LAKEPORT – Last Tuesday the Board of Supervisors put its seal of approval on the county's eighth and final area plan.
The Shoreline Communities Area Plan – which takes on the complicated issues of the Northshore's paper subdivisions and commercial zoning along Highway 20 – was accepted in a unanimous vote on Tuesday afternoon, following a more than two-hour hearing.
The plan can be found on the county Web site at www.co.lake.ca.us/Government/Directory/Community_Development/Documents.htm .
Community Development Director Rick Coel said it was the last area plan to be completed.
The county's eight planning areas – Shoreline, Middletown, Lower Lake, Cobb, Kelseyville, Lakeport, Upper Lake/Nice and the Rivieras – complement the county's general plan, the new version of which was finalized last fall, and offer more precise reflections of the characteristics of the specific areas they represent, said Senior Planner Kevin Ingram.
Coel and Ingram took the final draft of the plan – which has been the subject of two March town halls and four Planning Commission meetings – to the board for final approval. The plan covers the communities of Lucerne, Kono Tayee, Paradise Valley, Glenhaven, Clearlake Oaks and Clearlake Park.
Ingram explained than work on the plan originally began in 2000, when an advisory committee was appointed to assist with the work. However, due to the building boom that followed, coupled with Community Development staff turnover, the process wasn't completed.
He said a new advisory committee was appointed to carry on with the work in 2008. That group consisted for Judy Barnes, Donna Christopher, Holly Harris, Diana Hershey, Iris Hudson, Travis Lipscomb, Wanda Quitiquit, Clay Shannon, William Tett and John Tomkins.
The committee held 10 meetings on the plan, which Ingram said offers an overview of planning issues and “guidelines for the longterm growth and development of the shoreline community over the next 20 years.”
Ingram said the plan uses general plan estimates of 2 percent annual growth in established community growth boundaries and a 0.75 percent annual growth rate in the remaining rural areas as it looks at how much additional housing will be needed in the decades to come.
“Lake County, as a whole, has a high vacancy rate in existing housing compared to national/state averages,” Ingram said. “The shoreline communities area is no exception.”
Planners believe a majority of the area's housing needs over the coming 20 years can be satisfied within the existing community growth boundaries, Ingram said.
Some of the plan's key concepts mirror the general plan, including developing the community growth boundaries, which identify areas of future development. Those boundaries, Ingram explained, are meant to avoid urban sprawl and concentrate development in areas where it already exists.
Another key concept, Ingram explained, is the development of town centers, such as 13th Avenue and the Promenade in Lucerne and Clearlake Oaks' Plaza and commercial district.
The third concept, found in the plan's chapter four, took on the thousands of paper lots contained in subdivisions in the hills above the shoreline communities, he said.
“These lots were subdivided at the beginning of last century but never included necessary infrastructure, including roads, water and sewer,” said Ingram.
Many of those lots also exist on slopes of more than 30 percent or in tributary creek channels, Ingram said.
The committee dedicated considerable time and tremendous effort to come up with a plan to address what Ingram said were “the multitude of problems associated with these lots.”
Ingram said the committee created a “substandard older subdivision” zoning designation specifically to apply to the paper subdivisions.
That zoning designation requires roads and emergency access, as well as geotechnical studies for building to take place. Ingram said a more longterm approach to the subdivisions is to limit unrestricted access to them, encourage consolidation of the properties and stop the continuing cycle of resale. All of that is meant to increase public safety and stop illegal activities, including dumping and off-highway vehicle riding on private lands.
Highway 20's beautification and safety is the center of another key plan concept, Ingram said.
“Highway 20 is the lifeblood of the planning area,” he said, with it offering a major thoroughfare between interstates as well as a local tourist pathway.
The ability to see and enjoy the lake was the focus of concern as well. “The advisory committee clearly stated in their meetings that they had some huge concerns with the disappearance over time of viewshed to and from the lake,” Ingram said.
Larger homes replacing older, smaller homes as well as development of previously vacant lands have played a part in that decreasing viewshed. So Ingram said the committee created guidelines and design standards for projects on the shoreline, with a view to balancing the viewshed's preservation with property rights. Those guidelines are just meant to be a starting point.
Some of the plan's other key concepts include reducing erosion and sediment, fire protection in wildland areas, improvements to water and sewer services, protection of scenic resources, enhancing recreational opportunities, and commercial resort uses and attractions.
The plan also eliminates some zoning designations, such as the mobilehome combining district, which allowed for the placement of singlewide mobile homes, as well as the “unclassified” designation, which covers 9,230 acres of the plan area, particularly east of Clearlake Oaks. Most of the currently zoned unclassified areas would go to rural lands or suburban residential reserve zoning, said Coel.
Board Chair Denise Rushing asked Coel about the most controversial issues remaining to be solved. He said zoning along a two-block area on the highway in Lucerne that planners suggest move from commercial highway to multifamily residential and a rezone requested in Clearlake Oaks by Ben Lawson to put a mobile home park on a two-acre lakefront parcel are the “big ones” he said.
