Planning Commission — Thursday, December 14, 2017

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: November 14, 2017 SUBJECT: Betat Parcel Map; PM 16-05, IS 16-23; Supervisorial District 3 ATTACHMENTS: 1. Agency Comments 2. Vicinity Map 3. Proposed Tentative Map Conditions 4. Proposed Tentative Parcel Map 5. Initial Study IS 16-23 Project Summary: Division of a ?1.4 acre parcel to create two parcels. Parcel 1, the northern parcel, would be 0.86 acres in net area. Parcel 2, the lake-fronting southern parcel, would be 0.47 acres in net area. The applicant is dedicating 0.13 acres for Lakeshore Boulevard right-of-way. Staff recommends approval. RECOMMENDED ACTION: Staff recommends that the Planning Commission: A. Adopt a mitigated negative declaration for PM 16-05 with the following findings: 1. Potential environmental impacts related to land use and aesthetics have been mitigated to insignificant levels by use permit conditions section A. 1. Potential environmental impacts to land use and planning have been mitigated to insignificant levels by use permit conditions section E. 2. Potential environmental impacts to population and housing have been mitigated to insignificant levels by use permit conditions section E. 3. This project is consistent with land uses in the vicinity and in the Commercial Resort CR zone. 4. This project is consistent with the Lake County General Plan, Zoning Ordinance and Subdivision Ordinance. 5. This proposal is consistent with the State Subdivision Map Act. 6. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve PM 16-05 subject to the Conditions listed in Attachment #3 and with the following findings: 1. This project is consistent with the Lake County General Plan, Zoning Ordinance and the Subdivision Ordinance. 2. This project is consistent with the State Subdivision Map Act. 3. As mitigated this project will not result in any significant adverse environmental impacts and a negative declaration has been adopted. Sample Motions: A. Mitigated Negative Declaration I move that the Planning Commission find that on the basis of the Initial Study No. 16-23 prepared by the Planning Division the parcel map as applied for by David Betat on property located at 3387 East Highway 20, Nice, CA, 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 November 14, 2017. B. Tentative Parcel Map Approval I move that the Planning Commission find that the tentative parcel map applied for by David Betat on property located at 3387 East Highway 20, Nice, CA 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 with the findings listed in the staff report dated November 14, 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: Mireya G. Turner, Associate Planner DATE: November 9, 2017 SUBJECT: Deviation (DV 17-01) from the Lake County Subdivision Ordinance road design standards for Tentative Parcel Map (PM 09-02; DV 09-03); APN 002-025-15, 12209 Elk Mountain Road, Upper Lake, Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Tentative Parcel Map 3. Version of Tentative Parcel Map showing contours 4. Tentative Parcel Map Conditions 5. Agency Comments 6. Civil drawings of Mahoney Drive, as proposed 7. Proposed modified conditions PROJECT SUMMARY Tentative Parcel Map, PM 09-02 was approved June 28, 2012. It will expire on June 28, 2018. Condition B2 was added that required that engineered plans be prepared to demonstrate that Mahoney Drive could be constructed to minor road standards, which is a requirement of the Lake County Subdivision Ordinance. . Its purpose is to ensure the ability of fire protection services to access the parcel in the event of an emergency. The applicant, Rodney Barnes, has requested a deviation from this condition in the tentative parcel map, due to the excessive slopes in the parcel. Both the North Shore Fire Protection District and CALFIRE staff have reviewed the project and concur that the deviation request is reasonable. Condition B1 is included that requires a 50 foot wide right-of-way dedicated from the end of Mahoney Drive to the parcel 2 boundary. This condition will remain unchanged. Additionally, Condition B3 which requires turnarounds at each residence, a minimum 10 foot traffic lane and unobstructed vertical clearance of 15 feet along the entire length of the access roads to all residences, turnouts no more than 400 feet apart and addressing at the access point will remain unchanged. RECOMMENDED ACTION: Staff recommends the Planning Commission take the following actions: A. Find that the previously approved mitigated negative declaration (IS 09-37) meets the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings: 1. There has been no change in the project which would create new significant environmental impacts. 2. There are no new significant environmental effects or substantial increases in the severity of previously identified effects which would require major revisions to the previous negative declaration. 3. No new information of substantial importance to the project has become available that would have any significant effects not discussed in the previous negative declaration. B. Approve (DV 17-01) requesting a deviation from minor road standards of the minimum 150' centerline radii and maximum 16% grade, with the following findings: 1. This deviation will not constitute a special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. There are special circumstances applicable to the property due to the configuration and topography of the project. The strict application of the subdivision ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity. 3. Under the circumstances of this particular case, the granting of this deviation would carry out the spirit and intent of the subdivision ordinance. Sample Motion: Reconsideration of a Previously Approved Mitigated Negative Declaration I move that the Planning Commission find that the Mitigated Negative Declaration based on IS 09-37 which was previously prepared for PM 09-02 meets the requirements of Section 15162(a) of the CEQA Guidelines, and therefore find that no additional environmental review need be prepared with the findings listed in the Staff Report dated November 9, 2017. Deviation Approval I move that the Planning Commission find that the Deviation (DV 17-01) applied for by Rodney Barnes, on property located at 12209 Elk Mountain Road, Upper Lake, does meet the requirements of Section 17-31 of the Lake County Subdivision Ordinance, and grants the deviation to modify Condition B2 with the findings in the staff report dated November 9, 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: 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: Staff recommends the Planning Commission take the following actions: A. Find the previously approved negative declaration (IS 15-12) meets the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings: 1. There has been no change in the project which would create new significant environmental impacts. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts. B. Approve DV 16-01 for Parcel Map 15-03 as modified by staff with the following findings: 1. This deviation will not result in the grant of a special privilege inconsistent with the limitations on other properties in the vicinity. 2. There are no traffic safety impacts associated with this deviation request. 3. This project will not result in any significant adverse environmental impacts. Sample Motion: 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: Mireya G. Turner, Associate Planner DATE: December 14, 2017 SUBJECT: Minor Modification (MMM 16-04) of Garnhart Parcel Map; PM 15-15; Supervisorial District 1 ATTACHMENTS: 1. Vicinity Maps 2. Initial Study (IS 17-26) 3. Approved Conditions for PM 15-15 4. Proposed Modified Tentative Map Conditions 5. Proposed Modified Tentative Parcel Map PROJECT SUMMARY The previously approved tentative parcel map subdivided two parcels totaling �.74 acres which were created by the Original Town Map of Middletown in 1878 and Walter's Addition to Middletown in 1891, to create three parcels at �0.21, �0.19 and �.34 acres respectively. The parcels contained a total of three dwellings and various accessory structures which were all destroyed in the Valley Fire last September. The applicant requests a modification of this tentative parcel map to now subdivide a single �0.44 acre (�19,252 sq. ft) parcel into two �0.22 acre (�9641 sq. ft. and �9611sq. ft.) parcels. The second parcel from the original tentative parcel map has been removed from this project description. Staff recommends approval of the modification to the tentative parcel map. RECOMMENDED ACTION: Staff recommends the Planning Commission approve the project, with the following findings: A. Adopt a negative declaration for a Minor Modification (MMM 16-04) for Parcel Map (PM 15-15) with the following findings: 1. No potential environmental impacts were identified. 2. This project is consistent with land uses in the vicinity. 3. This project is consistent with the Subdivision Map Act and Chapter 17 of the Lake County Code, with the incorporated conditions of approval. 4. This project will not result in any significant adverse environmental impacts. B. Approve Minor Modification (MMM 16-04) to Parcel Map (PM 15-15) with the following findings: 1. This project is consistent with the Lake County General Plan, Zoning Ordinance, Subdivision Ordinance, and the Middletown Area Plan. 2 This project is consistent with the State Subdivision Map Act. 3. This project will not result in any significant adverse environmental impacts and a negative declaration has been adopted. Sample Motions: Negative Declaration I move that the Planning Commission find that on the basis of the Initial Study IS 17-26 prepared by the Planning Division that the minor modification to Tentative Parcel PM 15-15, MMM 16-04 as applied for by Linda Garnhart will not have a significant effect on the environment and therefore a negative declaration shall be issued with the findings in the staff report dated December 14, 2017. Modified Tentative Parcel Map Approval I move that the Planning Commission find that the Minor Modification (MMM 16-04) to Tentative Parcel Map (PM 15-15) applied for by Linda Garnhart on property located at 15657 Armstrong Street, Middletown, 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 December 14, 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: Peggy Barthel, Assistant Resource Planner DATE: November 30, 2017 SUBJECT: Randall Lewis Lakebed Encroachment Permit CEQA Initial Study IS17-32 Supervisorial District 5 ATTACHMENTS: 1. Site Map 2. Agency Comments 3. Memorandum from Philip Moy, Water Resources Director 4. Initial Study IS17-32 5. Recommended Conditions of Approval Project Summary: Piers, gangways, a swim platform, and a boat lift with 10 pilings. RECOMMENDED ACTION: Staff recommends the Planning Commission approve the project with the following findings: A. Adopt a mitigated negative declaration based on Initial Study 17-32 for a Lakebed Encroachment Permit with the following findings: 1. Potential environmental impacts related to biological resources have been mitigated to insignificant levels by use permit condition Section C. 2. Potential environmental impacts related to timing and monitoring have been mitigated to insignificant levels by use permit conditions Section F. 3. This project is consistent with land uses in the vicinity. 4. This project is consistent with the Clear Lake Shoreline Ordinance with the incorporated mitigations and conditions of approval. 5. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve Lakebed Encroachment Permit with the following findings: 1. The proposed use, operation, alteration, construction, or activity will not cause significant harm to: (A) The water quality of the lake, including but not limited to its clarity, temperature, color, taste and odor. (B) The nearshore and foreshore. (C) The land underlying the lake. (D) Fish and other aquatic forms of life, their habitats, their breeding and spawning grounds. (E) The natural beauty of the area. (F) Navigation, safety, or health. (G) The long-term preservation of the project site in its natural condition. (H) Archeological or historical resources of state-wide significance. (I) The wetlands. 