Planning Commission — Thursday, July 14, 2022

Memorandum ' Item # 1 9:05 AM July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: July 14, 2022 SUBJECT: Daniel Sosa, Rezone (RZ 22-02) and Initial Study (IS 22-19) Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Proposed Rezone Map 3. Agency Comments 4. Conditions of Approval 5. Initial Study 6. Public Comments 7. Rezone Ordinance (Draft) I. EXECUTIVE SUMMARY The applicant is requesting approval to rezone two contiguous lots from CH-DR (Highway Commercial - Design Review) to C2-DR (Service Commercial - Design Review). The properties are located at 3774 & 3794 E. Highway 20, Nice, California and are APNs: 032-181-02 and 032-181-03. The applicant has submitted no development proposals for this project. No site development is intended. The purpose of the rezone is to sell retail cannabis, which is not a permitted land use in the CH zoning district. The applicant applied for a Categorical Exemption to CEQA. However the County determined that a Rezone required a more in-depth evaluation of potential impacts, and the Planning Department's Initial Study (IS 22-19) and review resulted in a Negative Declaration. II. RECOMMENDATIONS Staff recommends that the Planning Commission provide the following recommendations to the County of Lake Board of Supervisors: A. That the Board adopts Negative Declaration (IS 22-19) for General Plan Amendment, Rezone, RZ 22-02 with the following findings: 1. That no new development proposals were submitted for this rezone, nor are any intended by the applicant. 2. This project is consistent with the County of Lake General Plan, Upper Lake - Nice Area Plan and County of Lake Zoning Ordinance. 3. The project is consistent with land uses in the vicinity. 4. This project will not result in any significant adverse environmental impacts, and no mitigation measures are required. B. That the Board Approves Rezone (RZ 22-02) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of the future 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. This project is consistent with the Lake County General Plan, Upper Lake - Nice Area Plan, and Lake County Zoning Ordinance. 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. Sample Motions: Negative Declaration (IS 22-19) I move that the Planning Commission find the Rezone (RZ 22-02) applied for by Daniel Sosa on property located at 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 recommend the adoption of the Negative Declaration (IS 22-19) by the Board of Supervisors based on the findings set forth in the staff report dated July 14, 2022. Rezone (RZ 22-02) I move that the Planning Commission find that the Rezone (RZ 22-02) applied for by Daniel Sosa on property located at 3774 and 3794 E. Highway 20, Nice, CA further described as APNs: 032-181-02 and 03 does meet the requirements of Section 47.22 and Article 19 of the Lake County Zoning Ordinance, and that a recommendation of approval be provided to the Board of Supervisors for the Rezone subject to the findings listed in the staff report dated July 14, 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 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 #2 9:10 AM July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: July 14, 2022 SUBJECT: General Plan Conformity, GPC 22-02, CE 22-14 Supervisor District 4 ATTACHMENTS: None I. EXECUTIVE SUMMARY Lake County owns a 53 acre property located at 1985 Park Drive, Lakeport. The site contains Lakeside Park, a County Park. The County Public Services Department has applied for a General Plan of Conformity for improvements, including: * New athletic field * Concessions building * Dog park * Shade structure * Picnic Gazebo * Ballfield lighting * Disc golf area * Minor support elements Staff recommends approval of the General Plan Conformity, GPC 22-02, and adoption of the Categorical Exemption to CEQA, CE 22-14. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt Categorical Exemption CE 22-14 for GPC 22-02 with the following findings: 1. Potential environmental impacts related to the General Plan of Conformity will not occur due to the nature of the action, which is to make minor improvements to an existing and developed County park. 2. This project is consistent with the Lake County General Plan, the Lakeport Area Plan and the Lake County Zoning Ordinance. 3. That this project will not result in any significant adverse environmental impacts, including impacts on cultural or historic resources. B. Approve GPC 22-02 with the following findings: 1. The project is compatible with surrounding land uses. 2. The project is consistent with the Lake County General Plan goals and policies related to the health and safety of the residents and property of Lake County. 3. The use of the land as a park is consistent with the Lakeport Area Plan; and, 4. An evaluation for compliance with the California Environmental Quality Act has been performed pursuant to CEQA requirements, and a Categorical Exemption to CEQA has been determined to be appropriate for this action under CEQA section 15301. Sample Motions: Categorical Exemption I move that the Planning Commission find and report that, on the minimal site improvements associated with this project, that a Categorical Exemption to CEQA shall be adopted pursuant to CEQA Section 15301, and that this project, located at 1985 Park Drive, Lakeport, CA and known as APN: 008-011-02, will not have a significant effect on the environment with the findings listed in the staff report dated July 14, 2022. General Plan Conformity I move that the Planning Commission find and report that General Plan Conformity GPC 22-02, applied for by the Lake County Public Services Department for the property located at 1985 Park Drive, Lakeport, CA and known as APN: 008-011-02, is in conformity with the Lake County General Plan with the findings listed in the staff report dated July 14, 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 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 #3 9:15 AM July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: July 14, 2022 SUBJECT: General Plan Conformity, GPC 22-06, CE 22-21 Supervisor District 4 ATTACHMENTS: None I. EXECUTIVE SUMMARY Lake County owns a 1.03 acre property located at 255 Main Street, Lakeport. The site contains the Lake County Courthouse Museum Park, a County museum and park located within the Lakeport City Limits. The County Public Services Department has applied for a General Plan of Conformity for improvements, including: * Benches and tables * Small amphitheater * Accent lighting * Sculpture * Walking trails * Landscaping * Interpretive panels * Walkway improvements The park is located in the City of Lakeport, but is owned, operated and improved by the County. Pursuant to California Government Code Section 53090 et seq. a 'local agency' is defined to mean 'an agency of the state for the local performance of governmental or proprietary function within limited boundaries' which does not include cities and counties. Under this section, cities and counties are exempt from following local zoning and building laws. Courts have found that these statutes recognize an intergovernmental immunity and that cities and counties are exempt from each other's building and zoning regulations, including compliance with general plans (Lawler v. City of Redding. Cal. App. 3d Dist. June 8, 1992, 7 Cal. App. 4th 778). This immunity applies to the proposed project. The County need not apply to the City of Lakeport to determine whether the project complies with the City's general plan, zoning ordinance, or building code. Staff recommends approval of the General Plan Conformity, GPC 22-06, and adoption of the Categorical Exemption to CEQA, CE 22-21. II. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt Categorical Exemption CE 22-21 for GPC 22-06 with the following findings: 1. Potential environmental impacts related to the General Plan of Conformity will not occur due to the nature of the action, which is to make minor improvements to an existing and developed County park. 2. This project is consistent with the Lake County General Plan and the Lakeport Area Plan. 3. That this project will not result in any significant adverse environmental impacts, including impacts on cultural or historic resources. B. Approve GPC 22-06 with the following findings: 1. The project is compatible with surrounding land uses. 2. The project is consistent with the Lake County General Plan goals and policies related to the health and safety of the residents and property of Lake County. 3. The use of the land as a park is consistent with the Lakeport Area Plan; and, 4. An evaluation for compliance with the California Environmental Quality Act has been performed pursuant to CEQA requirements, and a Categorical Exemption to CEQA has been determined to be appropriate for this action under CEQA section 15301. Sample Motions: Categorical Exemption I move that the Planning Commission find and report that, on the minimal site improvements associated with this project, that a Categorical Exemption to CEQA shall be adopted pursuant to CEQA Section 15301, and that this project, located at 255 N. Main Street, Lakeport, CA and known as APN: 025-402-01, will not have a significant effect on the environment with the findings listed in the staff report dated July 14, 2022. General Plan Conformity I move that the Planning Commission find and report that General Plan Conformity GPC 22-02, applied for by the Lake County Public Services Department for the property located at 255 N. Main Street, Lakeport, CA and known as APN: 025-402-01, is in conformity with the Lake County General Plan with the findings listed in the staff report dated July 14, 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 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 # 4 9:20 AM July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: July 14, 2022 SUBJECT: Dennis De La Montanya General Plan Amendment (GPAP 19-03), Rezone (RZ 19-03) and Initial Study (IS 19-43) Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Proposed Rezone and General Plan Map 3. Supplemental Data 4. Agency Comments 5. Public Comments 6. De La Montanya Grant Deed I. EXECUTIVE SUMMARY The applicant is requesting approval rezoning a +18 acre property from "R1 - B3" Low Density Residential - Frozen, to "RR" Rural Residential. The property is located at 8255 Point Drive, Kelseyville, and is APN: 044-331-24. In addition, the applicant is requesting approval of a General Plan Amendment of the property from Low Density Residential to Rural Residential. The applicant has submitted no development proposals for this project. Since no development is planned the applicant's surveyor has consequently submitted a request for a Categorical Exemption to CEQA. However, the County Staff determined that a rezone / General Plan Amendment required a more in-depth evaluation of potential impacts, and the Planning Department's Initial Study resulted in a Negative Declaration primarily because no development plans were submitted with the rezone / General Plan Amendment. Of note - the applicant's deed restricts further division of this lot, and prohibits development with the exception of one (1) house up to 5,000 sq. ft. in size, that cannot be a manufactured or modular home. This restriction also allows one granny unit limited in size to 1,200 sq. ft. per State regulations. The property owner is unclear whether he can put a new, more lenient deed restriction on his property to replace the existing restriction that so limits his ability to use the land as the R1 zoning district envisioned. Opposition to the Project. As of June 6, 2022 the County Staff had received fourteen (14) letters and emails of concern regarding this proposal. The primary concern has to do with potentially incompatible uses resulting from the Rural Residential zoning designation proposed, which allows ranching and farming as 'outright permitted uses' which have minimal County oversight. For reasons stated in this Staff Report, the Community Development Department is recommending denial of rezone RZ 19-03 and GPAP 19-03. II. RECOMMENDATIONS Staff recommends that the Planning Commission provide the following recommendations to the Lake County Board of Supervisors: A. That the Board does not adopt Negative Declaration (IS 19-43) for General Plan Amendment, GPAP 19-03 and Rezone, RZ 19-03 with the following findings: 1. That uses allowed in the Rural Residential Zoning District are not all compatible with R1 Low Density Residential District land uses. 2. That this project is not consistent with the County of Lake General Plan and the Kelseyville Area Plan. 3. The project has the potential to be inconsistent with land uses in the vicinity. 4. It is unknown whether this project will result in any significant adverse environmental impacts because no development proposals were submitted with this rezone and General Plan Amendment application. B. That the Board Does Not Approve General Plan Amendment (GPAP 19-03) and Rezone (RZ 19-03) and recommends the following findings: 1. That the establishment, maintenance, or operation of the use applied for may be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use based on uses permitted in the RR Rural Residential zoning district. 2. That potential agricultural uses permitted in the RR Rural Residential zoning district may not be compatible with adjacent uses. Sample Motions: Negative Declaration (IS 19-43) I move that the Planning Commission find the General Plan Amendment (GPAP 19-03) and Rezone (RZ 19-03) applied for by Dennis De La Montanya on property located at 8255 Point Drive, Kelseyville further described as APN: 044-331-24 does not recommend the adoption of the Negative Declaration (IS 19-43) by the Board of Supervisors based on the findings set forth in the staff report dated July 14, 2022. General Plan Amendment (GPAP 19-03) I move that the Planning Commission find that the General Plan Amendment (GPAP 19-03) applied for by Dennis De La Montanya on property located at 8255 Point Drive, Kelseyville further described as APN: 044-331-24 does not meet the requirements of the General Plan or the Kelseyville Area Plan, and that a recommendation of denial be provided to the Board of Supervisors for the subject to the findings listed in the staff report dated July 14, 2022. Rezone (RZ 19-03) I move that the Planning Commission find that the Rezone (RZ 19-03) applied for by Dennis De La Montanya on property located at 8255 Point Drive, Kelseyville further described as APN: 044-331-24 does not meet the requirements of the Lake County General Plan or the Kelseyville Area Plan, and that a recommendation of denial be provided to the Board of Supervisors for the Rezone subject to the findings listed in the staff report dated July 14, 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 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 #5 9:25 AM July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: July 14, 2022 SUBJECT: General Plan Conformity, GPC 21-03, CE 21-68 Supervisor District 3 ATTACHMENTS: None I. EXECUTIVE SUMMARY The County of Lake owns an eight (8) acre property located at 615 E. Highway 20, Upper Lake. The site contains a County Park. The County of Lake Public Services Department has applied for a General Plan of Conformity for minor improvements, including: * Creation of a new dog park; approximately 1 acre in size * New basketball court * New lighting Staff recommends approval of the General Plan Conformity, GPC 21-03, and adoption of the Categorical Exemption to CEQA, CE 21-68. II. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt Categorical Exemption CE 21-68 for GPC 21-03 with the following findings: 1. Potential environmental impacts related to the General Plan of Conformity will not occur due to the nature of the action, which is to make minor improvements to an existing and developed County park. 2. This project is consistent with the Lake County General Plan, the Upper Lake - Nice Area Plan and the Lake County Zoning Ordinance. 3. That this project will not result in any significant adverse environmental impacts, including impacts on cultural or historic resources. B. Approve GPC 21-03 with the following findings: 1. The project is compatible with surrounding land uses. 2. The project is consistent with the Lake County General Plan goals and policies related to the health and safety of the residents and property of Lake County. 3. The use of the land as a park is consistent with the Upper Lake - Nice Area Plan; and, 4. An evaluation for compliance with the California Environmental Quality Act has been performed pursuant to CEQA requirements, and a Categorical Exemption to CEQA has been determined to be appropriate for this action under CEQA section 15301. Sample Motions: Categorical Exemption I move that the Planning Commission find and report that, on the minimal site improvements associated with this project, that a Categorical Exemption to CEQA shall be adopted pursuant to CEQA Section 15301, and that this project, located at 650 E. Highway 20, Upper Lake, CA and known as APN: 004-010-39, will not have a significant effect on the environment with the findings listed in the staff report dated July 14, 2022. General Plan Conformity I move that the Planning Commission find and report that General Plan Conformity GPC 21-03, applied for by the Lake County Public Services Department for the property located at 650 E. Highway 20, Upper Lake, CA and known as APN: 004-010-39, is in conformity with the Lake County General Plan with the findings listed in the staff report dated July 14, 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 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 #6 9:30 a.m. July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: July 14, 2022 RE: Point Lakeview Mine, Clearlake Lava Extension - Extension of Use Permit (UPM 20-01) of Use Permit (UP 00-06) and a Categorical Exemption to CEQA (CE 22-47) Supervisor Districts 1 and 5 ATTACHMENTS: 1. Vicinity Map 2. Submitted Material and Applicable Correspondence 3. Original Conditions of Approval for UP 00-06 4. Revised Conditions UPM 20-01 5. Agency Comments I. 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, thereby validating the year 2000 use permit, and the mine was extended to April 2021 based on the appeal hearing date. * February 3, 2020 - UPM 20-01 was submitted to the County. * June 30, 2021 - Owner Don Van Pelt sent a letter to 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. Director Darby accepted this date as the official start date of the 2000 extension, and the use permit is valid until April 17, 2021. * The extension application was filed prior to April 17, 2021, the expiration date for the mine use permit. * A Notice of Exemption (NOE) was prepared and posted with the County Clerk's office. This notice however was not sent to the State Clearinghouse, and there was no evidence that the extension had been formally granted by the County. This was confirmed by Eric Porter on April 28, 2022 by searching the OPR website for Lake County Notices of Exemption. * No formal Notice of Extension was prepared, and no signed conditions of approval are in the file or in the log book for Conditions of Approval. * A refund for the extension was issued on March 11, 2020 in the amount of $5,849.22. Staff is recommending approval of a twenty-year extension of UP 00-06 through file no. UPM 20-01. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions pertaining to this request for a twenty year extension: A. Adopt Categorical Exemption, (CE 22-47) for Use Permit Extension, UPM 20-01 with the following findings: 1. This time extension request is for an existing use permit to continue the use of the affected property as a mine that extracts and processes gravel and related products. 2. No new construction or site disturbance is proposed or needed in conjunction with this extension request. 3. This project is consistent with CEQA Categorical Exemption requirements for a previously-approved project through a Class 1 Exemption; CEQA section 15301. 4. This project remains consistent with the Lake County General Plan, Lower Lake Area Plan and the applicable Lake County Zoning Ordinance sections. 5. There has been no changes to any applicable regulations which would create new significant environmental impacts. 6. This project has been previously evaluated for compliance with CEQA, and any potential adverse environmental impacts have already been mitigated. B. 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 requirements to establish the uses proposed within the Point Lakeview mine between the time of original approval and the date of this extension. 2. That there have been no changes to the General Plan or to the Lower Lake Area Plan that would otherwise affect this extension in a manner that would create a non-conforming use. 3. That there have been no changes to the scope of the project between the original approval date and the date of this extension. 4. That the project is in substantial conformance with the originally-approved project under files no. UP 89-09 and UP 00-06. SAMPLE MOTIONS Categorical Exemption 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 16125 and 13329 Point Lakeview Road, Lower Lake, further described as APNs: 012-066-02, 012-066-03, 012-066-12 and 012-066-71 is exempt from CEQA because it falls within Categorical Exemption section 15301 (file no. CE 22-47), based on the findings set forth in the Staff Report dated July 9, 2022. Minor 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 16125 and 13329 Point Lakeview Road, Lower Lake, further described as APNs: 012-066-02, 012-066-03, 012-066-12 and 012-066-71 does meet the requirements of Articles 19, and 60.1(c) of the Lake County Zoning Ordinance, and that the Zoning Administrator has reviewed and considered the Categorical Exemption, CE 22-47, which was adopted for this project and the Use Permit extension, file number UPM 20-01, be granted, and shall extend the use permit UP 00-06 for a period of twenty years subject to the original and revised conditions (Attachments 3 and 4), and with the findings listed in the Staff Report dated July 9, 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 ' Item #7 9:35 a.m. July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: July 14, 2022 RE: DNA River Rock Mine Extension - Extension of Use Permit (UPM 22-01) of Use Permit (UP 03-04) and a Categorical Exemption to CEQA (CE 22-36) Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Submitted Material and Applicable Correspondence 3. Original Conditions of Approval for UP 03-04 4. Revised Conditions UPM 22-01 I. EXECUTIVE SUMMARY The applicant is requesting approval for an extension to an existing mine at the location stated below. The original approval by the County Planning Commission occurred on October 9, 2003. If the mine reclamation activity has not concluded at the end of the original approval period (October 9, 2023) the Conditions of Approval allow for extensions if approved by the County Planning Commission. The applicant had applied for a modification in 2021 through file No. MMU 21-03. The modification allowed up to 100,000 cubic yards of material to be taken from the site per year for larger jobs. The original amount of exported material had a maximum of 15,000 cubic yards per year. The modification also allowed for expanded mine operation time; approved had been 8:00 to 5:00 pm; the modification allowed for 24 hour mining operation. There are no violations or other issues associated with this permitted mine. Therefore, County staff is recommending approval of a twenty-year extension of UP 03-04 through file No. UPM 22-01. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions pertaining to this request for a twenty year extension: A. Adopt Categorical Exemption, (CE 22-36) for Use Permit Extension, UPM 22-01 with the following findings: 1. This time extension request is for an existing use permit to continue the use of the affected property as a mine that extracts and processes gravel and related products. 2. No new construction or site disturbance is proposed or needed in conjunction with this extension request. 3. This project is consistent with CEQA Categorical Exemption requirements for a previously-approved project through a Class 1 Exemption; CEQA section 15301. 4. This project remains consistent with the Lake County General Plan, Lower Lake Area Plan and the applicable Lake County Zoning Ordinance sections. 5. There has been no changes to any applicable regulations which would create new significant environmental impacts. 6. This project has been previously evaluated for compliance with CEQA, and any potential adverse environmental impacts have already been mitigated. B. Approve a twenty-year Extension of Time (UPM 22-01) for Use Permit (UP 03-04) with the following findings: 1. That there have been no changes to the requirements to establish the uses proposed within the DNA River Rock mine between the time of original approval and the date of this extension. 2. That there have been no changes to the General Plan or to the Lower Lake Area Plan that would otherwise affect this extension in a manner that would create a non-conforming use. 3. That there have been no changes to the scope of the project between the original approval date and the date of this extension. 4. That the project is in substantial conformance with the originally-approved project under file no. UP 03-04. 5. There are no open violations on this site. SAMPLE MOTIONS Categorical Exemption I move that the Lake County Planning Commission find that the Use Permit Extension, UPM 22-01, applied for by DNA River Rock on property primarily located at 8350 and 8400 Highway 29, Lower Lake, further described as APNs: 011-069-12 and 011-069-13 is exempt from CEQA because it falls within Categorical Exemption section 15301 (file no. CE 22-36), based on the findings set forth in the Staff Report dated July 14, 2022. Minor Use Permit Extension I move that the Lake County Planning Commission find that the Use Permit Extension, UPM 22-01, applied for by DNA River Rock on property primarily located at 8350 and 8400 Highway 29, Lower Lake, further described as APNs: 011-069-12 and 011-069-13 does meet the requirements of Articles 7, and 60.1(c) of the Lake County Zoning Ordinance, and that the Zoning Administrator has reviewed and considered the Categorical Exemption, CE 22-36, which was adopted for this project and the Use Permit extension, file number UPM 22-01, be granted, and shall extend the use permit UP 03-04 for a period of twenty years subject to the original and revised conditions (Attachments 3 and 4), and with the findings listed in the Staff Report dated July 14, 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 ' Item #8 9:40 a.m. July 14, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared By: Eric Porter and Peggy Barthel DATE: July 14, 2022 SUBJECT: Request for Extension of Time, UPX 19-04 for Use Permit to Mine UPM 10-01 and Categorical Exemption, CE 19-98 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 July 14, 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 July 14, 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