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August 9, 2007 Minutes

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August 9, 2007 Minutes Lake County Planning Commission Minutes of August 9, 2007 LAKE COUNTY PLANNING COMMISSION MINUTES REGULAR MEETING – August 9, 2007 Commission Members Staff Members P Monica Rosenthal, I P Richard Coel, Director P Gary Briggs, II P Danae Bowen, Office Assistant III P Clelia Baur, III P Cliff Swetnam, IV P Gil Schoux, V __________________________________________________________________ 9:04a.m. CALL TO ORDER Pledge of Allegiance was led by Comm. Briggs It was moved by Comm. Schoux, 2nd by Comm. Briggs to approve the minutes of July 26, 2007. 9:05 a.m. CITIZEN’S INPUT - None 9:06 a.m. Public Hearing on consideration of a mitigated negative declaration based on Initial Study (IS 07-39) for General Plan of Conformity (GPC 07-03) to develop a Park Master Plan for Nylander Park. The project applicant is the COUNTY OF LAKE. The project is located between 12505 The Plaza, 12441 Foothill Boulevard and 12586 Acorn Street, Clearlake Oaks. (Amanda Thompson) Comm. Baur disclosed her observations during her site visit. Amanda Thompson, Assistant Planner, provided background information. 9:14 a.m. Opened Public Hearing No one present wished to speak. 9:14 a.m. Closed Public Hearing Comm. Baur said this was a much needed town center in Clearlake Oaks and was fully in favor of it. Comm. Rosenthal agreed with Comm. Baur and added that she thought it was a great location. Comm. Baur moved, 2nd by Comm. Rosenthal that the Planning Commission report that the development of property located at 12505 The Plaza, Clearlake Oaks, APN 035-142- 10, 12 through 19 and 035-142-23 and 32 as proposed by the County of Lake is in conformity with the Lake County General Plan with the findings listed in the Staff Report dated July 24, 2007. GENERAL PLAN CONFORMITY 5 Ayes 0 Noes Comm. Baur moved, 2nd by Comm. Rosenthal that the Planning Commission recommend to the Board of Supervisors that on the basis of the Initial Study IS 07-69 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Nylander County Park Project as proposed by the County of Lake will not have a significant effect on the environment with the findings listed in the staff report dated July 24, 2007. PROPOSED MITIGATED NEGATIVE DECLARATION 5 Ayes 0 Noes 1 Lake County Planning Commission Minutes of August 9, 2007 Comm. Baur moved, 2nd by Comm. Rosenthal that the Planning Commission recommend to the Board of Supervisors that the Nylander County Park Master Plan prepared by the Planning Division be adopted with the findings listed in the Staff Report dated July 24, 2007. NYLANDER COUNTY PARK MASTER PLAN 5 Ayes 0 Noes 9:15 a.m. Public Hearing on consideration of a previously approved mitigated negative declaration based on Initial Study (IS 05-33) for Rezone (RZ 06-17). The project applicant is ROBERT COWLES proposing a rezone using the B-Frozen Combining District as required as a condition of Parcel Map (PM 06-10) to transfer density between four proposed parcels zoned “RL”. The project is located at 8985 and 9255 Kelsey Creek Drive, Kelseyville and further described as APNs 007-038-08 and 011-004-52. (Brian Horn) Comm. Baur disclosed her observations during her site visit. Brian Horn, Assistant Planner provided background information. Comm. Swetnam asked Counsel if a memorandum submitted by Pamela Bordisso dated August 5, 2007, who was unable to attend the hearing needed to be read into the record. Robert Bridges, Senior Deputy County Counsel, explained that as long as all of the Commissioner’s have reviewed it, he felt stating into the record that it exists was sufficient. 9:20 a.m. Opened Public Hearing Bill Bordisso, neighbor in the area, shared his concerns with the flood zone area/flooding, runoff and erosion issues. He also said that there were narrow roadways in this area and had concerns with possible future impacts because of this rezone. Comm. Swetnam said that the project before the Commission was for a rezone, not a project development. He said should a development project come before the Commission in the future, Mr. Bordisso could then voice his concerns about those issues. Mr. Bordisso asked what the purpose of this rezone was. Richard Coel, Community Development Director, explained that the issues with development potential of this property were dealt with as part of the tentative map approval last year. He said this is a rezone request to include the B-Frozen Combining District and the rezone also includes the creek protection zonings of Waterway and Floodway Fringe. He said the rezone is needed in order for the final map to be recorded. He also noted that there are various levels of protection as projects move forward. 9:25 a.m. Closed Public Hearing Comm. Schoux moved, 2nd by Comm. Briggs that the Negative Declaration, which was previously prepared for PM 05-10, does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that no additional environmental review need be prepared with the findings listed in the staff report dated July 24, 2007. RECONSIDERATION OF PREVIOUS NEGATIVE DECLARATION 5 Ayes 0 Noes Comm. Schoux moved, 2nd by Comm. Briggs that the Planning Commission has reviewed and considered the environmental effects of this rezoning as set forth in the previously approved Negative Declaration which has been prepared for this project, and that the Planning Commission recommends approval of the proposed rezoning from “RL- B5(5ac)-WW-FF-SC” to “RL-BF-WW-FF-SC”, applied for by Bob Cowles, on property 2 Lake County Planning Commission Minutes of August 9, 2007 located at 8985 and 9255 Kelsey Creek Drive, Kelseyville, for the reasons listed in the staff report dated July 24, 2007. REZONE APPROVAL 5 Ayes 0 Noes 9:25 a.m. Public Hearing on consideration of a Variance (VR 07-05). The project applicant is LETICIA TRENT, proposing a variance to exceed allowable lot coverage by 20 square feet and for a 10-foot reduction of the rear yard setback for an accessory guest house constructed without permits. The project is located at 15839 Main Street, Middletown and further described as APN 024-391-08. (Kevin Ingram) Comm. Rosenthal and Comm. Baur disclosed their observations during their site visits and Comm. Baur noted that she had an ex parte conversation with the owner. Kevin Ingram, Associate Planner, provided background information. 9:34 a.m. Opened Public Hearing No one present wished to speak. 9:34 a.m. Closed Public Hearing Comm. Briggs asked staff when the property was purchased. Mr. Ingram said that he current owner purchased the property in 2005. Comm. Schoux asked staff if the building was built after the applicant purchased it. Mr. Ingram said part of building which was a storage structure existed, but the addition is new and was constructed after the applicant purchased it. Comm. Briggs said he understood hardship cases on non-conforming lots that already exist in subdivisions, but if it was purchased in 2005, then the buyer should be aware of what the rules and regulations are. He said for those reasons, he was in support of staff’s new recommendations for this lot. Comm. Rosenthal commended staff for the recommendations on this project. Comm. Rosenthal moved, 2nd by Comm. Baur that the Planning Commission find this project is exempt from CEQA because it falls within Categorical Exemption Class 5. CATEGORICAL EXEMPTION CLASS 5 5 Ayes 0 Noes Comm. Rosenthal moved, 2nd by Comm. Baur that the Planning Commission find that the variance (VR 07-05) applied for by Leticia Trent for a rear yard setback reduction from 15’ to of 5’ for a 25’ wide accessory building and 5% increase in lot coverage for the property located at 15839 Main Street in Middletown, does not meet the requirements of Section 52.5 of the Lake County Zoning Ordinance and does not grant the variance subject to the findings listed in the staff report dated July 24, 2007. PARTIAL VARIANCE DENIAL 5 Ayes 0 Noes Comm. Rosenthal moved, 2nd by Comm. Baur that the Planning Commission find that the variance (VR 07-05) as recommended by staff allowing a reduction of the rear setback from 15’ to 5’ as shown on the site plan dated February 23, 2007 (Attachment 5) to allow a detached accessory structure not exceeding 21’ in width of the lot on property located at 15839 Main Street in Middletown, does meet the requirements of Section 52.5 of the Lake County Zoning Ordinance and grant the variance subject to the conditions and findings listed in the staff report dated July 24, 2007. 3 Lake County Planning Commission Minutes of August 9, 2007 PARTIAL VARIANCE APPROVAL 5 Ayes 0 Noes Comm. Swetnam noted that there is a seven (7) calendar day appeal period provided by the Lake County Zoning Ordinance. UNTIMED STAFF UPDATE Mr. Coel updated the Commissioner’s on the current vacant Assistant Planner positions in the Community Development Department. He went into detail on the future visions for the department’s appearance and the reorganization efforts made by Interim Chief Building Official, Dave Jezek. He said staff was researching software for a new permit system that could integrate Community Development Divisions, cutting down on labor efforts and would also allow satellite offices to operate more efficiently and staff was considering digitizing files to eliminate paper files. He added that a Community Development Planning Technician position may become available in the near future, providing assistance to the Planning Staff. He also reviewed the progress on the General Plan Update and the Administrative Draft of the Environmental Impact Report and noted that staff’s objective is to get this into hearings this calendar year.
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