Property / Background Information:
19355 S Hwy 29, Middletown, CA - (Attachment B - Property Map)
Ownership Information as reflected on county records: On November 17, 1995, Michael and Shirley Burns granted interest to the Michael Burns and Shirley J. Burns, Trustees of the Michael Burns and Shirley Burns Trust, UAD 10/27/95. The trust has 100% interest in the property.
Zoning Designation: “RL” Rural Land; Primary Purpose: To provide for resource related and residential uses of the County’s undeveloped lands that are remote and often characterized by steep topography, fire hazards, and limited access.
Zoning Designation History: In 8/2010 - An update to the Middletown Area Plan was adopted changing the zoning designation to its current zoning of “RL”. Prior, the subject property had a zoning designation of “M2” which allows for heavy industrial and manufacturing uses.
Current Land Use: Unpermitted Operation of a recycling and auto dismantling facility (industrial use); occupation of dwellings that do not meet residential construction standard; storage or personal items contrary to zoning performance standards; existence of inoperable, wrecked, or dismantled vehicles.
Use Permit history:
May 1989 - Use Permit 88-2 - an application was received from Edward Caswell to renew an expired permit for an existing auto dismantling operation. The staff report states the business use as an auto dismantling operation with part sales open to the public, storage of heavy equipment, impound yard for CHP and Sheriff Department, storage tanks for oil, gas, and other fluids removed from junked vehicles. At the time the property was zoned “M2” and “U”. This permit was valid until August 24, 1994. (Attachment C - Paragraph 16 Conditions of Approval)
1994 - Use Permit 88-2 expired.
1996 - Burns applied for a Use Permit to operate a recycling and auto dismantling facility at the subject property.
January 8, 1998 - Planning Commission minutes state the application for a proposed auto wrecking facility by Burns has been incomplete for more than one year. (Attachment D - Planning Commission Minutes)
June 23, 1999 - A letter from the Planning Division was mailed to Burns informing him his application for a use permit was incomplete and being scheduling the project for denial without prejudice before the Planning Commission. (Attachment E - Staff Report)
July 15, 1999 - The Planning Commission denied the use permit without prejudice. (Attachment F)
August 2, 1999 - County records reflect Burns’s application for a use permit was denied without prejudice. (Attachment G)
Current date - Currently, Department records do reflect there is an active use permit to conduct the uses occurring and existing on the property.
Past Code Enforcement actions: On 6/5/2023 - Complaint received from the public alleging: Adults and children living in trailers. Dogs tied and running loose. Selling drugs and using drugs. Stolen items on property. (Attachment H)
Other Agency Information: Lake County Environmental Health Department regulates the site under Certified Unified Program Agency (CUPA) program as well as a closed burn dump under the County’s Solid Waste program. Both programs are overseen by the State through various branches of CalEPA.
Investigation / Fact(s):
Basis: A Code Enforcement case was opened based on an initial site visit with the Sheriff’s Office (SO) in which several potential code violations were observed to be existing on the property, including but not limited to, persons occupying or living in recreational vehicles; storage not in compliance; uses of the property inconsistent with the uses allowed by the current zoning designation. After a review with the Planning Division, it was determined that no use permit had been approved for Burns to use the land, buildings, or premises for an auto dismantling or recycling. Code Enforcement conducted an investigation to compile evidence, based on physical observations, statements made by Burns, review of public information, review of public agency information, and with assistance from the Planning Division. (Exhibit I - Site Photos 10/22/25)
On December 16, 2025, Burns allowed a site inspection that was conducted by Code Enforcement and Environmental Health. (Attachment J - Site photos 12/16/2025)
On February 4, 2026, a “NOV” and “NONOTA” were issued against the property for violation(s) of the LCC. The violations consisted of: (Attachment K - NONOTA and NOV dated 2/4/2026)
Use of land, buildings, or premises contrary to the provisions of the zoning ordinance
The property is zoned “RL”, which the primary purpose is: To provide for resource related and
residential uses of the County’s undeveloped lands that are remote and often characterized by steep
topography, fire hazards, and limited access.
Code Enforcement conducted an investigation to compile evidence, based on physical observations,
statements made by Burns, review of public information, review of public agency information, input from
the Planning Division. Based on the evidence collected Code Enforcement determined the following
violation(s) exist:
1) The current use of the property is for an auto dismantling facility and recycling, which are considered industrial uses. The industrial uses are contrary to the current zoning which allows for residential uses.
2) Open and Outdoor storage is not maintained in compliance or contrary to the zoning performance standards.
3) Occupation of recreational vehicles, that are not being used for recreational or emergency purposes, that do not meet minimum residential construction standards and which is contrary to the zoning ordinance.
4) Structures were erected or constructed contrary to the zoning ordinance by not first obtaining a zoning clearance.
Failure to obtain a Use Permit as required by the zoning ordinance
The current use of the property is an auto dismantling facility and recycling and storage related to this
use. Per the Planning Division, the zoning ordinance requires the issuance of a use permit prior to the
commencement of the use. In addition, per the planning division the current use is inconsistent with the
zoning designation and is not allowed.
Burns applied for a use permit in 1996 to use the land to operate an auto dismantling facility and recycling.
The resolution to that application was denial without prejudice. At the time of application, the property was
zoned to allow for this use. In 2010, the property was rezoned from “M2” to its current designation “RL”.
The “RL” designation does not allow the beforementioned use. The Department does not have any record
of an active use permit having been issued to allow the current use of an auto dismantling facility.
The property has been in a state of non-compliance for over twenty-five (25) years.
Existence of inoperable, dismantled, wrecked motor vehicles or boats or parts thereof
Code Enforcement observed on the property is the existence of inoperable, dismantled, wrecked
motor vehicles or boats or parts thereof.
County Witness(es):
Marcus Beltramo, Code Enforcement Manager
Christopher Colen, Code Enforcement Program Coordinator (lead Code Enforcement Officer)
Logan Smith, Code Enforcement Officer
Mireya G. Turner, Community Development Department Director / Planning Division