Planning Commission — Thursday, July 13, 2023

On June 27, 2006, the Board of Supervisors approved a tentative subdivision map (SD 05-13) for the division of approximately 7.11 acres to create 16 residential lots. Also approved was a rezoning of the property from Unclassified to "R1" Single-Family Residential (RZ 05-14), a Deviation (DV 06-03) from on-site sidewalk improvements and an Initial Study (IS 05-70). The lots were originally approved to be connected to a public water system, Soda Bay CSA #20, and individual septic systems on each lot. In 2011, the State imposed a moratorium for any new connections into this water system based on available water quantity and quality; this moratorium remains in effect today. On June 28, 2018, the Planning Commission approved modification (MMM 17-01), Parcel Map (PM 18-01) and Initial Study (IS 18-01), which reduced the total number of lots from 16 to 4, and allowed connection to a private on-site well due to the water moratorium. The parcel map was due to expire on June 28, 2020. On May 28, 2020, the applicant (John Van Eck) submitted this extension request, which effectively delayed the expiration of the Parcel Map pending the outcome of this extension request. Due to past Staff turnover and limited Staff resources, this project experienced unusual delays in processing. On November 12, 2020, the Planning Commission heard this Parcel map Extension (PMX18-01) with recommendation to be heard by the Board of Supervisors for approval of the map time extension, yet the project was never scheduled on a board agenda. The project has returned to the Planning Commission, the deciding body according to the Lake County Zoning Ordinance, for consideration of an extension for six years. Staff recommends approval of the extension for six years.

Staff recommends that a six (6) year total time extension be granted for the parcel map, due to the extenuating circumstances of the error in staff recommendation and lack of board agenda scheduling, to give the applicant opportunity to complete the conditions necessary to record the final map. The Lake County Subdivision Ordinance allows the granting of extensions for a period or periods not exceeding a total of three years, yet state law allows for an extension of up to six years. The new expiration date of the parcel map would be November 12, 2026.

On March 21, 2023, the Appellant applied for a building permit to put a residence on a vacant parcel purchased at a tax sale from the County of Lake. The property is zoned "PDC-P-DR", Planned Development Commercial- Parking - Design Review overlay. The appellant was informed that this property's primary use is commercial, and the County could not approve the residence without a commercial use established. The appellant then filed an appeal based on the fact that there was a house on this parcel in the past.

Staff recommends the Planning Commission take the following actions: A. To deny the appeal and uphold the Community Development Departments decision based on the following findings. 1. Primary residential use is not in conformance with the Community Commercial Land Use Designation in the Lake County General Plan. 2. Primary residential use is not in conformance with the Shoreline Communities Area Plan. 3. Primary residential use is not in conformance with the Lake County Zoning Ordinance 4. The legal non-conforming use entitlement expired two years after the residence was demolished in 2003.