b) The proposed non-compatible structure will be located on the property to
reasonably minimize the potential negative impact on adjacent agriculturally
zoned land;
The proposed building site minimizes potential negative impacts on adjacent
agriculturally zoned lands by congregating the single-family dwelling near the
other single-family dwellings on adjacent parcels to the east, north-east and
south.
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 proposed building site faces the existing single-family dwelling on the
parcel to the south creating a buffer and minimizing the impact to the
production agriculture use of the southern parcel. The proposed building site is
also closer to the eastern parcel boundary and the existing single-family homes
on the adjacent easternly parcels.
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 Recommendations:
Staff recommends APPROVAL of the request for administrative relief from the
required 200-foot agricultural setbacks for the above-referenced project be
reduced to 75 feet from the northern adjacent parcel (085-500-017), 100 feet from
the eastern adjacent parcels (085-500-014and 085-500-015), and 141.5 feet from
the southern adjacent parcel (085-030-057) for a new single-family dwelling unit
through building permit number 386252.
Staff 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.
Spencer McKenna, Assistant Planner from Planning introduced the item and
