APPROVED MINUTES
LASSENCOUNTY PLANNING COMMISSION
AUGUST 6, 2008
The Commission convened in regular session at 1:13 p.m. in the Board of Supervisors chambers, 707 Nevada Street, Susanville, CA. Vice Chair Mark Totten presided with Commission members Bob Beckett and Aaron Albaugh present. Also present were Conrad Montgomery, Planning Commission Secretary; Community Development Staff; and Recording Secretary Kearstin Nahhas.
GENERAL UPDATE OF PLANNING ACTIVITIES
None
MATTERS INITIATED BY THE COMMISSIONERS
Commissioner Beckett requested that County Counsel review the procedure that was used to place the cell tower in Herlong related to school and fire developer fees were not required, and why a public hearing was not required, and to attend the next Commission meeting.
Commissioner Totten discussed the newly opened bypass and the surrounding properties. He requested information regarding what portions were in the County and what those properties were zoned. Mr. Anderson offered that staff could bring a map back to the Commission that depicts where the County property begins and what the surrounding zoning is in that area.
CORRESPONDENCE
Additional correspondence received was a letter from Norm Allen (Exhibit A) thanking the Commission for the work they do on the Planning Commission; and a letter from Andy Kosalowski (Exhibit B) regarding Use Permit #2008-033, Larry Standiford.
PRESENTATION BY STAFF
None
APPROVAL OF MINUTES
It was moved by Commissioner Beckett to approve the July 2, 2008, Planning Commission meeting minutes, with an amendment to the discussion held during the public hearing for Parcel Map #2008-012, Norm Allen, to include the 300 feet of paving that the County is responsible for completing on Mountain Way in addition to the 300 feet of paving that the applicant is required to complete.
Discussion was held regarding the paving of Mountain Way and the additional research done regarding the portion of the paving that the applicant will be responsible for completing. Mary Loflin, Associate Surveyor/Engineer, explained that the records are not clear about the amount of paving that the County is responsible for completing. She stated that Public Works will work with the applicant and the portion of Mountain Way that is required to be paved will be completed; and stated that the details need to be worked out.
Commissioner Totten requested that a memorandum be prepared by the Department of Public Works discussing and clarifying the paving of Mountain Way.
MOTION
It was moved by Commissioner Beckett, seconded by Commissioner Albaugh and carried to approve the July 2, 2008, Planning Commission minutes, with an amendment to the discussion held during the public hearing for Parcel Map #2008-012, Norm Allen, clarifying the paving responsibility on Mountain Way via a memorandum by the Department of Public Works. Commissioners Poulsen and Stewart were absent.
MATTERS INITIATED BY THE GENERAL PUBLIC
None
A brief recess was held from 1:28 p.m. to 1:31 p.m.
PUBLIC HEARING: USE PERMIT #2008-033, Larry Standiford.
Michael Wood, Assistant Planner, presented the project which would allow for a 360 square foot sign on the side of a 40 foot commercial truck-trailer. The parcel is zoned M-1 (Light Industrial District) which allows signs up to 300 sq. ft. upon securing a use permit. The project site is located at 702-900 Johnstonville Rd. in Johnstonville. A.P.N.: 116-070-62. An overhead graphic identifying the project site and the subject trailer was provided.
Mr. Wood explained that the size of the sign (the side of the trailer) exceeds what is allowed by the CountyCode and discussed the unconventional materials of the sign proposed. He stated that the Technical Advisory Committee recommended denial of the proposed project because of the reasons stated.
Everd McCain, representing the applicant, stated that they had discussed with staff at the Technical Advisory Committee that they would like to amend their use permit application to a traditional sign that will only be 300 square feet in size.
Mr. Anderson stated that he had no recollection of a proposed modification at the Technical Advisory Committee meeting. Mr. Anderson deferred Mr. McCain’s statement to Ms. Nahhas, who was the recording secretary for the subject meeting. Ms. Nahhas did not recall a modification to the proposal.
The public hearing was opened at 1:34 p.m.
Lyle May, representing May-Art advertising, addressed the Commission with his support of the project. He discussed the confusion over the general sign regulations and how the regulations have been inconsistently interpreted over the years. Mr. May discussed the aesthetics of the project site and provided pictures of the surrounding properties (Exhibit C). He voiced confusion with the language contained in County Code Chapter 18.106.040 (copy provided) (Exhibit D) regarding the 300 foot separation between signs on the same side of a non-freeway highway outside of a city.
