Planning Commission — Thursday, June 25, 2020
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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
4a.Action on Minutes - Approval of Minutes from the June 11, 2020 Planning Commission Hearing.
Action Item
5.Public Input
6.Timed Items - Public Hearings
6a.9:05 A.M. - CONTINUED FROM JUNE 18, 2020: Public Hearing on the Guenoc Valley Mixed Use Planned Development Project (AM 18-04; DA 18-01, GPAP 18-01; RZ 18-01, RZ 20-01; GPD 18-01; SD 18-01, SD 20-01; UP 18-49 and UP 20-02). The project applicant is LOTUSLAND LAND INVESTMENT HOLDINGS, INC., proposing to designate the Guenoc Valley Site as Resort Commercial, and Rezone it to Guenoc Valley District (GVD). The project locations are: 22000 Butts Canyon Road, Middletown; 21000 Santa Clara Road, Middletown, and the Southeast corner of the intersection of Butts Canyon Road and HWY 29.
Public Hearing
Staff memo
EXHIBITS:
1. Guenoc Valley Ownership and Parcel layout Map
2. Vicinity Map and EIR Exhibits Package
3. Existing and Proposed General Plan Land Use and Zoning Designation Maps
4. Proposed General Plan Land Use Designation Map
5. Proposed Zoning Designations
6. GVD Zoning District text
7. Proposed General Plan of Development
8. Proposed Specific Plan of Development Plans
9. Guenoc Valley District Design Guidelines
10. Guenoc Ranch Tentative Subdivision Maps
11. Santa Clara Tentative Subdivision Map
12. Santa Clara Concept Design
13. Draft Environmental Impact Report for the Guenoc Valley Mixed Use Planned Development Project (February 2020)
14. Final Environmental Impact Report, including Mitigation Monitoring and Reporting Plan, for the Guenoc Valley Mixed Use Planned Development Project (June 2020) (including comments on the DEIR and responses to those comments; additional corrections and additions to the DEIR)
15. Draft Conditions of Approval.
16. Draft Findings of Facts and Statement of Overriding Considerations.
17. Draft Development Agreement
I. EXECUTIVE SUMMARY
The Planning Commission is being asked to conduct a public hearing and make recommendations to the Board of Supervisors about changes to the Lake County General Plan, the Middletown Area Plan, and the Lake County Zoning Ordinance related to the Guenoc Valley Mixed Use Commercial Development project. In doing so, the Planning Commission will review and consider the Final Environmental Impact Report (EIR) prepared for the project, as well as oral and written comments from interested parties and written materials prepared by County staff.
The purpose of this hearing is for the Planning Commission to make a recommendation to the Board of Supervisors on certifying that the Final Environmental Impact Report is in compliance with the California Environmental Quality Act (CEQA) and approving the Guenoc Valley Mixed Use Commercial Development, which is composed of a General Plan Amendment, Rezone(s), Zoning Amendment to Adopted a New Zoning District, General Plan of Development, Specific Plan of Development Major Use Permit, Tentative Subdivisions Map(s) and a Development Agreement. The Final EIR consists of the DEIR (copies previously provided); comments on the DEIR and responses to those comments; additional corrections and additions to the DEIR.
All of these materials are also available on the County's website (http://www.lakecountyca.gov/Government/Directory/Community_Development/Planning/GuenocValley.htm), including the Final EIR (Exhibit 14), which contains the Draft EIR, comments received on the Draft EIR, responses to those comments, necessary changes to the text and analysis contained in the Draft EIR, and technical appendices.
Staff Recommendation
Staff recommends that the Planning Commission recommend to the Board of Supervisors the approval of the following:
* Adoption of a Water Supply Assessment
* Findings pursuant to CEQA, including adoption of the Statement of Overriding Considerations and a Mitigation Monitoring Reporting Program, and certify the Final EIR
* Zoning Ordinance Amendment to introduce a new Zoning District (AM 18-04) and subsequent Rezone (RZ 18-01)
* General Plan Amendment (GPAP 18-01)
* General Plan of Development (GPD 18-01)
* Major Use Permit (UP 18-01) for a Specific Plan of Development
* Development Agreement (DA 18-01)
* Tentative Subdivision Maps (SD 18-01) for the Guenoc Valley Site
* Actions related to the Middletown Housing Site, including: rezone approximately 3.5 acres of the Middletown Housing Site from Single-Family Residential to Two-Family Residential (RZ 20-01), Tentative Subdivision Map for the off-site workforce housing (SD 20-01) and a Use Permit for the Community Clubhouse (UP 20-02)
RECOMMENDATIONS:
Staff recommends the Planning Commission approve the following motions:
1. Move that the Planning Commission recommend that the Board of Supervisors (a) adopt a Water Supply Assessment, (b) make findings pursuant to CEQA, including adoption of the Statement of Overriding Considerations and a Mitigation Monitoring Reporting Program, and (c) certify the Final EIR.
