Planning Commission — Thursday, March 22, 2018

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director DATE: March 14, 2018 SUBJECT: Approval of resolution of intent to amend article 27 of the Zoning Ordinance ATTACHMENT: Resolution of Intent EXECUTIVE SUMMARY: The Lake County Zoning Ordinance is an "exclusionary" ordinance, i.e., if a use is not specifically allowed, it is prohibited. In regards to the State licensing of commercial cannabis, the State will not issue a state license if it is not allowed by local regulations. There is some question as to if the State will recognize an "exclusionary" ordinance. At this time the Zoning Ordinance does not address the manufacturing, distribution or testing of cannabis. To prevent the State from issuing commercial cannabis licenses in Lake County contrary to the intent of our ordinances, it is recommended that Article 27 be amended to provide for the permitting of cannabis manufacturing, distribution, and testing. The first step of this process is to adopt a resolution stating the intent to amended Article 27. RECOMMENDED ACTION: Approve resolution of intent to revise Article 27 to address the permitting of cannabis manufacturing, distribution, and testing.

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director DATE: November 3, 2017 SUBJECT: Major Use Permit, UP 07-05, Tentative Map, SD 06-01 FIGURES: 1. Development Process 2. Tentative Subdivision Map and Specific Plan of Development 3. Specific Plan of Development 4. Tentative Map, Sheet 1 5. Tentative Map, Sheet 4 6. Tentative Map, Sheet 5 7. Tentative Map, Sheet 6 8. Tentative Map, Sheet 7 9. Tentative Map, Sheet 8 10. Tentative Map, Sheet 9 11. Caltrans proposed acquisition at Highway 29 and Hartmann Road 12. Valley Oaks Area Aerial 13. General Plan 14. Zoning 15. Zoning as provided by the applicant 16. General Plan of Development 17. Soils 18. Floodplain 19. Dam Inundation Zone 20. Wildland Fire Hazard 21. Scenic Combining District 22. Applicant proposed phase 1 23. Existing Electrical Lines 24. Parks 1, 2, and 3 25. Highway 29 Interface 26. Park 4 27. Park 4 Original Proposal 28. Parks 5, 7, and 8 and EVA 29. Coyote Creek Linear Park Concept 30. Street Lighting 31. Propane Layout 32. Typical Street Section 33. Soils Map 34. Design Guidelines Examples 35. Complete Street Examples 36. North Carolina Complete Street Guidance 37. Applicant's Commercial Development Area Concept 38. Traffic Analysis Site Plan Draft EIR 39. Traffic Analysis Site Plan Final EIR 40. Traffic Analysis Site Plan 11-30-17 Revision ATTACHMENTS: 1. Approval of General Plan Amendment, rezoning, and General Plan of Development. 2. July 16, 2017 request for clarification #1 3. July 26, 2017 response to the request for clarification #1 4. July 28, 2017 request for clarification #2 5. August 15, 2017 response to the request for clarification #2 6. August 27, 2017 request for clarification #3 7. October 15, 2017 request for clarification regarding the tentative map 8. Agency comments from Office of Emergency Services dated 7/17/17 9. Agency comments from Public Services dated 7/17/17 10. Agency comments from Environmental Health dated 7/19/17 11. Agency comments from Lake County Air Quality Management District dated 8/28/17 EXECUTIVE SUMMARY: I. REVIEW OVERVIEW To assist the Planning Commission in their review of this project, a summary of the development process, the various permits involved and where this project is at within the development process is provided. This project is unique in that it is a planned development. Among other things, the intent and purpose of a planned development is: (a) To provide a means for encouraging creative and innovative developments that are environmentally pleasing through the application of imaginative land planning techniques not permitted within other residential zones with fixed standards; (b) To assure conformance of the project with the Lake County General Plan with respect to use, density, open space, circulation, public facilities, and the preservation of natural features. Figure 1 summarizes the development process. It can be viewed as a seven step procedure starting with the vision and ending with the occupancy of the project. The vision is articulated in the County's General Plan and various Area Plans. It is important to understand that the General Plan is the "constitution" when it comes to the development process and development permits are required to be consistent with the plan. The vision is then expanded into development standards. These standards are described in the Zoning Ordinance. This includes items such as lot size, setbacks, landscape requirements, environmental protection, and use standards. The Zoning Ordinance is not the only place development standards are found. This includes the Subdivision Regulations, Floodplain Management, Stormwater Management Ordinance, Grading Ordinance, and Health and Safety regulations. The next step is the concept. Often this step is addressed in a pre-application conference where someone brings in a rough sketch of what they want to do. For this project, it is a formal step where a general plan of development is considered and approved. The general plan of development established a general layout of uses and the density and intensity of those uses. The concept is then developed into a detail site plan. In the planned development process this is called the specific plan of development. The specific location, size, dimensions of street, utilities, buildings, and amenities are provided. Details as to architectural design, signage, street lighting, etc. is considered. In the Plan Development process, this step is the most critical step in that it establishes what improvements are to be provided in the project. It establishes the specific standards that the project is required to meet. In a planned development, to achieve creative and innovative approaches, it is necessary at this step to clearly articulate the standards. This project includes the subdivision of land thus a tentative map is part of the application. The purpose of the tentative map is to show the design of the proposed subdivision including the existing conditions in and around it. The tentative map needs to be consistent with the specific plan of development and the specific plan of development must be consistent with the approved General Plan of Development. The detail of the specific plan of development and the tentative map are critical because they establish the basis for the engineering and/or architectural design, the next step in the process. RECOMMENDED ACTION: Amendments to Final Environmental Impact Report dated October, 2104 I move that the Planning Commission find 1) substantial changes as outlined in the Staff Report dated November 3, 2017 are proposed in the project which will require major revisions of the Final EIR dated October, 2014 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, (2) substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the Final EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified, and significant effects, and (3) new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Final EIR was certified as complete shows that the project will have one or more significant effects not discussed in the Final EIR and significant effects previously examined will be substantially more severe than shown in the Final EIR. The staff is directed to amend the Final EIR dated October, 2014 to address the substantial changes outlined in the staff report dated November 3, 2017 and others that may be identified during the amendment process and bring the amendment back to the Planning Commission for certification. Major Use Permit I move that the Planning Commission find that the application and supplemental information for the Major Use Permit UP 07-05 are insufficient and that the applicant is directed to revise the application to address the issues identified in the Staff Report dated November 3, 2017 and submit those revisions to the Community Development Department Staff for review. When the staff determines that the application is sufficient, the staff shall returning the application to the Planning Commission for consideration. Tentative Map I move that the Planning Commission find that the application and supplemental information for the Tentative Subdivision Map SD 06-01 are insufficient and that the applicant is directed to revise the application to address the issues identified in the Staff Report dated November 3, 2017 and submit those revisions to the Community Development Department Staff for review. When the staff determines that the application is sufficient, the staff shall returning the application to the Planning Commission for consideration.