Permit conditions take time to unravel

Monday, March 03, 2008

By Jerry Budrick (jbudrick@ledger-dispatch.com)

The struggle between old-time laissez faire and modern city planning found a point of focus at Thursday night's meeting of the Plymouth City Council.

In January, the Plymouth Planning Commission approved a conditional use permit for the expansion of Lubenko Self Storage, also known as Bush Street Outdoor Storage. This use permit was approved subject to 19 conditions, a list of which was given to the Lubenkos as Exhibit A.

Shortly after receiving the list, applicant Mitch Lubenko wrote to the city council, appealing five of the 19 conditions, any and all of which he said could prove costly.

Condition 6 states that the applicant shall pay all appropriate development fees to the city and other special districts. Condition 8 calls for submission of a landscape plan, followed by landscaping with trees, shrubs and bushes along the extensive perimeter of the project site. Condition 15 requires annexation into the Amador County Community Facilities District No. 2006-1, a funding mechanism for fire protection services. Condition 18 requires paving Bush Street, including curb, gutter and sidewalk along the entire project frontage, while 19 calls for installation of a 24-hour video surveillance system.

A few years can make a substantial difference. It was only August 2003 when the Lubenkos were given a conditional use permit for their first RV, trailer and boat storage facility, which is located on an adjacent parcel. The conditions of that permit dealt only with safety, time and magnitude of the operation. None of the conditions had up-front cash consequences.

At Thursday night's meeting, the thick packet of documents concerning the Lubenko appeal included a procedural guide that characterized a conditional use permit hearing as "a quasi-judicial proceeding." That was reflected in the hours spent on this item by the council, as the session became much more like a court of law than a city council meeting.

There were lengthy explanations of the procedural legal regulations by City Attorney Shasta Greene, detailed clarifications of the planning guidelines by City Planner Paula Daneluk, and occasional input from Lubenko attorney Timothy Pemberton, City Engineer Roark Weber and other city staff members.

Just after 11 p.m., Councilwoman Pat Shackleton made a motion to affirm the findings of the planning commission. Councilwoman Pat Fordyce seconded the motion. Councilman Greg Baldwin, the only other member present, joined the two Pats in a unanimous decision.

Bathrooms in the park will be remodeled soon, with low bidder R. L. Foy doing the work for $24,650.

Swimming pool operation during hot weather is an issue of great concern to many in Plymouth. The pool is known to have structural problems in need of repair and estimates, according to Mayor Jon Colburn, "are in the $40,000 range." With everyone talking about it, consensus of the council was that action will be taken in the very near future. Shackleton suggested creation of a fundraising thermometer in some highly visible location.

Amendment of Plymouth's Motorcycle Ordinance was scheduled for discussion and possible action at the meeting, but was tabled until the next council meeting.

Motorcycles were a topic, with the announcement that MotorcycleExpo has chosen the Amador County Fairgrounds as its new home. Coming to Plymouth on May 31 and June 1, this event is expected to have an attendance of more than 5,000 this year, possibly double that next year.

Event organizers chose to move the event from Auburn, where it has been held for the past two years. Plymouth's level terrain and spacious grounds were major considerations. City residents will be given free admission with proof of residency, while the general public will be charged $15 per day or $25 for both days. The event will be a Susan G. Komen benefit for the cure of breast cancer. Details can be found at www.annualmotorcycleexpo.com.


Jerry Budrick