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Hearing to consider an appeal of the approval of Tentative Parcel Map P78-0280C; the correction to said map would allow removal of a 100-foot non-building easement and replacement with a 15-foot wide drainage easement on property consisting of 1.12 acres (APN 042-280-34) in the Pollock Pines area. Appellant: Mark John Dwyer, Applicant: Kenneth Teague. (District 2) (Cont'd 10/16/07, Item 37)
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RECOMMENDED ACTION: Planning staff recommends the Board deny the appeal, thereby upholding the action of the Zoning Administrator to conditionally approve P78-028C, based on the findings listed on Attachment 2, subject to the conditions listed on Attachment 3.
Background: There is 100 foot Non-building Easement recorded within the subject parcel created by this map. At the Zoning Administrator hearing on September 5, 2007, it was found that pursuant to the submitted analysis of General Plan Policy 7.3.3.4 and the Interim Interpretive Guidelines adopted June 22, 2006, as well as a Arrest/Investigation Report, and further information reported to staff from three subsequent site visits from the California Department of Fish and Game, the existing swale/linear depression on Mr. Teague’s parcel alone could not be qualified as a wetland stream requiring any special setbacks required by County Code. Therefore, the 100-foot Non-building Easement was removed and replaced with a 15-foot wide drainage easement. The appellant is of the opinion that the drainage is a wetland and should continue to be subject to the 100-foot nonbuilding easement.
Policy 7.3.3.4 directs the County to provide buffers and special setbacks for the protection of riparian areas and wetlands. The linear depression does not drain enough of an area to result in the presence of an Ordinary High Water Mark which is required by the U.S. Army Corps of Engineers to determine the boundary of channels that are under the jurisdiction of the Federal Clean Water Act. There are no wetland indicator plants ...
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