Rushing said she had encouraged the group to look at the paper subdivisions and come up with something to help the county go forward in a meaningful way.
Supervisor Jeff Smith said when the lots in those areas come up for tax sale the county needs to pick them up and set them aside, with a view to turning them over to the Bureau of Land Management or other entities that own the surrounding lands.
Supervisor Rob Brown suggested they needed to have a separate discussion about acquiring the lots. Picking up the lots above Lucerne makes sense, but not other more remote areas.
Smith said he believed they should do something to protect people from buying the lots.
“If a fool wants to part with his money, that's his business,” said Brown.
Coel said the older subdivision combining district is meant to help that, and is a red flag to make potential buyers realize that they'll need to provide the roads and infrastructure.
“It's probably the most blunt statement you could make through zoning as far as future ability to construct on those properties,” said Coel.
Property owners argue for commercial zoning
Considerable discussion was devoted to the commercial zoning issues along the stretch of Highway 20 that passes through Lucerne.
Planners want the town's center to be along 13th Avenue, and limited commercial zoning along the highway in an effort to stop commercial from sprawling throughout the town.
But several property owners, particularly around Second and Third Avenues, and 14th Avenue, asked the board to allow them to keep their commercial zoning and not change it to multifamily housing, as they believed it would damage property value and severely limit future uses.
Supervisor Anthony Farrington said he preferred the flexibility of C-1 commercial zoning. “Residential development to me right on the highway does not make sense,” he said.
Mixed use with commercial below and residential above made more sense, he added.
Coel said the rationale was that multifamily residential allows for two- or three-story buildings, which could be condominiums or rental units.
Scotty MacNeil, who renovated a property on the highway between Second and Third Avenues and built a Swiss-style chalet which currently houses a Thai restaurant, wanted to offer the board a “quantum think” on the entire plan, and said the county encouraged him to go with the Swiss theme to help revitalize the community.
He said he spent half a million dollars on his property. With C2 commercial zoning, an investor with more money could combine his land with nearly parcels and turn it into a Swiss-style boutique hotel with a glass elevator and rooftop restaurant overlooking the park across the street and Clear Lake.
Lower Lake attorney Ron Green, speaking on behalf of his client Steve Merchen, said Merchen's land on Third Avenue – which had been used as a real estate office and is now rented to a marijuana collective – has always had uses in keeping with the C2 zoning.
The shoreline plan had proposed R1 residential zoning for that parcel, which is located just off the highway. At its Aug. 13 meeting the Lake County Planning Commission proposed changing it to C1 zoning.
Dr. Bob Gardner, the medical director for a clinic located on Highway 20 and 14th Avenue, said when he started the clinic 13 years ago the property was zoned C2, and he wanted to keep that.
Smith asked about the downside of zoning some of the property to C2. Coel said it allows a wider variety of uses with longer opening hours.
Some of those same uses would be allowed under C1, said Brown, adding that the lots are more limited by their size than they are by their zoning, and none are being downzoned.
Coel told the board, “I'm kinda kicking myself on this one,” explaining that they should maybe have left the commercial highway zoning as it was.
He explained that C1 zoning does not allow lodging but does permit lighter uses like restaurants. Commercial highway – the current zoning of MacNeil's and other properties of concern – and C2 zoning allow lodging and restaurants.
Minor and major use permits, on top of the current zoning, can expand the array of uses significant, Coel said.
After hearing about MacNeil's plans and his investment, information planners didn't previously have, Coel proposed removing the proposal for multifamily residential zoning between Second and Third avenues and keep the current commercial highway zoning.
“I think that's going to be the best fit given the three zoning choices you have and what Scotty's requesting,” said Coel.
MacNeil said he wanted the C2 zoning. “It helps validate my significant investment,” he said, otherwise he believed his property was being devalued.
“If it's not changed, we're not devaluing it,” replied Rushing, adding that if it was changed MacNeil would gain economically.
Farrington said it would be poor planning to make zoning decisions based on financial interests.
Coel said the county's redevelopment agency has a good track record of working with developers when they come in with a plan.
He added that planners are still working with a zoning ordinance more than 20 years old, and his department is now beginning work on updating it, with plans to bring an overhauled draft to the board next year.
“That may help resolve a lot of this conflict you're seeing” regarding different zoning, Coel said.
Rushing passed the gavel to Farrington, the vice chair, in order to move amendments to the plan, including leaving the block between Second and Third avenues commercial highway, placing C1 zoning on Merchen's parcel, and designating planned development commercial on Gardner's property and extending around the corner on 14th Avenue.
After the board unanimously accepted those amendments, Rushing moved acceptance of the entire plan, which the board also approved 5-0, with a round of applause following from the gallery.
Rushing thanked staff, the committee and the Lake County Planning Commission.
“This was an amazing effort on both the part of staff and the community, so thank you so much,” she said.
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