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Mono County ¡Lanning Commission Agenda

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Mono County ¡Lanning Commission Agenda MONO COUNTY PLANNING COMMISSION PO Box 347 PO Box 8 Mammoth Lakes, CA 93546 Bridgeport, CA 93517 760.924.1800, fax 924.1801 760.932.5420, fax 932.5431 [email protected] www.monocounty.ca.gov AGENDA THURSDAY, JULY 9, 2015 – 10 a.m. Supervisors Chambers, County Courthouse, Bridgeport *Videoconference: Town/County Conference Room, Minaret Village Mall, Mammoth Lakes Full agenda packets, plus associated materials distributed less than 72 hours prior to the meeting, will be available for public review at the Community Development offices in Bridgeport (Annex 1, 74 N. School St.) or Mammoth Lakes (Minaret Village Mall, above Giovanni’s restaurant). Agenda packets are also posted online at www.monocounty.ca.gov / boards & commissions / planning commission. For inclusion on the e- mail distribution list, interested persons can subscribe on the website. *Agenda sequence (see note following agenda). 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE 2. PUBLIC COMMENT: Opportunity to address the Planning Commission on items not on the agenda 3. MEETING MINUTES: Review and adopt minutes of May 14, 2015 (no June meeting) – p.1 4. PUBLIC HEARING 10:10 A.M. USE PERMIT 15-003/Ohanas to allow for operation of a year-round mobile food trailer (8’ x 16’) on a parcel adjacent to the June Lake Brewery and General Store (APN 015-113-054) to sell retail food and beverages to the public. The project qualifies as a CEQA exemption. Staff: Courtney Weiche, associate planner – p.7 5. WORKSHOP: GENERAL PLAN CIRCULATION ELEMENT. Staff: Gerry Le Francois, principal planner, and Wendy Sugimura, analyst – p.59 6. REPORTS: A. DIRECTOR B. COMMISSIONERS 7. INFORMATIONAL: No items. 8. ADJOURN to August 13, 2015 *NOTE: Although the Planning Commission generally strives to follow the agenda sequence, it reserves the right to take any agenda item – other than a noticed public hearing – in any order, and at any time after its meeting starts. The Planning Commission encourages public attendance and participation. More on back… DISTRICT #1 DISTRICT #2 DISTRICT #3 DISTRICT #4 DISTRICT #5 COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Mary Pipersky Rodger B. Thompson Daniel Roberts Scott Bush Chris Lizza In compliance with the Americans with Disabilities Act, anyone who needs special assistance to attend this meeting can contact the Commission secretary at 760-924-1804 within 48 hours prior to the meeting in order to ensure accessibility (see 42 USCS 12132, 28CFR 35.130). *The public may participate in the meeting at the teleconference site, where attendees may address the Commission directly. Please be advised that Mono County does its best to ensure the reliability of videoconferencing, but cannot guarantee that the system always works. If an agenda item is important to you, you might consider attending the meeting in Bridgeport. Full agenda packets, plus associated materials distributed less than 72 hours prior to the meeting, will be available for public review at the Community Development offices in Bridgeport (Annex 1, 74 N. School St.) or Mammoth Lakes (Minaret Village Mall, above Giovanni’s restaurant). Agenda packets are also posted online at www.monocounty.ca.gov / departments / community development / commissions & committees / planning commission. For inclusion on the e- mail distribution list, send request to [email protected] Interested persons may appear before the Commission to present testimony for public hearings, or prior to or at the hearing file written correspondence with the Commission secretary. Future court challenges to these items may be limited to those issues raised at the public hearing or provided in writing to the Mono County Planning Commission prior to or at the public hearing. Project proponents, agents or citizens who wish to speak are asked to be acknowledged by the Chair, print their names on the sign-in sheet, and address the Commission from the podium. 1 MONO COUNTY PLANNING COMMISSION PO Box 347 PO Box 8 Mammoth Lakes, CA 93546 Bridgeport, CA 93517 760.924.1800, fax 924.1801 760.932.5420, fax 932.5431 [email protected] www.monocounty.ca.gov DRAFT MINUTES MAY 14, 2015 COMMISSIONERS: Scott Bush, Chris I. Lizza, Mary Pipersky, Dan Roberts, Rodger B. Thompson. STAFF: Scott Burns, CDD director; Courtney Weiche, associate planner; Nick Criss, compliance officer; C.D. Ritter, commission secretary VIDEOCONFERENCE FROM MAMMOTH LAKES: Gerry Le Francois, principal planner; 1. CALL TO ORDER & PLEDGE OF ALLEGIANCE: Chair Mary Pipersky called the meeting to order at 10:11 a.m. in the board chambers at the county courthouse in Bridgeport, and attendees recited the pledge of allegiance. 2. PUBLIC COMMENT: None 3. ELECTION OF CHAIR & VICE-CHAIR: Chair Thompson (Bush/Roberts. Ayes: 5-0.); Vice-Chair Lizza (Roberts/Thompson. Ayes: 5-0.) 4. MEETING MINUTES: MOTION: Adopt minutes of April 9, 2015, as submitted (Bush/Lizza. Ayes: 5-0.) 5. PUBLIC HEARING 10:10 A.M. A. ADOPT RESOLUTION R15-02 APPROVING GENERAL PLAN AMENDMENT 15-001 (a) to amend the General Plan Land Use Designation Map to establish a Transient Rental Overlay District (TROD) at Twin Lakes to allow for nightly rentals on a single parcel at 317 Hackamore Place, Bridgeport, CA (APN 010-390-002). Staff: Courtney Weiche, associate planner Scott Burns reported that applicant had withdrawn the application. OPEN PUBLIC COMMENT: None. CLOSE PUBLIC COMMENT. Burns explained background on TRODs. Board of Supervisors (BOS) and Planning Commission discussed potential of TRODs for a number of years, and TRODs were denied. But, maybe create tool available to interested residents. BOS had lots outreach through RPACs, established TRODs. People can apply for rental permit only through rigorous process, not simply a use permit with Planning Commission. Initial comments indicated process was unclear. Now, minimum of two hearings is required. Cannot notice Mono Supervisors till after Planning Commission hearing. Notifying surrounding property owners and newspaper notice are several weeks away. Commissioner Thompson: CC&Rs from 1963. What if they say no [nightly rentals]? Stacey Simon: CC&Rs are private restrictions that run with the land among property owners themselves. County does not enforce, is not bound by them. No import of decision by Planning Commission or BOS, but in considering broader picture, noted neighbors themselves had agreement. Step over expressed will of community? No legal binding effect. Unidentified speaker: Can Mono overstep CC&Rs? Simon: If Mono said it doesn’t care, would not repeal CC&Rs. Every community has right to enforce against violator. DISTRICT #1 DISTRICT #2 DISTRICT #3 DISTRICT #4 DISTRICT #5 COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER Mary Pipersky Rodger B. Thompson Daniel Roberts Scott Bush Chris I. Lizza 2 B. ADOPT RESOLUTION R15-03 APPROVING GENERAL PLAN AMENDMENT 15-001(b) to amend the General Plan Land Use Designation Map to establish a Transient Rental Overlay District on six parcels in the June Lake community along both California Street and Mountain View Lane (APNs 016-143-040, -019 & -039 and 016-152- 007, -009 & -010). In accordance with the California Environmental Quality Act, an addendum to the existing General Plan EIR is being utilized. Staff: Courtney Weiche, associate planner Courtney Weiche presented PowerPoint on proposal at June Lake. BOS adopted GPA 12-001 adding Ch. 25-26 to establish TROD process, standards, enforcement. Intent was to allow in compatible neighborhoods. Planning Commission makes a recommendation to Mono Supervisors. Originally two separate entities: Shear and Fettes. Ch. 25 requires invitation to adjoining properties to see if want to join. Notice only to adjoining, says Ch. 25. Additional outreach April 10, got two more, so combined into current district. The LDTAC met March 2 to review; recommended moving forward. Weiche showed photos of area. Miller vacant, Shea/Molnar, Hoefer (concern with snow-sled area), Stender, Fettes (permitted second unit above garage, separate entrance from primary), Taylor. Reviewed noticing: Join April 9 for Fettes, Planning Commission May 1, property notice April 29 to properties within 300 ft. Favored comments. Two joiners, but after notice published, so dependent on outcome, return with separate proposal. No existing contract for snow removal, roads inadequately maintained, added regulations for commercial projects, previous rental violations, wear/tear on roads, hodgepodge zoning, competition with lodging, strangers, and dark sky concerns. Choice of recommendations: Adopt or deny. Pipersky: Two more joiners after invitation, prior to hearing notice. How many asked? Five. Vacant? Miller, middle Shea/Molnar. TROD gives right, but not required. Apply for vacation home rental. Other interest, but not noticed in public hearing as part of proposal. Lizza: Is property line the road? Who owns title to roads? Simon will respond after public comments. OPEN PUBLIC COMMENT: David Baumwohl: Here since 1980, representing Shear. Two-step process to consider TROD: Planning Commission and BOS. Also obtain vacation home rental permit. Criteria of Ch. 25 apply today. Does application meet ordinance requirements? Not re-litigate TRODs in unincorporated Mono – ordinances already passed. CC&Rs are private agreement that has nothing to do with appropriateness of TROD. Sometimes get Use Permits in certain areas, but may have private use restrictions. Can’t do it even though land use designation allows it. Not role of staff, Planning Commission or BOS. Deed shows provision only for SFR. Not relevant, not specific to concept of prohibiting TRODs. Ch. 26 is for another day. Dogs, noise, disputes, parties. Historical objections are not valid. No property had permit for TROD. If permitted, build on vacant parcels, come in for permit. Applicant need to address. Second component is enforcement. Same as any other permit. Property owner violating is subject to enforcement. Things like road standards are staff-level matters; nothing in record on physical existence of violation of County ordinances. Gone through meetings, supplied requests of staff, gone through appropriate process. Also submitted draft operations plan to move forward.
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