Planning Commission — Thursday, September 27, 2018

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn Delvalle, Community Development Director Prepared by: Mireya G. Turner, Associate Planner DATE: September 4, 2018 SUBJECT: Deviation (DV 17-08) and Subdivision Extension (SDX 18-01) Requests for Cobb Vista Subdivision Unit No. 1; SD 16-01; IS 14-11 Supervisorial District 1 ATTACHMENTS: 1. Vicinity Maps 2. Minutes of the July 28, 2016 Planning Commission meeting 3. Tentative Subdivision Map SD 16-01 Conditions 4. Agency Comments 5. Applicant's request for deviation EXECUTIVE SUMMARY: Subdivision (SD 16-01) was due to expire on July 28, 2018. Mr. Fanucchi applied for a Tentative Subdivision Map Extension in a timely manner, requesting an additional two years. Pursuant to the Subdivision Map Act, the Planning Commission has the authority to extend a tentative subdivision map for up to six years. This is Mr. Fanucchi's first extension request. Staff recommends approval of the tentative subdivision map extension for an additional two years. Mr. Fanucchi also requests the removal of Condition D2, requiring curb, gutter and sidewalk, from the approved Tentative Subdivision Map project. This condition was added to the conditions when the Planning Commission approved the tentative map on July 28, 2016. The Department of Public Works - Roads Division does not support the request, and staff recommends denial. RECOMMENDED ACTION: Sample Motions: Reconsideration of a previous Mitigated Negative Declaration I move that the Planning Commission recommend that the Board of Supervisors find that the Mitigated Negative Declaration, previously prepared for SD 14-01 and later applied to SD 16-01 and based on Initial Study IS 14-11 for the property located at 15385 Stonefield Court, Middletown, does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that no additional environmental review need be prepared with the findings listed in the staff report dated September 4, 2018 Subdivision Map Time Extension I move that the Planning Commission recommend that the Board of Supervisors approve Subdivision Map Extension (SDX 18-01) for Tentative Subdivision Map (SD 16-01) for Damon Fanucchi located at 15385 Stonefield Court, Middletown for a period of two years to July 28, 2020, with the findings listed in the staff report dated September 4, 2018. Deviation I move that the Planning Commission recommend the Board of Supervisors deny the Deviation applied for by Damon Fanucchi on property located at 15385 Stonefield Court, Middletown, and further described as APN 014-111-21, as it does not meet the requirements of Section 17-31.2 of the Lake County Code, with the findings listed in the staff report dated September 4, 2018. NOTE: The applicant or any interested person is reminded that the Subdivision Ordinance provides for a fifteen (15) 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 fifteenth calendar day following the Commission's final determination.

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Mark Roberts, Associate Planner DATE: August 28, 2018 SUBJECT: Request for "Productive Life of the Project" Extension of Time (UPX 17-02) for Use Permit 87-34 (formally Use Permit, UP 87-15), known as Bear Canyon Creek; Categorical Exemption, CE 18-51. District 1 Supervisor ATTACHMENTS: 1. Vicinity Map 2. Project Description 3. UPX 17-02 Agency Comments 4. Staff Report Dated April 23, 1987 5. Applicants letter to Lake County Air Quality Management Dist. (dated October 22, 2015). 6. Existing Conditions of Approval for Use Permit, UP 87-34 7. Proposed Modified and/or added Conditions of Approval EXECUTIVE SUMMARY: The Geysers Power Company is requesting "Productive Life of the Project" for Use Permit, UP 87-34 (formally Use Permit, UP 87-15). There will be no changes in the operation and/or expansion of the authorized use. However, all power generating activities associated with the Bear Canyon Creek Geothermal Power Plant have ceased operation since March 10, 2015 as indicated in a letter to the Lake County Air Quality Management District dated October 22, 2015 (Refer to Attachment 5). The steam fields associated with the Geothermal Power Plant have remained in use. The applicant shall continue to be in full compliance with all previously approved Conditions of Approval in Use Permit, UP 87-34, including the amended and/or added Conditions. Staff Recommends approval of Use Permit Extension, UPX 17-02. RECOMMENDED ACTION: Categorical Exemption I move that the Planning Commission find that the Use Permit Extension, UPX 17-02 applied by Geysers Power Company, LLC on property located at 20055 and 20500 Foard Road and State Highway 175; Middletown, CA 95461, further described as APNs: 013-058-24, 013-058-23, 013-011-35, is exempt from CEQA because it falls within Categorical Exemption Class 1, based on the findings set forth in the Staff Report dated August 28, 2018. Use Permit Extension I move that the Planning Commission find that the Use Permit Extension, UPX 17-02 applied by Geysers Power Company, LLC. on property located at 20055 and 20500 Foard Road and State Highway 175; Middletown, CA 95461, further described as APNs: 013-058-24, 013-058-23, 013-011-35does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption, CE 18-51 which was adopted for this project and the Use Permit Extension, UPX 17-02 be granted subject to the conditions and with the findings listed in the Staff Report dated August 28, 2018. 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

