File #: 24-907    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 8/16/2024 In control: Planning Commission
On agenda: 8/22/2024 Final action:
Title: 9:20am PUBLIC HEARING - consideration of a proposed Rezone (RZ 23-02); General Plan Amendment (GPAP 23-02) and Negative Declaration (IS 23-15), to change the existing zoning designation from Open Space “O” – Scenic Combining “SC” District to Single Family Residential “R1” – Scenic Combining District “SC”, and a general plan amendment to change the existing general plan designation from Public Facilities "PF" to Low Density Residential "LDR". Applicant: Melissa Lim; Location: 9460 E. Highway 20, Glenhaven, 95443 (APN 035-041-19).
Sponsors: Community Development
Attachments: 1. Proposed Exhibit “A” Zoning District & General Plan Land Use Map, 2. Draft Conditions of Approval, 3. Initial Study IS 23-15, 4. Agency Comments, 5. Public Comments, 6. Draft Planning Commission Resolution, 7. Staff Report
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Memorandum

 

 

Date:                                                               August 22, 2024                     

 

To:                                                               Planning Commission

 

From:                                                               Mireya G. Turner, Director                     

                                                               Michelle Irace, Principal Planner

                                                               Prepared by Laura Hall, Senior Planner

 

Subject:                     Consideration of proposed 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:

The applicant requests approval of a rezone to change the existing zoning designation from Open Space “O” - Scenic Combining “SC” District to Single Family Residential “R1” - Scenic Combining District “SC”, and a general plan amendment to change the existing general plan designation from Public Facilities PF to Low Density Residential LDR. If approved, the property owner would be able to convert the exiting structure, which was a former fire station, to a single family residence.

 

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.

 

Per Section 64.1 of the Lake County Municipal Code, the Board of Supervisors delegates to the Planning Commission the preliminary responsibility for certification of environmental documents.

 

As such, Staff recommends the Planning Commission approve and certify the Negative Declaration; and recommend approval of the General Plan and Rezone to the Board of Supervisors.

 

                                                               

 

Recommended Action: 

Staff recommends the Planning Commission:

 

A.                     Adopt Negative Declaration (IS 23-15) with the finding that the project would not result in detrimental impacts to the environment, and all impacts would be less than significant without mitigation measures.

 

B.                     Adopt the Resolution recommending approval of General Plan Amendment (GPAP 23-02) and Rezone (RZ 23-02) to the Board of Supervisors.

Staff recommends the Planning Commission provide the following recommendations to the County of Lake Board of Supervisors:

C.                     That the Board of Supervisors approve 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 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.

 

D.                     That the Board of Supervisors approve 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.