CITY OF AMADOR CITY
AGENDA OF THE REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 15, 2022, 7:00 p.m.
This will be a hybrid meeting - in person at the City Hall
SPECIAL NOTICE
Pursuant to Paragraph 11 of Executive Order N-25-20, executed by the Governor of California on March 12, 2020, as a response to mitigating the spread of coronavirus known as COVID 19; and Resolution 590 passed by the City Council of Amador City on October 19, 2021, during the March 15, 2022, meeting of the City Council of Amador City California, Council Members and members of the public will be allowed to join via Zoom. See Zoom information on separate page.
As of August 2,2021, the State of California requires masks for unvaccinated people and recommends masks for everyone in Indoor settings, including local government offices. Therefore, we respectfully request that you wear a mask if you attend this meeting In person.
Call to Order
Pledge of Allegiance
Roll Call
Approval of Agenda, Minutes of February 15, 2022, meeting and Financial Statements Public Matters Not on agenda -Discussion items only, no action to be taken. Any person may address the council at this time on any subject matter within the jurisdiction of the Amador City Council. Any item that requires action will be deferred to a subsequent council meeting. Fiveminute time limit. Members of the public wanting to address the Council, either during public comment or for a specific agenda Item, or both are requested to send an email notification no later than 6:00 p.m. on the day of the meeting to citv.clerkOamador-citv.com. Public comment should identify the agenda item it seeks to address and be limited to 300 words or less. Public comment will be read at the time such agenda Item it references is called.
Public Comment
Public Hearing
1. 2.
3. 4.
5. 6.
7. A. LaVigna-Jeffries Variance-Resolution #598
B. Sewer Study Update
C. Park Ad Hoc Committee Update
D. Short-Term Rental Ad Hoc Committee Update
E. Powder House Update
F. Permit Tracking
G. Committees: ARSA, Air, ACRA, Culbert Park, Design Review, ACTC/RTMF, LAFCO, Homeless, BNB/VRBO, Museum, Cemetery, Maintenance, Powder House, Fire In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, then please contact Joyce Davidson at (209) 890-6284 or e-mail citv.clerk(5)amador-citv.com.
Requests must be made as early as possible, and at least two full business days before the start of the meeting.
CITY OF AMADOR CITY
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
TUESDAY February 15, 2022 7:00 p.m.
This will be a hybrid meeting - in person at the Community Center in the City Hall
SPECIAL NOTICE
Pursuant to Paragraph 11 of Executive Order N-25-20, executed by the Governor of California on March 12, 2020, as a response to mitigating the spread of coronavirus known as COVID-19, during the January 18, 2022, meeting of the City Council of Amador City, California members of the public will be allowed to join Zoom Meeting.
Zoom information - see next page.
As of August 2, 2021, the State of California requires masks for unvaccinated people and recommends masks tor everyone in indoor settings. Including local government offices.
Therefore, we respectfully request that you wear a mask if you attend this meeting in person.
Call to Order
Pledge of Allegiance
Roll Call - Kel-Artinian, Bragstad, Robinson, Marks, Smith present Approval of Agenda, Minutes of January 18, 2022, meeting and Financial StatementsSmith moved, 2"«^ by Bragstad, approved as to agenda. Financial Statements - Bragstad moved, 2"'' by Smith, approved as to financials.
Public Matters Not on the Agenda - Discussion items only , no action to be taken. Any person may address the council at this time on any subject matter within the jurisdiction of the Amador City Council. Any item that requires action will be deferred to a subsequent council meeting. Five-minute time limit - Another fire was reported on the Gornet property.
1. 2.
3. 4.
5. Members of the public wanting to address the Council, either during public comment or for a specific agenda item, or both, are requested to send an email notification no later than 6:00 p.m. on the day of the meeting to [email protected] . Public comment should identify the agenda item it seeks to address, and be limited to 300 words or less. Public comment will be read at the time such agenda Item it references is called.
6. Public Comment
7. Public Hearing
A. City Attorney Resignation - Letter of resignation received from city attorney, Greg Wayland.
City Wide Wild Fire Safety Meeting to be held in Community Center with Dominic Moreno, Feb. 26, 10 a.m. to 12 p.m.
Resolution #598 - Approving Variance for APN008-283-002 - Lavigna and Jefferies - One neighbor present with protest. No vote taken.
Encroachment Permit Application Revision - Smith moved, 2^^ by Robinson, approved unanimously.
Permit Tracking Form - Discussion only
B.
C.
D.
E.
City Planning Discussion ~ Discussion only -Susan Peters was suggested as a possible Planner for Amador City. Vice Mayor Bragstad will discuss with Susan Peters.
ACBCA Proposal - Discussion only - Mayor Kel-Artinian suggested taking just two items at a time for possible action.
City Hall Park Update - Suggested park be divided into two areas, one for children and one for adults which would Include a basketball court.
Short Term Rental Committee Update - Names submitted for Committee: Mrs. A.
Lyons, Mr. R. Brusatori, Mrs. Jllllan Wittman, Councilman Marks.
F.
G.
H.
Committees: ARSA-Will meet soon; Air-Fed money, $16,000; ACRA-After School Pilot Program approved, April 9 run, BBQ at SC Fire Station; Cuibert Park-Nothing; Design Review-Nothing; ACTC/RTMF-Regional Walking & Biking Path, mark up map being developed; LAFCO-Jan. meeting cancelled; Homeless-Nothing; BnB/VRBOdiscussed earlier in meeting; Museum-Nothing; Cemetery-Advice from arborist Oak Tree should be removed; Maintenance- Jeff Campbell to install Speed Signs, repair broken signs and install speed bums; Powder House-Getting close of finalizing; FireFeb. 26 meeting with Chief Moreno, green waste bin at S.C. Fire Station.
J.
Meeting adjourned 8:48 p.m.
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, then please contact Joyce Davidson at (209)890-6284 or e-mail city.clerkig-amador-citv.com. Requests must be made as early as possible, and at least two full business days before the start of the meeting.
RESOLUTION NO. #598
A Resolution of the City Council of the City of Amador City, California Approving Variance for APN 008-283-002
10630 Fremont Mine Road
WHEREAS, application for side yard setback reduction has been received from James Lavigna and Dorianne Jefferies in accordance with Chapter 17.76.020 of the City Code; and WHEREAS, application has been reviewed by the City Engineer, Planner, Building Official and found to be complete in accordance with City Code; and WHEREAS, side yard set-back variance is “minor alterations in land use limitations’" and is categorically exempt pursuant to Section 15305 of the California Code of Regulations, Title 14, Chapter 3; and
WHEREAS, yard variance to accommodate appurtenant residential construction is consistent with the General Plan and City Code of Amador City; and WHEREAS, City Council acts on Variance Requests pursuant to Chapter 17.76 of City Code; and
WHEREAS, application for side yard variance has been noticed as required by City Code and public testimony heard by the City Council, and WHEREAS, Staff Report and public testimony were received and duly considered; and WHEREAS, Findings A-D of Staff Report have been made in support of front yard setback variance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Amador City does hereby approve side yard set-back to allow existing structure to remain on APN 008-283-002; and
BE IT FURTHER RESOLVED variance is applicable only to existing appurtenant, and subject to conditions 1. 2, and 3 of Staff Report.
The foregoing resolution was duly passed and adopted by the City Council of the City of Amador City at a regular meeting on the 15th day of March 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF AMADOR CITY
Mayor
ATTEST:
City Clerk
CITY OF AMADOR CITY
MEMORANDUM
TO: City Council /v
FROM: City PI
RE: Lavigna-Jefferies Variance Request
10630 Fremont Mine Road, Amador City
APN 008-283-002
DATE: December 22, 2021
BACKGROUND
Applicants built a detached deck with arbor adjacent to their Single-Family Dwelling without the benefit of a Building Permit or Planning Approval. The deck as constructed encroaches into the required 5’ side yard setback as it is built right on the property line (i.e. no setback). The arbor is built with one of its four support posts 3’ from the property line, encroaching 2’ into the required 5’ setback. Work was complete when discovered by the Building Official.