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: August 30, 2018 SUBJECT: Barnes Parcel Map Extension of Time (PMX 18-03) Tentative Parcel Map PM 09-02, Initial Study IS 09-37, Deviation DV 09-03 Supervisorial District 3 ATTACHMENTS: 1. Vicinity Map 2. Approved Tentative Map Conditions 3. Approved Tentative Parcel Map EXECUTIVE SUMMARY: The applicant is requesting an extension of time in order to complete the necessary improvement requirements of their tentative Parcel Map (PM 09-02) in order to file the final map. Staff recommends approval of a three-year time extension. On November 3, 2009, the applicant applied for a Tentative Parcel Map to divide a 216+ acre parcel into two parcels, with Parcel 1 being 116.3 acres and Parcel 2 being 100 acres. The file was determined to be incomplete, and became inactive until 2014. Parcel Map PM 09-02 and Deviation DV 09-03 were approved with conditions by the Planning Commission on June 28, 2014. On April 17, 2017, the applicant applied for a deviation (DV 17-01) to County road standards regarding slope of grade, and turning radii on Elk Mountain Road. The deviation was granted by the Planning Commission on December 14, 2017. This extended the approval date to June 28, 2018 based on the original approval date. To date, no extensions have been granted to this land division, and none have been needed due to state extensions being granted due to the economy. The Lake County Subdivision Ordinance allows up to three years of extensions on land divisions, however the California Subdivision Map Act allows up to six years of extensions for land divisions. RECOMMENDED ACTION: SAMPLE MOTION: Reconsideration of previous Mitigated Negative Declaration: I move that the Mitigated Negative Declaration (IS 09-37), which was previously prepared for applicant / owner George Barnes for Parcel Map (PM 09-02) on a property located at 1375 Mahoney Drive, Upper Lake, does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that an additional environmental review is not necessary with the findings listed in the staff report dated August 30, 2018. Parcel Map Time Extension I move that the Planning Commission approve an extension of time for applicant / owner George Barnes for Parcel Map (PM 09-02) on a property located at 1375 Mahoney Drive, Upper Lake, for a period of three years to September 27, 2021, with the findings listed in the staff report dated August 30, 2018. Deviation Extension I move that the Planning Commission approve an extension of time for applicant / owner George Barnes for the Deviation (DV 17-01) on a property located at 1375 Mahoney Drive, Upper Lake, for a period of three years to September 27, 2021, with the findings listed in the staff report dated August 30, 2018. NOTE: The applicant or any interested person is reminded that the subdivision ordinance provides for a fifteen (15) 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 fifteenth calendar day following the Commission's final determination.

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director DATE: September 5, 2018 SUBJECT: Resolution of Intent and Ordinance Amendment, AM 18-03 to Amend Chapter 21 of the Lake County Zoning Ordinance to allow a restaurant up to 750 square feet accessory to a permitted tasting room in the "APZ," "A," "RL," "RR," and "SR" Districts; allow a restaurant exceeding 750 square feet in size accessory to permitted tasting room subject to obtaining a Major Use Permit in the "APZ," "A," "RL," "RR" and "SR" Districts; allow a reduction of the Minimum Residential Construction Standards in the "R1" District from a minimum dwelling size of 720 square feet to 360 square feet, a minimum width reduction from 15 feet to 12 feet and a minimum eave reduction from 12 inch to 6 inch; establish a permit process to allow Emergency Temporary Dwellings after a catastrophic or natural disaster; modify the Collectors Permit conditions to allow a two car garage accessory to a permitted dwelling; allow a reduction in the Minimum Residential Construction Standards of the "MH" Mobile Home Combining District from a minimum dwelling size of 560 square feet to 360 square feet. ATTACHMENT: A. Existing County Code sections of Chapter 21 with amendments B. Proposed Resolution of Intent C. Proposed Ordinance EXECUTIVE SUMMARY: On August 14, 2018, staff received direction from the Board of Supervisors to move forward with the following amendments to Chapter 21 of the Lake County Code pertaining to allowing restaurants accessory to a permitted tasting room, a reduction of the Minimum Residential Construction Standards in the "R1" district, establishment of a permit process to allow Emergency Temporary Dwellings, modification of the Collectors Permit conditions, and a reduction in the Minimum Residential Construction Standards of the "MH" Mobile Home Combining District. RECOMMENDED ACTION: Resolution of Intent I offer the Resolution of Intent to amend Chapter 21 of the Lake County Zoning Ordinance. Sample Motions: Categorical Exemption I move that the Planning Commission find this Zoning Ordinance text amendment (AM 18-03) is exempt from CEQA Guidelines pursuant to �15061(b)(3). Zoning Ordinance Text Amendment Approval I move that the Planning Commission recommend that the Board of Supervisors approve the proposed Zoning Ordinance text amendment (AM 18-03) applied for by the County of Lake for the reasons listed in the staff report dated September 5, 2018.