011513 lakeport city council agenda packet

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Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the

City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

I. WORKSHOP: 4:30 p.m. - Brown Act presentation by Deputy City Clerk and City Attorney

II. CALL TO ORDER & ROLL CALL: 6:00 p.m.

III. PLEDGE OF ALLEGIANCE:

IV. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.

Urgency Items: To add item, Council is required to make a majority decision that an urgency e

(as defined in the Brown Act) and a 2/3rds determination that the need to take

action arose subsequent to the Agenda being posted.

V. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon bCouncil at one time without any discussion. Any Council Member may request that any item be removed from th

Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Conse

Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this

meeting for either introduction or passage per Government Code Section 3693

B. Minutes: Approve minutes of the regular City Council meeting of December 18, 2012.

C. Warrants: Approve warrants as listed on Warrant Registers dated December 12, 2012 and

December 19, 2012.

D. Building Permits Report: Review and file Building Permit Reports.

VI. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that thesubject is not already on tonights agenda. Persons wishing to address the City Council are required to complete

Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not requiredplease state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council c

take action or express a consensus of approval or disapproval on any public comments regarding matters which

appear on the printed agenda.

B. Presentation of Certificate of

Appreciation for Gazebo Renovation

Presentation of Certificate of Appreciation to Lakeport Rotary Club for

underwriting the renovations to the Library Park Gazebo.

C. Presentation from Chief of Police Report on Police Volunteer Hours 2012

VII. PUBLIC HEARING:

A. Appeal of Planning Commission

Revocation of Use Permit No. 04-05

Psalmonds Family Child Care

Consider the applicants appeal of the Planning Commission decision to revoke

Use Permit allowing the operation of a large family day care facility.

B. Secondary Accessory Dwelling Units Introduce an Ordinance to revise the regulations related to the placement andconstruction of secondary accessory dwelling units in the Citys residential zon

districts.

VIII. COUNCIL BUSINESS:

A. City Clerk

1. Appointments of Liaisons to

Commissions, Boards & Committees

Appoint Council members to various commissions, boards, and committees.

2. Appointment to Vector Control

District Board of Trustees

Appoint City of Lakeports representative to the Lake County Vector Control

Districts Board of Trustees to fill the vacancy created by the passing of the

incumbent appointee. The appointee will serve the remainder of the term,

effective January 15, 2013 and expiring at the end of 2013.

AGENDAREGULAR JOINT MEETING OF THE LAKEPORT CITY COUNCIL

AND THE LAKEPORT REDEVELOPMENT AGENCYTuesday, January 15, 2013

City Council Chambers, 225 Park Street, Lakeport, California 95453


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Lakeport City Council Agenda of January 15, 2013 Page 2

3. Appoint Members to the Lakeport

Economic Development Committee

Appoint members to the Lakeport Economic Development Committee effectiv

January 15, 2013 and expiring at the end of 2014.

4. Appoint Member to the Business &

Housing Loan Committee

Appoint John Norcio to the City of Lakeport Business & Housing Loan Committ

5. Election Services Approve resolution authorizing the City Clerk to obtain Election Services

B. Public Works Director

1. Westside Park Dedication Accept the Westside Community Park Committee recommended naming of Ph

2 of the Park to the "Jane Barnes Field", and authorize staff to work with the

Committee in locating the appropriate placement of the monument sign.

C. City Attorney

1. Witt Lease-Note Payoff Consider early pay-off of balance of Promissory Note owed to Mr. Chuck Witt a

discuss future use of the Witt property in the event of early lease termination.

IX. CITY COUNCIL COMMUNICATIONS:

A. Miscellaneous Reports, if any:

X. CLOSED SESSION: Pursuant to Government Code 54956.9(b), Anticipated Litigation

XI. REPORT FROM CLOSED SESSION:

XII. ADJOURNMENT: Adjourn

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at

Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website,www.cityoflakeport.com , subject to

staffs ability to post the documents before the meeting.

n compliance with theAmericans with Disabilities Act, the City of Lakeport will make available to members of the public any special assistance necessary to participate in

meeting. The public should contact the City Clerks Office at (707) 263-5615 to make such a request. Notification 72 hours prior to the meeting will enable the City to ma

reasonable arrangements to ensure accessibility to this meeting.

_______________________________________

Kelly Buendia, Acting City Clerk
http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/


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I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the regular meeting of the City Council to order at 6:00 p.

with Council Members Suzanne Lyons, Robert Rumfelt, Tom Engstrom present.

Council Member Roy Parmentier was absent.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Rumfelt

III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Engstrom, seconded by Council Membe

Lyons, and unanimously carried by voice vote, with Council Member Parmentie

absent, to accept the agenda as presented.

IV. CONSENT AGENDA:



B. Minutes: Approve minutes of the regular City Council meeting of December 4, 2012.

C. Warrants: Approve warrants as listed on Warrant Registers dated December 5, 2012.

Vote on Consent Agenda A motion was made by Council Member Engstrom, seconded by Council Membe

Rumfelt, and unanimously carried by voice vote, with Council Member Parment

absent, to approve the consent agenda.

V. CITY COUNCIL REORGANIZATION:

A. Resolution Reciting the Facts of the

Election and Declaring the Results

and Approve the Certificate of Canvass

A motion was made by Council Member Rumfelt, seconded by Council Member

Engstrom, and unanimously carried by voice vote, with Council Member

Parmentier absent, to adopt aResolution reciting the facts of the Consolidated

General Municipal Election held in the City of Lakeport on the 6th day of

November, 2012, declaring the results thereof and such other matters as are

provided by law.

A motion was made by Council Member Engstrom, seconded by Council MembeRumfelt, and unanimously carried by voice vote, with Council Member Parment

absent, to approve the Certificate of the County of Lakes result of the canvass

(Statement of Votes) of the Consolidated General Municipal Election held on

November 6, 2012, in conjunction with the Statewide General Election.

B. Oath of Office and Certificate of

Election

Deputy City Clerk Buendia administered the Oath of Office and provided

Certificates of Election to newly elected Council membersKenneth Parlet, II,

Martin Scheel, and Marc Spillman. The new Council was seated.

C. Appointment of Mayor and Mayor Pro

Tem

Council Member Spillman nominated Council Member Engstrom for Mayor. Th

were no further nominations. Council Member Engstrom was appointed as Ma

with the following Aye votes: Council Member Mattina, Council Member Parlet

Council Member Scheel and Council Member Spillman.

Council Member Scheel nominated Council Member Mattina for Mayor Pro Tem

There were no further nominations. Council Member Mattina was appointed a

Mayor Pro Tem with the following Aye votes: Council Member Engstrom, Coun

Member Parlet, Council Member Scheel, and Council Member Spillman.

VI. CONSENT AGENDA:



B. Minutes: Approve minutes of the special City Council meeting of November 29, 2012.

C. Building Permits Receive and file Building Report for November 2012

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL AND THE BOARD OF

DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICTTuesday, December 18, 2012


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Minutes of the Lakeport City Council Meeting of December 18, 2012 Page 2

D. Maddy Act Report Receive and file report from City Clerk in conformance with the California Madd

Act.

Vote on Consent Agenda A motion was made by Council Member Mattina, seconded by Council Member

Scheel, and unanimously carried by voice vote to approve the consent agenda.

VII. PUBLIC PRESENTATIONS/REQUESTS:

A. Citizen Input: Bob Bridges welcomed the new Council Members, and spoke about the need fo

new marijuana ordinance. He advised the time to adopt one is prior to the

growing season.

