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Conduct a noticed public hearing to consider Use Permit application No. U-24-07 by Nicholas Stevens of American Asphalt for a General Cottage Industry Type II home-based business, and to allow for accessory buildings in aggregate, greater than 5,000 sf on lots over four (4) acres in the Rural Residential (RR-5) zoning district, located at 4585 Pace Lane, approximately two (2) miles north of the City of Vacaville, APN 0106040140. The project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15303.
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Public Hearing Required? Yes _X No _
Public Notice Required? Yes _X No _
DEPARTMENT RECOMMENDATION:
The Department of Resource Management recommends that the Planning Commission:
1. Conduct a noticed public hearing to consider Use Permit Application U-24-07; and
2. Adopt a resolution approving Application No. U-24-07 subject to the findings and conditions of approval contained in Attachment A.
I. SUMMARY:
The applicant, resident, and property owner Nick Stephens proposes a General Cottage Industry Type II home-based business for American Asphalt, a contractor that installs asphalt purchased from asphalt plants on the day of the project. In addition, he proposes to construct a 3,840 sf barn to store vehicles and equipment related to his business. The remaining area of the space will be devoted to 12-20 sheep with feed. The total existing and proposed accessory buildings on the property total 5,912 sf and require approval of the use permit. The project is conditioned to comply with the Cottage Industry General Type II standards of the zoning code in order to minimize nuisances and environmental impacts.
BACKGROUND
The county received a complaint regarding drainage issues from the property. The property, historically, experienced water ponding and off-site drainage impacts to adjacent properties. Public Works investigated the concern (CC-VIOL-23-06720) and required the applicant to address the issues. The applicant’s engineer, Brad Foulk, recommended minor re-grading of the site and use of an existing low wall to act as a barrier that would retain water onsite. Public Works engineers reviewed the information and are satisfied with the recommendations. Refer to Attachment K for the Memo, Storm Water Management Plan, and photographs.
While on-site investigating the grading issues, County staff observed the unpermitted business activity, including the outdoor storage of trucks and other equipment for American Asphalt, and required the applicant to apply for a Use Permit to comply with the zoning regulations in order to continue operating.
LOCATION
The project is located at 4585 Pace Ln, two (2) miles north of the City of Vacaville, approximately one (1) mile west of Highway 505 in the Rural residential RR-5 zoning district. Access to the site is via Pace Ln (private) from Timm Road (public).
II. PROJECT DESCRIPTION:
The applicant, resident, and property owner Nick Stephens proposes a General Cottage Industry Type II home-based business for American Asphalt, a contractor that installs asphalt purchased from asphalt plants on the day of the project. No asphalt materials will be produced on the property. Two (2) employees will enter the property to retrieve and return the trucks and leave within 15 minutes of running time three (3) days a week. No retail sales will occur on the premises, no customers will enter the property, and no signs related to the business are proposed.
In addition, the applicant proposes to construct a new accessory building totaling 3,840 sf in size to store two (2) 24-ton dump trucks with attached trailers within a 2,400 sf section of the proposed accessory structure. The remaining 1,440 sf of storage in the structure is separated by a wall and will be used to store 12-20 sheep with feed per Attachment F.
There are four existing accessory structures on the property including a 864 sf detached garage, a 900 sf carport, a 208 sf shipping container, and a 100 sf shed (Attachment H), totaling 2,072 sf. Approval of the new accessory structure would increase the accessory structure square footage to 5,912 sf (Attachment H).
The 900 sf carport (B2019-0022) was approved in compliance with zoning setback requirements of ten feet but was built within the setback. The project is conditioned to relocate the workshop to meet the minimum 10-foot rear yard setback requirement, or the applicant may apply for a variance to deviate from the setback.
Additional water and sewer services are not required for the accessory structure.
III. ANALYSIS:
A. General Plan Consistency
The project is proposed on land designated Rural Residential by the Solano County General Plan Land Use Diagram. The project as designed and conditioned is consistent with General Plan goals and policies including, but not limited to, those related to public safety and emergency response, protection of scenic resources, and land use development.
B. Zoning Consistency
The subject property is located within the Rural Residential “RR-5” zoning district. This district requires the issuance of a Use Permit to authorize General Cottage Industry business activity subject to conditional approval by the Planning Commission, and Minor Use Permit approval by the Zoning Administrator for accessory structures larger than 5,000 square feet in aggregate. The minor use permit required for large accessory structures is included in this Use Permit.
General Cottage Industry Type II is intended to allow for commercial uses that are clearly incidental and subordinate to the use of the premises for residential purposes. Only a resident-occupant of an existing on-site primary residence may operate a cottage industry. Cottage industries shall not produce evidence of their existence in the external appearance of the dwelling, accessory structures, or premises. The proposed barn will be located at the back of the property, and not visible from the street. Business-related equipment and activities will take place inside the 2,400 sf section of the barn, so as to maintain the rural character of the surrounding neighborhood. Refer to Attachment M for a complete evaluation of all applicable standards.
The proposed project complies with all applicable zoning requirements with the incorporation of conditions of approval.
C. Environmental Determination
The Department of Resource Management is recommending that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 
Section 15303 (New Construction or Conversion of Small Structures). The New Construction or Conversion of Small Structures exemption consists of the construction and location of limited numbers of new, small facilities or structures, and the installation of small new equipment and facilities in small structures. The guidelines state examples including, but not limited to, utility extensions and appurtenant structures.
The project consists of installing a 3,840 sf accessory structure and use of the property for home-based business. There is no evidence in the record that the project would result in substantial, or potentially substantial, adverse environmental changes to any of the physical conditions within the area, including land, air, water, minerals, flora, fauna, ambient noise, or objects of historic or aesthetic significance. It has been determined that the project is not in an environmentally sensitive location, is not on a hazardous waste site, will not cause substantial change in the significance of a historical resource, and will not result in damage to scenic resources within a scenic highway. Staff therefore recommends that the project be found categorically exempt from CEQA under CEQA Guidelines Section 15303.
D. Public Notice
Consistent with Sections 28.106 and 28.04 of the Solano County Code, a public hearing notice was published in the Daily Republic and the Vacaville Reporter at least 15 days prior to the public hearing.
E. Agency Review
As part of the Department of Resource Management development review process, the application materials have been reviewed by the County Development Review Committee as well as the Dixon Fire Department and California Highway Patrol. Recommended conditions of approval have been incorporated into the attached Resolution.
ATTACHMENTS:
A - Draft Resolution & Conditions of Approval
B - Assessor’s Parcel Map
C - Project Location Map
D - Site Plan
E - Project Description
F - Floor Plan with Described Business Use
G - Elevation Plans
H - Parcel Accessory Structure Calculation
I - B2019-0022 Site Plan
J - Existing Structures Compliance
K - Drainage Memo and Stormwater Management Plan
L - Private Road Maintenance Agreement
M - Zoning Consistency Standards Evaluation
N - Public Notice