Everd McCain, representing the applicant, addressed the Commission stating that it is pointless for the applicant to apply for a use permit for the sign proposed because it exceeds the amount allowed by the sign ordinance. They would like to propose a standard sign that will be a maximum of 300 square feet. He discussed the interpretation regarding non-appurtenant signs and provided a picture of a sign allowed for Big Sky Self Storage (Exhibit E) which was within the 300 foot setback of another sign on the same side of a non-freeway highway outside of the city.Mr. McCain provided pictures of a bill board for the casino (Exhibit F) discussing the fact that it is considered non-appurtenant and 300 feet away from any other sign, and questioned the process for which this particular sign had been reviewed. He discussed a different arrangement and provided a graphic (Exhibit G) of a different location of the sign which could change the requirements for allowing the sign. Mr. McCain provided a drawing of the project site (Exhibit H) and where the sign could be placed and be considered an appurtenant sign.
Larry Standiford, applicant, discussed the need for advertising for his business and the need to distinguish his business from the other storage unit facilities in the area. He reiterated, that at the Technical Advisory Committee, they had asked to change the application to an engineered sign not to exceed the 300 square foot size limitation.
Andy Koslowski, representing Michelle De Priesse, owner of Big Sky Storage, addressed the Commission with objections to the trailer sign that was proposed. He stated that they were not aware that the application had been changed to an engineered sign.
Everd McCain, representing the applicant, addressed the Commission stating that there are signs in the area that are not in conformance with the ordinance.
Commissioner Beckett discussed whether or not the Commission could make a decision regarding the project because the information in front of the Commission is not what the applicant had discussed during the public hearing.
The public hearing was closed at 2:00 p.m.
Commissioner Totten wanted clarification regarding what the Commission could do today because there was discussion regarding two different sign proposals that did not match what the Commission had in front of them. Mr. Anderson explained that staff was not aware that the applicant had changed the application from what was originally submitted, and further explained that the project should be continued until there is a complete application that has the correct sign information and the proposed location.
MOTION
It was moved by Commissioner Beckett and seconded by Commissioner Albaugh to continue Use Permit #2008-033, Larry Standiford, until the appropriate application is in front of the Commission.
Mr. Anderson asked that the applicantsubmit detailed plans of what type of sign he is proposing, the materials that will be used, and the proposed location of said sign.
Mr. Standiford stated that he felt there was a communication error and he did not realize that he needed to submit a formal application to change the project from the original application submitted.
VOTE:
Motion to continue Use Permit #2008-033, Larry Standiford, carried with Commissioners Albaugh, Beckett, and Totten voting ‘Aye’. Commissioners Poulsen and Stewart were absent.
Determination of whether Parcel Map #2007-062, Alfred Steffens, is consistent with the Extensive Agriculture land use designation of the LassenCounty General Plan 2000.
Gaylon Norwood, Associate Planner, presented the project which proposes to divide a 165.37 acre parcel into four parcels. Proposed parcel A would be 40 acres, proposed parcel B would be 40 acres, proposed parcel C would be 40 acres, and proposed parcel D would be 45.37 acres. The project site is zoned A-2-B-40 (Agricultural Residential, Building Site Combining District with a 40 acre minimum parcel size) and A-2-B-30 (Agricultural Residential, Building Site Combining District with a 30 acre minimum parcel size) and the land use designation is “Extensive Agriculture.” The project site is located approximately 2 miles northwest of Ravendale, on the west side of Highway 395, approximately 1,000 feet northwest of the RavendaleCemetery. APN(s): 057-020-42 & 56. An overhead graphic identifying the project site was provided. Mr. Norwood explained that the Commission is being asked to determine whether or not the project is consistent with the General Plan.
Mr. Norwood discussed the zoning of the project site being potentially inconsistent with the general plan designation which was changed in 1999 when the General Plan was adopted.
The public hearing was opened at 2:16 p.m.
Alfred Steffens, applicant, addressed the Commission with his support of the project. He discussed the progress he has made on the project including hiring a surveyor to draw a tentative map, working with a neighboring property owner to acquire an additional 10 feet so he would meet the 40 feet legal easement, and he has received an encroachment permit from Caltrans for access to his property.After all the work he has done to meet the requirements in the last year, he is now being told there is an 80 acre minimum parcel size requirement. He discussed the surrounding parcels that do not meet the 80 acre minimum parcel size requirement. Mr. Steffens stated that the whole process could have been avoided if he was told from the beginning that there was an 80 acre minimum parcel size required.
The public hearing was closed at 2:25 p.m.
Commissioner Beckett requested that the requirements be waived to allowthe applicant to continue. He stated that there is not agriculture near the project vicinity and stated that an industrial zoning would be more appropriate.
Commissioner Albaugh stated that there is not much agriculture in the vicinity of the project site and discussed the small parcels in the area along with the vacant property.
MOTION
It was moved by Commissioner Beckett and seconded by Commissioner Albaugh that Parcel Map #2007-062, Alfred Steffens, is consistent with the General Plan and directed that the Community Development staff proceed with the documents that are required to process the parcel map application.
Discussion was held regarding when the project will be scheduled for the Technical Advisory Committee.
