Memorandum
Date: September 19, 2023
To: The Honorable Lake County Board of Supervisors
From: Mireya Turner, Community Development Director
Eric Porter, Associate Planner
Subject: Consideration of Appeal (AB 23-01) of Planning Commission’s Approval of Parcel Map (PM 22-02); Appellant: Scotts Valley Energy Corporation; Location: 7130 Red Hills Road, Kelseyville (APN: 009-021-07)
Executive Summary: On May 25, 2023, the Lake County Planning Commission approved a request to divide a ±34-acre property, located at 7130 Red Hills Road, Kelseyville, to create four ±5 acre Rural Residential-zoned parcels intended for future residences for Tribal members of the Scotts Valley Band of Pomo Indians, and one ±14-acre remainder parcel zoned Highway Commercial.
The appellant is concerned about Condition No. III.4, which requires improvements to the portion of Red Hills Road adjacent to the land under consideration. Condition No. III.4 states:
4. Prior to recording the final map, the half width of Red Hills Road a County maintained road, shall be improved to conform to Lake Road Design and Construction Standard 200-A, Minor Arterial Road
The project site is located on the south-western corner of Red Hills Road and Highway 29 in Kelseyville. The property contains two dwellings and the remains of a walnut orchard that is no longer being farmed. The site has been approved for a small Biomass facility under use permit UP 19-05, however the Biomass facility has no effect on the land division, and the two land use actions are mutually exclusive.
Project Description
Applicant/Owner: “Scotts Valley Energy Corporation”; Appellant / Applicant
Location: 7130 Red Hills Road, Kelseyville
A.P.N.: 009-021-07
Parcel Size: ±34 acres
General Plan: Community Commercial and Rural Residential
Zoning: Split-zoned: “RR-SC”, Rural Residential - Scenic Combining, and “CH-DR”, Highway Commercial - Design Review
Topography: Slopes generally less than 10%
Flood Designation: “X”
Development Proposed with Parcel Map:
None; this action creates lots with no associated development proposed
Water Supply: Existing permitted groundwater well to be shared by four residential lots
Sewage Disposal: Existing and future on-site septic systems
Fire Protection: CALFIRE, Kelseyville Fire Protection District
Vegetation: Scattered oaks, fallow walnut orchard, manzanita shrubs and grasses
Water Courses: None on site
Surrounding Zoning and Land Use
North: “CH”, Highway Commercial, and “RR”, Rural Residential split-zoned land; undeveloped, ±134 acres in size.
East: “PDC”, Planned Development Commercial, and “RR”, Rural Residential zoned land. The “PDC” lot is ±7.6 acres in size and is developed with a mini-storage facility. The property immediately south of the mini storage is about ±5.4 acres in size and is zoned Rural Residential and contains an agriculture storage building.
South: “A”, Agriculture, ±30 acres in size, and contains a vineyard.
West: “RR”, Rural Residential and “CH”, Highway Commercial, and is vacant.
FIGURE 1 - ZONING OF SITE AND VICINITY
SOURCE: LAKE COUNTY GIS MAPPING
APPEAL ANALYSIS
SEC. 21-58.30 BOARD OF SUPERVISORS APPEALS. Decisions of the Planning Commission may be appealed as follows:
58.31 Application: Decisions of the Planning Commission may be appealed by an applicant if the applicant believes that a decision was made in error.
The Applicant appealed in a timely manner. The appeal is based on road improvements to Red Hill Road that the applicant believes are excessive and unnecessary. The appeal form is included as Attachment 3.
1. Lake County Code, Chapter 17, Subdivisions
Chapter 17 of the County Code identifies the requirements for submittal and the authority of the Planning Commission to review parcel maps. The chapter requires improvements to and/or dedication of roads and easements where applicable, and other key items that are required with parcel maps.
On July 13, 2023, the Director of Public Works sent an email to the Planning Division stating the reason that the disputed public improvements were necessary. The email stated the following (words in italics were taken directly from the email):
26.6 Where the subdivider or developer of any division or subdivision of land in which any lot or parcel abuts an existing County-maintained road, he shall dedicate by map or separate instruments the right-of-way and shall widen such road under the following conditions:
(a) When such a road is an Arterial Road as designated in the Lake County General Plan, the dedication of right-of-way shall be thirty (30) feet from centerline of the existing road on the lots or parcels which abut said road, the widening shall consist of grading, draining, basing and paving to a width of eighteen (18) feet from the centerline of the existing road.
(b) When such road is designated as a Collector Road in the Lake County General Plan, the dedicated width shall be twenty-five (25) feet from the centerline of the existing road and the road widening shall be sixteen (16) feet unless the road is listed as a proposed Class II Bikeway in the most recently adopted Lake County Regional Bikeway Plan, in which case the road widening shall be eighteen (18) feet wide and meet all of the conditions in subsection (a) of this section.
(c) When such road is designated as a Minor Road in the Lake County General Plan and such road right-of-way width is less than required for a Minor Road under this chapter, then the subdivider or developer shall widen such road, when it abuts any lots or parcels to be subdivided, to conform to the requirements of Minor Roads.
(d) The Planning Commission or Board of Supervisors or the Director of Public Works may grant a variation from the required widening provided they find that physical conditions make it impractical to construct said widening.
(e) The Planning Commission (or on appeal the Board of Supervisors) may grant a deferral from the widening required by this section on properties designated as Rural Residential, Rural Lands, Agriculture or Resource Conservation in the Land Use Element of the Lake County General Plan when said widening is not currently needed for health and safety purposes or for the orderly development of the surrounding area. As a condition of the deferral, the subdivider shall be required to enter into an Improvement Deferral Agreement with the County. A deferral from the required widening will not be approved under any one of the following conditions:
(1) Where the occupancy of the adjoining parcels that abut the road for a distance of a quarter mile exceeds six (6) residences upon one side of the road or eight (8) residences upon both sides of the road;
(2) Where more than fifty percent (50%) of the road's respective classification improvements exist within one (1) quarter mile in each direction;
(3) Where the County Road Commissioner determines that deferral of improvements would be contrary to public safety and welfare.
(Ord. No. 664, § 7.26, 1971; Ord. No. 791, § 1, 3-19-74; Ord. No. 2701, § 1, 10-5-2004; Ord. No. 2730, § 6, 4-26-2005)
The conclusion made by the Public Works Director was that the project is not eligible for a deferral to the requirements to improve Red Hills Road. Staff concurs with this position and recommends denial of the appeal.
EXHIBITS:
1 - Vicinity Map
2 - Parcel Map for PM 22-02
3 - Appeal Application
4 - Staff Report from the May 25, 2023 Planning Commission hearing with the following Attachments:
a. Parcel Map
b. Proposed Conditions of Approval
c. Initial Study (IS 22-39)
d. Agency Comments
5 - Planning Commission Minutes from May 25, 2023 Public Hearing
6 - Agency Comments for Appeal (AB 23-01)
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Recommended Action: Staff recommends that the Board of Supervisors deny the Appeal (AB 23-01); uphold the Planning Commission’s decision to approve the Parcel Map (PM 22-02) with the original conditions of approval.
Sample Motion:
Appeal Denial (AB 23-01)
I move that the Board of Supervisors make an intended decision to deny the Appeal (AB 23-01), and uphold the Planning Commission’s approval of Parcel Map (PM 22-02), subject to the Conditions of Approval.