title
PUBLIC HEARING to consider Minor Land Use Permit Application No. MU-18-02 of Jack Swank to construct a 5,000 square foot residential accessory storage structure on a 3.34-acre parcel located at 4087 Caliguri Canyon Road, west of the City of Vacaville within the Rural Residential “RR-2.5” Zoning District, APN: 0123-450-120. The project qualifies for a Class I Categorical Exemption from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15303. (Project Planner: Michael Yankovich) Staff Recommendation: Approval
body
RECOMMENDATION:
Staff recommends that the Planning Commission ADOPT the attached resolution and APPROVE Use Permit No. MU-18-02 with a modification to reduce the size of the proposed structure to 3,000 square feet or less based on the enumerated findings and subject to the recommended conditions of approval.
EXECUTIVE SUMMARY:
The applicants, Jack and Anabelen Swank, are requesting that the Planning Commission consider Minor Land Use Permit application MU-18-02 to construct a 5,000 square foot metal residential accessory storage structure that is 16’8” in height on a 3.34 acre parcel located at 4087 Caliguri Canyon Road.
ENVIRONMENTAL ANALYSIS:
The project qualifies for a Class I Categorical Exemption from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures.
DISCUSSION;
Background
Prior approvals: Major Subdivision S-92-01, Building Permits B2017-0533 (Primary Dwelling) and B2017-0664 (Retaining wall for driveway).
Adjacent Zoning and Uses:
North: Rural Residential (RR-2.5) Residential
South: Rural Residential (RR-2.5) Residential
East: Rural Residential (RR-2.5) Residential
West: Rural Residential (RR-2.5) Residential
General Plan/Zoning Consistency
The parcel is designated Rural Residential by the Solano County General Plan Land Use Diagram. As indicated on the General Plan land use consistency table (General Plan Table LU-7) the Rural Residential (RR-2.5) Zoning District is consistent with this designation. The subject site is zoned Rural Residential (RR-2.5). Within this district accessory buildings 2,500 square feet or less are allowed while those over 2,500 square feet are subject to a minor use permit, which is a discretionary permit. Accessory buildings must meet the development standards contained in Tables 28.31A and C, and Sections 28.72.10(A) and (B)(1) of the Solano County Code.
The proposed structure is metal and will be approximately 16’8” in height. It will be set back at least 10 feet from the side and rear property lines. No electrical service or plumbing are proposed as part of this project. The primary dwelling will be served by a Solano Irrigation District water connection and on-site sewage disposal system.
Neighborhood Compatibility
An aerial survey shows at least 7 existing 500-2400 square foot accessory structures within approximately 1500 feet of the subject parcel, including a 1750 square foot accessory structure at the north end of Caliguri Canyon Road which was constructed in 2001. The project site is at a higher elevation than the nearest roads (Gibson Canyon Road and Caliguri Canyon Road), so the proposed structure will be minimally visible from the roadway. The proposed structure will be partially visible from adjacent parcels to the North, Northwest and Northeast.
The applicant proposes to landscape along the eastern and western property lines to screen the accessory structure. Together with the landscaping, topography and reduction of the accessory structure square footage, the majority of the structure will be screened from view.
Although the proposed structure would meet the development standards for an accessory structure in the Rural Residential zone district, it would also be the largest accessory structure in the neighborhood. Approval of the proposed structure could establish a precedent with future requests for structures in excess of 2,500 square feet. The applicant has indicated that landscaping is proposed which would further screen the structure from public view. In staffs view the proposed landscaping will assist in reducing the view of the structure, however, the structure is of an unusually large size for an accessory structure in the context of the neighborhood setting and the rural residential use. A reduction in size of the structure by 2,000 square feet would maintain the existing neighborhood compatibility and with landscaping would reduce the aesthetic impact.
See attached exhibits: Vicinity Map, Location Map, and Photos 1-4.
Development Review Committee
As part of the Department of Resource Management project review process the application has been reviewed by various County Departments. Any recommended conditions of approval have been incorporated into the use permit resolution. The following entities contributed during project review:
Solano County Public Works Division
Solano County Building & Safety Division
Solano County Environmental Health Division
VII. FINDINGS:
1. The establishment, maintenance, or operation of the proposed use is in conformity with the County General Plan with regard to traffic circulations, population densities and distribution, and other aspects of the General Plan.
This project is located within an area designated Rural Residential by the Solano County General Plan Land Use Diagram. The proposed use is a conditionally permitted use within the Rural Residential (RR-2.5) zoning district. The Zoning of the property along with the existing use and proposed modifications is consistent with the General Plan.
2. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
The site is provided with water by the Solano Irrigation District and sewer service by an on-site sewage disposal system. Access is proposed via encroachment off Caliguri Canyon Road.
3. The subject use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the health, safety, peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County.
As conditioned, the proposed Residential Accessory Structure use will not constitute a nuisance to surrounding properties, nor will it be detrimental to the health, safety, or welfare of County residents.
RECOMMENDED CONDITIONS OF APPROVAL:
General
1. The proposed structure will be established in the location shown on the site plan submitted with the application for Land Use permit MU-18-02, with a maximum size of 3000 square feet.
2. This structure will only be used for parking and storage by the occupant of the primary residence. Any change of use, expansion, or construction of additional accessory structures may require a revision to this permit or a new permit.
3. Landscaping will be provided to screen the proposed structure from view from the adjacent parcels to the east and west.
Building and Safety Division
4. While the following comments are not all inclusive, they will act as a guideline for the requirements for the construction of any buildings or structures on the site now and in the future. These comments are not required on the application plan for the Use Permit, but (4) sets of plans will be required to be submitted to reflect all of the requirements in the latest edition of the codes adopted by the State of California and Solano County at the time of a construction permit application. These requirements, as well as all other required code requirements, shall be reflected on all construction drawings submitted for permit through Solano County Building Division.
5. The Building and any site improvements shall be designed using the 2016 California Building Standards Codes including the mandatory measures found in the new 2016 California Green Building Code, Chapter(s) 1, 2, 3, 5, 6, 7, 8, and A5 for Voluntary Measures.
6. Prior to any construction or improvements taking place, a Building Permit Application shall first be submitted as per the 2016 California Building Code, or the most current edition of the code enforced at the time of building permit application. “Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.”
7. Plans and Specifications shall meet the requirements as per Section 105 of the 2016 California Building Code. “Construction documents, statement of special inspections and other data shall be submitted in one or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.” Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official.”
8. The fire district will reassess the site for fire life and safety requirements.
9. An Automatic fire sprinkler system shall be installed throughout the building.
Permit Term
10. The Department of Resource Management shall verify ongoing compliance with the terms and conditions of this permit through a program of periodic compliance reviews occurring at five (5) year intervals from the date of granting this permit. The cost associated with the periodic reviews shall be charged at that time.
ATTACHMENTS:
Exhibit A - Draft Resolution
Exhibit B - Site Plan, Photos
Exhibit C- Comments and Letters