The Steelhead Drive neighborhood, bottom of picture, is located across from the Van Ecks' property (surrounding pond). The issues of noise, traffic and zoning all are playing parts in the dispute over the project. Photo courtesy of Jim Clement.

THIS ARTICLE HAS BEEN UPDATED, WITH CLARIFICATIONS ON COMMISSIONER ROSENTHAL'S VOTE. 

LAKEPORT – The problems with outdated zoning – particularly locating residential properties next to agriculturally zoned lands – is at the crux of a Kelseyville project that neighbors are appealing to the Board of Supervisors.

John and Joanne Van Eck's planned riding academy at their Steelhead Drive property is set to go before the Board of Supervisors at the Tuesday, May 13 meeting.

On Feb. 28, after three public hearings amounting to eight hours of public input and commission discussion, the Lake County Planning Commission approved a minor use permit for the Van Eck's project.

Commissioners Monica Rosenthal and Clelia Baur were the dissenters in the 3-2 vote.

Rosenthal cited several reasons for her vote, among them her belief that the project should have a major use permit, with certain mitigation measures. The Van Ecks currently host three special nonprofit events a year, the same number that would be allowed under a minor use permit. Rosenthal didn't believe that was a realistic number, considering the number of groups they've supported in the past and might in the future with the riding academy's addition.

She also was concerned about the clubhouse having a minor use permit, which can only be approved, according to county ordinance, if it is not “detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood.” Based on the neighbors' testimony, Rosenthal believed they would be impacted in such a way that would make the permit inappropriate.

Baur also said she had issues with the project in its entirety.

Within days of the approval Steelhead resident Jim Clement filed the paperwork to send the matter to the Board of Supervisors for an appeal. Clement said he's not trying to be a bad neighbor, but he hasn't been able to overcome his concerns about the project and its impact on the neighborhood.

The project includes a 14,000-square-foot riding arena, a commercial stable, riding academy and a 2,276-square-foot clubhouse facility with a 2,200-square-foot open air, walled garden, according to Planning Department documents.

The Van Ecks say the project on their 76-acre property will serve 15 riding students, primarily children with disabilities. The minor use permit the Planning Commission granted them allows the ranch to host three special nonprofit events annually.

Clouding the issue of the project's worthiness are bad feelings, a previous lawsuit by the Van Ecks against the neighborhood water district and the neighbors' sense that the Van Ecks, ultimately, want to have a major events center at their ranch.

But planning officials and commissioners believe the primary issue appears to be a holdover from decades-old planning – the fact that the small subdivision along Steelhead Drive, and across from the Van Eck property – is residential and conflicts in many ways with the nearby agricultural zoning.

That was a point made by Rosenthal at the Feb. 28 Planning Commission meeting. Rosenthal, who lauded the Van Ecks for working to make agriculture productive, nevertheless cautioned, “It's very problematic for agriculture to abut suburban zoning.”

John Van Eck declined comment for this story, saying he wished to make his case before the board.

The project itself has been under intense scrutiny since public hearings began on it last summer. At the February hearing planners had placed on the agenda revocation of the Van Ecks' three farmworker housing units, including one duplex and one small unit that is actually a hardship residence for Joanne Van Eck's elderly mother.

Community Development Director Rick Coel said his department had difficulty ascertaining if the amount of agricultural activity on the land justified the housing, a concern he said the Van Ecks dispelled when they provided more information about their cattle, fish farming, horses and other operations.

Coel called sorting out the project “a real challenge.”

He told Lake County News that his department was looking at the project closely in order to take care of any outstanding issues and “get back to the merits of the use permit application.” Coel added that the Van Ecks have sought permits for all the buildings they've constructed on the property.

Questions have still remained, such as that posed by Planning Commissioner Clelia Baur at the Feb. 28 hearing, when she asked Coel if the duplex building format qualified for farm labor housing.

“That's been a difference of interpretation,” said Coel. “The way I interpret the zoning ordinance, no.”

Coel was put in what he called the “uncomfortable” position of answering the questions. The county's previous Community Development director, Mary Jane Fagalde, under whose tenure many of the Van Ecks' original permits were approved, is now representing the couple on the project, and argued their case before the commission.

In making his response to Baur's question Coel explained that the county issued, inspected and finalized the permits. “Whether that decision was correct or not I don't think is necessarily the point now.

