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Hearing to consider an amendment to Subdivision Map E-18 (Tahoe Paradise Unit 53) for Lots 57 and 59 to remove the 25 foot front yard setback on property consisting of 13,000 square feet (APN 036-612-19) in the South Lake Tahoe area (District V); Applicant: Russell and Judy Crawford.
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RECOMMENDED ACTION: Planning staff recommends the Board certify that TM68-0058C is Statutorily Exempt from the requirements of CEQA pursuant to Section 15268 (b) (3), and approve TM68-0058C based on the Conditions of Approval listed in Attachment 1 and the Findings listed in Attachment 2.
Background: Tahoe Paradise, Unit 58, Subdivision Map E-18 was recorded on September 25, 1968. There is 25 foot front yard setback line that was recorded on the map for all lots. The 25-foot front yard setback on the final map appears to have been implemented in order to be consistent with the development standards of the zoning district at the time. Building Permit 179917 was issued May 9, 2007, for the expansion of the dwelling and garage. The setback issue came to light when a Building Inspector visited the site for a form inspection and questioned the 25-foot setback issue which was resolved by the applicant hiring a surveyor to properly locate the parcel boundary markers. It was determined the applicants would need to file a map correction/amendment to attempt to rectify the situation.
The parcel in question is noted on the Tahoe Paradise Unit 58 subdivision map as Lots 57 and 59. The two Lots were merged by Certificate of Merge 4427/551 in 1995 and are shown on Assessor’s Parcel Map 36-61 as one parcel identified as Assessor’s Parcel Number 036-612-19 but with the underlying original Tahoe Paradise Lot numbers 57 and 59 remaining.
Sierra Pacific Power Company (SPPC), South Tahoe Public Utility District (STPUD), and American Telephone and Telegraph (AT&T, formerly SBC) have had the project proposal distributed to their staff, and none have responded with any concerns with removal of the 25-foot setback line. Easements in this subdivision are marked by lines on the map. Removing the 25-foot front setback line will not interfere with any established easement for the subject parcel.
The General Plan designates the subject site as an Adopted Plan, within the Tahoe Regional Planning Agency’s Regional Plan. All projects within the Tahoe Basin must be consistent with the Regional Plan which includes TRPA’s Code of Ordinances, Plan Area Statements, and other TRPA regulations as well as El Dorado County’s General Plan Policies and Zoning Code. The parcel is located within TRPA Plan Area Statement (PAS) 137, which is a residential PAS. Staff finds that the proposed project, as conditioned, is consistent with the above requirements of the 2004 General Plan and Section 66472.1 of the California Government Code (Subdivision Map Act), because the removal of the recorded 25-foot subdivision setback line would not adversely impact any public agency or any party with interest in this easement.
The project site is zoned Tahoe One-family Residential (TR1). The setbacks required by Zoning Code Section 17.56.040 are 20 feet in the front, 5 feet on the sides, and 15 feet in the rear. The site plan (Attachment 9) for Building Permit 179917 shows the requested improvements would meet the 20-foot setback requirements of the TR1 Zone District. Staff finds the proposed map correction request, as conditioned, consistent with all applicable provisions of County Zoning Ordinance Title 17.
Contact: Gregory L. Fuz (5445)/Lawrence W. Appel (7698)/Pierre Rivas (5841)
ATTACHMENTS
Attachment 1 - Findings for Approval
Attachment 2 - Conditions of Approval
Attachment 3 - Vicinity Map
Attachment 4 - Assessor’s Parcel Map
Attachment 5 - General Plan Land Use Map
Attachment 6 - Zoning Map
Attachment 7 - Subdivision Map E-18, 2 pages, cover sheet and plat map (E-18A).
Attachment 8 - Close-up of Subdivision Map E - 18 for Lots 57 and 59
Attachment 9 - Site plan for Building Permit 179917