Item Coversheet

REPORT TO SHASTA COUNTY BOARD OF SUPERVISORS


BOARD MEETING DATE:  September  19, 2017
CATEGORY:  Scheduled Hearings - General Government-4.

SUBJECT:

County Service Area (CSA) No. 6-Appeal Variance Denial-Ordinance No. 719

DEPARTMENT: Clerk of the Board

Supervisorial District No. :  3

DEPARTMENT CONTACT:  Julie Hope, Principal Administrative Analyst, (530) 225-5550

STAFF REPORT APPROVED BY:  Julie Hope, Principal Administrative Analyst

Vote Required?

Simple Majority Vote
General Fund Impact?

No General Fund Impact 

RECOMMENDATION

Take the following actions regarding Ordinance No. 719, an Urgency Ordinance declaring a water shortage emergency and a necessity for a water conservation program and adopting a water conservation program for County Service Area No. 6-Jones Valley Water:  (1) Consider an appeal of the denial of a request for variance for Assessor Parcel Number 304-130-022-000, Catherine B. McCandless; (2) conduct a public hearing pursuant to Shasta County Administrative Policy 1-101, Rule 8; (3) close the public hearing; (4) approve, modify, or deny the variance request; and (5) provide direction to staff. 

SUMMARY

N/A

DISCUSSION

The Board adopted and enacted Ordinance on June 27, 2017. Section 5, Water Use Limitations, subsection (C) states:  "If the [Public Works] Director grants a variance, the maximum permitted water consumption shall be as determined by the Director, and the civil penalty provisions prescribed in this Ordinance shall apply to the increased maximum permitted water consumption. The Director shall inform the water consumer seeking a variance of the decision within 30 days of the Director’s receipt of the request for a variance. Service of the Director’s decision shall be by first-class mail addressed to the water consumer at the address given by the water consumer in the request for a variance and shall be deemed received by the water consumer five days after the date of mailing. The water consumer may appeal the Director’s decision to the Shasta County Board of Supervisors (“BOS”) by filing an appeal. The water consumer’s appeal must be received by the Clerk of the Board within 30 days of the receipt by the water consumer of the Director’s decision. The Clerk of the Board shall set the matter for hearing before the BOS and shall inform the water consumer seeking a variance of the BOS’s of the date, time and place of the hearing of the appeal and shall inform the water consumer seeking the variance of the BOS decision. The BOS’s decision on the appeal shall be final."

 

Catherine B. McCandless submitted a request for a variance on July 30, 2017 and the Public Works Director denied the request on August 17, 2017. As the ordinance allows, on August 29, 2017 Ms. McCandless submitted a request to the Clerk of the Board to have the BOS consider her appeal to the denial of her variance request.

 

Ms. McCandless carries the burden of proving that the variance request should be granted. The BOS can consider all evidence, written or oral, presented and make an independent (de novo) determination of the request for the variance.

ALTERNATIVES

The Board may choose to grant or deny the variance request.

OTHER AGENCY INVOLVEMENT

County Counsel has reviewed the recommendation. The County Administrative Office has reviewed the recommendation.

FINANCING

There is no General Fund impact associated with either outcome of the Board's action.

ATTACHMENTS:
DescriptionUpload DateDescription
Ordinance 7198/29/2017Ordinance 719
Variance Request8/29/2017Variance Request
Variance Denial8/29/2017Variance Denial
COB Letter9/12/2017COB Letter