Carol Hays presented the Main Street Associations Business of the Quarter

Award to Paul and Barbara Breunig, and Eddie and Tina Brown of Hillside Honda

B. Presentation of Awards for Holiday

Decorating Contest

Barbara Breunig presented the following winners of the 2012 holiday decorating

contest: Business: Sanduccis Cottage (First Place), Rocky Point Care Center

(Second Place); Residence: Bussard family (First Place), Domagalski family

(Second Place).

VIII. PUBLIC HEARING:

A. Ordinance adopting the State of

California Uniform Construction CostAccounting Policy

Finance Director Buffalo and City Engineer Harter answered Council questions

before yielding the floor for public comments.

David Meek of Meek Construction commented that the amount of insurance

required by the City is prohibitive for local contractors, but otherwise was in fav

of the Ordinance.

Nancy Ruzicka spoke in favor of hiring local vendors.

A motion was made by Council Member Mattina, seconded by Council Member

Parlet, and unanimously carried by voice vote to adopt an Ordinance of the City

Council of the City of Lakeport, California, adding Chapter 3.050 Uniform Cost

Accounting of the Lakeport Municipal Code establishing informal bidding

procedures under the Uniform Public Construction Cost Accounting Act (Section

22000, et seq. of the California Public Contract Code).

IX. COUNCIL BUSINESS: There was no Council Business.

X. CITY COUNCIL COMMUNICATIONS:


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Minutes of the Lakeport City Council Meeting of December 18, 2012 Page 3

A. Miscellaneous Reports: City Engineer Harter welcomed the new Council Members.

Chief of Police Rasmussen welcomed the new Council Members, looks forward t

working with them.

Public Works Director Brannigan welcomed the new Council Members and wish

them a merry Christmas.

Finance Director Buffalo welcomed the new Council Members.

City Manager Silveira welcomed the new Council Members, and advised that

there is a Dropbox folder they can check to access pertinent documents.

Mayor Engstrom advised the new council members to look over a list of

committees in the coming weeks and decide on which they would like to serve.

Council Member Spillman thanked Council member Lyons who met with him to

provide information regarding his new seat.

Council Member Mattina reported on a Lake County Transit Authority meeting,

an Area Planning Commission meeting, on a Chamber of Commerce meeting.

Lake Transit: Ridership is slightly down, Mt. Konocti tours were very popular.

Area Planning Commission: Theyre working on a new website, name due to

public misperceptions regarding their mission.

Chamber of Commerce: Participation in the Light Parade is down, they welcom

public input and suggestions to increase participation.

She welcomed the new Council members.

Council Member Parlet thanked the City department heads who conducted an

orientation meeting, budget training, and assistance with I-pad. Looks forward

trying to make a difference. Will be attending training.

Council Member Scheel thanked staff for being accommodating. Thanked formCouncil Members Rumfelt, Parmentier and Lyons, and looks forward to getting t

job done.

XI. ADJOURNMENT: Mayor Engstrom adjourned the meeting at 7:45 p.m.

____________________________________

Kelly Buendia, Deputy City Clerk


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Meeting Date: 1/15/2013 Page 1 Agenda Item #V.D.

CITY OF LAKEPORTCity Council

City of Lakeport Municipal Sewer District

STAFF REPORTRE: Building Permit Report MEETING DATE: 1/15/13

SUBMITTED BY: Community Development Department

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/AGENCY/BOARD:

The Council is being asked to review the Building Permit Report for informational purposes only.

SUMMARY:

Attached is a copy of the December building permit log and pending permits. The following are totals forFiscal Year 2012/2013 for the Building Department:

Number of Permits 78Construction Value $6,279,536.32Permit Revenue $64,185.51

SUGGESTED MOTIONS:

Receive and file monthly Building Permit Report for December, 2012.

Attachments: Monthly Building Permit Report for December 2012


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Meeting Date: January 15, 2013 Page 1 Agenda Item #VII.A.


Lakeport Redevelopment AgencyCity of Lakeport Municipal Sewer District

STAFF REPORTRE: UP 04-05 / Marci Psalmonds

Appeal of Planning Commission Decision to Revoke UsePermit Allowing the Operation of a Large Family Day CareFacility

MEETING DATE: 01/15/13

SUBMITTED BY: Andrew Britton, Planning Services Manager



The City Council is being asked to consider an appeal of the Planning Commission's decision to revoke theUse Permit allowing the operation of a large family day care facility at 1310 Eleventh Street. A copy of thePlanning Commission Minute Order describing this action is attached to this staff report (Exhibit 1).

The appeal was submitted by the Use Permit applicant who currently operates the day care facility. A copyof the appeal application is also attached as Exhibit 2.

BACKGROUND:

The operation of a Large Family Day Care Facility requires the approval of a Use Permit according to theLakeport Municipal Code. A Use Permit was granted by the Planning Commission in 2004 allowing theoperation of the Large Family Day Care Facility at this location. The approval was subject to severalConditions of Approval which were agreed to by the applicant. A copy of the signed Project ConditionsAgreement is attached (Exhibit 3).

Condition of Approval #4 of the Use Permit requires the facility operator to repair and maintain the sharedprivate driveway that provides access to the day care facility, which is also the applicant's residence. Thiscondition is as follows:

4. By September 1, 2004, the applicant shall make repairs to the shared driveway including potholerepair where necessary and the installation of compacted road base material in at least two turn outlocations to provide an adequate all-weather surface. A plan detailing the location of the turn outsand other repairs shall be provided to the Community Development Department before the work is

started. The shared driveway and the turn out areas shall be maintained by the applicant for the lifeof the project or until the driveway is accepted into the City of Lakeport public street system (AldenAvenue).

The lack of adequate maintenance of the shared driveway has been an ongoing issue and has been thesubject of complaints from the neighboring property owners who also use the shared driveway. Variouscorrespondence related to the driveway maintenance dating back to 2006 is also attached for your reference(Exhibit 4).

Until very recently, the driveway was in very poor condition and there were significant ruts, potholes,missing asphalt and road base. Exhibit 5 includes several photos of the driveway taken in early November2012. City staff contacted the daycare providers via mail and phone and requested compliance which had


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not been attained in November 2012 when the Planning Commission reviewed the status of the Use Permit.The Staff Report recommending the revocation of the Use Permit is also attached (Exhibit 6). ThePlanning Commission made the appropriate determination that Condition of Approval #4 was not incompliance and revoked the Use Permit in accordance with the Citys Municipal Code.

DISCUSSION:

Subsequent to the Planning Commission's decision to revoke the Use Permit and after the appeal requestwas submitted, the applicant completed substantial improvements to the condition of the shared driveway

that provides access to the day care facility. City Planning and Engineering staff visited the site on January7, 2013 and found that the entire length of the driveway leading from Eleventh Street to the applicantsresidence has been improved with compacted road base material. Staff estimates that approximately 3 ofroad base was installed. The following photos show the current driveway conditions:

In staffs opinion the recent driveway improvements have eliminated most of the issues associated with thenoncompliance of Condition of Approval #4. Based on these improvements, staff supports the approval ofthe applicants appeal and the reinstatement of the Use Permit allowing the operation of a large family daycare facility. However, the original Condition of Approval #4 required the provision of at least two vehicleturn out areas which are to be provided with compacted road base. At the time of the recent site visit, therewere two turn out areas present along the west side of the driveway; however, neither area has beenadequately compacted. With respect to the lower turn out area, it appears to be lacking road base and is alsoa potential soil erosion and storm water quality problem due to a large volume of loose and unprotected soil.Photos of the two turn out areas are below:


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Upper turn out area Lower turn out area

If the City Council decides to approve the applicants appeal and reinstate the Use Permit, there are someoutstanding required improvements related to the provision of adequate vehicle turnout areas along with theneed to provide ongoing maintenance of the shared driveway. Ongoing and regular maintenance of thedriveway, particularly during the rainy season, will be required due to the topography of the driveway and

the adjoining open ditches that convey storm water. Staff therefore recommends the conditional approvalof the applicants appeal request subject to the following additional conditions of approval:

9. By February 1, 2013, the applicant shall provide two vehicle turn out areas along the west side ofthe shared driveway. The vehicle turn around areas shall be wide enough to allow two vehiclesto pass (in the driveway and turn out) and shall be provided with an adequate amount ofcompacted road base to ensure safe traffic movements. All remaining exposed soil in thevicinity of the lower turn out area shall be covered with straw which shall be tamped/punchedinto the soil to ensure that it effectively minimizes any soil erosion.

