CLEARLAKE, Calif. – The Clearlake Planning Commission last week granted a four-year extension of a use permit with additional conditions for a subdivision project that has been put on hold for several years due to the state of economy.
The project, referred to as Monte Vista Homes, proposes development of single family homes or duplexes in the area of 3595 Old Highway 53.
Actions at the July 1 meeting also included approval of a mitigated negative declaration of environmental impact related to the project and intent to adopt such.
Clearlake City Manager Joan Phillipe said a notice of intent to adopt the mitigated negative declaration must be publicly noticed with a 20-day review period.
She said the resolution is to be scheduled for adoption Aug. 5 to provide sufficient time for public notice.
Additional conditions attached to the extension of the use permit concern infrastructure requirements, which applicant Owen O'Donnell said were acceptable.
Conditions pertain to drainage and run-off, flood zone regulations, lighting and clarification indicating all utilities are to be installed underground.
An amendment concerning the formation of a street maintenance district also was included in the action.
Phillipe said there are several types of districts that can be formed, each requiring an election of the property owners.
She said it is important to condition the project in such that it requires the formation of the street maintenance district prior to the selling of parcels at the time in which there is a single property owner.
O'Donnell, who is the single property owner, said the condition was acceptable.
Phillipe said the developer usually constructs any streets for a new subdivision. The maintenance district then covers the cost of normal maintenance and repairs of the street as well as replacement in 50 years.
Depending on what type of maintenance district is formed, Phillipe said additional costs for purposes such as street lighting and sidewalk repair can be included.
According to Phillipe, the city engineer will determine the cost of what is to be included in the district and its annual budget, which results in an annual assessment of each property collected with property taxes. The funds are accounted for in a dedicated account by the city with an annual budget prepared for any anticipated expenditures for work and/or costs in the district.
O'Donnell and his development partner Ashwin Gulati received approval of a tentative subdivision map in 2008, which received extension in November 2009 prior to its expiration. The map subdivides a parcel of land into 23 residential lots and four commercial lots.
Phillipe said O'Donnell verbally requested an additional extension to the tentative map in August 2013.
She said Gov. Jerry Brown signed legislation in July 2013 continuing a two-year automatic map extensions given the state of the economy, which makes the project's tentative map effective until Jan. 2016.
According to Phillipe, in the process of attending to the tentative map, it was discovered that the use permit for the project expired. She said that upon further review, it was determined that there was nothing in the file indicating that the need for an extension had been discussed with the applicant.
"It appears this is another case of a file falling through the cracks," Phillipe stated in her report to the commission.
According to Phillipe, it also was discovered that the Fish and Wildlife fees had not been paid with the original approval nor had the notice of intent to adopt the mitigated negative declaration been filed with the county.
The Aug. 5 public hearing will provide for appropriate filing and payment of fees, she said.
The mitigated negative declaration sets forth 30 mitigation measures in the following areas: aesthetics in that all exterior lighting shall be shielded and/or directed so as not to produce offsite glare; air quality addressing construction activities, debris and structure removal, and inspection for the presence of asbestos; biological resources addressing the protection of trees; hydrology and water quality requiring grading and stormwater drainage plans and erosion control conditions; land use and planning addressing lot size and structure type; noise (during construction); public services addressing standards for fire protection; utilities and service systems addressing utility and drainage easements, water distribution and storage facilities, and sewer and sanitation concerns.
Mitigation measures also are presented in the areas of cultural resources, geology and soils, hazards and hazardous materials.
Additionally, transportation and traffic mitigation measures address construction of internal access roads requiring curb, gutter and sidewalk to standards of a residential street, installation/approval of street name signs and location, and an emergency access easement at the north end of the development property.
Transportation and traffic mitigation also require a development agreement requiring of the applicant payment of a fair-share of intersection improvements and signalization of Old Highway 53 and Olympic Drive for each lot as it is developed. A zone of benefit is to be established to determine the fair share for the development.
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