“If it was a mistake, shame on us for making a mistake,” he said. “In the future I can assure you that is not the interpretation of the department.

Coel added that the county's zoning ordinance “definitely needs an overhaul.”

Fagalde said there has never been this much scrutiny on farm labor quarters in the county over the past 15 years.

She referred to a letter from Agriculture Commissioner Steve Hajik that said the Van Ecks' agricultural use qualified them for the housing.

The Van Ecks also have a small parcel of walnuts, 40 acres of hay which has been too wet to harvest over the last few years and plans for planting grapes, said Fagalde. At the time she said there were 25 head of cattle on the land.

Clement, who has been an outspoken critic of the plan, told the commissioners, “You don't have to live with it, we have to live with it.”

Neighbor Debbie Majestic said she was concerned about Fagalde's part in approving the farm labor duplex and the covered arena, especially since Fagalde was representing the Van Ecks' project.

“That was a little personal,” Fagalde responded, saying she has administered more than 15,000 building permits and finalized thousands of permits during her years as a building official. She added that she did not approve the project's zoning permits.

At the February hearing representatives of local nonprofits including Peoples Services, Hospice Services of Lake County and Lake Family Resource Center – on the board of which Joanne Van Eck is a member – came to speak on behalf of the couples' generosity and their plans.

During the February hearing neighbors raised concerns over roads and traffic, and stated their belief – based on statements they attributed to John Van Eck – that he planned to eventually seek a major use permit to make the property a events center.

“Put everything together. It doesn't match up,” said Majestic. “That's why we're concerned. It doesn't match up. The big picture doesn't fit.”

Majestic pointed to the original, much larger plans, which included a wine cave in the clubhouse.

Joanne Van Eck said that she's gone to the county with every idea she's had, and has tried to follow the rules. Her agricultural business, she said, is her right, but she was upset that her neighbors hadn't brought their concerns directly to her. “I can't believe they're saying the things they're saying about us.”

Her goal is to have a safe place for children to come and enjoy riding and driving horses. “The motive I have right now is that handicapped kids are going to be using my facility for free.”

She said in trying to achieve that goal she has been hit with red tags and stop work orders but no violations.

“I love cows, and I love horses, and I'd love to help kids and nonprofits,” she said.

Lakeport resident Melissa Fulton told the commission, “When you buy property you don't necessarily choose your neighbors.”

She suggested the neighbors should sit down and talk, because the project was a good one. The county, said Fulton, needs a good equestrian facility.

Coel said his staff had a central concern – the commercial kitchen in the clubhouse. “I am torn on that issue.”

Rosenthal suggested that the clubhouse would be underutilized on a minor use permit, because it would only be allowed three events a year. “It would be a shame to not do more.”

Swetnam said in making his decision he needed evidence that there were problems with the project. He said only one official complaint had been made by neighbors, and it was determined to be unfounded.

“There's nothing before me right now that I can hang my hat on that I can justify turning them down,” he said.

Coel's report to the board for Tuesday suggests Clement's appeal be turned down.

In a letter submitted to the board late last week, Clement urged the supervisors to vote in favor of his appeal, citing the project's close proximity to the high-density residential neighborhood.

Neighbors are concerned about noise levels and traffic on the narrow, dead-end street, said Clement, as well as possible impact on Cole Creek and the nearby Clear Lake State Park.

“We are adamantly opposed to the clubhouse in this Minor Use Permit,” Clement wrote. “Originally the clubhouse use was restricted to activities related to the riding academy and the 3 permitted special events. This restriction was deleted from the Minor Use Permit at the February Planning Commission meeting. The clubhouse can now be used an unlimited amount of times with no restrictions on the type of activity. We are extremely concerned about the lack of restrictions on the clubhouse in the revised minor use permit.”

Clement also questioned the actual agricultural use the Van Ecks say is taking place on the land. “We have no problem with the proper agricultural use of the property. We agree that this is the owner’s right. We have, however, seen little agricultural use.”

The issue will be discussed beginning at 9:15 a.m. at the Tuesday board meeting.