2. Move that the Planning Commission recommend to the Board of Supervisors adopt an ordinance rezoning the Guenoc Ranch parcel to a Guenoc Valley-Specific District, adding a new chapter to the zoning code pertaining to development in that district, and specifying design guidelines for future development in that district.
3. Move that the Planning Commission recommend that the Board of Supervisors approve a General Plan Amendment, Rezone, General Plan of Development, Specific Plan of Development, Use Permit, Tentative Maps, and Development Agreement with the following findings:
A. As outlined in this Staff Report, this General Plan Amendment and Rezone is consistent with the Lake County General Plan, the Middletown Area Plan and the Lake County Zoning Ordinance.
B. The uses proposed by the general plan of development are compatible with the existing land uses in the vicinity.
C. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
D. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
4. Move that the Planning Commission recommend that the Board of Supervisors approve a Rezone of the interior portion of the Santa Clara site from Single Family Residential (R1) to Two-family Residential (R2) subject to the attached findings.
5. Move that the Planning Commission recommend that the Board of Supervisors approve the Tentative Subdivision Map and the Use Permit to allow for the community clubhouse at the Santa Clara site.
Original memo text
MEMORANDUM
Item #1
9:05 a.m.
June 25, 2020
STAFF REPORT
TO: Planning Commission
FROM: Scott DeLeon - Interim Community Development Director
Toccarra Thomas - Deputy Community Development Director
Mark Roberts - Principal Planner
Michelle Irace - Senior Planner
Supervisor District 1
DATE: June 18, 2020
SUBJECT: Guenoc Valley Mixed Use Commercial Development
1. Final Environmental Impact Report ("FEIR") (EIR 18-01)
2. Guenoc Valley General Plan Amendment, (GPAP 18-01)
3. Guenoc Valley Zoning Amendment to adopt a new Zoning District (AM 18-04)
4. Guenoc Valley Rezone, (RZ 18-01)
5. Guenoc Valley General Plan of Development (GPD 18-01)
6. Guenoc Valley Specific Plan of Development Major Use Permit (UP 18-49)
7. Tentative Subdivision Maps for Phase 1 (SD 18-01)
8. Development Agreement (DA 18-01)
Middletown Housing Site (Santa Clara Housing Site)
9. Santa Clara Rezone (RZ 20-01)
10. Santa Clara Tentative Map (SD 20-01)
11. Santa Clara Use Permit (UP 20-02)
EXHIBITS:
1. Guenoc Valley Ownership and Parcel layout Map
2. Vicinity Map and EIR Exhibits Package
3. Existing and Proposed General Plan Land Use and Zoning Designation Maps
4. Proposed General Plan Land Use Designation Map
5. Proposed Zoning Designations
6. GVD Zoning District text
7. Proposed General Plan of Development
8. Proposed Specific Plan of Development Plans
9. Guenoc Valley District Design Guidelines
10. Guenoc Ranch Tentative Subdivision Maps
11. Santa Clara Tentative Subdivision Map
12. Santa Clara Concept Design
13. Draft Environmental Impact Report for the Guenoc Valley Mixed Use Planned Development Project (February 2020)
14. Final Environmental Impact Report, including Mitigation Monitoring and Reporting Plan, for the Guenoc Valley Mixed Use Planned Development Project (June 2020) (including comments on the DEIR and responses to those comments; additional corrections and additions to the DEIR)
15. Draft Conditions of Approval.
16. Draft Findings of Facts and Statement of Overriding Considerations.
17. Draft Development Agreement
I. EXECUTIVE SUMMARY
The Planning Commission is being asked to conduct a public hearing and make recommendations to the Board of Supervisors about changes to the Lake County General Plan, the Middletown Area Plan, and the Lake County Zoning Ordinance related to the Guenoc Valley Mixed Use Commercial Development project. In doing so, the Planning Commission will review and consider the Final Environmental Impact Report (EIR) prepared for the project, as well as oral and written comments from interested parties and written materials prepared by County staff.
