Planning Commission Meeting Minutes s1

APPROVED MINUTES LASSEN COUNTY PLANNING COMMISSION JUNE 4, 2008

The Commission convened in regular session at 1:10 p.m. in the Board of Supervisors chambers, 707 Nevada Street, Susanville, CA. Chairman Rick Stewart presided, with Commission members Bob Beckett, Mark Totten, Toni Poulsen, and Aaron Albaugh present. Also present were Conrad Montgomery, Planning Commission Secretary, Community Development Staff; and Recording Secretary Kearstin Nahhas.

GENERAL UPDATE OF PLANNING ACTIVITES Mr. Montgomery informed the Commission that the rezone applications for Sierra Pacific Industries will go before the Board of Supervisors at their June 10, 2008, meeting. He distributed a flyer regarding the Sierra Foothill Regional Smart Growth Conference that will be held in October of this year (Exhibit A).

MATTERS INITIATED BY THE COMMISSIONERS Commissioner Albaugh requested that a tour of the Hayden Hill Gold Mine site be scheduled. Mr. Montgomery updated the Commission regarding the power line, located at the Hayden Hill Gold Mine Site, stating that Lassen Municipal Utilities District has taken over the power line.

Commissioner Stewart wanted clarification regarding the ordinance adopted by the Board of Supervisors regarding roof pitches. Mr. Bertotti responded that staff brought the recommendation from the Planning Commission to the Board and they made a few changes including a 6:12 pitch if the project site was in a greater snow load area. Staff modified the ordinance based on the Board of Supervisors direction and that was adopted. He stated that the Board has directed staff to bring the ordinance back for some changes and he is not sure if that has to be brought back to the Planning Commission. Discussion was held regarding the Commission not receiving the minutes from the Board of Supervisors meetings in a timely manner and how it affects them not being able to keep up to date with what the Board is doing.

CORRESPONDENCE There was no new correspondence not included in the Commissioners’ packets.

PRESENTATION BY STAFF None

APPROVAL OF MINUTES It was moved by Commissioner Beckett, seconded by Commissioner Albaugh, and carried to approve the May 7, 2008, Planning Commission meeting minutes.

MATTERS INITIATED BY THE GENERAL PUBLIC None

A brief recess was held from 1:22 p.m. to 1:30 p.m.

PUBLIC HEARING: PARCEL MAP EXTENSION #2004-166. Thomas and Cindy Shattuck. Planning Commission Meeting Minutes June 4, 2008 Page 2 of 8

Michael Wood, Assistant Planner, presented the staff report, which would extend the expiration date of Tentative Parcel Map #2004-166 until May 4, 2009. The project involves the proposal to divide a 14.48 acre parcel into two four acre parcels, with a 6.48 acre remainder parcel. The project site is zoned A-2-B-4 (Agricultural Residential, Building Site Combining District with a 4 acre minimum parcel size) and is located at 457-450 Honey View Lane, approximately 2 miles south of Janesville. An overhead graphic of the project site was provided.

The applicants were not present.

The public hearing was opened at 1:31 p.m.

Commissioner Totten wanted clarification regarding whether or not there was a road maintenance agreement. Mary Loflin, Surveyor’s Office, clarified that there is a condition that a road maintenance agreement be entered into.

The public hearing was closed at 1:32 p.m.

MOTION It was moved by Commissioner Albaugh, seconded by Commissioner Poulsen, and carried to adopt Resolution #06-01-08, approving Parcel Map Extension #2004-166, Thomas and Cindy Shattuck, subject to the conditions of approval.

PUBLIC HEARING: PARCEL MAP #2008-015, John and Keri Richards.

Thomas Maioli, Assistant Planner, presented the staff report, describing the project which would divide a 160 acre parcel into one “homesite” parcel of 5.45 acre with a remainder of 154.55 acres, pursuant to County Code Section 18.108.250 “Segregation of Homesites in Agricultural Zones.” The project is exempt from the California Environmental Quality Act under Section 15300.4 of the Guidelines. The project site is zoned E-A-D (Exclusive Agricultural District, Design Combining District) and is located on Standish-Buntingville Road (Co. Rd. A-30), south of Capezzoli Lane in Standish. Mr. Maioli explained that if the Commission were to grant the request for a parcel map waiver, condition #2 of the Resolution could be removed.

John and Keri Richards, applicants, were present.

Mrs. Richards wanted clarification regarding condition #9 of the Resolution requiring the applicants to have the project site surveyed. Ms. Loflin explained that the County Surveyor’s office is recommending that the project site be surveyed to monument the north-south lines of the highway to help establish where the right of way is.

John Richards, applicant, addressed the Commission stating that they asked for a waiver because of the configuration of the newly created parcels and that the road for the project site is right on a section line which is why he does not understand the need to have the project surveyed.

Keri Richards, applicant, further explained that there are no plans to change the location of the existing road.

The public hearing was closed at 1:50 p.m. Planning Commission Meeting Minutes June 4, 2008 Page 3 of 8

MOTION It was moved by Commissioner Totten and seconded by Commissioner Poulsen to adopt Resolution #06-02-08, approving Parcel Map #2008-025, Richards, with the removal of condition #2 requiring the applicant to submit a map according to Chapter 16.05 of the County Subdivision Ordinance.

Commissioner Albaugh wanted clarification regarding condition #9 of the Resolution regarding establishing a monument of the north side of the road. Ms. Loflin explained that if the center line is not where the parcel is established then the property line could be wrong and using the overhead graphic identified where the monuments need to be established.

VOTE: Motion to adopt Resolution #06-02-08 approving Parcel Map #2008-015, Richards, with the removal of condition #2 passed unanimously.

PUBLIC HEARING: NEGATIVE DECLARATION AND PARCEL MAP #2007-107, Wilson and Ruth Mallery.

Gaylon Norwood, Associate Planner, presented the staff report describing the project, which would divide a 307 acre parcel into two parcels: proposed parcel A would be 136 acres and proposed parcel B would be 171 acres. The project site is zoned E-A (Exclusive Agricultural) and is located approximately 1.5 miles south of Susanville and approximately 2,000 feet southeast of the intersection of Susan Hills Drive and Richmond Road. An overhead graphic identifying the project site was provided. Mr. Norwood explained that the applicants are requesting a parcel map waiver but the Technical Advisory Committee is recommending that a parcel map be completed because of the notes that need to be placed on the map.

Mr. Norwood discussed a portion of the tentative map that contained a portion of an adjoining parcel to the south (also owned by the applicant), that was included on the map in error. He explained that since it is not involved in this project, condition #1 requiring the applicant to record a Lot Line Adjustment prior to recordation of the final map could be removed.

Commissioner Totten wanted clarification regarding whether or not the project was in the Richmond School District; Mr. Norwood responded that it is.

The public hearing was opened and closed at 2:00 p.m. with no one speaking for or against the project.

Ms. Loflin discussed the confusion regarding the portion of the map that contains the properties involved in the Lot Line Adjustment. She stated that she was faxed a map with a different configuration than what is in front of the Commission today (Exhibit B), and if the applicant were to go with the map was faxed to her, then removing condition #1 regarding the Lot Line Adjustment would not be justified.

Commissioner Totten suggested that this project be continued until the July 2, 2008, Planning Commission meeting until the applicant decides which configuration he would like to go with. Planning Commission Meeting Minutes June 4, 2008 Page 4 of 8

MOTION It was moved by Commissioner Totten and seconded by Commissioner Poulsen to continue Negative Declaration and Parcel Map #2007-107, Wilson and Ruth Mallery, until the July 2, 2008, Planning Commission meeting. Mr. Norwood stated that the map Public Works is referring to had not been submitted to Community Development staff and that the configuration would need to be analyzed by staff.