10. The applicant shall submit information and details regarding the ongoing maintenance of theshared driveway to the Community Development Department. Said information shall beprovided to the City on a bi-monthly basis each year between the months of October and April.The applicant is encouraged to provide photos of the driveway, invoices for materials and anyother documentation related to the driveway maintenance.

Staff recommends that the additional conditions of approval be incorporated into a revised ProjectConditions Agreement which shall be signed by the applicant. Staff also recommends that the Use Permitallowing the operation of a large family day care facility be formally reinstated upon the execution of therevised Project Conditions Agreement.

OPTIONS:

Staff suggests two options:

1. Grant the conditional approval of the applicants appeal and the subsequent reinstatement of theUse Permit allowing the operation of a large family day care facility upon the execution of a revisedProject Conditions Agreement as described above. The conditional approval of the appeal is basedon the driveway improvements completed thus far and the applicants agreement to comply with theprojects conditions of approval in the future.

2. Deny the applicants appeal and uphold the decision of the Planning Commission to revoke the UsePermit based on the fact that the applicant has not adequately maintained the driveway in violationof Condition of Approval #4 of the original Use Permit.

FISCAL IMPACT:

None $ Account Number: Comments:


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SUGGESTED MOTION:

Move that the City Council grant the conditional approval of the applicants appeal request and thereinstatement of the Use Permit allowing the operation of a large family day care facility at 1310 EleventhStreet subject to the execution of a revised Project Conditions Agreement which includes the additionalconditions of approval set forth in the staff report. The conditional approval of the appeal is based on thedriveway improvements completed thus far and the applicants agreement to comply with the projectsconditions of approval in the future.

Attachments: Exhibit 1: PC Minute Order 11/14/12Exhibit 2: Appeal ApplicationExhibit 3: Original Project Conditions Agreement UP 04-05Exhibit 4: Correspondence, etc. regarding driveway maintenanceExhibit 5: Driveway photos November 2012Exhibit 6: Staff Report to Planning Commission November 2012


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EXHIBIT 1

CITY OF LAKEPORTCommunity Development Department

225 PARK STREET TELEPHONE 707.263.5613 x28LAKEPORT, CALIFORNIA 95453 FAX 707.263.8584

E-MAIL [email protected]

November 15, 2012

Honorable Mayor & Membersof the City Council

City of Lakeport

Dear Council Members:

Please be advised of the following action taken by the Lakeport Planning Commission:

MINUTE ORDER

LAKEPORT PLANNING COMMISSION

REGULAR MEETING

(November 14, 2012)

UP 04-05 / Phil & Marci Psalmonds / Use Permit Revocation:

After a Public Hearing was conducted which included testimony from the applicant

and a neighboring property owner, a motion was made by Commissioner Gayner that

the Planning Commission revoke the Use Permit allowing the operation of a large family

day care home at 1310 Eleventh Street.

The motion stated that the decision to revoke the Use Permit was based on the

following findings:

a) the information and documentation contained in the Citys file and Staff Report

on the project;

b) the information and facts received at the public hearing on November 14, 2012;

and

c) the on-site review and observation of the driveway surface conditions

conducted by Lakeport City staff member Richard Knoll over a multiple month

period in July, August, September, and November of 2012 when it was

determined that there are significant existing ruts, potholes, loss of asphalt and


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PC Minute Order/ UP 04-05 November 15, 2012

Psalmonds Use Permit Revocation

2

road base in the shared driveway serving the daycare located at 1310 Eleventh

Street which is in non-compliance with the condition of approval #4 imposed by

the Lakeport Planning Commission in June of 2004. The shared driveway is in very

poor condition and has not been continually maintained in good condition.

The motion also included a request that the operator provide the City with a copy of

the amended small family daycare license within 60 days of the revocation of the largefamily daycare use permit.

The motion was seconded by Commissioner Taylor and approved by a 4-0 vote (one

commissioner was absent).

Respectfully submitted,

Andrew Britton

Planning Services Manager

Community Development Department


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EXHIBIT 6

CITY OF LAKEPORT

COMMUNITY DEVELOPMENT DEPARTMENT

STAFF REPORT

ITEM: VI. A.

DATE: November 14, 2012

FILE NO: UP 04-05

APPLICANT &PROPERTY OWNER:

Phil and Marci Psalmonds1310 Eleventh St.

Lakeport, CA 95453

STAFF CONTACT: Richard Knoll

PROPOSED ACTION AND LOCATION: Consideration of the revocation of the

use permit approved in 2004 for the operation of a large family day care

facility at the residence located at 1310 Eleventh Street. The subject

property is further described as APN 25-102-04.

GENERAL PLAN DESIGNATION AND ZONING DISTRICT: The subject property

is designated Low Density Residential according to the City of Lakeport

General Plan Land Use Map and is in the R-1 Low Density Residential Zoning

District according to the Citys zoning map. Section 17.04.050 E. of the City's

Zoning Ordinance indicates the operation of a large family day care facility is

an allowable use within this zoning district subject to approval of a use

permit and is also subject to the guidelines set forth in Section 17.24.110 E.

of the Zoning Ordinance pertaining to the operation of a large family day care

center.

PROJECT DESCRIPTION: In 2004 the project proponent submitted an

application for a use permit to allow the operation of a large family day care

facility. In addition to the required applications, a justification statement,

site plan, detailed site plan, floor plan, and color photos of the driveway area

and the interior day care area were submitted.


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2

Accessed via a shared private driveway that extends north from Eleventh

Street, the subject property has street frontage along Wild Oak Court in the

Rolling Oaks subdivision. The property is improved with a single family

dwelling which is located in the southern portion of the site. The property is

served by a circular driveway and also includes a detached carport and a

fenced outdoor play area.

The 20 foot wide driveway that extends from Eleventh Street and provides

access to the subject property is shared with the owner/resident of 1200

Eleventh Street. The driveway has a deteriorated asphalt surface. The

applicants circular driveway and parking areas are not paved but are

provided with a road base/gravel surface.

The application is currently licensed to provide day care for up to 14 children

CONFORMANCE WITH TITLE 17, CHAPTER 17.24.020, OF THE CITY OF

LAKEPORT MUNICIPAL CODE (AUTHORITY TO GRANT USE PERMITS)

The Planning Commission may approve, conditionally approve, or

disapprove applications for a use permit subject to the general

purposes of this ordinance, the specific purposes of the base or

combining zoning district in which a development site is located,

and the provisions of this chapter. The Planning Commission

may impose requirements and conditions with respect to

location, siting, construction, maintenance, operation, duration,

and any other aspect of the use as may be deemed necessary for

the protection of adjacent properties and uses and the publics

health and safety. The granting of the use permit shall not

exempt the applicant from complying with the requirements of

the Citys building codes, other requirements of this ordinance,

and other applicable City, state, or federal requirements.

As is the case with any use permit, the Planning Commission has the

responsibility to determine whether or not the establishment, maintenance

or operation of the proposed use will be detrimental to the health, safety,

morals, comfort, and/or general welfare of persons residing or working in theneighborhood or to the City itself.

In addition to the use permit criteria, the establishment of a large family day

care home is subject to the standards and guidelines outlined in Section

17.24.110 F. of the Municipal Code.


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3

The project proponent submitted an application for a use permit to allow the

establishment of a large family day care home in accordance with these

provisions. Conditions of approval were imposed by the Planning

commission in 2004 to help insure the business remains in compliance with

the applicable criteria set forth in the Zoning Ordinance including the

promotion and protection of the publics health, safety, peace, morals,

comfort, convenience, and general welfare.

The shared driveway is a public access easement and will ultimately be

incorporated into Alden Avenue which will extend between Eleventh Street

and 20th Street. The shared driveway that extends north from Eleventh

Street is 10 to 15 wide in most locations. Turn outs are also provided in the

event that there are vehicular conflicts. The driveway widens in the vicinity

of the applicants circular driveway.

In 2004 the existing paved surface was in fair to poor condition and had

potholes and areas where the paving was badly deteriorated. The applicant

verbally indicated to the Planning Commission that she and her husband plan

to fill in the potholes and provide other maintenance to the shared driveway.

Staff recommended conditions of approval in 2004 that called for the

continued upkeep/maintenance of the shared driveway and turn out areas as

well as the applicants driveway and parking areas.

The Zoning Ordinance contains specific criteria for review of applications for

use permits involving the establishment and operation of a large family day

care facility. The 2004 staff report addressed these criteria in detail.

Findings were made at the time that the proposed location and use of the

property as a large family day care facility was consistent with the

objectives of the Ordinance and the purposes of the R-1 Zoning District in

which the site is located. The R-1 Low Density Residential Zoning District

allows large family day care facilities as a use permitted activity.

Furthermore, the Citys General Plan addressed the need for day care

facilities within the City

The proposed establishment and operation of a large family day care facility

was determined to not be detrimental to the health, safety, or welfare ofpersons residing or working in or adjacent to the neighborhood of the

proposed use, due to the characteristics of the project site, the anticipated

typical residential day care activities and provided that there is compliance

with the conditions of approval.

It was also indicated that should problems arise, Section 17.24.080 of the

Municipal Code provides for the modification or revocation of a use permit.


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4

The Planning Commission approved the use permit subject to the following

conditions:

1. The applicant/owner shall sign a standard City of Lakeport Project

Conditions Agreement which lists the conditions of approval and shall

agree to said conditions. A copy of the signed agreement shall bereturned to the City.

2. The use permit allows the operation of a large family day care facility.

The total number of children present at any one time shall not exceed 14.

Hours of operation of the day care facility shall not extend beyond 7:00

a.m. to 9:00 p.m.

3. The applicant shall obtain an adequate manual audible fire alarm by July

1, 2004 and the large family day care facility shall remain in compliance

with the Lakeport County Fire Protection Districts regulations for the life

of the project.

4. By September 1, 2004, the applicant shall make repairs to the shared

driveway including pothole repair where necessary and the installation of

compacted road base material in at least two turn out locations to provide

an adequate all-weather surface. A plan detailing the location of the turn

outs and other repairs shall be provided to the Community Development

Department before the work is started. The shared driveway and the turn

out areas shall be maintained by the applicant for the life of the project or

until the driveway is accepted into the City of Lakeport public street

system (Alden Avenue).

5. The applicant shall maintain the circular driveway and parking areas with

an adequate amount of road base for the life of the project.

6. The perimeter fencing around the outdoor play area shall be continuously

maintained.

7. The applicant shall maintain the area in the vicinity of the driveway

entrance/exit along Eleventh Street so that a drivers vision is not

obstructed by vegetation.

8. The use permit shall be reviewed by the Planning Commission forconformance with the conditions of approval if problems are noted by

either staff or members of the Planning Commission or if legitimate

complaints are submitted to the City.


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5

City staff has recently reviewed the project for compliance with the

conditions of approval and determined that condition 4 is not being complied

with. The shared driveway has not been maintained in an acceptable fashion.

There are significant ruts, potholes, and loss of asphalt and road base (see

photos). Staff has made contact with the daycare providers via mail and

phone and requested compliance which has not been attained. Given the

circumstances it has been determined by staff that the most viable next step

is to consider revocation of the use permit under the provisions of the

following section of the zoning ordinance.

17.24.080 Revocation and modification.

The commission may hold a hearing to revoke or modify a use permit granted

pursuant to the provisions of this chapter. Ten days prior to the hearing,

notice shall be delivered in writing to the applicant and/or owner of the

property for which such use permit is granted.

A use permit may be revoked or modified by the commission if any one of the

following findings can be made:

A. That circumstances have changed so that one or more of the findings

contained in Section17.24.040can no longer be made.

B. That the use permit was obtained by misrepresentation or fraud.

C. That the use for which the use permit was granted had ceased or was

suspended for six or more consecutive calendar months.

D. That one or more of the conditions of the use permit have not been met.

Finding: Based on the on-site review and observation of the driveway surface

conditions conducted by Lakeport City staff member Richard Knoll over a

multiple month period in July, August, September, and November of 2012, it

is determined that there are significant existing ruts, potholes, loss of

asphalt and road base in the shared driveway serving the daycare located at

1310 Eleventh Street which are in opposition to the condition of approval #4

imposed by the Lakeport Planning Commission in June of 2004. Saidcondition of approval was set forth in the City of Lakeport Project Condition

Agreement and agreed to and executed by Marci Psalmonds on June 23,

2004.

E. That the use is in violation of any statute, ordinance, law, or regulation.
http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.040http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.040http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.040http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.040


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F. That the use permitted by the use permit is detrimental to the public

health, safety, or welfare or constitutes a nuisance. (Ord. 796 Att. A(part),

1999)

17.24.100 Periodic review.

The commission may conduct periodic reviews of previously granted use

permits. The review may be noted as a condition of approval or conducted

upon a determination of necessity by the commission. Notice of the

commissions intent to review a use permit shall be mailed to the applicant

and/or land owner of the property for which a use permit was granted at least

ten days in advance. Upon review of the facts, the planning commission may

reapprove, revoke, or modify the use permit in accordance with Section

17.24.080. (Ord. 796 Att. A(part), 1999)

Based on the fact that there is non-compliance with the conditions of

approval and that the applicant operator has been given both proper notice

of and the opportunity and time to resolve the problem, it is recommended

that the use permit for the large family day care located at 1310 Eleventh

Street be revoked. The result of such action is that the day care operator will

not have the proper City permit to operate a large family day care business

at the subject property. However it should be noted that the State of

California preempts local zoning and allows the operation of small family

daycare (8 or fewer children excluding the operators children) as a matter of

right, with no city permit required. It is requested that the operator provide

the City with a copy of the amended small family daycare license within 60

days of the revocation of the large family daycare.

SAMPLE MOTION

I move that the use permit allowing the operation of a large family day care

home at 1310 Eleventh Street be revoked.

The Planning Commissions revocation is based on the following findings: a)

the information and documentation contained in the Citys file and Staff

Report on the project; b) the information and facts received at the public

hearing on November 14, 2012; c) the on-site review and observation of the

driveway surface conditions conducted by Lakeport City staff member

Richard Knoll over a multiple month period in July, August, September, and
http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.080http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.080http://www.codepublishing.com/CA/lakeport/html/Lakeport17/Lakeport1724.html#17.24.080


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November of 2012 when it was determined that there are significant existing

ruts, potholes, loss of asphalt and road base in the shared driveway serving

the daycare located at 1310 Eleventh Street which is in non-compliance with

the condition of approval #4 imposed by the Lakeport Planning Commission

in June of 2004. The shared driveway is in very poor condition and has not

been continually maintained in good condition.

It is requested that the operator provide the City with a copy of the amended

small family daycare license within 60 days of the revocation of the large

family daycare use permit.


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Meeting Date: 01/15/2013 Page 1 Agenda Item #VII.B.



STAFF REPORTRE: Introduction of an Ordinance to revise the regulations related

to the placement and construction of secondary accessorydwelling units in the Citys residential zoning districts.

MEETING DATE: 01/15/2013




The City Council is asked to: 1.) Introduce the proposed Ordinance, which will amend the Citys ZoningOrdinance (Title 17, Lakeport Municipal Code) to revise the regulations relating to the placement andconstruction of secondary accessory dwelling units in the City's UR, R-1 and R-2 residential zoning districts;and 2.) Set a public hearing date for second reading and adoption of the Ordinance.

BACKGROUND:

The City of Lakeport adopted regulations and criteria for the development of Secondary AccessoryDwelling Units (second units) in 2003 as part of a comprehensive update of the Zoning Ordinance.California state law (AB 1866) mandates the easier regulatory processing of second units. The lawrequires applications for second units in residential zoning districts to be considered on a ministerial basisrather than through a discretionary review process. The basic intent of this law is to facilitate the creation ofsecond dwelling units as a source of affordable housing in California by streamlining the application processand eliminating arbitrary, excessive, or burdensome provisions and requirements.

The current regulations for the development of second units are set forth in Municipal Code Section17.28.010 CC. The regulations address a variety of issues and include a provision indicating that theminimum lot size for a parcel that includes a standard dwelling and a second unit must be at least 9,000square feet. City staff and the Planning Commission determined that there are many residential parcels inour community that would be ineligible for a second unit because they do not contain 9,000 square feet ofland area.

The Planning Commission discussed proposed changes to the Citys second unit regulations in May,September and November of 2012. Please see the attached Staff Report (Exhibit 1) which was presented to

the Planning Commission in May 2012. The attached report provides additional background information,the current second unit regulations, and discussion regarding the construction of second units and relatedissues.

In November 2012 the Planning Commission reviewed a draft Ordinance that incorporated severalrecommended changes to the second unit regulations, including reducing the minimum parcel size to 7,500square feet and additional criteria that would allow construction of a second unit on parcels with less than7,500 square feet. The Planning Commission recommended several additional minor changes which aredescribed in the attached Minute Order (Exhibit 2). As noted in the Minute Order, the Commission alsodirected staff to forward the amended revised Ordinance (Exhibit 3) to the City Council for consideration.


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Meeting Date: 01/15/2013 Page 2 Agenda Item #VII.B.

DISCUSSION:

The Planning Commission recommended adoption of the proposed Ordinance based on the determinationthat the current second unit regulations, including the minimum parcel size requirement, are a barrier whichlimits the development of second units in Lakeport.

As detailed in the Staff Report presented to the Planning Commission (Exhibit 1), the Citys General Plandiscusses the importance of second units with respect to providing additional affordable housingopportunities in our community. The Housing Element of the General Plan (Pg. 5-10) indicates that second

units can provide housing for lower income persons as well as caretaker units for the elderly and disabled.Second units can also provide an opportunity for renters to enjoy the advantages of living on an owner-occupied parcel in a safe and quiet neighborhood. In addition, they can also allow people who have losttheir homes to foreclosure to stay in our community as a second unit renter. Housing Element Policy 2D(Pg 6-6) calls for the City to continue to facilitate the construction of second dwelling units and permitaccessory residential units by right in the R-1 zoning district.

The proposed Ordinance addresses the construction of second units in the R-1 Low Density Residential, R-2 Medium Density Residential and UR Urban Reserve zoning districts and reduces the minimum parcel sizefor a second unit from 9,000 square feet to 7,500 square feet. Second units may be allowed on parcels withless than 7,500 square feet subject to the approval of a Use Permit by the Planning Commission andconformance with additional criteria as described in the proposed Ordinance. The proposed Ordinance also

adds new language regarding the payment of sewer and water expansion fees in conjunction with a newsecond unit and requires the assignment of a separate address. The Citys definition of a secondaryaccessory residential unit will also be revised and clarified.

OPTIONS:

1. Introduce the proposed Ordinance and set a public hearing date for its second reading and adoption.

2. Propose revisions to the draft Ordinance and request that it be returned to the City Council for furtherdiscussion.

FISCAL IMPACT:

None $ Account Number: Comments:No significant fiscal impacts are anticipated as a result of the proposed modifications to the ZoningOrdinance. Typical expenses related to the public hearing notice, ordinance publication and codificationwill be incurred.

Positive fiscal impacts may be realized given that there will be more opportunities for the development ofnew second units in Lakeport. Additional revenue from building permit fees, sewer and/or water expansionfees, and property tax increases are a possibility.

SUGGESTED MOTIONS:

Move that the City Council introduce the proposed Ordinance amending Title 17, Chapter 17.28 of the

Lakeport Municipal Code related to the placement and construction of secondary accessory dwelling unitsand set a public hearing and second reading for February 19, 2013, at 6:00 p.m.

Attachments: Exhibit 1: Planning Commission Staff Report (May 9, 2012)Exhibit 2: Planning Commission Minute Order (Nov. 14, 2012 meeting)Exhibit 3: Proposed Ordinance


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___________________________________________________________________________________________________________

Meeting Date: May 9, 2012 Page 1 Agenda Item VI. B.

CITY OF LAKEPORT

PLANNING COMMISSION

MEMORANDUM

RE: Potential Amendments to Secondary

Accessory Dwelling Unit Regulations

MEETING DATE: May 9, 2012


PURPOSE OF REPORT: Information only Discussion Commission Action

WHAT IS BEING ASKED OF THE PLANNING COMMISSION:

Discussion regarding potential amendments to the Citys Secondary Accessory Dwelling

Unit regulations (Lakeport Municipal Code Section 17.28.010 CC.).

SUMMARY OF THE ISSUE:

The City of Lakeport adopted regulations and criteria for the development of Secondary

Accessory Dwelling Units (second units) in 2003 as part of a comprehensive update of

the Zoning Ordinance. California state law (AB 1866) mandates the easier regulatory

processing of second units. The law requires applications for second units in residential

zoning districts to be considered on a ministerial basis rather than through a discretionaryreview process. The basic intent of this law is to further facilitate the creation of second

dwelling units as a source of affordable housing in California by streamlining the

application process and eliminating arbitrary, excessive, or burdensome provisions and

requirements.

A local government may apply quantifiable, fixed and objective standards, such as

height, setback, and lot coverage requirements so the second unit will be compatible

with other structures in the neighborhood. A local government may designate areas

appropriate for second units based on criteria such as the adequacy of water and sewer

services and the impact of second units on traffic flow. At the same time, a locality must

adopt an ordinance with the intent of facilitating the development of second units in

appropriate residential zones.

The Citys Zoning Ordinance regulations for second units are in compliance with current

State law. Second units are allowed in the Citys R-1 zoning district subject to a ministerial

approval process and conformance with the following development regulations:

1. Only one secondary accessory residential unit shall be permitted on any oneparcel.

2. Secondary accessory residential units shall contain separate kitchen and bathroomfacilities and shall have a separate entrance from the main dwelling.

EXHIBIT 1


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___________________________________________________________________________________________________________


3. The total floor area of the secondary accessory residential unit shall be not less thanthree hundred square feet and shall not exceed sixty percent of the square

footage of the existing single-family house.

