Planning Commission — Thursday, May 11, 2017

..Title ..Body MEMORANDUM TO: Planning Commission - Item #1 FROM: Robert Massarelli, Community Development Director Prepared by: Peggy Barthel, Assistant Resource Planner DATE: April 27, 2017 SUBJECT: Clearlake Lava Batch Plant Use Permit, UP17-01 CEQA Initial Study IS17-01 Supervisorial District 1 ATTACHMENTS: 1. Project Description 2. Site Map 3. Initial Study IS17-01 4. Agency Comments 5. Recommended Use Permit Conditions of Approval EXECUTIVE SUMMARY: I. PROJECT DESCRIPTION Project Name: Clearlake Lava Batch Plant Project Application: Use Permit, Initial Study Applicant: Clearlake Lava, Inc. PO Box 1250, Clearlake Oaks, CA 95423 Project Summary: Clearlake Lava, Inc. proposes resumption of concrete batch plant operations (original UP00-21), septic tank manufacturing operations (original UP99-01), and bulk storage of aggregate materials and related activities; development of a stone products and building materials retail yard; and replacement of preexisting structures and improvements destroyed by the 2015 Valley Fire, including a caretaker's residence. A fly-ash silo would be added to the batch plant. Silos and hoppers would be fitted with bag filters to prevent escaping dust. The truck wash-out area would be lined with concrete; no wash-out will leave the area until it dries to a solid and is hauled away. Operation of the retail yard and batch plant would typically be 6:00 am to 6:00 pm daily; for batch plant projects requiring extended hours the Applicant would contact the Community Development Department for a temporary exception. In accordance with Article 22 of the Lake County Zoning Ordinance, a major use permit is required in the "M2" zoning district for "concrete or asphalt batch plants, rock crushing and stone product yards, sand and gravel plants." Location: 18875 South State Highway 29, Middletown, CA APN: 014-270-64 Zoning: "M2-DR-FF-SC" Heavy Industrial-Design Review-Floodway Fringe-Scenic Combining General Plan: Industrial Flood Zone: Flood Zone AE: this parcel is in an area of 100-year flood; base flood elevation and flood hazard factors determined. Parcel is mapped within the Floodway Fringe Combining District. Slope: Less than 10% slope II. ZONING ORDINANCE ARTICLE 55: APPLICATION 55.2 Information for application submittal (a) A site plan with all dimensions clearly indicated, and the following information as applicable: 1. North arrow and scale of drawing. Provided 2. Site address. Provided 3. Lot dimensions and boundaries; including the total area of property presented in square feet or acres. Provided 4. Location of all existing and proposed structures, with dimensions, including height. The plans for replacing the buildings destroyed in the 2015 Valley Fire have not been prepared at this time. Dimensions will be included in building permit application. 5. Distance from proposed structure(s) to property lines, centerline of the street or alley, and existing structures. Provided 6. Walls and fences: Their location, height, and construction materials. None proposed 7. Public right(s)-of-way: With street names, route numbers, width of right-of-way, and surfacing. The name, width, and surfacing of Borman Lane is not identified. Borman Lane is a frontage road; the property address is on Highway29. 8. Off-street parking: Location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern. Provided. See Section V - ZONING ORDINANCE ARTICLE 46 PARKING below for evaluation. 9. Access: Pedestrian, vehicular, service; and delineations of all points of ingress and egress. Provided. The surrounding area does not have sidewalks for pedestrian access, nor are they proposed on this project. 10. Signs: Location, size, height, and method of illumination. Review of sign plans shall take place during the building permit review process. 11. RESERVED. 12. Proposed street dedications and improvements. None proposed 13. All easements. No easements on the property 14. Location of well and/or septic field, or indication that the property is to be served by public water and/or sewer. The site is not served by public water or sewer. The locations of the existing well and septic system are indicated. 15. Landscape plans. Provided (b) Information needed to determine that the performance standards of Article 41 will be met. Provided (c) Any request for amendment to the performance standards of Article 41 shall be in writing with an explanation of why the standard(s) should be waived. None requested (d) All required fees shall be paid at the time of filing the application with the Planning Department, and no processing shall commence until the fee is paid. Paid (e) When filed by an agent, contract purchaser or lessee, the application shall include a written statement signed by the property owner(s) indicating his or her endorsement of the application. The application was signed by the property owner. (f) A signed statement by the applicant indicating whether the project is located on a site which is included on any of the lists relating to hazardous waste, provided to the County by the State Office of Planning and Research pursuant to Government Code Section 65962.5(f). The project area is not listed as a location of hazardous waste. (g) Additional information: 1. Any additional pertinent information required by the Planning Department from the "List specifying required data for development projects" of Section 55.5. 2. The applicant may be requested to provide more detailed information on a project as part of the application requirements, including but not limited to the following: Soils reports; drainage plans; geologic, hydrologic, or seismic investigations; archaeological reports; biological studies; flood hazard reports; market analysis; fiscal impact studies; noise studies; traffic and circulation studies or other pertinent studies of a technical nature which would assist the Planning Department in its evaluation of, or mitigation of, any potential adverse impacts. No additional information was required. III. ZONING ORDINANCE ARTICLE 22: REGULATIONS FOR THE HEAVY INDUSTRIAL OR "M2" DISTRICT 22.10 DEVELOPMENT STANDARDS 22.11 Minimum lot size: (c) Well and septic systems: 40,000 square feet Complies 22.12 Minimum average lot width: (a) Interior lots: One hundred (100) feet. Complies 22.13 Maximum length to width ratio: Three (3) to one (1). Complies 22.14 Maximum lot coverage: Seventy-five (75) percent Complies 22.15 Minimum yards (a) Front yard: Ten (10) feet from front line; or thirty-five (35) feet from the centerline of roadway, whichever is greater. Yards abutting streets are front yards. Complies (b) Rear yard: None; or thirty (30) feet from the lot line when contiguous to any residential district. Complies (c) Side yard: None; or thirty (30) from the lot line when contiguous to any residential district. Complies (d) Accessory structures: The above setbacks shall apply. Complies 22.16 Maximum height: Forty-five (45) feet. Complies 22.17 Parking: the following minimum parking requirements shall apply except as provided for in Article 46. (d) Other uses: As provided for in Article 46. See Section V - ZONING ORDINANCE ARTICLE 46: PARKING below for evaluation. 22.18 Signs: As provided in Article 45. See Section III - ZONING ORDINANCE ARTICLE 45: SIGNS below for evaluation. IV. ZONING ORDINANCE ARTICLE 34: SCENIC OR "SC" COMBINING DISTRICT Uses permitted in the "SC" Combining District are those uses permitted in the base zoning with a few exceptions. No "uses permitted" exceptions apply to this project. 34.11 Performance standards: The following performance standards shall apply to all land and structures in the "SC" district abutting a scenic highway or roadway as identified in the Lake County General Plan. The minimum standard shall be the development standards of the base zoning district, or the performance standards set forth in this Article, whichever is more restrictive. (b) For all other uses and districts not provided for in Subsection (a) above: 1. Minimum average lot width: i. Interior lot: One hundred (100) feet. ii. Corner lot: One hundred twenty (120) feet. Yards abutting streets are front yards. 2. Minimum yards: i. Front yard: Thirty (30) feet from lot line; or fifty-five (55) feet from centerline of roadway, whichever is greater. ii. Side yard: Fifteen (15) feet. 3. Use of yard areas: i. Driveways, sidewalks. ii. Parking and loading areas: In all districts, driveways, sidewalks, loading areas and parking areas shall be surfaced with either concrete, oil seal coat, or an approved asphaltic surface unless through the development review process adequate conditions can be implemented using an approved all weather surface for sensitive and recharge areas. iii. Outdoor storage: Outdoor storage shall not be allowed in any required front or side yard area and storage in any area shall be screened adequately from other properties. iv. Operations: No operations or repair work of a commercial or industrial nature shall be conducted outside of a completely enclosed building. v. Landscaping: Landscaping shall be required as a part of the development review in all developments other than single-family. 4. Maximum building height: i. Within sixty (60) feet or less of any front lot line: Twenty (20) feet. ii. Between sixty (60) feet to one hundred (100) feet of any front lot line: Twenty-five (25) feet. iii. Between one hundred feet (100) to one hundred twenty-five (125) feet of any front lot line: Thirty (30) feet. iv. Beyond one hundred twenty-five (125) feet of any front lot line: Thirty-five (35) feet. v. Accessory structures: Fifteen (15) feet. vi. Wind energy conversion systems (WECS): As provided for in Table A or by use permit in Table B. 5. Maximum lot coverage: i. All structures: Forty-five (45) percent. 6. Signs: As provided in Article 45 with the following exceptions: i. Signs shall conform to the maximum building height limits of this Article. ii. Information panels and category signs are permitted. iii. Appurtenant signs shall be non-illuminated; or illuminated only during hours of business or operation. 7. Parking: All parking area perimeters shall be landscaped and screened to a height of three (3) feet with landscaped berms or plantings. Complies (c) General standards: The following standards shall apply in all districts and to all uses with which the "SC" is combined: 1. Siting: Structures should be sited and where feasible, distribution lines undergrounded to minimize obstruction of views of significant natural features, such as Clear Lake, Blue Lakes, Lake Pillsbury, Boggs Lake, Anderson Marsh State Park, Cobb Mountain, Mt. St. Helena and Mt. Konocti. N/A 2. Alterations to natural or artificial land contours shall be limited as follows: i. No major ridgelines shall be altered unless approved by the Zoning Administrator or Planning Commission. ii. Access roads shall be located to keep grading to a minimum and dust shall be controlled at all times. iii. Any contour altered by grading shall be restored by means of land sculpturing and a cover of topsoil in such a manner as to minimize runoff and erosion, prevent ponding of water, and shall be planted with plant materials native or well adapted to the area, and approved by the Zoning Administrator or Planning Commission so as to require minimum care and be compatible with existing ground cover. iv. Alterations of stream beds or destruction of adjacent vegetation may be permitted only by approval of the Zoning Administrator or Planning Commission and only for protection of streambanks, reduction of erosion, elimination of traffic hazards or the preservation of the natural scenic quality of stream courses, vegetation, and wildlife habitat. No land contour alterations are proposed. 3. Utilities: i. All extensions or relocations of utility distribution and service lines shall be placed underground in accordance with the utility rules of the California Public Utilities Commission. The Planning Director may waive undergrounding when information is furnished to enable a finding that such undergrounding is unreasonable because of environmental impacts, terrain, soil conditions, geological problems, length of undergrounding or type of development; or unnecessary because of screening vegetation or topography. ii. The siting of transmission lines shall avoid interfering with the scenic views to the greatest extent possible, taking into account the design and size of transmission towers in the landscape. The utility companies shall coordinate in the planning stage with the Planning Department on the location or relocation of all transmission lines that would be less than one-half (1/2) mile from the Scenic combining district boundaries. All high voltage transmission towers, and lines 115 k.v. and above, proposed by a local agency shall require a major use permit. N/A V. ZONING ORDINANCE ARTICLE 36: FLOODWAY FRINGE OR "FF" COMBINING DISTRICT Within the "FF" combining district, no development shall take place except in accordance with the regulations of the base zoning district, with the regulations of this Article, and the regulations of Chapter 25, Floodplain Management. Where the "FF" imposes a greater restriction upon the use of buildings, structures or premises than are required by the base zoning district, the provisions of the "FF" district shall control. All uses shall be reviewed by the Director of the Lake County Flood Control and Water Conservation District for compliance with Chapter 25 prior to any development or issuance of any permit pursuant to this Code. Only those uses permitted in both the base zoning district and the "FF" combining district are permitted uses. (c) Floor level: All habitable floor levels shall have an elevation of three (3) feet above the water surface elevation of the one hundred (100) year flood as determined by the Federal Insurance Administration's Flood Insurance Study (FIS) for Lake County (1,334 n.g.v.d.), adopted October 17, 1978, as amended, except as provided for in Section 36.6(d). Review of floor level elevations shall take place during the building permit review process. VI. ZONING ORDINANCE ARTICLE 41: PERFORMANCE STANDARDS 41.3 Exceptions (a) Uses which are not in compliance with all applicable performance standards at the time of zoning clearance shall require a use permit. A Use Permit application has been submitted. (c) The performance standards contained in the following Subsections are the required minimum. They shall not be construed as preventing the Review Authority, as part of any discretionary approval, to require more restrictive standards as deemed necessary. 