Planning Commission - Regular Meeting

Good afternoon. My name is Rob Peters. I am the zoning administrator for today's hearing. I am opening the County of El Dorado zoning administrator hearing of Wednesday, August 19th, 2026 at 3 o'clock p.m. Please note this hearing is being recorded. So first item of business, I hereby adopt the agenda as submitted with no changes for today's hearing. Next up is the public forum public comment period. This is for individuals wishing to speak for items that are not on the agenda. Individuals will have three minutes to address the zoning administrator. Public comment will be taken first from those participating in the hearing room and then from those participating through Zoom. For those participating through Zoom, please make sure you press the raised hand button and unmute yourself when called upon. If you are joining the meeting by phone, please press star nine to indicate a desire to comment please voluntarily state your name for the record. So let's see. Anybody in the room? Seeing none. Is there anybody on Zoom, Debbie?

Joey DeLeon here.

Thank you, sir. We will get to your item next. Seeing none, we will go ahead and close the public forum public comment item. And so, Debbie, please read the next item on the agenda.

OK. Item 1, hearing to consider Pollock Pines sidewalk sale project conditional use permit CUP25-0017 to allow daily operation of outdoor retail sales with portable planters as an alternative landscape plan on property identified by assessor's parcel number 101-261-028, consisting of 0.12 acre, is located on the north side of Pony Express Trail, approximately 100 feet northwest of the intersection with North Street in the Pollock Pines area. Submitted by Joni de Leon.

Okay, thank you very much. I see we have staff here. Leila, would you like to provide a brief presentation on the project and your recommendation, please?

Yes, good afternoon, Zannie Administrator. My name is Leila Shelley, Associate Planner for El Dorado County. The project before you today is to request a conditional use permit for a continuation of the daily outdoor retail sales to be carried out with temporary folding tables and portable landscape planners that will be moved to an indoor location each evening. All sales are proposed to take place in the outdoor areas only. The CUP request is responsive to a code enforcement case, which has been closed due to the recent temporary termination of sidewalk sales activity. Approval would remedy the original citation so that the sidewalk sales may be reopened. slide three the property consists of 0.12 acres and as debbie noted is located on the north side of pony express trail on the northwest corner of the intersection with pony express trail and north street in the pollock pines area supervisor district 5. the project parcel has a general plan designation of commercial Surrounding parcels have a general plan designation of commercial with multifamily residential across Pony Express Trail. The project parcel has a zoning designation of commercial limited. Parcels directly adjacent are also zoned CL, as well as commercial community and multifamily residential. The overall site plan shows the basic layout of the temporary folding tables set back from the road approximately 30 feet from the center line of Pony Express Trail per the Department of Transportation's request. An agreement has been signed with the adjacent church for parking spaces to be available on sale days. Although allowed by right, no sales are proposed to take place indoors. The retail items are stored indoors each night. There is not a specific category of parking requirements for outdoor retail sales in the county's parking and loading standards, though the closest regulation relates to storage for indoor sales. Therefore, parking requirements could be based on the approximate 1,750 square feet of interior storage space, For indoor sales, the code would require one space per 600 square feet of storage, which would equal three parking spaces. Two are clearly marked on the plan. Additionally, this business has an arrangement with the neighboring church with ample parking available. An approved CUP for outdoor sales would in no way preclude future indoor sales at this location. The enlarged site plan shows the proposed portable rolling planters, which provide landscape screening and also serve as a safety barrier for customers. The street view photo represents previous sales where the merchandise was not set back from the road and did not provide any landscape screening with a small orange fence for safety. The proposed temporary layout is substantially set back from both Pony Express Trail and North Street per Department of Transportation requirements. This improves cross visibility at the intersection and reduces the encroachment into the right of way. No exterior alterations or additions are proposed with this conditional use permit. And the proposed outdoor retail sales will be carried out within an existing paved parking lot. Therefore, this project is categorically exempt from the California Environmental Quality Act for Section 15301, Existing Facilities, Class 1. Staff recommends the zoning administrator take the following actions. find the project to be exempt pursuant to CEQA guidelines section 15301, and approve conditional use permit CUP 2517 based on the findings and subject to the conditions of approval as presented. This concludes staff's presentation. The applicant is available online should you have questions.

All right. Thank you, Leila. I don't have any questions at this time. And so I will now open the public comment portion of this item. First, does the applicant wish to comment? If so, please state your name clearly and then provide your comments.

This is Joey DeLeon. Thank you. We can hear you. Okay. I just want to say thank you for taking the time and Everything sounds great. And we will get those surrounding flower beds, whatever is needed to continue our sales.

I have one question for you, if you don't mind. Sure. Wondering about, I imagine because of the elevation and snow and all that, while you seek to do it year round, it'll likely be impacted by seasonality a little bit. Is that accurate?

Yeah, it's seasonal.

Okay, thank you.

Sure, thank you.

So now we'll look to see if anyone else from the public is wishing to comment. Individuals will have three minutes to address the zoning administrator. Public comment will be taken first from those participating in the hearing room and then those participating through Zoom. For those participating through Zoom, please make sure you press the raise hand button and unmute yourself when called upon. If you are joining the meeting by phone, please press star nine to indicate your desire to comment. Please voluntarily state your name for the record. Is there anyone in the room? Seeing none, Debbie, is there anybody online?

There's no public comment.

OK, thank you for that. So I will go ahead and close the public forum, public comment portion of the item. I reviewed the entirety. I appreciate the information and the presentation. It answered a couple of the questions that I had. And with that, I will now take the actions recommended by staff with no changes. This decision is final unless appealed to the Board of Supervisors within 10 working days. So maybe we'll go ahead and do a staff transfer real quick for the next item. I'll give it just a minute. And Debbie, maybe once staff is seated, you can read the next item, please. Thank you. Thank you, sir. Good luck. Thank you.

OK. Item two, appearing to consider Butler's setback reduction project, variance V25-0003, to allow the front setback to be measured from the edge of the maintained area of the road and to allow an existing attached two-car garage serving an accessory dwelling unit at the setback at a setback of 24 feet from that edge on property identified by assessor's parcel number 043-011-008 consisting of 37.55 acres City Council Chambers, located on the West side of Braden road approximately one half mile Southwest of the intersection with myers road in the in the camino area submitted by Dan baxter.

City Council Chambers, I Thank you debbie I see we have staff ready to give a presentation Teresa would you please provide your presentation on the project and your recommendation.

Sure thing. Good afternoon, Zoning Administrator, and thank you, Deborah, for reading the description into the record. My name is Sarisa Deichmann, Assistant Planner with the El Dorado County Planning Division. The project before you is a variance request to allow a front setback reduction measured from the edge of the maintained portion of the county maintained road and to allow an as-built attached two-car garage for an accessory dwelling unit at a 24-foot setback from that edge. This variance request aims to remedy an active code case for an unpermitted accessory dwelling unit or Adu with an attached garage. Approval would allow the issuance of a building permit to bring the structure into compliance and retain the garages covered parking for the Adu. The property is a 37.55 acre parcel in the Camino area, Supervisor District 3. Braden Road bisects the site, creating two internal frontage conditions and additional roadway frontage setback requirements. The subject structure is positioned in the central part of the upper third of the parcel to the west of Braden Road. The project parcel has a general plan designation of rural residential and is border to the east and south by parcels with the same designation, while the parcels to the west and north are designated open space. The project parcel on the adjacent parcels to the east and south or zone rural lands 10 acre wall parcels to the north and west or zone to open space. City Council Chambers, Submitted under building permit number 379511 this hand drawn site plan depicts current site features, including topography and the location of brain road and existing structures. City Council Chambers, The attached garage serving the ad you is highlighted in yellow a little hard to see, but it is highlighted, please note that the North arrow in the upper right hand corner of this site plan is accurate. The structure shown above brain road on this page, which is west of the roadway was previously a 1620 square foot chicken house built approximately in the early 1940s located about 30 feet west of the maintain roadway that structure was demolished around 2019. City Council Chambers, and approximately 2022 a 672 square foot at you with an attached 420 square foot garage was construction constructed partially within the former footprint extending closer to Braden road at a distance of 24 feet West of the maintain roadway. City Council Chambers, According to the applicant the encroachment was driven from site specific factors, including proximity to primary access and existing utilities, rather than an intentional deviation from zoning standards. This slide shows a portion of County Road Map 8J14 highlighting the county maintained portion of Braden Road. Although the portion of Braden Road on the project site is county maintained, it was built prior to modern roadway standards and is comparatively narrow at 10 feet in width. As shown in the topographic survey, the structure is located 24 feet from the edge of Braden Road and 29.3 feet from its center line. Due to the nature of the project site and interior roadway, it is requested that the setback be measured from the edge of the maintained area of Braden Road rather than from its center line as part of the variance. City Council Chambers, In consideration of the narrow 10 foot page width of the county maintain roadway do t's verification of low daily trip volumes and do t's approval. City Council Chambers, subject to an executed hold harmless agreement and final encroachment permit it has been determined that consistent with section 130 5270. City Council Chambers, Of the zoning ordinance variants appropriately includes a request to modify the method of measuring setbacks due to special circumstances applicable to the property. Staff recommends the zoning administrator take the following actions. Find the project to be exempt pursuant to CEQA guidelines 15301 and approve the variance based on the findings and subject to the conditions of approval as presented.

Thank you, Sarisa. I don't have any questions at this time. So with that, I'm going to go ahead and open the public comment portion of this item. First, we'll give an opportunity to the applicant. If they wish to comment, please state your name and then provide any comments. Oh, please. Yeah, if you could speak at the podium, we can capture it in the meeting. Thank you.

My name is Dan Baxter, and we agree with the findings and recommendations of the planning department on this subject. Thank you, sir. Thank you.

Okay, I will now open the public comment portion for the rest of the folks that may want to wish to comment. So if anyone else wishes to comment, individuals will have three minutes to address the zoning administrator. Public comments will be taken from those participating in the hearing room and then from those participating through Zoom. For those participating through Zoom, please make sure you press the raise hand button and unmute yourself when called upon. If you are joining the meeting, By phone, please press star nine to indicate a desire to comment, please voluntarily state your name for the record, I assume, both of you are with the applicant, so I don't see anyone else within the audience so debbie do we have anyone online.

No there's no public public comment.

Okay, so with that I will close the public comment public forum portion of this item just one note that I always like to highlight on these types of applications there's a condition of approval number six as. Teresa indicated, but required execution of a hold harmless agreement that will be directly with the county department of transportation, so you want to reach out to them. You know, to work that condition out so just like to highlight that so everybody is known. And with that, I will go ahead and take the recommendation of staff and approve this item. I do want to identify that this decision is final unless appealed to the Board of Supervisors within 10 working days. And thank you very much for your submittal and good luck. So that it. That is the last agenda on the item today, which concludes our zoning administrator hearing on Wednesday, August 19th, 2026 at approximately 317 PM. I was like, oh my God.