- Elizabeth Larson
Neighbors appeal riding academy, clubhouse plans

THIS ARTICLE HAS BEEN UPDATED, WITH CLARIFICATIONS ON COMMISSIONER ROSENTHAL'S VOTE.
LAKEPORT – The problems with outdated zoning – particularly locating residential properties next to agriculturally zoned lands – is at the crux of a Kelseyville project that neighbors are appealing to the Board of Supervisors. {sidebar id=69}
John and Joanne Van Eck's planned riding academy at their Steelhead Drive property is set to go before the Board of Supervisors at the Tuesday, May 13 meeting.
On Feb. 28, after three public hearings amounting to eight hours of public input and commission discussion, the Lake County Planning Commission approved a minor use permit for the Van Eck's project.
Commissioners Monica Rosenthal and Clelia Baur were the dissenters in the 3-2 vote.
Rosenthal cited several reasons for her vote, among them her belief that the project should have a major use permit, with certain mitigation measures. The Van Ecks currently host three special nonprofit events a year, the same number that would be allowed under a minor use permit. Rosenthal didn't believe that was a realistic number, considering the number of groups they've supported in the past and might in the future with the riding academy's addition.
She also was concerned about the clubhouse having a minor use permit, which can only be approved, according to county ordinance, if it is not “detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood.” Based on the neighbors' testimony, Rosenthal believed they would be impacted in such a way that would make the permit inappropriate.
Baur also said she had issues with the project in its entirety.
Within days of the approval Steelhead resident Jim Clement filed the paperwork to send the matter to the Board of Supervisors for an appeal. Clement said he's not trying to be a bad neighbor, but he hasn't been able to overcome his concerns about the project and its impact on the neighborhood.
The project includes a 14,000-square-foot riding arena, a commercial stable, riding academy and a 2,276-square-foot clubhouse facility with a 2,200-square-foot open air, walled garden, according to Planning Department documents.
The Van Ecks say the project on their 76-acre property will serve 15 riding students, primarily children with disabilities. The minor use permit the Planning Commission granted them allows the ranch to host three special nonprofit events annually.
Clouding the issue of the project's worthiness are bad feelings, a previous lawsuit by the Van Ecks against the neighborhood water district and the neighbors' sense that the Van Ecks, ultimately, want to have a major events center at their ranch.
But planning officials and commissioners believe the primary issue appears to be a holdover from decades-old planning – the fact that the small subdivision along Steelhead Drive, and across from the Van Eck property – is residential and conflicts in many ways with the nearby agricultural zoning.
That was a point made by Rosenthal at the Feb. 28 Planning Commission meeting. Rosenthal, who lauded the Van Ecks for working to make agriculture productive, nevertheless cautioned, “It's very problematic for agriculture to abut suburban zoning.”
John Van Eck declined comment for this story, saying he wished to make his case before the board.
The project itself has been under intense scrutiny since public hearings began on it last summer. At the February hearing planners had placed on the agenda revocation of the Van Ecks' three farmworker housing units, including one duplex and one small unit that is actually a hardship residence for Joanne Van Eck's elderly mother.
Community Development Director Rick Coel said his department had difficulty ascertaining if the amount of agricultural activity on the land justified the housing, a concern he said the Van Ecks dispelled when they provided more information about their cattle, fish farming, horses and other operations.
Coel called sorting out the project “a real challenge.”
He told Lake County News that his department was looking at the project closely in order to take care of any outstanding issues and “get back to the merits of the use permit application.” Coel added that the Van Ecks have sought permits for all the buildings they've constructed on the property.
Questions have still remained, such as that posed by Planning Commissioner Clelia Baur at the Feb. 28 hearing, when she asked Coel if the duplex building format qualified for farm labor housing.
“That's been a difference of interpretation,” said Coel. “The way I interpret the zoning ordinance, no.”
Coel was put in what he called the “uncomfortable” position of answering the questions. The county's previous Community Development director, Mary Jane Fagalde, under whose tenure many of the Van Ecks' original permits were approved, is now representing the couple on the project, and argued their case before the commission.
In making his response to Baur's question Coel explained that the county issued, inspected and finalized the permits. “Whether that decision was correct or not I don't think is necessarily the point now.
“If it was a mistake, shame on us for making a mistake,” he said. “In the future I can assure you that is not the interpretation of the department.
Coel added that the county's zoning ordinance “definitely needs an overhaul.”
Fagalde said there has never been this much scrutiny on farm labor quarters in the county over the past 15 years.
She referred to a letter from Agriculture Commissioner Steve Hajik that said the Van Ecks' agricultural use qualified them for the housing.
The Van Ecks also have a small parcel of walnuts, 40 acres of hay which has been too wet to harvest over the last few years and plans for planting grapes, said Fagalde. At the time she said there were 25 head of cattle on the land.
Clement, who has been an outspoken critic of the plan, told the commissioners, “You don't have to live with it, we have to live with it.”
Neighbor Debbie Majestic said she was concerned about Fagalde's part in approving the farm labor duplex and the covered arena, especially since Fagalde was representing the Van Ecks' project.
“That was a little personal,” Fagalde responded, saying she has administered more than 15,000 building permits and finalized thousands of permits during her years as a building official. She added that she did not approve the project's zoning permits.
At the February hearing representatives of local nonprofits including Peoples Services, Hospice Services of Lake County and Lake Family Resource Center – on the board of which Joanne Van Eck is a member – came to speak on behalf of the couples' generosity and their plans.
During the February hearing neighbors raised concerns over roads and traffic, and stated their belief – based on statements they attributed to John Van Eck – that he planned to eventually seek a major use permit to make the property a events center.
“Put everything together. It doesn't match up,” said Majestic. “That's why we're concerned. It doesn't match up. The big picture doesn't fit.”
Majestic pointed to the original, much larger plans, which included a wine cave in the clubhouse.
Joanne Van Eck said that she's gone to the county with every idea she's had, and has tried to follow the rules. Her agricultural business, she said, is her right, but she was upset that her neighbors hadn't brought their concerns directly to her. “I can't believe they're saying the things they're saying about us.”
Her goal is to have a safe place for children to come and enjoy riding and driving horses. “The motive I have right now is that handicapped kids are going to be using my facility for free.”
She said in trying to achieve that goal she has been hit with red tags and stop work orders but no violations.
“I love cows, and I love horses, and I'd love to help kids and nonprofits,” she said.
Lakeport resident Melissa Fulton told the commission, “When you buy property you don't necessarily choose your neighbors.”
She suggested the neighbors should sit down and talk, because the project was a good one. The county, said Fulton, needs a good equestrian facility.
Coel said his staff had a central concern – the commercial kitchen in the clubhouse. “I am torn on that issue.”
Rosenthal suggested that the clubhouse would be underutilized on a minor use permit, because it would only be allowed three events a year. “It would be a shame to not do more.”
Swetnam said in making his decision he needed evidence that there were problems with the project. He said only one official complaint had been made by neighbors, and it was determined to be unfounded.
“There's nothing before me right now that I can hang my hat on that I can justify turning them down,” he said.
Coel's report to the board for Tuesday suggests Clement's appeal be turned down.
In a letter submitted to the board late last week, Clement urged the supervisors to vote in favor of his appeal, citing the project's close proximity to the high-density residential neighborhood.
Neighbors are concerned about noise levels and traffic on the narrow, dead-end street, said Clement, as well as possible impact on Cole Creek and the nearby Clear Lake State Park.
“We are adamantly opposed to the clubhouse in this Minor Use Permit,” Clement wrote. “Originally the clubhouse use was restricted to activities related to the riding academy and the 3 permitted special events. This restriction was deleted from the Minor Use Permit at the February Planning Commission meeting. The clubhouse can now be used an unlimited amount of times with no restrictions on the type of activity. We are extremely concerned about the lack of restrictions on the clubhouse in the revised minor use permit.”
Clement also questioned the actual agricultural use the Van Ecks say is taking place on the land. “We have no problem with the proper agricultural use of the property. We agree that this is the owner’s right. We have, however, seen little agricultural use.”
The issue will be discussed beginning at 9:15 a.m. at the Tuesday board meeting.
E-mail Elizabeth Larson at
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