4. The primary and secondary accessory residential unit shall remain under singleownership.

5. The secondary accessory residential unit shall not be constructed unless there is anexisting single-family dwelling located on the site.6. The secondary accessory residential unit may be either attached to the existing

dwelling or detached from the existing dwelling and must be located on the same

lot.

7. The secondary accessory residential unit shall be constructed or sited on the parcelto the rear or side of the existing single-family dwelling so that it is clearly secondary

or incidental to the primary single-family residential unit.

8. The architectural style and construction materials used in the secondary accessoryresidential unit shall generally conform to those existing on the primary residential

unit in terms of building height, roof style, roof materials, siding, windows, doors,siding and trim colors, and other architectural details.

9. Secondary accessory residential units shall be provided with one covered off-streetparking space.

10.The minimum lot size for a parcel that contains a primary and secondary accessoryresidential unit shall be nine thousand square feet.

The Citys R-2 zoning district regulations allow the development of two single family

dwellings which essentially allows a second unit in addition to an existing single family

dwelling.

The Citys General Plan discusses the importance of second units with respect to providingadditional affordable housing opportunities in our community. The Housing Element (Pg.

5-10) indicates that second units can provide housing for lower income persons as well as

caretaker units for the elderly and disabled. Second unit tenants may have better access

to urban amenities and transit services. Second units can also provide an opportunity for

renters to enjoy the advantages of living on an owner-occupied parcel in a safe and quiet

neighborhood. In addition, they can also allow people who have lost their homes to

foreclosure to stay in our community as a second unit renter.

One of the stated goals of the Housing Element (Goal 2, Pg. 2-2) is to facilitate and

encourage the development of housing to meet the Regional Housing Needs Allocation.

Related Policy 2D (Pg 6-6) calls for the City to continue to facilitate the construction of

second dwelling units and permit accessory residential units by right in the R-1 zoningdistrict.

The Land Use Element of the General Plan also includes policies (LU 4.1 and LU 4.2, Pg. II-

11) which encourage the facilitation of infill development including the adoption of

innovative and flexible standards that support infill development.

Consistent with these General Plan goals and policies, Community Development

Department staff is recommending that the minimum parcel size for the development of a

second unit be reduced from 9,000 square feet to 7,500 square feet. Staff believes that


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___________________________________________________________________________________________________________


the current minimum parcel size requirement is an unnecessary regulatory barrier which

limits the opportunity to develop second units in our community.

Staff has surveyed other California communities regarding the minimum parcel size for the

development of second units in residential areas and the results are outlined in the

following table:

City Minimum Parcel Size for

Second Unit

Comment

Ukiah5,000 SF - interior lot

7,000 SF - corner lot

Clearlake

Double the minimum

parcel size in the

residential district.

It is unlikely that this size requirement

complies with State law.

Willits 7,000 SF in R-1 District6,000 SF is minimum parcel size in R-1

District

Calistoga No specific minimum

Second units are not allowed on

substandard sized lots that have less than

the minimum parcel size required in thezoning district.

Capitola 5,000 SF

Gilroy 6,000 SF

Fairfield 5,000 SF

Placerville 5,000 SF

This provision accommodates older

parcels that are less than 6,000 SF, the

minimum parcel area standard currently

required.

Rocklin No specific minimumAllowed in all single-family residential

districts.

Beverly Hills No specific minimum

San Dimas 10,000 SF

Lakewood 10,000 SF

DISCUSSION:

As detailed above, the minimum parcel size for the development of a second unit varies in

different jurisdictions. Many of the surveyed cities have established the minimum parcel

size to be consistent with the minimum parcel size required for all residential parcels.

City staff is suggesting that the current minimum parcel size for second units in Lakeport bereduced to 7,500 square feet. The suggested parcel size would allow higher density

development but would also help prevent instances where two dwelling units would not

be appropriate. The 7,500 square foot requirement would also retain a lower density

development pattern which is more consistent with the historical development pattern in

Lakeports R-1 Low Density zoning district.

It is important to note that staff completed a GIS analysis which revealed there are

approximately 200 residentially-zoned parcels in Lakeport that have between 7,500 and

9,000 square feet of land area. Therefore, reducing the minimum parcel size to 7,500


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___________________________________________________________________________________________________________


square feet would add approximately 200 parcels which would be eligible for the

development of a second unit.

As previously noted, the current minimum parcel size requirement is believed to be barrier

limiting the development of second units in Lakeport. However, staff is open to further

discussion if the Planning Commission believes smaller residential parcels are suitable for

this type of development. The development of a second unit on parcels with less than

7,500 square feet of area could be considered if there are clear public benefits

associated with a project such as exceptional architectural design; off-street parking in

excess of the minimum requirements; the provision of new sidewalk/right-of-way

improvements; and/or an agreement to rent the unit to low-income households.

In addition to the suggested revision to the minimum parcel size requirement, staff is also

considering the addition of criteria that address the payment of sewer and water

expansion fees in conjunction with the development of a new second unit. The Citys

second unit regulations and other related utility department policies do not specifically

address this issue. Based on our survey of other jurisdictions, most cities require sewer and

water expansion/impact fees for second units and in many cases the required fees are

less than the fees applicable to a typical single family dwelling. Staff plans to discuss thisissue with the Citys Utilities Director for further direction.

At this point staff is requesting the Planning Commissions consensus to move forward with

the preparation of a new ordinance that would revise the Citys second unit development

regulations to reduce the minimum parcel size and possibly add provisions regarding the

payment of sewer and water expansion fees. Staff is not aware that any of the other

existing second unit regulations have resulted in excessive or unnecessary development

barriers.

OPTIONS:

1.

Direct staff to initiate the preparation of a draft ordinance that incorporates thePlanning Commissions recommendations regarding the development of second units

in the Citys R-1 zoning district and to return the draft ordinance to the Planning

Commission for formal consideration and recommendation to the City Council.

2. Choose to retain the existing development regulations for second units including the9,000 square foot minimum parcel size.

SUGGESTED MOTION:

See options listed above.

Attachments None


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EXHIBIT 3

ORDINANCE NO. XXX (2013)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFLAKEPORT REVISING THE LAKEPORT ZONING ORDINANCE TO

AMEND THE PROVISIONS RELATING TO THE PLACEMENT ANDCONSTRUCTION OF SECONDARY ACCESSORY RESIDENTIAL

UNITS WITHIN THE CITYS RESIDENTIAL ZONING DISTRICTS

WHEREAS,Title 17 of the Lakeport Municipal Code (Lakeport Zoning Ordinance) establishesvarious regulations and guidelines in the City which include development and performance standards forconstruction, placement, and operation of various uses, including Secondary Accessory Residential Units; and

WHEREAS,Title 17, Chapter 17.28, of the Lakeport Municipal Code sets forth standards for theregulation of location, size, appearance and other requirements related to the development of Secondary

Accessory Residential Units in the City of Lakeport; and

WHEREAS, in April 2009, the Lakeport City Council adopted the 2025 Lakeport General Plan; and

WHEREAS, in November 2009, the Lakeport City Council adopted the Housing Element of theGeneral Plan; and

WHEREAS, the Lakeport General Plan and Housing Element include policies and other languagesupporting the development of Secondary Accessory Residential Units to provide additional affordablehousing opportunities in Lakeport and to help meet the Citys Regional Housing Needs Allocation; and

WHEREAS, the Lakeport General Plan includes policies encouraging the facilitation of infilldevelopment including the adoption of innovative and flexible standards that support infill development; and

WHEREAS, Section 17.32.010 of the Municipal Code gives authority to amend the text of the ZoningOrdinance when the public convenience, necessity, and general welfare of the public requires such anamendment; and

WHEREAS, on May 9, 2012; September 19, 2012; and November 14, 2012 the Lakeport PlanningCommission discussed the current regulations for Secondary Accessory Residential Units at public meetingsand made a recommendation to the City Council to revise the regulations to provide additional opportunitiesfor the development of Secondary Accessory Residential Units; and

WHEREAS, the City Council has determined that there is a need to incorporate recommendedamendments into the Zoning Ordinance:

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1.

A. Section 17.03.030 (UR Urban Reserve District Regulations, Uses Permitted) of the Lakeport ZoningOrdinance shall be amended as follows:

G. One secondary accessory residential unit on a parcel with at least seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.


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Ordinance XXX (2013) Page 2

B. Section 17.03.050 (UR Urban Reserve District Regulations, Uses Permitted Subject to Use Permit) ofthe Lakeport Zoning Ordinance shall be amended as follows:

D. One secondary accessory residential unit on a parcel with less than seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

C. Section 17.03.040 (UR Urban Reserve District Regulations, Uses Permitted Subject to Zoning

Permit) of the Lakeport Zoning Ordinance shall be amended as follows:

B. One secondary accessory residential unit.

D. Section 17.04.030 (R-1 Low Density Residential District Regulations, Uses Permitted) of the LakeportZoning Ordinance shall be amended as follows:

G. One secondary accessory residential unit on a parcel with at least seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

E. Section 17.04.050 (R-1 Low Density Residential District Regulations, Uses Permitted Subject To a UsePermit) of the Lakeport Zoning Ordinance shall be amended as follows:

I. One secondary accessory residential unit on a parcel with less than seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

F. Section 17.05.030 (R-2 Medium Density Residential District Regulations, Uses Permitted) of theLakeport Zoning Ordinance shall be amended as follows:

H. One secondary accessory residential unit on a parcel with at least seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

G. Section 17.05.050 (R-2 Medium Density Residential District Regulations, Uses Permitted Subject To aUse Permit) of the Lakeport Zoning Ordinance shall be amended as follows:

F. One secondary accessory residential unit on a parcel with less than seven thousand five hundredsquare feet of land area subject to Performance Standards set forth in Chapter 17.28.

H. Section 17.28.010 CC. (Performance Standards, Secondary Accessory Residential Units) of the

Lakeport Zoning Ordinance shall be amended as follows:

CC. Secondary Accessory Residential Units.

1. Only one secondary accessory residential unit shall be permitted on any one parcel.

2. Secondary accessory residential units shall contain separate kitchen and bathroom facilities andshall have a separate entrance from the main dwelling.

3. The total floor area of the secondary accessory residential unit shall be not less than three hundredsquare feet and shall not exceed sixty percent of the square footage of the existing single-familyhouse.

4. The primary and secondary accessory residential unit shall remain under single ownership.

5. The secondary accessory residential unit shall not be constructed unless there is an existing single-family dwelling located on the site.

6. The secondary accessory residential unit may be either attached to the existing dwelling ordetached from the existing dwelling and must be located on the same lot.

7. The secondary accessory residential unit shall should

8. The architectural style and construction materials used in the secondary accessory residential unitshall generally conform to those existing on the primary residential unit in terms of building height,

be constructed or sited on the parcel to therear or side of the existing single-family dwelling so that it is clearly secondary or incidental to theprimary single-family residential unit.


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roof style, roof materials, siding, windows, doors, siding and trim colors, and other architecturaldetails.

9. Secondary accessory residential units shall be provided with one covered off-street parking space,which shall be in addition to the covered parking required for the existing single-family dwelling.New covered parking shall be provided for the secondary accessory residential unit if there is nocovered parking for the existing dwelling.

10. The minimum lot size for a parcel that contains a primary and secondary accessory residential unitshall be seven thousand five hundred square feet.

a. A secondary accessory residential unit may be approved by the Planning Commission (UsePermit) and constructed on an existing parcel with less than seven thousand five hundred squarefeet if the unit meets the following criteria:

(1)The provision of exceptional architectural design, including a high level of architecturalcompatibility with the existing single family dwelling; or

(2) Off-street parking is provided in excess of the combined minimum requirements for boththe primary and secondary accessory dwellings; or

(3) New right-of-way improvements (including, but not limited to curb, gutter, and sidewalk) areinstalled along the street frontage(s) of the subject property; or

(4)The property owner enters into a written agreement with the City stipulating that thesecondary accessory residential unit shall be rented to Low Income, Very Low Income orExtremely Low Income tenants with maximum income levels established for Lake Countyby the State of California. The rental affordability agreement shall be in effect for aminimum of five (5) years and shall be binding on all owners or persons having or acquiringany right, title, or interest in the property subject to the agreement. Longer rentalaffordability agreements are encouraged.

11. Sewer expansion fees shall be collected in conjunction with the construction/development of allnew secondary accessory residential units as required by City of Lakeport Municipal Sewer District

(CLMSD South or CLMSD North). Water expansion fees shall be collected if a new water meteris installed for the new secondary accessory residential unit or if an existing water meter is upsized.

12. A separate address for the secondary accessory residential unit shall be assigned by the City ofLakeport.

I. Chapter 17.37 (Definitions) of the Lakeport Zoning Ordinance shall be amended to include thefollowing revised definition:

Residential Second Unit means a single-family dwelling constructed after or concurrent with anothersingle-family dwelling on the same lot or parcel. A second unit provides complete, independent livingfacilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking,sanitation, and parking. Only one second unit is allowed per lot.

Section 2. CEQA.

The City Council has determined that this Ordinance is categorically exempt from the requirement to prepareenvironmental documents under the California Environmental Quality Act (CEQA). The City Council findsthat the project is categorically exempt under the CEQA Guidelines, which include classes of projectsdetermined not to have a significant effect on the environment and which are, therefore, exempt from theprovisions of CEQA. The Ordinance (project) is exempt under CEQA Guideline Section 15303 whichexempts the construction of single-family residences and second units. The improvement of an existing areaassociated with an existing residence would have less environmental impact than the construction of a newresidence. None of the exceptions set forth in Section 15300.2 of the CEQA Guidelines (including but not


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limited to Subsection (b), which relates to cumulative impacts and Subsection (c) which relates to unusualcircumstances) applies to this Ordinance.

Section 3. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid

or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.The City Council hereby declares that it would have passed this and each section, subsection, phrase, orclause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses bedeclared unconstitutional on their face or as applied.

Section 4. Effective Date.

This ordinance shall become effective 30 days after the date of adoption.

Section 5. Posting/Advertising.

The City Clerk shall cause this ordinance to be published and/or posted within fifteen days after its adoption.

* * * * * * * * * * *

This ordinance was introduced before the City Council of the City of Lakeport at a regular meetingthereof on the ___th day of ______, 2013, by the following vote:

AYES:NOES:

ABSENT:ABSTAINING:

This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular meetingthereof on the __th day of _________, 2013, by the following vote:

AYES:NOES:

ABSENT:ABSTAINING:

_________________________________THOMAS ENGSTROM , Mayor

ATTEST: APPROVED AS TO FORM:

_____________________________ _________________________________

KELLY BUENDIA, Deputy City Clerk STEVEN J. BROOKES, City Attorney


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Meeting Date: 1/15/2013 Page 1 Agenda Item #VIII.A.1.



STAFF REPORTRE: Appointment of Liaisons to Commissions,

Boards, and CommitteesMEETING DATE: 1/15/2013

SUBMITTED BY: Kelly Buendia, Deputy City Clerk



The Mayor is being asked to make the annual appointment of liaisons to commissions, boards, andcommittees.

BACKGROUND:

There are several commissions, committees and boards to which annual appointments are made. Some ofthese appointments are advisory only, and some of them require active participation.

