APPROVED MINUTES

LASSEN COUNTY PLANNING COMMISSION

MARCH 4, 2009

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 John T. Ketelsen, Planning Commission Secretary; Craig Settlemire, County Counsel; Community Development Staff; and Recording Secretary Kearstin Nahhas.

GENERAL UPDATE OF PLANNING ACTIVITIES

Maurice Anderson, Chief Planner, updated the Commission on the tour and the workshop that was held for the General Plan Visioning and Advisory Committee for the general plan update.

MATTERS INITIATED BY THE PLANNING COMMISSIONERS

Commissioner Totten wanted clarification regarding the Writ of Mandate issued on Sierra Pacific Industry lands. Craig Settlemire, County Counsel, responded that Sierra Pacific Industries will be doing an environmental review on all of their land holdings including the lands in Lassen County, and that the Board of Supervisors will be taking action to rescind their motion approving the rezones. The land will revert back to the zoning it was before the action was taken to rezone the property.

Commissioner Totten wanted clarification regarding the action the Board of Supervisors took on the 6:12 roof pitch issue in Westwood. Mr. Anderson responded that the Board of Supervisors directed staff to work on the Westwood Design Guidelines and the Board held the Design Review application in abeyance.

CORRESPONDENCE

The additional correspondence received was in connection with items on the agenda.

PRESENTATION BY STAFF

Supervisor Chapman presented a resolution of appreciation to Commissioner Totten thanking him for his many years of service to Lassen County who has resigned at the end of his term. James Giacomelli, Lassen County resident, thanked Commissioner Totten for his service to Lassen County. Community Development staff including Joe Bertotti, Steve Fuller, and Maurice Anderson thanked Commissioner Totten for his service to Lassen County. The Planning Commissioners thanked Commissioner Totten for his wisdom, knowledge and the guidance he provided while a member of the Planning Commission.

MOTION

It was moved by Commissioner Albaugh, seconded by Commissioner Poulsen, and carried to adopt Resolution #03-01-09, in recognition of Commissioner Totten’s service to Lassen County and for the time he served on the Lassen County Planning Commission.

APPROVAL OF MINUTES

It was moved by Commissioner Albaugh, seconded by Commissioner Totten, and carried to approve the January 7, 2009, Planning Commission meeting minutes. Commissioners Poulsen and Beckett abstained.

It was moved by Commissioner Totten, seconded by Commissioner Poulsen, and carried to approve the February 4, 2009, Planning Commission meeting minutes. Commissioner Stewart abstained.

MATTERS INITIATED BY THE GENERAL PUBLIC

None

PUBLIC HEARING: USE PERMIT #2009-002, Linda Powell.

Gaylon Norwood, Associate Planner, presented the staff report, which would allow a second dwelling on a 6.23 acre parcel zoned A-2-B-5-A (Agricultural Residential, 5 acre Building Site and Agriculture Combining Districts). The project is exempt from the California Environmental Quality Act under Section 15303 of the Guidelines. The project site is located approximately 1,000 feet south of Richmond Road (Co. Rd. 203) and approximately 1.5 miles southwest of Johnstonville, at 471-300 Single Tree Lane. A.P.N.: 116-210-22. An overhead graphic and photographs of the project site were provided.

Discussion was held regarding the use permit standards differing from parcel map standards for private roads.

Linda Powell, applicant, addressed the Commission stating that the second dwelling is for her parents.

The public hearing was opened at 1:43 p.m.

Matt Schortz, Sunnyside Homes, representing the applicant was present.

Commissioner Albaugh wanted clarification regarding whether or not there is a road maintenance agreement for Single Tree Lane. Ms. Powell responded that there is no agreement but the neighbors work together to maintain the road.

Discussion was held regarding condition #8 of the Resolution and if an additional parking space is a standard condition. Mr. Norwood explained that the special provisions of the Zoning Ordinance requires that an additional parking space be provided.

The public hearing was closed at 1:47 p.m.

MOTION

It was moved by Commissioner Poulsen and seconded by Commission Totten to adopt Resolution #03-02-09, approving Use Permit #2009-002, Linda Powell, subject to the conditions of approval.

