Planning Commission — Thursday, December 15, 2022

Memorandum Item #6a. 9:05 a.m. December 15, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Eric Porter, Associate Planner DATE: December 15, 2022 RE: Consideration of Proposed Extension (UPM 20-01) of Use Permit (UP 00-06). Location: 13329 Point Lakeview Road (APN 010-007-49 and primary address), and 13455, 13433 and 13601 Point Lakeview Drive (APNs 012-066-02, 03 and 71), and 8980 Highway 29 (APN: 012-066-12), Lower Lake. (APNs 012-066-02, 03, 12 and 71) Clearlake Lava Mine ATTACHMENTS: 1. Vicinity Map 2. Reclamation Plan, November 27, 1989 3. Conditions of Approval from UP 00-06 4. June 30, 2021 Letter to Tracy Cline from Owner Van Pelt I. PROJECT DESCRIPTION. The applicant, Don Van Pelt, requests a 20 year extension of time for an existing mine, the Clearlake Lava Mine. II. BACKGROUND. The following events occurred leading to this request for a mine extension: * 1989 - Use Permit UP 89-09 was approved by Lake County for a new mine, called the Point Lakeview mine. * February 8, 2000 - Use Permit 00-06 was submitted to Lake County for a mine extension. * The extension was approved in summer 2000 through UP 00-06 and was appealed. The Board of Supervisors denied the appeal, extending the use to April 2021.February 3, 2020 - UPM 20-01 was submitted to the County. * June 30, 2021 - Owner Don Van Pelt sent a letter to County Planner Tracy Cline specifying the events that had occurred regarding the mine extension. Mr. Van Pelt asserts that because an appeal was denied by the Board of Supervisors in April 2001, the use permit extension from year 2000 was valid until April 2021. Former Community Development Director Mary Darby accepted the start date of the year 2000 extension as occurring on April 17, 2001, and the use permit is valid until April 17, 2021. The application for an extension was received on February 3, 2020, prior to the expiration date of the mine. * The conditions of approval for UP 00-06 require a new use permit to be submitted at the end of the life of the year 2000 permit; or that an extension is to be filed if the mine reclamation is not completed. The applicant has applied for an extension, consistent with condition A1 from year UP 00-06 (Attachment 3). * A Notice of Exemption (NOE) was prepared in 2021 and posted with the County Clerk's office. However, this notice was not sent to the State Clearinghouse, and there was no evidence that the extension had been granted by the County. This was confirmed by Staff by searching the OPR website for Lake County Notices of Exemption (NOE). III. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Approve a twenty-year Extension of Time (UPM 20-01) for Use Permit (UP 00-06) to original Use Permit (UP 89-09) with the following findings: 1. That there have been no changes to the uses within the Point Lakeview Mine between the time of original approval and the date of this extension. 2. That the project is compliant with the General Plan or to the Lower Lake Area Plan. 3. That the project is in substantial conformance with the originally-approved project under UP 89-09 and UP 00-06. IV. SAMPLE MOTION Use Permit Extension I move that the Lake County Planning Commission find that the Use Permit Extension, UPM 20-01, applied for by Clearlake Lava on property primarily located at 13329 Point Lakeview Road (APN 010-007-49), and 13455, 13433 and 13601 Point Lakeview Drive (APNs 012-066-02, 03 and 71), and 8980 Highway 29 (APN: 012-066-12), Lower Lake meets the requirements of Articles 19, and 60.1(c) of the Lake County Zoning Ordinance and the Use Permit extension (UPM 20-01), be granted for a period of twenty years based on the findings listed in the Staff Report dated December 15, 2022. 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's decision, 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 Planning Commission's final determination.

Memorandum STAFF REPORT Item #6b 9:10 AM December 15, 2022 TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Prepared by: LACO Associates DATE: December 15, 2022 SUBJECT: Consideration of proposed Major Use Permit (UP 20-90) and Mitigated Negative Declaration (IS 20-109) for the development of a total of 51,500 square feet of mixed light canopy area located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville (APN: 007-013- 23, 007-013-22)[MT1] ATTACHMENTS: 1 Property Management Plan 2 Project Site Plans 3 Proposed Conditions of Approval 4 Initial Study/Mitigated Negative Declaration 5 Mitigation Monitoring Reporting Program (MMRP) 6 Hydrology Report 7 Drought Management Plan 8 Greenhouse Elevations 9 Tribal and Agency Comments Received 10 Public Comments Received I. EXECUTIVE SUMMARY On October 13, 2022, the Planning Commission heard Major Use Permit UP 20-19 for Cresta Properties, LLC. After Staff presentation and public comment, Staff requested that the Planning Commission continue the item to address inconsistencies found in the Staff Report. Because there were only three Planning Commissioners present at the hearing, any action taken by the Planning Commission needed to be unanimous. The Planning Commission was not able to reach a unanimous conclusion on whether to approve, deny, or continue the item. When the Planning Commission is unable to take action, the matter is automatically denied and appealed to the Board of Supervisors for public hearing, pursuant to Section 21-58.40 of the Lake County Zoning Ordinance. On November 8, the Board of Supervisors remanded the project back to the Planning Commission for decision. The applicant, Cresta Properties, LLC, requests approval of a Major Use Permit for commercial cannabis cultivation located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, (APN: 007-013-23, 007-013-22). The combined project area is approximately 58.8 Acres and is zoned "A-SC" for Agriculture-Scenic Combining District. The applicant's proposal includes the clustering of parcels as allowed by the County of Lake Zoning Ordinance, Article 27, Section 27.13(at).1.ii.(j). In total, Cresta requests 1.18 acres of cultivation canopy area (51,500 SF). The proposed cultivation activities would consist of mixed light cultivation and would comply with all applicable County of Lake, and California Department of Cannabis Control (DCC) guidelines. Cultivation would require removal of approximately 5.8 Acres of existing vines. Staff recommends approval of Major Use Permit, UP 20-90 upon receipt of an amended site plan, and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 20-109) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-109) for Major Use Permit (UP 20-90) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measure AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measures AQ-1 through AQ-7 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-3. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-3. 5. Potential environmental impacts related to energy use can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-2. 6. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-3. 7. Potential hazards and hazardous materials impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-4. 8. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures GEO 1-3 and HAZ 1-5. 9. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 12. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 13. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-90 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. 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, Kelseyville 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. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Mitigated Negative Declaration (IS 20-109) prepared for Cresta Properties, LLC for the property located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, further described as APNs: 007-013-23 and 007-013-22 will not have a significant effect on the environment and therefore a Mitigated Negative Declaration shall be approved with the findings listed in the staff report dated October 13, 2022. Major Use Permit (UP 20-90) I move that the Planning Commission find that the amended Major Use Permit (UP 20-90) applied for by Cresta Properties, LLC on property located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, further described as APNs: 007-013-23 and 007-013-22 does meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii(g), I (ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated December 15, 2022. 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 fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination. [MT1]Revise to correct format

Memorandum Item #6c 9:15 AM December 15, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Laura Hall, Senior Planner DATE: December 15, 2022 RE: Bartlett Springs Road at Bartlett Creek Bridge Replacement Project, General Plan Conformity (GPC 22-09) Initial Study (IS 22-26) ATTACHMENTS: 1. Vicinity Map 2. Bridge Diagram 3. Site Photos 4. Initial Study IS 22-26 5. Mitigation Monitoring and Reporting Plan I. EXECUTIVE SUMMARY The purpose of this application is to evaluate a proposed bridge replacement for conformance with the Lake County General Plan. Applicant Lake County Department of Public Works is proposing replacement of the Bartlett Springs Road Bridge over Bartlett Creek (Bridge # 14C0099) to improve public safety. Bridge #14C0099 is located approximately 13.7 miles northeast of State Highway 20, in the Bartlett Springs Quad, T15N, R08W, Section 2 UTM Zone 10 (39.181913, -122.718796) (Attachment 1). Bridge #14C0099 is located in a rural area of northeast Lake County,. Bartlett Springs Road is an Off-System Local Road that connects State Route 20 with the rural area north of the Indian Valley Reservoir. Construction is anticipated to be completed in one season at a time when the creek is dry. However, depending on the creek flows at the time of construction, a temporary stream diversion may be required. Additional information is provided in Attachments 1 through 5. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt mitigated negative declaration (IS 22-26) for the Bartlett Springs Road at Bartlett Creek Bridge Replacement Project with the following findings: 1. Potential environmental impacts related to the project have been mitigated to less than significant levels as specified in the Mitigation Monitoring and Reporting Program. 2. The project is consistent with the Lake County General Plan and the Zoning Ordinance. 3. The project has potential to result in adverse impacts to wildlife and, therefore, is subject to specific mitigation measures. 4. As mitigated, this project will not result in any significant adverse environmental impacts. B. Find that the replacement of the Bartlett Creek Bridge is in conformity with the Lake County General Plan with the following findings: 1. The proposed bridge replacement is consistent with the Rural Lands land use designation of the General Plan. 2. The proposed bridge replacement is consistent with Lake County General Plan goals and policies related to Transportation and Circulation, Health & Safety, and Water Resources and to the health and safety of the residents and property of Lake County. SAMPLE MOTIONS Proposed Mitigated Negative Declaration I move that the Planning Commission find that the General Plan Conformity, GPC 22-09 for the Bartlett Springs Road at Bartlett Creek Bridge Replacement Project applied for by the Lake County Department of Public Works on property located on county-maintained right-of-way on Bartlett Springs Road, Lucerne, CA adjacent to APN 004-037-15 will not have a significant effect on the environment as a mitigated negative declaration shall be adopted with the findings listed in the Staff Report dated December 15, 2022. General Plan Conformity Report I move that the Planning Commission find that the General Plan Conformity, GPC 22-09 for Bartlett Springs Road at Bartlett Creek Bridge Replacement Project applied for by the Lake County Department of Public Works on property located on county-maintained right-of-way on Bartlett Springs Road, Lucerne, CA adjacent to APN 004-037-15 conforms to the Lake County General Plan with the findings listed in the Staff Report dated December 15, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven calendar day appeal period. If there is a disagreement with the Planning Commission's recommendation, 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: Mireya G. Turner, Community Development Department Director

Item #6d 9:20 AM December 15, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Laura Hall, Senior Planner DATE: December 15, 2022 RE: Chalk Mountain Road Over North Fork Cache Creek Bridge Replacement Project, General Plan Conformity (GPC 22-10) Initial Study (IS 22-27) ATTACHMENTS: 1. Vicinity Map 2. Bridge Diagram 3. Site Photos 4. Initial Study IS 22-27 5. Mitigation Monitoring and Reporting Plan I. EXECUTIVE SUMMARY Applicant Lake County Department of Public Works is proposing replacement of the Chalk Mountain Road Over North Fork Cache Creek Bridge Replacement Project (Bridge No. 14C-0048) to improve public safety. Bridge #14C-0048 is located in the unincorporated Spring Valley in Lake County, approximately 5.4 miles northeast of State Route 20, in the Benmore Canyon Quad T14N, R07W, Section 12 UTM Zone 10 (39.069939, -122.584140) (Attachment 1). Construction of the proposed project is anticipated to take between 4 to 8 months to complete, pending the scope of the final design and construction plans. Construction is anticipated for the spring of 2023. Additional information is provided in Attachments 1 through 5. I. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt a mitigated negative declaration for the Chalk Mountain Road over North Fork Cache Creek Bridge Replacement Project with the following findings: 1. Potential environmental impacts related to the project have been mitigated to insignificant levels as specified in the Mitigation Monitoring and Reporting Program. 2. The project is consistent with the Lake County General 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 replacement of the Bartlett Springs Road at Bartlett Creek Bridge Replacement Project is in conformity with the Lake County General Plan with the following findings: 1. The proposed bridge replacement is consistent with the Rural Lands land use designation of the General Plan. 2. The proposed bridge replacement is consistent with Lake County General Plan goals and policies related to Transportation and Circulation, Health & Safety, and Water Resources and to the health and safety of the residents and property of Lake County. SAMPLE MOTIONS Proposed Mitigated Negative Declaration I move that the Planning Commission find that the General Plan Conformity, GPC 12-10 for the Chalk Mountain Road Over North Fork Cache Creek Bridge Replacement Project applied for by the Lake County Department of Public Works on property located on county-maintained right-of-way on Chalk Mountain Road, Clearlake Oaks, CA adjacent to APNs 062-471-01, 02, 03, 062-481-03, 05 will not have a significant effect on the environment as a mitigated negative declaration shall be issued with the findings listed in the Staff Report dated December 15, 2022. General Plan Conformity Report I move that the Planning Commission find that the General Plan Conformity, GPC 12-10 for Chalk Mountain Road Over North Fork Cache Creek Bridge Replacement Project applied for by the Lake County Department of Public Works on property located on county-maintained right-of-way on county-maintained right-of-way on Chalk Mountain Road, Clearlake Oaks, CA adjacent to APNs 062-471-01, 02, 03, 062-481-03, 05 is in conformity with the Lake County General Plan with the findings listed in the Staff Report dated December 15, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven calendar day appeal period. If there is a disagreement with the Planning Commission's recommendation, 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

Memorandum Item #6e 9:25 a.m. December 15, 2022 requested continuance to January 12, 2023 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Eric Porter, Associate Planner DATE: December 15, 2022 SUBJECT: Scotts Valley Band of Pomo Indians, Parcel Map (PM 22-02) and Initial Study (IS 22-39). Request to divide one �34 acre lot into four (4) �five-acre parcels zoned Rural Residential, and one (1) �14-acre remainder lot zoned Highway Commercial. Location: 7130 Red Hills Rd, Kelseyville. (APN: 009-021-07) ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Proposed Conditions 4. Parcel Map 5. Initial Study (IS 22-39) I. EXECUTIVE SUMMARY. The applicant seeks a four lot subdivision to create four 5+ acre lots on a split-zoned property, and one remainder lot of �14 acres. The affected area is a 20 acre portion of the 34 acre lot that is zoned "RR-SC", Rural Residential-Scenic Combining. The �14 acre remainder portion of the property is zoned "CH-DR", Highway Commercial-Design Review. An Initial Study has been prepared for this application, and resulted in a Negative Declaration with no new mitigation measures proposed. Recommendation. Adopt Initial Study (IS 22-39) and approve parcel map (PM 22-02). II. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt the Initial Study (IS 22-39) with the following findings: 1. That this land division will not result in new environmental impacts. 2. Potential adequate water and septic systems shall be provided on parcels 1, 2 3 and 4 prior to development of these lots, and the applicant shall coordinate with Environmental Health to revise the map to accurately depict the locations of existing and future septic systems prior to map recordation. 3. This project is consistent with land uses in the vicinity. 4. This project is consistent with the County of Lake General Plan, Zoning Ordinance, Riviera Area Plan, and the Subdivision Ordinance. 5. This proposal is consistent with the California Subdivision Map Act. 6. The project will not result in impacts to fish and wildlife habitats. B. Approve PM 22-02 subject to conditions and with the following findings: 1. This project is consistent with the County of Lake General Plan, the Lake County Zoning Ordinance, the Riviera Area Plan, and Chapter 17 of the County Code (the Subdivision Ordinance). 2. This project is consistent with the California Subdivision Map Act. Sample Motions: Adoption of Initial Study I move that the Planning Commission find that on the basis of the Initial Study (IS 22-39), the parcel map by the Scotts Valley Band of Pomo Indians for property located at 7130 Red Hills Road, Kelseyville (APN 009-021-07), will not have a significant effect on the environment, and that the Initial Study IS 22-39 be adopted with the findings listed in the staff report dated January 12, 2023. Tentative Parcel Map Approval I move that the Planning Commission approve the tentative parcel map (PM 22-02) submitted by the Scotts Valley Band of Pomo Indians for property located at 7130 Red Hills Road, Kelseyville (APN 009-021-07), is in conformance with the provisions of the Lake County General Plan, the Subdivision Map Act, Chapter 17 "Subdivisions" of the Lake County Code, and the Riviera Area Plan; and upon that basis, approve the tentative parcel map based on the findings and subject to the conditions listed in the staff report dated January 12, 2023. NOTE: The applicant or any interested person is reminded that the subdivision ordinance provides for a fifteen (15) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the fifteenth calendar day following the Commission's final determination.

Memorandum Item 6f 9:30 a.m. December 15, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: December 15, 2022 SUBJECT: Valley Oaks Amended Vesting Tentative Subdivision Map (PM 21-31) (commercial land). Land Division to create three new commercial parcels. Location: 18426 S. Highway 29, Middletown. APN: 014-260-51. ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Proposed Tentative Map Conditions 4. Vacant 5. Revised Tentative Subdivision map 6. Final Environmental Impact Report (FEIR) Addendum 7. Emergency Access Easement 8. Emergency Access Easement Map I. EXECUTIVE SUMMARY. The applicant is proposing to divide a 150 acre parcel to create one 2.56 acre parcel ("Lot 3") containing the Grocery Outlet store, Lot 1 (0.79 acres) and Lot 2 (1.27 acres) and a remainder parcel consisting of approximately 145.5 acres. This phased land division is not intended to supersede or replace the Valley Oaks Subdivision. The site will be served by Hidden Valley Lake Water and Sewer District, and by PG&E for power needs. The site will use South Lake Refuse for solid waste collection. The site is served by the Lake County Sheriff's Department, and by CalFire. II. BACKGROUND The Valley Oaks sites are located within the Middletown Area Plan. The original review process included a County of Lake General Plan Amendment (GPAP 05-03), General Plan of Development (GPD 05-01), Rezone (RZ 05-02) from Agricultural District (A) to Planned Development Residential (PDR) and Planned Development Commercial (PDC) Districts. On January 25, 2018, the Planning Commission approved a tentative subdivision map for the division of approximately 150 acres to create 380 residential lots and one large commercial lot. The 47 acre commercially-zoned lot was subsequently approved for a new 18,000 sq. ft. Grocery Outlet store. The developer has applied for a land division to separate the lot containing Grocery Outlet and two other commercial lots from the 47 acre commercially-zoned parcel. Grocery Outlet Use Permit On February 18, 2020, a Use Permit for Specific Plan of Development (UP 19-09) was approved by the Planning Commission for the first stage of the commercial development. The development consisted of an 18,000 sq. ft. building for use by Grocery Outlet on the 47 acre commercially zoned portion of the Valley Oaks development. Construction of the Grocery Outlet store has been completed. Valley Oaks Amended Vesting Tentative Subdivision On November 22, 2021, the applicant applied for this land division to create three commercially zoned properties, including a free-standing lot for Grocery Outlet's building and parking area. This land division is not intended to supersede or replace the Valley Oaks Subdivision. If approved, the land division will create three individual lots regardless of whether the subdivision's final map is recorded. The applicant has stated that the purpose of the land division is to enable the developer to sell the lots, including the Grocery Outlet property to Grocery Outlet; the sales revenue will help to finance development on the other two commercial properties. Any development that occurs on the two vacant commercial parcels created by this action will require a major use permit because of the PDC zoning, which requires a major use permit for any new development in the form of a Specific Plan of Development. Traffic impacts associated with the two vacant lots that would be created will be evaluated when each vacant lot seeks to develop. V. RECOMMENDATION Staff recommends that the Planning Commission: A. Accept this project under the original FEIR and Addendum with the following findings: 1. That this land division is consistent with the original FEIR for Valley Oaks, and with the Addendum to the FEIR that was prepared in 2019 for the Grocery Outlet store. 2. Potential environmental impacts related to all categories of impacts as found in CEQA Table G resulting from this land division are less than significant, and there are no capacity or level-of-service issues with power, water, sewer or roads that will serve this project. 3. Potential water and sewer supply needs are met for lot 1. 4. This project is consistent with land uses in the vicinity. 5. This project is consistent with the County of Lake General Plan, Zoning Ordinance, Middletown Area Plan, and the Subdivision Ordinance. 6. This proposal is consistent with the California Subdivision Map Act. 7. The project will not result in significant impacts to fish and wildlife habitats. 8. As mitigated, this project will result in less than significant environmental impacts. B. Approve PM 21-31 subject to conditions and with the following findings: 1. This project is consistent with the County of Lake General Plan, Zoning Ordinance, the Middletown Area Plan, and Chapter 17 of the County Code (the Subdivision Ordinance). 2. This project is consistent with the California Subdivision Map Act. 3. As mitigated, this project will result in less than significant environmental impacts and a mitigated negative declaration has been adopted. Sample Motions: A. Acceptance of Prior EIR and Addendum I move that the Planning Commission find that on the basis of the FEIR adopted by the County for the Valley Oaks subdivision and on the subsequent Addendum to the EIR prepared by the Lake County Planning Department, the land division as applied for by Valley Oaks Partners, LLC / Keith Gapusan for property located at 18426 S. Highway 29, Middletown CA and identified as parcel number 014-260-51, and the mitigation measures which have been added to the project through prior subdivision, General Plan of Development review and Specific Plan of Development review, will not have a significant effect on the environment, and therefore, CEQA has been adequately addressed with the findings listed in the staff report dated December 15, 2022. B. Tentative Land Division Approval I move that the Planning Commission approve the tentative land division PM 21-31 applied for by Valley Oaks Partners, LLC / Keith Gapusan on property located at 18426 S. Highway 29, Middletown CA and identified as parcel number 014-260-51 is in conformity with the provisions of the Lake County General Plan, the Subdivision Map Act, Chapter 17 of the Lake County Code, and the Middletown Area Plan and upon that basis, approve said map subject to the conditions and with the findings listed in the staff report dated December 15, 2022. NOTE: The applicant or any interested person is reminded that the subdivision ordinance provides for a fifteen (15) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the fifteenth calendar day following the Commission's final determination.