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smurf - OK kids... Registered | 05-11-2008 11:14:17 what have we learned? Number one, Mary Jane homophobic_sluralde is, was and probably always will be a sleaze-bag, her standard way of doing things as head of the CDD was to make you follow all the rules-unless you were one of her farming pals, in which case you could do whatever you could get away with. Number two, we also learn (again), that Cliff Swetnam also has extremely elastic ethics, one more reason Cliff shouldn't be on the planning commission-and isn't one fat check from the county enough for you Cliff? What riding academy for disabled kids would be complete without a "wine cave", yeah, I'd build one of those for them before I built say, a playground! Thank God we have two people on the planning commission that aren't just fat lumps of crap piled on a chair waiting for their paychecks (like ALL the male members are!).

california - donations Registered | 05-11-2008 12:29:12 I just wish you would donate half as much time or money as the VanEck's do Mr. Smurf. They are wonderful giving people, not angry the world owes me like you. Maybe houses shouldn't be built in ag areas, and this is a beautiful ag area. I would love to see an events center there as it is a wonderful place. Mrs. VanEck sits on so many boards (to try and help out) that if every organization that she belongs to stepped back we wouldn't have any out there elegible to do anything. I look forward to your donation of $$ and time at our next fundraiser Mr. Smurf.

smurf - bribes 'R us? Registered | 05-11-2008 13:22:29 maybe if I was born with a silver spoon shoved into one of my orifices I'd be greasing the wheels the way the Van Ecks have, but I wouldn't have given money to some of the politicians they have-but I wasn't so I don't! I don't know if this is a good plan or not, i do know that the neighbors are correct in wondering why a clubhouse for disabled children features a wine cave, an amenity generally associated with well-heeled adult frivolities rather than junior equestrian activities. My gripe here is with homophobic_sluralde and Swetnam, people I have to pay my taxes to support, both are dishonest and should not be in their positions-period! I have donated thousands of hours of work to this community but I don't expect special treatment for it and neither should the Van Ecks, the plan has to stand on it's own merits because anything else is a perversion of the system.

Baxter - Right to Farm IP:72.171.0.xxx | 05-11-2008 13:23:10 The root of the problem here is that the land across the road was re-zoned. It was sub-divided and sold to non-rural people for the purpose of leading a non-rural lifestyle. That is an aspect of the re-zoning peril that doesn't get talked about enough. When you re-zone Ag use to rural residential, you not only lose the acres that will become rural residential, but you jeopardize the rural lands abutting the new "rural residential" sprawl. In theory, everyone who buys property in Lake County commits their signature to the "Right to Farm." Unfortunately, the thin edge of the wedge is constantly used to undermine farming. City folks buy property in the country to get away from everything they don't like about life in the city, but inevitably they immediately begin finding fault with life in the country, too. Too many flies. Too many pungent odors. Farm machinery that runs at odd hours to accomplish whatever needs to be done according to weather and harvesting patterns... Because of the "Right to Farm" law, they may not be able to object outright to the existence of the farm itself, but there are many other ways to chip away at the farmer's ability to make a living. Today's small farmers and ranchers must seek creative solutions to enable their land and lifestyle to survive, to continue to be able to produce food and maintain a farming or ranching tradition. That is what the VanEcks are trying to do. Not to mention that they would be providing a truly desperately needed service to Lake County, which is woefully lacking in equestrian facilities (i.e. places where events can be held). So if you count yourself as anti-sprawl, pro-green, and a proponent of preserving Lake County's agricultural heritage, please understand the need to support the VanEcks and any other farmers or ranchers who are trying to find ways to keep their Ag-zoned land economically viable. Otherwise, kiss the ag lands goodbye and look forward to a future Lake County which looks no different that the endless miles of sprawl down south, or to the east along Highway 5. Ick.

Shores_of_Kabatin - Amen, Baxter Registered | 05-12-2008 16:54:12 You couldn't have said it any better. I agree and don't want my beloved Lake County disappearing for urban-type sprawl - it's why I live here. Perhaps the VanEck's should call their cabins "cowboy bunkhouses" - instead of farmworker cabins, but I believe those were approved?

