Planning Commission — Thursday, April 12, 2018
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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 January 25, 2018, Planning Commission Meeting.
Action Item
5.Public Input
6.Timed Items - Public Hearings
6a.9:05 a.m. Public Hearing on consideration of a Lakebed Encroachment Permit based on Initial Study (IS 17-30). The project applicant is MICHAEL MC CLISTER proposing construction of a 20-foot pier, ramp and a 12’ x 20’ electric suspended platform with eight metal pilings. The project is located at 11651 Konocti Vista Drive, Lower Lake and further described as APN 043-041-20. Environmental Evaluation: Negative Declaration (Peggy Barthel)
Public Hearing
Staff memo
PROJECT SUMMARY:
The project applicant proposes construction of a 20-foot pier, a ramp, and a 12' x 20' electric suspended platform with eight metal pilings.
RECOMMENDED ACTION:
Sample Motions:
Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study (IS17-30) prepared by the Planning Division, that the Lakebed Encroachment Permit as applied for by Michael McClister will not have a significant effect on the environment and therefore a Negative Declaration shall be issued with the findings listed in the staff report dated March 30, 2018.
Lakebed Encroachment Permit Approval
I move that the Planning Commission find that the Lakebed Encroachment Permit applied for by Michael McClister on property located at 11651 Konocti Vista Drive, Lower Lake does meet the requirements of the Clear Lake Shoreline Ordinance and that the Planning Commission has reviewed and considered the Negative Declaration which was adopted for this project and the Lakebed Encroachment Permit be granted subject to the conditions and with the findings listed in the staff report March 30, 2018.
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: Robert Massarelli, Community Development Director
Prepared by: Peggy Barthel, Assistant Resource Planner
DATE: March 30, 2018
SUBJECT: McClister Lakebed Encroachment Permit CEQA Initial Study IS17-30
Supervisorial District 5
ATTACHMENTS:
1. Site Map
2. Agency Comments
3. Memorandum from Philip Moy, Water Resources Director
4. Initial Study IS17-30
5. Recommended Conditions of Approval
PROJECT SUMMARY:
The project applicant proposes construction of a 20-foot pier, a ramp, and a 12' x 20' electric suspended platform with eight metal pilings.
RECOMMENDED ACTION:
Sample Motions:
Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study (IS17-30) prepared by the Planning Division, that the Lakebed Encroachment Permit as applied for by Michael McClister will not have a significant effect on the environment and therefore a Negative Declaration shall be issued with the findings listed in the staff report dated March 30, 2018.
Lakebed Encroachment Permit Approval
I move that the Planning Commission find that the Lakebed Encroachment Permit applied for by Michael McClister on property located at 11651 Konocti Vista Drive, Lower Lake does meet the requirements of the Clear Lake Shoreline Ordinance and that the Planning Commission has reviewed and considered the Negative Declaration which was adopted for this project and the Lakebed Encroachment Permit be granted subject to the conditions and with the findings listed in the staff report March 30, 2018.
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
6b.9:10 a.m. Public Hearing on consideration of a General Plan Conformity Report (GPC 18-01). The project applicant is LAKE COUNTY PUBLIC SERVICES proposing to rebuild the Parks Maintenance Facility, destroyed in the Clayton Fire. The project is located at 9950 Lake Street, Lower Lake and further described as APN 024-161-19. Environmental Evaluation: Categorical Exemption (Michalyn DelValle)
Public Hearing
Staff memo
ATTACHMENTS: 1. Vicinity Map
2. Application page 1
3. Site Plan
SUMMARY:
The Lake County Public Services Department is requesting to rebuild the Parks Maintenance Facility that was destroyed in the Clayton Fire. Staff recommends the Planning Commission find this project is in conformance with the General Plan.
RECOMMENDED ACTION:
Categorical Exemption Approval
A. I move that the Planning Commission find this Parks Maintenance Facility rebuild is exempt from CEQA because it falls within Categorical Exemption Class 2.
General Plan Conformity Report
B. I move that the Planning Commission report that the rebuild of the Parks Maintenance Facility as proposed by Lake County Public Services is in conformity with the Lake County General Plan.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Robert Massarelli, Community Development Director
By: Michalyn DelValle, Principal Planner
DATE: March 27, 2018
SUBJECT: Lake County Public Services General Plan of Conformity
GPC 18-01; CE 18-18
Supervisorial District 1
ATTACHMENTS: 1. Vicinity Map
2. Application page 1
3. Site Plan
SUMMARY:
The Lake County Public Services Department is requesting to rebuild the Parks Maintenance Facility that was destroyed in the Clayton Fire. Staff recommends the Planning Commission find this project is in conformance with the General Plan.
RECOMMENDED ACTION:
Categorical Exemption Approval
A. I move that the Planning Commission find this Parks Maintenance Facility rebuild is exempt from CEQA because it falls within Categorical Exemption Class 2.
General Plan Conformity Report
B. I move that the Planning Commission report that the rebuild of the Parks Maintenance Facility as proposed by Lake County Public Services is in conformity with the Lake County General Plan.
6c.9:15 a.m. Public Hearing to CLARIFY THE PRIOR DECISIONS made on this project at the January 25, 2018, Planning Commission Hearing on Deviation (DV 16-01) for Tentative Parcel Map (PM 15-03) based on Initial Study (IS 15-12). The project applicant is PATRICK SMYTHE who proposed a deviation from specific requirements of the County of Lake’s Subdivision Ordinance and modification of conditions for Tentative Parcel Map (PM 15-03). The project is located at 19658 and 19697 East Road, Lower Lake and further described as APNs 012-049-07 and 012-049-10. Environmental Evaluation: Subsequent Mitigated Negative Declaration. (Michalyn DelValle)
Public Hearing
Staff memo
ATTACHMENTS: A. Staff Report, November 5, 2017
B. Planning Commission Minutes, January 25, 2018
C. Green Sheets and Applicant Comments
SUMMARY:
The applicant requested a deviation from the Lake County Subdivision Ordinance to allow a reduction in road standards, a deviation from road dedication requirements, and modifications to several conditions. The item was heard before your Commission on December 14, 2017 and was continued to January 25, 2018. A lengthy discussion was made on the item and motions were made on January 25, 2018. The motions that were made on the project are unclear. Staff listened to electronic recordings in order to prepare the Planning Commission minutes and the following motions were made and then a correction of the motion(s) was made. It is unclear if the correction was meant for one or both motions.
Commissioner Malley moved, 2nd by Commissioner Suenram that the Negative Declaration which was previously prepared for Parcel Map PM 15-03 does not 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 November 5, 2017.
4 ayes, 0 noes, 1 absent (Commissioner Crandell)
Commissioner Malley moved, 2nd by Commissioner Levesque that the deviation applied for by Patrick Smythe, and as modified, on property located at 19697 and 19568 East Road, Lower Lake does meet the requirements of Section 17-31 of the Lake County Subdivision Ordinance and therefore the deviation is approved as modified by staff subject to the conditions in Attachment 8 and with the findings listed in the staff report dated November 5, 2017.
4 ayes, 0 noes, 1 absent (Commissioner Crandell)
Staff would like to receive clarification on the motions that were made by the Planning Commissioners.
RECOMMENDED ACTION:
Staff recommends the Planning Commission take the following actions:
A. Find the previously approved negative declaration (IS 15-12) does meet the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings:
1. There has been no change in the project which would create new significant environmental impacts.
2. There has been no substantial change in circumstances resulting in new significant environmental impacts.
B. Approve DV 16-01 for Parcel Map 15-03 as modified by staff with the following findings:
1. This deviation will not result in the grant of a special privilege inconsistent with the limitations on other properties in the vicinity.