41.4 Air quality All uses shall comply with applicable local, state, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not limited to, emissions of suspended particulates, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes. The Lake County Air Quality Management District has issued the necessary permit for the uses proposed. 41.5 Electromagnetic interference Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. Complies 41.6 Erosion control The following erosion control standards shall apply to all development projects in commercial or industrial zoning districts: (a) The smallest practical area of land shall be exposed at any one time during development. Development will be limited to replacement of facilities destroyed in the 2015 Valley Fire. Very little ground disturbance is anticipated. (b) When land is exposed during development, the exposure shall be kept to the shortest practical period of time. See above. (c) Natural features such as trees, groves, natural terrain, waterways, and other similar resources shall be preserved where feasible. Most of the trees were destroyed in the 2015 Valley Fire. Trees that survived will not be removed. (d) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development. Development will be limited to replacement of facilities destroyed in the 2015 Valley Fire. Very little ground disturbance is anticipated. Temporary vegetation and/or mulching are not addressed in the site plan. (e) The permanent final vegetation and structures shall be installed as soon as practical in the development. See above. (f) Wherever feasible the development shall be fitted to the topography and soils to create the least erosion potential. Development will be limited to replacement of facilities destroyed in the 2015 Valley Fire. Very little ground disturbance is anticipated. No changes are anticipated to the topography of the site. (g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. See above. (h) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development where needed. See above. 41.7 Fire and explosion hazards All uses involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local, state and federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment. The use or storage of hazardous materials is not indicated in the project description. 41.8 Glare and heat (a) All exterior lighting accessory to any use shall be hooded, shielded or opaque. No unobstructed beam of light shall be directed beyond any exterior lot line. Buildings and structures under construction are exempt from this provision. Review of lighting plans shall take place during the building permit review process. (b) No use shall generate heat so that increased ambient air temperature or radiant heat is measurable at any exterior lot line. Complies 41.9 Landscaping standards (a) General: All undeveloped land areas shall be maintained in permanent vegetative cover, or alternatively be landscaped with a combination of materials to control runoff. All yards shall be landscaped such that there shall be no accumulation of silt, mud, or standing water causing unsightly or hazardous conditions, either within the yard or on adjacent properties, public roads, or sidewalks. Complies (b) Standards of uses permitted in the "R3", "PDR", "PDC", "CH", "CR", "C1", "C2", "C3", "M1", "M2", and "MP" districts: The following recommended landscaping standards shall be required unless an alternative landscaping plan is approved or waived by the Review Authority which meets the intent of this Article. 1. Minimum required landscaping per parcel: All development shall include an area or areas of the parcel for landscaping to serve as a visual screen and/or provide an increased aesthetic environment; except where street frontages are occupied by existing development. Complies 2. The front of the lot shall be landscaped with a minimum of a ten (10) foot wide planted area but not so as to obstruct traffic or reduce sight distance at any driveway or intersection, unless because of the location or design of existing development, or appropriate site planning would make adherence to this standard result in development inconsistent with the purposes of Subsection (b) 1 above, in which case, an alternative landscape plan may be approved by the Review Authority. The landscaping may be interrupted by building entrances or exits and driveways. Complies 3. When abutting any residential district side yard: N/A 4. When abutting any residential district rear yard: N/A 5. Where a parking lot contains ten (10) or more spaces and is visible from a street, not less than five (5) percent of the parking lot, excluding the area of the landscaped strip required by Subsection (b) 2 shall be landscaped. Such landscaping shall be distributed through the parking lot and shall not be concentrated in any one area. Landscaping shall be computed on the basis of the total amount of parking and driveways provided (except spaces provided for enclosed vehicle storage areas). N/A 6. For landscaping required for parking lots in Subsection (b) 5 above, protective measures including but not limited to concrete curbing, railroad ties, or decorative rock shall border all landscaped area. N/A 7. Existing or indigenous plant materials that meet the requirements of this section may be counted as contributing to the total landscaping required when located within the proposed use area. Complies 8. Minimum plant size: Unless otherwise specifically indicated elsewhere all plant materials shall meet the following minimum standards as indicated in Table 9.1: Table 9.1 Minimum plant size Plant material type Planting in areas abutting residential property or street All other plantings Canopy tree Single stem 1 1/2 inch caliper 1 1/2 inch caliper Multiple stem 10 feet (height) 6 feet (height) Understory tree 1 1/2 inch caliper 4 feet (height) Evergreen tree 5 feet (height) 3 feet (height) Shrubs Deciduous 5 gallon container 1 gallon container Evergreen 5 gallon container 1 gallon container (Note: plant sizes for indigenous species may be reduced upon approval of the Planning Director) The landscape plan proposes planting six 15-gallon Crepe Myrtle Trees, planted along the front 10 feet of the property, at 25 feet on center. VII. ZONING ORDINANCE ARTICLE 45: SIGNS 45.10 On-Site Signs 45.12 On-site regulations for signs in the Highway Commercial "CH", Commercial Resort "CR", Community Commercial "C2", and Service Commercial "C3", Planned Development Commercial "PDC", Commercial/Manufacturing "M1", Heavy Industrial "M2", and Industrial Park "MP" Districts: (a) The total area of signing shall not exceed one (1) square foot in area for each linear foot of street or occupancy and lake frontage, except that any commercial operation may have up to thirty-two (32) square feet of signing, regardless of street or lake frontage. Lake frontage shall be used only in calculating sign areas for lake-oriented signs. All signs may be illuminated. (b) For double-faced signs, the maximum area of any one face shall not exceed one hundred (100) square feet; however, only one face shall be counted as part of the total allowed sign area. For signs with more than two (2) parallel faces, all surfaces shall be included as part of the total sign area. (c) Where the face of a building is twenty (20) or more feet in height below the eave, the signing allowance for that frontage may be increased one (1) percent in area for each foot above the initial twenty (20) feet. (d) Signing may consist of any combination of one (1) free-standing sign per occupancy, plus any number of projecting signs, roof signs or wall signs. Corner lots and through lots may have one free-standing sign facing each frontage provided that the total allowable sign area is not exceeded. (e) Notwithstanding any other provision of this section, for each individual occupancy, the total area of signs shall not exceed four hundred (400) square feet in area. (f) A free-standing sign shall not exceed a height of twenty-five (25) feet at the front property line. This height may be increased to a maximum of thirty-five (35) feet by providing one (1) foot of setback for each additional foot in height. (g) One (1) portable sign may be permitted per parcel. Any permitted portable sign shall be limited to eight (8) square feet on any one face, provided overall sign area on the parcel is not exceeded. Portable signs shall be located outside of any right-of-way. Review of signage plans shall take place during the building permit review process. (h) In addition to the above requirements, a shopping center may have one (1) free-standing sign not to exceed twenty-five (25) feet in height or fifty (50) square feet in area on any one face. The total area of signs with more than one face shall not exceed one hundred (100) square feet in area. There shall be a common theme to the signing of a shopping center. The theme should include some identifiable common element or elements such as: dimension, construction material, color scheme, lighting or lettering style. All signs in the center shall be integral components of the common theme. Free-standing signs for individual occupancies shall be prohibited. N/A VIII. ZONING ORDINANCE ARTICLE 46: PARKING 46.5 Required number of spaces (c) Industrial Uses 2. Manufacturing: One space per six hundred (600) square feet of floor area; or one (1) space for each employee on the shift having the largest number of employees, whichever is greater. 4. Incidental office: one (1) space per two hundred fifty (250) square feet of floor area. Complies 46.11 Space requirements (a) A required off-street open parking space shall not be less than nine (9) feet in width and not less than twenty (20) feet in length (9' x 20'), exclusive of access drives or aisles, ramps, posts or other uses of space. Such space shall have a vertical clearance of not less than seven (7) feet. Review of customer parking specifications shall take place during the building permit review process. (b) If a parking lot includes ten (10) parking spaces or more, then one small car space of not less than seven and one-half (7 1/2) feet in width and not less than sixteen (16) feet in length (7.5' x 16') may be permitted. For each (8) spaces thereafter, a small car space may be provided. All compact spaces shall be clearly marked and permanently identified. Complies (c) Parking lots with twenty (20) or more spaces may replace regular spaces with motorcycle spaces at a ratio of one motorcycle space per each twenty (20) required spaces. Motorcycle spaces are to be a minimum three (3) feet in width and six (6) feet in length (3' x 6'). N/A (d) Parallel parking: Space dimensions are to be nine (9) feet in width and twenty two (22) feet in length (9' x 22'). Aisle widths for parallel parking are to be twelve (12) feet in width for one-way aisles and twenty-four (24) feet in width for two-way aisles. N/A (e) Handicapped parking: Every parking facility serving commercial, industrial and public uses shall include parking stalls for the physically handicapped. Parking stalls for the handicapped shall have a minimum width of fourteen (14) feet and a minimum length of twenty (20) feet (14' x 20'). The number of handicapped parking stalls required shall be one (1) per forty (40) spaces, but in no case less than one (1) space, and shall meet the requirements of the State Building Code, Chapter 2-7102, et. seq. Exceptions to this requirement may be made by the Review Authority when the circumstances of the particular case meet the requirements for exceptions of the State Building Code, Chapter 2-7102, et. seq. Review of customer parking specifications shall take place during the building permit review process. (h) Recreational vehicle (RV) parking spaces: Required spaces shall not be less than ten (10) feet in width and twenty (20) feet in length (10' x 20') when located in a parking lot; or a minimum area of three hundred twenty-five (325) square feet shall be provided per required space when separate storage parking lots are proposed, provided that such lots are fenced and screened by solid fencing or landscaping. None proposed 46.13 Location requirements (a) Parking required in any district shall be located on the same lot as the building or use that it is to serve, or located on an adjacent or contiguous lot pursuant to an agreement with the County that the lots in question be held as one lot for the life of the project or merged to create one lot, except as provided in Subsections (b) and (d) below. Off-street parking shall be available without charge except for public institutions. All parking is on-site. (b) Off-street, off-site, and non-contiguous parking lots may be permitted when located within three hundred (300) feet of the lot line, containing the building or use that the parking is to serve subject to a minor use permit, or when located further than three hundred (300) feet of the lot line, containing the building or use the parking is to serve subject to a major use permit, and provided that the parking lot is in the same ownership as the use, or is under a recorded lease with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this Article. All parking is on-site. (c) Shared on-site parking adjustment: Where two (2) or more nonresidential uses are on a single site, the number of parking spaces may be reduced through adjustment at a rate of five (5) percent for each separate use, up to a maximum of ten (10) percent as long as the total number of spaces is not less than required for the use requiring the largest number of spaces. The parking adjustment shall be reviewed and approved by the Review Authority. N/A (d) Joint use parking adjustment: Where two (2) or more nonresidential uses propose to share parking spaces on or off-site, the applicant shall meet the applicable requirements of Subsection (b) and the applicant shall show that there is no substantial conflict in the operating hours or uses. The required parking shall equal that of the use requiring the higher number of parking spaces pursuant to this Article. An on-site parking adjustment shall be reviewed and approved by the Review Authority. N/A (e) Any off-street parking space, whether open or enclosed, shall be located so as to be individually accessible and useable for the parking of motor vehicles, except as provided in Section 46.14. All parking spaces are individually accessible and useable. (f) Uncovered parking in any required yard area bordering a street is prohibited except in the case of single-family residential, duplex, triplex or fourplex residential development provided that such parking is in tandem to and adjacent to required covered parking. No parking is proposed in required yard areas. (g) Handicapped stalls shall be located so that the handicapped person will not be required to wheel behind parked cars other than parked cars for the handicapped, while entering or exiting the parking area. Said stalls shall be located as close as possible to the main entrance of the building. Except as provided in Chapter 2-7102 of the State Building Code, each parking stall for the physically handicapped shall be clearly identified with posting immediately adjacent to and visible from each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white on a blue background. Exceptions to this requirement may be made by the Review Authority when the circumstances of the particular case meet the requirements for exceptions of the State Building Code, Chapter 2-7102, et.seq. The handicapped parking is located directly in front of the building. 46.14 Access requirements (a) Parking lots are to be designed and improved to prevent vehicular access at any point other than designated points of ingress (entrance) or egress (exit). This applies to both commercial and residential areas. Driveway access locations shall be approved by the Review Authority. The parking lot can only be accessed via the driveway. (b) Each developed site shall not have more than two (2) accessways to any one street, except as provided for in a required use permit. The project has a single accessway, on Borman Lane frontage off State Highway 29. (c) There should be a minimum distance of twenty-four (24) feet between driveway curb cuts along any street frontage. There are no driveways within twenty-four (24) feet of the existing driveway location. (d) No driveway shall be allowed to encroach closer than twenty (20) feet to the end or beginning of the radius on any street corner unless approved by the Department of Public Works. The centerline of the driveway is approximately 180 feet from the nearest intersection. (e) The width of a driveway providing access to a parking lot from the public street or between separate parking areas on a site is to be a minimum of twelve (12) feet for one-way access, twenty (20) feet for multiple-family residential, and commercial or industrial two-way access. The driveway is 20 feet in width. (f) No driveway entering onto a right-of-way shall exceed a width of thirty (30) feet. The entrance to the driveway is 45 feet in width. (g) For commercial use a driveway access grade of no more than eight (8) percent shall be allowed for the first forty (40) feet, thereafter a grade of over twelve (12) percent shall not be acceptable without prior approval of Planning Department and Department of Public Works. The driveway access grade does not exceed eight percent (8%) at any point. (h) For single-family residential uses in all "APZ", "A", "TPZ", "RL", "RR" and "SR" zoning districts, the first fifty (50) feet of a driveway beginning at the edge of the existing improved surface shall be constructed and maintained with an all-weather surface. An all-weather surface includes: Six (6) inches of gravel or crushed rock, an oil and rock surface, asphaltic concrete, or concrete. In all other zoning districts, all driveways shall be constructed and maintained with an all-weather surface of asphaltic concrete or concrete unless another all-weather surface is approved by the Review Authority. The existing driveway and site circulation area is a graded/compacted all weather asphalt grindings surface which is typical for this kind of industrial operations. 46.15 Design specification requirements Parking lots shall be designed according to minimum specifications as set forth in this Section and Table 1. A sample parking and circulation plan is provided in Figure 1 to show how the minimum specifications may be applied. (a) The required front yard setback dimension (A) as shown in Figure 1 shall be as specified for the zone in which the parking lot is to be located or as provided in Article 41; however, such dimension shall not be less than ten feet (10) unless modified as permitted in Article 41. The driveway access is approximately 900 feet long. (b) The wheelstop setback dimension (E) as shown in Figure 1 shall be a minimum of three (3) feet. Review of customer parking plans shall take place during the building permit review process. (c) The minimum driveway width (F) at any parking stall angle less than forty five (45) degrees, including parallel stalls, shall be twelve (12) feet as shown in Figure 1. Review of customer parking plans shall take place during the building permit review process. (d) The turnaround or end driveway width (G) as shown in Figure 1 shall be a minimum of eighteen (18) feet. Review of customer parking plans shall take place during the building permit review process. (e) Parking areas are to be designed so as to not require or encourage cars to back out into a public street, public or private pedestrian walk, or public alley, in order to leave the lot or to maneuver out of the parking space. The parking is accessed by Borman Lane via a 900-foot long driveway. The parking lot is fully contained away from the road. (f) Except as provided for in Section 46.13(f), no parking space shall be designed to back out directly toward a right-of-way without a minimum clearance between right-of-way and the rear of the stall of twenty five (25) feet at a ninety (90) degree angle. N/A (g) Parking may be designed to include tandem parking only in the following situations: 1. In a parking area serving a single-family dwelling, duplex, triplex, or fourplex residential development where the tandem parking is not more than two (2) cars in depth provided that such parking is in tandem to and adjacent to required covered parking. 2. In a public garage or public parking lot where all parking is performed by attendants at all times, or for public assembly facilities and temporary events where user arrivals and departures are simultaneous and parking is attendant-directed. 3. For all-day employee parking lots restricted to employee use, provided that required aisle widths are maintained, and no more than fifty (50) percent of the employee spaces are designed for tandem use. No tandem parking is proposed. (h) All parking lots providing ten (10) or more spaces, or any parking lot which contains angled parking, shall provide permanent directional markers to indicate driveway location and circulation pattern. N/A (i) Parking lot spaces serving multifamily residential, commercial and industrial uses which face sidewalks, walkway curbs or landscaped perimeters shall be provided with adequate wheel stops. Review of customer parking plans shall take place during the building permit review process. (j) All parking lots containing four (4) or more spaces shall be required to submit a landscaping plan as set forth in Article 41, Section 41.9. A landscape plan has been provided. (k) A parking lot of four (4) or more spaces shall be surfaced with an asphaltic, cement, or other appropriate pavement material to provide a durable surface. It shall be graded and drained to dispose of all surface water accumulated, and shall be arranged and marked to provide for orderly and safe loading, unloading, parking and storage of vehicles. The existing driveway and site circulation area is a graded/compacted all weather asphalt grindings surface which is typical for this kind of industrial operations. 46.16 Drive-in and drive-through facilities N/A 46.17 Off-street loading facilities No loading facility is required. IX. GENERAL PLAN As directed, the Community Development Department looks to the project's compliance and consistency with the many aspects of the General Plan, Middletown Area Plan and Zoning Ordinance in its analysis. Listed below are the relevant General Plan policies. Policy LU-5.4: Compatibility with Surrounding Land Use. The County shall ensure that appropriate industrial/heavy commercial sites will not result in significant harmful impacts to adjacent land uses. In addition, sites should be designed to prevent the intrusion of incompatible uses into industrial areas. Infilling of existing industrial areas is highly desirable where feasible. The proposed project parcel is designated with Industrial Land Use in the General Plan. X. MIDDLETOWN AREA PLAN The Middletown Area Plan was adopted on August 17, 2010. Heavy Industrial zoning designation was proposed for 184 acres; no Heavy Industrial zoning existed at that time. Goals and Policies for Industrial development are discussed below: Objective 3.7.2 Protect and enhance scenic resources, promote a visually appealing environment and maintain the rural character of the Planning Area. Policy 3.7.2e Appropriate visual screening and highway setbacks shall be secured for industrial and service commercial uses. The use of native vegetation shall be promoted during development review of industrial and service commercial projects. The landscape plan proposes planting six 15-gallon Crepe Myrtle Trees, planted along the front 10 feet of the property, at 25 feet on center. Objective 6.2.2 Focus heavy commercial and industrial uses in the Coyote Valley Community Growth Boundary along the Highway 29 corridor. Policy 6.2.2a Encourage heavy commercial and industrial uses to locate along the Highway 29 corridor. The proposed project re-establishes previously-existing industrial use that was permitted prior to the 2015 Valley Fire. XI. ENVIRONMENTAL ANALYSIS A CEQA Initial Study for this project was completed (Attachment 3). Recommendations and mitigation measures provided in IS17-01 were incorporated into the Use Permit Conditions of Approval (Attachment 4) to reduce potential environmental impacts. Implementation of and compliance with project conditions of approval identified in the CEQA Initial Study as mitigation measures, as outlined below, would avoid or reduce potential impacts to less than significant levels. 1. AESTHETICS No potentially-significant impacts were identified. Conditions are in place to ensure that outdoor storage, signage, and lighting will not cause significant impacts. 2. AGRICULTURE AND FORESTRY RESOURCES No potentially-significant impacts were identified. 3. AIR QUALITY Conditions are in place to mitigate any possible impacts of dust, fumes, or exhaust. Lake County Air Quality Management District Permits are required to operate the batch plant. Additional permits may be required should backup generators be used. 4. BIOLOGICAL RESOURCES No sensitive species were noted within the project area. The property was destroyed in the 2015 Valley Fire. A California Department of Fish and Wildlife filing fee shall be required. 5. CULTURAL RESOURCES No cultural resources are identified. The Permit Holder is encouraged to honor the request of Middletown Rancheria and engage with the tribe to address cultural concerns should any ground disturbance activities occur. 6. GEOLOGY AND SOILS No potentially-significant impacts were identified. 7. GREENHOUSE GAS EMISSIONS No potentially-significant impacts were identified. Permits required by Lake County Air Quality Management District shall be obtained and maintained throughout the life of the project. 8. HAZARDS & HAZARDOUS MATERIALS Mitigation measures will reduce potential impacts to less than significant. 9. HYDROLOGY & WATER QUALITY Conditions are in place to reduce potential impacts to less than significant. 10. LAND USE & PLANNING No potentially-significant impacts were identified. 11. MINERAL RESOURCES No potentially- significant impacts were identified. 12. NOISE No potentially-significant impacts were identified. 13. POPULATION & HOUSING No potentially-significant impacts were identified. 14. PUBLIC SERVICES No potentially-significant impacts were identified. 15. RECREATION No potentially significant impacts were identified. 16. TRANSPORTATION/TRAFFIC No potentially-significant impacts were identified. 17. TRIBAL CULTURAL RESOURCES The Permit Holder is encouraged to honor the request of Middletown Rancheria and engage with the tribe to address cultural concerns should any ground disturbance activities occur. 