Planning Commission — Thursday, May 9, 2019
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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
4a.Consideration of approval of minutes from March 28, 2019 Planning Commission Hearing.
Action Item
5.Public Input
6.Timed Items - Public Hearings
6a.9:05 a.m. Public Hearing on consideration of a Lakebed Encroachment Permit. The project applicant is RUSSELL ANDREW WALLAR proposing to rebuild an existing dock with a five-foot extension. The project is located at 95 Rocky Point Road, Lakeport and further described as APN 029-252-01. Environmental Evaluation: Mitigated Negative Declaration based on Initial Study (IS 19-01). Peggy Barthel
Public Hearing
Staff memo
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study (IS19-01) prepared by the Planning Division and the mitigation measures and conditions of approval which have been added to the project, that the Lakebed Encroachment Permit as applied for by Russell Andrew Wallar will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the findings listed in the staff report dated April 29, 2019.
Lakebed Encroachment Permit Approval
I move that the Planning Commission find that the Lakebed Encroachment Permit applied for by Russell Andrew Wallar on property located at 95 Rocky Point Road, Lakeport does meet the requirements of the Clear Lake Shoreline Ordinance; that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project; and that the Lakebed Encroachment Permit be granted subject to the conditions and with the findings listed in the staff report dated April 29, 2019.
NOTE: The applicant or any interested person is reminded that the Clear Lake Shoreline 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Peggy Barthel, Associate Resource Planner
DATE: April 29, 2019
SUBJECT: Wallar Lakebed Encroachment Permit
CEQA Initial Study IS19-01
Supervisorial District 4
ATTACHMENTS: 1. Site Map
2. Agency Comments
3. Memorandum from David Cowan, Water Resources Director
4. Initial Study IS19-01
5. Recommended Conditions of Approval
EXECUTIVE SUMMARY:
Russell Andrew Waller requests a Lakebed Encroachment Permit to rebuild and relocate an existing structure to meet setback requirements. The project will remove 14 wood pilings; and drive 15-17 metal pilings.
The project complies with the Clear Lake Shoreline Ordinance, as detailed on the following pages. The project complies with the Zoning Ordinance.
Initially the project was thought to be eligible for CEQA Categorical Exemption. However, upon a site visit and comments from California Department of Fish & Wildlife, it was determined that an Initial Study was required for the project to proceed.
Staff recommends that the Planning Commission adopt a mitigated negative declaration based on Initial Study IS19-01, and approve the Lakebed Encroachment Permit.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study (IS19-01) prepared by the Planning Division and the mitigation measures and conditions of approval which have been added to the project, that the Lakebed Encroachment Permit as applied for by Russell Andrew Wallar will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the findings listed in the staff report dated April 29, 2019.
Lakebed Encroachment Permit Approval
I move that the Planning Commission find that the Lakebed Encroachment Permit applied for by Russell Andrew Wallar on property located at 95 Rocky Point Road, Lakeport does meet the requirements of the Clear Lake Shoreline Ordinance; that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project; and that the Lakebed Encroachment Permit be granted subject to the conditions and with the findings listed in the staff report dated April 29, 2019.
NOTE: The applicant or any interested person is reminded that the Clear Lake Shoreline 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.
7.Non-Timed Items
8.Department Update
9.Adjournment