COUNTY OF INYO
PLANNING COMMISSION
MINUTES OF SEPTEMBER 23, 2009 MEETING
COMMISSIONERS:
WILLIAM STOLL FIRST DISTRICT (CHAIR) Inyo County Planning Commission
CYNTHIA LITTLE SECOND DISTRICT Post Office Drawer L
SAM WASSON THIRD DISTRICT (VICE-CHAIR) Independence, CA 93526
RICHARD WHITE FOURTH DISTRICT (760) 878-0263/(760) 872-2706
PAUL PAYNE FIFTH DISTRICT (760) 872-0382 FAX
STAFF:
MIKE CONKLIN PLANNING DIRECTOR
TED PEDERSEN PUBLIC WORKS DIRECTOR
KEVIN CARUNCHIO COUNTY ADMINISTRATOR
SHARON BIRMINGHAM PLANNING COMMISSION SECRETARY
TANDA GRETZ SENIOR PLANNER
JOSHUA HART SENIOR PLANNER
ADENA FANSLER ASSOCIATE PLANNER
The Inyo County Planning Commission met in regular session on Wednesday, September 23, 2009, in the Board of Supervisor’s Room, Administrative Center in Independence, California. Chair Stoll opened the meeting at 10:00 a.m.
These minutes are to be considered for approval by the Planning Commission at their next regularly scheduled meeting.
ITEM 1: ROLL CALL - Commissioners: Cynthia Little, Paul Payne, William Stoll, Sam Wasson, and Richard White.
Also present were: Susanne Rizo, Deputy County Counsel; Mike Conklin, Planning Director; Tanda Gretz, Senior Planner; Josh Hart, Senior Planner; and Secretary, Sharon Birmingham.
Absent:
Kevin Carunchio, County Administrator
Ted Pedersen, Public Works Director
Adena Fansler, Associate Planner
ITEM 2: APPROVAL OF MINUTES (Action Item) – Approval of Minutes from June 24, 2009; and July 22, 2009.
MOTION: Moved by Commissioner Wasson and seconded by Commissioner White to approve the minutes from June 24, 2009.
The Motion passed. Commissioners Little and Payne abstained as they were absent.
MOTION: Moved by Commissioner Wasson and seconded by Commissioner Payne to approve the minutes from July 22, 2009.
The Motion passed. Commissioner Stoll abstained as he was absent.
ITEM 3: ADDITIONS/DELETIONS TO THE AGENDA – Opportunity for the
Commission to add or delete an item on the Agenda.
Planning Director, Mike Conklin, requested that Item No. 7 be removed from the Agenda.
ITEM 4: PUBLIC COMMENT PERIOD – Opportunity to address the Planning Commission on any planning subject that is not scheduled on the Agenda.
There were none.
ITEM 5: ZONE RECLASSIFICATION #2009-03/BOOTHE (Public Hearing & Action Item) – The applicant requested to rezone a 39’ x 200’ piece of land located at 310 Sunland Drive from R-2 (Multi-Family Residential) to R-1 (One-Family Residential). The zone reclassification is necessary so that a lot line adjustment can be completed, whereby the 39’ x 200’ piece is added to the adjacent property located at 306 Sunland Drive. The General Plan Designation for both properties is Residential Medium Density (RM), 4.6-7.5 dwellings per net acre.
Senior Planner, Tanda Gretz, presented the Staff Report to the Commission.
Chair Stoll opened the public hearing at 10:05 a.m.
There was no one from the audience wishing to speak on this item.
Chair Stoll closed the public hearing at 10:06 a.m.
MOTION: Moved by Commissioner Wasson and seconded by Commissioner White to adopt the proposed Resolution, recommending that the Board of Supervisors:
1. Adopt the Draft Negative Declaration of Environmental Impact and certify that the provisions of the California Environmental Quality Act have been met;
2. Make certain findings with respect to and approve Rezone #2009-03/Boothe subject to the Conditions of Approval as recommended in the Staff Report.
The Motion passed unanimously.
ITEM 6: VARIANCE #2009-02/DYER (Public Hearing & Action Item) – The applicant requested a variance from the Inyo County Zoning requirement that requires homes in the R-2 (Multi-Family Residential) Zone to be located a minimum of five feet from side property boundaries. The applicant for the property which is located at 258 East Center Street, Big Pine, requested that an already-constructed second story enclosed porch, which is located 2-1/2 feet from the east property line be allowed to remain. The property is designated Residential Medium High Density (RMH), 7.6-15 dwelling units per acre.
Senior Planner, Tanda Gretz, presented the Staff Report to the Commission.
Artha Dyer, applicant spoke in support of the Variance. Ms. Dyer informed the Commission of the safe exit which was created by the second story porch for her and her husband and the need for them to keep it.
The Commission asked a few questions regarding the time of construction of the second story porch and privacy of neighbors.
Ms. Dyer indicated that she was unaware that she needed to check with County prior to construction of her second story porch.
Planning Director, Mike Conklin, informed the Commission that it would be very difficult to meet with code Mr. Conklin suggested that as an alternative he could contact Building and Safety and request an inspection be conducted and return to the next meeting with the results and further information.
Chair Stoll opened the public hearing at 10:26 a.m.
There being no one from the audience wishing to speak on this item, Chair Stoll closed the public hearing at 10:27 a.m.
The Commission held a brief discussion.
MOTION: Moved by Commissioner White and seconded by Commissioner Little to Continue the public hearing to the next meeting (October 28, 2009) and direct Planning staff to work with the Applicant and coordinate with Building and Safety to conduct an inspection.
The Motion passed unanimously.
ITEM 7: VARIANCE #2009-03/LEE’S FRONTIER (Public Hearing & Action Item) – The applicant is requesting a variance from front yard setback requirements in order to construct a patio seating enclosure to the front of Lee’s Frontier, a gas station and store/deli, located south of Lone Pine at 1900 S. Main Street. The proposed patio enclosure would be located three feet from the front property line, where a 25-foot setback is normally required. The property is designated RC/Retail Commercial under the General Plan, and zoned C-2/Highway Services & Tourist Commercial.
This item was removed from the Agenda.
ITEM 8: NON-CONFORMING BUILDINGS WORKSHOP – Inyo County Code (ICC) Section 18.78.280 indicates in part that a non-conforming building destroyed by more than 50 percent shall not be restored except in full conformity with the Zoning Ordinance. Staff has received several requests to issue determinations that single-family residences in the Commercial Business (CB) zoning district in Big Pine could be rebuilt in the event of destruction. The CB District, instituted in 2007, does not permit single-family residences, and such uses are considered non-conforming. Staff believes that the ICC’s direction is quite clear, and that permitting reconstruction of non-conforming residences in the CB zoning district would be contrary to the intent of this zone.
Senior Planner, Josh Hart, presented the workshop to the Commission.
Cheryl McDermott, local real estate agent, spoke in opposition to the zoning of Central Business District and the difficulties in obtaining loans for those properties. Ms. McDermott informed the Commission that many home owners are unaware of the zoning change.
Mike Johnston, local real estate agent, spoke in opposition to the zoning of Central Business District and his personal situation of non-conforming buildings. Mr. Johnston provided copies of a letter dated July 14, 2004 from the Planning Department regarding Non-conforming buildings (Exhibit 1) and correspondence dated May 5, 2005 from the Housing Task Force (Exhibit 2). Mr. Johnston indicated that the issue is single family detached houses.
Mary Jane Dixon, resident of Big Pine, spoke in opposition to the zoning of Central Business District and informed the Commission that she was not aware of the zone change in 2007. Ms. Dixon expressed that there is no need for Commercial Zoning, and expressed the difficulties of obtaining a loan being in a Central Business District.
Planning Director, Mike Conklin, informed the Commission that the Central Business District was established to establish an area where businesses could be set up.
Cheryl McDermott suggested that the County follow what the City of Bishop has done. To allow for re-build for non-conforming properties as it will help with loans and insurance.
Planning Director, Mike Conklin, went on to say that the County should not be in the business of saying whether or not a lending institute lends on a parcel and that the Code is not discretionary.
Chair Stoll closed the public hearing at 11:15 a.m.
MOTION: Moved by Chair Stoll and seconded by Commissioner Payne to direct Planning staff to agendize for the next meeting (October 28, 2009) and conduct additional research.
The Motion passed unanimously.
ITEM 9: NATURAL REOURCE ADVISORY COMMITTEE (Action Item) – Letters of Interest for serving on the Natural Resource Advisory Committee have been received and were presented to the Commission for selection to recommend to the Board of Supervisors.
Commissioner Payne indicated that he would like to see each district represented on the Committee.
MOTION: Moved by Commissioner White and seconded by Commissioner Little to include in the Agenda Request to the Board of Supervisors that there were no applications from the 4th or 5th districts and suggest that the Board of Supervisors conduct interviews and request additional information from applicants and in an alternative: Re-advertise to request more information from applicants.
The Motion passed unanimously.
Commissioner Little left the meeting at 11:35 a.m.
COMMISSIONERS’ REPORT/COMMENTS – The Commission reported on attendance to the solar seminar and received good information.
PLANNING DIRECTOR’S REPORT – Planning Director, Mike Conklin, reported to the Commission on upcoming projects such as the Pine Creek Mine Amended Reclamation Plan and the status of the Hooper/Pine Creek Village Project as Statement of Qualifications are being reviewed for the selection process. Also, Mr. Conklin informed the Commission that there will be a Groundbreaking Ceremony for the Coso Geothermal Project on Thursday, September 24, 2009.
CORRESPONDENCE-INFORMATIONAL – There were none.
ADJOURNMENT - There being no further business, Chair Stoll adjourned the meeting at 11:40 a.m. to reconvene in regular session on Wednesday, October 28, 2009 at 10:00 a.m. in the Board of Supervisors Room, Administrative Center, Independence, California.
Prepared by: Approved: October 28, 2009
Sharon M. Birmingham
Sharon M. Birmingham,
Secretary To
Inyo County Planning Commission
County of Inyo Page 3 Planning Commission Minutes
September 23, 2009