VOTE:
Motion that Parcel Map #2007-062, Alfred Steffens, is consistent with the General Plan, directed that the Community Development staff process the application, passed with Commission members Albaugh, Beckett, and Totten voting ‘Aye’. Commissioners Poulsen and Stewart were absent.
A brief recess was held from 2:32 p.m. to 2:38 p.m.
PUBLIC HEARING: Zoning Ordinance Amendment #318.01.31, LassenCounty.
The public hearing was opened at 2:39 p.m.
Steve Fuller, Building Official, presented the project which is to consider amendments to Lassen County Zoning Ordinance, Title 18, revising Chapters 18.14, 18.102 and 18.108, regarding mobile home placement criteria for specific zoning districts and architectural requirements for buildings within residential zoning districts. The amendments will not change the zoning of any parcel of land. Mr. Fuller explained that the prior amendments went before the Board of Supervisors three times before they were adopted as Ordinance 467-AE. The Board of Realtors asked the Board of Supervisors to rescind the ordinance because of the lack of public participation. The Board of Supervisors directed staff to come back before the Planning Commission to see whether or not the Commission agreed that the ordinance that was adopted should be rescinded.
The public hearing was closed at 2:44 p.m.
Commissioner Totten clarified the three optionsthat the Commission can take for the project including: modifying their recommendation, recommend that the ordinance be rescinded, or to recommend that there be no changes to the ordinance.
Commissioner Beckett stated that he would like to go back to his community and to work with the Board of Realtors.
Mr. Fuller stated that the Board of Supervisors indicated that they would like the recommendation from the Planning Commission as soon as possible.
MOTION
It was moved by Commissioner Albaugh, seconded by Commissioner Beckett, and carried to continue Zoning Ordinance Amendment #318.01.31, Lassen County, to the September 3, 2008, Planning Commission meeting. Commissioners Poulsen and Stewart were absent.
GENERAL PLAN CONFORMITY #703.35, Clear Creek Park, Review for Conformity with the Lassen County General Plan pursuant to Government Code Section 65401, Lassen County.
Michael Wood, Assistant Planner, presented the project which would replace existing play structures and upgrade the fall protection surfacing at the ClearCreekPark.
MOTION
It was moved by Commissioner Albaugh, seconded by Commissioner Beckett, and carried that the LassenCounty project #703.35 is in conformance with the Lassen County General Plan. Commissioners Poulsen and Stewart were absent.
Hayden Hill Gold Mine: Consideration of consultant to assist the County in reviewing a proposed partial bond release. The project site is located west of Highway 139, approximately 64 miles north of Susanville.
Kevin Roach, representing Kinross Gold, was present.
Maurice Anderson, Chief Planner, discussed two options for consideration in the hiring of a third party to review the bond release request. He stated that Tetra Tech could be hired as the third party to complete the review, or that a Request for Proposals be sent out and a consultant be chosen from that list.
Kevin Roach stated that he would like to see Tetra Tech hired again because they are familiar with and have the history of the project site. He added that they would like to expedite the process as much as possible.
Commissioner Albaugh stated that he would like to follow a formal process and have a Request for Proposals sent out.
Commissioner Beckett agreed with Commissioner Albaugh and stated that he would like to add names of consulting firms to the list that the Request for Proposals would be sent to. He discussed the need for having a study session regarding Hayden Hill to discuss the history of the site and to determine which reclamation plan is the current plan for the site.
Discussion was held regarding having a draft request for proposals at the next Commission meeting that could be discussed and modified before it is released.
Discussion was held regarding having a morning session to discuss the history of the Hayden Hill Mine Site and in the afternoon have an agenda item to discuss the release of the request for proposals.
Kevin Roach clarified that there are five current reclamation plans for the mine site and that water monitoring reports are submitted on a quarterly basis.
Commissioner Beckett discussed concerns with the slope of the pit walls and the safety concerns that have not been addressed. Mr. Roach responded that the slope of the pit walls have been reclaimed according to the approved reclamation plan.
Discussion was held regarding the power line being bought by Lassen Municipal Utility District and whether or not it will still have to be removed according to the reclamation plan. Mr. Roach explained that when the power line was sold to Lassen Municipal Utility District, an agreement was entered into which states that Lassen Municipal Utility District would take over all liability for the power line including all appropriate permits needed to retain the power line.
Discussion was held regarding whether or not the culvert had been lowered because the bottom two wires of the fence are in water and that is making the fence rot. Mr. Roach stated that they could look at some other kind of fence that will hold up to the water better because the culvert has to be set to a certain elevation.
Discussion was held regarding the pond on the main road and whether or not that needed to be removed. Mr. Roach explained that according to the reclamation plan, that was supposed to be removed, but at the request of a property owner, the pond will be left in and the property owner will be responsible for the care and maintenance of that pond.
Discussion was held regarding the amount of slopes that have sloughed in Providence Pit. Commissioner Totten stated that could be something that could be included in the request for proposals.