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Sutter County Planning Commission approves variance to legalize 6-foot fence at Nicholas Tavern
Summary
The Sutter County Planning Commission approved a variance allowing a six-foot wood fence within a 15-foot front-yard setback at Nicholas Tavern (979 Nicholas Avenue), finding no foreseeable negative impacts; staff said the fence was built for security and to comply with Alcoholic Beverage Control standards and deemed CEQA-exempt under section 15305(a).
Sutter County’s Planning Commission voted to approve a variance for Nicholas Tavern on a 4-0 vote, allowing a six-foot solid wood fence to remain within the 15-foot front-yard setback.
Associate planner Ravenna Soroya told the commission the parcel at 979 Nicholas Avenue (Assessor’s Parcel No. 33-153-018) has mixed zoning and that the new fence sits in the general commercial portion roughly five feet from the right-of-way. "The applicant is seeking to approve a variance to legalize a new fence that was constructed within the front 15 foot setback," Soroya said, and staff recommended forwarding the variance to the Board of Supervisors with the findings and attached conditions. Soroya said the project was determined to be exempt from CEQA pursuant to section 15305(a).
Commissioner Campbell asked how the matter arose. "How did this get brought to us? Was there a complaint from a resident, or did the county building inspector..." he asked. Soroya responded that the issue originated with a previous development services staff member who raised the concern about the fence location and noted the applicant said the fence was installed primarily for security and to comply with Department of Alcoholic Beverage Control standards.
No members of the public spoke during the hearing. After closing the public comment period, Commissioner Campbell moved to approve the variance "as presented by staff and written in the agenda," and Commissioner Schmittel seconded. The roll call recorded affirmative votes from Commissioners Schmittel, Dasher, Marler and Campbell; the Chair announced the motion carried.
The commission also handled routine business: the consent calendar was approved by voice vote, and after a legal clarification concerning ministerial minutes under the Brown Act the commission reconsidered and approved the minutes from the June 18 meeting. An unidentified staff speaker stated that minutes are deemed ministerial under the Brown Act and described the voting implications for ministerial matters.
In other business, staff member Hay said he would look into the county’s advisory seat on a Yuba City panel after Commissioner Campbell reported the county currently has no vote on that body following recent redistricting and council appointments. Campbell also noted Yuba City is working on an ordinance to regulate sidewalk food vendors near locations such as the Moose Lodge.
The meeting concluded after a motion to adjourn.
Votes at a glance: the variance for Project U22-35 (Nicholas Tavern) passed on a roll-call vote with Commissioners Schmittel, Dasher, Marler and Campbell voting yes; no public opposition was recorded.
