Planning Commission — Thursday, February 22, 2018

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director Prepared by: Mireya G. Turner, Associate Planner DATE: January 23, 2018 SUBJECT: Minor Modification (MMM 16-02) and Parcel Map Extension (PMX 16-02) of Lawson Parcel Map (PM 06-10) (CE 18-06); Supervisorial District 5 ATTACHMENTS: 1. Vicinity Maps 2. Approved Conditions for PM 06-10 3. Proposed Modified Tentative Map Conditions 4. Proposed Modified Tentative Parcel Map 5. Agency comments PROJECT BACKGROUND AND SUMMARY Mr. Lawson's tentative parcel map was approved by the Planning Commission on February 8, 2007, with an expiration date two years after approval. It was automatically extended through a number of state laws, extending the tentative map to February 8, 2018. A timely Parcel Map Extension application was received. The previously approved tentative parcel map subdivided a single �29.03 acre parcel into four parcels, between �5.4 and �8.46 acres. The modification requested will start with the �29.03 acre parcel and result in two parcels, �5.40 and �23.75 acres respectively. Additionally, Mr. Lawson requests a 3-year extension to satisfy the conditions and record a final parcel map. Staff recommends approval of the three-year time extension and minor modification to the Parcel Map. RECOMMENDED ACTION: Sample Motions: Categorical Exemption I move that the Planning Commission find this Minor Modification (MMM 16-02) to Tentative Parcel Map (PM 06-10) is exempt from CEQA because it falls within Categorical Exemption Class 4 for Minor Alterations to Land, with the findings listed in the staff report dated January 23, 2018. Modification to Tentative Parcel Map Approval I move that the Planning Commission find that the Minor Modification (MMM 16-02) to Tentative Parcel Map (PM 06-10) applied for by Steve Bellah on behalf of Dennis Lawson on property located at 4945 Cole Creek Road, Kelseyville, is in conformity with the provisions of the Subdivision Map Act and Chapter 17 of the Lake County Code and upon that basis, approve said map subject to the conditions and the findings in the staff report dated January 23, 2018. Tentative Parcel Map Time Extension I move that the Planning Commission approve an extension of time for Tentative Parcel Map (PM 06-10) for a period of three years, amending the expiration date to February 8, 2021, with the findings listed in the staff report dated January 23, 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: Robert Massarelli, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: January 17, 2018 SUBJECT: Clearlake Estates Subdivision Map Extension SDX 17-12, SD 04-01 and IS 04-05, Supervisorial District 5 ATTACHMENTS: 1. Vicinity Map 2. Subdivision 04-01 Conditions 3. Tentative Map 4. Initial Study 04-05 SUMMARY AND DISCUSSION On January 27, 2005, the Planning Commission approved a tentative subdivision map for the division of approximately 55 acres to create 12 residential lots and one remainder parcel. The approval included measures to mitigate environmental impacts related to steep topography, seismic hazards and extreme fire hazard. A series of state initiated extensions provided automatic extensions to this tentative subdivision map for the next nine years, expiring on January 13, 2018. The applicant submitted a request for extension of the project on December 13, 2017. The project went through agency review and it was determined that the original approval decision was consistent with the applicable governing ordinances, as well as the original approval standards and criteria from 2005. The subject site is located within the Riviera Area Plan, and is immediately adjacent to (but outside) the Clearlake Riviera within the Area Plan. With the adoption of the Riviera Area Plan on January 9, 2007, the property changed zoning from R1-B3 (Low Density Residential with a 40,000 square foot lot minimum) and 'U' (Undetermined) zoning to Rural Lands and Rural Residential zoning. The General Plan designation changed from Suburban Residential to Rural Lands and Rural Residential. The entire property is greater than 20% slope, and most of it is greater than 30% slope. Some of the lots are no longer in conformance with the Lake County Zoning Ordinance and Lake County General Plan due to the Riviera Area Plan. Staff recommends that the Planning Commission recommend approval of the three-year time extension to the Board of Supervisors. RECOMMENDED ACTION: Sample Motions: A. Reconsideration of previous Mitigated Negative Declaration: I move that the Planning Commission find that on the basis of the Initial Study IS 04-05 that a tentative subdivision map applied for by Mitch Thurston representing the Clearlake Estates LLC will not have a significant effect on the environment and therefore, a mitigated negative declaration shall be issued with the findings listed, and the conditions contained within the staff report dated January 17, 2018. B. Subdivision Map Time Extension I move that the Planning Commission recommend that the Board of Supervisors approve an extension of time for SD 04-01 for a period of three (3) years to January 27, 2021, with the findings listed in the staff report dated January 17, 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: Robert Massarelli, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: January 12, 2018 SUBJECT: Gross Parcel Map; PM 16-04, IS 16-21; Supervisorial District 3 ATTACHMENTS: 1. Agency Comments 2. Vicinity Map 3. Proposed Tentative Map Conditions 4. Proposed Tentative Parcel Map 5. Initial Study IS 16-21 Project Summary: Division of a ? 21.86 acre parcel to create two parcels. Parcel 1, the eastern parcel, would be 14.77 acres in gross area. Parcel 2, the western parcel, would be 7.09 acres in gross area. Staff recommends approval. RECOMMENDED ACTION: Sample Motions: A. Mitigated Negative Declaration I move that the Planning Commission find that on the basis of the Initial Study No. 16-21 prepared by the Planning Division the parcel map as applied for by Patricia and Kevin Gross, and the mitigation measures which have been added to the project, will not have a significant effect on the environment, and, therefore, a mitigated negative declaration shall be issued with the findings listed in the staff report dated January 12, 2018. B. Tentative Parcel Map Approval I move that the Planning Commission find that the tentative parcel map PM 16-04 applied for by Patricia and Kevin Gross on property located at 10945 Bachelor Valley Road, Witter Springs CA is in conformity with the provisions of the Lake County General Plan, the Subdivision Map Act, and Chapter 17 of the Lake County Code and, upon that basis, approve said map subject to the conditions and with the findings listed in the staff report dated January 12, 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: Robert Massarelli, Community Development Director Prepared by: Mark Roberts, Associate Planner DATE: January 29, 2018 SUBJECT: Major Use Permit, UP 17-07, Initial Study, IS 17-18 District Supervisor 4 ATTACHMENTS: 1. Vicinity Map 2. Application Packet 3. Site Plan & Architectural Plans 4. Photo Simulations 5. Initial Study, IS 17-18 6. Agency Concerns & Comments 7. Proposed Major Use Permit Conditions Project Summary: The project site is located on Highland Springs Road, near the Bell Hill Road intersection, approximately three (3) miles southwest from State Highway 29. The proposed antenna would offer cell and radio coverage to residents and emergency personnel in the area. The applicant is requesting approval of a Major Use Permit (UP 17-07) to construct a 100 foot tall unmanned self-supporting lattice telecommunication tower. The tower would consist of eight (8) panel antennas, and fourteen (14) remote radio heads/units, a 499 gallon propane tank, a 35 kilowatt emergency backup generator and 11.5' X 12' pre-manufactured equipment shed. The proposed use would be contained within a leased area approximately 1,500 square feet (30' X 50') in size and would be fenced in with a seven (7) foot chain link fence with anti-climbing barriers. The project parcel is accessible from a proposed twenty (20) foot wide easement off of Highland Springs Road. The proposed road (approximately 700 feet in length) would be paved ten (10) feet wide with five (5) feet of gravel on either side. Trenching (approximately 700 feet) would be required to install the utility lines underground. Soil will be removed, placed next to the trench, and replaced in the same footprint upon completion. Grading associated with the access road and foundation pad will be limited; and no soil will be imported or exported to/from the site. Construction duration is anticipated to be between approximately 45 and 60 days (with the highest intensity only lasting three days) and is anticipated to begin in quarter one of 2018. RECOMMENDED ACTION: SAMPLE MOTIONS: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study No. 17-18 prepared by the Planning Division and the mitigation measures which have been added to the project, that the use permit as applied for by AT&T Mobility, LLC will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the findings listed in the staff report dated January 29, 2018. Use Permit Approval I move that the Planning Commission find that the Major Use Permit, UP 17-07 applied for by AT&T Mobility, LLC located at 6755 Highland Springs Road, Lakeport does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Use Permit be granted subject to the conditions and with the findings listed in the staff report dated January 29, 2018. Wireless Communication Facility Approval I move that the Planning Commission find that the Wireless Communication facility applied for by AT&T Mobility, LLC located at 6755 Highland Springs Road, Lakeport does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated January 29, 2018. NOTE: The 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, 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: Robert Massarelli, Community Development Director Prepared by: Mark Roberts, Associate Planner ' DATE: January 29, 2018 SUBJECT: Major Use Permit, UP 17-08, Initial Study, IS 17-19 District Supervisor 1 ATTACHMENTS: 1. Vicinity Map 2. Application Packet 3. Site Plan & Architectural Plans 4. Photo Simulations 5. Initial Study, IS 17-19 6. Agency Concerns & Comments 7. Public Concerns & Comments 8. Proposed Major Use Permit Conditions Project Summary: The site is currently developed with vineyards, residential structures, and other disturbed areas, including a dirt/gravel access road that connects to Spruce grove Road. The applicant is requesting approval of a Major Use Permit (UP 17-08) to construct an unmanned one-hundred and ten (110) foot tall green mono-pine tower top with foliage within a leased area approximately 900 (30' X 30') square feet in size. The mono-pine tower would consist of nine (9) panel antennas and nineteen (19) remote radio heads/units. There would also be 11'5" X 12' equipment shed with a backup generator and a 499 gallon propane tank within the proposed leased area. The proposed area would be fenced with a six (6) foot high chain link fence with a twelve (12) foot wide access gate. Please see attached site plans for specific details. The proposed facility would be accessible from an existing 12- foot wide private road, owned by Wild Diamond Vineyard, LLC, off of Spruce Grove Road (a County-maintained road). The road will be improved (graveled or paved) to thirty (30) feet in width which exceeds the County's minimum requirement of twenty (20) feet in width. An Environmental Impact Report (EIR) was prepared for the Wild Diamond Vineyards Project for construction of a tasting room and interpretive center, expansion of vineyards (80 acres), and access road improvements [SCH No.201602284l; June (Draft) and September (Final) 2016], which encompassed the entire project site and access road. Information from the EIR is incorporated into this Initial Study, as applicable. RECOMMENDED ACTION: SAMPLE MOTIONS: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study No. 17-19 prepared by the Planning Division and the mitigation measures which have been added to the project, that the use permit as applied for by AT&T Mobility, LLC will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the findings listed in the staff report dated January 29, 2018. Use Permit Approval I move that the Planning Commission find that the Major Use Permit, UP 17-08 applied for by AT&T Mobility, LLC located at 15087 Spruce Grove Road, Middletown does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Use Permit be granted subject to the conditions and with the findings listed in the staff report dated January 29, 2018. Wireless Communication Facility Approval I move that the Planning Commission find that the Wireless Communication facility applied for by AT&T Mobility, LLC located at 15087 Spruce Grove Road, Middletown does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated January 29, 2018. NOTE: The 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, 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: Robert Massarelli, Community Development Director DATE: February 16, 2018 SUBJECT: Major Use Permit for Specific Plan of Development, UP 07-05 EXECUTIVE SUMMARY: 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 10. 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 __________________________________.