COUNTY OF SACRAMENTO CALIFORNIA SUBDIVISION REVIEW COMMITTEE REPORT Control No.: PLNP2013-00066 Type: UPP TO: FROM: SUBDIVISION REVIEW COMMITTEE DEPARTMENT OF COMMUNITY DEVELOPMENT CONTACT: Carol Gregory, Planner III, (916) 874-5458; gregoryc@saccounty.net PROJECT DESCRIPTION PLNP2013-00066. Simkins. Request for a Use Permit and Tentative Parcel Map Amendment to revise and delete conditions from a prior Use Permit and Tentative Parcel Map (Control No. 2005-PMB-UPP-0566) at 7331 26 th Street, on the west side of 26 th Street, approximately 1,000 feet north of Q Street, in the Rio Linda-Elverta community. Applicant: Delores L. Simkins; APN: 208-0190-002-0000; Environmental Document: Prior Negative Declaration. District 4: Roberta MacGlashan APPLICANT: Delores L. Simkins 11141 Loma Rica Road Marysville, CA 95901 OWNERS: Delores L. Simkins Gary M. Simkins 11141 Loma Rica Road Marysville, CA 95901 DETAILED REQUEST: A Use Permit and Tentative Parcel Map Amendment to revise and delete the following conditions associated with Control No. 2005-PMB- UPP-0566. The prior project divided an approximately 4.78-acre parcel into two lots in the AR-2 (Agricultural-Residential) zone and allowed a Residential Accessory Dwelling on Parcel "1". 1. Revise Condition No. 8 from the Use Permit and Condition No. 7 from the Tentative Parcel Map from, Construct the private road to a minimum standard of 2 inches of asphalt concrete over a minimum 6 inches aggregate base to a 20-foot section width, to, Construct the private road to a minimum standard of six inches compacted rock to a 16-foot section width. 2. Delete Condition No. 12: The property owner shall reside in at least one (1) of the two (2) dwellings on Parcel 1.
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 Overview: The proposed project consists of a request to delete and revise conditions associated with a prior Use Permit and Tentative Map approval located at 7331 26 th Street in the Rio Linda-Elverta community area. Summary of Significant Issues: No significant issues have been identified at the time of this writing. CPAC Recommendation: The Rio Linda-Elverta Community Planning Advisory Council (CPAC) met on July 24, 2013 and recommended APPROVAL (3-0) of the proposed project. The Council had no comments or conditions regarding the project request. Recommendations: Staff is recommending APPROVAL of the proposed project. I. Location Maps 3 II. Project Analysis 4 III. Staff Recommendations 6 IV. Attachments 8 V. Exhibits 8 CAG:cag:gvc srplnp2013-00066 2
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 I. LOCATION MAPS CAG:cag:gvc srplnp2013-00066 3
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 II. PROJECT ANALYSIS A. Adjacent Land Uses and Zoning: Existing Land Use Zoning and Community Plan Designations Subject Property Single-family Residential/Triplex AR-2 North Single-family Residential AR-2 South Single-family Residential AR-2 East Single-family Residential AR-5/AR-5(F) West Single-family Residential AR-2 B. History/Background: The proposed project site was once a portion of a larger Assessor s Parcel Number (APN) of approximately 4.78 acres known as APN: 208-0011-014-0000. On January 10, 2007, the Board of Supervisors approved a Tentative Parcel Map to divide the 4.78 acres into two lots and a Use Permit to allow a residential accessory dwelling on approximately 2.0 acres (Control No. 2005-PMB- UPP-0566). The request legalized the existing residential uses on-site. The larger site had one single family dwelling of approximately 2,473 square feet that was legally constructed in 1946, one single-family dwelling of approximately 1,180 square feet constructed in 1957, and an approximately 2,000-square-foot building converted from a hen house to a triplex in 1970. The division of the approximately 4.78-acre property into two parcels created two new separate APNs consisting of the subject parcel APN: 208-0190-002 of approximately 2.0 gross acres and APN: 208-0190-001 of approximately 3.01 gross acres (2.78 net acres). The single-family dwelling of approximately 2,473 square feet is located on APN: 208-0190-001. The subject parcel has the approximately 1,180-square-foot house and approximately 2,000- square-foot converted triplex. The Use Permit approval for Control No. 2005-0566 allowed the 1,180-square-foot home as a residential accessory dwelling and required the triplex