A September 18 letter to the board of the Southern Humboldt Community Park warns continuing to hold unpermitted events at the park is a violation of county zoning regulations and will result in legal action against the board, such as misdemeanor public nuisance charges, or possible injunction or abatement proceedings.

”Such noncompliance may also subject the owner, principal, agent, employee and/or persons engaged in the activity to administrative penalties and other liability as provided by law,” reads the letter from Supervising Planner Steve Werner.

Werner says the letter “represents the current position of the county” and makes clear that the events held at the park are not sanctioned. Werner says that the county has received requests for documents about the park under the Public Records Request Act. He couldn’t say how many letters or complaints the department had received, but neighbors of the park have circulated dozens of complaints forms.

Justin Crellin, speaking on the behalf of the Mateel Community Center, said it was his understanding that the park board was getting conflicting information from the county and that as far as he knew the Hoedown was acceptable.

”It’s

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our understanding that these events are okay,” he said, and added that he was told the park board is working with the planning department on the issue.

Kathryn Lobato, president of the park board, declined to comment, but a news broadcast on KMUD reported that everything had been worked out between the planning department and the board so the Hoedown could go forward as planned.

This came as news to planner Michael Richardson, filling in for the vacationing Werner.

”That’s not what I heard,” Richardson said. “They don’t have permission and are not authorized to hold the event. I’m not sure where they are getting their information.”

He said that he had received a phone call from a board member saying that, “I was telling her something different than the Planning Director Kirk Girard had told her.”

Richardson maintains that the planning department is united on the need for permits.

”We may have differed in a few details,” he said, “but we’re consistent on the main points.”

Richardson said that a meeting of planners with the park board is scheduled for Wednesday, October 1.

When asked, he acknowledged that the park board might have gotten the idea that it was okay to hold concerts at the park because no one complained until recently.

”Our enforcement program is complaint driven,” he said, adding that the first complaint they received about a park concert came in the summer of 2007 and that they have been pursing bringing the park into compliance since that time.

Richardson says one of the purposes of requiring a Conditional Use Permit for large events is to give neighbors a chance to speak to the Planning Commission about the community impacts of these events, some of which can be mitigated. It also gives other agencies the chance to troubleshoot possible problems resulting from the events.

So what will happen when the park board goes forward without permits? The standard penalty for unpermitted events, Richardson said, is to double the use permit fees. Above that level, he said, the Code Enforcement Unit has fees to impose.

Planner Marcella Clement said that the park board may have gotten the mistaken impression that participating in the General Plan Update negated the need for a permit.

Clement reiterated what other planners have said, that even with the re-zoning, conditional use permits are required for public events. She said also that the zoning change they are asking for “is not a given or a slam dunk.”

Meanwhile, complaints were received at the planning department about noise from a Clif Clendenen fundraiser held at a private home in Redway a few weekends back. And a concert held in the old restaurant building adjacent to the golf course and RV campground in Benbow also generated complaints.