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NICE – The supervisors have held over a decision about whether to grant a time extension to developer Dominic Affinito for a subdivision project in Nice.
Affinito, who is from Ft. Bragg, proposes to build his Park Lake Estates Subdivision in Nice on a 17-acre site at 6925 and 6965 Hammond Ave., consisting of 69 residential lots for single-family homes, apartments and senior housing.
The two-year time extension request on the approved subdivision map is to allow Affinito more time to complete his improvements, according to county staff.
The issue went before the board for a public hearing Tuesday.
Affinito did not attend the Tuesday meeting, and calls to his number were not returned. He is reportedly out of the country.
A staff report from Community Development Director Rick Coel and Senior Planner Emily Minton, who were at the meeting to answer the board's questions, explains that Affinito plans to build 57 single-family homes ranging in size from 5,000 to 8,500 square feet. Also in the plan are 11 lots for duplexes or triplexes/townhouses that are 9,000 square feet each, and nine duplexes for senior housing on a 1.9-acre portion of the site.
The county purchased the nearby 13-acre Hammond Park site from Affinito.
Minton said the Board of Supervisors approved a general plan of development for the subdivision in April 2005.
Affinito has an active grading permit for the site, where he has been importing fill dirt, said Minton. He also has submitted engineered improvement plans for the site.
The staff report noted, “Staff feels that this is a good site for in-fill development to occur due to its central location, the existing infrastructure and the need for housing in Nice.”
In 2005, the subdivision generated no controversy at public meetings, said Minton. However, when Affinito's request for a time extension went before the Planning Commission in June, neighbors brought grading along the northern property line of the project to the county's attention that, in one spot, left a steep, 9-foot-high cut, which is starting to fall away.
Minton said Community Development informed Affinito that he must reinforce the area with a retaining wall by the end of the building season, which they pinpoint at Oct. 15. Affinito, according to the report, has agreed to that stipulation and been in contact with a local construction company.
Supervisor Ed Robey said he had a problem with Affinito doing the grading and not the wall.
“I would just as soon postpone the action on this until the retaining wall is there,” said Robey. “Is there any reason we couldn't do that?”
He added, “I'm getting the feeling that this fella is irresponsible and is not taking care of his property in a way that is responsible to the community.”
Coel suggested the county could instead grant a one-year extension for the project; Robey said they needed to apply whatever leverage they have.
During public comment, Upper Lake resident Janet Cawn said a “full process” of mitigation, monitoring and reporting should be applied to the project, because of its location in a sensitive ecosystem management area which also affects water basin.
Minton's report acknowledged that Affinito's property includes a small portion of wetland, and that Affinito is working with the Army Corps of Engineers and the state's Fish and Game department to construct a culvert.
Subdivision site neighbor Jesse Thomas said he was concerned about being able to access the back of his property because of the wetlands issues, and wondered how the development would deal with drainage.
Supervisor Denise Rushing said she was concerned that the county needs a process “we've got a lot of confidence in” when dealing with the development and the property.
“I'm exceedingly nervous about this particular area because there's so much going on,” she said, explaining that the property is affected by agricultural conversion and the wetlands issues.
Coel said the subdivision's improvement will address drainage.
Lucerne resident John Eells said he's not only concerned about the disappearing wetlands and the scenic corridor. “I'm also concerned about the ancient valley oaks that live on this property.”
Some of the trees, he said, could be as old as 400 years.
Board Chair Jeff Smith suggested continuing the hearing to 9:30 a.m. Oct. 16, at which point Affinito should have completed the retaining wall or fixed the slope of the cut he made while grading.
“We're pretty happy with that position,” Coel said after the meeting.
Part of subdivision site for sale
The county's relationship with Affinito has been a rocky one. In June, the county ordered him to resolve a long-running Code Enforcement case regarding the Lucerne Motel and Lake Sands resorts, two dilapidated properties he owns in Lucerne.
Affinito had been renting rooms in the hotel, and has since begun evicting tenants.
He has said he plans to build a new resort facility on the site of the Lake Sands, at 6335 E. Highway 29. Both properties, however, are on the market.
So, apparently, is a portion of the property Affinito planned to use for the Park Lake Estates Subdivision.
Real estate company C.J. Holmes, who is also listing the Lucerne Motel and Lake Sands, has listed the 10.7-acre 6925 Hammond Ave. property for $3,499,000.
An ad for the property placed on Craig's List, which links to Holmes' Web site, advertises the property as a subdivision, but doesn't mention the Park Lake Estates plan.
The ad, titled “10.7 acre Sub-divison (stet) with Lake Views!!”, states: “86-unit manufactured home park, plans county approved! Great location in Nice. Build near beautiful Clear Lake with stunning views, as well as near Sentry Market for your shopping needs!”
Said Coel, “That's a fabrication.”
The 86-unit subdivision, he said, refers to an old use permit to place a mobile home park on the site, said Coel.
That permit, he said, “is long dead,” and guessed it's been four or five years since anyone last discussed it.
E-mail Elizabeth Larson at
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Copyright Dar Williams 1997 (from the album "End of the Summer"
Well we're heading for a past that you leave not defend,
Where the downtown's hold the sadness of you can't go back again.
It's there you'll find the rust and debtors,
Motel signs with missing letters.
Cause there's a monster on the outskirts,
says it knows what your town needs,
Then it eats it up like nothing and it won't spit out the seeds.
And we can be the super shoppers,
we can say we're really smart
We can say our town is doing fine without a beating heart,
We can even say the money saved is all our own,
It's bought and sold, it's bought and sold.
And we're heading for a nasty business,
keeps our country growing,
Where the weapons that we're selling
are the only seeds we're sowing,
You get to blow the fruits of all your labors,
Sell F-16's to all the neighbors.
And we know that it's for money,
and that's how the west gets bargained,
You know the last time this happened,
even Vietnam got jargoned.
And you can say they're out to hunt you,
you can say they're out to fish you,
You can join a gang of restless boys
or start you're own militia,
You can even say your violence is all your own,
It's bought and sold, it's bought and sold.
And I look up to the people who are less bought than I,
You can show them what your selling,
and they'll only ask you why.
And their paychecks don't have lots of zeros,
They're my friends and they're my heroes.
And the TV sets are angry cause they just can't make 'em, pay
But I like the way these people read the signs and walk away
And we can call ourselves the makers and the keepers of the times,
We can spend our sand dollars
and sand nickels and sand dimes,
We can even say prosperity is all our own,
It's bought and sold, it's bought and sold.
We can even say our loneliness is all our own,
It's bought and sold, it's bought and sold.
It's bought and sold, it's bought. and sold.
By permision from Dar herself.