to be converted into the primary single-family residence on the subject parcel. The Tentative Parcel Map for Control No. 2005-0566 was finalized and recorded by Sacramento County on July 29, 2008. A Building Compliance Case (Case No.: COPR2013-00154) was filed for the subject property on April 9, 2013. The case was open as a building violation for noncompliance of the conversion of the triplex to a single-family residential dwelling pursuant to Condition No. 10 of the prior Tentative Parcel Map (Control No. 2005- PMB-UPP-0566). C. Project Description: The applicant is requesting a Use Permit and Tentative Parcel Map Amendment to revise and delete conditions associated with Control No. 2005- PMB-UPP-0566. As noted above, the prior project divided an approximately 4.78- acre parcel into two lots in the AR-2 (Agricultural-Residential) zone and allowed a Residential Accessory Dwelling on Parcel "1". The first request is to revise the CAG:cag:gvc srplnp2013-00066 4
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 language of Condition No. 8 from the Use Permit and Condition No. 7 from the Tentative Parcel Map from Construct the private road to a minimum standard of 2 inches of asphalt concrete over a minimum 6 inches aggregate base to a 20-foot section width to Construct the private road to a minimum standard of six inches compacted rock to a 16-foot section width The applicant is requesting the revision of this condition because of the financial hardship associated with paving the private road. The applicant is also requesting the deletion of Condition No. 12 from the Use Permit, which reads: The property owner shall reside in at least one (1) of the two (2) dwellings on Parcel 1. This was a condition that was placed on the project by the Rio Linda Community Planning Advisory Council (CPAC) during their review of the prior proposal for the residential accessory dwelling due to general concerns associated with absentee landlords renting out both primary and secondary residential units on properties. The condition is enforceable by the County of Sacramento from State Law Section 65852.2. D. Justification for Revision/Deletion of Conditions: County Planning staff coordinated with representatives from the Site Improvement and Permits Section (SIPS) and Sacramento Metropolitan Fire District (SMFD) regarding the revision to the private road condition that would reduce the width of the road to 16-foot section width with compacted rock (Condition No. 8 from the Use Permit and Condition No. 7 from the Tentative Parcel Map). The road is currently designed on the property as proposed with the revised condition language. Both SIPS and SMFD staff were supportive of the request to revise this condition. As well, the previous Initial Study for Control No. 2005-0566 included mitigation stating that the proposed access road shall only be widened to the north, so that there is no further impact to the oak trees on the south property line. With the requested revision to reduce the width of the private road, this will further reduce impacts to the oak trees on-site. The justification to delete Condition No. 12 from the Use Permit, requiring one of the units on the project site to be owner occupied, is that the subject property is well maintained and in overall good condition with rental units to support the deletion of this condition. Additionally, the applicant will also be required to resolve open Building Compliance Case No. COPR2013-00154 within 60 days of the issuance of the Use Permit Amendment. This includes obtaining a permit to convert the existing triplex on the property into a single family dwelling. With the reasons stated above, County staff supports the request to revise and delete conditions associated with Control No. 2005-0566. E. Community Outreach: It is Sacramento County policy to encourage applicants to conduct community outreach for projects prior to or concurrent with the filing of a planning application, and to provide a written description of the outreach. The proposed project was reviewed by the Rio Linda-Elverta Community Planning Advisory Council (CPAC) on July 24, 2013. Property owners within the 500-foot CAG:cag:gvc srplnp2013-00066 5
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 III. radius of the project site were notified of the CPAC meeting. Two residents provided comments on the project request. The first resident stated support for the project, speaking on behalf of many neighbors who were also supportive of the request. The second resident had questions on the project but was also supportive of the request. CPAC members had questions and discussed the prior project approvals and the applicability of the original project conditions that the applicant is requesting to revise and delete (see Attachment B CPAC Minutes and Referral). The CPAC members recommended approval of the project by a vote of 3-0 with no further conditions or comments. STAFF RECOMMENDATIONS The request is consistent with the County General Plan, Rio Linda-Elverta Community Plan and will conform to applicable Zoning Code regulations from the prior Tentative Parcel Map and Use Permit approval (Control No. 2005-PMB-UPP-0566). The property is well maintained and in overall good condition with rental units to support the deletion of Condition No. 12, which requires one of the units on the project site to be owner occupied. The reduction of the width of the private road to 16-foot section width with compacted rock (Condition No. 8 from the Use Permit and Condition No. 7 from the Tentative Parcel Map) is supported by County staff and the Sacramento Metropolitan Fire District in that the site will be accessible with the private road as designed for the residential units on the property. As well, reducing the width of the road will further reduce impacts to native oaks trees on the site s south property line. The applicant is required to comply with the applicable conditions of approval from the prior Use Permit and Tentative Parcel Map approval for Control No. 2005-0566. Additionally, the applicant will be required to resolve an open Building Compliance Case for conversion of the triplex into a single family dwelling within 60 days of the issuance of the Use Permit Amendment. For these reasons, staff recommends APPROVAL of this proposal. A. Recommended Subdivision Review Committee Actions: These actions are recommendations to the Subdivision Review Committee: 1. Environmental Documentation: Determine that the environmental analysis is adequate and complete and that the PRIOR NEGATIVE DECLARATION is appropriate. 2. Use Permit Amendment: APPROVE the requested entitlement to revise and delete the following conditions associated with Control No. 2005-PMB-UPP- 0566, subject to the findings listed in Section III.B and the conditions listed in Section III.C of this report. a. Revise Condition No. 8 from the Use Permit and Condition No. 7 from the Tentative Parcel Map from Construct the private road to a minimum standard of 2 inches of asphalt concrete over a minimum 6 inches aggregate base to a 20-foot section width to Construct the private road CAG:cag:gvc srplnp2013-00066 6
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 to a minimum standard of six inches compacted rock to a 16-foot section width b. Delete Condition No. 12: The property owner shall reside in at least one (1) of the two (2) dwellings on Parcel 1. 3. Mitigation Monitoring and Reporting Program: NONE. B. Recommended Findings: The staff recommendations are based upon the following considerations: 1. The request is consistent with the County General Plan Map Agricultural- Residential Designation and Text in that no policy conflicts have been identified. 2. The request is consistent with the Rio Linda-Elverta Community Plan Map and Text. 3. The proposed development will conform to applicable Zoning Code regulations from the prior Tentative Parcel Map and Use Permit approval (Control No. 2005-PMB-UPP-0566). 4. Staff has identified no effects from the proposal which would result in a significant detrimental impact on adjoining or neighboring properties if the conditions, as recommended by staff, are adopted. 5. The granting of the Use Permit Amendment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in 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 in that: a. The property is well maintained and in overall good condition with rental units to support the deletion of Condition No. 12, which requires one of the units on the project site to be owner occupied. b. The reduction of the width of the private road to 16-foot section width with compacted rock (Condition No. 8 from the Use Permit and Condition No. 7 from the Tentative Parcel Map) is supported by County staff and the Sacramento Metropolitan Fire District in that the site will be accessible with the private road as designed for the residential units on the property. As well, reducing the width of the road will further reduce impacts to native oaks trees on the site s south property line. c. The applicant is required to comply with the applicable conditions of approval from the prior Use Permit and Tentative Parcel Map approval for Control No. 2005-0566. Additionally, the applicant will be required to resolve an open Building Compliance Case for conversion of the triplex CAG:cag:gvc srplnp2013-00066 7
SIMKINS PLNP2013-UPP-00066 208-0190-002-0000 into a single family dwelling within 60 days of the issuance of the Use Permit Amendment. C. Recommended Conditions: Any approval of the Use Permit Amendment shall be subject to the following conditions: 1. The final development plans shall be in substantial compliance with Exhibit 1 (Approved Site Plan from 2005-0566). (Sacramento County Community Development Department - Planning and Environmental Review Division) 2. This action does not relieve the applicant of the obligation to comply with all ordinances, statutes, regulations and procedures. Any required subsequent procedural actions shall take place within 36 months of the date on which the permit became effective or this action shall automatically be null and void. Unless otherwise indicated, all conditions of approval shall be implemented prior to or concurrent with the issuance of building permits or approval of improvement plans, whichever occurs first. (Sacramento County Community Development Department - Planning and Environmental Review Division) 3. Comply with the applicable Conditions of approval from the prior Use Permit and Tentative Parcel Map approval for Control No. 2005-0566 (see Attachment A ). (Sacramento County Community Development Department - Planning and Environmental Review Division) 4. Obtain all necessary building permits from the Building Permits and Inspection Department within 60 days of the issuance of the Use Permit Amendment and resolve Building Case No. COPR2013-00154. Failure to acquire all necessary permits from the Building Permits and Inspection Department shall result in revocation of the Use Permit Amendment. This includes obtaining a permit to convert the existing triplex on the property into a single family dwelling. (Sacramento County Community Development Department, Planning and Environmental Review Division) IV. ATTACHMENTS A. Final Transmittal from Control No. 2005-0566 B. CPAC Minutes and Referral C. Context Photos V. EXHIBITS 1. Approved Site Plan from Control No. 2005-0566 This staff report was prepared on September 10, 2013. CAG:cag:gvc srplnp2013-00066 8
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1. Photo of the existing access driveway on the proposed project site from 26 th Street. Direction of the photo is toward the east. 2. Photo of the 7323 26 th Street property fronting 26 th Street. Direction of the photo is toward the east. CONTEXT PHOTO NOS.: 1 & 2 CONTROL #: PLNP2013-UPP-00066 PROJECT NAME: SIMKINS PARCEL NO.: 208-0190-002 DATE: 8-2-13 SRC ATTACHMENT C Page 1 of 4
1. Photo of the existing single family residence located at 7327 26 th Street on the proposed project site. Direction of the photo is toward the west. 2. Photo of the existing single family residence located at 7323 26 th Street. Direction of the photo is toward the northwest. CONTEXT PHOTO NOS.: 3 & 4 CONTROL #: PLNP2013-UPP-00066 PROJECT NAME: SIMKINS PARCEL NO.: 208-0190-002 DATE: 8-2-13 SRC ATTACHMENT C Page 2 of 4
1. Photo of the existing triplex located at 7331 26 th Street on the proposed project site. Direction of the photo is toward the southwest. 2. Photo of a closer view of the existing triplex and access driveway located on the proposed project site. Direction of the photo is toward the southwest. CONTEXT PHOTO NOS.: 5 & 6 CONTROL NO.: PLNP2013-UPP-00066 PROJECT NAME: SIMKINS PARCEL NO.: 208-0190-002 DATE: 8-2-13 SRC ATTACHMENT C Page 3 of 4
1. Photo of another view of the access driveway on the proposed project site from 26 th Street. Direction of the photo is toward the east. 2. Photo of the rear portion of the proposed project site. Direction of the photo is toward the west. CONTEXT PHOTO NOS.: 7 & 8 CONTROL NO.: PLNP2013-UPP-00066 PROJECT NAME: SIMKINS PARCEL NO.: 208-0190-002 DATE: 8-2-13 SRC ATTACHMENT C Page 4 of 4