staff report for use permit modification 35-92-09 mckellar.pdf · dd:ckb . 1/21/2010 ....

STAFF REPORT FOR USE PERMIT RENEWAL and MODIFICATION #UR 35-92/09 and #UM 35-92/09 February 18, 2010

PAGE PC-1 OWNER/APPLICANT: Michael T. and Lisa A. McKellar PO Box 155 Piercy, Ca 95587 REQUEST: Major Use Permit Renewal and Modification to allow the continuance of

a recreational vehicle (RV) park with a reduction of 5 RV spaces leaving a total of 10 RV spaces.

LOCATION: 2.3+/- miles north of Piercy, lying on the east side of State Highway 271,

600+/- feet south of its intersection with U.S. Highway 101, located at 84001 Highway 271; AP# 053-020-07.

TOTAL ACREAGE: 5.39+/- acres GENERAL PLAN: Rural Community (RC) ZONING: Rural Community: 40,000 square foot minimum (RC40), Flood Plain (FP) EXISTING USES: Recreational Vehicle Park ADJACENT ZONING: North: Rural Community: 40,000 square foot minimum (RC40), East: Rural Residential: 5 acre minimum (RR5), Flood Plain (FP) South: Eel River/Highway Right of Way West: Rural Community: 40,000 square foot minimum (RC40) Flood Plain (FP) SURROUNDING LAND USES: North: Vacant East: Highway /Residential South: Eel River/Highway Right of Way West: Highway 271/Residential SURROUNDING LOT SIZES: North: 2+/- acres East: 8.87+/- acres South: Eel River/Hwy Right of Way West: 10.18+/- acres SUPERVISORIAL DISTRICT: 4 OTHER RELATED APPLICATIONS ON SITE OR SURROUNDING AREA: Use Permit #U 119-80 was approved by the Planning Commission on January 15, 1981 for the expansion of an existing recreational vehicle park from 4 spaces to 29 spaces along with the conversion of an existing building to a bar and recreation room and the placement of 2 mobile homes on the site to be used as permanent residential units. #U 119-80 was approved for 10 years and expired on February 5, 1991. As the business continued to operate without benefit of a use permit, a Zoning Violation #Z 19-92 was opened for the purpose of resolving the violation. Responding to the violation, the owners submitted Use Permit #U 35-92 to legalize the business and to reduce the number of RV spaces from 29 to 15. The project request was approved by the Planning Commission on April 7, 1994 with a new expiration date of April 17, 2009. PROJECT DESCRIPTION: The applicant is requesting a renewal of their Use Permit and a modification to reduce the number of RV spaces from 15 to 10 spaces. Specific sites 11-15 as identified on the applicant’s plot plan (PC 12) are proposed for elimination. All 10 remaining spaces have water and electrical hookups, and 3 spaces also have sewer hookups. Other existing improvements on the property include a 256+/- square foot restroom, the owner’s residence, 1 campsite with no hook-ups and a detached storage shed. Sewage disposal is provided

STAFF REPORT FOR USE PERMIT RENEWAL and MODIFICATION #UR 35-92/09 and #UM 35-92/09 PAGE PC-2

by an individual on-site septic system and potable water is supplied by a well and 2,500 gallon storage tank. The “Cooks Valley RV Park” has been out of operation for several years, but the owners want to keep the use permit entitlement should they decide to re-open the business. The applicant will need to obtain a business license from the Treasure Tax-Collector office prior to the start of operation (Condition Number 1). No new development is proposed. ENVIRONMENTAL REVIEW: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 1, Section 15301. However, in assessing impacts the following areas of concern are noted. Water (Items 3D and 3F): The Division of Environmental Health (DEH) has reviewed the project with respect to water availability and on-site sewage disposal system. Improvements have already been developed and DEH provided a “no comment” response to staff’s referral and is recommending approval of the project. No further mitigation required. According to FEMA Flood Insurance Rate Map Panel # 060183 0050B, the southern half of the property is located within the 100-year flood plain, due to its proximity to the Eel River that bisects the property (page PC 13). The 100-year flood plain is the area projected to have a one percent chance of being flooded in any given year, or an average of one chance of being flooded in 100 years. The flood plain could impact some of the RV spaces, however no development is proposed as part of this continued entitlement and RV sites can be relatively easily vacated during periods of high water. No mitigation is necessary to achieve consistency with Flood Plain provisions of County Code. Plant and Animal Life (Items 4A, 4B, 5A and 5B): According to the Natural Diversity Database, Coast Fawn Lily may be present along the eastern portion of the property. Also, according to the Biological Resource Map, the south fork of the Eel River supports populations of steelhead, trout and salmon. As the site has already been substantially developed and no new development is proposed, no significant impacts to the Coast Fawn Lily or fish habitat is anticipated. The Department of Fish and Game did not respond to staff’s referral. The project is Categorically Exempt from CEQA, therefore, exempt from the Department of Fish and Game Section 711.4 wildlife habitat loss mitigation fee. Light and Glare (Item 7A): The application states that no exterior lighting is proposed. In the event that exterior lighting should be installed in the future, Condition Number 2 is recommended to require that any future lights be shielded to prevent the light source from being visible from off the property. Transportation/Circulation (Items 12A, 12C and 12F): The parcel fronts both Highway 101 and 271 with access provided from a private driveway off Highway 271. The Department of Transportation provided a “no comment” response to staff’s referral. and Caltrans did not respond to staff referral. No mitigation required. ENVIRONMENTAL RECOMMENDATION: The project is Categorically Exempt from CEQA, Class 1, Section 15301. GENERAL PLAN CONSISTENCY RECOMMENDATION: The proposed project is consistent with applicable goals and policies of the General Plan. RECOMMENDED MOTION: General Plan Consistency Finding: As discussed under pertinent sections of the staff report, the proposed project is consistent with applicable goals and policies of the General Plan as subject to the conditions being recommended by staff.