VOTE: Motion to continue Negative Declaration and Parcel Map #2007-107, Wilson and Ruth Mallery, to the July 2, 2008, Planning Commission meeting carried unanimously.

PUBLIC HEARING: MITIGATED NEGATIVE DECLARATION #2004-091 AND PARCEL MAP #2008-012, Norman Allen.

Gaylon Norwood, Associate Planner, presented the staff report describing the project, which would divide a 57 acre parcel into four parcels with a 23 acre remainder parcel. Proposed parcel A would be 10 acres, proposed parcel B would be 7 acres, proposed parcel C would be 6 acres, and proposed parcel D would be 11 acres. The applicant has incorporated .6 to .8 acre designated building sites on the proposed parcels for future grading and construction of residential structures. The project site is zoned A-2-B-9 (Agricultural Residential, Building Site Combining District with a 9 acre minimum parcel size). The applicant is requesting use of the Density Option, pursuant to §18.84.060 of Lassen County Code, for proposed parcels B and C which are smaller than the specified minimum. For primary access to the parcels, the applicant proposes to use a 50’ wide road easement, which connects to Mountain Way (Co. Rd. JV-01). For emergency access, the applicant proposes to utilize existing 40’ and 32’ wide road easements, which connect to Check Lane (a private road) and then to Main Street (Co. Rd. 235). The subject property is located approximately 1,600 feet south of the County maintained portion of Mountain Way (Co. Rd. JV-01) and approximately ½ mile south of Janesville. An overhead graphic identifying the project site was provided.

Norman Allen, property owner, was present.

Ted Check, applicant, was present.

Norman Allen, property owner, stated that when he bought the property he had an agreement that he would subdivide the land in the future. He stated that it is minimal development that fits in with the community.

Grecia Hoehn, Check Lane resident, addressed the Commission with concerns regarding water, future development, and whether or not trees would have to be removed if the road is widened.

Stewart Kenneworthy, resident of Mountain Way, addressed the Commission with concerns regarding maintenance of the road and requested that an Environmental Impact Report be completed. Planning Commission Meeting Minutes June 4, 2008 Page 5 of 8

Gary Moffett, resident of Mountain Way, voiced concerns with the use of Mountain Way because of the steep grade and the deteriorated conditions of the road.

Michelle Aerola, resident of Check Lane, voiced concerns with the use of Check Lane as an emergency access and water, dust, and soil concerns.

Tim Zedal, resident of Mountain Way, voiced concerns with using Mountain Way as the primary access, and had water and air pollution concerns. He stated that the project should remain consistent with the zoning and be required to have nine acre minimum parcel sizes rather than allowing the applicant to use the density option.

Michelle Aerola, resident of Check Lane, stated that the easement the applicant is proposing to use is not the original access to the site.

Laura Zedel, resident of Mountain Way, voiced concerns with not having a response from the Department of Water Resources or the Air Pollution Control Officer, and stated concerns with traffic, noise, dust, and the addition of wood stoves.

Dave Noble, resident of Mountain Way, voiced concerns with erosion, traffic, and dust.

Frank Shavel, resident of Check Lane, voiced concerns with the water table, traffic, and dust.

Dave Noble, resident of Mountain Way, voiced concerns regarding water and wells.

Stewart Kenneworthy, resident of Mountain Way, voiced concerns with the easement on Mountain Way stating that the applicant can not cut the road anymore to get grade because the dirt is horrible and there are already erosion problems on the sides of the road.

Norm Allen, property owner, addressed the Commission stating that they are wetting the road to help with the dust hazards; the steep grade on Check Lane will be paved and there will be riff raff on the sides of the roads to protect from the erosion. He believes that this property is a good place for development.

Tim Zadel, resident of Mountain Way, reiterated that dust will be a problem.

Mr. Norwood read an e-mail received from Johnny and Linda Larsen (Exhibit C) into the record regarding concerns with increased traffic.

