Planning Commission — Thursday, March 9, 2017

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director Prepared by: Peggy Barthel, Assistant Resource Planner DATE: February 23, 2017 SUBJECT: Lake County Watershed Protection District General Plan Conformity Report GPC17-02, Adobe Creek Conjunctive Use Project at Highland Springs Reservoir Supervisorial District 4 EXECUTIVE SUMMARY: I. PROJECT DESCRIPTION Project Name: Adobe Creek Conjunctive Use Project Applicant: Lake County Watershed Protection District 255 N Forbes St., Lakeport, CA 95453 Project Summary: Lake County Watershed Protection District proposes to modify the primary spillway on Highland Creek Dam to allow more water storage behind the dam, up to 900 acre feet, to allow Big Valley groundwater recharge in spring and fall months and to supplement spring flow to create an improved spawning and rearing condition for the Clear Lake hitch in Adobe Creek. Modification comprises the installation of seven gates on top of the primary spillway, hydraulically powered from a small control house to be built on the crest of the dam. Location: Highland Creek Dam at 3600 E Highland Springs Road approximately 3.5 miles south of the intersection of Hwy 29 and Highland Springs Road, Kelseyville, CA. APN: 007-043-01 Zoning: "O" Open Space General Plan: Public Lands II. GENERAL PLAN CONFORMITY ANALYSIS Lake County Watershed Protection District (District) manages the Highland Creek Dam and Highland Springs Reservoir as integral parts of the flood control utility system for regulation of flows of Highland and Adobe Creeks. The District also manages the area for recreational use including, fishing, swimming, boating, picnicking, and hiking and other trail use. The proposed conjunctive use project will result in an increase to the surface area of Highland Springs Reservoir and the riparian zone around the lake. Because the new operating regime will increase water level at certain times, it will change the immediate recreational use at the water's edge. It will be necessary to relocate the portable lakeside picnic facilities and parking to higher ground of which there is ample. As proposed, the project will not detract from recreational usage. The Lake County General Plan includes several goals, policies, and implementation measures supporting the protection of groundwater and conservation of habitats used by threatened species: A. Public Facilities and Services Goal PFS-4 "To ensure the management of stormwater in a safe and environmentally sensitive manner through the provision of adequate storm drainage facilities to protect people and property and maintain the quality of receiving waters." 1. Policy PFS-4.2 Development Requirements "The County shall encourage project designs that minimize drainage concentrations and impervious coverage, compliment groundwater recharge, avoid floodplain areas, and where feasible, be designed to provide a natural watercourse appearance and that maintain natural watershed functions." The ACCU project will provide greater storage of stormwater in order to enable managed release for the purpose of maximum recharge. 2. Implementation Measure PFS-8.0 "The County shall work with the Corps of Engineers and other appropriate agencies to develop stormwater retention/detention and recharge facilities to enhance flood protection and improve groundwater recharge." The ACCU project is designed to improve groundwater recharge as well as to improve the spawning and rearing conditions of the Clear Lake hitch. B. Open Space, Conservation and Recreation Goal OSC-1 "To preserve and protect environmentally sensitive significant habitats, enhance biodiversity, and promote healthy ecosystems throughout the County." 3. Policy OSC-1.1 Protection of Rare and Endangered Species "The County should ensure the protection of environmentally sensitive wildlife and plant life, including those species designated as rare, threatened, and/or endangered by State and/or Federal government." The ACCU project is designed to improve the spawning and rearing conditions of the Clear Lake hitch. 4. Policy OSC-1.6 Management of Wetlands "The County shall support the management of wetland and riparian plant communities for passive recreation, groundwater recharge, and wildlife habitats." The ACCU project is designed to improve groundwater recharge. Changes in reservoir operation would be implemented gradually to give the riparian vegetation time to adapt to changes in water levels and establish new plants higher on the banks. C. Water Resources Goal WR-1 "To provide for the current and long-range water needs of the County and for the protection of the quality and quantity of groundwater resources." 5. Policy WR-1.1 Continued Recharge of Groundwater Basin "In known groundwater recharge areas, the predominant land use and resource activities should allow for the continued recharge of the groundwater basin and protect groundwater quality." The ACCU project is designed to improve groundwater recharge. Goal WR-4 "To manage the water resources in Lake County's diverse watersheds and develop new sources of surface water and enhance groundwater recharge." 6. Policy WR-4.1 Watersheds "The County shall support and attempt to obtain funding for locally based watershed programs, planning efforts, and projects located within the County. Where possible and practicable, watershed efforts shall be coordinated with other local planning and implementation programs." The attached CEQA review is part of the application materials for the grant application submitted to the Wildlife Conservation Board through the Proposition 1 grant funding program. 7. Policy WR-4.3 Use of Storm water runoff "The County will incorporate, through approval, design and siting, actions to more efficiently use storm water runoff in a manner that supports the County's existing watersheds and streams, which serve a critical groundwater recharge function." The ACCU project is designed to improve groundwater recharge as well as to improve the spawning and rearing conditions of the Clear Lake hitch. III. KELSEYVILLE AREA PLAN CONFORMITY The Kelseyville Area Plan notes in the Hydrology section of the Natural Resources chapter, that "Management of the creeks and recharge areas should consider the limited groundwater supply and improve the recharge possibilities." The ACCU project is designed to improve groundwater recharge. IV. ENVIRONMENTAL ANALYSIS A CEQA Initial Study for this project was completed in 2002. That Study and its resulting comments were used to complete Initial Study IS16-19 (Attachment 2) due to the changes that have taken place over the years that have added impact categories to the CEQA checklist. Recommendations and mitigation measures provided in IS16-19 were incorporated into the Mitigation and Monitoring Plan to reduce impacts to sensitive species potentially existing in the project area. An archaeological records search and survey for the project site was conducted; no cultural resources were found. Permit conditions will be imposed by the California Department of Fish and Wildlife and the State Water Resources Control Board, Water Rights Division. 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 Changes in reservoir operation would be implemented gradually to give the riparian vegetation time to adapt to changes in water levels and establish new plants higher on the banks. The loss of oak trees in the riparian zone due to increase in water level and longer inundation, will be mitigated by planting oak trees up slope of the new shoreline. 2. AGRICULTURE AND FORESTRY RESOURCES No potentially significant impacts were identified. 3. AIR QUALITY No potentially significant impacts were identified. 4. BIOLOGICAL RESOURCES The 2002 Initial Study found no suitable habitat for the foothill yellow-legged frog. Bell's sage sparrow would not be found in the habitat immediately affected by the project. The tricolored blackbird has the potential to increase its population because the shoreline of the reservoir and the riparian zone will increase in size. The Clear Lake hitch will be the primary beneficiary of the increased water flow in Adobe Creek resulting from this project because of the improved fish spawning habitat. By allowing more water storage it is possible that the resident population of hitch in the reservoir may benefit by the increased depth and spawning grounds. The project has the potential to impact western pond turtles in Highland Springs Reservoir. The new dam operating regime could adversely affect the percentage of basking sites, water depth and predation. Gradual implementation of reservoir operation changes will allow wetland and riparian habitat to naturally move to the higher elevation. The oak trees lost due to water level increase shall be left and situated in a manner to provide basking sites for the western pond turtle. The 2002 Initial Study found the California yellow warbler to have a determination of "potentially significant impact." This species of bird is on the 2016 Special Animals List. This bird is a Species of Special Concern when nesting. Nesting pairs are unlikely to be found in the project impact area. The mitigation and monitoring plan includes a pre-construction survey for the species. Some oak trees in the riparian zone are expected to be lost due to increase in water level. An oak tree planting plan is required by the mitigation and monitoring plan. Any impact to animals will be short-term only. In the long-term the project will have a positive impact because of the greater shoreline of riparian habitat. Riparian and aquatic habitats downstream of Highland Springs Reservoir may benefit from the additional in-stream flows provided by the project during the seasonally dry months. A Section 1601 Streambed Alteration Agreement will be required by California Department of Fish & Wildlife (CDFW). CDFW may also require an Endangered Species Act (ESA) Incidental Take permit. 5. CULTURAL RESOURCES The Eastern Pomo inhabited the project area. No archaeological sites have been identified in the area of project impact. Project construction is associated with the current footprint of Highland Creek Dam. There is no possibility of disturbance to heretofore undiscovered archaeological resources with the possible exception of exposure of submerged resources. The new dam operating regime could expose previously-submerged artifacts that might then be vulnerable to vandalism. The Pomo Indian tribes will be given the opportunity at the time of operational drawdown to observe the newly-exposed shoreline to search for artifacts. 6. GEOLOGY AND SOILS No potentially significant impacts were identified. 7. GREENHOUSE GAS EMISSIONS No potentially significant impacts were identified. 8. HAZARDS & HAZARDOUS MATERIALS No potentially significant impacts were identified. 9. HYDROLOGY & WATER QUALITY No potentially significant impacts were identified. 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 The park facilities around the Highland Springs Reservoir include a boat ramp, picnicking and parking facilities. These limited facilities are regularly inundated during winter and spring flood control operations but are available for use during summer. The parking and picnicking facilities, picnic tables and trash cans, will be relocated to the adequate, available space above the new higher shoreline. Some of the shade trees around the reservoir may die due to the new, prolonged inundation but will be replaced with trees above the new shoreline. 15. RECREATION No potentially significant impacts were identified. 16. TRANSPORTATION/TRAFFIC Reduction in adequate parking capacity at Highland Springs Recreational Park will be avoided by relocating the lakeside parking upslope from the existing parking area to be flooded by the new reservoir operating regime. There is adequate parking capacity for vehicles of construction workers. 17. UTILITIES & SERVICE SYSTEMS The project will require a new Appropriative Water Right Permit from the State Water Resources Control Board, Division of Water Rights ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Planning Commission take the following actions: A. Adopt a mitigated negative declaration for the Adobe Creek Conjunctive Use Project with the following findings: 1. Potential environmental impacts related to the project have been mitigated to insignificant levels by CEQA mitigation measures specified in the Mitigation and Monitoring Plan. 2. The project is consistent with the Lake County General Plan, the Kelseyville Area Plan, and the Zoning Ordinance. 3. The project has potential to result in adverse impacts to wildlife and, therefore, is subject to the California Department of Fish and Wildlife filing fee. 4. As mitigated, this project will not result in any significant adverse environmental impacts. B. Report that the Adobe Creek Conjunctive Use Project at the Highland Creek Dam and Highland Springs Reservoir is in conformity with the Lake County General Plan with the following findings: 1. The proposed project is consistent with the Public Lands land use designation of the General Plan. 2. The proposed project is consistent with Lake County General Plan goals and policies related to Public Facilities and Services, Open Space, Conservation & Recreation, Water Resources, and to the health and safety of the residents and property of Lake County. 3. The proposed project is consistent with the Kelseyville Area Plan policy to improve the recharge possibilities within the Planning Area. Sample Motions: A. Proposed Mitigated Negative Declaration I move that the Planning Commission find that on the basis of the Initial Study 16-19 prepared by the Planning Division and the mitigation and monitoring plan that has been added to the project, that the Adobe Creek Conjunctive Use Project, as applied for by the Lake County Watershed Protection District, 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 February 23, 2017. B. General Plan Conformity I move that the Planning Commission report that the Adobe Creek Conjunctive Use Project as proposed by the Lake County Watershed Protection District is in conformity with the Lake County General Plan with the findings listed in the Staff Report dated February

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Robert Massarelli, Community Development Director Prepared by: Keith Gronendyke, Associate Planner DATE: January 27, 2017 SUBJECT: Administrative Appeal of Categorical Exemption CE 16-64 Supervisor District 5 EXECUTIVE SUMMARY: I. PROJECT DESCRIPTION Project Name: Chien-LeValley Administrative Appeal Application: Administrative Appeal (AA 16-02) Appellant: Diana Chien-LeValley Project Summary: Laurie Dohring, the president of the Bell Haven Homeowners Association, made a determination that the Lakebed Encroachment permit which was applied for qualifies for a Class 2 California Environmental Quality Act exemption and issued a Notice of Exemption for Categorical Exemption (CE 16-64) for the removal of the existing facilities consisting of a long pier with docking facilities at the end and the subsequent construction of a five foot by two-hundred foot walkway, a fifteen and one-half foot by twenty-nine foot covered boat lift and a twenty-four foot by twenty-four foot sitting pavilion and floating dock. These facilities also would require the driving of twenty-one new pilings into Clear Lake. Location: 6460 Soda Bay Drive, Kelseyville CA APN: 044-030-01, 044-040-01, 044-050-01 and 044-070-01 Parcel Size: .27 acres (18,295 sq. ft.) total of combined parcels associated with the Bell Haven Homeowners Association Land Use: All parcels Public Facilities (General Plan Designation) Zoning: All parcels Open Space Flood Zone: N/A Slope: N/A Prior Permits: Prior permits include a Variance (VR01-01) to allow the existing facilities to be constructed eighty-two feet beyond the maximum distance of one-hundred feet past Zero Rumsey as stipulated by the County of Lake's Shoreline Ordinance. This variance was approved by the Planning Commission in 2001. Additionally, a building permit to construct the proposed facilities also has been applied for, but has not been issued because of the appeal filed by Ms. Chien-LeValley. II. APPEAL BACKGROUND The appellant, Diana Chien-LeValley appealed staff's environmental determination to issue a Class 2 Categorical Exemption for the Lakebed Encroachment Permit. The appeal states that the proposed project will have a significant effect on the environment and, thus, should require further environmental review in the form of an Initial Study. The appellant cites the large size of the proposed structure and it's determined environmental effects as being factors to determine that the project is not categorically exempt from the requirements of CEQA. Ms. Chien-LeValley also cited the high cost of the proposed structure as being an issue, although cost does not apply to CEQA reviews. III. SHORELINE ORDINANCE SECTION 23-4 PERMIT PROCEDURE 23-4.4 Application Requirements (A) Applicants for any permit required pursuant to the terms of this chapter shall submit the application and information required to Lakebed Management. No permit shall be issued unless the application is complete and there is compliance with all the requirements of this chapter. Provided to Water Resources Department (B) Information Report (1) Applicants for any permit required pursuant to the terms of this chapter shall provide such information and reports as are required by Lakebed Management. In establishing the information and reports that shall be provided, Lakebed Management shall require such information and reports as will demonstrate the applicant's compliance with the provisions of this chapter and as will adequately depict: (a) the site; Provided to Water Resources Department (b) The proposed construction or use and the nature thereof; Provided to Water Resources Department (c) Existing conditions on and near the site; Provided to Water Resources Department (d) Probable effects on the environment of the proposed construction or use; Not provided to the Department of Water Resources. (e) Wetlands in the area; A review of the County of Lake's GIS database indicates that there are no wetlands identified in the project vicinity. (f) The location of the property lines relative to the proposed project; Provided to the Water Resources Department (2) Lakebed Management shall require a site water quality plan to be prepared that will detail procedures for containment when control of pollutants and/or erosion is required. N/A (3) Lakebed Management shall submit permit applications to the Community Development Department for CEQA review. All of the Permit application materials were submitted to the Community Development Department on August 28, 2016. These included the Request for CEQA Review form, a site plan with details of the proposed facilities and other information that is appurtenant to the project. (see attachment 4 of this report). (4) When the Community Development Department determines that the proposed construction or use, because of its sensitive nature or proposed location, poses potentially significant environmental hazards, it shall require the applicant to provide such scientific analysis and expert opinion as will adequately explore the same. The existing facilities consist of a long pier/dock, but is not nearly as wide as the proposed facilities (see attachment 3 of this report). The proposed facilities are proposed to consist of a five foot by two-hundred foot walkway, a fifteen and one-half foot by twenty-nine foot covered boat lift and a twenty-four foot by twenty-four foot sitting pavilion and floating dock. These facilities also would require the driving of twenty-one new pilings into Clear Lake. Staff determined that the project would not pose a significant hazard to the environment and prepared a Categorical Exemption (16-64 CE) for the project under Section 15302 Replacement or Reconstruction as the structure was being replaced by a structure approximately fifty-five feet wider than what already exists. While the new structure is significantly wider than the existing one, its length is to be the same. As such, the impacts can be expected to be similar. This determination was made with the assistance of Water Resources and Public Works Department staff along with previous experience conducting analysis of other proposed boating facilities around the perimeter of Clear Lake. (a) This information may be required in the form of an Initial Study or Environmental Impact Report pursuant to the requirements of the California Environmental Quality Act (CEQA). As noted above, staff determined that this project was exempt from the requirements of CEQA, as it will not have any significant effects on the environment and thus qualifies for a Categorical Exemption (� 15302). An initial study nor Environmental Impact Report was determined by staff not to be required. (b) The Community Development Department may also require other information, feasibility studies, reports or environmental studies consistent with the Lakebed Encroachment Permit Environmental Review Policy as are reasonably necessary to evaluate shore zone applications. The Community Development Department determined that the application materials contained sufficient information for staff to make a determination as to the possible environmental impacts of the project to the environment. As such, a Categorical Exemption was determined to be appropriate for the proposed boating facilities. 4.5 Rejection of Application. Any application for an Administrative Encroachment Permit submitted without sufficient information to adequately review a proposal or use may be rejected by Lakebed Management Pursuant to Section 65943 of the Government Code. Any such rejection may be appealed to the Planning Commission or the Board of Supervisors pursuant to Section 23-4.10 for a decision on the adequacy of the application. The Department of Water Resources of the Department of Public Works has not made a determination to reject the Administrative Encroachment Permit. IX. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Based upon staff's review of submitted application materials it was determined that the project falls within a CLASS 2 CEQA exemption and staff issued a Notice of Exemption (attachment 5 of this report). ..Recommended Action RECOMMENDED ACTION: Staff recommends that the Planning Commission deny the Administrative Appeal AA 16-02 with the following findings: 1. This project qualifies for a Class 2 exemption from CEQA, "Replacement or reconstruction of existing structures and facilities where the new structures will be located and will have a substantially the same purpose and capacity as the structure replaced". Sample Motion: Appeal Denial I move that the Planning Commission deny the administrative appeal, AA 16-02, of the approval of Categorical Exemption, CE 16-64 with the findings listed in the staff report dated February 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:________