2. There are no traffic safety impacts associated with this deviation request.
3. This project will not result in any significant adverse environmental impacts.
Sample Motion:
Subsequent Negative Declaration
I move that the Negative Declaration which was previously prepared for Parcel Map PM 15-03 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 March 27, 2018.
Deviation Approval
I move that the deviation applied for by Patrick Smythe, and as modified, on property located at 19697 and 19658 East Road, Lower Lake does meet the requirements of Section 17-31 of the Lake County Subdivision Ordinance and therefore the deviation is approved with the findings listed in the staff report dated March 27, 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 seventh calendar day following the Commission's final determination.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Robert Massarelli, Community Development Director
Prepared by: Michalyn DelValle, Principal Planner
DATE: March 27, 2018
SUBJECT: Smythe Deviation, DV 16-01
Parcel Map, PM 15-03, Initial Study, IS 15-12
Supervisorial District: 1
ATTACHMENTS: A. Staff Report, November 5, 2017
B. Planning Commission Minutes, January 25, 2018
C. Green Sheets and Applicant Comments
SUMMARY:
The applicant requested a deviation from the Lake County Subdivision Ordinance to allow a reduction in road standards, a deviation from road dedication requirements, and modifications to several conditions. The item was heard before your Commission on December 14, 2017 and was continued to January 25, 2018. A lengthy discussion was made on the item and motions were made on January 25, 2018. The motions that were made on the project are unclear. Staff listened to electronic recordings in order to prepare the Planning Commission minutes and the following motions were made and then a correction of the motion(s) was made. It is unclear if the correction was meant for one or both motions.
Commissioner Malley moved, 2nd by Commissioner Suenram that the Negative Declaration which was previously prepared for Parcel Map PM 15-03 does not 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 November 5, 2017.
4 ayes, 0 noes, 1 absent (Commissioner Crandell)
Commissioner Malley moved, 2nd by Commissioner Levesque that the deviation applied for by Patrick Smythe, and as modified, on property located at 19697 and 19568 East Road, Lower Lake does meet the requirements of Section 17-31 of the Lake County Subdivision Ordinance and therefore the deviation is approved as modified by staff subject to the conditions in Attachment 8 and with the findings listed in the staff report dated November 5, 2017.
4 ayes, 0 noes, 1 absent (Commissioner Crandell)
Staff would like to receive clarification on the motions that were made by the Planning Commissioners.
RECOMMENDED ACTION:
Staff recommends the Planning Commission take the following actions:
A. Find the previously approved negative declaration (IS 15-12) does meet the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings:
1. There has been no change in the project which would create new significant environmental impacts.
2. There has been no substantial change in circumstances resulting in new significant environmental impacts.
B. Approve DV 16-01 for Parcel Map 15-03 as modified by staff with the following findings:
1. This deviation will not result in the grant of a special privilege inconsistent with the limitations on other properties in the vicinity.
2. There are no traffic safety impacts associated with this deviation request.
3. This project will not result in any significant adverse environmental impacts.
Sample Motion:
Subsequent Negative Declaration
I move that the Negative Declaration which was previously prepared for Parcel Map PM 15-03 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 March 27, 2018.
Deviation Approval
I move that the deviation applied for by Patrick Smythe, and as modified, on property located at 19697 and 19658 East Road, Lower Lake does meet the requirements of Section 17-31 of the Lake County Subdivision Ordinance and therefore the deviation is approved with the findings listed in the staff report dated March 27, 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 seventh calendar day following the Commission's final determination.
6d.9:20 a.m. Public Hearing on consideration of proposed ordinance amending Article 27 of Chapter 21 of the Lake County Code to regulate the manufacturing, distribution and testing of Cannabis (AM 18-02). Environmental Evaluation: Statutorily Exempt (Mireya Turner)
Public Hearing
7.Non-Timed Items
8.Department Update
9.Adjournment