Planning Commission — Thursday, March 8, 2018

..Title ..Body MEMORANDUM ADDENDUM TO STAFF REPORT DATED NOVEMBER 3, 2017 TO: Planning Commission FROM: Robert Massarelli, Community Development Director DATE: February 16, 2018 SUBJECT: Major Use Permit for Specific Plan of Development, UP 07-05 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. 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 specific plan of development is a detailed site plan of the development of the property. 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 Planned 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. The detail of the specific plan of development and the tentative map, previously approved, are critical because they establish the basis for the engineering and/or architectural design, the next step in the process. RECOMMENDATIONS: The Planning Commission has the following options: A. Based of substantial evidence in the light of the whole record, the Planning Commission finds that 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 previous EIR was certified as complete or the negative declaration was adopted, shows the project will have one or more significant effects not discussed in the previous EIR or negative declaration, therefore an addendum to the EIR is required. The addendum shall consider the following significant effects: 1. The identification of a new water supply well located on the property and improvements to the water system that were not evaluated previously. 2. The significant effects of the mining of fill at an off-site location and the transportation of that fill to the project. 3. Previously unknown information regarding the amount of fill that will be brought to the site and the subsequent loss of floodplain storage and the significant effect of that loss on floodplain elevations and impact on properties adjacent to the floodplain. 4. Previously unknown information regarding the amount of fill that will be brought to the site and the subsequent loss of storage within the Valley Oaks Lake dam inundation zone and the significant effect of that loss on dam inundation zone elevations and impact on properties adjacent to the zone and the impact on evacuation routes within the project, on Highway 29, and on Hartmann Road. 5. The realignment of Oak Meadow Drive to the adjacent commercial property and the foreseeable significant effects of the development of that property. 6. The requested amendments by the applicant regarding mitigation measures MM 4.4.2, MM 4.4.4a, MM 4.4.4b, MM 4.4.4c, MM 4.4.9. 7. The inconsistencies within the Final EIR regarding the intensity of commercial development and the amount approved with the General Plan of Development which was not considered in the Final EIR. 8. The changes to the project design and the significant effect on traffic including, but not limited to, mitigation measure 4.13.1 and impact 4.13.2 9. Mitigation measure 4.8.7 needs to be amended to reflect the Lake County Public Works requirement that the travel lands are not to be flooded. B. Adopt a subsequent EIR with the following findings: 1. The project will not have significant effects not discussed in the previous EIR. 2. Substantial changes are not proposed which will require major revisions. 3. The mitigation measures are found to be feasible. C. Approve the Use Permit for the Specific Plan of Development with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. D. Deny the Use Permit for the Specific Plan of Development with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or is detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is not adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are not reasonably adequate to safely accommodate the specific proposed use. 4. That there is not adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is not in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. E. Continue the item to a time and date certain The staff is developing a recommended set of conditions for the Commission to consider. RECOMMENDED ACTION: SAMPLE MOTIONS: AMEND THE 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. SUBSEQUENT ENVIRONMENTAL IMPACT I move that the EIR which was previously prepared for Kimco Development 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 February 16, 2018. APPROVAL OF USE PERMIT FOR THE SPECIFIC PLAN OF DEVELOPMENT I move that the Planning Commission find that the Use Permit for the Specific Plan of Development applied for Kimco Development on property located at 18196 and 18426 South State Highway 29, Middletown does meet the requirements of Sections 13.41(e) and 51.4 of the Lake County Zoning Ordinance approve said Use Permit for the Specific Plan of Development subject to the conditions and findings listed in the staff report dated February 16, 2018. DENIAL OF USE PERMIT FOR THE SPECIFIC PLAN OF DEVELOPMENT I move that the Planning Commission find that the Use Permit for the Specific Plan of Development applied for Kimco Development on property located at 18196 and 18426 South State Highway 29, Middletown does not meet the requirements of Sections 13.41(e) and 51.4 of the Lake County Zoning Ordinance disapprove said Use Permit for the Specific Plan of Development with the findings listed in the staff report dated February 16, 2018. CONITINUE THE USE PERMIT FOR THE SPECIFIC PLAN OF DEVELOPMENT I move that the Planning Commission continue the Use Permit for the Specific Plan of Development applied for Kimco Development on property located at 18196 and 18426 South State Highway 29, Middletown until __________________________________.