Clear Lake planning commission approves 22-lot Danco subdivision despite tribal and environmental objections

The Clear Lake Planning Commission voted unanimously on Dec. 18 to approve SD 2201, a 22-lot subdivision proposed by Danco Communities at 2890 Old Highway 53.

The motion to approve the subdivision — which identifies the site as approximately 30 acres to be divided into 22 residential lots with lot sizes ranging from roughly 1.25 to 2.5 acres and served by Highlands Water with on-site septic — passed 5-0 after public comment and a staff presentation. Commissioner Inglis moved the item; Commissioner Coker seconded. A roll-call vote recorded Commissioners Smalley, Inglis, Coker, Vice Chair Stewart (Harry Stewart) and Chair Williams voting "aye." The commission adopted Resolution PC 23-07.

The decision followed a detailed staff presentation summarizing project history, environmental review and prior surveys conducted by Dr. White of Subterra Heritage Resource Investigations. Staff described the project changes from an earlier 2006 mitigated negative declaration, the results of AB 52 tribal consultation and the MND prepared for this application. Staff noted that Dr. White identified two newly discovered sites (one historic-area site and one prehistoric tribal cultural resource labeled CRO2) and recommended designing the plan to avoid CRO2 and provide a 35-foot no-disturbance buffer.

The hearing included sustained concerns from the Koi Nation and local environmentalists. Bill Chisholm, representing the Koi Nation, and Koi Nation legal and cultural representatives urged stronger tribal-cultural-resources (TCR) mitigation measures and asked the commission to require written, advance protocols for how discoveries will be handled during ground disturbance. "There needs to be consultation with the tribe," Chisholm said, urging that mitigation be modified to account for newly discovered resources.

A Koi Nation speaker argued that the draft mitigation does not go far enough and pressed for specific protections, including a mutually agreed reburial area for discovered materials, paid tribal monitors during ground disturbance and prohibitions on "destructive data testing" and long-term curation of tribal cultural materials. "There should be no data testing, no destructive data testing, and no curation of tribal cultural resources," the speaker said, and asked that monitoring and treatment protocols be written before project approval.

Chris Stark, president of Danco Communities, told the commission that the developer has engaged with tribal representatives and is prepared to proceed with the engineering and improvement plans if the project is approved. Stark said the developer anticipates preparing improvement plans in the first half of 2024, beginning infrastructure construction in summer 2024 if permitting proceeds on schedule, and marketing lot sales and homes in 2025. "Pending this approval, we would immediately go into developing the improvement plans with our design professionals," Stark said.

Local environmental groups also asked the commission for stronger protections. Deb Sally, a Burns Valley resident and chair of the Sierra Club Lake Group, said the northern seven lots intersect an intermittent drainage that flows to Clear Lake and warned that homeowner activities, fertilizer use and erosion could harm lake water quality. Sally requested that lot lines be redrawn to remove the waterway from private lots or that phasing prioritize lots that do not include the intermittent stream. "It is inevitable that increased erosion and sediment runoff as well as fertilizer and chemical use by the homeowners will result in these things eventually entering Clear Lake," she said.

Staff and the developer described on-site stormwater treatment and drainage features. The project engineer said the design includes roadway drainage ditches and separators intended to remove contaminants before water flows into the on-site intermittent drainage. Staff also explained that Oak tree removal will require a tree-preservation plan, an oak permit, and either replacement trees or a tree-removal fee currently listed at $600 per removed oak.

On questions about CEQA, staff summarized the project’s background, the archaeological investigation and consultation timeline. Staff noted that formal AB 52 consultation concluded without agreement and that the city may proceed under CEQA subsequent-review standards tied to the 2006 MND, while still implementing mitigation measures in the current MND. Staff emphasized that decisions about whether additional on-site resources qualify as tribal cultural resources are discretionary determinations for the lead agency based on the record and the tribes’ statements.

Commissioners asked detailed questions about septic versus sewer service (staff said the site is outside the special district and will use septic), whether street lights, sidewalks or curb-and-gutter would be installed (the developer and engineer said no sidewalks or street lights; power will be underground), and whether CC&Rs or deed restrictions might address creek protections or minimum home sizes (developer said CC&Rs and an architectural review committee were planned to preserve neighborhood continuity).

After public comment and staff responses, the Planning Commission moved to vote on the subdivision map and related MND; the motion carried unanimously. The staff record and the project file include consultation letters from the Koi Nation, the Sierra Club Lake Group, and comment letters cited in the staff report. Staff indicated coordination with tribes and monitoring and mitigation measures will continue as the project moves toward final maps and permits.

The commission adjourned the special meeting at 6:35 p.m. following the vote. The transcript contains an inconsistent date stamp at adjournment (09/18/2023) that appears to be a clerical error; the meeting was conducted and noticed for Dec. 18, 2023.

What’s next: the developer said it will pursue improvement plans and grading permits with the city, complete required mitigation and monitoring steps during permitting and, if timed as anticipated, begin infrastructure construction and apply for final map and public-report filings in late 2024–2025.