CobbMt Registered | 05-11-2008 13:33:57 It does not pay to farm on that small scale. The farming housing is simply a rental, these folks will make the property a show property for some wealthy urban farmers and move on. Is not that why they are rich, by Lake County standards, ie middle class everywhere else. High end develpment knows no problem in selling in lean times. The folks pay cash.

smurf - Ag? Registered | 05-11-2008 13:58:10 Ag? This is "Ag"? The production of food and fiber, like it says in the dictionary? No, this is a recreational use the Van Ecks want, the problems the neighbors forsee are related to traffic/ noise from social events rather than genuine ag activities-got that baxter? There were already plenty of cattle on the ranch, a few more horses wouldn't make the difference smell-wise, and I'd be glad to haul off every shoveful of manure they generated anyway for my organic farm. This looks more like RR use than ag, people are going to have to decide if that's what they want there, and the people who should do that are the neighbors.

chrizzy - It sounds pretty good Registered | 05-11-2008 15:15:40 The project sounds pretty good to me... I'd sure welcome that sort of operation near me rather than the crank freaks and dealers living around me with all their messes building up in their front yards and spreading out into the street! What is wrong with diversification of Ag land??? What's wrong with Ag land trying to make an interesting project fly and maybe make a profit in a new creative way? I can't believe there are going to be big traffic jams causing problems for neighbors! Should we shut down Konocti Harbor Resort too??? This is why I regret my move to Lake County often... it seems it's ok to just let things go to pot... but if anyone comes up with an innovative idea... it's shot down...

Donna Christopher - Matter of perspective Smurf Author | 05-11-2008 16:46:36 What I see is arable land, source of water and bomb shelter/ root cellar where a wine vault (if approved) once was. Places like this will be very beneficial when everything goes to hell. Which shouldn't be to far in the future, what with peak oil and peak population putting a horrific strain on everything on this planet. Look at it as a Mad Max opportunity when the time comes

raj - Hmmm Registered | 05-11-2008 17:24:26 Will Farrington remove himself from this as he lives in the area? Zoning means nothing as it can always be changed to accomadate a special interest (Developers?). If you don't like AG activity, don't move into the area and don't build a home there. This sounds like a better project than another 500 plus homes going in. I could go on but I think you all get my point. Happy Mother's Day!

max - A use permit comes with condit Registered | 05-11-2008 23:49:15 The Van Ecks have to comply with more conditions than most of the other non approved facilities that dot our neighborhoods. They have done things right and their place shows more than horse sense. Their cattle are healthy and they have helped out many of their neighbors without any request for repayment. As in many cases there is thrill at being able to make problems for those who may have more than the avarage, These people earned theirs the old fashioned way and have been a real help for our community. The gripers can do their griping when and if the van ecks don't live up to the use permit. Stop wasting county money for your 15 minutes of fame. We need more helpful people in this community, while you gripers go get the people who are taking shortcuts and not paying their way. How about getting on the free advertising for pools on hwy 29 Scenic Corridor with out a permit or use permit, while other contractors have to pay their share. Or the businesses that don't put in trash enclosures letting trash fly everywher.

smurf - just a minute Registered | 05-12-2008 10:09:05 mad max, the issue here is should a RR business be in this neighborhood when the zoning is ag, anything else like the Van Ecks are nice people or there's a right to farm is not relevant. The neighbors have a right to express their concerns when people are changing the rules in their community, maybe for good-maybe not. The people who want special treatment for the Van Ecks need to go sit in the corner, let the project stand on it's own merits. The REAL reason people are leery is that the last time something like this was proposed it was Perez at Rancho de la feunte, and nobody wants a repeat of that fiasco. the neighbors have to be clear on what the whole project will entail and what the impact will be at maximum use, that's what the hearing is for, so the process is working.

KelseyGirl707 - Know the facts people, before Registered | 05-12-2008 16:13:29 Why is good always attacked by evil? Just because someone does not agree with you, does not give you the right to verbaly attack them, and slanderize against them. If you want to do that why don't you use your god given surname so the person you are slandering against can take appropriate actions, unless your homophobic yourself, and you don't know if your name is Phil or Phillis.

James Registered | 05-15-2008 16:57:53 Maybe because we have had dealings with Mary Jane Fa galde and found her tobe A liar.Some of us find that not miss speaking but dishonest with the former community development director.Why is she the former?Why is she representing the Van Ecks? She was helping them as the director as she was sticking it to me, my wallet not as fat? I know this if she is involved take a long hard look at it. Semper Fi Jame Henderson. Hell will freeze over first kelseyGirl before those I accuse sue me for slander and Brown is liar. The Van Ecks I donot know.

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