There are no choice soils on either the subject parcel or adjacent agriculturally
zoned parcel. In addition, the use of an existing permitted structure limits
impact to adjacent agricultural uses. The existing parcel is located down slope
from the adjacent agricultural parcel with an existing retaining wall between
the subject dwelling and adjacent parcel which creates a buffer.
c) Based on the site characteristics of the subject parcel and the adjacent
agriculturally zoned land including, but not limited to, topography and location
of agricultural improvements, etc., the Commission determines that the location
of the proposed non-compatible structure would reasonably minimize potential
negative impacts on agricultural or timber production use;
The use of existing utilities and structures limit any impact on agriculture. In
addition to the existing tree line, the adjacent agriculturally zoned land is
located upslope from the existing dwelling which creates a buffer. There are no
choice soils on either parcel.
d) There is currently no agricultural activity on the agriculturally zoned parcel
adjacent to the subject parcel and the Commission determines that the
conversion to a low or high intensive farming operation is not likely to take
place due to the soil and/or topographic characteristics of the adjacent
agriculturally zoned parcel or because the General Plan Land Use Designation
of the surrounding or adjacent parcels is not agricultural (e.g.
Light/Medium/High Density Residential).
Staff also recommends that the applicant comply with Resolution No. 079-2007
Exhibit A of the Board of Supervisors pertaining to the adoption of the Criteria
and Procedures for Administrative Relief from Agricultural Setbacks. Section
B.5 requires the following action by the applicant: In all cases, if a reduction in
the agricultural setback is granted for a non-compatible use/structure, prior to
the issuance of a building permit, a Notice of Restriction must be recorded
identifying that the non-compatible use/structure is constructed within an
agricultural setback and that the owner of the parcel granted the reduction in
the agricultural setback acknowledges and accepts responsibility for the risks
associated with building a non-compatible use/structure within the setback.
If the Agricultural Commission cannot make the required findings in Resolution
No. 079-2007, an application may be made to the Board of Supervisors for
administrative relief. Such relief may be granted by the Board of Supervisors
upon a determination by the Board taking all relevant facts into consideration
that the public interest is served by the granting of the relief. Such applications
shall be made to the Development Services Department and a recommendation
made to the Board of Supervisors.
Chair Boeger brought the item back to the Commission for discussion. The
applicant’s representative was available for questions by Zoom. No public
comments were received in the Board room or by zoom listeners. For a
complete video of this item # 25-1223 discussion please go to the El Dorado
County Website at: County of El Dorado - Calendar (legistar.com)
It was moved by Commissioner Neilsen and seconded by Commissioner Bolster
to recommend APPROVAL of the request for the existing single-family
dwelling., no less than 130’’ from the property line with APN:104-120-065. For
this request staff believes that three of the four findings that the Agricultural
Commission is required to make by Resolution No. 079-2007 and adopted by the
Board of Supervisors on April 17, 2007, can be made.