agricultural properties as much as possible. The pool is proposed adjacent to
the previously permitted Single Family Dwelling. Accumulating all development
in one area minimizes the potential negative impacts to adjacent agriculturally
zoned lands.
3. 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; and
The existing residential buildings immediately north of the proposed pool area
will buffer the northern parcel from pool activities, limiting negative impacts to
any agricultural uses in the future.
4. 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.
Aaron Mount, Planning Manager from Planning introduced the item and Tom
Williams, Agricultural Biologist Standards Inspector Supervisor reported on the
findings of the project. The applicant was present and had no comments. One
public comment was heard from zoom by the applicant’s contractor and her
question of an increase to the setback was resolved by staff. Chair Boeger
brought the item back to the Commission for discussion. For a complete video
of this item # 26-0567 discussion please go to the El Dorado County Website at:
County of El Dorado - Calendar (legistar.com)
It was moved by Commissioner Mansfield and seconded by Commissioner
Walker to recommend APPROVAL of staff’s findings and recommendations of
the above request for administrative relief from the required 200-foot
agricultural setback for the construction of a swimming pool. For this request
the Commission 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
6 - Boeger, Draper, Mansfield, Bolster, Walker and Neilsen
1 - Tong
Yes:
Absent:
