Planning Commission — Thursday, May 24, 2018

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Interim Community Development Director Prepared By: Mark Roberts, Associate Planner DATE: April 25, 2018 SUBJECT: Request for "Productive Life of the Project" Extension of Time, UPX 18-01 for Use Permit 87-41, known as West Ford Flat. Categorical Exemption, CE 18-10; Supervisor District 1 ATTACHMENTS: 1. Vicinity Map. 2. Project Description 3. Agency Comments 4. Existing Minor Modifications, MMU 15-02 & 15-03 Conditions 5. Existing Use Permit, 87-41 Conditions 6. Conditions for Use Permit, UP 87-41 with Amendments. EXECUTIVE SUMMARY: The Geysers Power Company is requesting Productive Life of the Project for Use Permit, UP 87-41, which includes Minor Modification, MMU 15-02 and 15-03. There will be no changes in the operation and/or expansion of the authorized use. The applicant shall continue to be in compliance with all previously approved Conditions of Approval in Use Permit, UP 87-41, and Minor Modification, MMU 15-02 & MMU 15-03 and the proposed and/or Modified Conditions of Approval. Background and Previous Actions: On April 25, 1987 a Use Permit, UP 87-41 permitted a Geothermal Power Plant and Steam-Fields. On April 10, 2015 a Minor Modification, MMU 15-02 & 15-03 permitted a new steam pipeline between existing steam fields known as West Ford Flat and Calistoga. Staff recommends approval of the Use Permit Time Extension Request. RECOMMENDED ACTION: I. SAMPLE MOTIONS Categorical Exemption I move that the Planning Commission find that the Use Permit Extension, UPX 18-01 applied by Geysers Power Company, LLC on property located at 9010 Socrates Mine Road; 18850, 18715, 18610, 18660, 18751 Ford Flat Road in Middletown, CA 95461, further described as APNs: 013-004-15, 013-005-07, 013-005-15, 013-005- 46, 013-005- 47, 013-005- 48, 013-005- 49 and 013-005- 50 is exempt from CEQA because it falls within Categorical Exemption Class 1, based on the findings set forth in the Staff Report dated April 25, 2018. Use Permit Extension I move that the Planning Commission find that the Use Permit Extension, UPX 18-01 applied by Geysers Power Company, LLC. on property located at 9010 Socrates Mine Road; 18850, 18715, 18610, 18660, 18751 Ford Flat Road in Middletown, CA 95461, further described as APNs: 013-004-15, 013-005-07, 013-005-15, 013-005- 46, 013-005- 47, 013-005- 48, 013-005- 49 and 013-005- 50 does 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 18-10 which was adopted for this project and the Use Permit Extension, UPX 18-01 be granted subject to the conditions and with the findings listed in the Staff Report dated April 25, 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, Interim Community Development Director Prepared by: Eric Porter, Associate Planner DATE: April 10, 2018 SUBJECT: Administrative Appeal, AA 17-03 of the Denial of a Zoning Clearance Permit. Supervisor District 1. ATTACHMENTS: 1. Vicinity Map 2. Appeal form submitted by applicant with attachments 3. Aerial photo 4. Letter of Denial to the Appellant dated October 18, 2017 Site Plan and Elevations for the denied Garage EXECUTIVE SUMMARY: The Appellant owns three properties in Middletown that are adjacent to one another and are identified in this report as lots 40, 45 and 46 of the Anderson Springs Subdivision, Tract One. Two properties were merged by the dwelling crossing the property line and are combined in one APN (lots 40 and 45, APN no. 050-404-38), addressed as 11703 Rose Anderson Road. The third property contained a garage that was legally constructed in 1977 according to County permit records, which was destroyed in the Valley Fire. The property that had contained the garage was never merged with the other two lots. On October 12, 2017, the applicant applied for a building permit to replace the garage. On October 18, 2017, County staff sent a letter to the applicant indicating that the zoning clearance could not be approved because it would establish the garage as the primary use on the vacant lot. A garage is not allowed as a primary use according to the Lake County Zoning Ordinance, and the appellant has refused to merge APN 050-404-37 (lot 46) with APN 050-404-38 (lots 40 and 45). The Appellant is appealing the zoning clearance denial decision for the garage contained within the October 18, 2017 letter. The property owner, Richard Matchie, filed a timely appeal on October 20, 2017, three days after the denial letter was mailed by the County. Mark Mitchell, acting in behalf of the Matchies, submitted a written statement dated October 20, 2017 that expresses the time-frames and desires of the appellants to re-built to the same footprint that had been pre-existing for the past 40 years. Lake County has historically allowed legal non-conforming dwellings to be re-built in their original footprints in the event of a natural disaster with a minor use permit, however the Board of Supervisors did not specifically allow accessory structures that are non-conforming to be rebuilt in their original footprints, unlike non-conforming dwellings. RECOMMENDED ACTION: Sample Motion of Denial: I move that the Planning Commission deny the administrative appeal AA 17-03 of Richard Matchie with the findings listed in the staff report dated April 10, 2018. The appellant / applicant or any interested person is reminded that the Lake County Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission decision, 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 on this appeal.

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Interim Community Development Director Prepared by: Eric Porter, Associate Planner DATE: April 11, 2018 SUBJECT: Velloo Minor Use Permit MUP 18-04; Design Review DR 18-01; Cat. Ex. 18-14, Supervisorial District 1. APN 024-491-07 ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Site Plan, Elevations of Sign, Statement of Compliance 4. Middletown Area Plan Design Guidelines EXECUTIVE SUMMARY: The subject site, located at 21026 Highway 29, Middletown, contains a Chevron gas station that was originally constructed in 1985. The applicant seeks to replace an existing gas price sign that requires manual changes to the gas prices to an 'electronic sign' that can change the prices remotely. Staff is recommending denial due to non-conformance with the Middletown Area Plan's Design Guidelines for signage, which prohibits electronic signs. The site is located in the C2-DR zoning district. The properties to the northeast and southwest are also zoned C2-DR and contain a small office (southwest) and a vacant lot (northeast). There is a small undeveloped lot zoned CR Resort Commercial to the south of the subject site that had contained a non-conforming single wide manufactured home that was destroyed in the Valley Fire. The property across Highway 29 is zoned O Open Space and contains the Middletown Elementary School. RECOMMENDED ACTION: SAMPLE MOTIONS: CEQA Exemption. I move that the Planning Commission find this minor use permit and design review application exempt from CEQA review because it falls within Categorical Exemption Class 2. Use Permit Denial. I move that the Planning Commission finds that the Minor Use Permit (MUP 18-04) applied for by Palani Velloo and Hank Lescher for an electronic gas pricing sign proposed to be located at 21026 Highway 29, Middletown CA does not meet the requirements of Lake County Zoning Ordinance Section 50.4 and therefore the Use Permit be denied with the findings listed in the staff report dated April 11, 2018. Design Review Denial: I move that the Planning Commission finds that the Design Review (DR 18-01) for an electronic gas pricing sign applied for by Palani Velloo and Hank Lescher on the property located at 21026 Highway 29, Middletown CA does not meet the requirements of Lake County Zoning Ordinance Section 54.5 and therefore the Design Review be denied with the findings listed in the staff report dated April 11, 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.