18. UTILITIES & SERVICE SYSTEMS No potentially-significant impacts were identified. XII. ZONING ORDINANCE ARTICLE 51: MAJOR USE PERMIT FINDINGS 51.4 Findings required for approval (a) The Review Authority may only approve or conditionally approve a major use permit if all of the following findings are made: 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. The applicant proposes to resume operations and related activities consistent with prior operations. The re-establishment, maintenance, and operation of the previously-existing septic manufacturing and concrete batch plant, and establishment of the stone products and building materials retail yard, would not be detrimental to the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood of the proposed use. The proposed uses would not be detrimental to property and improvements in the neighborhood or to the general welfare of the County. There is a history of prior operations of the septic manufacturing and concrete batch plant facility on the site. The septic tank manufacturing Use Permit was approved in 1999 and the batch plant Use Permit was approved in May 2001. Although the Use Permit for the batch plant expired in 2011, the septic tank manufacturing Use Permit did not expire, and batching enough concrete for the manufacturing facility is allowed with that permit. There are no known records of any complaints about the health, safety, and general welfare related to problems or issues associated with the prior concrete batch plant use. Noise and visual impacts associated with the location and physical characteristics of the subject site are minimized given that there are few residences nearby and because the concrete batch plant will operate primarily during daylight hours. Many property owners are currently rebuilding houses and structures lost in the 2015-2016 Rocky, Valley, and Clayton Fires. There is currently a heavy demand for building materials and concrete for foundations, retaining walls, slabs and related concrete products in the Middletown, Hidden Valley Lake, Cobb and Lower Lake areas. The concrete batch plant will be operated to service construction sites in the southern portion of Lake County that were affected by the fires. Clearlake Lava, Inc. operates surface mines, and a rock and aggregate business on Point Lakeview Road, along with related businesses. Clearlake Lava, Inc. is a major supplier of concrete and stone products for the rebuilding efforts associated with the 2015-2016 wildland fires and is a knowledgeable and experienced operator of rock mining and processing facilities, including another concrete batch plant and several related business activities. This experience and knowledge will result in a safe and healthy facility that will support the proper operation of the concrete batch plant components in accordance with all local, state, and federal regulations; and will limit any notable adverse impacts to persons residing or working in the neighborhood, and to on-site workers and customers. The resumption of concrete plant production at the subject site will add capacity for concrete and building materials in closer proximity to the hardest hit areas. It is Staff's position that the project, with required conditions and mitigations (listed below), will not be detrimental to the health, safety, morals, comfort and general welfare of the neighboring community, nor detrimental to property and improvements in the neighborhood, nor the general welfare of the County. Conditions/Mitigations A1. The use hereby permitted shall substantially conform to the project description and Use Permit application submitted January 6, 2017 and any conditions of approval imposed by the Use Permit and the Design Review Authority. The Community Development Director may approve, in writing, minor modifications that do not result in increased environmental impacts. A3. The permit holder shall comply with all requirements of the Lake County Department of Environmental Health concerning well water and sewage disposal. A4. All necessary building permits shall be obtained. Building permits shall contain plans for signs, lights, and structures. Construction plans and calculations shall be stamped and signed by a California licensed architect or engineer, and submitted along with energy code compliance documents. Prior to the issuance of building permits, the permit holder shall submit plans which detail landscaping, drainage, and parking to comply with the regulations of the California Building Code and the Lake County Zoning Ordinance. A5. Permits required by Lake County Air Quality Management District shall be obtained and maintained throughout the life of the project. A6. The Planning Commission may revoke the permit in the future if the Commission finds that the use to which the permit is put is detrimental to the health, safety, comfort, and general welfare of the public or constitutes a nuisance. B1. Storage of plant supplies shall comply with Section 21-41.12 (c) of the Lake County Zoning Ordinance for open and outdoor storage, including location, screening and height restrictions for materials and equipment associated with the permitted project. B2. All signage shall comply with Article 45 of the Lake County Zoning Ordinance. B3. All lighting shall be consistent with Zoning Ordinance Section 21-41.8. Lighting shall be kept to the minimum necessary for safety and security purposes and shall be shielded and directed downwards onto the project site and not onto adjacent roads or properties. F1. Hours of operation, excluding maintenance, shall be limited to 6:00 a.m. to 6:00 p.m. daily. For batch plant projects requiring extended hours the Applicant shall contact the Community Development Department for a temporary exception. F2. Maximum sound emissions shall comply with Section 21-41.11 of the Lake County Zoning Ordinance for noise. 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. The 11-acre parcel has been used since 2001 with septic tank manufacturing and batch plant operations. There is sufficient size to continue these uses, as well as adding a stone products and building materials retail yard. The County of Lake's Zoning designation of the subject property is "M2" Heavy Industrial. This existing Zoning is a reflection and acknowledgement that the site is appropriate for heavy industrial uses such as the concrete batch plant and stone products yard. The existing batch plant and septic manufacturing facility, and the proposed retail yard, are located approximately 1,000 feet from the highway. Topography blocks the view of the parcel from the south. Required landscaping on the front 10 feet of the property will screen the view from the south-bound highway traffic north of the parcel. Noise and visual impacts associated with the location and physical characteristics of the subject site are minimized given that there are few residences nearby and because the concrete batch plant will operate primarily during daylight hours. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The surrounding streets, pedestrian facilities and nearby Highway 29 are adequate to safely accommodate the proposed concrete batch plant and related aggregate storage uses and the proposed stone products yard. The concrete batch plant is anticipated to produce approximately 150 cubic yards of concrete per day and the maximum amount of truck traffic required to transport this volume is 16 to 20 loads per day. This production volume will require 10 truckloads of aggregate rock to be delivered to the site daily. 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. Public services including, but not limited to, fire protection and police protection are adequate to serve the project. The subject site is within the South Lake County Fire Protection District based in Middletown. Police protection is provided by the Lake County Sheriff's Department which provides adequate coverage and response times in the Middletown area. On site water supply is provided by a well. Well water is pumped into a 10,000-gallon water storage tank and used for the batch plant operations. Wastewater disposal is by an on-site septic tank and drain field system, previously approved by Lake County Environmental Health department. The septic system would need to be re-approved prior to building permits being issued. Conditions/Mitigations A3. The permit holder shall comply with all requirements of the Lake County Department of Environmental Health concerning well water and sewage disposal. 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. The proposal to reestablish the pre-existing septic tank manufacturing facility and concrete batch plant and related material storage, and the proposed stone products yard is in conformance with the applicable provisions and policies of the Lake County Zoning Ordinance and the Lake County General Plan. The property is in Zoning district "M2" Heavy Industrial. As indicated in Section 21-22 of the Lake County Zoning Ordinance, the purpose of the Heavy Industrial Zone is to provide areas for heavy industrial and manufacturing uses which can locate and operate away from the restrictive influences of non-industrial uses, while maintaining an environment free from offensive or objectionable noise, dust, or other nuisances. The proposed project complies with these Zoning Ordinance objectives. Section 22.26 Of the Lake County Zoning Ordinance lists concrete or asphalt batch plants, rock crushing and stone product yards, and sand and gravel plants as uses that are allowed subject to the approval of a Major Use Permit. Performance Standards spelled out in Section 21-41 of the Lake County Zoning Ordinance will be met by specifications in the Project Description and/or by Use Permit Conditions of Approval. The General Plan land use designation is Industrial. This land use category provides for a range of manufacturing, the processing of natural resources, research facilities and high-tech campuses and "heavy" commercial uses. The intent is to encourage sound industrial/heavy commercial development by designating appropriate areas for such uses including geothermal service years, large construction/contractor yards, warehouses, asphalt batch plants, mills, lumber yards, boat building, welding and fabrication shops. With incorporated mitigations, as partially listed above, the project is in conformance. Further conditions/mitigations are listed below. Conditions/Mitigations G2. This permit shall be null and void if not used within two (2) years from the date of approval, or if the use is abandoned for a period of two (2) years. 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. The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. XIII. ZONING ORDINANCE ARTICLE 54: DESIGN REVIEW 54.5 Findings required for approval: (a) The Review Authority shall only approve or conditionally approve a design review permit if all the following findings are made: 1. That the proposed use is a permitted use in the district where located. This site is zoned "M2" which allows for concrete or asphalt batch plants, rock crushing and stone product yards, sand and gravel plants. 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. The 11-acre parcel has been used since 2001 with septic tank manufacturing and batch plant operations. There is sufficient size to continue these uses, as well as adding a stone products and building materials retail yard. The County of Lake's Zoning designation of the subject property is "M2" Heavy Industrial. This existing Zoning is a reflection and acknowledgement that the site is appropriate for heavy industrial uses such as the concrete batch plant and stone products yard. The existing batch plant and septic manufacturing facility, and the proposed retail yard, are located approximately 1,000 feet from the highway. Topography blocks the view of the parcel from the south. Required landscaping on the front 10 feet of the property will screen the view from the south-bound highway traffic north of the parcel. Noise and visual impacts associated with the location and physical characteristics of the subject site are minimized given that there are few residences nearby and because the concrete batch plant will operate primarily during daylight hours. 3. That there are adequate public and private services, including but not limited to fire protection, water supply, and sewage disposal. Public services including, but not limited to, fire protection and police protection are adequate to serve the project. The subject site is within the South Lake County Fire Protection District based in Middletown. Police protection is provided by the Lake County Sheriff's Department which provides adequate coverage and response times in the Middletown area. On site water supply is provided by a well. Well water is pumped into a 10,000-gallon water storage tank and used for the batch plant operations. Wastewater disposal is by an on-site septic tank and drain field system, previously approved by Lake County Environmental Health department. The septic system would need to be re-approved prior to building permits being issued. 4. That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan. With incorporated mitigations the project is in conformance. 5. That the placement and design of buildings and structures are compatible with existing development and will not detract from the visual setting. The project is not anticipated to detract from the existing visual character of the surroundings. 6. That the project is in conformance with any applicable community design manual criteria. The project is in the "M2" Heavy Industrial zoning district. There are no violations of design criteria as specified in the Middletown Area Plan for the Community Growth Boundaries. 7. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The surrounding streets, pedestrian facilities and nearby Highway 29 are adequate to safely accommodate the proposed concrete batch plant and related aggregate storage uses and the proposed stone products yard. The concrete batch plant is anticipated to produce approximately 150 cubic yards of concrete per day and the maximum amount of truck traffic required to transport this volume is 16 to 20 loads per day. This production volume will require 10 truckloads of aggregate rock to be delivered to the site daily. 8. 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. The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. XIV. RECOMMENDATION Staff recommends the Planning Commission approve the project with the following findings: A. Adopt a mitigated negative declaration for UP 17-01 with the following findings: 1. Potential environmental impacts related to aesthetics have been mitigated to insignificant levels by conditions section B. 2. Potential environmental impacts related to air quality have been mitigated to insignificant levels by use permit conditions section C. 3. Potential environmental impacts related to cultural resources have been mitigated to insignificant levels by use permit condition section D. 4. Potential environmental impacts related to hazards and hazardous materials have been mitigated to insignificant levels by use permit conditions section E. 5. Potential environmental impacts related to noise have been mitigated to insignificant levels by use permit conditions section F. 6. Potential environmental impacts related to timing and monitoring have been mitigated to insignificant levels by use permit conditions section G. 7. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Middletown Area Plan and Zoning Ordinance with the incorporated mitigations and conditions of approval. 9. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve Use Permit UP17-01 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. With regards to Design Review Permit DR17-04 make the following findings: 1. That the proposed use is a permitted use in the district where located. 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 there are adequate public or private services, including but not limited to fire protection, water supply and sewage disposal. 4. That the project is in conformance with the applicable provisions and policies of this chapter, the Lake County General Plan and any approved zoning or land use study or plan. 5. That the placement and design of the buildings and structures are compatible with existing development and will not detract from the visual setting. 6. That the project is in conformance with any applicable community design manual criteria. 7. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 8. 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. FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study (IS17-01) prepared by the Planning Division and the mitigation measures and conditions of approval which have been added to the project, that the use permit and design review as applied for by the Clearlake Lava 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 April 27, 2017. Major Use Permit Approval I move that the Planning Commission find that the Major Use Permit (UP17-01) applied for by Clearlake Lava on property located at 18875 State Highway 29, 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 Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated April 27, 2017. Design Review Approval I move that the Planning Commission find that the Design Review (DR17-04) applied for by Clearlake Lava on property located at 18875 State Highway 29, Middletown does meet the requirements of Section 54.5 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 Design Review be granted subject to the conditions and with the findings listed in the staff report dated April 27, 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. Reviewed by:_ _________

..Title ..Body MEMORANDUM TO: Planning Commission - ITEM #2 FROM: Robert Massarelli, Community Development Director Prepared by: Mark Roberts, Associate Planner DATE: March 16, 2017 SUBJECT: Major Use Permit, UP 16-08 Initial Study, IS 16-18 ATTACHMENTS: 1. Vicinity Map 2. Information Packet 3. Initial Study, IS 16-18 4. Agency Comments 5. Public Concerns 6. Site Plan & Architectural Designs 7. Proposed Major Use Permit Conditions EXECUTIVE SUMMARY: I. PROJECT DESCRIPTION Project Name: Commercial Lavender and Chamomile Farm Application: Major Use Permit, UP 16-08; Initial Study IS 16-18 Applicant/Owner: Michael Donygan Project Summary: The applicant is requesting approval of a Major Use Permit (UP 16-08) to operate a Commercial Lavender & Chamomile Farm on a 140 acre parcel. The farm would cultivate and produce lavender and chamomile essential oils and herbal remedies onsite. The closest neighbor is approximately 800 to 1,000 feet away. The proposed hours of operation would be Monday through Sunday 8:00AM to 5:00PM and Saturday's 9:00AM to 1:00PM. During normal hours of operation, there would be approximately two (2) employees and during peaks hours (harvesting Lavender/Chamomile, prepping for drying and production of remedies) of the operation there would be approximately three (3) to five (5) employees. The proposed project would not be open to the general public, and all products would be shipped out. The property is currently developed with a Manufactured Home, approximately 2,300 square feet in size, an 800 square foot utility shed and a 2,400 square foot barn. The applicant is proposing to install four (4) engineered greenhouses that are 2,400 square foot each for a total of 9,600 square foot of greenhouses space and a 9,500 square foot addition to the existing barn. The greenhouses would be used to cultivate the lavender and chamomile and the existing barn with the proposed addition would be used as an office, drying and preparation room for production and processing of the lavender and chamomile essential oil/remedies. The applicant intends to complete the proposed project in the following phases: Phases One: Construct two (2) of the four (4) proposed greenhouses. Each greenhouse would be 2,400 square feet in size. The applicant would also install five (5) 10,000 gallon water storage tanks. Phase Two: Install the remaining two (2) greenhouses. Each greenhouse would be 2,400 square feet in size. Phase Three: Construct the 9,500 square foot addition to the existing 2,400 square foot barn and install four (4) 10,000 gallon water storage tanks. Location: 8959 Wight Way, Kelseyville, CA 95451 APN: 007-036-02 Parcel Size: Approximately 140 acres General Plan Land Use: Rural Lands Zoning: "RL-WW-B5" Rural Lands - Waterway - Bfroz Flood Zone: X Slope: Relatively Flat to Moderately Steep II. ZONING ORDINANCE ARTICLE 55 APPLICATION 55.2 Information for application submittal (a) A site plan with all dimensions clearly indicated, and the following information as applicable: 1. North arrow and scale of drawing. Provided 2. Site address. Provided 3. Lot dimensions and boundaries; including the total area of property presented in square feet or acres. Provided 4. Location of all proposed structures, with dimensions, including height. Provided 5. Distance from proposed structure(s) to property lines, centerline of the street or alley, and existing structures. Provided 6. Walls and fences: Their location, height, and construction materials. No walls and/or fences proposed at this time 7. Public right(s)-of-way: With street names, route numbers, width of right-of-way, and surfacing. Provided 8. Off-street parking: Location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern. Onsite parking only 9. Access: Pedestrian, vehicular, service; and delineations of all points of ingress and egress. Provided 10. Signs: Location, size, height, and method of illumination. Provided 11. RESERVED. 12. Proposed street dedications and improvements. N/A 13. All easements. Provided 14. Location of well and/or septic field, or indication that the property is to be served by public water and/or sewer. Provided 15. Landscape plans. Not Applicable (b) Information needed to determine that the performance standards of Article 41 will be met. See Below (c) Any request for amendment to the performance standards of Article 41 shall be in writing with an explanation of why the standard(s) should be waived. None Requested (d) All required fees shall be paid at the time of filing the application with the Planning Department, and no processing shall commence until the fee is paid. Paid (e) When filed by an agent, contract purchaser or lessee, the application shall include a written statement signed by the property owner(s) indicating his or her endorsement of the application. Not Applicable (f) A signed statement by the applicant indicating whether the project is located on a site which is included on any of the lists relating to hazardous waste, provided to the County by the State Office of Planning and Research pursuant to Government Code Section 65962.5. Not Applicable (g) Additional information: 1. Any additional pertinent information required by the Planning Department from the "List specifying required data for development projects" of Section 55.5. A north arrow and scale of drawing. Provided The site address and Assessor's Parcel Number (APN). Provided Lot dimensions and boundaries, including the total area of the property in sq. ft. or acres, and drawn to a measurable scale. Provided Location, function, height and size of all existing and proposed structures (including walls and fences) on the property. Gross and net floor area for all commercial and multi-unit development. Provided Location of driveways and required parking areas. Describe material of construction of driveways and parking. Provided Distance from proposed and existing structures to property lines, and to centerline of street or alley. Distance between principal and accessory buildings and structures. Include any established building setback lines. Provided Adjacent right(s)-of-way including street names, route numbers, width of right-of-way, existing center line and existing surfacing. Provided Location and nature of all existing and proposed public and private easements. Provided Location of wells or statement that the property is to be served by public water. Location of watercourses. Location and direction of slope and/or drainage facilities. Provided III. ARTICLE 7 REGULATIONS FOR THE "RL" RURAL LANDS ZONING DISTRICT. 7.10. DEVELOPMENT STANDARDS. 7.11. REPEALED (Ord. No. 2947, 5/3/2011) 7.12 Minimum lot size: Complies; Parcel is approximately 140 Acre 7.13 Minimum average lot width: Complies 7.14 Maximum length to width ratio: Three (3) to one (1). Complies 7.15 Minimum yards: Please Note: The project parcel is greater than 1 acre in size (project parcel approximately 140 ac) and located within the State Responsibility Area (SRA). Therefore the applicant shall have a minimum of a thirty (30) foot setback from all property lines (Calfire Fire Safe Regulations 4290). * "1276.01 Setback for Structures Defensible Space: (a) All parcels one (1) acre and larger shall provide a minimum thirty (30) foot setback for buildings and accessory buildings from all property lines and/or the center of the road. (a) Front yard: Thirty (30) foot setback from all property lines. Complies (b) Rear yard: Thirty (30) foot setback from all property lines. Complies (c) Side yard: Thirty (30) foot setback from all property lines. Complies (d) Accessory uses: The above yards shall apply. Complies 7.16 Maximum Height: (a) Principal structure: Thirty-five (35) feet Complies; the existing single family residence does not exceed the 35 foot requirement. (b) Accessory structure: Twenty (20) feet. Complies; the existing accessory structures does not exceed the 20 foot height requirement; the proposed green houses would not exceed the 20 foot height requirement. (c) Agricultural uses: Forty-Five (45) feet The existing barn does not exceed the 45 foot height requirement; the proposed addition to the barn would not exceed the 45 foot height requirement. Parking: The following minimum parking requirements shall apply except as provided in Article 46 (NOTE: PARKING REQUIREMENTS WILL BE ADDRESSED IN SECTION V OF THE STAFF REPORT, ARTICLE 46). IV. ZONING ORDINANCE ARTICLE 41 PERFORMANCE STANDARDS. 41.3 Exceptions: (c) The performance standards contained in the following subsections are the required minimum. They shall not be construed as preventing the Review Authority, as part of any discretionary approval, to require more restrictive standards as deemed necessary. 41.4 Air quality: All uses shall comply with applicable local, state, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not 41-2 limited to, emissions of suspended particulates, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes. The applicant shall use adequate dust controls measures during active construction and exposed surfaces shall be stabilized to prevent dust generation. 41.5 Electromagnetic interference: Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. No known uses will generate electromagnetic interference beyond the boundary line of the property. 41.6 Erosion control: The following erosion control standards shall apply to all development projects in commercial or industrial zoning districts: While this section of the ordinance only applies to commercial or industrial zoning districts, it is the recommendation of the department that the following apply to this project. This is authorized under 41.3 (c) referenced above. During site development there may be a potential for adverse impacts on the surrounding area. (a) The smallest practical area of land shall be exposed at any one time during development. The project would be completed in three (3) phases: Phase One: Construct two (2) of the four (4) proposed greenhouses. Each greenhouse would be 2,400 square feet in size. The applicant would also install five (5) 10,000 gallon water storage tanks. Phase Two: Install the remaining two (2) greenhouses. Each greenhouse would be 2,400 square feet in size. Phase Three: Construct the 9,500 square foot addition to the existing 2,400 square foot barn and install four (4) 10,000 gallon water storage tanks. (b) When land is exposed during development, the exposure shall be kept to the shortest practical period of time. See Response to Section 41.6 (a). (c) Natural features such as trees, groves, natural terrain, waterways, and other similar resources shall be preserved where feasible. According to the proposed plans there will be approximately four (4) trees removed to develop the addition to the existing barn. Applicant shall adhere to the following: * The applicant shall submit a Tree Removal Plan to the Community Development Department for review and approval prior to issuance of any building permits. Said plan must identify the trees to be removed and include the measurement of the tree at breast height. * If any Valley Oak trees five inches in diameter or larger is removed, tree(s) shall be replanted at a ratio of five to one and shall be maintained for five years. If trees die, they too shall be replanted and maintained for five years. Every practical effort shall be made to minimize impacts to all viable oak trees during development of this property. (d) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development. The applicant shall use adequate dust controls measures. Dust control measures are required during active construction and exposed surfaces shall be stabilized to prevent dust generation. (e) The permanent final vegetation and structures shall be installed as soon as practical in the development. The site plan does indicate where existing and proposed structures will be located. (f) Wherever feasible the development shall be fitted to the topography and soils to create the least erosion potential. The project site is relatively flat and to moderately steep. All development will be fitted to the topography and soils to create the least erosion potential. (g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Provision will be made to reduce increased runoff during site development. (h) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development where needed. No sediment basins are shown on the site plan. 41.7 Fire and Explosion Hazards: a) All uses involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local, state and federal safety standards and shall be provided with adequate safety devices against the hazards of fire and explosion, and adequate fire-fighting and fire suppression equipment. Materials associated with the Commercial Lavender and Chamomile Farm Operation for the cultivation and production of essential oils and herbal remedies, such as gasoline, diesel, Carbon Monoxide, and the emissions during processing and production may be considered hazardous if released into the environment. The use of chemicals shall be in a manner consistent with laws, limiting impacts to a less than significant level. 41.8 Glare and Heat: (a) All exterior lighting accessory to any use shall be hooded, shielded or opaque. No unobstructed beam of light shall be directed beyond any exterior lot line. Buildings and structures under construction are exempt from this provision. The proposed structure is designed to use minimal lighting and rely on natural lighting. However, the applicant shall adhere to the following: * A Lighting Plan shall be submitted to the Community Development Department for review and approval prior to issuance of any building permits. * All lighting shall be directed downwards onto the project site and not onto adjacent roads or properties. Lighting equipment shall be consistent with that which is recommended on the website: www.darkskyorg and provisions of section 21.41.8 of the Zoning Ordinance to minimize glare and the direct view of light source(s). * Prior to Occupancy, all greenhouses shall be equipped with blackout film/material to be used at night for maximum light blockage to lessen the impact on the surrounding parcels and the dark skies. (b) No use shall generate heat so that increased ambient air temperature or radiant heat is measurable at any exterior lot line. There are no known uses that may generate heat or ambient air temperature or radiant heat that may exceed property boundaries. 41.9 Landscaping Standards: (a) General: All undeveloped land areas shall be maintained in permanent vegetative cover, or alternatively be landscaped with a combination of materials to control runoff. All yards shall be landscaped such that there shall be no accumulation of silt, mud, or standing water causing unsightly or hazardous conditions, either within the yard or on adjacent properties, public roads, or sidewalks. Not Applicable. The project parcel is located in a rural area of Lake County and staff has determined that Landscaping will not be required. V. ZONING ORDINANCE ARTICLE 46 - PARKING 46.5 Required Number of Spaces Manufacturing: One (1) space per six hundred (600) square feet of floor area; or one (1) space for each employee on the shift having the largest number of employees, whichever is great. The proposed project would not be open to the general public, and all products would be packaged and shipped out to prospective buyers. There would be vehicles making delivers and/or picking up the products to be shipped to prospective buyers. Therefore, staff is able to support the parking requirement of one (1) parking space for each employee on the shift having the largest number of employees. Therefore, the applicant shall provide a minimum of five (5) employee parking spaces. 46.11 Space Requirements (a) A required off-street open parking space shall not be less than nine (9) feet in width and not less than twenty (20) feet in length (9' x 20'), exclusive of access drives or aisles, ramps, post or other use of space. Such space shall have a vertical clearance of not less than seven (7) feet. Not Applicable, all parking is onsite. (b) If a parking lot includes ten (10) parking spaces or more, then one small car space of not less than seven and one-half (7 1/2) feet in width and not less than sixteen (16) feet in length (7.5' x 16') may be permitted. For each eight (8) spaces thereafter, a small car space may be provided. All compact spaces shall be clearly marked and permanently identified. Not Applicable. (c) Parking lots with twenty (20) or more spaces may replace regular spaces with motorcycle spaces at a ratio of one (1) motorcycle per each twenty (20) required space. Motorcycle spaces are to be a minimum of three (3) feet in width and six (6) feet in length (3' X 6'). Not Applicable. (e) Handicapped parking: Every parking facility serving commercial, industrial and public uses shall include parking stalls for the physically handicapped. Parking stalls for the handicapped shall have a minimum width of fourteen (14) feet and a minimum length of twenty (20) feet (14' x 20'). The number of handicapped parking stalls required shall be one (1) per forty (40) spaces, but in no case less than one (1) space, and shall meet the requirements of the State Building Code, Chapter 2-7102, et. seq. Exceptions to this requirement may be made by the Review Authority when the circumstances of the particular case meet the requirements for exceptions of the State Building Code, Chapter 2-7102, et. seq. The applicant is proposing one (1) handicap parking space. 46.13 Location Requirements (a) Parking required in any district shall be located on the same lot as the building or use that it is to serve, or located on an adjacent or contiguous lot pursuant to an agreement with the County that the lots in question be held as one lot for the life of the project or merged to create one lot, except as provided in Subsections (b) and (d) below. Off-street parking shall be available without charge except for public institutions. All parking is on-site. (b) Off-street, off-site, and non-contiguous parking lots may be permitted when located within three hundred (300) feet of the lot line, containing the building or use that the parking is to serve subject to a minor use permit, or when located further than three hundred (300) feet of the lot line, containing the building or use the parking is to serve subject to a major use permit, and provided that the parking lot is in the same ownership as the use, or is under a recorded lease with the use that provides that the parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this Article. All parking is on-site. (c) Shared on-site parking adjustment: Where two (2) or more nonresidential uses are on a single site, the number of parking spaces may be reduced through adjustment at a rate of five (5) percent for each separate use, up to a maximum of ten (10) percent as long as the total number of spaces is not less than required for the use requiring the largest number of spaces. The parking adjustment shall be reviewed and approved by the Review Authority. Not Applicable (d) Joint use parking adjustment: Where two (2) or more nonresidential uses propose to share parking spaces on or off-site, the applicant shall meet the applicable requirements of Subsection (b) and the applicant shall show that there is no substantial conflict in the operating hours or uses. The required parking shall equal that of the use requiring the higher number of parking spaces pursuant to this Article. An on-site parking adjustment shall be reviewed and approved by the Review Authority. Not Applicable (e) Handicapped stalls shall be located so that the handicapped person will not be required to wheel behind parked cars other than parked cars for the handicapped, while entering or exiting the parking area. Said stalls shall be located as close as possible to the main entrance of the building. Except as provided in Chapter 2-7102 of the State Building Code, each parking stall for the physically handicapped shall be clearly identified with posting immediately adjacent to and visible from each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white on a blue background. Exceptions to this requirement may be made by the Review Authority when the circumstances of the particular case meet the requirements for exceptions of the State Building Code, Chapter 2-7102, et.seq. Not Applicable 46.14 Access Requirements (a) Parking lots are to be designed and improved to prevent vehicular access at any point other than designated points of ingress (entrance) or egress (exit). This applies to both commercial and residential areas. Driveway access locations shall be approved by the Review Authority. The parking lot is designed to prevent access other than the driveway. (b) Each developed site shall not have more than two (2) access ways to any one street, except as provided for in a required use permit. The project site has one (1) access way, a private driveway located off of Wight Way. (c) There should be a minimum distance of twenty-four (24) feet between driveway curb cuts along any street frontage. The next driveway is approximately half a mile feet to the north. (d) No driveway shall be allowed to encroach closer than twenty (20) feet to the end or beginning of the radius on any street corner unless approved by the Department of Public Works. The centerline of the private driveway is approximately a mile to the nearest intersection (Wight Way) (e) The width of a driveway providing access to a parking lot from the public street or between separate parking areas on a site is to be a minimum of twelve (12) feet for one-way access, twenty (20) feet for multiple-family residential, and commercial or industrial two-way access. The driveway is fifteen (15) feet in width. (f) No driveway entering onto a right-of-way shall exceed a width of thirty (30) feet. The driveway is twenty (20) feet in width. (g) For commercial use a driveway access grade of no more than eight (8) percent shall be allowed for the first forty (40) feet, thereafter a grade of over twelve (12) percent shall not be acceptable without prior approval of Planning Department and Department of Public Works. Proposed driveway is less than 8% slope. (h) For single-family residential uses in all "APZ", "A", "TPZ", "RL", "RR" and "SR" zoning districts, the first fifty (50) feet of a driveway beginning at the edge of the existing improved surface shall be constructed and maintained with an all-weather surface. An all-weather surface includes: Six (6) inches of gravel or crushed rock, an oil and rock surface, asphaltic concrete, or concrete. In all other zoning districts, all driveways shall be constructed and maintained with an all-weather surface of asphaltic concrete or concrete unless another all-weather surface is approved by the Review Authority. The project site is located in Rural Lands "RL" Zoning District. Therefore, the first fifty (50) feet of a driveway beginning at the edge of the existing improved surface shall be constructed and maintained with an all-weather surface. An all-weather surface includes: Six (6) inches of gravel or crushed rock, an oil and rock surface, asphaltic concrete, or concrete. VI. LAKE COUNTY GENERAL PLAN Policy AR 2.3 States: Agricultural Economic Zones "The County shall encourage the development of agriculture economic zones, promoting the development of agriculturally-related uses, such as wineries, olive press facilities and other agricultural processing facilities to increase the overall;; agricultural viability of the County". VII. KELSEYVILLE AREA PLAN Policy 5.1b-1 States: "A high priority should be given to providing services and employment opportunities locally in the Kelseyville Planning Area in order to boost economic development and reduce travel distance". VIII. ENVIRONMENTAL ANALYSIS (CEQA) Implementation of and compliance with project conditions of approval identified in the CEQA Initial Study as mitigation measures, as outlined below, would avoid or reduce potential impacts to less than significant levels. 1. AESTHETICS Conditions are in place to ensure the all structures, landscaping, signage and lighting will be mitigated to less than significant impacts. 2. AGRICULTURE AND FORESTRY RESOURCES No potentially significant impacts were identified. 3. AIR QUALITY Conditions are in place to reduce potential impacts to less than significant 4. BIOLOGICAL RESOURCES No sensitive species were noted within the project area. A California Department of Fish and Wildlife filing fee shall be required. 5. CULTURAL RESOURCES A cultural resource study was completed on September 30, 2016 with no significant cultural resources identified. Conditions are in place to immediately halt construction if any archeological materials are discovered during demolition or irrigation. 6. GEOLOGY AND SOILS The project area is not within an Alquist-Priolo Earthquake Fault Zone. All recommendations in this report are incorporated into the project conditions. 7. GREENHOUSE GAS EMISSIONS No potentially significant impacts were identified. 8. HAZARDS & HAZARDOUS MATERIALS Conditions are in place to reduce potential impacts to less than significant. 9. HYDROLOGY & WATER QUALITY Conditions are in place to reduce potential impacts to less than significant. 10. LAND USE & PLANNING Conditions are in place to reduce potential impacts to less than significant. 11. MINERAL RESOURCES No potentially significant impacts were identified. 12. NOISE Conditions are in place to reduce potential impacts to less than significant. 13. POPULATION & HOUSING No potentially significant impacts were identified. 14. PUBLIC SERVICES A condition is in place to ensure the construction and project area complies with local and state fire protection regulations. 15. RECREATION No potentially significant impacts were identified. 16. TRANSPORTATION/TRAFFIC Conditions are in place to reduce potential impacts to less than significant. 17. UTILITIES & SERVICE SYSTEMS Conditions are in place to address local agency requirements for both municipal water service and on-site wastewater system. IX. ZONING ORDINANCE ARTICLE 50 MAJOR USE PERMIT 51.4 FINDINGS REQUIRED FOR APPROVAL: (a) The Review Authority may only approve or conditionally approve a minor use permit if all of the following findings are made: 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. The proposed use will not 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. Subject to the mitigations measures listed as Conditions of Approval. 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. The project parcel is approximately 140 acres in size and relatively flat to moderately steep. The project parcel is able to accommodate the proposed use and level of development. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The Department of Public Works has no concerns regarding the proposed project and the private shared access way is able to accommodate the 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. The subject parcel is adequately served by an existing well and septic system. According to the Department of Environmental Health a separate septic system will be required for the existing barn and its proposed addition with a wastewater discharge plan. The applicant is currently coordinating with the Department of the Environmental for the installation of additional sewage disposal system(s). 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. This project is consistent with the policies contained within the Lake County General Plan, the Lake County Zoning Ordinance and the Kelseyville Area 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. There are no known active violations. RECOMMENDATIONS: Staff recommends the Planning Commission approve the project with the modifications suggested by staff, with the following findings: A. Adopt a Mitigated Negative Declaration for Major Use Permit, UP 16-08 with the following findings: 1. Potential environmental impacts related to Aesthetics and Land Use 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 Cultural & Biological Resources have been mitigated to insignificant levels by major use permit conditions of approval Section D. 4. Potential environmental impacts related to Geology & Soils have been mitigated to insignificant levels by major use permit conditions of approval Section E. 5. Potential environmental impacts related to Hazards & Hazardous Materials have been mitigated to insignificant levels by major use permit conditions of approval Section F. 6. Potential environmental impacts related to Hydrology & Water Quality have been mitigated to insignificant levels by major use permit conditions of approval Section G. 7. Potential environmental impacts related to Noise have been mitigated to insignificant levels by major use permit conditions of approval Section H. 8. Potential environmental impacts related to Public Services have been mitigated to insignificant levels by major use permit conditions of approval Section I. 9. Potential environmental impacts related to Transportation & Traffic have been mitigated to insignificant levels by major use permit conditions of approval Section E. 10. Potential environmental impacts related to Utilities & Service Systems have been mitigated to insignificant levels by major use permit conditions of approval Section E. 11. Potential environmental impacts related to Timing & Mitigation Monitoring have been mitigated to insignificant levels by major use permit conditions of approval Section L. 12. This project is consistent with land uses in the vicinity. 13. This project is consistent with the Lake County General Plan, Middletown Area Plan and Zoning Ordinance. 14. As mitigated, this project will not result in any significant adverse environmental impacts. B. Approve Major Use Permit (UP 16-08) for the following reasons: 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 Reviewed By: _______ FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: SAMPLE MOTIONS: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study No. 16-18 prepared by the Planning Division and the mitigation measures which have been added to the project, that the use permit as applied for by Michael Donygan 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 March 16, 2017. Use Permit Approval I move that the Planning Commission find that the Use Permit (UP 16-08) applied for by Michael Donygan on property located at 8959 Wight Way, Kelseyville 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 March 16, 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 - Item #3 FROM: Robert Massarelli, Community Development Director Prepared by: Mireya G. Turner, Associate Planner DATE: April 14, 2017 SUBJECT: Major Use Permit for Lawrence Johnson, UP 17-02, Categorical Exemption CE 17-29, APN 011-068-67, 11322 Bottle Rock Road, Kelseyville, Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Scenic Combining Map 3. Site Plan 4. Proposed Use Permit Conditions 5. Agency Comments EXECUTIVE SUMMARY: I. PROJECT DESCRIPTION Project Name: Major Use Permit for two greenhouse structures within the "SC" Scenic Combining District Application: Major Use Permit and Categorical Exemption Applicant: Lawrence Johnson, PO Box 861, Cobb, CA 95426 Owner: Same Project Summary: Mr. Johnson proposes construction of two greenhouses on his parcel, totaling 2,440 square feet. The proposed location of the structures is within the Scenic Combining District. According to the zoning ordinance, greenhouses not exceeding a use area of 5,000 square feet require a major use permit. Location: 11322 Bottle Rock Road, Kelseyville APN: 011-068-67 Parcel Size: �8.52 acres Zoning: "RR-B5-SC" Rural Residential-Density Overlay-Scenic Combining General Plan: Rural Residential Flood Zone: Flood Zone D; this parcel is outside of the 500-year floodplain and is not considered a Special Flood Hazard Area. Slope: 26.1% average slope II. ZONING ORDINANCE A 55.2 Information for application submittal (a) A site plan with all dimensions clearly indicated, and the following information as applicable: 1. North arrow and scale of drawing. Provided 2. Site address. Provided 3. Lot dimensions and boundaries; including the total area of property presented in square feet or acres. Provided 4. Location of all existing and proposed structures, with dimensions, including height. The existing structures are identified on the site plan, along with the proposed location of the two greenhouse structures. Proposed greenhouses have been modified to not exceed 2,440 square feet, per applicant. 5. Distance from proposed structure(s) to property lines, centerline of the street or alley, and existing structures. Provided 6. Walls and fences: Their location, height, and construction materials. Not applicable 7. Public right(s)-of-way: With street names, route numbers, width of right-of-way, and surfacing. Provided 8. Off-street parking: Location, dimensions of parking area, number of spaces, arrangement of spaces and internal circulation pattern. Provided. 9. Access: Pedestrian, vehicular, service; and delineations of all points of ingress and egress. Provided. 10. Signs: Location, size, height, and method of illumination. Not applicable. Signage is not proposed. 11. RESERVED. 12. Proposed street dedications and improvements. None proposed 13. All easements. Provided 14. Location of well and/or septic field, or indication that the property is to be served by public water and/or sewer. The location of the well and septic tank are provided. 15. Landscape plans. Not applicable. (b) Information needed to determine that the performance standards of Article 41 will be met. Provided (c) Any request for amendment to the performance standards of Article 41 shall be in writing with an explanation of why the standard(s) should be waived. None requested. (d) All required fees shall be paid at the time of filing the application with the Planning Department, and no processing shall commence until the fee is paid. Paid (e) When filed by an agent, contract purchaser or lessee, the application shall include a written statement signed by the property owner(s) indicating his or her endorsement of the application. The applicant is the property owner. (f) A signed statement by the applicant indicating whether the project is located on a site which is included on any of the lists relating to hazardous waste, provided to the County by the State Office of Planning and Research pursuant to Government Code Section 65962.5(f). The project area is not listed as a location of hazardous waste. (g) Additional information: 1. Any additional pertinent information required by the Planning Department from the "List specifying required data for development projects" of Section 55.5. A north arrow and scale of drawing. See II(a)(1). The site address and Assessor Parcel Number (APN). Provided Lot dimensions and boundaries, including the total area of the property in sq. ft. or acres, and drawn to a measurable scale. Lot dimensions and boundaries have been provided. Total square footage was determined by Parcel Map PM 06-30. Location, function, height and size of all existing and proposed structures (including walls and fences) on the property. Gross and net floor area for all commercial and multi-unit development. Not applicable. Location of driveways and required parking areas. Describe material of construction of driveways and parking. Provided Distance from proposed and existing structures to property lines, and to centerline of street or alley. Distance between principal and accessory buildings and structures. Include any established building setback lines. Provided Adjacent right(s)-of-way including street names, route numbers, width of right-of-way, existing center line and existing surfacing. Provided Location and nature of all existing and proposed public and private easements. Provided Location of wells or statement that the property is to be served by public water. Location of watercourses. Location and direction of slope and/or drainage facilities. Well identified. There are no watercourses on the parcel. Location of septic tanks and leach fields including expansion area or statement that the property is to be served by public sewer. If a septic system is existing or proposed, the two (2) site plans must be approved by the Environmental Health Division prior to plan submittal. Permitted septic system and Environmental Health approval have been provided. Two (2) copies of the site plan no larger than 11"x17" are required. Existing Trees or Shrubs to be removed, and any proposed landscaping. Any other data as may be required by the Planning Division. The proposed greenhouses are to be located on area which is already cleared. Site Topography is required to complete Application Review Provided 2. The applicant may be requested to provide more detailed information on a project as part of the application requirements, including but not limited to the following: Soils reports; drainage plans; geologic, hydrologic, or seismic investigations; archaeological reports; biological studies; flood hazard reports; market analysis; fiscal impact studies; noise studies; traffic and circulation studies or other pertinent studies of a technical nature which would assist the Planning Department in its evaluation of, or mitigation of, any potential adverse impacts. None of the above have been requested. II. ZONING ORDINANCE ARTICLE 8 REGULATIONS FOR THE RURAL RESIDENTIAL DISTRICT 8.10 DEVELOPMENT STANDARDS. 8.11 Minimum permitted density: Complies. The parcel was created by a parcel map in 2008. 8.12 Minimum lot size: Complies 8.13 Minimum average lot width: Complies 8.14 Maximum length to width ratio: Parcels more than five (5) acres: Four (4) to one (1). Complies 8.15 Minimum yards: This parcel is within the CALFIRE State Responsibility Area and is over an acre. According to Public Resource Code 4290, all setbacks are 30 feet. Complies 8.16 Maximum height: (a) Principal structure: Thirty-five feet Not applicable. (b) Accessory structure: Twenty (20) feet. Complies 8.17 Animal Density: Not applicable. 8.18 Parking (a) Residential use: two (2) spaces Complies 8.19 Projects proposing four or fewer parcel less than 30 acres in size shall have access via an existing publicly maintained road or via a new road improved at a minimum with a processed gravel road consistent with county standards. Not applicable. 8.20 Signs Not applicable. 8.21 Notice of farming practices: Shall be required as set forth in Section 4.18 for all single-family dwellings and farm labor quarters. Not applicable. 8.22 Minimum residential construction standards: Not applicable. 8.23 Development standards exceptions: Not applicable. III. ZONING ORDINANCE ARTICLE 34 REGULATIONS FOR THE SCENIC COMBINING DISTRICT 34.11 Performance standards: The following performance standards shall apply to all land and structures in the "SC" district abutting a scenic highway or roadway as identified in the Lake County General Plan. The minimum standard shall be the development standards of the base zoning district, or the performance standards set forth in this Article, whichever is more restrictive. Exception: All agricultural uses and accessory uses including crop and tree farming, livestock grazing, animal husbandry, apiaries and aviaries are exempt from the regulations of this section, except those agricultural uses requiring a minor or major use permit in the base zoning district. (a) For single-family residential structures, mobile homes which shall be constructed according to the residential construction standards of Section 10.20 of the "R1" district: (a)(1) Minimum average lot width: Seventy (70) feet (a)(2) Minimum yards: Thirty (30) feet from all lot lines per PRC 4290 (a)(3) Maximum height: Accessory structures: 15 feet (a)(4) Maximum lot coverage: 40 (40) percent According to Article 34.4 Uses permitted, greenhouses not exceeding a use area of 5,000 square feet requires a major use permit. The applicant requests two greenhouses, totaling 2,440 square feet for use in the support of the residential use of his property. The project site is more than thirty (30) feet from all lot lines on a �8.52 acre parcel. The single-family residence is already on the parcel, near the proposed site for the greenhouses. The greenhouses will be 14'11" tall, under the fifteen foot height restriction. The project site is 271 feet from and not visible from Bottle Rock Road. (b) For all other uses and districts not provided for in Subsection (a) above: The greenhouses will be a residential accessory use. Standards are covered in the previous section. (c) General standards: (1) Siting: Structures should be sited and where feasible, distribution lines undergrounded to minimize obstruction of views of significant natural features, such as Clear Lake, Blue Lakes, Lake Pillsbury, Boggs Lake, Anderson Marsh State Park, Cobb Mountain, Mt. St. Helena and Mt. Konocti. The project site is uphill from Bottle Rock Road, hidden from view by oak, madrone and pine trees, and heavy underbrush, including manzanita bushes. It will not obstruct views of significant natural features. (2) Alterations to natural or artificial land contours shall be limited as follows: i. No major ridgelines shall be altered unless approved by the Zoning Administrator or Planning Commission. ii. Access roads shall be located to keep grading to a minimum and dust shall be controlled at all times. iii. Any contour altered by grading shall be restored by means of land sculpturing and a cover of topsoil in such a manner as to minimize runoff and erosion, prevent ponding of water, and shall be planted with plant materials native or well adapted to the area, and approved by the Zoning Administrator or Planning Commission as to require minimum care and be compatible with existing ground cover. iv. Alterations of stream beds or destruction of adjacent vegetation may be permitted only by approval of the Zoning Administrator or Planning Commission and only for protection of streambanks, reduction of erosion, elimination of traffic hazards or the preservation of the natural scenic quality of stream courses, vegetation and wildlife habitat. The proposed project does not include alteration of ridgelines, at the end of an existing graded driveway. No alteration of stream beds or adjacent vegetation is proposed. (3) Utilities Utilities are not requested with this project. IV. ZONING ORDINANCE ARTICLE 41 PERFORMANCE STANDARDS. 