Environmental Findings: The Planning Commission finds that the project is Categorically Exempt from CEQA, Class 1. Project Findings: The Planning Commission approves #UR 35-92/09 and #UM 35-92/09 subject to the conditions of approval recommended by staff further finding: 1. That adequate utilities, access roads, drainage and other necessary facilities have been or are

being provided.


2. That the proposed use will not constitute a nuisance or be detrimental to the health, safety,

peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

3. That such use preserves the integrity of the zoning district.

RECOMMENDED CONDITIONS: 1. Prior to commencement of business operations, the applicant shall obtain a business license from the County Treasurer-Tax Collector office. 2. Exterior light fixtures shall be designed or located so that only reflected, non-glaring light is visible from beyond the immediate vicinity of the site, and shall be turned off except when in use by facility personnel. 3. In the event that archaeological resources are encountered during construction of the project, work in the immediate vicinity of the find shall be halted until all requirements of Chapter 22.12 of the Mendocino County Code relating to archaeological discoveries have been satisfied. 4. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 20 of the Mendocino County Code unless modified by conditions of the use permit. 5. The application along with supplemental exhibits and related material shall be considered elements of this entitlement and compliance therewith shall be mandatory, unless a modification has been approved by the Planning Commission. 6. This permit is subject to the securing of all necessary permits for the proposed development and eventual use from county, state and federal agencies having jurisdiction. Any requirements imposed by an agency having jurisdiction shall be considered a condition of this permit. 7. This permit shall be subject to revocation or modification by the Planning Commission upon a finding of any one or more of the following grounds: a. That the permit was obtained or extended by fraud. b. That one or more of the conditions upon which the permit was granted have been violated. c. That the use for which the permit was granted is conducted in a manner detrimental to the public health, welfare or safety, or is a nuisance. Any revocation shall proceed as specified in Title 20 of the Mendocino County Code. 8. This permit is issued without a legal determination having been made upon the number, size or shape of

parcels encompassed within the permit boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit boundaries are different than that which is legally required by this permit, this permit shall become null and void.

9. This permit is issued for a period of fifteen years, and shall expire on February 18, 2025. The applicant

has the sole responsibility for renewing this permit before the expiration date. The county will not provide a notice prior to the expiration date.

10. This permit shall become effective after all applicable appeal periods have expired or appeal processes

have been exhausted.


___________________________________ ________________________________________ DATE DUSTY DULEY PLANNER II DD:ckb 1/21/2010 Categorically Exempt Appeal Fee - $1,020.00 Appeal Period - 10 days REFERRAL REFERRAL REFERRAL COMMENTS AGENCIES NOT RETURNED RECEIVED RECEIVED "NO COMMENT" Dept of Transportation X Environmental Health X Building Inspection X Assessor X Ag Commissioner X Air Quality Mgmt. District X Cal Fire X Dept. of Fish & Game X Anderson Valley Fire District X Federal Aviation Administration X Public Utilities Commission X Federal Communication Comm. X

COUNTY OF MENDOCINO DEPARTMENT OF PLANNING AND BUILDING SERVICES 501 LOW GAP ROAD ROOM 1440 UKIAH CALIFORNIA 95482

IGNACIO GONZALEZ, DIRECTORTelephone 707-463-4281

FAX [email protected]

www.co.mendocino.ca.us/planning

February 1, 2010

NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Mendocino County Planning Commission at its regular meeting on Thursday, February 18, 2010, at 9:00 a.m., to be held in the Board of Supervisors Chambers, 501 Low Gap Road, Ukiah, California, will conduct a public hearing on the following project at the time listed or as soon thereafter as the item(s) may be heard.