ISSUE
Normal process for dealing with building violation of this type requires permit issuance with a double permit fee and correction of any building violations. City Code typically requires a setback of 5 feet from the side property line for any structure in a residential zone. To allow a permit to be issued for construction of the existing deck with arbor, a variance must be granted pursuant to Chapter
17.76, “Variances and Zone Changes,” of the City Code. This requires findings by the City Council that A, B, C, and D of Section 17.76.030, “Necessary Conditions,” exist:
A. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, that do not apply generally to the property or class of use in the same zone and vicinity;
B. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or vicinity is which the property is located;
C. That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by other property in the same zone and vicinity;
D. That the granting of such variance will not adversely affect the comprehensive general plan.
CONSIDERATIONS
Since the applicant's request is to allow the deck with arbor to constructed, the question becomes whether allowing the structure to remain with the reduced side yard setback ... “assure that the spirit and purpose of this title (i.e. Chapter 17.76)...’’ be observed, public safety and welfare secured, and substantial justice done.
The deck and arbor design has been approved through the design review process.
There are examples of similar construction in the City.
Failure to grant the variance will require removal of improvements in the 5-foot side yard area.
remain as
RECOMMENDATION
Subject to testimony heard or written received at City Council meetings, the City Council could make the required findings and conditionally grant a reduced side yard setback variance. Conditions A, B and C are key in this application.
Recommended conditions, should the variance be granted
1. No portion of the structure, including roof overhang, shall extend beyond the property line.
2. Applicant shall secure building permit with plan view and notes that reference these conditions within 30 days of Variance approval.
3. Applicant shall pay double permit fee as set forth in California Building Code. are;
Action Required
City Council may;
A. Continue or deny application by minute order
B. Approve by resolution
City Building Official will attend City Council Meeting to further address this issue should it be needed.
A draft resolution is attached, should Council approve the variance. cc Gregory Wayland, City Attorney
Joyce Davidson, City Clerk
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AMADOR CITY
City Clerk: Joyce Davidson (209) 267-0682
Building
Permit Application
Date
Final
inspection
Date
Applicant Owner’s Last Name / Address Permit Fee Scope of Work Total
Permit Issue
No. Date
030 1/11/2022 Ken Munson Munson - 10609 Fleehart Street 1/11/2022 275.50 Upgrade main electric to 200 amp 031 1/19/2022 Mountain Air Pelletier - 10971 Amador Creek Road 1/19/2022 276.45 HVAC Upgrade 2/8/22 ON HOLD 032 1/25/2022 Sarkis Kel-Artivian Kel-Artivian -14410 Keystone Alley Russell Robinson Robinson - 14238 Gods Hill Road 2/7/2022 613.50 Kitchen remodel 033 2/7/2022 034 2/2/2022 Tim Thornhill Munson - 10620 Fleehart Street 2/7/2022 276.17 Roof replacement Trench utilities, wastewater lines, grade parking lot
and garden area, pour walkways and foundations,
build shed to match
035 2/3/2022 Break Even Beetmakers Carter-14141 Old Route49 3/10/2022 3,475.32 Deck extension 036 1/29/2022 Helen Foraker Foraker - 10640 Oneil Alley 037 1/29/2022 Helen Foraker Foraker - 10640 Oneil Alley Swim spa permit for electric swim spa 038 1/29/2022 Helen Foraker Foraker - 10640 Oneil Alley Spa permit for electrical hot tub Graziadei - 14541 Church Street 883.15 Add bathroom to existing space 039 3/1/2022 Joey Pechette