41.3 Exceptions: (c) The performance standards contained in the following Subsections are the required minimum. They shall not be construed as preventing the Review Authority, as part of any discretionary approval, to require more restrictive standards as deemed necessary. 41.4 Air quality: All uses shall comply with applicable local, state, and federal laws and regulations regarding contaminants and pollutants. This requirement includes, but is not 41-2 limited to, emissions of suspended particulates, carbon monoxide, hydrocarbons, odors, toxic or obnoxious gases and fumes. Not applicable. 41.5 Electromagnetic interference: Devices which generate electromagnetic interference shall be so operated as not to cause interference with any activity carried on beyond the boundary line of the property upon which the device is located. Public utilities shall comply with all applicable state and federal regulations. Not applicable. 41.6 Erosion control: The following erosion control standards shall apply to all development projects in commercial or industrial zoning districts: (a) The smallest practical area of land shall be exposed at any one time during development. Exposure of land is not proposed in this project. The project site is on land which has already been leveled. (b) When land is exposed during development, the exposure shall be kept to the shortest practical period of time. See above. (c) Natural features such as trees, groves, natural terrain, waterways, and other similar resources shall be preserved where feasible. The proposed structures will be placed on land has already been cleared, near the residence. (d) Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development. Temporary vegetation and/or mulching are not addressed in the site plan. (e) The permanent final vegetation and structures shall be installed as soon as practical in the development. Not applicable. (f) Wherever feasible the development shall be fitted to the topography and soils to create the least erosion potential. Complies. (g) Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. See above. (h) Sediment basins (debris basins, desilting basins, or silt traps) shall be installed and maintained to remove sediment from runoff waters from land undergoing development where needed. Not applicable. 41.7 Fire and explosion hazards: All uses involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials shall comply with all applicable local, state and federal safety standards and shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire suppression equipment. The use or storage of hazardous materials is not indicated in the project description. 41.8 Glare and heat: (a) All exterior lighting accessory to any use shall be hooded, shielded or opaque. No unobstructed beam of light shall be directed beyond any exterior lot line. Buildings and structures under construction are exempt from this provision. Exterior lighting is not proposed. (b) No use shall generate heat so that increased ambient air temperature or radiant heat is measurable at any exterior lot line. Complies 41.9 Landscaping standards: (a) General: All undeveloped land areas shall be maintained in permanent vegetative cover, or alternatively be landscaped with a combination of materials to control runoff. All yards shall be landscaped such that there shall be no accumulation of silt, mud, or standing water causing unsightly or hazardous conditions, either within the yard or on adjacent properties, public roads, or sidewalks. Complies (b) Standards of uses permitted in the "R3", "PDR", "PDC", "CH", "CR", "C1", "C2", "C3", "M1", "M2", and "MP" districts: The following recommended landscaping standards shall be required unless an alternative landscaping plan is approved or waived by the Review Authority which meets the intent of this Article. 1. Minimum required landscaping per parcel: All development shall include an area or areas of the parcel for landscaping to serve as a visual screen and/or provide an increased aesthetic environment; except where street frontages are occupied by existing development. Not applicable. 2. The front of the lot shall be landscaped with a minimum of a ten (10) foot wide planted area but not so as to obstruct traffic or reduce sight distance at any driveway or intersection, unless because of the location or design of existing development, or appropriate site planning would make adherence to this standard result in development inconsistent with the purposes of Subsection (b) 1 above, in which case, an alternative landscape plan may be approved by the Review Authority. The landscaping may be interrupted by building entrances or exits and driveways. The front of the lot is steeply sloped and covered in trees and brush. The project site is not visible from Bottle Rock Road. 3. When abutting any residential district side yard: N/A 4. When abutting any residential district rear yard: N/A 5. Where a parking lot contains ten (10) or more spaces and is visible from a street, not less than five (5) percent of the parking lot, excluding the area of the landscaped strip required by Subsection (b) 2 shall be landscaped. Such landscaping shall be distributed through the parking lot and shall not be concentrated in any one area. Landscaping shall be computed on the basis of the total amount of parking and driveways provided (except spaces provided for enclosed vehicle storage areas). Not applicable. 6. For landscaping required for parking lots in Subsection (b) 5 above, protective measures including but not limited to concrete curbing, railroad ties, or decorative rock shall border all landscaped area. Not applicable. 7. Existing or indigenous plant materials that meet the requirements of this section may be counted as contributing to the total landscaping required when located within the proposed use area. Not applicable. 8. Minimum plant size: Unless otherwise specifically indicated elsewhere all plant materials shall meet the following minimum standards as indicated in Table 9.1: Table 9.1 Minimum plant size: Plant material type Planting in areas abutting residential property or street All other plantings Canopy tree 1 1/2 inch caliper 1 1/2 inch caliper Single stem 10 feet (height) 6 feet (height) Multiple stem 1 1/2 inch caliper 4 feet (height) Understory tree 5 feet (height) 3 feet (height) Evergreen tree 5 gallon container 1 gallon container Shrubs Deciduous 5 gallon container 1 gallon container Evergreen 5 gallon container 1 gallon container Landscaping is not part of the proposed project. V. GENERAL PLAN Rural Residential This land use category is designed to provide single-family residential development in a semi-rural setting. Large lot residential development with small-scale agricultural activities is appropriate. Typical uses permitted by right include single family residences; crop production; raising of poultry, rabbits, and other small animals for domestic use; raising of bovine animals, horses, sheep, and goats for domestic use; and sale of crops produced on the premises. Typical uses permitted conditionally include agricultural-related services and recreational facilities. The applicant proposes to construct two greenhouses, totaling 2,440 square feet, for his own personal agricultural use. Commercial agricultural use is not proposed with this project. VI. AREA PLAN The Cobb Area Plan was adopted in 1990. It identifies Bottle Rock Road as a scenic resource, "This highway provides spectacular panoramic views of the northern portion of Lake County's geothermal development area. Many of the area's major mountain peaks are included in Bottle Rock Road's viewshed." The scenic combining district was applied to both sides of Bottle Rock Road as a result of the Cobb Area Plan. Other than protection of the valuable viewsheds, and a lower height allowance, the area plan does not restrict residential accessory uses beyond the standards set by the base zoning designation of Rural Residential. VII. ENVIRONMENTAL ANALYSIS Section 15303 of the California Environmental Quality Act describes Categorical Exemption Class 3 New Construction or Conversion of Small Structures, including but not limited to: "(e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences." Due to the small size of the requested project, and its residential accessory use, staff recommends the approval of a categorical exemption. VIII. ZONING ORDINANCE ARTICLE 51 MAJOR USE PERMIT FINDINGS 51.4 Findings required for approval: (a) The Review Authority may only approve or conditionally approve a major use permit if all of the following findings are made: 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. It is Staff's position that the project will not be detrimental to the health, safety, morals, comfort and general welfare of the neighboring community, nor detrimental to property and improvements in the neighborhood, nor 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. The applicant proposes 2,440 square feet of structure on a �8.52 acre parcel. It is within the maximum lot coverage allowances of both the Rural Residential and the Scenic Combining standards. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. This project will not increase impacts on Bottle Rock Road. 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. The project site is served by an on-site well and septic system. The proposed use should not impact public or private services. 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. The proposed construction of two greenhouses is a residential accessory use consistent with the Rural Residential and Scenic Combining zoning districts. Residential accessory uses are permitted in the General Plan and the Cobb Area 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. The department has no record of current violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code in connection with the project site. XIV. RECOMMENDATION Staff recommends the Planning Commission approve the project with the modifications suggested by staff, with the following findings: A. Find that this project is categorically exempt from CEQA as a Class 3 exemption with the following findings: 1. This project is consistent with CEQA Categorical Exemption, Class 3, which consists of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures are the maximum allowable on any legal parcel. 2. This project remains consistent with the Lake County General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. 3. This project will not result in any significant adverse environmental impacts. B. Approve Use Permit UP 17-02 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. Reviewed by:_ _________ FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: Sample Motions: Categorical Exemption I move that the Planning Commission find this Major Use Permit, UP 17-02 is exempt from CEQA because it falls within Categorical Exemption Class 3. Major Use Permit Approval I move that the Planning Commission find that the Major Use Permit (UP 17-02) applied for by Lawrence Johnson on property located at 11322 Bottle Rock Road, Cobb, does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption which was adopted for this project and the Major Use Permit be granted subject to the conditions and findings listed in the staff report dated April 14, 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 - Item #4 FROM: Robert Massarelli, AICP DATE: March 28, 2017 SUBJECT: Resolution of Intent of Amending Article 72 of the Zoning Ordinance EXECUTIVE SUMMARY: At the March 21, 2017 workshop, the Board of Supervisors provided direction regarding the regulation of cannabis in the county. Part of that direction was to expand Article 72 to include "RL" Rural Lands zoning district in addition to "A" Agriculture zoning district as to where the outdoor cultivation of medical cannabis would be allowed. Article 72 does not include a permitting system and therefore there is no means for the County to know what cultivation sites are in compliance. The Board directed the staff to amend Article 72 to include a self-certification of compliance program. The selfcertification would be verified by a compliance monitoring inspection. The intent of the Board of Supervisors is to allow those who are in compliance with Article 72 to be given priority in the implementation of a pilot program for the new cannabis ordinance that is under development. Those in compliance with Article 72 with a tier 3 permit from the state water board would be given first priority, those with a tier 2 permit would be given second priority, and those with a tier 1 permit would be given the next priority. In order to amend the zoning ordinance a resolution of intent must be adopted by the Board of Supervisors or the Planning Commission. Attached is the proposed resolution of intent. The staff recommends approval of the resolution of intent FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION: