Title
PLN240075 - DIAZ-MEDINA JAIME ET AL
Consider the construction of a 1,500 square foot detached workshop and variance to allow an increase in the maximum allowable height for non-habitable structure from 15 to 17 feet.
Project Location: 260 Osborn Road, Royal Oaks
Proposed CEQA action: Find that the project qualifies for a Class 3 Categorical Exemption pursuant to the CEQA Guidelines section 15303 and there are no exceptions to the exemptions listed in 15300.2.
Report
RECOMMENDATIONS
It is recommended that the Zoning Administrator adopt a resolution to:
a. Find the project qualifies for a Class 3 Categorical Exemption pursuant to CEQA Guidelines section15303 and none of the exceptions to the exemptions listed in 15300.2 can be made; and
b. Approve a Combined Development Permit consisting of:
1. Coastal Administrative Permit to allow the construction of a 1,500 square foot detached workshop; and
2. Variance to allow an increase in the maximum allowable height for non-habitable structure.
The attached draft resolution includes findings and evidence for consideration (Exhibit A). Staff recommends approval subject to 3 conditions of approval.
PROJECT INFORMATION
Agent: Junior Diaz
Property Owner: Jaime Diaz
APN: 119-041-002-000
Parcel Size: 97,139 square feet (2.23 acres)
Zoning: Low Density Residential, 2.5 acres per unit in the coastal zone or “LDR/2.5(CZ)
Plan Area: North County Land Use Plan
Flagged and Staked: Yes
SUMMARY/DISCUSSION
The proposed project includes the construction of a new metal workshop building on a developed lot in North County. Development on the property is subject to the 1982 Monterey County General Plan, North County Land Use Plan, Monterey County Coastal Implementation Plan, Part 2, and Monterey County Zoning Ordinance (Title 20). The property is zoned Low Density Residential, 2.5 acres per unit, within the Coastal Zone or “LDR/2.5(CZ).” The LDR zoning allows accessory structures as principally allowed use. The project is consistent with the applicable LDR development standards, which are subject to a 15% maximum lot coverage. The proposed lot coverage is 3016 square feet, or 3.1%, and is within the requirement. The required setbacks for non-habitable accessory structures for the subject property are 50 feet (front), 6 feet on front one-half of property and 1 foot on rear one-half of property (side), and one foot (rear). The proposed detached workshop will have a front setback of 54 feet, side setback of 78 feet 7 inches, and a rear setback of 227 feet (north side). The maximum allowed height for accessory structures in the LDR zoning district is 15 feet above the average natural grade, and the proposed height for the workshop is 17 feet.
FLOODPLAIN
The parcel is located within the AE flood zone as defined by the Federal Emergency Management Agency (FEMA), which requires new construction to be located at least one foot above the base flood elevation. According to the County of Monterey Geographic Information System (GIS), FEMA has confirmed that the finish floor level for new construction should be at least 21 feet above sea level; however, the proposed building is non-habitable, Monterey County Code (Title 16) section 16.050.M.2 would allow structures to be less than 1 foot above the base flood level as long as the structure is in confirmance with being used solely as storage, the structure is constructed of flood-resistant materials to a minimum of 1 foot above the base flood elevation, the structure shall be adequately anchored to prevent flotation, collapse or movement, and there will be no storage of mechanical or utility equipment within the structure. As proposed, the project would meet these conditions and meets the height requirements.
VARIANCE
The proposed project meets all the development standards except the maximum height requirement. The allowed maximum height is 15 feet for non-habitable accessory structures. In order to conform to Title 16 section 16.16050.C.1, new construction located within the floodplain must have the lowest floor at least one foot above sea level. A non-habitable structure with the primary use of storage can be located below sea level as long as the structure is being used for storage and will not be housing mechanical or utility equipment. In order to meet these requirements, the finish floor of the proposed pre-manufactured metal workshop would be approximately 2 feet above average natural grade, which would also out the maximum height of the workshop at 17 feet above average natural grade. The proposed project meets the special circumstances necessary for a variance, does not constitute a grant of privilege to this project only, and the granting of the variance is consistent with the zoning regulation of the parcel as a principal use.
CEQA
California Environmental Quality Act (CEQA) Guidelines section 15303 categorically exempts new construction of small new facilities. The proposed project is to allow the construction of a 1,500 square foot metal accessory building to be used as a workshop. Therefore, the project qualifies for a Class 3 categorical exemption. None of the exceptions under CEQA Guidelines section 15300.2 apply to this project. The project does not involve a designated historical resource, a hazardous waste site, development located near or within view of a scenic highway, unusual circumstances that would result in a significant effect or development that would result in a cumulative significant impact.
OTHER AGENCY INVOLVEMENT
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
HCD-Engineering Services
Environmental Health Bureau
HCD-Environmental Services
North County Fire Protection District
Prepared by: Hya Honorato, Assistant Planner, x5173
Reviewed and Approved by: Anna Ginette Quenga, AICP, Principal Planner
The following attachments are on file with HCD:
Attachments
Exhibit A - Project Data Sheet
Exhibit B - Draft Resolution including:
• Recommended Conditions of Approval
• Site Plans, Floor Plans & Elevations
Exhibit C - Vicinity Map
cc: Front Counter Copy; North County Fire Protection District; HCD-Environmental Services; HCD-Engineering Services; Environmental Health Bureau; Hya Honorato, Asssistant Planner; Anna Ginette Quenga, AICP, Principal Planner; Jaime Diaz, Property Owner; The Open Monterey Project; LandWatch (Executive Director); Lozeau Drury LLP; Planning File PLN240075