On Tuesday (Sept. 24), the Lake County (Calif.) Board of Supervisors refused to grant an extension of opportunity for Calico Cat RV Park owner Dan Kelly to appeal the conditions of his park’s recently-renewed major use permit, according to the Lake County Record-Bee.
Kelly objects to county-imposed conditions that implement a 55 decibel maximum volume limit on activities within the park and limit RV park guests to a maximum stay of 30 days. Kelly, who has cancer and plans to sell his park, stated in a board of supervisors meeting earlier this month that the conditions would drive the park out of business.
After a heated discussion, the board took no action this week on Kelly’s request to be able to appeal those conditions, as Kelly had already passed the time frame within which appeals are required to be initiated.
“At this point there is no action to be taken,” said acting board chair and District 1 Supervisor Moke Simon, effectively denying Kelly’s extension request.
“This is insanity,” Kelly said, arguing that the county’s restrictions on RV parks improperly add to state requirements. “We’re breaking state law.”
Kelly argued that he wasn’t properly notified of the conditions attached to his use permit before missing the date by which he could have appealed them.
“I just can’t even imagine how you guys can’t be giving me an appeal when I wasn’t given the conditions prior to the (July 11 planning commission) meeting,” he explained. “Especially in light of the fact that I called and asked for them.”
District 3 Supervisor E.J. Crandell, in whose jurisdiction the Calico Cat RV Park lies, asked Lake County Community Development Director Michalyn Del Valle if her staff had included the conditions of Kelly’s use permit in its notice of public hearing prior to the planning commission meeting in July, at which Kelly’s application was considered.
Del Valle responded that standard practice is not to include such conditions in a legal notice, but to send those conditions to the applicant prior to the meeting. However, in Kelly’s case, Del Valle said, “that’s usually something that the planners do, and the planners failed to send him the staff report and conditions before the planning commission hearing.”
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