Memorandum
Date:
To: The Honorable Lake County Board of Supervisors
From: Mireya G. Turner, Community Development Dir
Laura Hall, Senior Planner
Subject: 10:15 A.M. - PUBLIC HEARING - Consideration of Planning Commission’s Recommendation to Approve a Rezone (RZ 23-02) from “O-SC” Open Space - Scenic Combining to “R1-SC”, Single Family Residential - Scenic Combining; General Plan Amendment (GPAP 23-02) from Public Facilities PF to Low Density Residential LDR; Applicant Melissa Lim; 9460 E. Highway 20, Glenhaven (APN 035-041-19)
Executive Summary:
ATTACHMENTS: A. Vicinity Map
B. Planning Commission Staff Report (August 22, 2024)
C. Draft Planning Commission Minutes
D. Exhibit “A” Zoning and General Plan Amendment Map
E. Planning Commission Resolution
F. Proposed Draft Rezone Ordinance
G. Proposed Draft GPAP Resolution
PROJECT DESCRIPTION
The proposed project includes a Rezone to change the zoning designation from “O-SC” Open Space - Scenic Combining to “R1-SC” Single-Family Residential - Scenic Combining, and a General Plan Amendment to change the general plan designation from “PF” Public Facilities to “R1-SC” Single-Family Residential - Scenic Combining. The site is located at 9460 E. State Highway 20, Glenhaven. The Rezone and General Plan Amendment are proposed to allow conversion of the existing structure (previously utilized as a fire station) to a single-family residence.
BACKGROUND
The property was purchased on February 19, 2020, by the previous owner from the Clearlake Oaks Fire Protection District who stated in a comment letter that a rezone was included in the Sales Agreement. However, the previous owner sold the property to the applicant without completing a rezone and general plan amendment. The applicant started converting the structure to a single-family home without building permits and a Stop Work Notice was issued by the Lake County Community Development Department, Building Division on May 4, 2023. A detailed project description and analysis of the project can be found in the August 22, 2024, Planning Commission Staff Report included in Attachment B. Additional attachments include the following: Attachment A. Vicinity Map, Attachment C. Draft Planning Commission Minutes, Attachment D. Exhibit “A” Zoning and General Plan Amendment Map, Attachment E. Planning Commission Resolution, Attachment F. Proposed Draft Rezone Ordinance, and Attachment G. Proposed Draft GPAP Resolution
On August 22, 2024, the Planning Commission took the following actions related to the proposed project:
1. The Planning Commission adopt Negative Declaration (IS 23-15) for Melissa Lim for a property located at 9460 E. Highway 20, Glenhaven (APN 035-041-19) based on the findings in the staff report dated August 22, 2024.
2. The Planning Commission recommend that the Board of Supervisors approve the Rezone (RZ 23-02) applied for by Melissa Lim to change the zoning designation from Open Space “O”- Scenic Combining “SC” to Single-Family Residential “R1”-Scenic Combining “SC” on property located at 9460 E. Highway 20, Glenhaven (APN 035-041-19) subject to the findings and based on the conditions listed in the staff report dated August 22, 2024.
3. The Planning Commission recommend that the Board of Supervisors approve the General Plan Amendment applied for by Melissa Lim to change the general plan designation from Public Facilities “PF” to Low Density Residential “LDR” on property located at 9460 E. Highway 20, Glenhaven (APN 035-041-19) subject to the findings and based on the conditions in the staff report dated August 22, 2024.
4. The Planning Commission adopt the Resolution recommending approval of the General Plan Amendment GPAP 23-02 and Rezone RZ 23-02 to the Board of Supervisors.
The video of the August 22, 2024, Planning Commission hearing may be viewed online at: https://lakecounty.granicus.com/player/clip/739?view_id=1&redirect=true
As described within the Planning Commission Staff Report, as a condition of approval for this project, the applicant will be required to get “as-built” permits from the Lake County Community Development Department, Building Division for the previously unpermitted conversion as well as all applicable permits for the rest of the work needed to complete the conversion to a residential structure. Sprinklers will also be required for a conversion to an R occupancy now that it will be used as a residence. If the rezone and general plan amendment are approved, the applicant would then upgrade the electrical panel and finish dry walling. No ground disturbance is being proposed with this project.
SUMMARY OF ANALYSIS
The project parcel size is only 4,225 sq. ft., with a width of 50 feet. According to the Lake County General Plan Land Use Density/ Intensity Standards in Chapter 3, Table 3-1 for the Public Facilities general plan designation, the Non‐Residential Intensity - Floor Area Ratio (FAR) is 0.5-2.0. The FAR is 1,500 sq. ft. / 4,224 sq. ft.= 0.36 rounded. Therefore, the current general plan designation is nonconforming. Under the existing Lake County Municipal Code Zoning Ordinance Article 24, Section 21-24-10, subsection 24.11(b), the minimum lot size is 6,000 sq. ft. Therefore, the existing zoning designation is also nonconforming. Under the Lake County Municipal Code Zoning Ordinance Article 10, Section 21-10.10(b)2., when there is public water with a septic system, the minimum lot size must be 15,000 sq. ft. Therefore, under the proposed zoning designation, the parcel size would remain nonconforming with the Lake County Zoning Ordinance. According to the Lake County General Plan Land Use Density/ Intensity Standards in Chapter 3, Table 3-1 the minimum lot size is 6,000 sq. ft., so the proposed general plan designation would also remain nonconforming with the Lake County General Plan.
Surrounding land uses include single-family residences to the west, east, and across State Highway 20 to the south. Approval of the rezone and general plan amendment would allow for a single-family residence which would be consistent with those uses. The proposed zoning district and General Plan designation would be consistent with surrounding designations. Please refer to the Planning Commission Staff Report for a full analysis of the proposed project.
Per Lake County Municipal Code Article 47, the Planning Commission shall make a recommendation to the Board of Supervisors for approval of General Plan and Zoning Map amendments. After the close of the public hearing, the Planning Commission shall render its final decision of the proposed rezoning amendment. Within ten (10) days of said final decision, the Planning Commission shall transmit its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed rezoning amendment to the Lake County General Plan, and a copy of the proposed amendment The draft Ordinance to approve the Rezone is included in Attachment F, and the draft Resolution to approve the General Plan Amendment is included in Attachment G for the Board’s consideration.
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Recommended Action:
Staff recommends the Board of Supervisors take the following actions the following:
A. Adopt the Ordinance, approving the Rezone (RZ 23-02) with the following findings:
1. That the rezone is consistent with the area’s zoning designations.
2. That this rezone does not constitute ‘spot zoning’ based on adjacent zoning and existing land uses in the vicinity.
3. That rezoning this property from “O-SC” Open Space - Scenic Combining to “R1-SC” Low Density Residential - Scenic Combining will not be detrimental to the area or the County.
4. This project, with the exception of the existing and future non-conforming parcel size, would be consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Lake County Zoning Ordinance.
5. That the violation of County Code Chapters 5 and 21 can be corrected by the approval of the rezoning with “as-built” building permits being obtained following the Board of Supervisors’ decision.
B. Adopt the Resolution, approving General Plan Amendment (GPAP 23-02) with the following findings:
1. That the General Plan Amendment is consistent with the area’s General Plan designations with the exception of the existing and future non-conforming parcel size.
2. That a General Plan Amendment for this property from Public Facilities to Low Density Residential will not be detrimental to the area or the County.
3. This project, with exception of the existing and future non-conforming parcel size, is consistent with the Lake County General Plan, Shoreline Communities Area Plan, and the Lake County Zoning Ordinance.
4. That the violations of Chapter 5 and 21 can be corrected by the approval of the General Plan Amendment with “as-built” building permits being obtained following the Board of Supervisors’ decision on the rezone and general plan amendment.
Sample Motions:
Rezone (RZ 23-02) Approval
I move that the reading of the ordinance be waived, and the title only be read.
I offer the ordinance.
General Plan Amendment (GPAP 23-02) Approval
I offer the resolution.