setback which allows for the shed use and adequate separation between structures. The variance would result in development which is in harmony with the intent and purpose of the zoning and will not be materially detrimental to public health, safety, or welfare. ENVIRONMENTAL REVIEW The project is categorically exempt from CEQA pursuant to Section 15303(E) the CEQA Guidelines - Class 3, New Construction or Conversion of Small Structures. A notice of exemption is included as Attachment 2. RECOMMENDED CONDITIONS None PUBLIC NOTIFICATION Notice of the public hearing was mailed to the owners of adjacent property located within 300 feet. One comment letter was as of the date of this report (Attachment ALTERNATE ACTIONS 1. Deny the application with specific findings addressing the criteria for decision listed in this report. 2. Continue the public hearing pending consideration of additional information necessary to make a decision. RECOMMENDATION 1. Approval of the rear and side yard setback variance with the following findings: a. The triangular shape of the property is a special circumstance which justifies the setback variance. The location of existing improvements and natural features are constraints which limit the area available for structures which meet the setback requirement. b. Granting the front yard setback variance will result in development and use of land which is in harmony with the general intent and purpose of ---PAGE BREAK--- ---PAGE BREAK--- Attachment 1 Application materials ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- 3068 3068 6080 OHD GENERATOR AREA GREEN HOUSE 20'-0" 10'-0" 5'-0" 5'-0" 15'-4" 2'-8" 2'-8" 10'-0" AURORA 25KW DIESEL GENERATOR STORAGE AREA LEXAN PANELS 110-GAL. DIESEL FUEL TANK ---PAGE BREAK--- 14'-0 3/4" 12 6 12 6 12 6 12 6 8'-0 3/4" ---PAGE BREAK--- Attachment 2 Notice of Categorical Exemption ---PAGE BREAK--- ALPINE COUNTY Community Development Department 50 Diamond Valley Rd, Markleeville, CA 96120 Tel [PHONE REDACTED] Fax [PHONE REDACTED] NOTICE OF EXEMPTION 1. APPLICANT: Tim Schimke 151 Toll Gate Rd Bear Valley, CA 95223 3. PHONE NUMBER: [PHONE REDACTED] 4. LEAD AGENCY: Alpine County, California 5. PROJECT TITLE: 151 Toll Gate Rd Front Yard Setback Variance 6. DESCRIPTION: Review and possible action to approve a yard setback variance application to allow the construction of a 300 sq ft accessory use generator shed located at 151 Toll Gate Rd in Bear Valley, CA. The variance would allow the proposed shed to be located 10 feet from the north property boundary within the required 30 foot front yard setback of County Code 18.36.040 E 1. Applicant: Tim Schimke APN: 005 262 014 ADMINISTRATIVE DETERMINATION: The Planning Department has completed a preliminary review of this project in accordance with Alpine County adopted guidelines for implementing the California Environmental Quality Act (CEQA) of 1970. Based on that review, the Environmental Administrator finds that the proposed project constitutes a Categorical Exemption. Therefore, the Environmental Administrator has determined that further environmental evaluation is not required because: [ X] The project is categorically exempt as an accessory structure, Sections 15030 Date: Debbie Burkett, Community Development Director Environmental Coordinator Date Posted: Date Removed: ---PAGE BREAK--- Attachment 3 Comment letter ---PAGE BREAK--- 1 Zach Wood From: Susi Lewis <[EMAIL REDACTED]> Sent: Monday, August 24, 2020 1:00 PM To: Zach Wood Subject: 151 Toll Gate Rd Front Yard Setback Variance- Tim Schimke [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hi Zach, I totally support the variance submitted by my nephew, Tim Schimke. Just wanted to add another vote of support. (Margaret) Susi Lewis Co‐owner of the cabin on Toll gate