The Planning Commission reviewed this application on July 14, 2022. By a 5-0 vote, the Commission recommended that the Board of Supervisors approve Zone Amendment 22-0003. The Planning Commission resolution and meeting minutes are attached.
The 0.09-acre project site is located at 15393 Highway 299 West, Shasta, CA 96087 (Assessor’s Parcel Number 011-350-009). David Shinn has requested to change the zoning of the project site from the Community Commercial combined with Design Review (C-2-DR) zone district to the Mixed Use (MU) zone district to allow for the conversion of the use of the property and buildings from commercial use to residential use.
General Plan & Zoning – The project site is in the Mixed Use (MU) general plan land use designation and in the C-2-DR zone district. The MU general plan land use designation recognizes that in a rural setting the strict segregation of different land use types which is typically found in urban environments is neither necessary nor practical. At this scale, conflicts which may result from the intermixing of land uses may be addressed by County zoning and development standards relating to screening setbacks and architectural design. Commercial uses that may be permitted include local and tourist-oriented retail uses and professional offices. Residential uses may be permitted at a density of one dwelling per acre if the site is within a rural community center, and one dwelling per two acres if not within a rural community center.
The community of Shasta is not specifically identified as a rural community center in General Plan Table CO-6, Living Environments, but a density of one dwelling unit per acre is appropriate for MU designated/zoned properties in Shasta, if served by the Shasta Community Services District water system based on and consistent with the discussion of MU in General Plan Table CO-8, Commercial Land Use Categories. The subject property at 0.09 acres is substandard in lot size and density, but is a legally created parcel and as such shall be considered a building site provided all applicable development standards are met, or a variance is approved.
The purpose of the MU zone district is to provide for a variety of residential, commercial and light industrial uses that will not cause odors, noise, visual or other adverse impacts. Conflicts that may result from the intermixing of land uses should be addressed by site-specific performance standards. The MU zone district is consistent with the MU general plan land use designation. The proposed rezoning is consistent with the goals, objectives, and policies of the general plan.
Access & Services – Vehicular access to the rear of the project site is from High Street over an existing gravel driveway that crosses a property adjacent to the southwest property line, but the project site has approximately 200 feet of State Highway 299 West frontage. An existing staircase at the front of the lot provides pedestrian access from the front of the property. Water service is provided by the Shasta Community Services District. Sewage disposal is provided by an existing onsite wastewater treatment system. Electric service is provided by the Pacific Gas and Electric Company. Liquid propane gas service is available from local vendors. Police protection is provided by the Shasta County Sheriff’s Office and fire protection services are provided by the Shasta Community Services District. Waste Management provides solid waste disposal service to the area.
Project Analysis – In 1986, the Planning Commission approved a use permit for an architectural studio on the project site. The project site was rezoned to its current C-2-DR zone district as part of the countywide 1989 rezoning effort (Zone Amendment 39-89) to make zoning consistent with the 1984 General Plan update.
A two-story, 774-square-foot architectural studio was built on the project site and received a final inspection on November 15, 1993. There is also an existing 200-square-foot detached commercial storage shed on the project site that was finaled on July 6, 1992. The purpose of the proposed zone amendment is to be able to convert the architectural studio to a one-family residence. A change in occupancy may be costly and requirements may be difficult to meet because to do so would require the structure be brought into compliance with all applicable residential building, fire code, and sewage disposal requirements. Additionally, application and approval of a zoning permit would be required to convert the architectural studio to a one-family residence. Nonetheless, a rezoning to the MU zone district would afford consideration of a wider range of uses for the property in the future regardless of whether the use of property and buildings are converted as planned and the change would not preclude continuation of the current use if the conversion does not come to fruition.
Environmental Determination - The project has been determined not to be subject to the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) since there is no possibility the activity in question may have a significant effect on the environment. Additionally, the project has been determined to be exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1, Existing Facilities). There are no unusual circumstances under State CEQA Guidelines section 15300.2(c). Each exemption stands as a separate and independent basis for determining that the project is exempt from CEQA.