Planning Commission — Thursday, October 24, 2024

The County of Lake, in coordination with the California Department of Transportation (Caltrans), proposes replacing the existing Wolk Creek Bridge (Bridge No. 14C-0049) to improve public safety. The bridge was construction in 1967 and has a sufficiency rating of 60.1 (out of 100) and has been designated as functionally obsolete per the Caltrans Structure Maintenance & Investigations, Local Agency Bridge List (March 20191). The functionally obsolete designation is a result of the insufficient deck width. Wolf Creek Road is a two-lane road, and the clear width of the existing bridge is too narrow to support standard lane and shoulder widths for a two-lane facility. Additionally, the existing bridge fails to meet the current Caltrans design standard for freeboard requirements. Hydraulic studies indicate that the existing bridge may be overtopped during a 100-year storm event. The bridge is in unincorporated Spring Valley in Lake County, approximately 5.4 miles northeast of State Route 20; Quad: Benmore Canyon T14N, R07W, Section 11 Universal Transvers Mercator Zone 10 (39.082336, -122.604181). Temporary construction easements may be required on parcels adjacent to the bridge. Construction staging to occur within public rights-of ways along Spring Valley Road and with easements at APNs 062-101-01, 062-102-01, and 062-092-03. A temporary water crossing may be required at APN 062-101-01. Figure 1 shows an approximate location of the project site; Figure 2 provides an aerial image of the Project site Funding for the project comes from the Federal Highway Administration (FHWA) through the Federal Highway Bridge Program. The responsibilities of the FHWA, Caltrans, and Lake County are covered in Caltrans' Local Assistance Procedures Manual in Chapter 2. As required by the Caltrans 23 USC 327 NEPA Assignment MOU between the FHWA and Caltrans, in addition to planning and permitting Caltrans is responsible for compliance with the National Environmental Policy Act (NEPA) while Lake County as the Local Public Agency (LPA) is responsible for compliance with the California Environmental Quality Act (CEQA). Caltrans has reviewed the preliminary details of the project and supports a full replacement scope. The purpose of the proposed project is to provide a replacement structure that is consistent with appropriate Caltrans structural design standards, is placed on a road alignment that meets the appropriate American Association of State Highway and Transportation Officials (AASHTO2) roadway geometry standards and is hydraulically capable of passing and clearing the design storm events (50-year storm plus 2 feet of freeboard and 100-year storm).

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 22-28) with the following findings: 1. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 and AQ-2. 2. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-17. 3. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 4. Potential environmental impacts related to Hazards & Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-3. 5. Potential environmental impacts related to Hydrology/Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures WQ-1 through WQ-9. 6. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOS-1 through NOS-6. 7. Potential environmental impacts related to Transportation can be mitigated to less than significant levels with the inclusion of mitigation measures TRAN-1. B. Staff recommends the Planning Commission, after reviewing the agenda report and receiving evidence at the public meeting, find that the Wolf Creek Bridge Replacement Project (Bridge No. 14C-0049), applied for by the Lake County Department of Public Works, located in unincorporated Spring Valley in Lake County, Quad: Benmore Canyon T14N, R07W, Section 11 UTM Zone 10 (bridge at 39.082336, -122.604181, along County rights-of-way and temporary easements on adjacent properties to the north) is in conformance with the County of Lake General Plan pursuant to California Government Code Section 65402. 1 California Department of Transportation. 2019. Structure Maintenance & Investigations. Accessed 5 August 2024 at < https://dot.ca.gov/-/media/dot-media/programs/maintenance/documents/f0009165-hs-local-a11y.pdf> . 2 American Association of State Highway and Transportation Officials --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------