CASE#: UR 35-92/2009 DATE FILED: 4/14/2009 OWNER: MICHAEL MCKELLAR APPLICANT: MICHAEL MCKELLAR REQUEST: Use Permit Renewal to allow the continuance of a recreational vehicle (RV) park with a reduction of 5 RV spaces leaving a total of 10 RV spaces and a 256+/-square foot restroom facility. LOCATION: 2.3+/- miles north of Piercy lying on the east side of Highway 271, 600+/- feet south of its intersection with Highway 101, located at 84001 Highway 271; AP# 053-020-07. PROJECT COORDINATOR: DUSTY DULEY ENVIRONMENTAL DETERMINATION: The request has been processed through the County Environmental Review Process and it has been determined that the project is Categorically Exempt from environmental review. The staff report and notice are available for public review at 501 Low Gap Road, Room 1440, Ukiah, California and on the Department of Planning and Building Services website at www.co.mendocino.ca.us/planning.

Your comments regarding the above project(s) are invited. Written comments should be submitted to the Department of Planning and Building Services, at 501 Low Gap Road, Room 1440, Ukiah, California, 95482, no later than February 17, 2010. Oral comments may be presented to the Planning Commission during the public hearing. The Planning Commission's action regarding this item shall be final unless appealed to the Board of Supervisors. The last day to file an appeal of the Planning Commission's decision is the 10th day after the hearing. To file an appeal, a written statement must be filed with the Clerk of the Board with a filing fee prior to the expiration of the above noted appeal period. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Department of Planning and Building Services at, or prior to, the public hearing. All persons are invited to appear and present testimony in this matter. Additional information regarding the above noted item(s) may be obtained by calling the Department of Planning and Building Services at 463-4281, Monday through Friday, 8:00 a.m. through 5:00 p.m. Should you desire notification of the Planning Commission's decision you may do so by requesting notification in writing and providing a self-addressed stamped envelope to the Department of Planning and Building Services. IGNACIO GONZALEZ, Director of Planning and Building Services

COUNTY OF MENDOCINO DEPARTMENT OF PLANNING AND BUILDING SERVICES 501 LOW GAP ROAD ROOM 1440 UKIAH CALIFORNIA 95482

IGNACIO GONZALEZ, DIRECTORTelephone 707-463-4281

FAX [email protected]

www.co.mendocino.ca.us/planning

February 1, 2010 TO: Mendocino County Observer FROM: Christina Basor, Staff Assistant III SUBJECT: Publication of Legal Notice. Please publish the following notice one time on February 4, 2010 in the Legal Notices Section of the Mendocino County Observer.

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT the Mendocino County Planning Commission at its regular meeting on

Thursday, February 18, 2010, at 9:00 a.m., to be held in the Board of Supervisors Chambers, County

Administration Center, 501 Low Gap Road, Ukiah, California, will conduct a public hearing on the following

project(s) at the time listed or as soon thereafter as the item(s) may be heard. CASE#: UR 35-92/2009

DATE FILED: 4/14/2009

OWNER: MICHAEL MCKELLAR

APPLICANT: MICHAEL MCKELLAR

REQUEST: Use Permit Renewal to allow the continuance of a recreational vehicle (RV) park with a

reduction of 5 RV spaces leaving a total of 10 RV spaces and a 256+/-square foot restroom facility.

LOCATION: 2.3+/- miles north of Piercy lying on the east side of Highway 271, 600+/- feet south of its

intersection with Highway 101, located at 84001 Highway 271; AP# 053-020-07.

PROJECT COORDINATOR: DUSTY DULEY

ENVIRONMENTAL DETERMINATION: The request has been processed through the County

Environmental Review Process and it has been determined that the project is Categorically Exempt from

environmental review. The staff report and notice are available for public review at 501 Low Gap Road,

Room 1440, Ukiah, California and on the Department of Planning and Building Services website at

www.co.mendocino.ca.us/planning.

Your comments regarding the above project are invited. Written comments should be submitted to the

Department of Planning and Building Services, at 501 Low Gap Road, Room 1440, Ukiah, California, 95482, no

later than February 17, 2010. Oral comments may be presented to the Planning Commission during the public

hearing.

The Planning Commission's action regarding this item shall be final unless appealed to the Board of Supervisors.

The last day to file an appeal is the 10th day after the Planning Commission's decision. To file an appeal of the

Planning Commission's decision, a written statement must be filed with the Clerk of the Board with a filing fee

prior to the expiration of the above noted appeal period. If you challenge the project in court, you may be limited

to raising only those issues you or someone else raised at the public hearing described in this notice, or in written

correspondence delivered to the Department of Planning and Building Services or the Planning Commission at, or

prior to, the public hearing. All persons are invited to appear and present testimony in this matter.

Additional information regarding the above noted item may be obtained by calling the Department of Planning and

Building Services at 463-4281, Monday through Friday, 8:00 a.m. through 5:00 p.m. Should you desire

notification of the Planning Commission's decision you may do so by requesting notification in writing and

providing a self-addressed stamped envelope to the Department of Planning and Building Services.

IGNACIO GONZALEZ, Director of Planning & Building Services

staff report for use permit modification 35-92-09 mckellar.pdf · dd:ckb . 1/21/2010 ....

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