The purpose of this hearing is for the Planning Commission to make a recommendation to the Board of Supervisors on certifying that the Final Environmental Impact Report is in compliance with the California Environmental Quality Act (CEQA) and approving the Guenoc Valley Mixed Use Commercial Development, which is composed of a General Plan Amendment, Rezone(s), Zoning Amendment to Adopted a New Zoning District, General Plan of Development, Specific Plan of Development Major Use Permit, Tentative Subdivisions Map(s) and a Development Agreement. The Final EIR consists of the DEIR (copies previously provided); comments on the DEIR and responses to those comments; additional corrections and additions to the DEIR.
All of these materials are also available on the County's website (http://www.lakecountyca.gov/Government/Directory/Community_Development/Planning/GuenocValley.htm), including the Final EIR (Exhibit 14), which contains the Draft EIR, comments received on the Draft EIR, responses to those comments, necessary changes to the text and analysis contained in the Draft EIR, and technical appendices.
Staff Recommendation
Staff recommends that the Planning Commission recommend to the Board of Supervisors the approval of the following:
* Adoption of a Water Supply Assessment
* Findings pursuant to CEQA, including adoption of the Statement of Overriding Considerations and a Mitigation Monitoring Reporting Program, and certify the Final EIR
* Zoning Ordinance Amendment to introduce a new Zoning District (AM 18-04) and subsequent Rezone (RZ 18-01)
* General Plan Amendment (GPAP 18-01)
* General Plan of Development (GPD 18-01)
* Major Use Permit (UP 18-01) for a Specific Plan of Development
* Development Agreement (DA 18-01)
* Tentative Subdivision Maps (SD 18-01) for the Guenoc Valley Site
* Actions related to the Middletown Housing Site, including: rezone approximately 3.5 acres of the Middletown Housing Site from Single-Family Residential to Two-Family Residential (RZ 20-01), Tentative Subdivision Map for the off-site workforce housing (SD 20-01) and a Use Permit for the Community Clubhouse (UP 20-02)
RECOMMENDATIONS:
Staff recommends the Planning Commission approve the following motions:
1. Move that the Planning Commission recommend that the Board of Supervisors (a) adopt a Water Supply Assessment, (b) make findings pursuant to CEQA, including adoption of the Statement of Overriding Considerations and a Mitigation Monitoring Reporting Program, and (c) certify the Final EIR.
2. Move that the Planning Commission recommend to the Board of Supervisors adopt an ordinance rezoning the Guenoc Ranch parcel to a Guenoc Valley-Specific District, adding a new chapter to the zoning code pertaining to development in that district, and specifying design guidelines for future development in that district.
3. Move that the Planning Commission recommend that the Board of Supervisors approve a General Plan Amendment, Rezone, General Plan of Development, Specific Plan of Development, Use Permit, Tentative Maps, and Development Agreement with the following findings:
A. As outlined in this Staff Report, this General Plan Amendment and Rezone is consistent with the Lake County General Plan, the Middletown Area Plan and the Lake County Zoning Ordinance.
B. The uses proposed by the general plan of development are compatible with the existing land uses in the vicinity.
C. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
D. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
4. Move that the Planning Commission recommend that the Board of Supervisors approve a Rezone of the interior portion of the Santa Clara site from Single Family Residential (R1) to Two-family Residential (R2) subject to the attached findings.
5. Move that the Planning Commission recommend that the Board of Supervisors approve the Tentative Subdivision Map and the Use Permit to allow for the community clubhouse at the Santa Clara site.
6b.9:10 A.M. - Public Hearing on consideration of a Major Use Permit (UP 19-50) and Categorical Exemption (CE 19-96). The project applicant is RICHARD SEREGHY of CALIZONAOZ LLC, proposing retail sales of commercial cannabis products. The project is located at 8466 Lake Street, Lower Lake, and further described as APN 012-054-25.
Public Hearing
Staff memo
Supervisor District 1
ATTACHMENTS: 1. Vicinity Map
2. Proposed Site Plans
3. Supplemental Data and Project Description
4. Agency Comments
5. Major Use Permit Findings
I. EXECUTIVE SUMMARY
This is a requesting approval for a Major Use Permit to allow retail sales of tested and approved cannabis products, pursuant to Article 18, Section �18.5(h) of the Lake County Zoning Ordinance located at 8466 Lake Street, Lower Lake. The proposed use will operate within an existing 2,310 square foot building. The operating hours will be 9 AM to 9 PM, 7 days per week, with 6 employees at peak shift. The applicant anticipates 75 customers per day, and 3 to 5 deliveries per week.
Construction Schedule will begin on the interior alterations, landscaping, and other improvements once the permit is obtained.
II. RECOMMENDATIONS
Staff recommends that the Planning Commission take the following Actions:
A. Adopt Categorical Exemption (CE 19-96) for UP 19-50 with the following findings:
1. The project is consistent with CEQA Categorical Exemption, Class 1 (Existing Facilities), which consists of the operation, repair, maintenance, and permitting, leasing, licensing, or minor alteration of existing of public or private structures, facilities, mechanical equipment or topographical features.
2. This project is consistent with the Lake County General Plan, Lower Lake Area Plan and Zoning Ordinance.
3. The project is consistent with land uses in the vicinity.
4. This project will not result in any significant adverse environmental impacts.
B. Approve Major Use Permit, UP 19-50 with the following findings:
1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance.
6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and.
Sample Motions:
Categorical Exemption (CE 19-96)
I move that the Planning Commission find the Major Use Permit (UP19-50) applied for by Calizonaoz, LLC on property located at 8466 Lake Street, Lower Lake further described as APN: 012-054-25 is exempt from California Environmental Quality Act Guidelines Categorical Exemption Class 1 �15301 based on the findings set forth in Staff Report dated May 29, 2020.
Major Use Permit (UP 19-50)
I move that the Planning Commission find that the Major Use Permit (UP 19-50) applied for by Calizonaoz, LLC on property located 466 Lake Street, Lower Lake further described as APN: 012-054-25 does meet the requirements of Section 51.4 and Article 18 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated April 23, 2020.
NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.
Reviewed by: MR
Original memo text
Memorandum
Item # 2
9:10 AM
June 25, 2020
STAFF REPORT
TO: Planning Commission
FROM: Scott De Leon, Interim Community Development Director
Toccarra Nicole Thomas - Deputy Director
Mark Roberts - Principal Planner
Victoria Kim, Assistant Planner
DATE: May 29, 2020
SUBJECT: Richard Sereghy; Major Use Permit (UP 19-50), Categorical Exemption (CE 19-96).
Supervisor District 1
ATTACHMENTS: 1. Vicinity Map
2. Proposed Site Plans
3. Supplemental Data and Project Description
4. Agency Comments
5. Major Use Permit Findings
I. EXECUTIVE SUMMARY
This is a requesting approval for a Major Use Permit to allow retail sales of tested and approved cannabis products, pursuant to Article 18, Section �18.5(h) of the Lake County Zoning Ordinance located at 8466 Lake Street, Lower Lake. The proposed use will operate within an existing 2,310 square foot building. The operating hours will be 9 AM to 9 PM, 7 days per week, with 6 employees at peak shift. The applicant anticipates 75 customers per day, and 3 to 5 deliveries per week.
Construction Schedule will begin on the interior alterations, landscaping, and other improvements once the permit is obtained.
II. RECOMMENDATIONS
Staff recommends that the Planning Commission take the following Actions:
A. Adopt Categorical Exemption (CE 19-96) for UP 19-50 with the following findings:
1. The project is consistent with CEQA Categorical Exemption, Class 1 (Existing Facilities), which consists of the operation, repair, maintenance, and permitting, leasing, licensing, or minor alteration of existing of public or private structures, facilities, mechanical equipment or topographical features.
2. This project is consistent with the Lake County General Plan, Lower Lake Area Plan and Zoning Ordinance.
3. The project is consistent with land uses in the vicinity.
4. This project will not result in any significant adverse environmental impacts.
B. Approve Major Use Permit, UP 19-50 with the following findings:
1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project.
5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance.
6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and.
Sample Motions:
Categorical Exemption (CE 19-96)
I move that the Planning Commission find the Major Use Permit (UP19-50) applied for by Calizonaoz, LLC on property located at 8466 Lake Street, Lower Lake further described as APN: 012-054-25 is exempt from California Environmental Quality Act Guidelines Categorical Exemption Class 1 �15301 based on the findings set forth in Staff Report dated May 29, 2020.
Major Use Permit (UP 19-50)
I move that the Planning Commission find that the Major Use Permit (UP 19-50) applied for by Calizonaoz, LLC on property located 466 Lake Street, Lower Lake further described as APN: 012-054-25 does meet the requirements of Section 51.4 and Article 18 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated April 23, 2020.
NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.
Reviewed by: MR
7.Non-Timed Items
8.Department Update
9.Adjournment