The overall Valley Oaks Project includes a phased subdivision of approximately 160 acres into a variety of residential, commercial, and other parcels, and has an extensive history of subsequent entitlements and actions taken by the Planning Commission and Board of Supervisors, spanning from 2005 through 2020. For brevity, a summary of actions specifically related to the approved tentative subdivision map (SD 06-01) and proposed Final Map (SD 24-06) is provided below. The Valley Oaks Tentative Subdivision Map (SD 06-01) for the first phase of development, known as Village II, Phase 1, includes a 3.15-acre parcel (Lot 1 Grocery Outlet Parcel), another .55- acres parcel (Parcel H) and 0.54-acre parcel (Parcel G), that was approved by the Board of Supervisors on January 25, 2018 (Attachment 1). The Board of Supervisors approved an extension of the Tentative Map on May 26, 2020; October 22, 2022; and August 13, 2024, to allow the applicant additional time to complete the conditions of approval and file the final map. All of the aforementioned meetings and associated staff reports may be found online at: https://countyoflake.legistar.com/Calendar.aspx An application for the Final Map was submitted in July 2024 (Attachment 2). This first phase of the project will provide an opportunity for commercial development within the Middletown Planning Area; however, a specific development proposal is not included as a part of the Final Map. The Planning Commission will consider certifying the Final Map; and transmitting the Final Map to the County Surveyor for approval by the Board of Supervisors.

Staff recommends that the Planning Commission find the Valley Oaks Final Map (SD 24- 06) substantially conforms to the approved tentative map and the conditions imposed thereon; certify the Final Map; and transmit the Final Map to the County Surveyor for approval by the Board of Supervisors, based on the following findings. 1. All required conditions of approval from the Tentative Map have been completed. 2. The Final Map is consistent with the Lake County General Plan, Middletown Area Plan and Zoning Ordinance. 3. The Final Map is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act. 4. Per CEQA Guidelines Section 15162(a)(3), no additional environmental analysis is required because no development is proposed and there has been no substantial change in circumstances resulting in new significant environmental impacts since the EIR for the Valley Oaks Project (SCH No. 2007032030) was certified.

Using grant funding from the U.S. Department of Commerce's Economic Development Administration (EDA), the Scotts Valley Band of Pomo Indians (SVBPI) is proposing Major Use Per (UP 23-05) for development of a woody biomass facility (facility) to process and manage forest wood from in and around Lake County. The proposed woody biomass project would generate renewable energy to power the facility which may be available to downstream users in the future. The 42.6-acre parcel is owned by the Lake County Watershed Protection District (LCWPD) who has provided a long-term lease for the five acres to SVBPI. Forest materials that are pre-processed into large wood chips at 8605 Bottle Rock Road, Kelseyville, (21.2 miles south of the site) would be hauled to the project site at 755 E State Highway 20 in Upper Lake (APN 004-010-04) for additional processing to create "biochar". The biochar would be transferred back to Red Hills Bioenergy, located at 7130 Red Hills Road, Kelseyville, for use. Please refer to Attachment 1 and the Project Description section of this Staff Report for more details. Staff recommends approval of the Major Use Permit (UP 23-05) and Initial Study and Mitigated Negative Declaration (IS 23-10) (Attachment 2 with supporting documents included in Attachments 1, 4, 5, and 6) prepared for the project, based on the analysis and findings contained within this Staff Report, and subject to the Conditions of Approval for the project (Attachment 3).

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 23-10) for Major Use Permit (UP 23-05 with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-5. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-5. 4. Potential environmental impacts related to Cultural can be mitigated to less than significant with the inclusion of mitigation measures CUL-1 and CUL3. 5. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1. 6. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-6. 7. Potential environmental impacts related to Hydrology can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 and HAZ-1 and HAZ-4. 8. Potential environmental impacts related to Public Services can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-4. 9. Potential environmental impacts related to Transportation can be mitigated to less than significant levels with the inclusion of mitigation measures TRN-1 and TRN-2. 10. Potential environmental impacts related to Tribal Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measure TCR-1 through TCR-3 11. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-5 and HAZ-6. B. Approve Major Use Permit (UP 23-05) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, 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. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Upper Lake-Nice Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented.