COUNTY OF LAKE - File #: 22-705

• File #: 22-705
• Version: 1
• Type: Action Item
• Status: Agenda Ready
• File created: 6/28/2022
• In control: Planning Commission
• On agenda: 7/14/2022
• Title: 9:15 a.m. Public Hearing on Consideration of a General Plan of Conformity (file no. GPC 22-06 and consider a Categorical Exemption (CE 22-21), per CEQA section 15301.The applicant, COUNTY OF LAKE is proposing Verification of compliance of the property with the General Plan designation of PL, Public Lands, which falls under the category of land designated as PF, Public Facilities. The project is located at 255 N. Main Street, Lakeport, CA; APN: 025-402-01.
• Sponsors: Community Development

Memorandum



'
Item #3
9:15 AM
July 14, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Eric Porter, Associate Planner
DATE: July 14, 2022
SUBJECT: General Plan Conformity, GPC 22-06, CE 22-21
Supervisor District 4
ATTACHMENTS: None

I. EXECUTIVE SUMMARY
Lake County owns a 1.03 acre property located at 255 Main Street, Lakeport. The site contains the Lake County Courthouse Museum Park, a County museum and park located within the Lakeport City Limits. The County Public Services Department has applied for a General Plan of Conformity for improvements, including:
* Benches and tables
* Small amphitheater
* Accent lighting
* Sculpture
* Walking trails
* Landscaping
* Interpretive panels
* Walkway improvements
The park is located in the City of Lakeport, but is owned, operated and improved by the County. Pursuant to California Government Code Section 53090 et seq. a 'local agency' is defined to mean 'an agency of the state for the local performance of governmental or proprietary function within limited boundaries' which does not include cities and counties. Under this section, cities and counties are exempt from following local zoning and building laws. Courts have found that these statutes recognize an intergovernmental immunity and that cities and counties are exempt from each other's building and zoning regulations, including compliance with general plans (Lawler v. City of Redding. Cal. App. 3d Dist. June 8, 1992, 7 Cal. App. 4th 778). This immunity applies to the proposed project. The County need not apply to the City of Lakeport to determine whether the project complies with the City's general plan, zoning ordinance, or building code.

Staff recommends approval of the General Plan Conformity, GPC 22-06, and adoption of the Categorical Exemption to CEQA, CE 22-21.
II. RECOMMENDATION
Staff recommends that the Planning Commission:
A. Adopt Categorical Exemption CE 22-21 for GPC 22-06 with the following finding...