Planning Commission — Thursday, January 25, 2018

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director Prepared by: Keith Gronendyke, Associate Planner DATE: November 05, 2017 SUBJECT: Deviation, DV 16-01 Supervisorial District: 1 ATTACHMENTS: 1. Approved parcel map (PM 15-03) 2. Vicinity map 3. Applicant's deviation request 4. Applicant's East Road Gate Agreement 5. Document: Declaration Creating Roadway Easements 6. Minor Road Standard ADT <400 Diagram 7. Planning Commission Minutes, May 12, 2016 8. Proposed Parcel Map Conditions 9. Existing Parcel Map Conditions I. PROJECT SUMMARY The applicant is requesting the granting of a deviation from the requirement of the County of Lake's Subdivision Ordinance to improve an existing road to minor road standards. A Minor Road standard requires the road to be widened to twenty feet wide. East Road is approximately twelve feet wide. Additionally, the applicant is requesting a deviation from the dedication requirement. RECOMMENDED ACTION: 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 November 5, 2017. 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 as modified by staff subject to the conditions in Attachment 8 and with the findings listed in the staff report dated November 5, 2017. 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: December 28, 2017 SUBJECT: Commercial Wholesale Nursery (Diener Properties, LLC) Minor Use Permit, MUP 16-29 Initial Study, IS 17-13 ATTACHMENTS: 1. Vicinity Map 2. Project Description Packet 3. Initial Study, IS 17-13 4. Agency Comments 5. Public Comments/Concerns 6. Proposed Minor Use Permit Conditions PROJECT SUMMARY: The applicant is requesting approval of a Minor Use Permit to allow a wholesale nursery with the ability to produce starter plants. The proposal includes the installation of an accessory building/greenhouse approximately 40 ft. x 60 ft. (2,400 square feet) in size and the installation of a new power pole with a 400 amp transformer which would then connect to the existing power line. The new power pole and 400 amp services would require approximately a 300-500 foot long trench to be dug from the existing power pole to the new power pole and to the germination room. The property is currently developed with a Single-Family Residence approximately 2,318 square feet in size with an attached garage approximately 576 square feet in size. The project parcel also has a 100 square foot pump house and a 720 square foot granny unit. The Granny Unit was previously converted into a storage room. The applicant would be converting the storage room into a supporting accessory structure, known as the "Germination Room" for the proposed use. The structure would be used to house equipment, fertilizers and the starter plants. The new starter plants would be incubated within the germination room prior to being transferred to the designated outdoor grow area or the green house. Once the plants have reached market height (approximately 8-12 inches), they would be packaged and shipped out for delivery. All incoming and outgoing shipments would be conducted through a shipping company such as "Logistic Services". The applicant is anticipating approximately four (4) offsite deliveries per month and potentially several onsite deliveries per week. The applicant has indicated that small delivery vehicles would only be permitted, such as a sprinter vans and large delivery vehicles and/or freighters would be prohibited. If there is a need for a large delivery vehicle, the applicant would coordinate with the delivery company to schedule an offsite appointment to transfer the material into a smaller delivery vehicle. The proposed use would operate seven (7) days a week and it would not be open to the general public. However, if someone wishes to tour the facility they may contact the applicant and schedule an appointment. Currently, the applicant is proposing up to five (5) employees, however the applicant has indicated they may need as much as ten (10) employees once the proposed use has become established. RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study, IS 17-13 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Minor Use Permit as applied for by Paul Bernacchio 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 December 28, 2017. Minor Use Permit Approval I move that the Planning Commission find that the Minor Use Permit, MUP 16-29 applied for by Paul Bernacchio on property located at 9959 Diener Drive, Kelseyville does meet the requirements of Section 50.4 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 Minor Use Permit be granted subject to the conditions and with the findings listed in the staff report dated December 28, 2017. 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: Robert Massarelli, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: January 2, 2018 SUBJECT: Wright Parcel Map Extension of Time (PMX 17-01) Tentative Parcel Map PM 05-08, Initial Study IS 05-21; Supervisorial District 5 ATTACHMENTS: 1. Vicinity Map 2. Approved Tentative Map Conditions 3. Approved Tentative Parcel Map I. SUMMARY AND BACKGROUND: The applicant is requesting an extension of time in order to complete the necessary improvement requirements of their tentative Parcel Map (PM 05-08), and file the final map. Staff recommends approval of a three-year time extension. On April 6, 2005, the applicant applied for a Tentative Parcel Map to divide a 30+ acre parcel into three parcels. The file remained inactive until November 8, 2013 when the applicant submitted a revised Parcel Map and re-started the review process. On February 26, 2015, the Planning Commission approved the tentative Parcel Map, PM 05-08 and IS 05-25. The tentative map approval was valid for a period of two years until February 26, 2017. On February 28, 2017 the applicant contacted County staff to discuss getting a tentative map extension. County staff advised the applicant to submit her extension on February 28, 2017, two days after the tentative map expired. On March 22, 2017, the applicant submitted a Parcel Map Extension application with the applicable fee to the County. The applicant indicated that she understood the written correspondence from County staff to mean that she had 60 days to submit an extension request for the late filing of the extension. On June 13, 2017, county staff sent a letter to the applicant indicating that the extension application could not be accepted as the Tentative Parcel Map had expired. The applicant appealed the extension denial. On October 26, 2017, the Planning Commission unanimously upheld the appeal, which allowed the applicant to file the untimely extension. This extension request is now before the Planning Commission. There has not been any development on this property that is inconsistent with the approved tentative map. Staff recommends that a three (3) year time extension be granted for the parcel map in order to complete the conditions necessary to record the final map. The Lake County Subdivision Ordinance allows the granting of extensions for a period or periods of time not to exceed a total of three years after the initial 2-year approval period. This is the applicant's first extension request. Staff recommends that the Parcel Map be extended until February 26, 2020. This will be the applicant's only remaining extension request. RECOMMENDED ACTION: Reconsideration of previous Mitigated Negative Declaration: I move that the Mitigated Negative Declaration, which was previously prepared for PM 05-08 does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that an additional environmental review is not necessary with the findings listed in the staff report dated January 2, 2018. Parcel Map Time Extension I move that the Planning Commission approve an extension of time for PM 05-08 for a period of three years to February 26, 2020, with the findings listed in the staff report dated January 2, 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 DATE: November 3, 2017 SUBJECT: Major Use Permit, UP 07-05, Tentative Map, SD 06- 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 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: XXVII. RECOMMENDATIONS: The Planning Commission has the following options: Tentative Map Deny Table to a date certain Approve with conditions Approve Specific Plan of Development Deny Table to a date certain Approve with conditions Approve Staff recommends the Planning Commission proceed with the following findings: 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. Find the Major Use Permit, UP 07-05 application and supporting materials are insufficient and require the applicant to provide additional information to the Community Development Department for review and when the Community Development Department determines that the information is adequate return to the Planning Commission for consideration. The additional information shall include but not limited to: 1. An updated dam inundation study including a map and proposed mitigation to reduce risk. 2. A revised Specific Plan of Development with supporting data and documentation. Said plan shall be a standalone package not incorporated into the Tentative Map. 3. Declaration of Conditions, Covenants, and Restrictions 4. Architectural and Design Criteria Manual which describes all the architectural and design criteria to be used in the Improvement Plan and the all other development of the project. 5. Revise all maps to include the proposed Caltrans acquisition and show that area with the proposed transportation facilities including sidewalks and bicycle paths, if any. 6. Address all requests for clarification related to the Specific Plan of Development as described in attachments 2, 4, 6, and 7. 7. The Specific Plan of Development shall be consistent with the Final EIR as amended, internally, and with the Tentative Map. C. Find the Tentative Subdivision Map application (SD 06-01) and supporting materials are insufficient and require the applicant to provide additional information to the Community Development Department and when the Community Development Department determines that the information is adequate return to the Planning Commission for consideration. The additional information shall include but not limited to: 1. An updated dam inundation study including a map and proposed mitigation to reduce risk. 2. A revised Tentative Map with supporting data and documentation. 3. Declaration of Conditions, Covenants, and Restrictions 4. Architectural and Design Criteria Manual which describes all the architectural and design criteria to be used in the Improvement Plan and the all other development of the project. 5. Revise all maps to include the proposed Caltrans acquisition and show that area with the proposed transportation facilities including sidewalks and bicycle paths, if any. 6. Address all requests for clarification related to the Tentative Plan as described in attachments 2, 4, 6, and 7. 7. The Tentative Map shall be consistent with the Final EIR as amended, internally, and with the Specific Plan of Development. SAMPLE MOTIONS: 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. 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.