2. The proposed use, operation, alteration, construction, or activity will: (A) Be in furtherance of general statewide interest. (B) Not be inconsistent with the public rights of commerce, navigation, fishery, recreation, and preservation of the project site in its natural state. (C) Not result in substantial interference with public use of the lake's navigable waters. (D) Be supported by sufficient accessory uses to accommodate the proposed construction or use. (E) Not violate any other provision of law. (F) Not be incompatible with existing nearshore and foreshore uses or structures on or in the immediate vicinity of the littoral parcel. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study (IS17-32) prepared by the Planning Division and the mitigation measures and conditions of approval which have been added to the project, that the Lakebed Encroachment Permit as applied for by Randall Lewis 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 November 30, 2017. Lakebed Encroachment Permit Approval I move that the Planning Commission find that the Lakebed Encroachment Permit applied for by Randall Lewis on property located at 2055 Westlake Drive, Kelseyville does meet the requirements of the Clear Lake Shoreline Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Lakebed Encroachment Permit be granted subject to the conditions and with the findings listed in the staff report dated November 30, 2017. NOTE: The applicant or any interested person is reminded that the Clear Lake Shoreline 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: September 27, 2017 SUBJECT: Major Use Permit, UP 16-10, Initial Study, IS 16-26 ATTACHMENTS: 1. Vicinity Map 2. Site Plan & Architectural Plans 3. Initial Study, IS 16-26 4. Agency Comments 5. Public Concerns & Comments 6. Proposed Major Use Permit Conditions PROJECT SUMMARY: The applicant is requesting approval of a Major Use Permit, UP 16-10 to construct a sixty-five (65) foot tall mono-pine tree foliage wireless communication facility. The proposed mono pine tree foliage would have nine (9) panel antennas, two - six (6) foot microwave dishes and ancillary equipment. The proposed facility would be contained within a leased area approximately 875 SQ FT (25'X 35') with a six (6) foot chain link fence. The proposed facility would be accessible from a proposed twenty (20) foot wide gated non-inclusive utility easement off of Little Peak Road. RECOMMENDED ACTION: Staff recommends the Planning Commission approve the project with the following findings: A. Adopt a Mitigated Negative Declaration for Major Use Permit, UP 16-10 with the following findings: 1. Potential environmental impacts related to Aesthetics have been mitigated to insignificant levels by major use permit conditions of approval Section B. 2. Potential environmental impacts related to Air Quality have been mitigated to insignificant levels by major use permit conditions of approval Section C. 3. Potential environmental impacts related to Biological Resources have been mitigated to insignificant levels by major use permit conditions of approval Section D. 4. Potential environmental impacts related to Cultural Resources have been mitigated to insignificant levels by major use permit conditions of approval Section E 5. Potential environmental impacts related to Geology & Soils have been mitigated to insignificant levels by major use permit conditions of approval Section F. 6. Potential environmental impacts related to Hazards & Hazardous Materials have been mitigated to insignificant levels by major use permit conditions of approval Section G. 7. Potential environmental impacts related to Hydrology & Water Quality have been mitigated to insignificant levels by major use permit conditions of approval Section H. 8. Potential environmental impacts related to Noise have been mitigated to insignificant levels by major use permit conditions of approval Section I. 9. Potential environmental impacts related to Land Use Planning have been mitigated to insignificant levels by major use permit conditions of approval Section J. 10. Potential environmental impacts related to Public Services have been mitigated to insignificant levels by major use permit conditions of approval Section K 11. Potential environmental impacts related to Transportation & Traffic have been mitigated to insignificant levels by major use permit conditions of approval Section L. 12. Potential environmental impacts related to Utilities & Service Systems have been mitigated to insignificant levels by major use permit conditions of approval Section E. 13. Potential environmental impacts related to Timing & Mitigation Monitoring have been mitigated to insignificant levels by major use permit conditions of approval Section M. 14. This project is consistent with land uses in the vicinity. 15. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, Middletown Area Plan and Lake County Zoning Ordinance. 16. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve Major Use Permit, UP 16-10 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. C. Approve the Wireless Communication Facility with the following findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. SAMPLE MOTIONS: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study No. 16-26 prepared by the Planning Division and the mitigation measures which have been added to the project, that the use permit as applied for by Verizon Wireless - Epic Wireless Group 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 September 27, 2017. Use Permit Approval I move that the Planning Commission find that the Major Use Permit, (UP 16-10) applied for by Verizon Wireless - Epic Wireless Group on property located at 15447 Spruce Grove Road 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 September 27, 2017. Wireless Communication Facility Approval I move that the Planning Commission find that the Wireless Communication facility applied for by Verizon Wireless - Epic Wireless Group on property located at 15447 Spruce Grove Road 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 Use Permit be granted subject to the conditions and with the findings listed in the staff report dated September 27, 2017. 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: 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.