Planning Commission — Thursday, January 4, 2018

..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 PROJECT SUMMARY: Project Summary: The applicant is requesting approval of a Major Use Permit and a tentative map. The project consists of the following: � Planned residential development of approximately 380 detached senior (fifty-five years or older) only, single family lots with a minimum of approximately 6,000 square feet lot sizes. Including creating more than three parcels within the Floodway-Fringe Combining District requiring approval of a Major Use Permit. � Development of five "village commercial" parcels, which are proposed to provide a wide range of goods and services to meet the needs of the Valley Oaks residents, that encompass approximately 31 acres of the project site, including 105,000 to 120,000 square feet of retail space that possibly includes a grocery store, drug and general merchandise store, and other retail uses; and 85,000 to 110,000 square feet of commercial uses that tentatively include a movie theater, motel, and general office uses. The village commercial area would also include a 49-bed senior care/assisted living facility. A portion of the commercial development could include a mixed use component consisting of commercial and residential, typically commercial on the first floor with residential located above the commercial use. � A three acre medium density senior residential parcel having a density of up to approximately fifteen units per acre. � A two and one-half acre multi-family senior residential parcel for the development of a residential care and/or an assisted living facility. � Proposed recreational and open space improvements include a 19.82-acre linear park, a 3.26-acre centrally located active recreation park, a 0.5-acre open space park, and a 5.31-acre frontage trail and park area along Highway 29. Prior Projects: GPAP 06-02, RZ 04-23 & GPD 06-01 and EIR Additionally, the project is proposed to be built in at least six phases. Location: 18196 and 18426 South State Highway 29, Middletown APN: 014-260-36 and 014-260-51 Parcel Size: 103+- and 47+- acres General Plan Land Use: Low Density Residential, High Density Residential, Community Commercial, and Resource Conservation Zoning: Open Space-Floodway Fringe-Floodway-Scenic Combing-Waterway Planned Development Residential-Floodway Fringe-Floodway-Scenic Combing Planned Development Commercial-Floodway Fringe-Floodway-Scenic Combining Flood Zones: X, AO, AE and AE Floodway 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: 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.