Commissioner Totten stated that Single Tree Lane is in good condition and that the property owners take very good care of the road.

Commissioner Beckett stated that this type of application should be encouraged and supported.

VOTE:

Motion to adopt Resolution #03-02-09, approving Use Permit #2009-002, Linda Powell, passed with Commission members Albaugh, Beckett, Poulsen, Totten, and Stewart voting ‘Aye’.

PUBLIC HEARING: REVOCATION OF USE PERMIT #12-01-86, Brian and Nancy Phillips.

Gaylon Norwood, Associate Planner, presented the staff report which would allow for the revocation of Use Permit #12-01-26 for non-compliance with the conditions of approval. The use permit was approved on February 4, 1987, with conditions, to allow the operation of an automobile towing, storage, repair, and dismantling service. Said operation has expanded onto adjoining parcels prior to the applicant obtaining the required amendment to the use permit. The project site is zoned M-2 (Light Industrial District) and is located at 474-150 Commercial Way, Susanville. APN(s): 116-060-42 & 43 (Use Permit #12-01-86); 116-060-33, 44, 45, 46, 47 & 48 (Code Violation/Unauthorized Area).

Additional correspondence not contained in the Commissioners’ packets was provided, which included a letter from the City of Susanville (Exhibit A) and a letter from Lassen Regional Solid Waste Management Authority (Exhibit B).

Mr. Norwood provided a chronology of the history of the project site from the original approval to the submittal of the current application. He stated that there are four conditions that are not being met with the current use permit including: Receiving documentation that the discharge permit from the Lahontan Water Quality Control Board is being complied with; the expansion of the use permit without receiving the correct entitlements; the fence that needs to be constructed that has not been done; and the control of the weeds and fire hazards. He provided photographs of the project site and stated that there are approximately 1650 cars in the unauthorized area.

Mr. Norwood stated that the applicant has applied for a new use permit (#2009-012) which, if approved, would allow the vehicles in the unauthorized area. The applicant has stated that he has been in discussion with Lahontan Water Quality Control Board regarding the discharge permit needed. Staff has sent out early consultation to outside agencies to receive input regarding their concerns regarding the project. He stated that staff is recommending that this hearing be postponed until Use Permit #2009-012 is considered; this would give the applicant time to address and correct some of the problems. He stated that if the applicant does not continue to pursue solutions to the problems, then staff will bring Use Permit #12-01-86 back to the Commission for revocation.

Maurice Anderson, Chief Planner, stated that the applicant and his agent have been in contact with staff to work out some of the issues on the project site. He stated that the applicant withdrew his first use permit application because the environmental determination was made that an EIR is required. The new application is better but much more information is required and the applicant has not indicated he is working on getting that information to staff.

Commissioner Totten wanted clarification regarding what liability the County would have if this hearing was postponed as we are aware of the fire hazard and the violation with the Water Quality Control Board. He wanted clarification regarding whether or not the Commission could insist that this be cleaned up before the new use permit is even considered. He stated that he is concerned about where the County would stand if this was postponed and we knew of the concerns and violations that exist.

Commissioner Stewart discussed the correspondence received from the City of Susanville that states the County is responsible for the clean up of the property. He wanted clarification regarding how long it will take to have the cars removed. Henry Armetta, representing the applicant, stated that they have moved 400 cars since October.

Mr. Ketelsen explained that the new application is to address the additional acreage of the project site. He stated that staff is recommending that the hearing be postponed; staff does not think that the project site is at the point where an abatement should occur. He stated that the Commission could table the hearing until a certain day and time.

Mr. Anderson explained that if the Commission were to table this hearing, staff could prepare and present status reports to the Commission. It may take three to five months to determine the appropriate environmental document that needs to be prepared for the project. He stated that staff will continue to process the current application. The normal practice is not to proceed with Code Enforcement if a valid application has been submitted and the applicant is trying to come into compliance with the conditions. Staff is comfortable tabling the project to allow the applicant time to address some of the problems.

Commissioner Totten clarified that there are two different things happening at the project site. The applicant is not complying with the conditions of approval for Use Permit #12-01-86, and the applicant has applied for a use permit for the expansion area. He stated that if the Planning Commission postpones the revocation hearing that they have done nothing to abate the problem.

Mr. Anderson explained that the applicant is making an effort to come into compliance with Use Permit #12-01-86 and that they have indicated that they are working with the Lahontan Regional Water Quality Control Board to obtain a discharge permit and they are working on the fence. Mr. Ketelsen explained that the applicant has a new need to expand his business and that any action today would not effect the abatement issue on the project site.

Discussion was held regarding the applicant operating illegally and having to obtain a new use permit to keep his business open if the Commission were to revoke Use Permit #12-01-86.

Commissioner Totten voiced concern that if the Commission were to take no action today and postpone the hearing, that nothing would be done on the project site to bring it into compliance. He stated that this has been ongoing for three years and that because pressure has been put on the applicant to comply with the conditions, now things are being done.

Commissioner Stewart suggested that a timeframe be established for the applicant to come into compliance with Use Permit #12-01-86, if the Commission were to postpone the hearing. Commissioner Totten suggested that a staff report be submitted to the Commission every thirty days with the status of what has been done to comply with the use permit.

Commissioner Beckett stated that the applicant is removing an average of 80 vehicles a month; it would take 22 months to remove all the vehicles on the project site.

Mr. Ketelsen stated that the Commission could postpone the hearing to a certain date and time to receive the progress report and if they are not satisfied with the progress being made on the project site, the revocation could be initiated.

MOTION

It was moved by Commissioner Totten, seconded by Commissioner Albaugh, and carried to postpone the public hearing for Use Permit #12-01-86 until May 6, 2009, at 1:35 p.m., to receive a status report from staff about the progress being made on the project site and if the Commission is not satisfied with the progress being made, then the public hearing will be opened.

Commissioner Totten stated that the report should be generated by staff. Mr. Anderson explained that staff intends to visit the project site on a regular basis to count cars.

Counsel Settlemire stated that the applicant, not staff, be prepared to present his case at the next meeting because the Commission may decide to open the public hearing.

VOTE:

Motion to postpone the public hearing for Use Permit #12-01-86 until May 6, 2009, at 1:35 p.m. passed with Commission members Albaugh, Beckett, Poulsen, Totten, and Stewart voting ‘Aye’.

WORKSHOP: HOUSING ELEMENT UPDATE (Continued from February 4, 2009).

Thomas Maioli, Assistant Planner, presented an overview of the Housing Element Update. The Department of Community Development is currently reviewing and updating the Lassen County Housing Element. The Lassen County 2009-2014 Housing Element is designed to address the projected housing needs of current and future County residents and comply with State law requiring amendment of the Housing Element by August 31, 2009 (Sections 65580-65589.8 of the Government Code). Public involvement is encouraged to complete a Housing Element Update that reflects the needs and requirements of the residents of Lassen County. The Housing Element is a component of the Lassen County General Plan and is required to be updated every five years.

Mr. Maioli provided a power point presentation and an overview of the workshop held at the February 4, 2009, Planning Commission meeting. He stated that as of today no correspondence had been received regarding the Housing Element Update.

Mr. Maioli stated that Assembly Bill 2511 requires that the Housing Element exclude any policies that make it difficult for affordable housing. He clarified that this is known as ANTI-NIMBY language and clarified that the Housing Element does not include any type of this language.

He discussed the housing allocation needs for income groups received from the Department of Finance and stated that the percentages have changed since the previous element was approved.

Mr. Maioli discussed the needs of the homeless that have been addressed in the update.

He stated that the number of elderly care facilities has diminished since the previous element was adopted. The Section 8 housing list has been put on hold but 90 vouchers have been issued.

Discussion was held regarding the table provided depicted the types of building permits that have been issued. Mr. Anderson stated that new manufactured homes have been staying consistent.

Mr. Maioli discussed Senate Bill 2 regarding the appropriate zoning that would allow an emergency shelter facility by right. Commissioner Stewart clarified that the County has to provide the land but not the emergency facility.