A brief recess was held from 2:50 p.m. to 2:56 p.m.

Commissioner Poulsen wanted clarification regarding whether or not Mountain Way was paved. Ms. Loflin explained that Mountain Way is paved to a certain point and that the paved portion that is in the County Maintained System is 300 feet shorter than it should be. Ms. Loflin explained that when the parcel map that created this parcel was approved, one of the conditions was that they needed to pave that 300 feet but when the final map was recorded, that condition had not been met and the County is now responsible for paving that 300 feet section. She further explained that the portions of the road that are over an 8% grade will have to be paved, otherwise the Surveyor’s office is recommending that a rural road standard be applied which is not a paving Planning Commission Meeting Minutes June 4, 2008 Page 6 of 8 standard. Cal Fire has recommended that the entire road be paved to deal with the washout but it is the Commission’s discretion whether or not they will require the whole road to be paved or just the portions that are over 8%.

Commissioner Albaugh wanted clarification regarding the size of the easement of Check Lane. Ms. Loflin responded that the applicant will not be able to obtain another eight feet for the easement on Check Lane; the existing 32 foot easement will be sufficient.

Commissioner Beckett wanted clarification regarding how much of the road is over 8%. Ms. Loflin responded that one condition is to hire an engineer and pave anything over 8%.

Commissioner Beckett referred to a letter received in the correspondence section of the packet which discusses Pine Needle Lane and the applicant utilizing that road for secondary access. Ms. Loflin responded that Pine Needle Lane does not have a complete ingress and egress and that most of that road is private so the applicant would have to obtain a deed for that part of the road. Commissioner Beckett stated he is curious if the applicants could use Pine Needle Lane. Ms. Loflin responded that the applicant would have to work with the property owners because the road is private.

Discussion was held regarding the location of Pine Needle Lane and whether or not the applicant could tie into Janesville Grade if Pine Needle Lane was used for an access.

Commissioner Totten discussed some of the issues brought forward by the neighboring property owners including the water concerns, the 300 feet paving issue that will be addressed, the removal of trees to make enough room for the right of way, and stated that the gate issue concerns him because there should not be a locked gate that will impede the public.

Commissioner Stewart wanted clarification regarding the Department of Water Resources and why there was no report received. Mr. Norwood responded that they were notified through the State Clearinghouse and he is not sure why no response was received.

Commissioner Albaugh wanted clarification regarding whether or not the applicant thought of using Pine Needle Lane for a secondary access. Norm Allen, applicant, responded that he is not sure the owner would allow access through his property.

Discussion was held regarding continuing the project until next month to allow the applicant time to work with the property owner on Pine Needle Lane to see if he would allow a secondary access through his property, and having staff contact the Department of Water Resources to solicit their comments.

MOTION It was moved by Commissioner Totten and seconded by Commissioner Albaugh to continue Mitigated Negative Declaration #2004-091 and Parcel Map #2008-012, Norman Allen, to the July 2, 2008, Planning Commission meeting.

Discussion was held regarding the applicant working with Cal Fire and the Public Works Department to explore the option of using Pine Needle Lane as a secondary access.

VOTE: Planning Commission Meeting Minutes June 4, 2008 Page 7 of 8

Motion to continue Mitigated Negative Declaration #2004-091 and Parcel Map #2008-012, Norman Allen, to the July 2, 2008, Planning Commission meeting passed with Commissioners Albaugh, Beckett, Poulsen, Totten, and Stewart voting ‘Aye’.

PUBLIC HEARING: USE PERMIT #2008-019, Robert Harvey.

Gaylon Norwood, Associate Planner, presented the staff report, describing the project which would allow a temporary 197 foot tall meteorological tower. The project is exempt from the California Environmental Quality Act under Section 15306 of the Guidelines. The project site is zoned U-C-A-P (Upland Conservation, Agricultural Preserve Combining District) and is located approximately 4 miles northeast of Termo. The proposed tower location is approximately 5,000 feet east of Jones Road (Co. Road 522) and 5,000 feet north of Juniper Ridge Road (Co. Road 508).

Mr. Norwood provided clarification to Commissioner Poulsen that the tower will be located on the flat portion of the project site.

Mr. Norwood provided clarification to Commissioner Stewart that the tower is located about four miles from Highway 395.

Johnny Yount, adjoining property owner, addressed the Commission stating that he does not really have any concerns; he is here to receive as much information as possible.

Commissioner Albaugh stated that this meteorological tower should be approved because it is in a flat, not noticeable from Highway 395, and we need to find out the wind resource in the County. The Federal Government has mandated green power and we need to support these types of projects.

MOTION It was moved by Commissioner Albaugh and seconded by Commissioner Totten to adopt Resolution #06-03-08, approving Use Permit #2008-019, Robert Harvey, with the added condition that the applicant submit all raw data to the Community Development Department on a monthly basis in a manner specified by the County.

Commissioner Beckett stated that the location of this meteorological tower is a good choice.

VOTE: Motion to adopt Resolution 06-03-08 approving Use Permit #2008-019, Robert Harvey with the added condition that the applicant submit all raw data to the Community Development Department on a monthly basis in a manner specified by the County, passed unanimously.

CORRECTION OF TYPOGRAPHICAL ERROR- CONDITIONAL CERTIFICATE OF COMPLIANCE #2008-002 (Holt).

Gaylon Norwood, Associate Planner, presented the staff report, explaining that the Commission needs to adopt a Resolution to correct a typographical error contained in Resolution 05-02-08, Planning Commission Meeting Minutes June 4, 2008 Page 8 of 8 adopted by the Planning Commission on May 7, 2008, for the Appeal of the Technical Advisory Committee’s approval of Conditional Certificate of Compliance #2008-002. He stated that finding #5 of Resolution 05-02-08 reads, “The Planning Commission grants the applicant’s appeal of the Technical Advisory Committee’s decision to direct the Lassen County Surveyor’s Office to record a Notice of Violation for Assessor’s Parcel Numbers 115-230-13; 115-230-16; 115-230-17; 115-230-18; 115-230-19; 115-230-20; 115-230-21; 115-230-22; 115-230-23; 115- 230-24; 115-230-25; 115-230-26; 115-230-27, subject to the conditions set forth is Exhibit A.” The correcting resolution is re-numbered and reads, “The Planning Commission hereby directs the Lassen County Surveyor’s Office to record a Notice of Violation for Assessor’s Parcel Numbers 115-230-13; 115-230-16; 115-230-17; 115-230-18; 115-230-19; 115-230-20; 115-230- 21; 115-230-22; 115-230-23; 115-230-24; 115-230-25; 115-230-26; 115-230-27, subject to the conditions set forth if Exhibit A.”

Mary Loflin, Surveyor’s Office, discussed the merger process they have started and distributed a copy of the process and the Notice of Intention that was filed and recorded with the County Recorder’s office (Exhibit D). This is the first step that needs to be completed in the process.

Commissioner Stewart wanted clarification regarding how this relates to what the Commission is doing today. Mr. Bertotti responded that the process started through the Surveyor’s Office is good for Mr. Holt, but it does not correct the language on the Resolution. The Commission established the remedy now the applicant needs to pursue the remedy.

Commissioner Totten wanted clarification regarding whether or not the action taken today to correct the Resolution would affect the process started through the County Surveyor’s office. Mr. Bertotti responded that it would not affect the process started.

MOTION It was moved by Commissioner Totten, seconded by Commissioner Beckett, and carried to adopt Resolution #06-04-08, correcting a typographical error contained in Resolution #05-02-08, adopted by the Planning Commission on May 7, 2008.

There being no further business the meeting was adjourned at 4:01 p.m.