DISCUSSION:

These are annual appointments that are done at the end of the calendar year and run from January throughDecember of the coming calendar year. The following is brief information on each of the commissions/boards/committees:

Lakeport Fire Protection District: Meets the second Tuesday of each month at 6:00 p.m. at the FireDepartment. One Council member and an alternate are appointed (not voting or acting members) toattend meetings and report back to the City Council.

Lakeport Regional Chamber of Commerce: Board meets the third Tuesday of each month at 8:00 a.m.at Umpqua Bank. There are also monthly dinner meetings. One Council member and an alternate areappointed (not voting or acting members) to attend meetings and report back to the City Council.

Lakeport Main Street Association: Meets fourth Thursday of each month at 6:00 p.m. at variouslocations. One Council Member is appointed (not voting or acting member) to attend meetings andreport back to the City Council.

Lake County/City Area Planning Council: This committee handles transportation issues and meets thesecond Wednesday of each month. The location alternates between the City of Lakeport CouncilChambers and the Lake Transit offices in Lower Lake. Two Council members and an alternate areappointed and are active, voting members of the APC.

County of Lake Solid Waste Management Task Force: This is a County committee in which we have aliaison. Typically there the City appoints one Council member and the City Manager to attend anymeetings of the Task Force.

Lake County Abandoned Vehicle Abatement Service Authority: This committee typically meets onlyone time per year in the spring to discuss the AV program. According to Rick Coel from the Lake


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County Community Development Department, this will meeting will probably occur in April. The Cityappoints two members to sit on this committee, and they are active members.

SB 621 Indian Gaming Funds Committee: This committee meets on as "as needed basis" as fundingbecomes available. The City appoints one active voting member and one alternate.

Clear Lake Advisory Committee: Meets the fourth Friday of each month from 9:00 a.m. to 12:00 (not inNovember or December). The City appoints one active voting member.

Local Agency Formation Commission (LAFCO): This board meets monthly, and varies its meetingsbetween Lakeport and Clearlake. The City appoints a Council member who acts as a voting member ofLAFCO.

Lake County Airport Land Use Commission: This board meets only on an as needed basis whenthere are projects going on at the airport. They have not met in the last couple of years but the Countyof Lake still want to have someone appointed from the City Council should the need arise to review aproject.

Invasive Species Task Force Committee: Meets on monthly on a Monday TBA from 10:00 a.m. to12:00 at the Agriculture Office. The City appoints one member as an active, voting member.

Clean Water Program Committee (formerly TMDL): This board meets on a monthly basis, and theCity appoints one member as an active, voting member.

Oversight Board of the Former Lakeport Redevelopment Agency: This Board meets as needed. TheCity appoints one member as an active, voting member.

Lakeport Unified School District Committee: This committee meets quarterly, TBA. The City appointstwo Council members to sit on the committee and report back to Council.

OPTIONS:

Make appoints to the various commissions/boards/committees as listed or give further direction.

FISCAL IMPACT:

None $ Account Number:Comments:

SUGGESTED MOTIONS:

No motion is necessary.

Attachments: List of current liaisons to commissions, boards, and committees


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LAKEPORT CITY COUNCIL

EFFECTIVE JANUARY 15, 2013LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES

LIAISONS

2012 2013

Lakeport Fire Protection District Council Member Parmentier

Council Member Engstrom, Alt.

Mayor Mattina, Alt.

Lakeport Regional Chamber of Commerce Mayor Mattina

City Manager

Lakeport Main Street Association Council Member Engstrom

APPOINTMENTS

2012 2013

Lake County/City Area Planning Council Mayor Mattina

Council Member Parmentier

Council Member Lyons, Alt.

County of Lake Solid Waste Management

Task Force

Mayor Mattina

City Manager

Lake County Abandoned Vehicle

Abatement Service Authority

Council Member Rumfelt

SB 621 Indian Gaming Funds Committee Council Member RumfeltCity Manager

Clear Lake Advisory Subcommittee Council Member Lyons

Local Agency Formation Commission Council Member Lyons

Council Member Rumfelt, Alt.

Lake County Airport Land Use Commission Council Member Parmentier

Invasive Species Task Force Committee Council Member Rumfelt

Clean Water Program Committee Council Member Rumfelt

Investment Committee Council Member Parmentier

Council Member Rumfelt

Lakeport Unified School District Committee Mayor Mattina

Council Member LyonsOversight Board of the Former Lakeport

Redevelopment Agency

Mayor Mattina

City Manager


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STAFF REPORTRE: Lake County Vector Control District Board Appointment MEETING DATE: 1/15/2013




The City Council is being asked to invite applicants to make a short presentation and appoint one individualto serve on the Lake County Vector Control District's Board of Trustees.

BACKGROUND:

The Lake County Vector Control District is a public health agency that protects Lake County residents andvisitors from vectors and vector-borne diseases. The District is an independent special district that operatesunder the California Health and Safety Code 2000-2093, and is governed by its own board of trustees.

The Lake County Vector Control District is governed by a Board of Trustees that establishes policies forthe operation of the district. The Board consists offive trustees: one appointed by the City of Clearlake,one appointed by the City Lakeport, and three appointed by the County of Lake. Each trustee is appointedto serve a 2-year or 4-year term, at the discretion of the appointingauthority.

The City is currently unrepresented on this, as the incumbent appointee, Melford Gatton, passed away afterserving since 1992. His term expires at the end of 2013.

DISCUSSION:

The City's seat on the Board of Trustees is currently vacant. The Council should review the applicationsand allow each applicant to make a short presentation detailing his/her background, interests, and whyhe/she would like to serve. The Council should then nominate and appoint the individual to serve on theLake County Vector Control District Board of Trustees as set forth above. There were three applicationsreceived which are attached.

OPTIONS:

Choose only one member to serve or direct staff to further advertise the position.

FISCAL IMPACT:


SUGGESTED MOTIONS:

Move to appoint one individual to the Lake County Vector Control District Board of Trustees effectiveJanuary 15, 2013, and expiring at the end of 2013.

Attachments: Applications for Appointment


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STAFF REPORTRE: Lakeport Economic Development Committee Appointments MEETING DATE: 1/15/2013




The City Council is being asked to invite applicants to make a short presentation and appoint individuals toserve on the Lakeport Economic Development Committee.

BACKGROUND:

The Lakeport Economic Development Committee was established in December of 2010 to advise the CityCouncil, City Manager, and Lakeport Economic Development Program staff on developing potentialprograms and strategies for economic development in the City, establishing and maintaining regularcommunication between the City and the business community, evaluating community needs and desires foreconomic development, and focusing on commerce solutions that enhance the quality of life for theLakeport community. The committee consists of 11 members as well as three ex-officio members includingthe City Manager, the Community Development Director and the Economic Development Manager. In2012, there were only ten members. Members are to serve two-year term, with terms commencing onJanuary 15.

DISCUSSION:

The terms of five of the committee members have expired. The Council should review the applications andallow each applicant to make a short presentation detailing his/her background, interests, and why he/shewould like to serve. The Council should then nominate and appoint the individuals to serve on theLakeport Economic Development Committee as set forth above. Unfortunately, there were only fourapplications received.

OPTIONS:

Choose only four members to serve and/or direct staff to further advertise the positions.

FISCAL IMPACT:


SUGGESTED MOTIONS:

Move to appoint four members to the Lakeport Economic Development Committee effective January 15,2013, and expiring at the end of 2014.

Attachments: Applications for Appointment


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Meeting Date: 1/15/2013 Page 1 Agenda Item #VIII.A.4


Lakeport Redevelopment AgencyCity of Lakeport Municipa

011513 lakeport city council agenda packet

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