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