LAKEPORT, Calif. – Discussions on two local property owners' appeals of notices of violations on their businesses were continued by the Board of Supervisors on Tuesday.
U Wanna Camp at 2699 Scotts Creek Road in Lakeport, owned by Housing Holdings CA LLC, and the El Dorado Motel at 3955 Lakeshore Blvd., owned by Veronica Fisher, were on the Tuesday agenda, but the board didn't make decisions on either just yet due to the need for more information in the former case and an additional supervisor to sit in on proceedings in the latter.
In September 2009 both facilities were issued notices of violation by the Lake County Community Development Department, according to county documents.
The Board of Supervisors directed the department to bring nonconforming resorts and motels into compliance with county zoning rules, and U Wanna Camp and the El Dorado Motel were among the first to receive violation notices.
In a June discussion before the board, Community Development Department officials said they issued the violation because of longterm occupancy of RV spaces at the campground – which has an expired use permit – as well as the use of the park as a permanent living facility, as Lake County News has reported.
Supervisor Rob Brown said the board offered a continuance in June to allow staff and U Wanna Camp's owner, Teresa Thurman, a chance to get together and discuss the issues. He asked about the progress of those discussions.
“Staff has no progress to report,” said Community Development Director Rick Coel. “We continue to encourage the property owner to make applications for a new use permit and to begin transitioning the site into transient use.”
But he said that application has not been filed. “I think the appellant just has a different opinion about what's going on,” he said.
Thurman's planning consultant, Mary Jane Fagalde – Coel's predecessor as the Community Development Department director – and attorney Steve Brookes also addressed the board.
Fagalde said in their research they found additional information that upholds their contention that Thurman's operation is a legal nonconforming use, with no use permit required.
She said the 30-space park, which went before the Lake County Planning Commission in 1975, was defined as “multiresort” under the 1971 zoning ordinance, a use which can include a combination of two or more types of resort housing such as cabins, travel trailers, trailer coaches or tents.
She maintained the park requires no permit, since it has continued since 1976 without abandonment or enlargement of that original use, said Fagalde.
Fagalde also contended that it's up to the state to oversee trailer parks and trailer resorts, not the county.
Coel said his department's position remained unchanged, and pointed out that the use permit the original owner received in 1975 was for five years and has expired.
“I don't agree that this site qualified under this definition of multiuse,” he said. “It was clearly approved as a campground.”
There are other issues as well, he said, including the fact that the site isn't on sewer.
Thurman said they have 10 campsites with septic hookups and 20 without.
Brookes said their argument was that U Wanna Camp is a special occupancy park, and the county had previously done nothing to disabuse anybody of that notion. That included not raising any concerns with Thurman when she approached the county before purchasing the campground.
While he applauded the board for trying to get resorts on the lake that have been converted to permanent housing back on track, “this is a little different creature,” and it's located “out in the middle of nowhere,” Brookes said.
He said a lot of harm can be down to Thurman if she isn't allowed to continue the existing use, and added his client “shouldn't be left holding the bag.”
Thurman told the board she never requested a change to permanent housing. “I am not here to ask you for a conversion.”
She said she had done her due diligence before buying the property. “I have been running the park for the same way it's been run for the last 30 years, and the county knows it,” she said, adding, “I'm requesting to be left alone and to try to make a living.”
Board Chair Anthony Farrington asked her about the duration of some of her park's residents. One has been there for 17 years, she said. Fagalde said the state requires RVs at the parks meet a certain standard.
Mobile homes that had been on the property when Thurman bought it were removed with the help of a county program, she said. At the park currently are about 17 RVs, of which eight are hooked up to septic.
Coel said a number of the RVs haven't been used or moved in many years, so they can't get to the septic dump station. Thurman said she has a “honey wagon” to pick up waste from those RVs in the park.
Brown said the whole point of an expiration on a permit is to make sure the permit holder is complying with necessary requirements.
Supervisor Denise Rushing said the issues appeared to be whether the county's concerns about the park fell within the county's jurisdiction, and what needed to be addressed even if the county doesn't have authority over the park.
Farrington asked County Counsel Anita Grant about what the county could do. Grant said the county's police powers weren't preempted.
Rushing said there also was a larger policy issue, with the state abandoning enforcement of its own permits.
“That's been an ongoing trend with the state forever,” said Brown.
The board asked Thurman to provide documentary evidence of contacts with county staff who she said had told her there were no issues. She said she didn't have anything in writing but she could get names from her records.
The matter will be continued to 10:30 a.m. next Tuesday, Sept. 21.
In Fisher's case, the discussion essentially stopped before it got started.
County staff gave a brief overview of the motel, which was issued a notice of violation for longterm occupancy, which Fisher said had been the case for many years.
Earlier this year, the Lake County Planning Commission was willing to grant Fisher's appeal of the notice of violation if she would set aside a number of rooms for short-term occupancy, but she and the commission couldn't agree on the number and the appeal was denied, county staff said.
Fisher has been paying the motel rate for sewer, which is about half of that for single-family dwellings, which county staff said raises issues for Special Districts.
Brown asked if the property could be rezoned to allow for the uses.
“I have encouraged the appellant to do that,” said Coel. “There's been resistance to do that.”
Farrington recused himself from the discussion. He had owned property near the location and, although he'd divested himself of it, was concerned over the perception, so he passed the gavel to Vice Chair Jim Comstock.
With Supervisor Jeff Smith also absent for the afternoon session, that raised a concern that the appeal would be denied if the discussion moved forward and the vote was split, as at least three affirmative votes were needed to make a decision one way or the other.
Fisher wanted to begin the discussion, and Comstock advised her that if a discussion started they could proceed to a vote.
Fisher's attorney, Dennis Fordham, asked for time to confer with her, and following a brief break they returned with an agreement to once again postpone the discussion, which has been previously scheduled before the board.
“It's been a tremendous stress on her,” said Fordham, who explained she decided to wait for a chance for a fourth vote.
Fisher, however, wanted to ask questions about certain issues and Fordham kept cautioning her to stop.
The matter will return to the board at 9:45 a.m. Tuesday, Sept. 28.
In other board action Tuesday, the board unanimously approved continuing a temporary moratorium on the establishment of new medical marijuana collectives and dispensaries.
Coel told the board that the Community Development Department continues to work to draft “a reasonable ordinance” to deal with zoning for medical marijuana establishments. He said that process has been delayed due to other, higher-priority projects.
He also pointed out that Proposition 19, which will appear on this November's ballot, proposes to legalize various marijuana-related uses and may also have some impact on zoning for new dispensaries. He said it would be best to extend the temporary moratorium until at least after the election.
Because of the proposition, Coel said it's been very difficult for his department to get advice and opinions on a zoning document.
“Basically, everybody's waiting to see what happens in November,” he said.
E-mail Elizabeth Larson at
How to resolve AdBlock issue? 
