Title
Department of Transportation recommending the Board approve and authorize the Chair to sign the Notice of Deed Restriction and Covenant to indemnify the County of El Dorado against liability for any damage from snow removal operations to structures allowed within the front yard setback at APN 034-552-004-000 as part of Subdivision Map Amendment TM-C23-0001. (District V)
FUNDING: Fees paid by applicant.
Body
DISCUSSION / BACKGROUND
On October 24, 2023 (Item 28, Legistar 23-1855), the Board of Supervisors approved Subdivision Map Amendment (“Amendment”) TM-C23-0001 for APN 034-552-004-000 at a publicly noticed hearing. The Amendment was requested by Melissa and Gary Whitehouse (Owners) in order to develop a two-car garage, providing covered parking for two vehicles. The Amendment reduces the front yard setback on the property from the standard 20 feet to 10 feet; there is no reduction in the side and rear setbacks. This site is limited in locations on which to place a structure to provide covered parking due to excessively steep slopes, and feasible alternative locations for the garage do not exist. Covered parking is a reasonable use of the land due to winter snowstorms. The Amendment was found consistent with the policies of the General Plan, and Planning staff recommended approval of the Amendment.
The Conditions for Approval for the Amendment include the following Condition 8: “Prior to Issuance of Building Permits, the applicant shall execute a hold harmless and indemnification agreement protecting the County from liability arising as a result of the approval of this setback variance.” The County requires property owners who are granted a reduced setback above 3000 feet elevation (snow removal areas) to execute a hold harmless and indemnification agreement to ensure that the County is protected if any structures constructed in the area are damaged due to County snow removal operations. This Notice of Deed Restriction and Covenant to Indemnify the County of El Dorado meets the requirement of Condition 8, and requires the approval of the Board of Supervisors.
Transportation recommends the Board approve the attached Notice of Deed Restriction and Covenant to Indemnify the County of El Dorado, which will be recorded by the property owners and will satisfy the Condition of Approval.
ALTERNATIVES
The Board could decide not to approve the requested Notice of Deed Restriction, in which case the Condition of Approval would not be satisfied and the Owners would not be able to obtain their building permit.
PRIOR BOARD ACTION
As outlined in Discussion / Background section above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Planning and Building, County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The cost of this action is covered by revenue recovery via County Engineer billings, as covered by an Agreement to Pay executed by the applicant upon application for the Amendment. There is no fiscal impact or Net County Cost associated with this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will obtain the Chair’s signature on one (1) original of the Notice of Deed Restriction.
2) The Clerk of the Board will return the one (1) fully executed original of the unrecorded Notice of Deed Restriction to the Department of Transportation, attn: Lindsay Tallman, for further processing.
STRATEGIC PLAN COMPONENT
Infrastructure
CONTACT
Rafael Martinez, Director
Department of Transportation