Planning Commission — Thursday, August 25, 2022

Memorandum ' Item #1 9:05 AM August 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared By: Eric Porter and Peggy Barthel DATE: August 25, 2022 SUBJECT: Request for Extension of Time, UPX 19-04 for Use Permit to Mine UPM 10-01 and Categorical Exemption, CE 19-98. Location: 12572 White Rock Canyon Road; Upper Lake. APN: 022-009-06 SUPERVISOR DISTRICT 3 ATTACHMENTS: 1. Vicinity Map 2. Existing Conditions for Use Permit UPM10-01 3. Proposed Conditions for Use Permit Extension UPX19-04 to Use Permit to Mine UPM10-01 4. Site Plan I. EXECUTIVE SUMMARY Clearlake Redi-Mix is requesting Extension of Use Permit to Mine, UPM10-01. There will be no changes in the operation and/or expansion of the authorized use. The applicant shall continue to be in compliance with all previously-approved Conditions of Approval for Use Permit to Mine UPM10-01 (Attachment 2) and the proposed Conditions of Approval for Use Permit Extension UPX19-04 (Attachment 3). County Staff recommends approval of the Use Permit Time Extension Request for a period of twenty years. Background and Previous Actions: Approved by the Planning Commission on August 24, 2000, Use Permit UP 98-05 permitted terrace mining of approximately 140,000 cubic yards of aggregate at 12572 White Rock Canyon Road, Upper Lake. Subsequent extension of the excavation was permitted upon approval by the Planning Commission of the Use Permit to mine UPM10-01 on September 23, 2010. UPM10-01 stated the expiration of the permit would be August 24, 2020. Prior to the expiration of the use permit, the applicant applied for an extension on December 31, 2019. The submittal of the extension enabled the facility to continue to produce until this extension was heard and decided on by the Planning Commission. The California Department of Conservation, Division of Mining (DMR) provides additional oversight of the project under the Surface Mining and Reclamation Act (SMARA). Prior to initial project approval, DMR (formerly the Office of Mining) approved Reclamation Plan 98-1 for the project. Under SMARA, the excavation project undergoes annual inspections by County Staff, with reports submitted to DMR. Clearlake Redi-Mix additionally provides a financial assurance cost estimate annually and is required to maintain a mechanism by which the amount for reclamation is available in the event mining should halt and reclamation begin. II. RECOMMENDATION Staff recommends that the Planning Commission approve the project extension UPX 19-04 with the following findings: A. Adopt Categorical Exemption, Class 4 (CE19-98) for Use Permit Extension UPX19-04 with the following findings: 1. This time extension is for an existing use permit to allow continued operation of an existing sand and gravel pond. There will be no changes and/or expansion of the authorized use and the applicant shall adhere to the conditions of approval. 2. This project is consistent with CEQA Categorical Exemption, Class 4, which includes grading on land with a slope of less than 10% which is not in a waterway, wetland, scenic are, or officially mapped area of severe geologic hazard. 3. This project remains consistent with the Lake County General Plan, Aggregate Resource Management Plan, Upper Lake-Nice Area Plan, and the Lake County Zoning Ordinance. 4. There has been no change in the project which would create new significant environmental impacts. 5. This project is consistent with land uses in the vicinity. 6. This project will not result in any significant adverse environmental impacts. B. Approve the request for an Extension of Time, UPX19-04 for Use Permit to Mine UPM10-01. 1. This project will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the area of the 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, location, 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 the Lake County Zoning Ordinance. 6. No violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the properties. 7. The project is consistent with the California Surface Mining and Reclamation Act. SAMPLE MOTIONS Categorical Exemption I move that the Planning Commission find that Use Permit Extension UPX19-04 applied by Clearlake Redi-Mix on property located at 12572 White Rock Canyon Road; Upper Lake, CA and known as APN: 022-009-06 is exempt from CEQA because it falls within Categorical Exemption Class 4, based on the findings set forth in the Staff Report dated August 25, 2022. Use Permit Extension I move that the Planning Commission find that Use Permit Extension UPX19-04 applied by Clearlake Redi-Mix on property located at 12572 White Rock Canyon Road; Upper Lake, CA and known as APN: 022-009-06 does meet the requirements of Section 51.4(a) of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption CE19-98 which was adopted for this project, and Use Permit Extension UPX19-04 be granted for a period of 20 years and subject to the conditions and with the findings listed in the Staff Report dated August 25, 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 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 #2 9:10 A.M. August. 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: August 25, 2022 SUBJECT: Valley Oaks Tentative Subdivision Map Extension SDX 22-01 to extend Subdivision SD 06-01. Final Environmental Impact Report (FEIR) based on IS 06-11 and as amended by Addendum to the FEIR, 2019 Supervisorial District 1 ATTACHMENTS: 1. Vicinity Map 2. Tentative Subdivision 06-01 Conditions 3. Extension Conditions 4. Originally Approved Tentative Subdivision Map 5. Final Environmental Impact Report (FEIR) (Available Upon Request due to its size) 6. Final Environmental Impact Report (FEIR) 2019 Addendum 7. Agency Comments I. PARTIAL HISTORY OF VALLEY OAKS Original Submittal. The subject sites are located within the Middletown Area Plan and include 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 County of Lake Planning Commission approved a tentative subdivision map for the division of approximately 150 acres to create 380 residential lots and one large commercial lot. In 2020, the 47 acre commercial lot was subsequently approved by the Planning Commission for a new 18,000 sq. ft. Grocery Outlet store. The developer has also applied for a Parcel Map to separate the Grocery Outlet lot and two other commercial lots from the 47 acre commercially zoned original parcel. The County of Lake prepared an Addendum to the FEIR to satisfy CEQA review for the Grocery Outlet. Subdivision. In 2017, the Valley Oaks developers deeded land to CalTrans to accommodate the new roundabout that was being proposed at the intersection of Highway 29 and Hartmann Road adjacent to Valley Oaks property. The developer was of the belief that they would be able to connect a fourth leg onto the roundabout for access into the commercial portion of Valley Oaks, however CalTrans never agreed to this fourth connection to the roundabout, and it remains unbuilt. Traffic will be further evaluated as each commercial lot applies for a major use permit on any commercially-zoned lot in Valley Oaks; this is required by the PDC zoning and in the General Plan of Development for Valley Oaks. On January 25, 2018, a tentative subdivision map for the Valley Oaks Subdivision (file no. SD 06-18) was approved by the County of Lake Planning Commission. The California Subdivision Map Act allows the granting of extensions for a period or periods not exceeding a total of eight years. The Subdivision Map Act requires the developer of any "subdivision" to submit a tentative map, comply with appropriate local ordinances, and if an applicant's tentative map is approved, file a final subdivision map. Each filing extends the life of the underlying tentative map for 3 years, thus a phased map, with at least 4 phases, can be extended for up 10 years. The first extension granted by the County of Lake was for two years. On April 9, 2020 the applicant's proposed extension was recommended for approval by the Planning Commission to the County of Lake Board of Supervisors. On May 26, 2020, the County of Lake Board of Supervisors approved the first two-year extension to this subdivision. No new conditions of approval were added to the approved extension other than to amend the expiration date of the subdivision. This is the applicant's second extension requested for subdivision SD 06-01. According to the California Subdivision Map Act, local jurisdictions may grant up to a total of six years in one-year extensions. Components of the Subdivision. The Valley Oaks project consists of 47 acres of mixed-use commercial development. The commercial portion of this project would be developed in stages over a five year period. The first Specific Plan of Development (UP 19-09), single phase or parcel of development for the Valley Oaks project was approved on February 18, 2020 for the Grocery Outlet store. Land use development of five "village commercial" parcels encompass approximately 47 acres of the project site, and includes the following anticipated development: * 105,000 to 120,000 square feet of retail space that includes a grocery store, drug and general merchandise store, and other retail uses; * 85,000 to 110,000 square feet of commercial uses that include a movie theater, motel, and general office uses; * a 49-bed senior care/assisted living facility; and, * Proposed recreational and open space improvements that include a 19.82-acre linear park, a 3.26-acre centrally located active recreation park, a 0.5-acre open space park, and a 5.31-acre frontage trail and park area along California Highway 29. Modification. On April 21, 2022, the applicant provided the County of Lake with an amended tentative subdivision map to the County for review and consideration. This modification is not under consideration in this extension application and will be evaluated at today's hearing in a separate planning process. Parcel Map. The applicant has applied for a parcel map to create three parcels within "Village II". The site includes the Grocery Outlet store's lot, and the applicant would propose to create two additional commercial lots. A Use Permit is required before development of these two additional lots. The Parcel Map is being reviewed under file number PM 21-31. CEQA Evaluation. The original subdivision and Planned Development General Plan project was approved by the County of Lake Planning Commission, and was based on the applicant's Final Environmental Impact Report (FEIR) in 2019 The 2019 FEIR included a characterization of tax lots 014-260-51 (commercial) and 014-260-36 (residential). APN: 014-260-24 was not included within the original FEIR. As previously stated, an Addendum to the FEIR was completed and included a characterization of lot APN: 014-260-24, and provided an amended Traffic Study prepared by W-Trans. The Traffic Study includes an evaluation of the proposed Grocery Outlet's impacts to traffic. The original land use permits for the overall Valley Oaks development required: * A General Plan Amendment (GPAP 05-03, a Rezone from "A" to "PDC-DR" and "PDR" (RZ 05-02); * General Plan of Development (GPD 05-01), and Use Permit for Specific Plan of Development (UP 19-09); and, * Tentative Subdivision Map (SD 06-01). II. RECOMMENDATION County Staff recommends that the Planning Commission make the recommendation to approve a one-year extension of time for SD 06-01 the Board of Supervisors. Sample Motion: Time Extension I move that the County of Lake Planning Commission recommend that the Board of Supervisors approve a one-year extension of time for subdivision SD 06-01, with the findings listed in the Staff Report dated August 25, 2022, and with the additional Conditions of Approval stated herein. 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.

Item #3 9:15 a.m. August 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Deputy Community Development Director Prepared by: Eric Porter, Associate Planner DATE: August 25, 2022 SUBJECT: Valley Oaks, 'Village 2' Parcel Map, PM 21-31 (commercial land). Location: 18426 S. Highway 29, Middletown. APN: 014-260-51. Supervisorial District 1 ATTACHMENTS: 1. Agency Comments 2. Vicinity Map 3. Proposed Tentative Map Conditions 4. Proposed Tentative Parcel Map 5. Revised Tentative Subdivision map 6. Final Environmental Impact Report (FEIR) (available upon request) 7. Final Environmental Impact Report (FEIR) Addendum 8. Emergency Access Easement 9. Emergency Access Easement Map II. RECOMMENDATION Staff recommends that the Planning Commission make the following findings: 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 will be met for lots 1, 2 and 3 following development of these lots. 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 parcel map 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 August 25, 2022. B. Tentative Parcel Map Approval I move that the Planning Commission approve the tentative parcel map 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 August 25, 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.

Memorandum 3 ' Item # 4 9:20 AM August 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: August 25, 2022 SUBJECT: Cache Creek Telecommunication Tower. Major Use Permit, UP 22-20; and Initial Study, IS 22-21. Proposed is a 170' tall lattice wireless communications tower with equipment. Location: 20114, 20226 and 20662 E. Highway 20, Clearlake Oaks, CA. APNs: 010-009-39, 010-009-42 and 010-009-40. Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Application materials 3. Zoning District 4. Letters of Support - Emergency Service Providers 5. Initial Study, IS 22-21 6. Agency Comments 7. California Dept. of Fish & Wildlife Letter dated October 25, 2018. 8. National Environmental Policy Act FCC-Focused Checklist Evaluation dated January 9, 2019. 9. Proposed Conditions of Approval 10. Five Mile Coverage Map (all carriers) I. EXECUTIVE SUMMARY On March 21, 2017, the applicant submitted a Major Use Permit, UP 17-03 pursuant to Article 27, Section 27.11, Table B (ar) and Article 42, Section 42.14 "Height Exceptions, General: The maximum height limitations of this Article and Chapter may be exceed upon securing a major use permit" to allow the construction of an over height Wireless Telecommunication Facility located approximately 6.5 air miles Southeast of Clearlake Oaks, California and approximately one (1) mile to the north of California Highway 20. The tower is proposed at 190 feet (170' tower, 20' whip antenna), exceeding the allowable height by forty (40) feet. The Planning Commission approved the tower on February 28, 2019. However no building permits were submitted for the tower, and the use permit expired. On June 1, 2022, the applicant submitted a new use permit, file no. UP 22-20 for the same tower on the same site and property. Originally, the applicant proposed to construct a 150 foot tall lattice tower with an additional 20 foot tall VHF Master RX Whip Antenna for Public Safety Systems for an overall height of 170 feet. However, according to the applicant, upon further evaluation, it was determined due to the emerging wireless technologies (such as the nationwide wireless telecommunications network dedicated to public safety that AT&T has been selected to construct - i.e. the First Responder Network Authority, a/k/a First Net, an independent authority established by Congress) and how microwave paths travel from the original proposed height of 170 feet, the ridgeline approximately one (1) mile west of project site would likely cause physical interference with the path. Therefore, the applicant is now requesting approval of the Major Use Permit, UP 22-20 to allow an over-height, unmanned 170 foot tall lattice wireless telecommunication tower, with an additional twenty (20) foot Tall VHF Master RX Whip Antennas for Public Safety Systems, which brings the overall height to approximately 190 feet. The proposed tower would allow up to four (4) major wireless network/providers as well as an area for public safety providers and smaller commercial wireless providers. According to the applicant and the revised project Description dated January 28, 2019, all other aspects of the original tower and compound design would remain the same. The proposed 190-foot lattice tower would be contained within a leased area approximately 10,000 square feet in size (100 X 100) with a six (6) foot perimeter fence. The proposed tower would consists of the following: * An 800 Amp Multi-Meter Electrical Service Panel * One (1) - twenty (20) foot tall VHF MASTER RX Whip for Public Safety Systems. * Four (4) future carrier ground lease areas. * Four (4) future carrier antenna centerlines * Four (4) microwave dish and appurtenance centerlines. * One (1) future public safety systems ground lease area and antenna centerlines. Currently, the project site is accessible from an existing fifty (50) foot wide utility easement beginning from California Highway 20 according to a "Declaration Creating Road and Utility Easements (Doc. # 006964443) dated January 23, 1979 from the Lake County Recorders/Assessor Office. Shortly before entering the area to be developed the easement narrows to approximately twenty (20) feet in width (Refer to Attachment 2 for details). According to the applicant, the existing access easement crosses Middle Creek at a naturally elevated location which has been used by the residence on APN 010-009-42 and the Yolo County Flood Control and Water Conservation District State - 312 High Voltage Facility for more than twenty (20) years. The applicant submitted a letter dated August 10, 2018, from the California Department of Fish and Wildlife. The letter, indicates, the applicant is in the process of submitting and obtaining the Notification of Lake or Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602. No further status update on this Agreement has been provided to staff. The applicant proposes to adjust the existing access road/easement on APN 010-009-42; the existing access easement/roadway approximately 10 to 15 feet west of its current location. The relocation of the roadway would improve the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, Yolo County Flood Control, and Water Conservation District Station 312 High Voltage Facility, surrounding residents, and emergency personnel. In order to move the roadway ten (10) to fifteen (15) feet to the west, approximately two (2) oak trees with a breast height diameter greater than five (5) inches would have to be removed. Staff recommends the Planning Commission adopt IS 22-21 and Approval of Use Permit UP 22-20 based on the findings in this report and the proposed conditions of approval (Attachment 9). II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt a Mitigated Negative Declaration based on Initial Study, IS 22-21 for Major Use Permit, UP 22-20 with the following findings: 1. Potential environmental impacts related to Aesthetics have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 2. Potential environmental impacts related to Air Quality have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 3. Potential environmental impacts related to Biological Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 4. Potential environmental impacts related to Cultural & Tribal Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 5. Potential environmental impacts related to Geology & Soils have mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 6. Potential environmental impacts related to Hazards & Hazardous Materials have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 7. Potential environmental impacts related to Hydrology & Water Quality have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 8. Potential environmental impacts related to Noise have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 9. Potential environmental impacts related to Mitigation Monitoring and Expiration have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Shoreline Community Area Plan and Zoning Ordinance. 12. As mitigated, this project will not result in any significant adverse environmental impacts. B. Conditionally Approve Major Use Permit, UP 22-20 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. C. Conditionally approve Use Permit 22-20 with the following findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study No. 22-21 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Use Permit, UP 22-20 as applied for by Comsite West 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 August 25, 2022. Major Use Permit I move that the Planning Commission find that the Use Permit, UP 22-20 applied by Comsite West on property located at on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, CA 95423 further described as APN: 010-009-42 (Project Site) and 010-009-39 & 010-009-40 (Access Only) does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit based on the findings and conditions of approval listed in the Staff Report dated August 25, 2022. Wireless Communication Facility Approval I move that the Planning Commission find that the Wireless Communication facility applied for by Comsite West on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, CA 95423 further described as APN: 010-009-42 (Project Site) and 010-009-39 & 010-009-40 (Access Only) does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted based on the findings and conditions of approval listed in the staff report dated August 25, 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 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 #5 9:25 a.m. August 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: August 25, 2022 RE: LaMonica Outdoor Advertising; Extension of Time for a Billboard to extend Use Permit 95-09 for a period of Five Years UPX 22-02 and CE 22-38 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Map (aerial photo) 3. Existing Use Permit Conditions 4. Revised Conditions 5. Photos 6. Agency Comments I. EXECUTIVE SUMMARY The applicant is requesting approval of an extension to a 1995 Use Permit (UP 95-09) for a billboard. Previous extensions have been granted through files no. UP 05-09, UP 10-12, UP 16-01. The Planning Commission denied the 2010 extension. However, the Board of Supervisors overturned the denial on appeal in 2011 which allowed the continued use of the billboard at its present location. II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt Categorical Exemption, Class 1 Existing Facilities (CE 22-38) for Use Permit Extension, UPX 22-02 with the following findings: 1. This time extension is for an existing use permit to allow continued use of an existing billboard for a period of five years beginning on August 25, 2022. 2. This project is consistent with CEQA Categorical Exemption, Class 1, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination 3. This project remains consistent with the Lake County General Plan, Lakeport Area Plan and the Lake County Zoning Ordinance. 4. There have been no changes to any applicable regulations which would create new significant environmental impacts. 5. This project is consistent with land uses in the vicinity. 6. This project will not result in any significant adverse environmental impacts. B. Approve Use Permit Extension of Time (UPX 22-02) for Use Permit, UP 95-10 with the following findings. 1. That there have been no changes to the requirements to establish a billboard in the M1 zoning district between the time of billboard approval and the date of this extension. 2. That there have been no changes to the billboard structure between the original approval date and the date of this extension. 3. That the billboard has been adequately maintained since its construction. 4. 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. SAMPLE MOTIONS Categorical Exemption I move that the Planning Commission find that the Use Permit Extension, UPX 22-02 applied by LaMonica Signs on property located at 131 Soda Bay Road, Lakeport, further described as APN: 008-019-69 is exempt from CEQA because it falls within Categorical Exemption Class 1 (CE 22-38), based on the findings set forth in the Staff Report dated August 25, 2022. Use Permit Extension I move that the Planning Commission find that the Use Permit Extension, UPX 22-02 applied by LaMonica Signs on property located at 131 Soda Bay Road, Lakeport, further described as APN: 008-019-69 does meet the requirements of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption, CE 22-38 which was adopted for this project and the Use Permit Extension, file number UPX 22-02, be granted and shall extend this use for a period of five years subject to the conditions and with the findings listed in the Staff Report dated August 25, 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 fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination

Memorandum 3 ' Item # 6 9:30 AM August 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: August 25, 2022 SUBJECT: MET Wind Towers; Major Use Permit, UP 22-06 and Categorical Exemption CE 22-12. Location: 25650 Morgan Valley Road, Lower Lake, CA. APNs: 012-014-02 and 012-014-08 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Site Map, Elevations 3. Agency Comments 4. Proposed Conditions of Approval I. EXECUTIVE SUMMARY On February 15, 2022, the applicant submitted a Major Use Permit, UP 22-06, to ask consideration for four (4) 197' tall temporary meteorological towers on the two subject sites. The towers are considerably taller than the height allowed by the County of Lake for accessory structures in the RL zoning district. The functionality of these proposed towers relies on height to obtain accurate weather readings. These towers can be permitted pursuant to Article 42, Sections 42.12 and 42.14 "Height Exceptions" if they meet all applicable standards and criteria for a major use permit. These sections allow structures in excess of accessory structure allowable heights in the Agriculture and Rural Lands zoning districts subject to a major use permit. Therefore, the applicant is now requesting approval of the Major Use Permit, UP 22-06 to allow four (4) over-height, unmanned 197 foot tall temporary meteorological towers. The total footprint for each tower is .03 acres, or about 1,307 sq. ft. in area. Given the small footprint size coupled with the large acreage of the two properties, the County has agreed to categorically exempt the project from CEQA review under CEQA section 15303(e) as a Class 3 exemption. The project site is accessible from Morgan Valley Road, a paved County-maintained road, which connects with Butte Rock Ranch Road, a private and unpaved road at this location, and which provides access into the site. Figure 1 - Site Map of Project Properties and Surrounding Area Source: Materials Submitted by the Applicant II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt a Categorical Exemption (CE 22-12) to CEQA based on the application material submitted with the following findings: 1. Potential environmental impacts related to this project are less than significant based on the small tower footprints and the large property size. 2. CEQA section 15303(e) allows for categorical exemptions for small projects. 3. The applicant has submitted an Archaeological Study and a Biological Study that show this project will not adversely impact any significant cultural or biological relics, artifacts, or species. 4. This project is consistent with land uses in the vicinity. B. Approve Major Use Permit (UP 22-06) 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. Sample Motions: Categorical Exemption I move that the Planning Commission find that this project is eligible for a Categorical Exemption, File No. CE 22-12, under CEQA section 15303(e) as applied for by Morgan Valley Wind Farm LLC on property located at on property located at 25650 Morgan Valley Road, Lower Lake further described as APN: 012-014-02 and 08 will not have a significant effect on the environment and therefore a Categorical Exemption shall be issued with the findings listed in the staff report dated August 25, 2022. Major Use Permit I move that the Planning Commission find that the Use Permit, UP 22-06 applied for by Morgan Valley Wind Farm LLC on property located at on property located at 25650 Morgan Valley Road, Lower Lake further described as APN: 012-014-02 and 08 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in the Staff Report dated August 25, 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 fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination

Memorandum Kelssey3 ' Item #7 9:35 AM August 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter DATE: August 25, 2022 SUBJECT: Major Use Permit Application, UP 18-34; Michael Hat Open Air Corn Maze and Pumpkin Patch; Categorical Exemption, CE 18-50. Location: 4405 and 4410 Thomas Road, Kelseyville. APN: 008-035-58 & 008-033-36 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Agency Comments 4. Proposed Conditions of Approval I. BACKGROUND On July 10, 2018, the applicant applied for a major use permit to allow an agricultural commercial use (special event venue) for seasonal operations consisting of a pumpkin patch, a corn maze, and other primarily family-type events. The corn maze and pumpkin patch would be open to the public approximately 35 days annually. Article 27, Table B, allows special events on Agriculture-zoned land subject to a major use permit review and approval. The sites are next to each other, separated by Thomas Road, and are located at 4405 and 4410 Thomas Road, Kelseyville, and identified as APN 008-035-58 and APN 008-033-36. Thomas Road is a dedicated and paved County maintained road. In April 2020, the applicant requested that the County put his use permit application on hold and informed staff that more changes may be requested to the project, which affects the site plan. Meanwhile, the corn maze and pumpkin patch were granted annual approvals in three consecutive years (2019 through 2021) and through three separate Zoning Permits, each of which allows up to three special events per year. On July 8, 2022, the applicant requested that the County re-start the review process on use permit, UP 18-34. On July 15, 2022, the applicant submitted a revised site plan showing five shipping containers, a 100' tall flag pole, and several accessory buildings that the applicant wanted to add to the use permit under consideration. The days of operation will be the last six weekends before Halloween on Saturday and Sunday between the hours of 10:00 a.m. to 5:00 p.m.; field trips for schools and groups on Fridays during the same six week period from 9:00 a.m. to 3:00 p.m.; and one night time Corn Maze admission the last Saturday before Halloween from 7:00 p.m. to 9:00 p.m. During the days of operation, the applicant plans on having a hayride and barrel train ride for attendees, as well as, an assortment of small games and play equipment. Traffic on Highway 29 was addressed in 2018 when the applicant received a permit from CalTrans to install a North bound turning lane off Highway 29 onto Thomas Drive. The turning lane was completed prior to opening in 2019. The attendance has averaged about 400 people per day arriving in approximately 200 cars per day, with no more than 100 cars at any one time during any day. Parking has not been a problem over the past three years, and dust was suppressed by watering the parking area with a water truck. II. RECOMMENDATION Staff recommends that the Planning Commission: A. Find that this project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) review as a Class 4 exemption per CEQA Section 15304 - Minor Alterations to Land, which consists of minor public or private alterations in the condition of land, water, and/or vegetation and which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Class 4 exemptions involve minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sale of Christmas trees, etc. The site will not have an adverse effect from this project as this site was previously disturbed with agricultural uses, and the site has been used in this manner over the past three years through Zoning Permits, which allow limited special events. The corn maze and pumpkin patch will be in open to the public for approximately 45 days each year. B. Approve Major Use Permit, UP 18-34 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. Sample Motions: Categorical Exemption I move that the Planning Commission find that the Use Permit, UP 18-34 applied by Michael Hat on property located at 4405 and 4410 Thomas Drive, Kelseyville, CA 95337, APNs 008-033-36 and 008-035-58 is exempt from CEQA because it falls within Categorical Exemption Class 4 under CEQA section 15304, as listed in the Staff Report dated August 25, 2022. Major Use Permit I move that the Planning Commission find that the Use Permit, UP 18-34 applied by Michael Hat on property located at 4405 and 4410 Thomas Drive, Kelseyville, CA 95337, APN 008-033-36 and 008-035-58 does meet the requirements of �27.3(o) and �51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in the Staff Report dated August 25, 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 fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination