(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR
AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the
City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
I.
6:00 p.m.
MOMENT OF SILENCE:
II.
PLEDGE OF ALLEGIANCE:
III.
ACCEPTANCE OF AGENDA:
Urgency Items:
IV.
V.
VI.
CONSENT AGENDA:
The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the
Consent Calendar portion of this agenda.
A.
Ordinances:
B.
Minutes:
Approve minutes of the regular City Council meeting of December 15, 2015.
PUBLIC PRESENTATIONS/REQUESTS:
A.
Citizen Input:
Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonights agenda. Persons wishing to address the City Council are required to complete a
Citizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council
cannot take action or express a consensus of approval or disapproval on any public comments regarding matters
which do not appear on the printed agenda.
B.
Presentation:
Presentation of the Lake County Wellness Impact 2025 Overview by the Health
Leadership Network.
COUNCIL BUSINESS:
A.
City Clerk
1.
B.
Ordinance Introduction:
Changes to the Zoning
Ordinance
2.
Ordinance Introduction:
Zoning Change:
Introduce the Zone Change Ordinance for the Lakeport AutoZone project (ZC 1401); and schedule a public hearing for a second reading of the Zone Change
Ordinance and adoption of a Mitigated Negative Declaration based on the
Environmental Review/Initial Study ER 15-02.
3.
Downtown Improvement
Project Contract Amendment
No. 1:
Authorize the City Manager to sign the Contract Amendment No. 1 for the
Downtown Improvement Project Phase II to include the proposed addition of
supplemental design services consistent with the City Councils
recommendations.
C.
City Manager
1.
D.
a)
Bid Award
Authorize the City Manager to sign a purchase order for the replacement of the
Fifth Street Restroom.
VIII.
VII.
Page 2
ADJOURNMENT:
Adjourn
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerks Office at 225
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeports website, www.cityoflakeport.com, subject to
staffs ability to post the documents before the meeting.
The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or
participate in the City meeting due to disability, to please contact the City Clerks Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable
accommodations are provided.
_______________________________________
Hilary Britton, Acting Deputy City Clerk
MINUTES
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
I.
CLOSED SESSION:
The meeting was called to order and adjourned to a closed session at 5:31 p.m.
for Conference with Legal Counsel; Anticipated Litigation (Gov. Code
54956.9(d)(2) & (d)(3)): A point has been reached where, in the opinion of the
City Council on the advice of its legal counsel, based on the below-described
existing facts and circumstances, there is a significant exposure to litigation
against the City: Statement made at an open meeting of City (Gov. Code
54956.9(e)(4)): Name of Person: Paul B. Albritton.
Nature of Specific Matter: Appeal of Verizon Wireless Application UP 14-04, AR
14-12, CE 14-24.
The meeting reconvened to open session at 6:01 p.m. The Mayor reported that
the Council voted unanimously to allow for a Tolling Agreement and to authorize
City Attorney Ruderman to sign and present the agreement to Verizon Wireless.
The term of the agreement will be for six (6) months from December 1, 2015.
Mayor Scheel called the regular meeting of the City Council of the City of
Lakeport to order at 6:01 p.m. with Council Members Kenneth Parlet, Stacey
Mattina, Marc Spillman, and Mireya Turner present.
Mayor Scheel called for a moment of silence in honor of former Fire Chief Ken
Wells who had passed away December 9, 2015.
II.
PLEDGE OF ALLEGIANCE:
III.
ACCEPTANCE OF AGENDA:
Urgency Items:
IV.
City Clerk
1.
V.
CONSENT AGENDA:
A.
Ordinances:
B.
Minutes:
C.
Warrants:
D.
Approve a resolution of the City Council of the City of Lakeport, the Successor
Agency to the Lakeport Redevelopment Agency, the Board of the City of Lakeport
Municipal Sewer District, the Lakeport Industrial Development Authority and the
Municipal Financing Agency of Lakeport amending and adopting an updated
Conflict of Interest Code.
E.
Council Member Turner advised that, for personal reasons, she would recuse
herself from Consent Agenda item E and abstain as to that item.
A motion was made by Council Member Mattina , seconded by Council Member
Scheel, and carried by voice vote to accept the Consent Agenda items A-E, as
VI.
PUBLIC PRESENTATIONS/REQUESTS:
A.
Citizen Input:
B.
Presentation:
Barbara Breunig of the Lakeport Main Street Association presented the prizes to
the winners of the annual Holiday Lighted Declaration Contest as follows:
C.
VII.
Page 2
Presentation:
COUNCIL BUSINESS:
A.
Business Category
First Place - Pieces Boutique - 155 N. Main
Second Place - Flowers by Jackie - 108 S. Main
Third Place - Meals on Wheels - 120 N. Main
Residential category
First Place - Matt Harrell - 1186 Page Dr.
Second Place - Keith and Mary Gronendyke - 985 Page Dr.
Third Place - Paul, Delia and Matthew Thomas - 935 Central Park Ave.
Lake Ministerial Association representatives Taylor Johnson and Pastor Shannon
Kimbell-Auth gave a brief presentation on plans to open a homeless warming
center from Jan. 4 through April 1 at the Lakeport Seventh-day Adventist Church,
which is located outside of city limits on Park Way.
Chief Rasmussen will meet with Pastor Kimbell-Auth to discuss Police Volunteers
providing security.
City Clerk
1.
2.
Appointments to Lakeport
Economic Development
Advisory Committee
Applicants Christine Hutt and Panette Talia spoke in support of their applications
to the Committee.
3.
4.
Board of Trustees
B.
Police Chief
1.
Application 2016-002
Page 3
VIII.
ADJOURNMENT:
_______________________________________
Marc Spillman, Mayor
Attest:
_______________________________________
Kelly Buendia, Acting City Clerk
Impact
Information Measured
Healthy
Food
Physical
Ac1vity
Mental
Health
Substance
Use
Injury
Safety
Health
Care
Preven1on
Educa1on
Economic
Security
Community
PARTICIPATING
ORGANIZATIONS/
PARTNERS
COALITION/COLLABORATIVE ADVOCATES
Short-term:
1
3
years
Policy:
Cross-sector
ac-vi-es
work
together
to
increase
access
to
and
consump-on
of
healthy
foods
Cardiovascular
disease
morbidity
Cancer
morbidity
Diabetes
morbidity
Respiratory
morbidity
Mid-term:
4
9
years
Decrease
food
insecurity
Decrease
diabetes/obesity
(diabesity)
Chronic
Disease
Mortality
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Factors:
Healthy
ea-ng
Ac-ve
living
Tobacco
use
School
Districts,
Mendocino
Community
Health
Clinics,
Tribal
Health
Consor-um,
St.
Helena
Hospital
-
Clear
Lake,
Suaer
Lakeside
Hospital,
Lake
County
Public
Health,
North
Coast
Opportuni-es,
Lake
Family
Resource
Center,
Senior
Support
Services,
Planned
Parenthood,
Lake
Transit
Health
Leadership
Network,
Public
Health
Coali-on,
BreasMeeding
Coali-on
PARTICIPATING
ORGANIZATIONS/
PARTNERS
COALITION/COLLABORATIVE ADVOCATES
School
Districts,
Senior
Support
Services,
Lake
Family
Resource
Center,
County
Public
Health,
Tribal
Health,
North
Coast
Opportuni-es,
St.
Helena
Hospital
-
Clear
Lake,
Lake
Transit
Health
Leadership
Network,
Public
Health
Coali-on,
Running
Clubs/Walking/Sport
Clubs,
Sport-related
businesses
4.5
%
employees
who
usually
work
50+
hours
weekly
#
of
hours
weekly
on
leisure
and
personal
-me
among
fully
employed
Cantril
Ladder
Examples
of
well-being:
Investment
in
healthy
food,
physical
ac-vity,
equal
opportuni-es,
decent
housing,
alterna-ve
forms
of
transporta-on
24.6
27.2%
COALITION/COLLABORATIVE ADVOCATES
PARTICIPATING ORGANIZATIONS/PARTNERS
Impact/Results
Short-term:
1
3
years
Policy:
Increase
ACE
screening
and
follow-up
as
standard
prac-ce
Policy:
Increase
knowledge
of
protec-ve
factors
in
prenatal
care
(all
environments)
Policy:
Increase
integra-on
of
behavioral
health
and
physical
health
How
to
increase
social
support?
Mental
health
morbidity
%
of
popula-on
needing
care
who
are
seeking/accessing
care
Mid-term:
4
9
years
Reduce
suicide
rate
Universal
ACE/toxic
stress
screening
and
follow-up
standard
across
service
delivery
Universal
Protec-ve
factors
standard
within
service
delivery
Aaempted
suicides
(failed)
%
of
those
with
mental
health
needs
able
to
manage
their
illness
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Suicide
Deaths
Factors:
Accessible
mental
health
care
s-gma
Impact/Results
Comprehensive
smoke-free
air
laws;
applicable
to
workplaces,
restaurants,
bars/gambling
Short-term:
1
3
years
Mid-term: 4 9 years
PARTICIPATING
ORGANIZATIONS/PARTNERS
Lake
County
Behavioral
Health,
Behavioral
Health
Solu-ons,
Redwood
Community
Services,
Mendocino
Community
Health
Clinics,
Tribal
Health
Consor-um,
St.
Helena
Hospital
-
Clear
Lake,
School
Districts,
Partnership
Health
Plan,
County
Public
Health,
Lake
Transit
Factors:
Accessible
mental
health
care
s-gma
PARTICIPATING
ORGANIZATIONS/
PARTNERS
COALITION/COLLABORATIVE ADVOCATES
38%
8.4
90.7%
14.5
14.5
31%
Impact/Results
Short-term:
1
3
years
Increase
public
awareness
and
engagement
in
health,
safety
and
well-being
issues
Policy:
Form
a
community
safety
coali-on?
Binge
drinking
rate
Self-report
recrea-onal
drug
use
rates
Mid-term:
4
9
years
#
Alcohol-related
arrests
#
DUIs
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Drug-induced
Mortality
Lake
County
Behavioral
Health,
Behavioral
Health
Solu-ons,
Redwood
Community
Services,
Mendocino
Community
Health
Clinics,
Tribal
Health
Consor-um,
St.
Helena
Hospital
-
Clear
Lake,
School
Districts,
County
Public
Health,
Lake
Transit
Public
Safety
Coali-on
COALITION/COLLABORATIVE
ADVOCATES
HRSA
Advisory
PARTICIPATING
ORGANIZATIONS/PARTNERS
Lake
County
Behavioral
Health,
Behavioral
Health
Solu-ons,
Mendocino
Community
Health
Clinics,
Tribal
Health
Consor-um,
St.
Helena
Hospital
-
Clear
Lake,
Partnership
Health
Plan,
Lower
Lake
School
Wellness
Center,
Lake
Transit
Impact/Results
Short-term:
1
3
years
Policy
supports
CMS
Triple
Aim
Coordinated
care
interlinks
medical
and
non-medical
service
delivery
as
healthcare
Cardiovascular
disease
morbidity,
Cancer
morbidity,
Diabetes
morbidity,
Respiratory
morbidity,
Mental
Health
morbidity,
Premature
birth
rates,
low
birth
weight,
SIDS,
Trac
fatali-es,
Domes-c
violence,
Pneumonia
morbidity,
Inuenza
morbidity,
HIV
morbidity,
STD
morbidity,
Food
born
outbreaks,
Vaccine
preventable
disease
rates
Mid-term:
4
9
years
Increase
healthy
births
Reduce
health
impact
of
chronic
disease
Chronic
Disease
Mortality,
Suicide
Infant
Mortality,
Trauma
Mortality
&
Homicide,
Infec-ous
Disease
Mortality
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Factors:
HEAL,
Tobacco
use,
Early
detec-on,
Ter-ary
-
Gejng
pa-ents
to
care
in
a
-mely
manner,
Maternal
health,
Unintended
pregnancies,
Sleep
posi-on,
Maternal
knowledge,
Drug
and
alcohol
use,
Anger/stress
management,
Frequency
of
hand
washing,
Staying
home
when
sick,
Condom
use,
Immuniza-on
coverage,
Clinicians
are
aware
of
disease
repor-ng
requirements
Enhanced
Screenings
Screening/referral
to
Mental
Health
(is
this
addi-onal
mental
health
condi-ons
that
complicate
care?)
Improved
Immuniza-ons?
Lifestyle
Counseling
Mo-va-onal
Interviewing
(DSS,
others?
Early
Prenatal
Care
BreasMeeding
ini-a-on
and
support
Reduce
Low
Birth
weight
Reduce
Teen
Pregnancy
SIDS
Americorps
Adult
Ed
and
communica-on
assistance
for
elder
abuse
preven-on
Comprehensive
Oral
Health
Preven-on
Mother-Wise
Transporta-on
to
preven-ve
care
Wellness
Prescrip-ons
Childrens
exposure
to
lead
COALITION/COLLABORATIVE
ADVOCATES
BreasMeeding
Coali-on,
WIC,
MCAH
PARTICIPATING
ORGANIZATIONS/PARTNERS
LC
Behavioral
Health,
Behavioral
Health
Solu-ons,
Mendocino
Community
Health
Clinics,
Tribal
Health
Consor-um,
St.
Helena
Hospital
-
Clear
Lake,
Partnership
Health
Plan,
Lower
Lake
School
Wellness
Center,
First
5,
WIC,
PH,
Lake
Transit
Impact/Results
Short-term:
1
3
years
Not
sure
about
these
below-repeats?
Policy:
Preven-on
of
ACE
in
prenatal
care
and
early
childhood
service
delivery
Policy:
Protec-ve
Factors
Coordinated
early
childhood
support
Increase
screening
for
pre-diabetes
Cardiovascular
disease
morbidity,
Cancer
morbidity,
Diabetes
morbidity,
Respiratory
morbidity,
Mental
Health
morbidity,
Premature
birth
rates,
low
birth
weight,
SIDS,
Trac
fatali-es,
Domes-c
violence,
Pneumonia
morbidity,
Inuenza
morbidity,
HIV
morbidity,
STD
morbidity,
Food
born
outbreaks,
Vaccine
preventable
disease
rates
Mid-term:
4
9
years
Improve
rates
of
preven-ve
health
screenings
Chronic
Disease
Mortality,
Suicide
Infant
Mortality,
Trauma
Mortality
&
Homicide,
Infec-ous
Disease
Mortality
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Factors:
HEAL,
Tobacco
use,
Early
detec-on,
Ter-ary
-
Gejng
pa-ents
to
care
in
a
-mely
manner,
Maternal
health,
Unintended
pregnancies,
Sleep
posi-on,
Maternal
knowledge,
Drug
and
alcohol
use,
Anger/stress
management,
Frequency
of
hand
washing,
Staying
home
when
sick,
Condom
use,
Immuniza-on
coverage,
Clinicians
are
aware
of
disease
repor-ng
requirements
PARTICIPATING
ORGANIZATIONS/
PARTNERS
COALITION/COLLABORATIVE ADVOCATES
Impact/Results
Increase
#
of
3-4
year
olds
enrolled
in
preschool
#
of
public
libraries
is
greater
than
5
per
100,000
Short-term:
1
3
years
Increase
K-children
readiness
for
school
Increase
levels
of
parent
engagement
Increase
student
prociency
in
English
&
Language
arts
Mid-term:
4
9
years
Increase
High
School
gradua-on
rates
Develop
next
genera-on
of
qualied
economic,
health
and
civic
stang
and
Leadership
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Overarching
Goal:
Beaer
the
overall
county
health
ranking
School Districts, Planned Parenthood, Senior Support Services, First 5, North Coast Opportuni-es
Healthy Start Collabora-ve, Childrens Council, First 5, MCAH, School Wellness Councils
PARTICIPATING
ORGANIZATIONS/
PARTNERS
COALITION/COLLABORATIVE ADVOCATES
Impact/Results
Local
investments
in
well-being
Housing
Aordability
Local
investments
in
well-being
and
collaboraBon
Short-term:
1
3
years
Increase
job
and
wage
growth
in
county
Increase
vitality
of
Clear
Lake
Unemployment
Rate
Underemployment
Rate
%
employed
at
minimum
wage
Mid-term:
4
9
years
Increase
inves-bility
Increase
workforce
wellness
Percent
of
popula-on
spending
less
than
1/3
of
household
income
on
housing
Foreclosures
Long
Term:
10
years
Increase
vitality
of
Clear
Lake
Decrease
premature
death
Increase
Quality
of
life
%
below
FPL
in
last
12
months
countywide
Children
under
age
18
living
in
poverty
Factors:
Enough
local
employment
opportuni-es
Well
trained
workforce
Supplemental
assistance
programs
Impact/Results
Increase
voter
registraBon
Increase
volunteerism
Se_ng
a
common
mindset
Community
has
awareness
of
health
interdependence:
the
interplay
among
social
networks,
community
and
environment
on
individual
health
(this
could
be
relevant
to
educaBon
goal)
Short-term:
1
3
years
Increase
volunteerism
Increase
philanthropy
%
of
eligible
adults
registered
to
vote
%
of
civic
organiza-ons
that
are
over
ve
years
old
Or
%
of
civic
organiza-ons
that
fold
migra-on
rates
%
of
houses
rebuilt
Mid-term:
4
9
years
Increase
sustainability
of
cri-cal
preven-on
services
#
of
organiza-ons
willing
to
form
hub
%
of
schools
with
hub
%
of
popula-on
who
volunteer
Long
Term:
10
years
Decrease
premature
death
Increase
Quality
of
life
Posi-ve
Community
Percep-on
#
Civic
center
hubs
Factors:
Awareness
Accessibility
Strategic Options
Best Practices
Lake
County
residents
have
access
to
and
choose
healthy/
aordable
food.
Lake
County
residents
are
physically
ac;ve.
MENTAL
HEALTH
Lake
County
residents
maintain
posi;ve
mental
well-being.
SUBSTANCE
USE
Lake
County
residents
use
alcohol
and
prescrip;on
drugs
responsibly,
do
not
use
illicit
drugs.
Residents
live
tobacco-free.
Lake
County
residents
make
safe
choices
that
improve
safety
of
community,
prevent
violence
and
injuries.
HEALTHY
FOOD
PHYSICAL
ACTIVITY
INJURY/
SAFETY
Strategic Options
Best Practices
HEALTH
CARE
Lake
County
residents
are
connected
to
preven;ve
primary
care,
and
are
physically
healthy.
PREVENTION
Lake
County
residents
engage
in
preven;ve
healthcare
and
services
to
reduce
chronic
condi;ons.
EDUCATION
ECONOMIC
SECURITY
Lake
County
residents
have
sustainable
income.
COMMUNITY
Lake
County
residents
have
meaningful
social
connec;ons
and
a
posi;ve
percep;on
of
the
community.
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Mayoral Appointment of Liaisons to Commissions, Boards,
and Committees
SUBMITTED BY:
MEETING DATE:
01/05/2016
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Lakeport Fire Protection District: The board meets the second Tuesday of each month at 6:00 p.m. at the
Fire Department. One Council member and an alternate are appointed (not voting or acting members) to
attend meetings and report to the City Council.
Lakeport Regional Chamber of Commerce: The board meets the third Tuesday of each month at 8:00 a.m. at
Umpqua Bank. There are also monthly dinner meetings. One Council member and an alternate are
appointed (not voting or acting members) to attend meetings and report to the City Council.
Lakeport Main Street Association: The board meets the third Tuesday of each month at 12:00 noon at City
Hall. One Council Member is appointed (not voting or acting member) to attend meetings and report to the
City Council.
League of California Cities, Redwood Empire Division, Division Business Meeting Voting Delegate: This board
meets quarterly. One Council member and one alternate are appointed to attend the League's Division
meetings.
League of California Cities, Redwood Empire Division, Legislative Committee Voting Delegate: One Council
member and one alternate is appointed to attend the League's Legislative Committee meetings.
Lake County/City Area Planning Council (APC): This committee handles transportation issues and meets the
second Wednesday of each month. The location alternates between the City of Lakeport Council Chambers
Page 1
and the Lake Transit offices in Lower Lake. Two Council members and an alternate are appointed and are
active, voting members of the APC.
County of Lake Solid Waste Management Task Force: This is a County committee on which the City has a
liaison. Typically, the City appoints one Council member and the City Manager to attend any meetings of
the Task Force.
SB 621 Indian Gaming Funds Committee: This committee meets on as "as needed basis" as funding
becomes available. The City appoints one active voting member and one alternate.
Local Agency Formation Commission (LAFCO): This board meets monthly and alternates meetings between
Lakeport and Clearlake. The City appoints a Council member who acts as a voting member of LAFCO. An
alternate is also appointed.
Invasive Species Task Force Committee: This committee meets on monthly on a Monday TBA from
10:00 a.m. to 12:00 at the Agriculture Office. The City appoints one member as an active, voting member.
Clean Water Program Committee (formerly TMDL): This board meets on a monthly basis, and the City
appoints one member as an active, voting member.
Investment Committee: This committee meets as needed to evaluate the Citys current cash portfolio and
explore ways to prudently diversify it. It reviews proposals and products, reviews options in detail,
formulates an investment strategy, and makes recommendations to Council.
Lakeport Unified School District Committee: This committee meets quarterly, TBA. The City appoints two
Council members to sit on the committee and report to Council.
Oversight Board of the Former Lakeport Redevelopment Agency: This Board meets as needed. The City
appoints one member as an active, voting member.
Previously the City had also appointed members to the Lake County Abandoned Vehicle Abatement Service
Authority and the Lake County Airport Land Use Commission. Neither of these committees is currently active;
and per Richard Coel, the Countys Community Development Director, the County of Lake is not planning to
appoint anyone to these committees this year. Mr. Coel indicated that should a project come up for the airport,
appointments could be made at that time.
OPTIONS:
The Mayor can make appointments to the various commissions, boards, and committees as listed or give further
direction. The Council can adopt a resolution appointing voting delegates to the League's Division Business and
Legislative Committee meetings or decline to appoint a voting delegate to either/both meetings.
FISCAL IMPACT:
None
Budgeted Item?
Yes
General Fund
Yes
No
No
If yes, amount of appropriation increase: $
Water OM Fund
Sewer OM Fund
Other:
Comments:
SUGGESTED MOTIONS:
No motion is necessary for the Mayoral appointments.
Move that the City Council adopt a resolution appointing representatives to represent and vote on behalf of the
City at the League of California Cities, Redwood Empire Division Business meetings and represent the City and
vote at Division Legislative Committee meetings.
Attachments:
2016
APPOINTMENTS
2015
League of California Cities
Redwood Empire Division
Division Business Meeting Voting Delegate
League of California Cities
Redwood Empire Division
Legislative Committee Voting Delegate
Lake County/City Area Planning Council
County of Lake Solid Waste Management
Task Force
SB 621 Indian Gaming Funds Committee
Local Agency Formation Commission
Invasive Species Task Force Committee
Clean Water Program Committee
Investment Committee
Lakeport Unified School District Committee
Oversight Board of the Former Lakeport
Redevelopment Agency
Mayor Scheel
Mayor Pro Tem Mattina
Mayor Scheel
Mayor Pro Tem Mattina
Mayor Scheel
Mayor Pro Tem Mattina
Council Member Spillman, Alt.
Mayor Scheel
Council Member Turner
Mayor Scheel
Mayor Pro Tem Mattina, Alt.
Mayor Pro Tem Mattina
Mayor Scheel, Alt.
Council Member Parlet
Council Member Parlet
Council Member Spillman
Council Member Parlet
Mayor Pro Tem Mattina
Council Member Turner
Mayor Pro Tem Mattina
Council Member Parlet, Alt.
Page 3
________________________
Marc Spillman, Mayor
Attested:
____________________________
Kelly Buendia, Acting City Clerk
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Minor Revisions to Zoning Ordinance to Improve
Transparency & Streamline Permit Processing Procedures
SUBMITTED BY:
MEETING DATE:
01/05/2016
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Page 1
The City of Lakeport Zoning Ordinance currently allows for the filing of appeals of administratively approved
permits per Section 17.31.030. This section allows for the Planning Commission to review administratively
approved permits if an appeal is filed within five (5) business days of a decision. However, other than in the
case of the issuance of zoning permits, there is no mechanism required for the notification of the public of a
pending administrative approval action.
To remedy this situation CDD staff is recommending that adjoining property owners to any property where
the administrative approval of a discretionary land use development is being considered be notified a
minimum of ten (10) days in advance of any decision by the community development director. If any
adjoining property owner takes issue with the approval they may seek an automatic review of the action by
the Planning Commission. Notification of adjoining property owners, in staffs opinion strikes a balance
between the current no notification system of most administratively approved projects and the standard
notification procedures for public hearings outlined in Section 17.30.030 which require a formal legal notice
placed in the newspaper of record and distributed by mail to all property owners within 300 of the
proposed project.
Affected chapters of the Zoning Ordinance Include: Regulations for Clear Lake Shoreline Development (SD)
Combining District (Chapter 17.18), Minor Exceptions (Chapter 17.25), Architectural and Design Review
(Chapter 17.27), and Performance Standards (Chapter 17.28).
B. Proposed Amendments to the Land Use applications procedures process:
A Chief complaint from the business community in regards to the Citys land use development process is the
length in application processing time and a perceived last minute changes to approved project plans. The
California Permit Streaming Act (Government Code 65920 et. seq.) requires that within thirty (30) days of
the receipt of a land use development application, a local agency make a determination as to the
completeness of the application. If an application is determined to not be complete, an incomplete
notification and a request for additional information is required to be provided to the applicant in writing.
Although consistent with the requirements of the state permit streaming act, the current City of Lakeport
land use application processing procedures outlined in Section 17.29.030 of the Zoning Ordinance contains
an extra step in the permitting process that is not present within the development procedures of most other
local jurisdictions. At current, project application packets are submitted to the CDD for review of the
completeness of the application for a thirty day period. Once an application package is determined to be
complete it is then circulated for review to other Federal, State and local agencies with regulatory or
permitting issuance jurisdiction over projects.
Upon review of several other local jurisdictions land use application review procedures it was noted that the
internal review period by the Planning Division and the period in which project applications are reviewed by
other Federal, State and local agencies are typically combined together in one step as a means of streaming
the permitting process and reducing ambiguity in development requirement expectations. CDD staff
believes the combining of this process within Lakeports land use development process will aid in reducing
the processing time of land use development permits and assist in the building of trust with the business
and development community through the reduction in perceived last minute changes in requirements for
land use development permits. Additionally staff believes the combining of these two permit processing
steps is more consistent with the spirit and intent of the California Permit and Streaming Act.
In composing the proposed amendments to the land use development application procedures of Section
17.29 of the Zoning Ordinance, City staff consulted the development codes of: the County of Lake, Butte
County, Town of Windsor, City of Calistoga and City of Grass Valley.
Proposed Zoning Ordinance amendments affect Section 17.29 (Applications and Fees).
Page 2
OPTIONS:
1. Introduce the proposed amendments and revisions to the Zoning Ordinance (Chapter 17 of the Lakeport
Municipal Code) and schedule public hearing for January 19, 2016.
FISCAL IMPACT:
None
Budgeted Item?
Yes
General Fund
No
Yes
No
Water OM Fund
Sewer OM Fund
Other:
Comments: None
SUGGESTED MOTIONS:
Move to introduce the proposed ordinance amending Chapter 17 of the Lakeport Municipal Code to improve
transparency and streamline the processing of land use development permits, and set a public hearing for
adoption of the ordinance on January 19, 2016.
Attachments:
Page 3
amendments
comply
with
the
California
Regulations
for
Clear
Lake
Shoreline
Chapter 17.18 of Title 17 of the Lakeport Municipal Code is amended to read as follows:
17.18.010 Purpose.
To protect and preserve environmentally sensitive areas adjacent to the Clear Lake
shoreline and to prevent degradation of wetland and riparian areas, reduce erosion and
water quality impacts and enhance the fishery resources and view corridors. Within the
SD combining district, all uses shall comply with the regulations of the base zoning
district and with the additional regulations set forth in this chapter.
17.18.020 Applicability.
The Shoreline Development District shall be applied in the following areas: Those areas
designated on the Lakeport Zoning Map as SD Combining District.
17.18.030 Uses permitted subject to the issuance of a shoreline development permit.
A. Any use permitted within the base zoning district that involves grading, dredging,
filling, excavation of soil or gravel, or other similar activities that would alter the existing
topographic characteristics along the Clear Lake shoreline.
B. Proposed construction, reconstruction, additions, or modifications of buildings,
boat ramps, retaining walls, boat docks, floats, fencing, utility lines, or other similar
improvements.
17.18.040 Exemptions.
The following activities shall be exempt from the provisions of this section:
Activities of a governmental agency, including:
A. The rehabilitation or replacement of previously authorized fill, provided that the fill
has not or will not be put to uses differing from the original permit authorizing its initial
construction.
B. Bank stabilization.
C. Maintenance and operation of existing flood control and drainage facilities.
D. Emergency filling activities necessary for the protection of human health, safety,
and welfare.
E. Removal of accumulated silt down to original grade.
17.18.050 Setbacks.
All proposed construction except for boat ramps, docks, piers, boat lifts, and similar
lake-oriented facilities shall be 7.79 above Zero Rumsey (1318.26 A.S.L.). Increased
setbacks may be required by the city in order to make the findings set forth in Section
17.18.080.
17.18.060 Maximum height of structures.
The maximum height of all structures on parcels along the shore of Clear Lake within
the Clear Lake shoreline development combining district shall not exceed twenty-five
feet unless a greater height is allowed through the approval of a use permit.
17.18.070 Shoreline development plan required.
In conjunction with an application for a land use project or building permit, a shoreline
development plan shall be submitted for review and approval. The shoreline
development plan shall include:
A. A plot plan drawn to scale showing all existing vegetation cover and all types of
plant materials including tules, cattails, willows, cottonwood, aquatic vegetation, oak
trees, and other similar vegetation.
B. A plot plan depicting the existing property lines and site topography at two foot
intervals, identification of the areas adjacent to Clear Lake, including the Zero Rumsey,
7.79 Rumsey, 11.5 Rumsey, and one thousand three hundred twenty-six feet above sea
level.
C. A vicinity map identifying the wetlands on adjacent properties.
D. A plot plan showing the intended development including all proposed structures,
roads, drainage facilities, fill areas, dredging areas, final topographic contours, and
water control facilities such as retaining walls, revetments, levies, dikes, banks, berms,
etc.
E. A plant and wildlife habitat management, protection, and enhancement program
including proposed wetland plant materials and other native vegetation.
17.18.080 Approval and findings required Findings of Approval.
The community development department shall review the shoreline development plan.
A shoreline development permit shall be approved deemed complete if it is found that
the proposed project will:
A. Not adversely affect the existing Clear Lake water quality; and
B. Not negatively affect the long-term preservation of lands along the Clear Lake
shoreline area; and
C. Not affect any rare and endangered plants and animals; and
D. Be compatible with the natural environment existing along the Clear Lake shoreline
in the area; and
Chapter 17.25 of Title 17 of the Lakeport Municipal Code is amended to read as follows:
17.25.010 Purpose.
These provisions allow for minor adjustments from the standards contained in this code
when, because of special circumstances applicable to the property, the strict
application of this code deprives such property of privileges enjoyed by other
properties in the vicinity and under identical land use districts.
17.25.020 Conditions.
Any minor exception granted shall be subject to such conditions as will ensure that the
adjustment will not constitute a grant of special privilege(s) inconsistent with the
limitations upon other properties in the vicinity and land use district in which such
property is situated.
17.25.030 Applicability.
The community development director may grant a minor exception up to a maximum of
ten percent governing the following measurable design/site considerations or other
similar situations.
A. Distance between structures.
B. Lot dimensions.
C. On-site parking, loading, and landscaping.
D. Setbacks.
Any modification request which exceeds the prescribed limitations outlined in this
section shall require the filing of a variance application.
17.25.040 Application.
An application for a minor exception shall be filed on forms provided by the community
development department.
17.25.050 Review and notice Approval Notification.
Upon receipt of a minor exception application, the community development director
shall provide notice to contiguous property owners of the request of the intent to
consider a minor exception. Said notice shall be for information purposes. An objection
filed within five days by a contiguous property owner shall result in the matter being
referred to the planning commission for a decision. Prior to approval of a minor
exception, and not less than ten (10) calendar days prior to the proposed issuance, the
community development department shall notify owners of contiguous properties
immediately adjacent to the said project and/or additional properties as determined
by the community development director. Notification shall be given by mail or
delivery.
The written notice shall declare that the requested minor exception may be issued
without review and decision by the planning commission if no written request for
review is filed with the community development department within ten (10) calendar
days of the date of mailing.
If no request for review and decision by the planning commission is filed with the
community development department, the minor exception permit may be issued by
the community development director.
If a request for review by the planning commission is filed with the community
development department pursuant to this subsection, the community development
director shall schedule a public hearing before the planning commission at its next
regularly scheduled meeting. Notification of said public hearing shall adhere to the
requirements of Section 17.30 of this Code.
17.25.060 Findings.
Following the notice, tThe community development director shall make a decision on
the request in writing and recite herein the findings upon which such decision is based,
pursuant to Section 65906 of the Government Code. The director may approve and/or
modify an application in whole or in part, with or without conditions, only if all of the
following findings are made:
A. That there are special circumstances applicable to the property, including its size,
shape, topography, location, or surroundings which create an unusual situation in terms
of the ability to comply with code requirements.
B. That granting the minor exception is necessary for the preservation and enjoyment
of a substantial property right possessed by other properties in the same vicinity and
land use district and is restrictive to the property for which the minor exception is
sought.
C. That granting the minor exception will not be detrimental to the public health,
safety, or welfare or injurious to the property or improvements in such vicinity and land
use district in which such property is located.
D. That granting the minor exception does not constitute a special privilege
inconsistent with the limitation upon other properties in the vicinity and land use
district in which such property is located.
E. That granting the minor exception does not exceed ten percent of the standard(s)
being modified, or allow a use or activity which is not otherwise authorized by the
regulations governing the subject parcel.
F. That granting the minor exception will not be inconsistent with the general plan.
17.25.070 Precedents.
The granting of a prior minor exception is not admissible evidence in support of the
granting of a new minor exception.
17.25.080 Burden of proof.
The burden of proof to establish the evidence in support of the findings is the
responsibility of the applicant.
17.25.090 Minor exception expiration.
A minor exception shall be exercised within one year from the date of approval, or it
shall become null and void.
17.25.100 Time extension.
The director may, upon an application being filed prior to expiration and for good
cause, grant a time extension not to exceed six months. Upon granting of an extension,
the director shall ensure that the minor exception complies with all current code
provisions.
17.25.110 Revocation.
The planning commission may hold a public hearing to revoke or modify a minor
exception granted pursuant to the provisions of this chapter. Ten days prior to the
public hearing, notice shall be delivered in writing to the applicant and/or owner of the
property for which such minor exception was granted. Notice shall be deemed
delivered two days after being mailed, first class postage paid, to the owner as shown
on the current tax rolls of the county of Lake, and/or the project applicant.
A minor exception may be revoked or modified by the director if any one of the
following findings can be made:
A. That circumstances have changed so that one or more of the findings contained in
Section 17.25.060 can no longer be made, and the grantee has not substantially
exercised the rights granted by the minor exception.
B. That the minor exception was obtained by misrepresentation or fraud.
C. That the improvement authorized pursuant to the minor exception had ceased or
was suspended for six or more consecutive calendar months.
D. That one or more of the conditions of the minor exception have not been met, and
the grantee has not substantially exercised the rights granted by the minor exception.
E. That the improvement authorized pursuant to the minor exception is in violation of
any statute, ordinance, law, or regulation.
Section 17.27.030 of Title 17, Chapter 17.27 of the Lakeport Municipal Code is amended
to read as follows:
17.27.030 Authority.
Authority to approve plans for projects subject to architectural and design review shall
be authorized as follows:
A. Administrative Approval. The community development director is authorized to
review and administratively approve:
1. Change of Use. A change of use in an existing nonresidential building involving
no new construction upon the finding that the use and site meet the requirements
of this title and that all standard public improvements are existing.
2. The painting or re-painting of all commercial, industrial, multifamily,
institutional, or similar buildings.
3. Single-family dwellings and additions thereto.
B. Minor Architectural and Design Review. The community development director is
authorized to review and decide upon applications for minor architectural and design
review involving the following:
1. Small Projects. New uses, renovations, remodels, or additions to existing
nonresidential structures which do not exceed four hundred square feet in gross
floor area or that do not involve alterations to more than twenty percent of any
one or more exterior side(s) of the structure.
2. Duplex residential units.
C. The community development director shall send copies of staff reports to the
planning commission for all administrative and minor architectural and design review
approvals and may refer to the planning commission any project application which
involves a significant policy issue or that cannot be decided upon at a staff level. The
planning commission shall then assume authority for the review and decision of the
project application.
Section 17.27.070 of Title 17, Chapter 17.27 of the Lakeport Municipal Code is amended
to read as follows:
17.27.070 Application review.
Architectural and design review applications considered by the planning commission
shall be reviewed at a public hearing in accordance with the provisions of Chapter
17.29. The planning commission shall consider the application at the most appropriate
meeting date within sixty days following a determination by the community
development director that the application is complete. The community development
director shall publish a notice in the local newspaper, at least ten calendar days in
advance of the meeting, giving the application number, the applicants name and
address, the proposed action, the location, and assessors parcel number along with the
date, time, and place of the public hearing.
Administrative review and a decision on architectural and design review applications by
the community development director shall be completed without a requirement for a
public hearing within thirty days of their submittal and a determination of
completeness. Prior to approval of an administrative or minor architectural and
design review, and not less than ten (10) calendar days prior to the proposed issuance,
the community development department shall notify owners of contiguous properties
immediately adjacent to the said project and/or additional properties as determined
by the community development director. Notification shall be given by mail or
delivery.
The written notice shall declare that the requested administrative or minor
architectural and design review may be issued without review and decision by the
planning commission if no written request for review is filed with the community
development department within ten (10) calendar days of the date of mailing.
If no request for review and decision by the planning commission is filed with the
community development department, the administrative or minor architectural and
design review may be issued by the community development director.
If a request for review by the planning commission is filed with the community
development department pursuant to this subsection, the community development
director shall schedule a public hearing before the planning commission at its next
regularly scheduled meeting. Notification of said public hearing shall adhere to the
requirements of Section 17.30 of this Code.
A staff report analyzing the project and its conformance with the provision of this code
shall be developed by the community development department.
SECTION 5.
Section 17.28.010.O of Title 17, Chapter 17.28 of the Lakeport Municipal Code is
amended to read as follows:
17.28.010.O Fences and Walls/Residential Areas.
O. Fences and Walls/Residential Areas. Fences and walls constructed in all residential
zoning districts shall be subject to the following:
1. Fences or walls up to six feet in height are permitted along the interior side lot
line(s) to the front setback line, along the interior rear lot line, along the front yard
setback line, and along the side yard street setback line.
2. Fences or walls up to three feet in height are permitted along the front lot line-within the front yard setback area, and along the street side lot line--within the
street side yard setback area. Fences or walls over three feet in height, but not
exceeding six feet in height, may be allowed along the front or street side lot lines
within the front or street side yard setback areas only if approved by the planning
commission, and when the following criteria are complied with:
a.
The fence shall not create a substantial hazard to the public by creating
reduced visibility or other sight distance problems.
b. The fence shall be aesthetically pleasing and not create an inappropriate
walled-in effect, visual barrier, or result in a public safety problem.
3. Fences or walls over six feet in height but under eight feet in height along
interior side or rear lot lines may be approved by the planning commission when
the following criteria are complied with:
a.
The fence shall not create a substantial hazard to the public by creating
reduced visibility or other sight distance problems.
b. The fence shall be aesthetically pleasing and does not create an
inappropriate walled-in effect, visual barrier, or result in a public safety
problem.
4. Retaining walls are permitted along all property lines for the purpose of
retaining natural grade or engineered fill areas subject to the issuance and
approval of a building permit in compliance with the Uniform Building Code. All
retaining walls in excess of four feet in height measured from the footing shall be
designed by a civil or structural engineer. Retaining walls of any height may be
constructed adjacent or along all property lines without setback requirements.
5. Prior to the review of fence height request by the planning commission, and
not less than ten (10) calendar days prior to the proposed meeting of the planning
commission, the community development department shall notify owners of
contiguous properties immediately adjacent to the said project and/or additional
properties as determined by the community development director. Notification
shall be given by mail or delivery. The planning commission may impose
conditions on the approval of a fence height request in order to achieve
compliance with the fence criteria. The planning commission may deny a request
when the criteria have not been satisfied.
SECTION 6.
Chapter 17.29 of Title 17 of the Lakeport Municipal Code is amended to read as follows:
17.29.010 Purpose
To define the procedures and requirements for applications for land use actions.
17.29.020 Filing Eligibility for filing
Application for land use projects, action, permits, permit modifications, amendments,
and other matters pertaining to this code shall be filed with the community
development department on city application forms, together with all fees, plans, maps,
and other required information.
Applications may be made by the landowner, renter, lessee of the property, agent, or
person(s) who have contracted to purchase property contingent upon their ability to
acquire the necessary permits under this code.An application may only be filed by the
owner of the subject property or a lessee or authorized agent of the owner with the
written consent of the property owner. The applicant shall be signed by the owner of
2.
The application shall be filed with all required fees, deposits,
information, and materials as specified by the community development
department.
3.
Project proponents are encouraged to contact the community
development department before submitting and application to verify which
materials are necessary for application filing.
C. If the application package is incomplete, a letter specifying what is required to
make it complete will be sent to the project proponent within thirty calendar days
of the submittal date. Initial Review of Application
1.
The community development department shall review each application
for completeness and accuracy before it is accepted in compliance with
Government Code 65943. Acceptance of the application shall be based on the
Citys list of required application contents and any additional written
instructions provided to the project proponent in a pre-application conference,
and/or during the initial application review period.
2.
At the discretion of the community development department, or where
otherwise required by this code or State or federal law, an application may be
referred to any public agency that may have interest in the proposed project.
3.
Within 30 calendar days of application acceptance, the project
proponent shall be informed in writing that the application is complete and
has been accepted for processing, or that the application is incomplete and the
additional information is required in conformance with Government Code
Section 65943. Upon receipt of any resubmittal of the application, a new 30
day review period shall begin, during which the community development
department shall again determine the completeness of the application.
4.
When the community development department determines that an
application is incomplete, and the project proponent believes the application is
complete or that the information requested by the community development
department is not required, the project proponent may appeal the
determination in compliance with Chapter 17.31 (Appeals and City Council
Review) of this code.
5.
After the City has accepted an application as complete, the community
development department may require the applicant to submit additional
information for the environmental review of the project in compliance with the
California Environmental Quality Act (CEQA).
D. If the application package is compete, staff will: log the application(s); prepare a
file; determine the planning commission review date; send out requests for review;
and publish a legal notice. (See Section
E. A report on the project shall be prepared and mailed to the project proponent
no later than four calendar days before the scheduled planning commission
meeting.
F. The planning commission agenda and previous meeting minutes shall be posted
seventy-two hours in advance of the planning commission meeting.
G. After planning commission action on a land use application, staff will forward
correspondence to the applicant indicating the decision. The conditions of
approval/mitigation measures shall be included in the correspondence. Land use
applications requiring city council action shall be scheduled with the administrative
clerk.
17.29.040 Project Evaluation and Staff Reports
A. Staff Evaluation. The community development department shall review all
land use applications/development permits to determine if they comply with all
applicable requirements, including the Zoning Ordinance, other applicable
provisions of the Municipal Code, the General Plan, and any applicable specific
plan.
B. Staff Report. The community development department shall provide a written
recommendation for all land use applications/development permits subject to the
review authority of the planning commission and/or city council (as applicable) as
to whether the application should be approved, approved with conditions, or
denied.
C. Report Distribution. Each staff report shall be furnished to the applicant at the
same time it is provided to the review authority before action on the application
17.29.040 050 Time limits for decision on a project Expiration of Application
Land use projects which require an environmental impact report shall be decided
upon within one year of the date the application was deemed complete. Land use
projects which require a negative declaration or which are exempt from the
California Environmental Quality Act shall be decided upon within six months of the
date the application was deemed complete.
A. If an applicant fails to provide additional information, as specified in Section
17.29.030.C.3, requested in writing by the community development department
within six months (180 days) following the date of the letter, the application shall
expire and be deemed withdrawn, without any further action by the City.
B. The community development director may grant one 90-day extension, if the
project proponent files a written request with the community development
department before expiration.
C. After the expiration of an application, future City consideration shall require
the submittal of a new, complete application and associated fees.
17.29.050 060 Fees
The city council shall, by resolution, establish a schedule of fees for land use
applications, amendments, and other matters pertaining to this chapter. The schedule
of fees may be changed or modified by resolution of the council. Review shall not
commence on any application until all applicable fees have been paid in full. The city is
not required to continue processing and application unless its fees are paid in full.
Failure to pay the applicable fess is grounds for denial of the application.
SECTION 7. Severability: Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable.
SECTION 8. CEQA. This ordinance is not a project subject to the California
Environmental Quality Act (CEQA). Project does not include general policy and
procedure making or [o]rganizations or administrative activities of governments that
will not result in direct or indirect physical changes in the environment pursuant to
CEQA Guidelines 15378(b). In addition, this ordinance is categorically exempt from
CEQA pursuant to CEQA Guidelines 15305 as the issuance of said permits will not
result in the modification of any land uses or density pursuant to CEQA Guidelines
15305
SECTION 9. Effective Date. This ordinance shall take effect thirty (30) days after
adoption as provided by Government Code section 36937.
SECTION 10. Certification. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall give notice of its adoption as required by law.
Pursuant to Government Code section 36933, a summary of this Ordinance may be
published and posted in lieu of publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the 5th day of
January, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting
thereof held on the 19th day of January 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
_____________________________
KELLY BUENDIA, Acting City Clerk
___________________________
MARC SPILLMAN, MAYOR
CITY OF LAKEPORT
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
ITEM:
VI.A
DATE:
December 9, 2015
PROJECT NAME:
FILE NO:
ZC 15-04 / CE 15-11
City of Lakeport
225 Park Street
Lakeport, California 95453
STAFF CONTACT:
PROPOSED ACTION: Per the adopted minute order of the Planning Commission on November
18, 2015, Community Development Department (CDD) Staff has prepared a draft ordinance
outlining proposed minor revisions to the Zoning Ordinance to improve transparency and
streamline permit processing procedures. In accordance with Section 17.32.010.C of the Zoning
Ordinance, the Planning Commission should review these proposed text amendments to the
Zoning Ordinance and transmit its recommendation upon adoption of these revisions to the
City Council.
BACKGROUND / DISCUSSION: In 2003, the City of Lakeport surveyed local residents and
businesses as part of the preparation of the City of Lakeport Business Retention and
Recruitment Strategy. Those businesses interviewed cited, amongst other things, that last
minute changes to approved project plans and limited or poor communication about City
policies, expectations, and activities were a serious concern. Although more than ten years
have passed, the concerns expressed in this survey remain relevant today. Relevant in the fact
that they are included within the Economic Development Element of the General Plan 1 and are
frequently expressed still by the local business community. To partially address these concerns,
Community Development Department (CDD) staff recommends that the Planning Commission
consider a series of small amendments to the Citys zoning ordinance in order to improve
transparency in its administrative approval of discretionary land use development permits and
improve the streamlining by which the Planning Division accepts and reviews land use
development applications.
Revisions pertaining the improving transparency within the Administrative Approval process:
The zoning ordinance provides the community development director the authority to approve
certain discretionary land use development permits. These allowances permit the
administrative approval of: shoreline development permits, zoning permits, minor exceptions
to development and design standards, and administrative & minor architectural and design
review.
The City of Lakeport Zoning Ordinance currently allows for the filing of appeals of
administratively approved permits per Section 17.31.030. This section allows for the Planning
Commission to review administratively approved permits if an appeal is filed within five (5)
business days of a decision. However, other than in the case of the issuance of zoning permits,
there is no mechanism required for the notification of the public of a pending administrative
approval action.
To remedy this situation CDD staff is recommending that adjoining property owners to any
property where the administrative approval of a discretionary land use development is being
considered be notified a minimum of ten (10) days in advance of any decision by the
community development director. If any adjoining property owner takes issue with the
approval they may seek an automatic review of the action by the Planning Commission.
Notification of adjoining property owners, in staffs opinion strikes a balance between the
current no notification system of most administratively approved projects and the standard
notification procedures for public hearings outlined in Section 17.30.030 which require a formal
legal notice placed in the newspaper of record and distributed by mail to all property owners
within 300 of the proposed project.
Affected chapters of the Zoning Ordinance Include: Regulations for Clear Lake Shoreline
Development (SD) Combining District (Chapter 17.18), Regulations for Zoning Permits (Chapter
17.22), Minor Exceptions (Chapter 17.25), Architectural and Design Review (Chapter 17.27), and
Performance Standards (Chapter 17.28).
Proposed Amendments to the Land Use applications procedures process: A Chief complaint
from the business community in regards to the Citys land use development process is the
length in application processing time and a perceived last minute changes to approved project
plans. The California Permit Streaming Act (Government Code 65920 et. seq.) requires that
within thirty (30) days of the receipt of a land use development application, a local agency
make a determination as to the completeness of the application. If an application is
determined to not be complete, an incomplete notification and a request for additional
information is required to be provided to the applicant in writing.
Although consistent with the requirements of the state permit streaming act, the current City
of Lakeport land use application processing procedures outlined in Section 17.29.030 of the
Zoning Ordinance contains an extra step in the permitting process that is not present within the
development procedures of most other local jurisdictions. At current, project application
packets are submitted to the CDD for review of the completeness of the application for a thirty
day period. Once an application package is determined to be complete it is then circulated for
review to other Federal, State and local agencies with regulatory or permitting issuance
jurisdiction over projects.
Upon review of several other local jurisdictions land use application review procedures it was
noted that the internal review period by the Planning Division and the period in which project
applications are reviewed by other Federal, State and local agencies are typically combined
together in one step as a means of streaming the permitting process and reducing ambiguity in
development requirement expectations. CDD staff believes the combining of this process
within Lakeports land use development process will aid in reducing the processing time of land
use development permits and assist in the building of trust with the business and development
community through the reduction in perceived last minute changes in requirements for land
use development permits. Additionally staff believes the combining of these two permit
processing steps is more consistent with the spirit and intent of the California Permit and
Streaming Act.
In composing the proposed amendments to the land use development application procedures
of Section 17.29 of the Zoning Ordinance, City staff consulted the development codes of: the
County of Lake, Butte County, Town of Windsor, City of Calistoga and City of Grass Valley.
Proposed Zoning Ordinance amendments affect Section 17.29 (Applications and Fees).
ZONE CHANGE (Text Amendment): Section 17.32.010 spells out specific criteria and findings
necessary for the approval of Zone Changes, including text amendments. The required four (4)
findings for Zone Changes are outlined in the table below:
1.
2.
3.
4.
This project does not involve the rezoning of any lands or a change in permitted uses. Proposed
amendments pertain to permit processing procedures only. Staff analysis of each individual
finding criteria is as follows:
1. The proposed Zone Change text amendment is in the publics interest.
Staff Analysis: As noted in the background/discussion section above, the Lakeport community
has for several years expressed frustration in the Citys land use development process.
Common complaints includelong processing times, requested last minute project changes
and poor communication between staff and applicants. The proposed minor revisions to the
Zoning Ordinance are intended to directly address these stated concerns.
The incorporation of project notification for administrative discretionary land use decisions will
increase transparency and provide a greater opportunity for public input on land use decisions
prior to the approval of a project. Additionally, the proposed amendments to the application
processing procedures combining the existing Planning Division project internal review process
with review period by other Federal, State and local agencies will assist in reducing permit
processing times and reduce applicants frustration with requests for project changes several
times throughout the application review process.
2. The proposed Zone Change text amendment is consistent and compatible with the entire
General Plan and any implementation programs that may be affected.
Staff Analysis: The Economic Development Element of the General Plan, as previously
mentioned in the background/discussion section of this report, acknowledges the need to
improvepermit processing timelines, eliminate last minute changes to approved project
plans, improve the communication between staff and project applicants related to City policies
and development expectations and control the cost of business in Lakeport.2 A key
component of the proposed Zoning Ordinance revisions is the streamlining of permit processing
through the combining of the current project completeness determination review period
(Section 17.29.030.B) with the request for review to other local, State and Federal Agencies
review period (Section 17.29.030.D).
This combining of existing review periods within the current Zoning Ordinance will aid in
reducing permit processing time and the number of instances in which an applicant would be
required to revise project plans. Limiting the number of times that revisions to development
plans are needed also has the added spillover benefit of reducing an applicants overall project
costs. Reducing the cost of business is recognized by Policy ED.3 of the Economic Development
Element of the General Plan which states: The city shall work to retain a competitive cost of
doing business in Lakeport relative to the Bay Area and Lake County Region. 3
Overall the proposed minor revisions to the Zoning Ordinance assist in facilitation of a more
business-friendly local government environment through better facilitation of permit
processing and the creation of a more supportive business environment by providing clear and
consistent development standards, procedures and information to the business community,
consistent with Policy ED 2.1 4 and Objective ED 3 5 of the Economic Development Element of
the General Plan, respectively.
3. The potential impacts of the proposed Zone Change text amendment have been assessed
and have been determined not to be detrimental to the public health, safety, and welfare.
Staff Analysis: Proposed revisions to the text of the Zoning Ordinance does not involve the
rezoning of any lands or the change in permitted land uses and thus will not result in any
detrimental impacts to public health, safety or welfare.
4. The proposed Zone Change text amendment has been processed in accordance with the
applicable provisions of the California Government Code and the California Environmental
Quality Act.
Staff Analysis: The proposed revisions to the Zoning Ordinance is not a project as defined by
the California Environmental Quality Act (CEQA). Project does not include general policy and
procedure making or [o]rganizations or administrative activities of governments that will not
result in direct or indirect physical changes in the environment pursuant to CEQA Guidelines
15378(b).
In addition, these proposed revisions to the Lakeport Zoning Ordinance are categorically
exempt from CEQA pursuant to CEQA Guidelines 15305 as the issuance of said permits will not
result in the modification of any land uses or density pursuant to CEQA Guidelines 15305.
Attachments:
SAMPLE MOTIONS
Categorical Exemption:
Move that the Planning Commission find that the proposed Zone Change text amendment (ZC 1504) is not a project as defined by the California Environmental Quality Act per CEQA Guidelines
Section 15378(b) and further that this action is categorically exempt from the California
Environmental Quality Act pursuant to CEQA Guidelines Section 15305.
Zone Change:
Move that the Planning Commission recommend that the City Council approve a Lakeport
Zoning Ordinance text amendment (ZC 15-04) as applied for by the City of Lakeport, subject to
the findings listed in the staff report dated December 9, 2015.
Commissioner Taylor advised anything that can streamline things would make the process better. Taylor
advised he works with contactors on a regular basis and he used to hear complaints about the City all the
time; now with our new staff hes heard good things. He believed staff was on the right track.
Commissioner Wicks liked the idea; anything we can do to make it easier is best.
Commissioner Russell stated she agrees with the comments from Commissioner Taylor and she is pleased
to hear that streamlining is in the works. Associate Planner Chance stated he has worked with several
different jurisdictions and hes never seen land use development permits done this way. Most cities in the
CDD reviews the project forward before the submittal of the application which gives the opportunity of
setting up pre-application meetings, if it is a large project, getting the different agencies involved early on.
Chance advised when done this way, by the time the 30 day review period comes the problems have pretty
much been worked out. Chance stated it then doesnt put the burden on the City where we have several
files sitting around for a long time.
Commissioner Wicks advised of a change to Attachment 1 section 17.18.090 Review by the planning
commission, the hyperlink needed to be corrected to read 17.18.090. Wicks advised that in Attachment 1
Section 17.27.030.C it states The Community Development Director shall send copies of staff reports to
the Planning Commission for all administrative and minor architectural and design review approvals, etc.
He stated the Commission has not received these staff reports in the past and asked if they were ever
supposed to get them. Ingram advised yes, staff has been providing the conditions of approval on
anything approved at a staff level not just the minor architectural and design review.
Ingram stated staff still plans to provide the commission with the project list and any project that is
approved administratively that has project conditions of approval he still wants forwarded to the
commission.
Wicks advised that on Attachment B Section 17.29.030 Land Use application procedures stated A
prospective project proponent is encouraged to request a pre-application conference with the community
development staff before completing and filing a land us application/development. He proposed that it
should read A prospective project proponent shall be required to attend a pre-application conference,
etc. Wicks stated it would beneficial to all parties to have a face to face contact with staff. Ingram stated
he agreed with his suggestion however he would have to check with the Citys attorney because we may
not be able to require them to go to a pre-application conference.
Commissioner Wicks moved to initiate through a minute order of the Planning Commission the
preparation of minor amendments to the text of the zoning ordinance to increase transparency in the Citys
administrative approval process and streamline the Citys land use development application review
process consistent with Section 17.32.010.A.3 of the Zoning Ordinance with changes as suggested.
Motion was seconded by Commissioner Kauper.
The vote was called and was as follows:
AYES: Commissioner Wicks, Russell, Taylor, Kauper and Chair Gayner (5-0)
NOES: None
ABSENT: None
Respectfully submitted,
Kevin M. Ingram
Community Development Director
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Lakeport AutoZone proposal for Zone Change of a portion of
property located at 301 Industrial Avenue from I Industrial
to C-2 Major Retail (ZC 14-01)
SUBMITTED BY:
MEETING DATE:
01/05/2016
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Existing
Zoning
I
Proposed Zoning
C-2
As part of its consideration of the proposed Zone Change Application, the City Council may reconsider, modify
and/or amend the decision of the Planning Commission as it pertains to other associated applications related to
the Lakeport AutoZone project.
Meeting Date: January 5, 2016
Page 1
A complete copy of the December 9, 2015 Planning Commission staff report is provided as Attachment #2 of this
report which provides a detailed analysis of each project application and includes the following additional
information: CEQA Initial Study, Tentative Parcel Map, Building Elevations & Site Plan, Building Color Sample
Board and Variance Application materials.
OPTIONS:
1. Introduce the proposed Zone Change Ordinance; and schedule a public hearing for February 2, 2016 for the
second reading of the Zone Change Ordinance and adoption of a Mitigated Negative Declaration for the
proposed project.
FISCAL IMPACT:
None
Budgeted Item?
Yes
General Fund
No
Yes
No
Water OM Fund
Sewer OM Fund
Other:
Comments: None
SUGGESTED MOTION:
Move to introduce the Zone Change Ordinance for the Lakeport AutoZone project (ZC 14-01); and schedule a
public hearing for a second reading of the Zone Change Ordinance and adoption of a Mitigated Negative
Declaration based on the Environmental Review/Initial Study ER 15-02.
Attachments:
1. Draft Zone Change Ordinance for the Lakeport AutoZone Project (ZC 14-01)
2. Lakeport AutoZone Project Planning Commission Staff Report (12/9/2015)
3. Planning Commission Approved Project Conditions of Approval
Page 2
ORDINANCE NO.
(2016)
WHEREAS, the owner of the subject property (APN 005-045-30) has applied for
a Zone Change (ZC 14-01) from the I, Industrial to the C-2, Major Retail; and
WHEREAS, the City of Lakeport Planning Commission has conducted a public
hearing (December 9, 2015) on the proposal submitted by Sam LaMonica and
recommended that the City Council adopt the proposed Zone Change; and
WHERAS, the Lakeport City Council have conducted public hearings (January 5,
2016 and February 2, 2016) on the request and considered the pertinent facts; and
WHEREAS, the proposed rezoning is in conformance with Chapter 17.32 of the
Lakeport Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN AS
FOLLOWS:
SECTION 1
Pursuant to Sections 17.32.010 and 17.10.010 of the Lakeport
Municipal Code, the Zoning Map of the City of Lakeport is hereby amended to rezone
the designated land identified and described on the map entitled Exhibit A, from I,
Industrial to C-2, Major Retail.
SECTION 2
The City Clerk is hereby directed to cause the Zoning Map of the
City of Lakeport to be amended to show the number and date of this Ordinance and to
reflect the change effected thereby.
SECTION 3
The City Council finds that the environmental impacts of this
rezoning have been adequately addressed in the Initial Study (ER 14-01), and that a
mitigated negative declaration consistent with the provisions of the California
Environmental Quality Act (CEQA) has been prepared. The City Council further finds
that the proposed amendment is in the publics interest, is consistent with the Lakeport
General Plan, and is not detrimental to the communitys health, safety, and welfare.
SECTION 4
All code sections or parts of code sections in conflict herewith are
hereby repealed to the extent of such conflict and no further.
SECTION 5
Within fifteen (15) days of its passage, this Ordinance shall be
published at least once in the Lake County Record-Bee, a newspaper of general
circulation printed and published within the City of Lakeport.
ORDINANCE #
(2016)
REZONE LANDS
This Ordinance was introduced before the City Council of the City of Lakeport at a
regular meeting thereof on the 5th day of January, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
This Ordinance was duly enacted by the City Council of the City of Lakeport at a regular
nd
meeting thereof on the 2 day of February, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
MARC SPILLMAN, MAYOR
ATTEST:
_____________________________
KELLY BUENDIA, Acting City Clerk
ORDINANCE #
(2016)
REZONE LANDS
465 CAMPBELL LN
395 CAMPBELL LN
Subject Property
Portion of APN 005-045-30
1825 S MAIN ST
337 CAMPBELL LN
(Parcel #1 of PM 14-01)
New zoning designation:
C-2 (Major Retail)
1800 S MAIN ST
1855 S MAIN ST
1875 S MAIN ST
McAtee Marine
1900 S MAIN ST
1950 PARALLEL DR
2011 S MAIN ST
2025 S MAIN ST
NO SCALE
EXHIBIT A
1930 S MAIN ST
Legend
Lakeport Parcels
CITY OF LAKEPORT
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
ITEM:
VI.B
DATE:
December 9, 2015
FILE NO:
APPLICANT:
AutoZone Inc.
Mitch Bramlitt
123 South Front Street
Memphis, TN 38103
LANDOWNER:
Sam LaMonica
4190 Silverado Trail
Napa, CA 94558
ENGINEER:
ARCHITECT:
STAFF CONTACT:
Kevin M. Ingram
PROPOSED ACTION AND LOCATION: Applications for a Tentative Parcel Map to create four
(4) new parcels, a Zone Change from I- Industrial to C-2 Major Retail for proposed Parcel 1, a
Lot Line Adjustment with 292 Industrial Avenue, an Architectural and Design Review for a
proposed 7,842 square foot retail building on proposed Parcel 1, a Variance to exceed the
maximum amount of signage permitted by an additional 50 square feet, and consideration of the
adoption of a mitigated negative declaration based upon the CEQA Environmental Review
prepared for the project.
The subject properties are located at 301 and 401 Industrial Avenue and are further described
as APNs 05-045-29 and -30. The Lot Line Adjustment involves the common property line
between 292 Industrial Avenue (APN 05-045-30) and 401 Industrial Avenue (APN 05-045-30).
GENERAL PLAN DESIGNATION AND ZONING DISTRICT: The project site is designated
Major Retail according to the City of Lakeport General Plan Land Use Map and is zoned I Industrial Zoning District according to the City of Lakeport Zoning Map.
OVERALL PROJECT DESCRIPTION: National retailer AutoZone, Inc. and the property owner
(Sam LaMonica) of an 8.532 acre parcel of land on Industrial Avenue have jointly submitted
several land use applications associated with a Zone Change, TPM for 4 new lots and proposed
new retail commercial building project.
The applicants propose to subdivide the subject land into 4 parcels, Rezone proposed new
Parcel 1 to Major Retail, construct a new 7,842 square foot retail store on the new Parcel 1 (at
the corner of Industrial Avenue and South Main Street), complete a lot line adjustment, and
obtain a building mounted Sign Ordinance variance.
The project is subject to the provisions of the California Environmental Quality Act (CEQA) and
a CEQA Initial Study has been prepared for the project.
The above referenced land use applications are addressed in this Staff Report and the CEQA
Initial Study (Attachment #) and require approval by and/or a recommendation by the Lakeport
Planning Commission and Lakeport City Council. This Staff Report includes a detailed
description of each individual application component, a Lakeport Municipal Code conformity
analysis, and recommendations for Planning Commission and City Council actions.
AutoZone Inc. has submitted a variety of technical studies, plans, and other materials to support
the environmental review process and land use application. These submittals include the
following:
Traffic Impact Analysis Report (KD Anderson & Associates, Inc. 2013)
The subject property is an 8.532 acre site located in the City of Lakeport, on the west side of
South Main Street, with land area on both sides of Industrial Avenue.
As shown on the proposed TPM (Sheet TPM-1), existing buildings are located on proposed
Parcels 2 and 3. The existing buildings include a small office building on the south side of
Industrial Avenue and a marine repair business with related outdoor storage and display areas
at the west end of the site.
2
Access to the subject site and existing buildings is provided from Industrial Avenue, which is
currently a 50 wide road and utility easement. The road is a non-City standard 30 foot wide
asphalt roadway which is not improved with curbs, gutters or sidewalks.
The site has a relatively flat topography overall, and the land generally slopes easterly from the
Highway 29 on the west side to S. Main Street on the east side. There is a high point ground
surface elevation of 1346 above sea level (ASL) at the northwest corner of the site and a
second high point elevation of 1344 ASL on the mid-point western property line. The low point
elevation of 1333 ASL exists at a point near South Main St.
There are two drainage courses which extend through the subject property, one essentially
following the northern property line and the other to the south of the McAtee Marine building on
proposed Parcel 3.
There is a 30 X 36concrete masonry pipe (CMP) extending under Highway 29 at the northwest
corner which terminates at an open ditch which flows east to a point behind Lakeport Tire and
Auto (1901 South Main Street), where it then turns north and flows behind a storage building
and retail store just to the east of the Lake County Corporation yard where it then turns
northeast and is then contained within a 42 CMP and flows under S. Main St. into Clear Lake.
The second drainage course extends from under Highway 29 to the south of the McAtees
Marine building site. This surface water drainage outfalls into the subject site from two 6 box
culverts that extend from the west under the freeway and Parallel Drive and drain into an open
channel which flows into a storm drain line intake structure about 200 to the east. The open
drainage channel is about 5 deep and approximately 15 to 20 wide measured at the top of the
bank.
Storm water flows from the open channel to the intake structure and then into three 48
diameter concrete masonry pipes along the southern edge of the site. These three pipes extend
through an existing 20-foot storm drainage easement to a small open fenced pond area which is
the inlet structure for two 48 CMPs that flow east under South Main Street and then drain into
Clear Lake in the Pier 1900 Lagoon.
There is riparian vegetation including Black Willow trees in and adjacent to the open drainage
course. There is a bridge over top of the intake structure which provides vehicular access to the
southern portion of proposed Parcel 3.
Portions of the site have been used in the past as a grading/road contractor construction-yard
and are heavily disturbed. Areas of the site were leveled in the past and filled with road base
material.
The subject land has a limited amount of vegetation consisting primarily non-native grasses and
forbs. The most notable vegetation is shown on the TPM in the northern portion of APN 05-04529 (proposed Parcel 3). The map identifies a cluster of cottonwood and oak trees in the vicinity
of a storm water drainage course that extends through APN 05-045-29. There is also riparian
vegetation adjacent to the pond on the rear side of the Kmart retail store (2019 South Main
Street) that lies to the immediate south of the project site.
Portions of the site including the proposed AutoZone site (proposed Parcel 1) are currently used
as a non-authorized parking area for vehicles and freight hauling trailers. A storm drain line
berm and K-Marts mature redwood trees are present along the southern side of the subject
site.
Curb, gutter and sidewalk are present along the eastern edge of the property along South Main
Street. On-street parking and a Class 2 bike lane also exists along this side of South Main
Street.
Existing uses in the vicinity of the subject site include the K- Mart store and shopping center with
O'Reilly Auto Parts just to the south. Lakeport Tire and Auto (the co-applicant for the Lot Line
Adjustment) is located to the north. Land uses to the north also include mini storage units and
the Lake County Corporation yard. There is vacant commercial land to the east along with
residential areas along the Clear Lake shoreline area.
Land to the north, south, and east is designated Major Retail according to the Lakeport General
Plan Land Use Map; land to the east near Clear Lake is designated Low Density Residential.
State Highway 29 is existing to the immediate west and land along Parallel Drive further west is
designated Professional Office.
AutoZone, Inc. desires to build a new retail auto parts store at the southwest corner of Industrial
Avenue and South Main Street. Because the City Zoning Map designates the subject property
as Industrial, the applicant has submitted a Zone Change application for C-2 Major Retail
Zoning for the area of proposed Parcel 1.
The existing 8.532 acre property is currently un-subdivided land with a private non-standard
street extending west from South Main Street. In order for AutoZone to build on a separate lot,
there is a need for the approval and recordation of a parcel map, hence the TPM application.
Property owner LaMonica has proposed to subdivide the land into four lots.
The construction of a new retail commercial building is subject to the Citys Architectural and
Design Review provisions and application procedures.
The lot line adjustment is required because there is an existing building encroachment and
property line setback issue existing between the Lakeport Tire and Auto site and the LaMonica
land. There are co-applicants involved in the proposed Lot Line Adjustment: Sam LaMonica,
property owner, and Bob and Toni Funderburg, owners of Lakeport Tire and Auto who are a
party to the lot line adjustment.
AutoZone has indicated that they have a desire for additional square footage to be included in
the proposed building mounted signs and the size of signs that they have proposed does not
conform to the size limitations set forth in the Lakeport Sign Ordinance and are seeking
approval of a Variance in order to use the preferred corporate sign program.
ordinance text. The justification statement shall give the reasons why the amendment is
necessary and shall provide information documenting that:
1.
Staff Analysis: AutoZone, Inc. is proposing to construct a 7,842 square foot retail building on a
proposed new .868 acre lot at the southwest corner of Industrial Avenue and South Main Street.
The proposed Parcel 1 is part of a TPM application which is a component of this development
project.
Proposed Parcel 1 is situated on land that is currently zoned by the City of Lakeport as I
Industrial. The City of Lakeports Industrial zoning designation does not permit the construction
of retail buildings or the full range of retail-commercial establishments. As such a Zone Change
application was required to be submitted by the developer in order to change the zoning
designation from Industrial to C-2 Major Retail.
Section 17.10.020 A. Municipal Code (Zoning Ordinance) indicates that retail sales of auto parts
is allowed in the C-2 district.
The determination as to whether or not the proposed Zone Change is in the publics interest will
be considered by the City of Lakeport Planning Commission and Lakeport City Council at
noticed public hearings. The Planning Commission after considering the applicable facts and
information will make a recommendation to the City Council, who has final decision making
authority under the Lakeport Zoning Ordinance.
Numerous factors are to be considered by the Planning Commission and City Council in the
determination of public interest, including the level of conformance with the Zone Change
Criteria set forth in Section 17.32.010 of the City Zoning Ordinance. The applicants Zone
Change justification statement, the proposed project details, the staff analysis, public input and
comments, and input from other public agencies should be considered by the Planning
Commission and City Council in the determination of public interest.
The applicant has submitted a written statement Request for Rezoning of Property which
provides background information and rational for the proposed Zone Change. The applicants
statement confirms that proposed Parcel 1 is currently zoned Industrial and that a change to
Commercial is needed in order for the new AutoZone retail facility to move forward through the
Citys development process. The applicants statement describes surrounding land uses
including the land to the north, south, and east which are presently zoned Commercial by the
City. The applicant concludes that after reviewing the present zoning and allowed uses,
AutoZone feels that it would best fit the City of Lakeports C-2 Major Retail zoning classification
and is petitioning the City to allow the property to be rezoned as such.
2.
Staff Analysis: The Lakeport General Plan has been adopted in accordance with the provisions
of California law and includes several mandatory elements such as Land Use,
Transportation/Circulation, Noise, Conservation, Safety, and Housing. In addition there are
several other General Plan Elements that the City has chosen to include such as the Urban
Boundary, Community Design and the Economic Development Elements. Within each of these
General Plan Elements there are stated purposes, discussion about existing conditions, goals,
objectives, policies, programs and responsible parties. Taken together the General Plan
language is intended to be internally consistent and compatible and to provide the community
with a clear understanding as to what the intended land use and growth picture of the City is.
The Lakeport General Plan also includes a Land Use Designation Map Figure 1. This map
illustrates land use designations for all land within the City of Lakeport and surrounding areas.
The current Land Use designation for the proposed AutoZone lot at the corner of Industrial and
South Main Street is Major Retail (MR).
According to the text of the Lakeport General Plan Land Use Element, the Major Retail
designation is the principle retail designation for the Lakeport area; the place for regional and
local serving retail establishments; specialty shops; banks; professional offices; motels;
business and personal services..This designation is typically assigned to larger parcels that
can provide sufficient land for a shopping center; located on a major arterial street and
established commercial areas with off street parking and/or clusters of street-front
stores.Consistent zoning districts include, but are not limited to C-1, C-2 and C-3.1
The proposed AutoZone Zoning Designation change from IIndustrial Zoning District to C-2
Major Retail Zoning District is consistent and compatible with the existing City of Lakeport
General Plan Land Use Map along with other applicable goals, objectives, policies, and
programs of the General Plan.
3. The proposed amendment will not be detrimental to the communitys health, safety,
and welfare.
Staff Analysis: The Zoning Change application for the proposed new AutoZone lot at the
corner of Industrial Avenue and South Main Street as described above is consistent with the
Lakeport General Plan. The City in its preparation and adoption of the Lakeport General Plan
intended for this area to be zoned C-2 Major Retail. Through this action the City made a
comprehensive determination that commercial zoning of the subject lot would in fact not be
detrimental to the communitys health, safety and welfare, because its consistent with the Land
Use Designation Map. This perspective, which relates directly to the communitys health, safety,
and welfare, is acknowledged in the Introduction section of the Lakeport General Plan which
indicates that the General Plan represents an agreement among the residents of Lakeport on
basic values, ideals, and aspirations to govern a shared environment.
The City Council in its adoption of the General Plan and specifically the Land Use Designation
Map determined that the future C-2 Major Retail zoning of the subject site (Parcel 1) is not
detrimental to the communitys health, safety and welfare.
4. The proposed amendment complies with the California Government Code and
California Environmental Quality Act.
Staff Analysis: Lakeport City staff has prepared an Initial Study (IS) environmental document in
accordance with the provisions of the California Environmental Quality Act (CEQA). The CEQA
IS addresses the totality of the LaMonica/AutoZone project including the TPM, the proposed
Zone Change, and the Architectural and Design Review for the proposed construction the
AutoZone retail building (and associated site improvements) and can be found as Attachment 4
to this staff report along with proposed mitigation measures.
The IS has identified potentially significant environmental impacts associated with the proposed
TPM and the Architectural and Design Review for the proposed site improvements and has
recommended mitigation measures which when implemented will reduce and eliminate the
identified impacts to a less than significant level. There are no potentially significant
environmental impacts identified in the IS that are associated with the Zone Change for the
AutoZone project.
Zone Change Application Findings:
1. The applicant has submitted a written statement which provides background
information and rational for the proposed Zone Change. The applicants statement
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confirms that that the proposed subject lot is currently zoned Industrial and that a
change to Commercial is needed in order for the new AutoZone retail facility to move
forward through the Citys development process.
2. The applicant concludes that after reviewing the present zoning and allowed uses,
that it would best fit the City of Lakeports designation of C-2 Major Retail zoning and
is petitioning the City to allow for the property to be rezoned as such.
3. The current General Plan Land Use Map designation for the proposed AutoZone lot
at the corner of Industrial and South Main Street is Major Retail (MR).
4. The proposed AutoZone zoning designation change from I- Industrial to C-2 Major
Retail is consistent and compatible with the existing City of Lakeport General Plan
Land Use Map along with other applicable goals, objectives, policies, and programs
of the General Plan.
5. The City Council in its adoption of the General Plan, and specifically the Land Use
Designation Map, determined that the future C-2 Major Retail Zoning of the subject
site (Parcel 1) is not detrimental to the communitys health, safety and welfare.
6. Lakeport City staff has prepared an Initial Study (IS) environmental document in
accordance with the provisions of the California Environmental Quality Act (CEQA)
which addresses the totality of the LaMonica/AutoZone project including the
proposed Zone Change.
7. There are no potentially significant environmental impacts identified in the IS that are
associated with the Zone Change for the AutoZone parcel (Parcel 1).
8. The proposed Zone Change from I-Industrial to C-2 Major Retail is in conformance
with Section 17.32.010 of the Lakeport Municipal Code regarding Zoning
Amendments.
Zone Change Application Recommendation:
Based on the above staff analysis and findings, staff recommends approval of the Zone Change
request and recommends that the Planning Commission recommend approval to the Lakeport
City Council.
Proposed Parcel 2 will be situated just to the west of Parcel 1 and will also have a rectangular
shape and a rough dimension of 140 x 460. Parcel 2 will front on the south side of Industrial
Avenue. The bulb of the new cul-de-sac will be located at the northwest corner of Parcel 2 and
extends towards Parcel 4. Parcel 2 will be configured to include and function with one of the
existing buildings on the property, at the west end of the proposed lot. This parcel will contain
1.480 acres of land area.
Proposed Parcel 3 will be a modified triangular shaped parcel with its apex directed to the
south. This lot is to be situated at the west end of Industrial Avenue with frontage on the bulb of
the cul-de-sac. This lot includes and will function with an existing building and commercially
developed area occupied by McAtees Marine with its western edge lying adjacent to State
Highway 29. Parcel 3 will contain 2.664 acres of land area according to the TPM.
Proposed Parcel 4 will be a rectangular-shaped parcel. It will be located on the north side of the
property and have approximately 450 of frontage (width) on Industrial Avenue and 140 of
depth. Proposed Parcel 4 is vacant and will contain 1.361 acres of land area.
The TPM (Attachment 4) identifies the subject site and the proposed subdivision. The TPM
includes a legal description, general notes, a list of utility providers, a proposed street
improvement profile, and general information about the project.
The TPM generally complies with the Citys Subdivision Ordinance in terms of the details that
must appear on the map. The TPM identifies the existing improvements on each of the
proposed parcels, along with ground surface elevations, existing building locations, vegetation,
existing and proposed public easements, adjacent land ownership and development, adjacent
right-of-way and street improvements, existing water and sewer utilities, flood zone boundaries,
drainage channels and easements, and other information.
There are two existing buildings located on APN 05-045-30. The building shown on proposed
Parcel 2 on the south side of Industrial Avenue is a professional office, and the building on
proposed Parcel 3 houses McAtees Marine retail and service operations.
The TPM also identifies a building encroachment extending across the east property line of
proposed Parcel 4. This building encroachment issue necessitated the application for a lot line
adjustment, which has been submitted, and reviewed by City Staff herein (see Lot Line
Adjustment section of this Staff Report).
The TPM identifies improvements which include a propane tank and water well on proposed
Parcel 2, storm drainage facilities on proposed Parcels 1 and 3, asphalt paving in and around
the existing buildings on Parcels 2 and 3, an existing sewer line that extends along the north
side of the subject property, and a sewer lateral that extends south from the main line to serve
the existing structures.
The subject property has a relatively flat topography with a high-point elevation of 1,344 above
sea level and a low-point elevation of 1,334. The land slopes from west to east. There is
existing vegetation in the northern portion of APN 05-045-29, including several oak trees on the
north side, and riparian vegetation adjacent to the storm water drainage course that extends
through APN 05-045-29. There is also wetland vegetation adjacent to the pond on the rear side
of the Kmart store.
The TPM indicates that sewer service will be supplied by the City of Lakeport. Existing
structures are served by the Citys sewer system. Water service to the existing improvements
and proposed parcels is currently being provided by an existing well located on Parcel 2
according to the map. However a new water main will be extended from South Main Street in
Industrial Avenue and will provide City water service to each of the new lots.
Fire protection is provided by the Lakeport County Fire Protection District. There are also slope
and erosion control notes identified on the map.
The TPM illustrates the 50 wide Industrial Avenue profile and provides a typical section for the
proposed street. The map identifies existing survey information, adjacent property owner
names, assessor parcel numbers, and other details. It should be noted that the subject property
is located directly north of the existing Kmart site and south of several industrial uses adjacent
to Campbell Lane.
CONFORMANCE WITH TITLE 16, CHAPTERS 16.12 THROUGH 16.26 OF THE LAKEPORT
MUNICIPAL CODE / SUBDIVISION ORDINANCE:
A parcel map is defined by the Lakeport Subdivision Ordinance as a subdivision map of four or
less proposed new parcels prepared in accordance with the provisions of the Lakeport
Subdivision Ordinance and suitable for recordation with the Lake County Recorder.
Section 16.12.020 of the Subdivision Ordinance provides the form and content requirements,
accompanying data, and report requirements for a TPM. A TPM shall be prepared in a manner
acceptable to the Community Development Department by a Registered Civil Engineer, land
surveyor, or other property owner agent. The TPM shall be clearly and legibly drawn and shall
contain not less than the information set forth in the Ordinance.
Section 16.12.030 of the Subdivision Ordinance indicates that additional data shall be provided
if determined to be necessary and an engineering soils report shall be provided as well. Upon
receipt of a TPM, a Staff Report will be prepared and the map shall be presented to the
Planning Commission who shall approve, conditionally approve, or deny the map in accordance
with the provisions and findings set forth in Sections 16.08.070 B., C., and D. of the Lakeport
Subdivision Ordinance.
The TPM is to be reviewed by the Planning Commission at a public hearing. The Planning
Commission has a responsibility to consider and approve the TPM, and the Planning
Commission must find that the TPM, together with the provisions for the design and
improvement thereof is consistent with the Lakeport General Plan and applicable provisions of
the Subdivision Ordinance.
The Planning Commission may require as a condition of approval payment of all development
fees, modify or delete any of the conditions of approval recommended in the Staff Report, or
add additional conditions in order to protect the public health, safety, and welfare.
The basic concept of the proposed TPM is the creation of four parcels out of the 8.532 acre
parcel of land. There is an existing private drive which extends down the center of the parcel
west of South Main Street. This driveway, known as Industrial Avenue, was developed initially
when the land was in the County, and according to City records has not been dedicated to the
public. Three parcels will be created off of the south side of Industrial Avenue and one parcel
will be created on the north side. A proposed cul-de-sac street with a length of about 900 is
proposed to be dedicated as a 50 wide public right-of-way and terminate in a cul-de-sac bulb in
the western portion of the subject site.
There are some prominent features with the subject site, including some existing buildings, an
open drainage ditch, an existing well, existing sewer, and other features. Proposed parcels 2
and 3 will separate the two existing buildings onto separate lots, and proposed parcels 1 and 4
will be vacant. Proposed Parcel 1 is the location of the AutoZone retail store and site
improvements. This parcel will be created with the recordation of the Parcel Map and then sold
to AutoZone.
There is the existing building encroachment issue associated with the separately-owned land at
the northeast corner of Industrial Avenue and South Main Street where there is an existing
building encroaching over the property line. A lot line adjustment application has been submitted
to resolve this encroachment issue.
The aforementioned APN 05-045-29 does have a separate assessor number as defined by the
County of Lake, however, City staff has previously looked at this parcel and determined that it
was created by deed and would not be recognized as a legal parcel by the City pursuant to a
certificate of compliance application. The Parcel Map recordation will resolve this situation.
City staff has prepared a CEQA Initial Study and included the TPM project. Notice of the TPM
and CEQA public hearing concerning the project has been made in accordance with the
Municipal Code. The Planning Commission must find that the TPM, together with the provisions
for the design and improvement thereof, is consistent with the Lakeport General Plan and
applicable provisions of the Subdivision Ordinance.
The Planning Commission may require, as a condition of approval, payment of all development
fees, modify or delete any of the conditions of approval recommended in the Staff Report, or
add additional requirements as conditions in order to protect the public health, safety, and
welfare. If the TPM is approved or conditionally approved, the Community Development
Department will forward a written report to the City Council who may call the map up for review.
If the Council decides to review the map, it will be done so at a public hearing after notice is
given.
The City Council may add, modify, or delete conditions if the Council determines that such
changes are necessary to insure compliance with the Subdivision Map Act and the Subdivision
Ordinance.
Chapter 16.17 of the City of Lakeport Subdivision Ordinance provides for the design and
improvement standards for all subdivisions.
The following is the staff analysis of the proposed TPMs level of compliance with Chapter 16.17
of the Lakeport Subdivision Ordinance.
Section 16.17.010
A.
The size and shape of lots shall be such as are proper for the proposed use,
locality, and topography in which the subdivision is situated and shall be not less
than any applicable Zoning Ordinance requirements.
Staff analysis: The proposed lots appear to be proper for their proposed use as a
commercial and industrial subdivision. The area in which the subdivision is proposed is
also industrial and commercial in nature and the proposed subdivision is consistent with
the other lots in this locality. The size and shape of the proposed lots is proper as the
topography of the subject site is essentially flat. The proposed lot sizes are not less than
the applicable Zoning Ordinance standards as each parcel exceeds the minimum lot size
in the C-2 District.
B.
C.
The side lines of lots shall run at right angles to the street upon which the lot faces,
as far as practicable.
Staff analysis: All proposed lots are at right angles to either the South Main or the
Industrial Avenue frontage.
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D.
Lots having double-frontage with depths of less than two hundred (200) feet
should be discouraged except where necessitated by topographic or other physical
conditions.
Staff analysis: None of the proposed parcels have a true double frontage, except for
Parcel 1 which will be a standard corner lot design, and for Parcel 3 which will front on
Hwy 29, where there is controlled access.
E.
Corner lots shall have extra width, sufficient to permit the maintenance of building
lines on both front and sides.
Staff analysis: Parcel 1 is the only corner lot within the proposed subdivision. This lot has
a width of 270 feet and a depth of 140 feet. A commercial development project is feasible
with these dimensions. The only limitation which could affect maintenance activities is the
underground storm drain line and easement on the south side. The site plan for the
proposed retail building on this corner lot depicts a design which does allow for and will
facilitate maintenance activities.
F.
All lots shall be suitable for the purposes for which they are intended.
Staff analysis: The proposed lots are suitable for the purpose for which they are intended
which is to provide for a lot arrangement within a proposed Commercial zoning district and
existing Industrial district. The lot layout design is defined by the shape of the parcel and
the need to provide for the dedication and development of Industrial Avenue through the
center of the property. The proposed lots provide land area for existing buildings, parking,
landscaping, utilities, and other existing and proposed site improvements. The Lakeport
Zoning Ordinance defines the building and site development standards for future
improvements. All of the proposed lots are large in terms of land area (.868 2.664 acres)
and are of sufficient dimension to facilitate future commercial land development including
the development of buildings, parking areas, landscaping, utilities, on-site maneuvering
area, and other related site improvements.
G.
In all cases where sewage is to be handled by individual septic tank drainage, the
sub divider shall present a written statement from the country health officer
certifying that sewage can be satisfactorily disposed of on each lot by septic tank
method.
Staff analysis: Not applicable. The property will be served by City sewer.
H.
Where water is proposed to be supplied by individual wells on each lot, and sewage
is proposed to be disposed of by individual septic tank method, the sub divider
shall present a written statement from the County Health Department certifying that
the functions of water supply and septic tank drainage can be satisfactorily
accomplished on each lot.
Staff analysis: Not applicable. The project will be provided with City water and sewer.
Section 16.17.020
A.
Blocks:
Blocks shall not be longer than one thousand two hundred feet between
intersecting street lines, except on major streets and thoroughfares where longer
blocks may be required.
Staff analysis: The length of the Industrial Avenue cul-de-sac is about 900 which is
appropriate.
B.
Improved walkways (public access easements) not less than ten (10) feet in width
may be required to be dedicated through long blocks where necessary to provide
access to schools, parks, scenic easements, or lake frontage.
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Staff analysis: The project involves the subdivision of industrial/commercial land. There
are two existing buildings and other improvements and land uses occurring on the subject
property. Curb, gutter, and sidewalks do not exist on any portion of the subject site except
for a portion of S. Main Street. The existing site improvements were built when the land
was under County of Lake jurisdiction and the County does not require urban development
standards in the Lakeport sphere of influence. The design of the proposed subdivision
involves a long cul-de-sac street in the center of the property with no intersecting or
adjoining streets or adjacent land (except South Main Street). There are no public streets
which are contiguous to the subject property which would allow for access to schools,
parks, scenic easements or lake frontage. As such, there is no need or requirement for
public access easements to be dedicated through the site.
Section 16.17.030 Easements: Easements not less than five (5) feet wide shall be
required on each side of all lots and the rear of all lots where necessary for poles, wires,
drainage, and water services or other utilities.
Staff analysis: The TPM identifies a large number of existing easements with various
notations, arrows and lines, including the Industrial Avenue roadway easements, two separate
existing 50 wide road access easements extending from the end of Industrial Avenue to the
south. Notations on the TPM indicate that some of the existing easements are to be abandoned
including the 50 wide Industrial Avenue easement and the two 50 wide road access easements
that extend from the west end. There is an existing 10 x 650 sewer easement shown on the
north side of the TPM which staff is requesting to be expanded to 20 in width to allow adequate
access for the placement of equipment needed for any eventual maintenance of the sewer line
in this area. The TPM also identifies the existing 20 wide storm drainage easement on the
south side of the site extending through proposed lots 1 and 2 which will also remain. The TPM
does identify proposed 5 wide public utility easements along most, but not all of the proposed
lot lines. The City engineer is also requesting the establishment of a 5 public utility easement
behind the proposed sidewalk fronting parcel 1 due to existing topography in this area allowing
for maintenance without the need to re-construct sidewalk in the future. The final parcel must
accurately detail the offer of 5 wide Public Utility easements inside all proposed lot lines and as
otherwise recommended by City staff consistent with subdivision ordinance requirements.
Section 16.17.040 Watercourses: Existing natural or proposed relocated watercourses
shall be shown as easements, and storm drains shall be placed in easements. The
Planning Commission or City Engineer may require watercourses to be placed entirely in
underground conduits. Surface drainage facilities shall be adequately fenced or
otherwise improved to provide for public safety and an aesthetically pleasing
environment.
Staff analysis: There are existing natural water courses on the subject property, including a
partially open ditch/pipeline running from west to east through proposed Parcel 3 south of the
existing McAtees Marine building. In addition there is an open channel along the entire northern
property line.
A minimum 20 wide storm drainage easement must be provided for the entire length of the
drainage course on the south and southwest portion of the property - from Hwy 29 along the
southern edge of proposed parcels 1 and 2 to the South Main Street right-of-way. The open
channel sections are proposed to remain in place. The Biological section of the project
Environmental Review recommends the incorporation of a 20 non-buildable setback be noted
on the final map for areas near the existing wetlands behind the Kmart facility and the section of
open drainage bisecting proposed Parcel 3. This required setback is in conformance with the
recently revised Conservation Element of the General Plan which includes policies encouraging
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the protection of existing riparian vegetation. Staff is not recommending the undergrounding of
any existing surface drainage as a part of this project.
Section 16.17.050 Monuments: Durable survey monuments approved by the City Engineer
shall be installed or referenced to the following locations:
A.
Boundary corners;
B.
At intervals of not more than five hundred (500) feet along boundary lines;
C.
At the beginning and end of property line curves or points of intersection, at the
discretion of the City Engineer.
D.
Lot corners.
Staff analysis: The requirement for survey monuments is set forth as a condition of approval.
Section 16.17.060 Setbacks: Building setbacks shall be required at least as great as
the applicable zoning requirement.
Staff analysis: The I Industrial Zoning District requires specified front, rear, and side yard
setbacks as set forth in Section 17.13.050 of the Municipal Code. The C-2 Major Retail Zoning
District allows flexible setbacks and zero rear and side yard setbacks. There are two existing
buildings on the subject property and the design of the proposed lots provide for Zoning
Ordinance setback compliance.
Proposed construction of site improvements and buildings will be required to comply with City
setback requirements and Building Code requirements for separation between buildings.
Section 16.17.070
Staff analysis: There is a requirement to prepare and submit full City street right-of-way
improvement plans and City sewer, water, and storm drainage utility plans prior to construction
or recordation of the Parcel map. The City Engineer is recommending the incorporation of
several minor amendments to the proposed tentative map in order to facilitate better road and
street design which takes into account existing site environment and to better accommodate
future development. These include modifications to the location of curb, gutter and sidewalk;
design of stormwater drainage systems in the right-of-way; and the location of proposed
driveway encroachments. These recommended changes have been incorporated as project
mitigation measures and conditions of approval and have been agreed to by the applicants.
Section 16.17.080
Staff analysis: Given the flat topography, compliance with the street grade specifications is
feasible.
Section 16.17.090
Staff analysis: Given the flat topography, compliance with the street side slope grade and right
of way width specifications is feasible.
Section 16.17.100
Streets--Design specifications:
Staff analysis: For subdivisions in Commercial and Industrial Zoning Districts in flat areas with
0-10% cross slopes, the City right of way dedication requirement is 50-60, the improved street
width requirement is 40, and 4 foot wide sidewalks must be provided on both sides of the street.
The TPM will include as a project mitigation measure the requirement to provide a 50 wide
right-of-way and a cul-de-sac and a cul-de-sac bulb with a curb to curb diameter of 150 with an
additional 5 public utility easement and pedestrian easement behind the sidewalk. Roadway
construction shall be made consistent with the proposed TPM dated May 19, 2015. The sub
divider will be required to enter into a subdivision improvement agreement which will require the
13
submittal of improvement plans to the City which will be reviewed and approved by the City
Engineer to ensure compliance with City standards.
Section 16.18.010 General:
The sub divider shall construct all required improvements, both on-site and on-site, in
accordance with the standard engineering specifications and other approved standards
as provided by this chapter and by the city councils resolution(s) establishing such
standards.
Staff analysis: No final map shall be presented for approval until the subdivider either
completes the required improvements or enters into an agreement with the City to do the work.
Section 16.18.020
Required Improvements:
14
The Citys CEQA Initial Study on the project describes the storm drainage impacts
associated with the project. There will be increase in impervious area that will occur over
time as the industrial and commercially zoned areas develop. This is considered a
significant impact and there must be sufficient mitigation provided to minimize or eliminate
impact to downstream property owners.
The City Engineer is recommending the incorporation of several minor amendments to the
proposed tentative map in order to better facilitate stormwater drainage at this site. These
recommendations include the submittal of a supplemental hydrology analysis and
stormwater drainage plan. The final map and subdivision improvement plans will be
required to incorporate the findings of the supplemental hydrology analysis into the
stormwater drainage plan so as to ensure the installation of a system capable of collecting
and detaining the stormwater generated from the proposed project so that there is no net
increase in the flow rate of off-site runoff. Other minor revisions include re-directing some
drainage to better follow existing drainage patterns and provide access for future
maintenance of stormwater detention facilities. These recommended changes have been
incorporated as project mitigation measures and conditions of approval and have been
agreed to by the applicants.
D. Sanitary Sewers. Each unit or lot within the subdivision shall be served by an
approved sanitary sewer system, in accordance with the provisions of this Code.
Staff analysis: The proposed parcels are to be served by City sewer. There is an existing
sewer line shown on the TPM extending from the small office building on proposed Parcel 2
to the north. The TPM is indicating that a new 8 sewer main will be constructed within the
proposed Industrial Avenue street right of way.
E. Water Supply. Each unit or lot within the subdivision shall be served by an approved
domestic water system, in accordance with the provisions of this Code.
Staff analysis: All of the proposed new parcels will be served by City water. A new 12
water main is proposed to be constructed with the proposed Industrial Avenue street right of
way.
F. Utilities. Each unit or lot within the subdivision shall be served by gas, electric,
telephone, and cable television facilities.
Staff analysis: The Subdivision Ordinance requires that the projects new lots be provided
with the full range of utilities. All existing and proposed public utility infrastructure
improvements and private service laterals will need to be noted on the final subdivision
improvement plans.
G. Underground Utilities. All existing and proposed utilities within the subdivision and
along peripheral streets shall be placed underground except those facilities exempted
by the Public Utilities Commission regulations. Undergrounding shall be required for
overhead lines on either side of peripheral streets.
Staff analysis: There are four existing overhead utility poles which are carrying power,
telephone, and cable lines extending west on Industrial Avenue. The poles and overhead
lines will be required to be relocated and placed underground. New on-site utilities will be
relocated and installed underground.
H. Fencing. Each parcel or lot within the subdivision that is adjacent to property
containing a public facility shall have an approved fence adequate to prevent
unauthorized access between the properties. Fencing or sound barriers may be
required in areas adjacent to freeways or arterial or collector streets.
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Staff analysis: It does not appear that there is a need for additional fencing because the
properties are not adjacent to a public facility, nor is there an apparent need to prevent
unauthorized access between parcels.
I.
Other Improvements. Other improvements including, but not limited to, grading,
street lights, fire hydrants, signs, street lines and markings, street trees and
landscaping, monuments, bicycle lanes, trails, fences, and smoke detectors, or fees
in lieu of any of the foregoing, shall also be required as determined by the City in
accordance with this Code, the General Plan, and City standards and specifications.
Staff analysis: This section of the Subdivision Ordinance requires that grading, street
lights, fire hydrants, signs, street lines and markings, street trees and landscaping, survey
monuments, bicycle lanes, trails, fences, and smoke detectors may be required in
accordance with the Lakeport Municipal Code, the General Plan, and/or City standards. The
placement of additional fire hydrants at this site are required per the proposed project
conditions of approval. Landscaping and other site improvements for Parcel 1 are proposed
as part of the Architectural and Design Review component of the project.
J. Off-Site Improvements.
If the subdivider is required to construct off-site
improvements on land in which neither the subdivider nor the City have sufficient title
or interest to allow construction, the City shall, within one hundred twenty (120) days
of recording the final map, acquire by negotiation or commence condemnation of the
land. If the City fails to meet the one hundred twenty (120) day time limit, the
condition for the construction shall be waived. Prior to approval of the final map, the
City may require the sub divider to enter into an agreement to complete the off-site
improvements at the time the City acquires title or an interest in the land.
The sub divider shall pay the cost of acquiring off-site land or an interest in the land
required to construct the off-site improvements.
Staff analysis: The City may as a condition of approval require certain off-site
improvements to be constructed. These mainly concern the construction of roadway and
stormwater conveyance improvements in front of property located at 292 Industrial Avenue
and 1901 South Main Street to allow for their continued use of Industrial Avenue. No other
notable off-site improvements are recommended as a result of the proposed project.
Section 16.18.060
Improvement Plans:
A. General. Improvement plans shall be prepared under the direction of and signed by a
registered civil engineer licensed by the State of California.
Improvement plans shall include, but shall not be limited to, all improvements
required pursuant to Section 16.18.020.
Staff analysis: Project improvement plans will be prepared by a civil engineer and will
need to be approved by the City Engineer and the Utilities Department prior to the issuance
of a development permit.
TPM Application Findings:
1. The land owner/project proponent has submitted a tentative parcel map (TPM)
application for the purpose of subdividing an 8.532 acre parcel of land into four parcels
(Parcels 1, 2, 3 and 4).
2. The form and content requirements, accompanying data, and report requirements of the
TPM generally complies with the Lakeport Subdivision Ordinance.
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3. The proposed TPM parcels are proper for their proposed use as a commercial and
industrial subdivision. The size and shape of the proposed parcels are proper for the
topography of the subject site as the area is essentially flat.
4. The proposed parcels are suitable for the purposes for which they are intended within
the Industrial and Commercial zoning districts.
5. The proposed parcels are large in terms of land area (.868 2.664 acres) and are of
sufficient dimension to facilitate future commercial land development.
6. All of the proposed new parcels will be served by City water and sewer.
7. Storm water runoff will be collected and conveyed to an engineered storm drain system.
8. The final parcel map will not be presented for approval until the subdivider either
completes the required improvements or enters into an agreement with the City to do the
work.
9. Utility poles and overhead lines will be relocated and placed underground.
10. The projects new parcels will be provided with the full range of utilities.
11. Engineered right-of-way improvement plans for construction of the street improvements,
curbs, gutters, sidewalks, driveways, and other public facilities within the street right of
way will be provided.
12. Grading, street lights, fire hydrants, signs, street lines and markings, street trees and
landscaping, survey monuments, and other improvements are required as a condition of
the TPM approval.
TPM Application Recommendation: Based on the above staff analysis and findings, staff
recommends approval of the LaMonica TPM request to subdivide an 8.532 acre parcel of land
into four parcels and recommends Planning Commission approval subject to mitigation
measures and conditions of approval provided in the Initial Study/Environmental Review
(Attachment 2) prepared for this project.
first on-site parking space. This driveway design is projected to provide satisfactory operations
given the low traffic volumes on Industrial Avenue together with traffic volumes projected to be
generated by the business.
According to the applicant, the architectural design of the proposed retail store is consistent with
other AutoZone Inc. stores throughout the United States. As shown in attachments 7 and 8, the
retail store will be a single story building that will have a stucco finish and painted in neutral
colors. A cultured stone veneer (Chardonnay, Country Ledge stone) and a 4-inch split face
block veneer will provide architectural interest and depth to the outside walls. The roof line will
be level and surrounded by a cornice outlined with aluminum coping (una-clad dark bronze).
The proponent has indicated that the new store project will also include the following
improvements:
Improvements to the curb, gutter, and sidewalk along the Industrial Avenue frontage
(south and north sides of Industrial Avenue) and the returns at South Main Street and
Industrial Avenue.
Relocation of a fire hydrant from the northeast corner (along South Main Street) to a new
location on the northeast side of the property. All proposed structures are within a 250foot hose lay length from a fire hydrant. In compliance with the Citys Fire Code, the fire
hydrant and the water lateral feeding the hydrant are at least 6 inches in size.
Installation of a new eight-inch fire service water lateral line between Industrial Avenue
and the retail building.
Installation of a new sewer lateral from the west side of the building and down Industrial
Avenue to provide a connection to the line on the east side of South Main Street.
Installation of a new water line from the west corner of the building and down Industrial
Avenue to connect to the existing 14-inch water main in South Main Street.
Construction of an underground storm drain detention system (including a 500 cubic foot
underground storage basin) that ties into the existing storm drain system at the south
side of the site.
18
The landscaping materials are required to be continuously maintained over the life of the project
and will be replaced if necessary.
AutoZone is proposing to install a 50-square-foot pylon sign that will be 25 feet in overall height
and two wall signs that total 100 square feet in size. AutoZone is requesting a sign variance
from Chapter 17.52 of the Municipal Code which allows for two wall signs not to exceed a
combined 50 square feet in area. AutoZone is requesting two (2) signs that are 67 and 33
square feet respectively. AutoZone is requesting the City approve a variance that will allow for
larger sign areaan additional 50 square feet beyond what is allowed.
All construction equipment and materials would be temporarily stored on the project site during
construction. The construction site would be accessed from Industrial Avenue.
The project is expected to be constructed during a 4-month period. AutoZone Inc. is proposing
to construct the project, pending City approvals, in 2016. Construction activities related to the
AutoZone store are not anticipated to be phased.
CONFORMANCE WITH CHAPTER 17.27 OF THE LAKEPORT MUNICIPAL CODE ARCHITECTURAL AND DESIGN REVIEW: Section 17.27.010 of the Zoning Ordinance
indicates that the purposes of the Architectural and Design Review provisions are:
A.
To protect the public health, safety, and general welfare of the City by promoting orderly
and harmonious growth.
B.
To carry out the goals, policies, and programs of the Lakeport General Plan with respect
to land development and community design.
C.
To ensure that new development occurs in accordance with the provisions of this title.
D.
To recognize the correlation between land values and aesthetics and to provide a
method by which the City may manage this correlation to the benefit of the community.
E.
F.
To ensure that future development is attractive and harmonious with Lakeports unique
character and community identity.
G.
To encourage excellence in design for all new development which harmonizes style,
intensity, and type of construction with the natural environment and respects the unique
features of each site and the surrounding area.
H.
To promote high quality design that enhances the entire community, is consistent with
the scale and quality of existing development, and is harmoniously integrated with the
natural environment.
I.
J.
K.
To preserve buildings and areas with historic or aesthetic value and maintain the
character and scale of the City.
According to Section 17.27.080 of the Lakeport Municipal Code the Planning Commission or
Community Development Director may approve, conditionally approve, or deny an application
for Architectural and Design Review. The Planning Commission or Community Development
Director shall review proposed applications for consistency with the Architectural and Design
Review criteria and standards included in the Zoning Ordinance and shall require any
19
conditions necessary to meet the purpose of the chapter in order to attain compliance with the
criteria set forth herein.
As is the case with all Architectural and Design Review applications, the Planning Commission
has the authority to review proposed projects for consistency with the Architectural and Design
Review criteria and standards found in the Lakeport Zoning Ordinance. The Planning
Commission may require conditions as necessary to attain compliance with the Zoning
Ordinance standards.
Section 17.27.110 of the Citys Municipal Code sets forth the Architectural and Design Review
Criteria and Standards and indicates new projects shall be in compliance with the applicable
criteria, which are outlined below in checklist form.
Staff analysis, comments and/or recommended changes and/or conditions of approval are
provided where applicable.
Yes
No
N/A
Discussion / Recommended
Condition of Approval
20
Yes
No
N/A
Discussion / Recommended
Condition of Approval
Yes
No
N/A
Discussion / Recommended
Condition of Approval
Yes
No
N/A
Discussion / Recommended
Condition of Approval
Yes
No
N/A
Discussion / Recommended
Condition of Approval
Discussion / Recommended
Condition of Approval
Yes
No
N/A
22
Yes
No
N/A
Discussion / Recommended
Condition of Approval
23
Yes
No
N/A
Discussion / Recommended
Condition of Approval
faade.
Yes
No
N/A
Discussion / Recommended
Condition of Approval
24
Yes
No
N/A
Discussion / Recommended
Condition of Approval
As shown in Attachment 8,
sand dune (light tan) and
nuthatch (light brown) will be
used as the base colors of the
building and lessen the
importance of the building
mass.
25
Yes
No
N/A
Yes
No
N/A
Discussion / Recommended
Condition of Approval
Discussion / Recommended
Condition of Approval
26
Yes
No
N/A
Discussion / Recommended
Condition of Approval
27
Yes
No
N/A
Discussion / Recommended
Condition of Approval
Yes
No
N/A
Discussion / Recommended
Condition of Approval
28
Yes
No
N/A
Discussion / Recommended
Condition of Approval
29
Yes
No
N/A
Discussion / Recommended
Condition of Approval
AutoZone Inc. is proposing to construct a new retail store on proposed Parcel 1 as shown
on the TPM - a new .87 acre undeveloped lot at the southwest corner of South Main Street
and Industrial Avenue.
2.
The proposed AutoZone store will consist of a 115 x 65 single-story, 21-foot-tall, 7,842square-foot retail building with standard site improvements..
3.
The proposed project does not include any unusual architectural components that will
create a jarring disharmony.
4.
The proposed improvements will be compatible with nearby buildings. The building
setbacks, landscaping, and other site features minimize incompatibility concerns.
5.
The proposed building materials, color scheme, varied roof lines, and other architectural
features provide adequate visual variation.
6.
The proposed project will provide adequate building setbacks needed to minimize
shadows on Industrial Avenue and South Main Street.
7.
Landscaped areas and the parking lot provide a buffer between the public streets and the
retail building.
8.
Building entrances, windows, split-face block veneer and chamfered block, and stone
veneer in the lower portions enhance the buildings human scale.
The proposed color scheme is in compliance with the building color criteria as it utilizes
various earth tones and relates to the surrounding environment in an appropriate way.
9.
10.
The proposed project does not include any features that will negatively impact adjacent
properties besides the parking lot light standards which are to be reduced in height as
detailed in the recommended mitigation measure.
11.
The proposed project does not include any features that will negatively impact adjacent
properties.
30
12.
Screening for the roof-mounted mechanical equipment (two HVAC units)is provided by the
parapet walls.
13.
A durable, City-standard trash enclosure will be provided in the southwest corner of the
parking lot.
14.
A parking lot will be developed on the west and east sides of the building. A total of 31
parking spaces will be provided on-site.
15.
Parking is proposed in the areas abutting the public sidewalk. Landscaping around the
parking lot provides a buffer between the parking lot and public sidewalk.
16.
The project landscape plan identifies 23 new 15-gallon trees around the perimeter of the
retail store. AutoZone Inc. will submit a final landscaping plan prior to the issuance of a
development permit.
Architectural and Design Review Application Recommendation: Based on the above staff
analysis and findings, staff recommends approval of the AutoZone proposal to construct a new
retail store on proposed Parcel 1 as shown on the TPM - a new .87 acre undeveloped lot at the
southwest corner of South Main Street and Industrial Avenue to include a 115 x 65 singlestory, 21-foot-tall, 7,842-square-foot retail building and related site improvements and
recommends Planning Commission approval subject to mitigation measures and conditions of
approval set forth at the conclusion of this staff report.
31
32
4. Sam LaMonica is the land owner of adjacent 301 Industrial Avenue land which is further
described as APN 05-045-30 (APN -30).
5. The lot line adjustment will eliminate the building encroachment issue, allow for the
recordation of the parcel map and enhance the development potential of both APNs 05045-30 and -28.
6. The lot line adjustment is in conformance with the lot line adjustment criteria outlined in
the Lakeport Subdivision Ordinance. The Lot Line Adjustment is exempt from the
provisions of the California Environmental Quality Act under Section 15305 Class 5 (a)
of the CEQA Guidelines.
Lot Line Adjustment Application Recommendation:
Based on the information that has been prepared by the applicants and the information in the
City staff report, staff recommends that the Planning Commission approve the lot line
adjustment application subject to the applicable conditions of approval. Please see the
recommended motion at the conclusion of the staff report.
Pending the approval of the proposed project, the lot line adjustment will be required to be
completed in accordance with Section 16.23.050 of the Lakeport Municipal Code within one
year of the approval date.
1.
The applicant/owner shall provide the City with new legal descriptions / deeds for each of
the subject parcels. The legal descriptions / deeds shall be prepared and stamped by a
registered land surveyor or civil engineer and shall be reviewed and approved by the City
prior to being recorded by the County. The cost for the Citys contract surveyors review of
the legal descriptions shall be paid by the applicant/owner.
2.
The applicant/owner shall pay the estimated property taxes for the parcels, including
advance taxes for the next fiscal year, as required by the County Tax Collectors Office
prior to the recordation of the lot line adjustment.
3.
The applicant/owner shall obtain consent of lienholders prior to recordation of the lot line
adjustment on a form provided by the City of Lakeport.
4.
33
Section 17.52.050 of the Citys Municipal Code (Sign Ordinance), permits one (1) building
mounted sign not to exceed 50 square feet in total size and one (1) free standing sign not
exceeding 25 feet in height and having more than 50 square feet of signage on any one face for
individual stand-alone retail operations in the C-2 zoning district. Additionally, Planning
Commission Resolution No. 46adopted in accordance with Section 17.52.060 of the zoning
ordinancepermits an additional building mounted sign for retail operations in the C-2 zoning
district on corner lots but does still limits the total amount of building mounted signage to 50
square feet.
Permitted
Sign Type
Building Mounted
Requested
No.
Sq. Ft.
Height
No.
Sq. Ft.
Height
50
Roofline
100
Below
Roofline
Freestanding
100
25 ft.
100
25 ft.
TOTALS
150
--
200
--
The applicants request for an additional 50 square feet in building mounted signage therefore
requires the approval of a variance by the Lakeport Planning Commission.
According to Section 17.52.130 Variances of the Municipal Code - Sign Ordinance, where
practical difficulties, unnecessary hardships and results inconsistent with the general purposes
of the Sign Ordinance may occur due to the strict application of the Ordinance, a Sign Variance
may be granted by the Planning Commission as provided for in the City Zoning Ordinance
Chapter 17.26. This section of the Sign Ordinance goes on to say that economic hardships shall
not be considered a practical difficulty.
CONFORMANCE WITH CHAPTER 17.26, SECTION 17.26.050, OF THE LAKEPORT
MUNICIPAL CODE, VARIANCE FINDINGS
Following the public hearing, the Planning Commission shall record their decision in writing and
shall recite the findings upon which such decision is based, pursuant to Section 65906 of the
Government Code. The Commission may approve and/or modify an application in whole or in
part, with or without conditions, only if all of the following findings are made:
A. The strict application of this Code deprives the property of privileges enjoyed by
other properties in the vicinity, and under identical land use district classification, due
to special circumstances applicable to the property including size, shape,
topography, location, or surroundings;
B. That granting the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other properties in the same vicinity and land
use district and denied to the property for which the variance is sought;
C. That granting the variance will not be materially detrimental to the public health,
safety, or welfare, or injurious to the property or improvements in such vicinity and
land use district in which the property is located;
D. That granting the variance does not constitute a special privilege inconsistent with
the limitations upon other properties in the vicinity and land use district in which such
property is located;
E. That granting the variance does not allow a use or activity which is not otherwise
expressly authorized by the regulations governing the subject parcel; and
34
F. That granting the variance will not be inconsistent with the Lakeport General Plan.
In terms of compliance with the Municipal Code provisions regarding the granting of a variance,
the Planning Commission must review the information submitted by the applicant, contained in
the staff report, and received at the public hearing. The Planning Commission must make
findings that the proposal is in compliance with the criteria outlined above. Staff has addressed
each criterion in the order listed above.
Staff Analysis:
A. In the applicants variance justification statement it is noted that the strict application of the
Sign Ordinance allowing for a maximum of 50 square feet of building mounted signage
does not adequately allow AutoZone to brand our store and stay competitive with the
OReilly Auto parts store next door. It is further stated by the applicant that: If we were
denied the variance as requested, we feel that we would be put at a competitive
disadvantage and thus creates our hardship.
The referenced OReillys Auto Parts store is located 2011 South Main Street and is situated
within the KMART shopping center lying immediately adjacent to the proposed AutoZone
store to the south. Although the OReilly Auto Parts and proposed AutoZone stores are both
located within the C-2 zoning district, the sign regulations provided per Section 17.52 of the
zoning ordinance and applicable Planning Commission resolutions of interpretation provide
differing criteria for retail stores located within shopping centers and that of standalone
operations, respectively.
Signage for the OReilly Auto Parts retail building at 2011 South Main Street site was
approved as part of an Architectural and Design Review application AR 98-008 for a Kragen
Auto Parts operations. Regulations for signage within shopping centers is guided by the
Planning Commission Resolution No. 58 which permits 1.5 square feet of signage for each
lineal foot of leased store frontage. With 100 feet of lineal frontage the site was permitted a
maximum of 150 square feet of building mounted signage limited to a maximum of two (2)
building mounted signs. Detached signage for individual tenants within a shopping center
without a central marquee sign are limited to a low profile monument sign subject to the
approval of the Planning Commission. In this instance the site was permitted a monument
sign of 5 feet in height with signage area limited to a maximum of 30 square feet per side.
Approved building mounted signage allowed for a 90 square foot sign for the south building
elevation and a 60 square foot sign for the east building elevation.
In 2011, the building was purchased by OReilly Auto Parts and a building permit was
obtained for the changing of signs. As a part of that building permit the building mounted
signage was reduced below what was permitted by AR 98-008. Both the building mounted
signage on the south and east building frontages are 45 square feet in size (total of 90
square feet). In conclusion the OReilly Auto Parts store currently has 40 additional square
feet of signage more than what would be permitted for the proposed AutoZone building.
OReilly Auto Parts
AutoZone Request
Sign Type
No.
Sq. Ft.
Height
No.
Sq. Ft.
Height
Building
Mounted
1000
Below
90
Below
Freestanding
100
25 ft.
60
5 ft.
TOTALS
200
--
150
--
Roofline
35
Roofline
Staff believes that the strict application of the provisions of the Sign Ordinance does not
deprive the property of privileges and enjoyed by other properties in the vicinity. Although
the permitted amount of building signage for the proposed site is 40 square less than what is
permitted for a like operation in the neighboring shopping center it is important to note that
the amount of freestanding signage for the AutoZone site allows for 100 square feet
whereas the OReilly Auto Parts store is limited to 60 square feet. As such both locations
would be permitted 150 square feet in total signage between three signs (building mounted
and freestanding).
B. The granting the proposed Variance is not necessary in order to allow the applicant the
benefit of displaying two building-mounted signs. Planning Commission Resolution No. 46
permits retail establishments on corner lots within the C-2 zoning district to have two (2)
building mounted signs oriented to each separate street frontage. See variance staff
analysis section A above for additional discussion.
C. The granting of this variance would not be material detrimental to the public health, safety,
or welfare, or injurious to property or improvements in the vicinity of the site.
D. Approval of the proposed Variance could constitute a special privilege inconsistent with the
limitations upon other properties in the vicinity and land use district in which the subject
property is located. If approved the granting of the variance would allow for a 100%
increase in the amount of building mounted signage beyond that permitted by the zoning
ordinance. Furthermore, the proposed AutoZone operation would be permitted 10 additional
square feet in signage beyond that permitted for the neighboring OReilly Auto Parts store.
The proposed AutoZone operation is already entitled to 60 additional square feet in the
amount of freestanding signage than what is permitted under the zoning ordinance for the
OReilly Auto Parts store location.
E. Approval of the proposed Variance would allow for the installation of an additional 50 square
feet of signage on the proposed new retail building. The Citys sign regulations allow
businesses with more than one street frontage to display two building-mounted signs
provided the total signage does not exceed 50 square feet. Approval of the Variance would
allow a sign which is not otherwise expressly authorized by the regulations governing the
subject property.
F. The Lakeport General Plan includes numerous goals and polices related to enhancing the
Citys business climate and promoting economic development in order to attain an
economically viable and self-sustaining community (Lakeport General Plan, Pg. VI-1).
There are General Plan objectives related to supporting existing businesses, fostering a
supportive business environment, and maintaining the financial viability of the City. The
overall tone of these objectives is to support and enhance the local business climate for the
betterment of the community. Approval of the Variance could be considered a special
consideration that would promote and enhance the new business. However, as previously
stated, economic considerations are not intended to factor into the consideration of a
Variance. In staffs opinion, the AutoZone store will be prominently located along South
Main Street. It will feature a tall freestanding sign plus two building-mounted signs. It does
not appear that public visibility will be an issue for the applicant.
CONCLUSION AND RECOMMENDATION: Based on the information that has been submitted
by the applicant it is concluded that the proposed Variance to allow additional building mounted
sign square footage in excess of what is permitted by the Sign Ordinance for the new AutoZone
retail store is not in conformance with the applicable criteria set forth in the Municipal Code,
including the required variance findings set forth in Section 17.26.050.
Staff recommends that the Planning Commission deny the Sign ordinance Variance request.
36
If approved, the Variance project is Categorically Exempt from the provisions of the California
Environmental Quality Act according to Section 15305, Class 5(a), of the CEQA guidelines.
37
38
SAMPLE MOTIONS
Mitigated Negative Declaration Approval
Move that the Planning Commission find that on the basis of the Initial Study ER 14-01 prepared by
the Community Development Department that the Parcel Map, Zone Change and Architectural &
Design Review as applied for by Sam LaMonica and AutoZone, Inc. will not have a significant
effect on the environment and, therefore, recommend to the City Council that it approve a Mitigated
Negative Declaration for the project as provided for in the California Environmental Quality Act.
Tentative Parcel Map Approval
Move that the Planning Commission find that the tentative parcel map applied for by Sam
LaMonica on property located at 301 and 401 Industrial Avenue, is in conformity with the provisions
of the California Subdivision Map Act and Chapter 16 of the Lakeport Municipal Code and, upon
that basis, approve said map subject to the project conditions of approval and with the findings
listed in the staff report dated December 9, 2015.
Direct Community Development Staff to Complete Lot Line Adjustment
Move to direct staff to complete the lot line adjustment application (LLA 14-01) as applied for by
Sam LaMonica and Bob & Toni Funderburg between properties located at 301 Industrial
Avenue and 292 Industrial Avenue prior to the recordation of the final parcel map (PM 14-01),
on the basis that the application is in conformity with the provisions of the California Subdivision
Map Act and Chapter 16 of the Lakeport Municipal Code subject to the findings listed in the staff
report dated December 9, 2015.
Zone Change Approval
Move that the Planning Commission recommend that the City Council approve a Lakeport
Zoning Ordinance Amendment (ZC 14-01) as applied for by Sam LaMonica & Autozone, Inc. for
a portion of property (proposed Parcel 1) located at 301 and 401 Industrial Avenue from I,
Industrial to C-2, Major Retail, subject to the findings listed in the staff report dated December 9,
2015.
39
City of Lakeport, CA
GRACE
MAIN
CAMPBELL
Project Location
301 & 401 Industrial Ave.
INDUSTRIAL
29
Proposed Location of
New 7,842 sq. ft. Building
29
R
PA
TODD
PECKHAM
LE
AL
HT
SPEC
Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet
Geographic coordinate system name: GCS North American 1983
155
310
Data Provided by North Star Precision Mapping, LLC Travis Engstrom, President
339 Faulkner Street Mountain House, CA 95391 510-590-7984 tengstrom@nspmaps.com
620 Feet
Attachment 1
CITY OF LAKEPORT
COMMUNITY DEVELOPMENT DEPARTMENT
INITIAL STUDY / ENVIRONMENTAL REVIEW
(ER 14-01)
INITIAL STUDY AND ENVIRONMENTAL REVIEW
Project Title:
Permit Number:
City of Lakeport
Community Development Department
City Hall225 Park Street
Lakeport CA 95453
Project Location(s):
City of Lakeport
225 Park Street
Lakeport, CA 95453
Major Retail
Zoning:
Existing: Industrial
Proposed: Major Retail (Proposed Parcel 1); Industrial (Remainder)
Description of Project: (Describe the whole action involved, including but not limited to later phases of
the project, and any secondary, support, or off-site features necessary for its implementation. Attach
additional sheets if necessary).
The application for a Tentative Parcel Map (PM 14-01) to create four (4) new parcels, a Zone Change
(ZC 14-01) from I, Industrial to C-2, Major Retail for proposed parcel 1, a Lot Line Adjustment (LLA
14-01) with 292 Industrial Avenue, and Architectural & Design Review (AR 14-11) of a proposed
7,842 square foot retail building on proposed parcel 1, and a Variance (VR 14-01) to exceed the
maximum amount of signage permitted by an additional 85 square feet on property located at 301
& 401 Industrial Avenue in Lakeport.
Attachment 2
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Notice of the project has been provided to City departments and affected agencies and the
submitted comments are addressed in the Initial Study/environmental review. The following Initial
Study identifies potentially significant impacts associated with the project and suggests mitigation
measures which will reduce the identified impacts to a less than significant level.
Surrounding Land Uses and Setting: Briefly describe the projects surroundings:
This project is located at the southern end of the City of Lakeport. Industrial Avenue intersects the
property and is accessed via South Main Street. State Highway 29 bounds the property to the
west. The site is currently developed with a Marine Repair Business along the highway frontage.
A couple of additional vacant commercial structures are also present at the site. Property to the
northeast of the project site is vacant and zoned C-2, Major Retail. Property to the north is
designated Industrial and Service Commercial. Property to the East, South and West are
designated Major Retail and include the KMART Shopping Center.
Other public agencies whose approval is required (e.g., Permits, financing approval, or participation
agreement.) None
Location Map
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Population / Housing
Public Services
Air Quality
Recreation
Biological Resources
Transportation / Traffic
Cultural Resources
Mineral Resources
Geology / Soils
Noise
DETERMINATION
On the basis of the initial evaluation that follows:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there
will not be a significant effect in this case because revisions in the project have been made by or
agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a potentially significant impact or potentially
significant unless mitigated impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. A TIERED ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or
mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project, no further environmental
document is required. FINDINGS consistent with this determination will be prepared.
________________________________
Kevin M. Ingram, Director
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
A brief explanation is required for all answers except "No Impact" answers that are adequately supported
by the information sources a lead agency cites in the parentheses following each question. A "No Impact"
answer is adequately supported if the referenced information sources show that the impact simply does
not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No
Impact" answer should be explained where it is based on project-specific factors as well as general
standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific
screening analysis).
2)
All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3)
Once the lead agency has determined that a particular physical impact may occur, and then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation,
or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that
an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4)
"Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a
"Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII,
"Earlier Analyses," may be cross-referenced).
5)
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In
this case, a brief discussion should identify the following:
a)
Earlier Analysis Used. Identify and state where they are available for review.
b)
Impacts Adequately Addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c)
Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures, which were incorporated or refined from the
earlier document and the extent to which they address site-specific conditions for the project.
6)
Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.
7)
Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8)
This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
should normally address the questions from this checklist that are relevant to a project's environmental
effects in whatever format is selected.
9)
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
I. AESTHETICS: The project will change the general appearance of the subject property. The
construction of subdivision improvements including the public street and utilities and the development
of a new building and site improvements will alter the sites existing appearance. The project must be
reviewed and approved by the City Planning Commission and City Council under the Citys Zoning and
Subdivision Ordinances. Potential aesthetic impacts are discussed below and those aesthetic issues
beyond the scope of the CEQA checklist are addressed in the Architectural and Design Review section of
the complete staff report.
Would the project:
Potentially
Significant
Impact
a)
b)
c)
d)
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Response I a): The project will not have a substantial adverse effect on established scenic vistas. Figure
16 of the Lakeport General Plan (Conservation, Open Space, Parks and Recreation Element) details
environmentally sensitive areas, including view corridors. No view corridors exist in the vicinity of the
project. The nearest view corridor is north of the project site near Grace Lane. There is no impact.
Response I b): The project will not substantially damage scenic resources within a state scenic highway.
State Route 29 is located immediately adjacent to the west of the project site but is not designated a
scenic highway. There is no scenic highway in the vicinity of the project site according to the State of
California
Department
of
Transportation
website
(http://www.dot.ca.gov/hq/LandArch/scenic/cahisys.htm). There is no impact.
Response I c): The project will not substantially degrade the existing visual character or quality of the
site and its surroundings. The project site is an 8.5 acre parcel that is partially developed. The
subdivision of the land will change the overall visual character in that new street improvements will be
developed. The new retail building will be constructed on a lot that is currently undeveloped, vacant,
and surrounded by commercial uses. The applicant has provided exterior building elevations, material
details, and other supplemental information regarding the proposed appearance of the new retail store
and related improvements. Based on the submitted materials, it appears that the proposed
improvements are generally in compliance with the Citys Architectural and Design Review criteria which
address a variety of topics, including the requirement that new development harmonize style,
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
intensity, and type of construction with the natural environment and respect the unique features of
each site and the surrounding area.1 Staff has developed a mitigation measure which calls for the
provision of effective and complimentary screens around visible mechanical equipment associated with
the AutoZone store. This impact is less than significant with mitigation.
Response I d): The project including the subdivision of the land into 4 parcels, the construction of a new
public street, and the installation of new utilities will promote additional development and exterior
lighting. New street lights will need to be installed to City and PG&E standards along Industrial Avenue.
A photometric plan was submitted by AutoZone but only for the proposed new store location and
related improvements. The AutoZone photometric analysis did not address the entire TPM area.
The new retail store plans five wall-mounted light fixtures and four soffit lights for the front (east), west,
and north sides of the retail building. The location of the wall-mounted and soffit light fixtures on the
retail building is shown on Sheets CE1 and PH1.
The project photometric plan (Sheet PH1) indicates that four (4) 28-foot-tall parking lights will be
installed around the perimeter of the AutoZone parking lot. Two of the light poles will be double heads
and installed on the east and west sides of the property to cast light on the parking lots. The two single
head parking lights will be placed on the north side of the of the project site. The photometric plan
shows the light dispersion pattern and the potential impacts to adjacent properties. The photometric
plan indicates that the most intensive lighting impacts will be within the AutoZone parking area and on
the building and adjacent walkways. There does appear to be some spill over into South Main Street as
well; however, at much lower values.
The creation of new light sources that could impact nighttime views is a potentially significant
environmental impact. The exterior lighting serving the new retail building and related parking,
entrances, and pedestrian areas will need to be shielded, provided with property line cut-offs, and/or
down-lit so as to eliminate glare-related impacts to adjacent properties and the public right-of-ways
along Industrial Avenue and South Main Street. A mitigation measure requires the installation of
adequately-shielded parking lot and building-mounted lighting.
As shown on the plan, the proposed luminaire schedule indicates that the proposed project would not
create a new source of substantial light or glare which would adversely affect day time views in the area.
However, the proposed height of the light standards (28 feet) is not consistent with a policy set forth in
the Citys General Plan. Policy CD 7.7 of the General Plan Community Design Element addresses the
height of light fixtures suggests that light standard height should be related to the lighting need of the
use: street lights up to 30 feet high, parking areas up to 18 high; walkways and malls up to 15 feet high;
planting areas up to 3 feet high.2 Staff has developed a mitigation measure recommending that the
height of the light standards be reduced to a maximum of 18 if it is determined that the height
reduction will not detrimentally affect the sites illumination requirements.
All future improvements constructed on the proposed parcels will be required to comply with the Citys
Architectural and Design Review standards for commercial/industrial projects set forth in Chapter 17.27
of the Municipal Code as well as the performance standards set forth in Chapter 17.28.
Aesthetic impacts are less than significant with mitigation.
See conclusion of report for recommended mitigation measures.
1
2
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a)
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a)
X
X
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Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
X
X
Response III a): Notice of the project was provided to the Lake County Air Quality Management District
(LCAQMD) and there was no indication that the proposed project will conflict with or obstruct the
implementation of the Countys Air Quality program. The LCAQMD indicates the project can be
supported for air quality concerns provided that certain concerns are adequately addressed. There is
no impact.
Response III b): The construction of the project including the proposed subdivision improvements
including the new street, utilities, storm drain systems, the new retail store and the related site
improvements will result in temporary localized increases in particulate air pollution related to
earthmoving, hauling, trenching, demolition, and other construction activities. Construction activities
also result in pollutant emissions from the operation of gasoline and diesel powered equipment. These
potential impacts are less than significant with mitigation with mitigation.
See conclusion of report for recommended mitigation measures related to minimizing the generation of
dust during construction periods and other potential air quality-related issues.
Response III c): Based on the response from LCAQMD, development of the project will not directly
result in a cumulatively considerable net increase of any criteria pollutant not currently in attainment.
The Lake County region is currently under attainment levels for all criteria pollutants. There is no
impact.
Response III d, e): The project is not expected to expose sensitive receptors to substantial pollutant
concentrations or result in the creation of objectionable odors. Sensitive receptors in the City of
Lakeport include residences, schools, parks, medical offices and convalescent homes. Residential areas
to the east and southeast of the project site may be considered sensitive receptors.
According to Figure 19 (Serpentine Rock and Soils) in the General Plan, there are no serpentine soils
mapped on the project site. Serpentine soils are mapped immediately north of Industrial Avenue. The
geotechnical study that was prepared for the project did not indicate that serpentine soils are present
on the project site (GeoBoden Inc., 2013).
The project will result in a slight increase in traffic volumes and related vehicle emissions in the area.
However, the potential increase in emissions associated with the project is not significant and will not
detrimentally affect the existing air quality in the area.
Air quality impacts associated with the future retail activities are less than significant with mitigation
incorporation. See conclusion of report for the recommended mitigation measure.
Lakeport AutoZone
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a)
b)
c)
d)
e)
11
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
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Potentially
Significant
Impact
f)
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
The project site has been previously partially developed and substantially altered and disturbed by
previously grading and filling activities and is now generally open and not heavily vegetated except for
several locations around the perimeter of the property.
The most notable vegetation exists along the northern property line where there is a linear stand of
Cottonwood, Willow, Oak trees and underbrush, adjacent to a pond in the southern triangular shaped
area of APN 05-045-29 south of McAtees Marine, in between K Mart and Hwy 29, and a line of
Cottonwood and Willow trees in and adjacent to the open surface water channel south of McAtees
Marine.
County GIS maps also show a cluster of cottonwood and oak trees in the vicinity of a small storm water
drainage course that extends through the APN 05-045-29. The trees and vegetation around the
drainage course and to the west of the Kmart retention/mitigation pond is habitat harboring/sheltering
various bird species and other small wildlife typically found in a wetland or riparian areas.
The southern edge of the project site contains a berm with non-native grasses. The southern side of the
berm on the K-Mart side has been planted with redwood trees.
The project site is not known to support any potential waters of the United States, however there are
wetlands and a potentially sensitive natural community/habitat suitable for special-status species along
the west side of the retention/mitigation pond to the west of the Kmart building and the open drainage
channels. The project may lead to a potentially significant impact on the environment around this pond
and drainage channels and mitigation in the form of a 20 foot development setback from the top of
banks (where remaining) is recommended.
The site has moderate habitat function and biologic value for potentially important plant and animal
species.
It appears that the proposed parcels can be developed or redeveloped without significantly altering the
sites existing biological resources as long as appropriate mitigation measures are implemented.
Response IV a): The project would not have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service. This determination is based on the disturbed nature of the site, moderate
habitat conditions, and a review of existing information, including the California Department of Fish and
12
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Wildlife Natural Diversity Data Base records for the area (2014). No special-status species have been
previously reported on the project site (CNDDB 2014). Therefore, there is no impact.
Response IV b): The project could have a substantial adverse effect on the limited riparian habitat
adjacent to and west of the Kmart retention/mitigation pond and those areas associated with the
drainage channels. Consistent with General Plan policies within the Conservation Element which
encourage the protection of watercourses and riparian areas through the implementation of buffers
between these areas and proposed development the final map should include a 20 setback from the
open drainage channel traversing proposed parcel 3 and the pond adjacent to the southeastern
property corner of proposed parcel 3. No development or disturbance should be allowed to occur in
this area. These potential impacts are less than significant with mitigation.
Response IV c): This checklist question addresses potential impacts to federally protected waters of the
United States, including wetlands, which are under the jurisdiction of the U.S. Army Corps of Engineers.
The proposed project would not have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption, or other means because no waters of the
United States (including wetlands) occur on the project site. However, as discussed in Response IV(b) the
final map should include a 20 setback from the open drainage channel traversing proposed parcel 3 and
the pond adjacent to the southeastern property corner of proposed parcel 3 consistent with General
Plan policies within the Conservation Element which encourage the protection of watercourses and
riparian areas through the implementation of buffers between these sensitive biological area and
development. These potential impacts are less than significant with mitigation.
Response IV d): The project will not directly result in substantial adverse impacts to the movement of
native resident or migratory fish or wildlife species or with established native resident or migratory
wildlife corridors, or impede the use of native wildlife nursery sites. The developed nature of the area
surrounding the project site, including SR 29 to the west, presents barriers for migration and reduces the
overall quality of habitat for native and migratory wildlife species in the area. There is no impact.
Response IV e): The project and related site improvements will not directly result in any conflicts with
local policies or ordinances protecting biological resources. No native trees will be directly or indirectly
affected by the proposed project. There is no impact.
Response IV f): There are no applicable Habitat Conservation Plans, Natural Community Conservation
Plans, or any other local, regional, or state conservation plans affecting the subject property. There is no
impact.
The project will not impact the diversity and numbers of existing plants and animals on the subject
property.
Based on a review of the submitted materials and taking into account the scope of the proposal, the
project will not result in impacts to sensitive, endangered, threatened or rare species or their habitats;
locally designated species; wetland habitat; or wildlife dispersal or migration corridors. The project will
not have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish and Game or the United States Fish and Wildlife
Service.
The developed urban nature of the area surrounding the project site, including Highway 29 to the
immediate west, means that the proposed improvements associated with the AutoZone project will not
13
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interfere substantially with the movement of any native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife corridors, or impede the use of native wildlife
nursery sites.
See conclusion of report for recommended mitigation measure.
V. CULTURAL RESOURCES:
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a)
The project has the potential to significantly impact to the sites cultural resources unless mitigation
measures are incorporated and implemented.
AutoZone retained Area West Environmental, Inc. to conduct a cultural resources survey and prepare a
report to support this CEQA analysis (Area West Environmental 2013). The survey addresses the
proposed location of the AutoZone store and not the entire LaMonica property. However, its
reasonable to assume that the findings of the survey apply to the entire 8.532 acres. The survey
consisted of four components, including office and archival research, records search through the
Northwest Information Center at California State University, contact with Native American groups and
related agencies, and a pedestrian survey on December 11, 2013. During the field visit, three
presence/absence soil test pits were excavated.
According to the submitted report, no surface prehistoric cultural resources were observed on the
property. Although no surface cultural materials were located during the pedestrian survey, the report
states that there is a high probability of subsurface materials being located on the property, given the
proximity of several prehistoric sites, and that at other sites within a mile of the project site. In addition,
the report stated that the possibility of subsurface human remains cannot be eliminated (Area West
Environmental, 2013).
14
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PM 14-01/AR 14-11/ZC 14-01
Response V a): No historical resources that meet the criteria of significance under CEQA are located on
or adjacent to the project site. There is no impact.
Response V b): The project requires construction of street improvements and underground utilities. The
development of Parcel 1 for the AutoZone building will also require land grading and utility line
excavation and other soil disturbance activities associated with the building construction. Parcel 1 may
also need to be over excavated prior to engineered fill placement for the building pad. It is possible that
ground-disturbing activities may inadvertently uncover buried, previously unknown cultural resources.
In the event that construction activities occur within previously undisturbed soils and buried cultural
resources are discovered, such resources could be damaged or destroyed, potentially resulting in
significant impacts on cultural resources. Potential future, unanticipated impacts on cultural resources
associated with the future construction activities are less than significant with mitigation. See
conclusion of report for the recommended mitigation measure.
Response V c): It is possible that project ground-disturbing activities may uncover buried
paleontological resources (i.e. fossils). In the event that construction activities occur within previously
undisturbed soils and buried paleontological resources are discovered, such resources could b e
damaged or destroyed, potentially resulting in significant impacts on paleontological resources. These
potential impacts are less than significant with mitigation. See conclusion of report for the
recommended mitigation measure.
Response V d): There are no known formal cemeteries in the project area, and neither the results of the
records search nor the pedestrian survey indicate that human remains are present on the project site.
However, there is a potential that ground-disturbing activities during construction may uncover
previously unknown buried human remains, which would be a potentially significant impact. Potential
impacts are less than significant with mitigation. See conclusion of report for the recommended
mitigation measure.
Future development proposals will be submitted to the California Historical Resources Information
System at Sonoma State University for review and comment. Any recommended mitigation measures
will be imposed as conditions of approval.
See conclusion of report for recommended mitigation measures.
15
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
b)
c)
d)
e)
Less Than
Significant
Impact
No
Impact
X
X
X
X
AutoZone Inc. retained GeoBoden Inc. to prepare a geotechnical investigation report for the proposed
retail building project site (GeoBoden Inc., 2013). The report does not address the entire TPM project,
but does contain the results of the field investigation, laboratory testing, and recommendations
pertaining to geotechnical design aspects of the proposed retail site development.
According to the Lake County Soil Conservation Service Soil Survey, three types of soil are present
within the project area including Henneke-Montara-Rock outcrop complex with slopes varying between
15% and 50%; Manzanita loam with slopes varying between 5% and 15%; and Still gravelly loam.
The Henneke-Montara-Rock outcrop soils are present in the northeast portion of the site on the north
side of Industrial Avenue. The permeability of the Henneke soil is moderately slow, surface runoff is
rapid, and the hazard of erosion is severe. The Montara soil is described as shallow and well-drained and
is also subject to rapid surface runoff and severe erosion according to the soils survey. Rock outcrop
consists of hard, fractured serpentinitic rock. The survey states that this soil classification is mainly used
as wildlife habitat and watershed.
16
Lakeport AutoZone
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The Manzanita loam soils are present in the western and southwestern portion of the subject
properties. This soil is a very deep, well drained soil typically found on terraces. Permeability of this soil
is slow, surface runoff is medium and the hazard of erosion is moderate. The main development-related
limitation is the soils slow permeability.
The Still gravelly loam soil is described as a very deep and well-drained soil typically found on alluvial
planes. This soil is found in the central and eastern portions of the subject properties. Permeability of
the soil is moderately slow, surface runoff is very slow, and the hazard of erosion is slight. In terms of
development, its main limitations are moderately slow permeability and the hazard of flooding.
The approval of the TPM will require City street and underground utility improvements which are
expected to be constructed in conjunction with the proposed AutoZone store. These improvements
may lead to significant adverse environmental impacts associated with the exposure of people or
structures to strong seismic ground shaking, seismic related ground failure, landslides, and related
geologic impacts; expose people to potential impacts involving erosion; changes in topography or
unstable soil conditions resulting from excavation, grading or fill; land subsidence; expansive soils; or
unique geologic or physical features.
The City will require geotechnical/soil reports to be submitted in conjunction with the construction of
City street and utility facilities and for each future development proposal. Said reports will be used to
determine potential impacts to the project sites geology and soils and appropriate mitigations
measures will be imposed to reduce such impacts to a less than significant level.
All applicable recommendations set forth in the AutoZone geotechnical investigation will be
incorporated into the final grading plan and the applicable construction plans as construction notes or in
a similar manner.
Response VI a.i, ii, iii): The Fault-Rupture Hazard Zones map prepared by the California Geological
Survey for the Alquist-Priolo Earthquake Fault Zoning Act identifies Alquist-Priolo zones in the northern
and southern sections of Lake County, but none in the City of Lakeport. This map is incorporated into
the Citys General Plan (Figure 17, Safety Element).
The Lakeport General Plan describes the seismic hazards in the vicinity of Lakeport and indicates that
the City is located in a highly active earthquake area and the potential exists for a significant seismic
event in the future.3 Active earthquake faults are defined as those for which there is evidence of
activity during the last 11,000 years, or Holocene time. Active faults in our area include the Mayacama,
about seven miles southeast of Lakeport, and the Konocti Bay, nine miles to the east. The Healdsburg
and San Andreas faults lay 24 and 35 miles to the southwest. Faults near Lakeport, categorized as
potentially active, include the Collayomi, nine miles southwest; the Barlett Springs, approximately 20
miles east; and the Big Valley, running along the west shore of Clear Lake. According to the geotechnical
report prepared for the project site, the Big Valley fault is the closest known active fault, located within
0.15-mile of the site with an anticipated maximum moment magnitude of 6.4. Immediately east of the
City, between the City limits and Clear Lake, there is a potentially active rupture zone. Potentially active
rupture zones are faults which have been active in the past 2,000 years. Little is known about this
shoreline fault rupture zone; however, it represents a potential significant hazard and must be taken
into consideration when development occurs in the vicinity. 4
3
4
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There is no indication that seismic-related issues will preclude development of the proposed project. As
such, potential impacts related to the potential rupture of a known earthquake fault, strong seismic
ground shaking, or seismic-related ground failure are considered to be less than significant.
Response VI a. iv): No potential adverse effects related to landsides are anticipated as a result of the
project. The project site is level and is not subject to landslides. There is no impact.
Response VI b): According to the geotechnical report, the soils in the area of Parcel 1 consist primarily
of clayey silt, sand, silty sand and clayey sand underlain by bedrock. Observed subsurface soils consisted
of native soils to the maximum explored depth of 21.5 feet below ground surface. The geotechnical
report contains a detailed analysis of the sites soil conditions and addresses geotechnical limitations
including the potential for erosion, soil stability issues, and the presence of expansive soils. This report
provides recommendations related to site and foundation preparation, fill placement and compaction
requirements, utility trench backfill, and foundations (GeoBoden Inc., 2013). As stated above, all
applicable recommendations set forth in the geotechnical investigation will be incorporated into the
final grading plan and the applicable construction plans as construction notes or in a similar manner.
Based on the findings of this geotechnical analysis and the incorporation of the geotechnical
recommendations into the project design, the proposed project would not result in substantial soil
erosion or the loss of topsoil. The impact is considered to be less than significant.
Erosion control measures will be implemented during the construction and post-construction periods
due to storm water mitigation requirements. The project is subject to the Citys erosion control
regulations (Municipal Code Ch. 17.20), storm water management ordinance (Municipal Code Ch. 8.40),
the Lake County Clean Water Program Storm Water Management Plan, and the State Water Resources
Control Boards National Pollutant Discharge Elimination System (NPDES) permit.
Issues related to site drainage and erosion control are further addressed in the Hydrology and Water
Quality section of this Initial Study.
Response VI c): The proposed project is not located on a geologic unit or soil that is unstable, or that
could become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse. As stated in the geotechnical report prepared for the
project, for liquefaction to occur on a site, three key components are required: 1) liquefactionsusceptible soils; 2) groundwater within a depth of 50 feet or less; and 3) and strong earthquake
shaking. Soils susceptible to liquefaction are generally saturated loose to medium dense sands and nonplastic silt deposits below the water table. The geotechnical analysis stated that the site is underlain by
shallow bedrock.
A supplemental soils analysis prepared by registered civil engineer shall be provided to the City for
review and approveal prior to the issuance of a development permit. The soils report should specifically
address existing conditions and needed improvement to support the entire development of Industrial
Avenue associated with this project. Potential impacts are less than significant with mitigation.
Response VI d): The proposed project would not be located on expansive soil, as defined in California
Building Code, creating substantial risks to life or property. The geotechnical report states that the near
surface soils have a low to medium expansion potential. However, the report indicates that the
proposed new footings will not be affected by soil expansion if recommendations in the report are
incorporated into geotechnical design. The report states that reinforcement of footings should be
designed by the structural engineer based on the anticipated loading conditions and that the structure
footings that are supported in low to medium expansive soils should have No. 5 bars (two top and two
bottom). AutoZone has incorporated these recommendations into the project design. This impact is less
than significant.
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Response VI e): The adequacy of the sites soils to support septic tanks or other alternative waste water
disposal systems is not applicable as the Citys sewer system will serve the proposed project. No septic
tanks are proposed. There is no impact.
No impact anticipated in conjunction with the proposed TPM.
See conclusion of report for recommended mitigation measure.
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a)
AutoZone Inc. retained GeoBoden Inc. to prepare a Greenhouse Gas Emissions Impact Analysis and
letter (GeoBoden Inc., 2014) associated with the AutoZone retail store and associated site
improvements. This letter does not cover the entire area associated with the TPM project. The letter
stated that long-term air quality effects could cause some localized air quality degradation related to
increased vehicular traffic. However, due to the small size of the proposed development and considering
that the store will consist of an auto parts store like the OReilly store on the south side of the site, the
project would not result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is non-attainment under an applicable federal or state ambient air quality standard
(including releasing emissions which exceed quantitative thresholds for ozone precursors).
Response VII a): As discussed previously in the Air Quality section, implementation of the proposed
project would result in short-term emissions during construction, as well as emissions during operation
of the retail store. Potential impacts associated with project construction and operation of the proposed
project is discussed below.
Construction
The most common greenhouse gases (GHG) resulting from human activity are carbon dioxide (CO 2),
methane (CH4), and nitrous oxide (N2O). The Intergovernmental Panel on Climate Change (IPCC) and
Assembly Bill 32 (AB 32) also define GHGs to include hydrofluorocarbons (HFCs), perfluorinated carbons
(PFCs), and sulfur hexafluoride (SF6). HFCs and PFCs are usually emitted in industrial processes and,
therefore, are not applicable to the proposed project.
Construction activities would generate short-term emissions of CO2, CH4, and N2O from the use heavyduty equipment and on-road vehicles (e.g., employee commuter cars and haul trucks).
19
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GHG emissions are typically evaluated in relation to meeting Assembly Bill 32 GHG reduction goals
and/or other GHG thresholds adopted by air districts within the state. Assembly Bill 32 (AB 32), which
was signed in 2006, codified the states GHG emission target by requiring that the states GHG emission
be reduced to 1990 levels by 2020. The Scoping Plan for AB 32 identifies specific measures to reduce
GHG emissions to 1990 levels by 2020, and requires the Air Resources Board and other state agencies to
develop and enforce regulations and other initiatives for reducing GHGs. The Scoping Plan also
recommends, but does not require, an emissions reduction goal for local governments of 15% below
current emissions to be achieved by 2020.
GHG impacts caused by emissions from project construction would be less than significant.
Operation
Operation of the retail project would generate long-term emissions of CO2, CH4, N2O, and SF6. These
emissions would be generated from electricity generation and transmission and transport water for
irrigation. Equipment and maintenance trips would also represent a minor source of CO2, CH4, and N2O.
Note that trees and other vegetation planted in the landscaping would create a long-term emissions sink
that would actively sequester atmospheric CO2.
LCAQMD has reviewed the proposed project and submitted comments related to greenhouse gas
emissions. The retail project will result in an increase in the amount of vehicle traffic in the area which
could cause some localized air quality degradation. Issues related to traffic will be addressed in the
Transportation/Traffic section.
Although solar power has not been incorporated into the proposed project, a variety of methods will be
used to promote an energy-efficient project. The facilities electrical, lighting and mechanical systems will
be run through an Energy Management System (Venstar) which complies with Title 24 energy
management requirements. Controls for this system will be monitored at a remote monitoring station at
AutoZone headquarters.
The GHG emissions that will be generated during operation of the proposed project will not significantly
impact the environment. This impact is therefore considered less than significant.
Response VII b): As discussed above, the project includes a number of energy efficiency measures that
will contribute to long-term GHG reductions. These measures are consistent with strategies identified in
the AB 32 Scoping Plan and statewide goals to conserve energy. Based on the review of project design
features, implementation of the project is not expected to conflict with the goals of AB 32.
In addition, the LCAQMD indicated that if their stated concerns are adequately addressed, the District
can support the approval of the project. There was no indication from the District that the proposed
project will conflict with any plan, policy or regulation related to the reduction of greenhouse gas
emissions. This impact is considered less than significant.
No mitigation measures are proposed.
20
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21
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
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For these reasons, the proposed project would not create a significant hazard to the public or the
environment through the routine transport, use, or disposal of hazardous materials, and would not
result in reasonably foreseeable upset and accident conditions involving the release of hazardous
materials into the environment. Implementation and compliance with the plans, standards, and special
provisions would reduce any potential impacts to a less than significant level.
Response VIII c): A private school is located approximately 0.5-mile west of the project site (west of SR
29). However, there is no indication that the future retail activities will emit hazardous emissions or
involve the release of hazardous materials that would affect the school. There is no impact.
Response VIII d): According to the Draft EIR prepared by Quad Knopf, Inc. in conjunction with the 2009
General Plan update, there are no sites in the City of Lakeport which are listed on the Comprehensive
Environmental Response, Compensation, Liability Information System (CERCLIS); the National Priority
List (NPL); or the Department of Toxic Substances Control Cortese List.5 There is no impact.
Response VIII e), f): The proposed project site is not located within an airport land use plan or within
two miles of an airport or public use airport which would result in a safety hazard for people residing or
working in the project area. The project is not in the vicinity of a private airstrip which would result in a
safety hazard for people working or residing in the project area. There is no impact.
Response VIII g): The proposed project will not directly interfere with an adopted emergency response
plan or emergency response system. The Lakeport County Fire Protection District has reviewed the
project and noted the need for additional fire hydrants along Industrial Avenue and the termination of
the proposed cul-da-sac with a minimum radius of 50. With the incorporation of these mitigations (See
Public Services and Transportation/Traffic sections of this environmental review for proposed mitigation
measures) the project is not anticipated to create and significant hazards to the public or the
surrounding environment.
Impacts resulting from this project are less than significant..
Response VIII h): The proposed project does not have the potential to expose people or structures to a
significant risk of loss, injury, or death involving wildland fires as there are no significant wild lands
adjacent to the subject property. The retail building will have a fire sprinkler system, notification alarms
and strobe lights. No impact is expected.
No mitigation measures are proposed.
23
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
X
X
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
c)
d)
e)
f)
g)
h)
i)
24
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
j)
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
The project will result in new property and site improvements including structures, driveways,
sidewalks, street paving and other impervious surfaces that will result in changes in absorption rates,
drainage patterns, and/or the rate and amount of surface water runoff generated from the subject
property. There will be a net increase in the amount of storm water runoff generated at this site as a
result of the build out of the proposed parcels. As future development occurs the net increase will
need to be quantified and adequate storm drainage facilities will be required to be provided.
The impact of the additional land development and new impervious surfaces will be partially mitigated
by the payment of the Citys standard storm drainage mitigation fee (currently $.10 per square foot of
new impervious surfaces). The storm drainage fee will apply to all new structures, driveways and other
impervious surfaces on all four of the proposed parcels.
In addition to the payment of the storm drainage fee, City policy requires the development of
downstream storm water conveyance system improvements or on-site detention/retention facilities to
mitigate the impact of the net increase in storm water flows resulting from a development project. The
storm water that will be generated from the subject property will be directed into Clear Lake via a pair
of 4 box culverts that extend to the east under South Main Street and outflow into the Pier 1900
lagoon. There is also an open drainage ditch on the north side of the site that flows east and crosses
South Main Street to the northeast.
Existing storm drainage facilities shown on the TPM include three 48 concrete masonry pipes near the
northeast corner of APN 05-045-29. To the west of these pipes the map identifies a proposed 20 wide
storm drainage easement which follows the boundary of existing storm water drainage course that
originates west of Highway 29 and extends across the southern portion of proposed Parcel 3. The TPM
also identifies an existing 20 wide storm drainage easement along the south side of APN 05-045-30.
This existing easement extends through proposed Parcels 1, 2 and 3. Three additional existing 48
concrete masonry pipes are shown near the southeast corner of proposed Parcel 1. These pipes tie into
the aforementioned box culverts which extend to Clear Lake to the east.
The majority of the storm water drainage generated from the improvements on the proposed parcels
will be directed toward the existing and proposed drainage easements on the south side of the project
site. Future improvements on proposed Parcel 4 may be directed toward Industrial Avenue.
The submitted map indicates that portions of the site are located outside the flood zone boundary (Zone
X) and inside the flood zone boundary (Zone AO 1 depth). A review of the Flood Insurance Rate Map
(FIRM) indicates that proposed Parcels 1 and 2 are entirely within Flood Zones and that portions of
Parcels 3 and 4 are within the flood zone. The majority of the existing structure on Proposed Parcel 3 is
in the flood zone according to the FIRM. Future construction activities in the flood zone areas will be
required to comply with the Citys Flood Damage Prevention Ordinance.
RFE Engineering, Inc. was retained to prepare a preliminary drainage study for the proposed project (RFE
Engineering, Inc., 2014). The study report was prepared by a civil engineer and provides a description of
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existing drainage conditions, and quantifies the net increase in impervious surfaces and storm water
associated with the proposed one acre AutoZone store project. The study does not address the entire
TPM project.
The following baseline setting information was extracted from the drainage study report and used to
analyze potential hydrology and water quality impacts associated with the proposed project. It is
important to note that the following information mixes a discussion of the existing conditions of the
entire 8.5 acres and the specific drainage impacts associated with only the 1 approximate one acre
AutoZone store site.
According to the ALTA survey of the site, the site is fairly flat with average slopes around 1.5%. The
elevation of the project site ranges from about 1336 to 1340 feet above sea level. The majority of the
site runoff flows northeast as sheet flow over the project site and spills into the gutter at Industrial
Avenue and South Main Street where it flows south to an inlet at the southeast corner of the property
on South Main Street. An underground storm drain system on the south side of the project site provides
storm water conveyance from west of SR 29 through the site to Clear Lake about 1,000 feet to the east
of the site. Drainage along the Industrial Avenue frontage is surface drained towards South Main Street
where the surface flow is picked up in a drain inlet at the intersection of the twin 48-inch storm drain
pipes under South Main Street.
The project site is located in a Zone AO (area to be determined to be in an area of one foot depth of
flooding with a 0.2% chance of flood hazard) as determined in FEMA Flood Map No 06033C0493D dated
September 30, 2005.
According to the geotechnical study prepared for the proposed project (GeoBoden Inc., 2013),
groundwater was encountered within the exploratory borings at 10 feet (below ground surface).
Fluctuations of the groundwater table, localized zones of perched water, and rise in soil moisture
content should be anticipated during the rainy season. Irrigation of landscaped areas can also lead to an
increase in soil moisture content and fluctuations of intermittent shallow perched groundwater levels.
The report concluded that groundwater may not be considered in design or construction.
The RFE Engineering Preliminary Drainage Study (February 2014) used the Rational Method as
outlined in the Lake County Hydrology Design Standards adopted June 22, 1999, to determine peak
storm water flows. The AutoZone site development project drainage study summarizes storm water
runoff rates for the peak 10-year, and 100-year pre-development and post-development on-site storms.
Because of the greatly increased impervious area, the runoff expected in the post-construction
condition is greater than that of the pre-construction condition.
Under the proposed project, the storm water runoff will enter the on-site storm conveyance system and
will be transported to the on-site underground detention system (shown in Sheet C2). The off-site
drainage will be positively affected by the proposed project since the project flows will be detained to
pre-developed conditions before being released off-site.
The Preliminary Drainage Study for the AutoZone site contains the following conclusions:
The proposed project on-site storm drain system was designed to convey storm water into an
on-site underground storm drain detention basin with a holding volume of 500 cubic feet then
released to the public storm drain system off-site.
The off-site flows will be contained in roadside storm water conveyance along Industrial Avenue.
This drainage will eventually tie into the existing 48-inch storm drain piping in South Main
Street.
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Overland release of on-site drainage will provide a minimum of 1 foot of freeboard from the
highest water surface to the finished floor elevation in the event of storm drain blockage.
Response IX a), c), d), e), f): Construction of the proposed project and associated improvements will
result in the changes in absorption rates, drainage patterns, and/or the rate and amount of surface
water runoff generated from the property. Without on-site improvements, there would be a net
increase in the amount of storm water runoff generated at this site.
The preliminary grading and drainage plan (Sheet C2) identifies an on-site underground storm water
detention basin and associated storm drains in the eastern parking lot area. The location and size of the
storm water detention basin and associate storm drains and drop inlet sizes and locations are based on
the results of the drainage study (summarized above). This detention basin has been appropriately sized
to meter out the runoff from the site so that there is no net increase. Storm water generated from the
project will be conveyed into the detention basin and will ultimately exit the site via a storm drain pipe.
The off-site flows will be contained in roadside storm water conveyance along Industrial Avenue. This
drainage will eventually tie into the existing 48-inch storm drain pipe in South Main Street.
As part of the proposed project, AutoZone Inc. will also comply with all applicable local and state
regulations regarding storm water management, including the Municipal Code Chapter 8.40 (Storm
Water Management), the Lake County Clean Water Program Storm Water Management Plan and the
requirements of the California Water Resources Control Board (NPDES Phase II/Construction Activities
Storm Water General Permit requirements) prior to the issuance of development permits. Copies of the
Central Valley Regional Water Quality Control Board Notice of Intent (NOI), Storm Water Management
Plan (SWMP), and Storm Water Pollution Prevention Plan (SWPPP) will be provided to the City prior to
any construction activities.
In addition, AutoZone Inc. will pay the standard City storm water mitigation fee based on the amount of
new impervious surface area prior to the issuance of a development permit.
A supplemental hydrology analysis and engineered stormwater drainage plan will be required to be
submitted prior to the issuance of any development or improvement permits. The hydrology analysis
should quantify the net increase in stormwater runoff related to the new impervious surfaces resulting
from the project. The drainage plan will be required to address the findings of the hydrology analysis
and include the provision of a system capable of collecting and detaining the stormwater generated
from the proposed project so that there is no net increase in the flow rate of off-site runoff. Potential
impacts are considered less then significant with mitigation.
Response IX b): The proposed project will not substantially deplete groundwater supplies or interfere
substantially with groundwater recharge. The Citys water supply is not dependent on any underground
aquifers in the immediate vicinity and as such the proposed project is not expected to interfere
substantially with groundwater recharge. There is no indication that the project will substantially alter
the existing drainage pattern of the site or area, including through the alteration of the course of a
stream or river, or substantially increase runoff in a manner that will result on on-site of off-site
flooding. No impact is anticipated regarding these issues.
Response IX g): The proposed retail project does not involve any residential or housing elements.
Therefore, the proposed project would not place housing within a 100-year flood hazard area. There is
no impact.
Response IX h- i): As described above, the project site occurs within the flood zone boundary. The
project will need to comply with the Citys floodplain management regulations (LMC Ch. 15.16) which
requires special construction techniques to minimize impacts. Potential impacts are less than
significant with mitigation.
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Response IX j): The subject property is not located in close proximity to Clear Lake or another water
body. As such, approval of the proposal will not expose people or structures to a significant risk of loss,
injury or death involving inundation by seiche, tsunami or mudflow. There is no impact associated with
these issues.
See conclusion of report for recommended mitigation measures.
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
a)
c)
No
Impact
The project is in conformance with the Citys General Plan and will not conflict with any applicable land
use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of
avoiding or mitigating an environmental effect.
The proposed parcels are in conformance with the applicable Zoning guidelines related to lot size,
dimensions and length to width ratio.
The building encroachment issue affecting APNs 05-045-28 and -30 will be resolved through the
recordation of a lot line adjustment prior to the recordation of the Parcel Map.
Response X a): Recordation of a 4 lot parcel map and the construction of the proposed retail store will
not physically divide an established community. The subject property (proposed Parcel 1) is currently
vacant and is adjacent to commercial development. No impact has been identified.
Response X b): AutoZone is requesting the parcel be rezoned from I Industrial to C-2 Major Retail. The
zoning designations surrounding the project site include C-3 Service Commercial to the north, I Industrial
to the west, and C-2 Major Retail to the south and east. The proposed project is consistent with the
general area and the applicable Zoning Ordinance standards.
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This Zoning change would not conflict with any applicable land use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating an environmental effect. The impact would be less than
significant.
Response X c): There is no applicable habitat conservation plan or natural community conservation plan
in place at the present time which affects the subject property. There is no impact associated with this
issue.
No recommended mitigation measures.
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Response XI a): There are no mining or mineral extraction operations within the Lakeport City limits or
the Sphere of Influence. Page VII-4 of the General Plans Conservation Element notes that there is no
active mineral extraction or mining operations in the City and also indicates that the Plan prohibits any
mining or mineral extraction activities within the City. There is no impact.
Response XI b): No mineral recovery sites are located in the City; no impact has been identified.
No recommended mitigation measures.
XII. NOISE:
Would the project result in:
Potentially
Significant
Impact
a)
29
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Response XII a): The project will result in a short-term increase in construction-related noise. During the
operation of future retail activities, there will be a minimal increase in the areas existing ambient noise
levels. The existing noise levels in the area around the site are moderate given its proximity to other
commercial uses in the area and vehicle traffic along South Main Street.
The Noise Element of the General Plan addresses future noise levels in the City and indicates that the
Main Street area is projected to experience a significant increase in noise over 60 dBA.6 The General
Plan states that nearby residences will be exposed to excessive noise levels, defined as those over 60
dBA.
The level of noise increase associated with construction of the proposed project could result in the
temporary generation of noise levels in excess of standards established in the Lakeport General Plan or
the applicable standards of other agencies. To reduce this potential impact to a less than significant
level, the project proponents will be required to implement a mitigation measure which addresses
compliance with the noise guidelines and other relevant noise-related policies. Therefore, potential
impacts are considered less than significant with mitigation incorporation. See conclusion of this
report for the related mitigation measures.
Response XII b), c): Construction of the proposed project and the subsequent retail activities do not
have the potential to expose persons to, or cause generation of, excessive ground-borne vibration or
6
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ground-borne noise levels. Similarly, there is no indication that the development of the project and its
subsequent use will result in a substantial permanent increase in ambient noise levels in the project
vicinity. As previously noted the existing ambient noise levels are moderate. There is no impact
associated with these potential issues.
Response XII d): Temporary construction activities associated with the development of the proposed
project have the potential to create a substantial temporary or periodic increase in ambient noise levels
in the project vicinity above levels existing without the project. A mitigation measure has been
recommended which requires all construction activities to be subject to the noise guidelines set forth in
Chapter 17.28 of the Lakeport Municipal Code, including a prohibition of construction activities on
Sundays. The noise regulations prohibit work starting before 7:00 a.m. or extending later than 10:00
p.m. This potential impact is considered less than significant with mitigation incorporation.
Response XII e), f): The subject property is not located within an airport land use plan or in the vicinity
of a private airstrip which would generate substantial noise impacts. There is no impact.
See conclusion of report for recommended mitigation measures.
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a)
Response XIII a) - c): Based on the existing site conditions as well as the size, scope and characteristics
of the project, the proposed project will not induce substantial growth in the Lakeport area, either
directly or indirectly; displace any existing housing; or displace any residents in a manner that would
necessitate the construction of replacement housing. No impact has been identified for these issues.
No recommended mitigation measures.
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Potentially
Significant
Impact
Less Than
Less Than
No
Significant
with
Mitigation
Incorporation
Significant
Impact
Impact
Fire protection?
iii) Schools?
iv) Parks?
Based on a review of the proposal and comments received from other public agencies and departments,
approval of the proposed TPM and Architectural and Design Review will not detrimentally affect existing
government services including fire protection, police protection, public facility maintenance, and other
governmental services. Furthermore, the project will not result in substantial adverse physical impacts
associated with the provision of new or physically altered governmental facilities, the construction of
which could cause significant environmental impacts, in order to maintain acceptable service ratios,
response times or other performance objectives related to fire protection, police protection, schools,
parks or other public facilities.
Fire protection: The Lakeport County Fire Protection District reviewed the proposal and provided no
objections or detailed comments.
There are currently no fire hydrants in the vicinity of the existing site improvements as the nearest one
is located at the southwest corner of South Main Street and Industrial Avenue. All future improvements
will be required to be within 250 of a fire hydrant. The City Engineer has recommended the installation
of a fire hydrant per the Uniform Fire Code and the direction of the Fire District Chief. City staff has
developed a mitigation measure requiring the extension of a water main and the installation of a fire
hydrant at the west end of the Industrial Avenue.
The Fire District imposes a fire mitigation fee which will be collected in conjunction with the issuance of
a building permit. The fee as of April 2015 is $1.00 per square foot for all new covered areas.
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Police protection: The City of Lakeport Chief of Police reviewed the proposal and indicated that there
are no concerns related to police protection.
Schools: Notice of the proposed project was not forwarded to the Lakeport Unified School District due
to the limited scope of the project. The Lakeport Unified School District has adopted a school impact fee
resolution in accordance with State law. This resolution requires the developer of commercial
structures to pay a fee of $0.47 per square foot of new commercial building area to District to mitigate
the impacts to the schools.
The future development or redevelopment of the proposed parcels will likely result in the need for
increased maintenance of other public facilities such as water and sewer lines, storm drainage facilities,
street surface and street lights. Property tax revenues will be generated from the project as a result of
the new improvements and will augment the increased maintenance expenses.
Parks & other public facilities: Given its scope, the proposed project and the related retail uses will not
substantially affect the Citys park system or other public facilities.
Potential impacts to public services, specifically fire protection and schools are considered to be less
than significant with mitigation incorporation. No impact is anticipated regarding police protection,
parks, and other public facilities.
See conclusion of report for recommended mitigation measures.
XV. RECREATION:
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
The City of Lakeport maintains a small system of parks, recreation facilities and open space for its
citizens. Within the City there are approximately 63.5 acres of parkland not including recreational
facilities at the public schools. Lakeports park and recreational facilities include: parks, boat launch
facilities, public swimming pool, and partially-developed parks. In addition to City parks, recreational
facilities in the Lakeport area are provided at the Highland Springs Reservoir, Lake County Fairgrounds,
Lakeside County Park and Clear Lake State Park. Community use of public school playing fields provides
additional recreational facilities.
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Response XIV a), b): The proposed project will not result in a substantial increase in population or
employment levels which could increase the use of existing neighborhood/regional parks such that
substantial physical deterioration of the facilities would occur or be accelerated.
The proposed retail project does not include recreational facilities and will not require the construction
or expansion of recreational facilities. Therefore, there the project would not have an adverse physical
effect on the environment related to recreational facilities. There is no impact.
Section 16.16.040 L.1.of the City Subdivision Ordinance exempts subdivisions containing four or fewer
parcels which are not used for residential purposes from the park dedication fee. A condition of
approval can be imposed which requires an in-lieu fee to be paid if a residential structure is built.
However, residential uses are not allowed in the Industrial zoning district and Parcels 2, 3 and 4 will
retain the Industrial zoning designation.
XVI. TRANSPORTATION/TRAFFIC:
Would the project:
Potentially
Significant
Impact
a)
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
c)
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PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
dangerous
incompatible
equipment)?
intersections)
uses
(e.g.,
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
or
farm
e)
f)
According to the Transportation Element of the Lakeport General Plan, Industrial Avenue is designated
as a local street. The existing roadway has not been dedicated to the public and it is not maintained by
the City. The applicant/property owner has proposed to dedicate the existing roadway plus additional
area for a cul-de-sac to the public. The map identifies a 50 wide right-of-way plus a cul-de-sac with a
50 radius at the west end. This design is consistent with the standard for commercial, industrial or
collector streets in flat areas which is set forth in Section 16.17.100 B.3. of the Lakeport Municipal Code.
Right of way improvements will be required to be constructed to City of Lakeport standards.
Improvement plans in accordance with Section 16.18.070 of the Lakeport Subdivision Ordinance shall be
prepared and submitted for City review and approval. A subdivision improvement agreement in
accordance with Section 16.18.060 of the Lakeport Subdivision Ordinance shall be executed prior to
recordation of the parcel map.
AutoZone retained KD Anderson & Associates, Inc. to prepare a traffic impact analysis report (KD
Anderson & Associates, Inc., 2013) for the proposed AutoZone site project only. The report does not
address the entire TPM project.
The traffic study addresses both current and future traffic conditions at key intersections in the vicinity
of the site (South Main Street/Lakeport Boulevard and South Main Street/Industrial Avenue
intersection). To assess traffic impacts, the report analyzed characteristics of the proposed retail project,
including estimated trip generation and the directional distribution/assignment of project generated
traffic. The following baseline setting information was extracted from the traffic report and used to
analyze potential transportation/traffic impacts associated with the proposed project.
Circulation System - Roads
Regionally, the project site is served by major Lakeport streets and state highways. In the area of the
proposed project, access to SR 29 occurs at a grade separated interchange with Lakeport Boulevard.
Lakeport Boulevard is located approximately 0.5 mile to the north of the site. To the south, South Main
Street provides access to SR 29 via a signalized intersection approximately 0.75 mile to the south of the
project site.
South Main Street
South Main Street traverses the City along the west side of Clear Lake. The Lakeport General Plan
classifies Main Street as an Arterial Street. The posted speed limit is 35 miles per hour (mph). In the
vicinity of the project site, South Main Street is a two-lane facility with a continuous two-way center
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turn lane. Sidewalk facilities and a designated bike lane are provided on the west side of the street, as is
on-street parking. There is currently no northbound bike lane on the east side of the street. Sidewalk
facilities currently terminate on the east side of the street approximately 200 feet to the north of
Industrial Avenue and then commence approximately 800 feet to the south at Peckham Court.
Traffic volume information collected for the Lakeport General Plan Update indicated that in 2004 South
Main Street carried 9,900 vehicles per day in the area near Royale Avenue to the north of the project
site. A 2011 speed study undertaken by the Area Planning Council (APC) indicates that approximately
10,400 vehicles per day use South Main Street in the vicinity of Industrial Avenue.
Lakeport Boulevard
Lakeport Boulevard is a major route linking Lakeport and SR 29 while concurrently providing local access
to adjoining retail commercial uses. The Lakeport General Plan classifies Lakeport Boulevard as an
Arterial Street. The roadway is striped with a continuous two-way left turn lane in the commercial
area west of Main Street and on-street parking is prohibited to accommodate this feature. The posted
speed limit is 30 mph. Traffic volume information collected for the Lakeport General Plan Update
indicated that in 2004 Lakeport Boulevard carried 11,925 vehicles per day in the area between SR 29
and Bevins Street. The 2011 APC speed study states approximately 8,800 vehicles use Lakeport
Boulevard in the vicinity of South Forbes Street each day.
Industrial Avenue
Industrial Avenue is a local 2-lane private street providing access to several adjacent businesses and
terminates approximately 1,000 feet to the west of South Main Street. The street has a dilapidated
asphalt surface at the present time.
Intersections
The quality of traffic flow in urban areas is often governed by the operation of key intersections. The
following two intersections were identified for evaluation in the traffic study through consultation with
City staff.
Lakeport Blvd / South Main Street intersection
The Lakeport Boulevard/South Main Street intersection is a T intersection controlled by stop signs at
the approaches. Separate left and right turn lanes exist at the Lakeport Boulevard approach. Separate
left and right turn lanes are provided at the northbound and southbound South Main Street approaches,
respectively. K Street intersects South Main Street immediately north of the intersection and is limited
to right turns on South Main Street. Crosswalks are provided across all three legs of the intersection.
Industrial Avenue /S. Main Street Intersection
The Industrial Avenue/South Main Street intersection is controlled by a stop sign on Industrial Avenue.
Northbound left turn channelization is provided on South Main Street via the existing continuous center
turn lane. There are no marked crosswalks at the intersection.
Existing Traffic Volumes / Levels of Service
KD Anderson & Associates conducted new traffic counts in November 2013 to support the traffic study.
These counts were conducted on days when local schools were in session. Intersection turning
movement counts were made at study intersections during the period from 7:00 a.m. to 9:00 a.m. and
4:00 p.m. to 6:00 p.m. The highest hourly traffic volume period within each two hour window was
identified as the peak hour and used for this analysis.
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The report notes that the volume of traffic in and around the Lakeport area can vary throughout the
year, with summer months traffic influenced by visitors to Clear Lake. This increase in recreational
oriented traffic may also be offset somewhat by the lack of school oriented traffic in the summer
months. It is estimated that the traffic count data collected for this analysis is likely indicative of average
conditions for the year, but that these counts are likely lower than peak summer month volume levels.
Figure 3 in the report illustrates the intersection turning movement count data recorded for each count
period. This figure also notes the geometric layout of each intersection and the location of traffic
controls. This data has been used to determine the operating Level of Service (LOS) at each intersection.
Intersection Level of Service
The report indicates that satisfactory LOS A to B operations are currently experienced at the study
intersections. Although the Lakeport Boulevard/South Main Street intersection experiences some queue
formations at each approach to the intersection during peak periods of the afternoon peak hour, the
intersection operates satisfactorily overall. Traffic volumes are relatively minor at the Industrial Avenue
approach to South Main Street and utilization of the existing center turn lane results in relatively short
delays for left turn traffic onto South Main Street.
Traffic Signals
The extent to which improvements are already needed at either intersection was considered in the
traffic report. The peak hour volume of traffic occurring at each intersection was compared to the CA
MUTCD requirements for Warrant 3 (Peak Hour Traffic). At the time of the 2013 study, neither
intersection carried volumes that reach the level satisfying Warrant 3, which suggests that while a signal
might help alleviate brief periods of congestion, the overall volume of traffic at each location does not
justify a traffic signal at this time.
Response XVI a): Although the proposed AutoZone project will result in an increase in traffic in the
vicinity of the project site, the project will not conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for performance of the circulation system, taking into account all
modes of transportation including mass transit and non-motorized travel and relevant components of
the circulation system, including but not limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit.
According to the traffic report, the AutoZone project is expected to generate a total of 485 daily trips,
with roughly 10% or 47 trips during the p.m. peak hour. A total of 17 trips are projected during the a.m.
peak hour after discounting for pass-by trips already occurring on South Main Street adjacent to the site,
the project is projected to generate 12 and 32 new trips in the weekday a.m. and p.m. peak hours,
respectively.
Regarding the existing plus project traffic conditions, the traffic report concluded that development of
the AutoZone project alone does not result in a significant impact to traffic based on the criteria
adopted by the City. Satisfactory operations are currently experienced at the study intersections and no
changes to existing LOS are projected with development of the AutoZone site (Parcel 1).
The transportation-related impacts identified in this section do not rise to a level in which off-site
improvements will be required; however, on-site improvements are necessary for consistency with the
Lakeport Subdivision Ordinance and are considered to be less than significant with mitigation
incorporation. See the conclusion of this report for required mitigation measures.
Response XVI b): Lake County has not established a congestion management agency according to the
Interim City Engineer. As such, this question is not applicable to this project. There is no impact.
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The traffic study prepared for the proposed AutoZone project addressed the long-term cumulative
traffic impacts associated with the project. According to the AutoZone study, the Lakeport Boulevard /
South Main Street intersection is projected to operate with very long delays in the future during the
p.m. peak hour with the existing all-way stop sign control. The average delay for all vehicles would
exceed the Citys LOS C minimum standard during this time period, with or without development of the
proposed project. As noted in the General Plan DEIR, it will eventually be necessary to signalize this
intersection. Signalization is projected to yield LOS C p.m. peak hour operations.
As identified relative to existing conditions, AutoZone project impacts to study intersections under longterm conditions are similarly projected to be minor. AutoZone project traffic will incrementally
contribute to unsatisfactory p.m. peak hour operations at the Lakeport Boulevard/South Main Street
intersection. Review of forecast p.m. peak hour traffic volumes at this intersection indicates that the
trips associated with the auto parts sales store represent 1.7% of the total new trips expected through
the intersection under the development assumptions presented in the Lakeport General Plan DEIR.
Response XVI c): There are no components of the AutoZone project that will result in a change in air
traffic patterns including either the volume or the location of air traffic in the vicinity of the project.
There would be No impact.
Response XVI d): Based on the findings of the traffic report prepared for the AutoZone project, there is
no indication that the proposed project will substantially increase transportation-related hazards due to
a proposed design feature or incompatible uses. This impact is less than significant.
Response XVI e): Adequate emergency access will be provided into the site of the retail business based
on the responses from the Fire District and the Police Department. There is no impact.
Response XVI f): As described in the traffic report, development of the proposed AutoZone may
incrementally contribute to the demand for facilities to serve pedestrians, cyclists and transit riders in
the local area. However, the traffic report stated that this demand is expected to be relatively minor. A
brief discussion of the pedestrian, bicycle, and transit impacts is provided below.
Pedestrian Impacts. It is possible that some of the AutoZones employees or customers may
elect to walk to and from the site. As stated previously, sidewalk facilities are provided on the
west side of South Main Street to the north and south of the site. The proposed AutoZone
project includes construction of sidewalks on Industrial Avenue adjacent to the site. These
improvements represent a reasonable project contribution to the Citys inventory of pedestrian
facilities that is commensurate with the projects relative impact.
Bicycle Impacts. While the use of bicycle travel may be an option for employees or customers to
the site, such traffic will likely be low and the number of cyclists associated with this project is
not likely to create an appreciable safety impacts on the streets that provide access to the
project. The Lakeport General Plan Circulation Element - Bicycle Plan does require a bike lane to
be stripped on South Main Street.
Transit Impacts. Some project employees or customers are likely to take advantage of the
regular bus transit service that already passes the site. The existing bus stop located
approximately 300 feet to the south of the site will provide access to the available transit
services.
The proposed project will not conflict with adopted policies/plans/programs related to public transit,
bicycle or pedestrian facilities or otherwise decrease the performance or safety of such facilities. The
potential impacts are less than significant.
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The proposal to subdivide the subject property and create three additional parcels (number of net new
parcels) will not directly cause a substantial increase in traffic that would detrimentally affect the
existing traffic volumes and/or the capacity of the street system in the vicinity of the project.
Each of the proposed parcels will have frontage along the newly dedicated Industrial Avenue and
therefore adequate emergency access will be provided
The future development and redevelopment of the subject properties will likely result in increased in
vehicular traffic volume and turning movements which will affect Industrial Avenue and South Main
Street and potentially impact Lakeport Boulevard and Highway 29. Future traffic-related impacts will
need to be thoroughly analyzed in conjunction with new development proposals.
Section 16.18.100 B. of the Lakeport Municipal Code addresses the need to complete right of way
improvements and indicates that the completion of right-of-way or street improvements for
subdivisions of four (4) or less parcels shall not be required until a permit or other grant of approval for
the development of any parcel within the subdivision is applied for. Given that development is already
in place upon proposed parcels 2 and 3 full length right-of-way improvements including curb, gutter,
sidewalk and street construction (except as otherwise noted in proposed mitigation measures for this
project) will be required to be constructed prior to the recordation of the final map. Additional
improvements may be required as part of future development applications.
The right-of-way improvements recommended by the Interim City Engineer will be required to be
installed consistent with Municipal Code Section 16.18.100 B.
See conclusion of report for recommended mitigation measures.
XVII.
a)
Exceed
wastewater
treatment
requirements of the applicable Regional
Water Quality Control Board?
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
39
No
Impact
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
e)
f)
g)
Response XVII a), b), e): Construction of the project and its subsequent use for retail purposes will not
exceed the wastewater treatment requirements of the Central Valley Regional Water Quality Control
Board. Sewer generated from the project will be treated by the CLMSD plant in south Lakeport. The
Citys Public Works Director and City Engineer have recommended the incorporation of two mitigation
measures directly related to sanitary sewer requirements for this project: 1) The legal description for
Parcels 3 and 4 will be required to include a 20 wide Public Utility Easement for the sewer main and
drainage that extends through the parcels. The sewer main will be required to be located in the center
of the easement.; and 2) an 8 sanitary sewer line together with lateral serving existing structures
located on proposed parcels 2 and 3 shall be required.
Significant impacts to the Citys water system are not expected given the estimated water usage
amounts. The Citys Public Works Director and City Engineer are recommending the installation of a 12
water main in accordance with City and Lakeport Fire Protection District standards.have recommended
the incorporation of two mitigation measures directly related to sanitary sewer requirements for this
project:
Adequate capacity exists at this time and the project will not require or result in the construction of new
water or wastewater treatment facilities. The project will comply with all requirements related to the
projects water and sewer system, including the payment of the standard CLMSD sewer expansion fees
and City of Lakeport Water Expansion fees. AutoZone will pay these fees prior to the issuance of
development permits.
Potential impacts related to sewer capacity are considered to be less than significant with the
incorporation of mitigation measures.
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Response XVII c): Construction of the proposed storm drainage facilities has the potential to cause
significant environmental effects as some of the activities may be located in environmentally-sensitive
habitat areas.
Potential impacts to the storm water system are considered less than significant with mitigation.
Please see the Hydrology and Water Quality section of this report for more discussion regarding storm
water issues.
Response XVII d): According to the Citys Public Works Director there are sufficient water supplies
available to serve the project from existing entitlements and resources. AutoZone Inc. will pay the
required water expansion fee (based on water meter size) prior to the issuance of development permits.
The applicant will be required to install a 12 City water main in the Industrial Avenue right-of-way in
accordance with the requirements of the City of Lakeport and the Lakeport County Fire Protection
District.
Potential impacts related to the Citys water supply and distribution facilities have been determined to
be less than significant with mitigation.
Response XVII f), g): The proposed project will result in an increase in the generation of solid waste
during retail operations. In addition, waste may be generated if unsuitable materials are discovered
during construction and removed from the site. Excess graded materials are expected to be hauled offsite.
The City contracts with Lakeport Disposal for its solid waste disposal and all businesses are subject to
mandatory garbage service and recycling requirements. Most solid waste from Lakeport is transferred to
the East Lake landfill, located on a 32 acre parcel just outside the City of Clearlake. The landfill has a
total capacity of 6 million cubic yards and is expected to reach total capacity between 2020 and 2025.7
Therefore, the project will be served by a landfill with sufficient capacity and is expected to comply with
all applicable solid waste regulations. Impacts related to the storage, collection and disposal of solid
waste are less than significant.
See conclusion of report for recommended mitigation measures.
a)
41
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Lakeport AutoZone
PM 14-01/AR 14-11/ZC 14-01
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Response XVIII a) - c): Based on the findings set forth in the Initial Study, the proposed retail project has
the potential to adversely impact the environment unless mitigation measures are incorporated into the
project approval. The potentially significant effects identified herein are related to aesthetics, air
quality, biological resources, cultural resources, geology/soils, noise, public services,
transportation/traffic, and utilities and service systems.
The potential environmental impacts identified in the Initial Study are less than significant with
mitigation incorporation.
CONCLUSION AND MANDATORY FINDINGS OF SIGNIFICANCE: The application for a TPM to create four
lots out of approximately 8 acres of land at 301 and 401 Industrial Avenue (APN 05-045-29 and APN 05045-30) also has the potential to impact the environment unless mitigation measures are incorporated
into the project approval. The potentially significant effects identified in the Initial Study include air
quality, biological resources, cultural resources, hydrology/water quality, geology/soils, public services,
transportation/traffic, and utilities and service systems.
Staff has developed mitigation measures which have been agreed to by the applicant, and when
implemented will mitigate the identified environmental impacts to a less than significant level.
The proposed subdivision TPM generally conforms to the Citys Subdivision and Zoning Ordinances.
There are, however, some issues which must be resolved prior to recordation of the Parcel Map as
described herein.
Staff recommends that the Planning Commission adopt a Mitigated Negative Declaration for the project
as provided for in the California Environmental Quality Act. Staff further recommends that the Planning
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Commission approve the TPM application and map dated May 19, 2015, for the four lots located at 301
and 401 Industrial Avenue (APN 05-045-29 and APN 05-045-30). Approval of the TPM shall be subject to
the environmental mitigation measures and conditions of approval as set forth below:
Mitigation Measures:
1.
All new exterior lighting serving the new buildings and related parking, driveway and pedestrian
areas shall be shielded, provided with property line cut-offs, and/or downlit so as to eliminate
glare-related impacts to adjacent properties or the public right-of-way. Details and specifications
regarding the proposed building-mounted and parking lot lighting shall be included in the building
permit application package. (Aesthetics)
2.
The parking lot light standards should not exceed a height of 18 feet if determined to be possible
without detrimentally affecting the sites security and illumination requirements. In no case shall
the height of the light standards exceed a height of 25 feet. (Aesthetics)
3.
4.
Metal or other similar type awning structures shall be provided over the three doors on the west
side of the north faade of the proposed building to be constructed on Parcel 1. (Aesthetics)
5.
All construction activities shall include adequate dust suppression including frequent watering, the
use of palliatives or other methods during grading, earth work, and building periods. Site grading
and building activities shall be avoided during windy periods and all surfaces subject to grading
and/or heavy traffic and equipment usage, including public and private streets, should be
periodically sprinkled with water. Graded areas and other bare soil areas shall be stabilized to
prevent the generation of wind-blown dust. Materials transported to and from the site shall be
covered or thoroughly watered in order to minimize fugitive dust and any materials deposited on
adjacent roadways shall be removed in a timely manner. (Air Quality)
6.
All parking areas, driveways, shoulders, walkways and other areas subject to vehicular and
pedestrian traffic associated with Parcel 1 shall be paved with asphaltic concrete or standard
concrete and maintained to limit dust. Paving shall occur prior to occupancy to minimize dust
emissions. Access to exposed serpentine surfaces shall be restricted by fencing or other barriers
until the surface is adequately covered by non-asbestos material. Access to other areas should be
limited to authorized vehicles prior to paving unless the traveled surfaces are well maintained
with adequate cover and watered regularly to prevent visible dust. A gate or fence may be
required to limit public access onto the site should active project work be suspended and the
unfinished project has the potential to generate fugitive dust or create nuisance conditions. (Air
Quality)
7.
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8.
Engine warm-up and idling activities associated with the construction activities shall be done be in
accordance with the applicable State law governing said activities. Consideration shall be given to
nearby residences with respect to heavy equipment use and storage. (Air Quality)
9.
Any vegetation removed as a result of construction shall be recycled as firewood, or chipped and
spread for groundcover and erosion control, or removed from the site. There shall be no burning
of site vegetation, construction debris, or household materials. (Air Quality)
10.
The applicant/owner/developer shall comply with the performance standards set forth in Section
17.28.010 of the City of Lakeport Municipal Code regarding the generation of noise; odors, smoke,
fumes, dust or particulate matter; and the accumulation of solid waste. The applicant/owner shall
take the appropriate steps to effectively reduce or eliminate these types of problems if the City
receives legitimate complaints. (Air Quality)
11.
A note shall be placed on the final map indicating a 20 setback from the open drainage channel
traversing proposed parcel 3 and the pond adjacent to the southeastern property boundary of
proposed parcel 3. No development or disturbance shall occur within this required setback area
unless a biological survey and environmental review under CEQA is completed. (Biological
Resources)
12.
Project approval shall not become effective, operative, vested or final until the California
Department of Fish and Game filing fee required or authorized by Section 711.4 of the Fish and
Game Code is submitted. Said fee shall be paid within 30 days of project approval by the City of
Lakeport Planning Commission. (Biological Resources)
13.
Either a Native American monitor and/or a qualified archaeologist shall be present during
excavation and removal of ground materials beyond 18 inches below existing ground level.
(Cultural Resources)
14.
During any excavation or other substantial subsurface disturbance activities any individuals
conducting the work should be given a cultural awareness training session and advised to watch
for cultural resource materials. If any evidence of prehistoric cultural resources be observed
(freshwater shells, beads, bone tool remnants or an assortment of bones, soil changes including
subsurface ash lens or soil darker in color than surrounding soil, lithic materials such as flakes,
tools or grinding rocks, etc.), or historic cultural resources (adobe foundations or walls, structures
and remains with square nails, refuse deposits or bottle dumps, often associated with wells or old
privies), all work must immediately cease, and a qualified archaeologist must be consulted to
assess the significance of the cultural materials. (Cultural Resources)
15.
If human remains are discovered, all work must immediately cease, and the local coroner must be
contacted. Should the remains prove to be of cultural significance, the Native American Heritage
Commission in Sacramento, California, must be contacted, with notification of most likely
descendants. (Cultural Resources)
16.
17.
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PM 14-01/AR 14-11/ZC 14-01
parking area, driveways, walkways, etc.) resulting from the project. (Hydrology and Water
Quality)
18.
The applicant/owner/developer shall submit an engineered stormwater drainage plan prior to the
issuance of a development permit. The drainage plan shall address the findings of the hydrology
analysis and include the provision of a system capable of collecting and detaining the stormwater
generated from the proposed project so that there is no net increase in the flow rate of off-site
runoff. The drainage plan shall address all existing storm drainage channels located on the site.
Details regarding the proposed collection, conveyance and detention facilities shall be included in
the drainage plan. (Hydrology and Water Quality)
19.
The proposed underground retention basin for development to occur on Parcel 1 shall drain
directly into the existing storm drainage structure located at the southeast corner of the property
and not directly into the 48 storm drain pipe as shown. (Hydrology and Water Quality)
20.
The applicant/owner/developer shall place curbs at the back of sidewalks adjacent to slopes to
provide a minimum of 6 of height above completed landscape installation as it related to
proposed development to occur on Parcel 1. (Hydrology and Water Quality)
21.
The drainage on the north side of Industrial Avenue traditionally flows north to the inlet just south
of Campbell Lane. The applicant/owner/developer shall maintain this drainage pattern. It is
acceptable to the City of Lakeport to drain the north side of Industrial Avenue, both existing and
newly developed, by gutter flow into the existing curb and gutter on the west side of South Main
Street. If necessary to drain the private property on the northwest corner of the intersection, a
through curb drain (with sediment basin) may be provided. (Hydrology and Water Quality)
22.
The drainage on the south side of Industrial Avenue traditionally flows south to the inlet near the
southern property line. The applicant/owner/developer shall maintain this drainage pattern. The
new storm drain line shall be moved from the southbound lane of South Main Street to the new
drainage easement to the west of the development with an inlet located in the curb and gutter
with an area drain in the lot to the southwest. This storm drain pipe shall be connected to the
existing 48 CMP using a full concrete drainage structure with a manhole lid access. (Hydrology
and Water Quality)
23.
The applicant/owner/developer shall either remove entirely or replace the two 36 storm drain
pipes within the drainage channel of Parcel 3 with three 48 CMP culverts to conform to the flow
lines of the downstream 48 culverts. (Hydrology and Water Quality)
24.
The applicant/owner/developer shall comply with Lakeport Municipal Code Chapter 8.40
(Stormwater Management), the Lake County Clean Water Program Storm Water Management
Plan and the requirements of the California Water Resources Control Board (NPDES Phase
II/Construction Activities Storm Water General Permit requirements) prior to the issuance of a
development permits. Copies of the Central Valley Regional Water Quality Control Board Notice
of Intent (NOI), Stormwater Management Plan (SWMP), and Storm Water Pollution Prevention
Plan (SWPPP) shall be provided to the City prior to any construction activities. All erosion control
measures and construction activities shall be completed in accordance with the projects Storm
Water Pollution Prevention Plan. (Hydrology and Water Quality)
25.
The applicant/owner/developer shall provide oil/sediment interceptors /filters as part of the onsite stormwater conveyance system. Said interceptors/filters shall be installed at each drop inlet
and shall be capable of separating petroleum products and other sediments from stormwater
runoff. The applicant/owner/developer shall maintain all interceptors/filters on a regular basis to
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Lakeport AutoZone
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ensure their functional use. Plan and details for the interceptors/filters shall be included with the
on-site stormwater drainage plans. (Hydrology and Water Quality)
26.
The stormwater drainage collection, conveyance and detention facilities shall be developed in
accordance with the approved plans and shall be completed prior to the issuance of any final
occupancy permit. (Hydrology and Water Quality)
27.
28.
All on-site stormwater catch basins should be provided with a 1 foot sump for sediment removal
and related maintenance. (Hydrology and Water Quality)
29.
The applicant/owner/developer shall provide adequate ingress and egress for maintenance
purposes by City staff to the existing storm drainage structure located at the southeastern corner
of proposed Parcel 1. The final map shall include and display a drainage maintenance easement
for this storm drainage structure. This maintenance access area shall be free from obstructions
including landscaping and provide a 12 foot wide double swing access gate which will swing 180
degrees open into the parking lot. (Hydrology and Water Quality)
30.
The applicant/owner/developer shall pay the standard City stormwater mitigation fee of $0.10 per
square feet for all new impervious surface area prior to the issuance of a development permit.
(Hydrology and Water Quality)
31.
The applicant/owner/developer shall construct all improvements in the flood zone in accordance
with the Citys Floodplain Management Ordinance (Lakeport Municipal Code Ch. 15.16), including
the submittal of adequately detailed construction plans prior to the issuance of a building permit.
(Hydrology and Water Quality)
32.
There shall be no Sunday construction activity. All construction work shall comply with the noise
standards set forth in Section 17.28.010 A. of the Lakeport Zoning Ordinance. The
applicant/owner/developer shall submit construction plans to the City which address compliance
with applicable noise standards. (Noise)
33.
The applicant/owner/develop shall install up to two fire hydrants to serve the proposed project in
accordance with Section 903 of the Uniform Fire Code. The hydrants shall be located so that all
existing and future structures are reachable by 250 hose lay length. The location of the hydrants
shall be coordinated with the Lakeport County Fire Protection District and shall be detailed on the
street improvement plans. (Public Services)
34.
The applicant/owner/developer shall pay the fire mitigation fee of $1.00 per square foot for all
covered construction to the Lakeport Fire Protection District prior to the issuance of a
development permit. (Public Services)
35.
The applicant/owner/developer shall pay the required school impact fees for commercial
structures of $0.47 per square foot of building construction to the Lakeport Unified School District
prior to the issuance of a development permit. (Public Services)
36.
The applicant/owner/developer shall dedicate land to the City of Lakeport for the Industrial Avenue
street right-of-way on the Parcel Map. The right-of-way dedication shall be of sufficient size to
provide a 50' wide right-of-way and a cul-de-sac bulb with a curb to curb diameter of 150 with an
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Lakeport AutoZone
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additional 5 of public
(Transportation/Traffic)
utility
easement
and
pedestrian
easement
behind
sidewalk.
37.
The applicant/owner/developer shall dedicate 10 of Right-of-Way behind the proposed face of curb
along the east side of Parcel 1, including the radius curve at the intersection of South Main and
Industrial Avenue. (Transportation/Traffic)
38.
The applicant/owner/developer shall eliminate the curb, gutter and sidewalk requirements shown
along the north side of Industrial Avenue, including the curb return to the existing sidewalk conform
on South Main Street.
Maintain existing handicap ramp and curb, gutter and sidewalk
improvements and maintain existing asphalt/concrete swale at the edge of the existing roadway.
Industrial Avenue shall be constructed, as shown on the Parcel Map, to the edge of the proposed
gutter lip and between this point and the existing asphalt/concrete swale the
applicant/owner/developer shall grind and replace 3 of asphalt/concrete. A minimum of 1% slope
shall be maintained along the proposed gutter lip and existing asphalt/concrete swale to facilitate
drainage. (Transportation/Traffic)
39.
The applicant/owner/developer shall provide pavement design for heavy duty and light duty paving.
For heavy duty paving, the design criteria shall be TI=7.0. At least two R values under the existing
roadway shall be obtained and tested. For the light duty paving, the design criteria shall be
TI=5.5.The HMA surface shall be a minimum of 3 inches of HMA. In lieu of R-value testing, the
pavement can be designed with a stabilization fabric and R=25. (Transportation/Traffic)
40.
41.
42.
The legal description for Parcels 3 and 4 shall include a 20 wide Public Utility Easement for the
sewer main and drainage that extends through the parcel. The sewer main shall be located in the
center of the easement. Said easement shall also be depicted on the final map. (Utilities/Service
Systems)
43.
The applicant/owner/developer shall install a 12 City water main in accordance with the
requirements of the City of Lakeport and the Lakeport County Fire Protection District.
(Utilities/Service Systems)
44.
The applicant/owner/developer shall install an 8 sanitary sewer line in accordance with the
requirements of the City of Lakeport standards and regulations. The sewer laterals serving existing
structures located on Parcels 2 and 3 shall be tied into the new sanitary sewer line to be provided
on Industrial Avenue. (Utilities/Service Systems)
45.
The applicant/owner/developer shall dedicate area within the subdivision as needed for public
street right-of-way, drainage, public utility easements, and other easements. Said dedication shall
include the existing sewer lateral serving existing buildings. (Utilities/Service Systems)
46.
47.
The applicant/owner/developer shall comply with all requirements related to the projects sewer
system, including the payment of the standard CLMSD sewer expansion fee of $12,717, as of July
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2014. (Sewer expansion fees are indexed annually to the CPI index and adjusted for inflation each
July in accordance with Resolution 2271 (2006).) Said fees shall be paid prior to the issuance of a
development permit. (Utilities/Service Systems)
48.
The applicant/owner/developer shall pay the required water expansion fee, $6,923 for a standard
inch meter with escalating cost for larger meters. (Water expansion fees are indexed annually
to the CPI index and adjusted for inflation each July.) Said fees shall be paid prior to the issuance
of a development permit. (Utilities/Service Systems)
50.
The project shall be developed in accordance with the approval of the Planning Commission and
City Ordinances. Construction drawings and improvement plans for the retail project shall
conform to those plans approved by the Commission and to the conditions of approval and
mitigation measures. A building permit shall be obtained from the City before the construction
activities are commenced.
51.
Minor alterations to the approved plans and specifications which do not result in increased
environmental impacts may be approved in writing by the City of Lakeport Community
Development Director.
52.
The new buildings and all site improvements, including the parking lot, landscaping, storm
drainage improvements, right-of-way improvements and other project components shall be
completed prior to the issuance of an occupancy permit by the City.
53.
The applicant/owner/developer shall prepare and submit a detailed final landscaping plan,
including irrigation plan, prior to the issuance of a building permit. Said landscaping plan shall
specify the type, size, number, and location of all landscape planting materials. This final
landscaping plan shall eliminate the placement of trees and any other deep rooting vegetation
over the existing drainage easement located along the southern boundary of the property. The
planting of all landscaping materials shall be completed prior to the issuance of an occupancy
permit and shall be continuously maintained and watered over the life of the project. Landscaping
irrigation shall comply with the States Model Water Efficient Landscape Ordinance (AB 1881) and
shall be designed to minimize water usage. All plant materials that are not healthy or that dies
shall be replaces with similar landscape materials in a timely manner.
54.
All site signage, including entry signage, parking lot, ancillary, and all other signs shall conform to
the City of Lakeport Sign Ordinance, Resolutions, and Interpretations.
55.
All exposed metal, pipes, trim, flashing, vents, etc. shall be painted to complement the building or
coated to eliminate glare impacts.
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56.
The applicant/owner/developer shall maintain the exterior of the buildings and all related site
improvements in good condition for the life of the project. Damaged or dilapidated portions of
the buildings or related improvements shall be promptly repaired or replaced as necessary.
57.
Lot corners or at any other location at the discretion of the City Engineer, including but not
limited to, the centerline intersection of South Main Street and Industrial Avenue and center of
Industrial Avenue cul-de-sac.
58.
The applicant/owner/developer shall prepare a Parcel Map in accordance with the provisions of
the City of Lakeport Subdivision Ordinance and California Subdivision Map Act. Said map shall be
recorded in accordance with the time frames as set forth in the City Subdivision Ordinance.
59.
The applicant/owner/developer shall cause the subdivision map to be prepared by a licensed land
surveyor. Said map shall be submitted with all data required by the City Subdivision Ordinance,
including traverse sheets, guarantee of title, tax statements, and other required data. The
developer shall pay the required review checking and filing fees.
60.
61.
62.
All existing and proposed electric and communication service laterals and poles serving the subject
property and proposed new parcels, including telephone, cable television and internet, shall be
relocated or installed underground. The applicant/owner/developer shall provide a plan detailing
the provision of electrical, telephone, cable television and internet services. Said plan shall be
reviewed and approved by the City Engineer.
63.
The applicant/owner/developer shall provide illuminated street address numbers on each existing
and proposed structure.
64.
The applicant/owner/developer shall pay the South Main Street Reimbursement Fee in
accordance with Ordinance 1581 (1988) in the amount of approximately $0.11 per square feet of
land area prior to recordation of the parcel map.
65.
The application/owner shall provide the City with new legal descriptions for each of the subject
parcels involved in the lot line adjustment. The legal descriptions shall be prepared and stamped
by a registered land surveyor or civil engineer and shall be reviewed and approved by the City
prior to being recorded by the County. The cost for the Citys contract surveyors review of the
legal descriptions shall be paid by the applicant/owner(s).
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66.
The applicant/owner(s) shall pay the estimated property taxes for the adjusted parcels, including
advance taxes for the next fiscal year, as required by the County Tax Collectors Office prior to the
recordation of the lot line adjustment.
67.
The applicant/owner(s) shall provide updated Title Reports (not older than six months at time of
submittal) for each affected property. If necessary, the applicant/owners(s) shall obtain consent
of lienholders prior to recordation of the lot line adjustment on a form provided by the City of
Lakeport.
68.
The applicant/owner shall coordinate the reapportionment of each parcels sewer assessment
(Assessment District 91-1) with the City Engineers office, including the payment of the
reapportionment fee, prior to the recordation of the lot line adjustment.
50
CITY OF LAKEPORT
Community Development Department
225 Park Street
Lakeport, Ca 95453
RECITALS
WHEREAS, applicant/owner applied to the City of Lakeport (file number
PM 14-01/ZC 14-01/LLA 14-01/AR 14-11/VA 14-01/ER 14-01) for a Tentative Parcel
Map (PM 14-01) to create four (4) new parcels, a Zone Change (ZC 14-01) from I,
Industrial to C-2, Major Retail for proposed parcel 1, a Lot Line Adjustment (LLA
14-01) with 292 Industrial Avenue, and Architectural & Design Review (AR 14-11)
of a proposed 7,842 square foot retail building on proposed parcel 1, and a
Variance (VA 14-01) to exceed the maximum amount of signage permitted by
an additional 85 square feet on property located at 301 and 401 Industrial
Avenue, also known as APNs 005-045-29 & -30(hereinafter Lakeport AutoZone
Project); and
WHEREAS, on December 9, 2015, the Lakeport Planning Commission
reviewed and approved the Lakeport AutoZone Project subject to the following
conditions:
1.
All new exterior lighting serving the new buildings and related parking,
driveway and pedestrian areas shall be shielded, provided with property
line cut-offs, and/or downlit so as to eliminate glare-related impacts to
adjacent properties or the public right-of-way. Details and specifications
regarding the proposed building-mounted and parking lot lighting shall be
included in the building permit application package.
2.
The parking lot light standards should not exceed a height of 18 feet if
determined to be possible without detrimentally affecting the sites security
and illumination requirements. In no case shall the height of the light
standards exceed a height of 25 feet.
3.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
4.
Metal or other similar type awning structures shall be provided over the
three doors on the west side of the north faade of the proposed building
to be constructed on Parcel 1.
5.
6.
All parking areas, driveways, shoulders, walkways and other areas subject
to vehicular and pedestrian traffic associated with Parcel 1 shall be paved
with asphaltic concrete or standard concrete and maintained to limit dust.
Paving shall occur prior to occupancy to minimize dust emissions. Access to
exposed serpentine surfaces shall be restricted by fencing or other barriers
until the surface is adequately covered by non-asbestos material. Access
to other areas should be limited to authorized vehicles prior to paving unless
the traveled surfaces are well maintained with adequate cover and
watered regularly to prevent visible dust. A gate or fence may be required
to limit public access onto the site should active project work be suspended
and the unfinished project has the potential to generate fugitive dust or
create nuisance conditions.
7.
8.
9.
10.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
A note shall be placed on the final map indicating a 20 setback from the
open drainage channel traversing proposed parcel 3 and the pond
adjacent to the southeastern property boundary of proposed parcel 3. No
development or disturbance shall occur within this required setback area
unless a biological survey and environmental review under CEQA is
completed.
12.
Project approval shall not become effective, operative, vested or final until
the California Department of Fish and Game filing fee required or
authorized by Section 711.4 of the Fish and Game Code is submitted. Said
fee shall be paid within 30 days of project approval by the City of Lakeport
Planning Commission.
13.
14.
15.
If human remains are discovered, all work must immediately cease, and the
local coroner must be contacted. Should the remains prove to be of
cultural significance, the Native American Heritage Commission in
Sacramento, California, must be contacted, with notification of most likely
descendants.
16.
17.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
19.
20.
21.
The drainage on the north side of Industrial Avenue traditionally flows north
to the inlet just south of Campbell Lane. The applicant/owner/developer
shall maintain this drainage pattern. It is acceptable to the City of Lakeport
to drain the north side of Industrial Avenue, both existing and newly
developed, by gutter flow into the existing curb and gutter on the west side
of South Main Street. If necessary to drain the private property on the
northwest corner of the intersection, a through curb drain (with sediment
basin) may be provided.
22.
The drainage on the south side of Industrial Avenue traditionally flows south
to
the
inlet
near
the
southern
property
line.
The
applicant/owner/developer shall maintain this drainage pattern. The new
storm drain line shall be moved from the southbound lane of South Main
Street to the new drainage easement to the west of the development with
an inlet located in the curb and gutter with an area drain in the lot to the
southwest. This storm drain pipe shall be connected to the existing 48 CMP
using a full concrete drainage structure with a manhole lid access.
23.
24.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
26.
27.
28.
All on-site stormwater catch basins should be provided with a 1 foot sump
for sediment removal and related maintenance.
29.
30.
31.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
33.
34.
The applicant/owner/developer shall pay the fire mitigation fee of $1.00 per
square foot for all covered construction to the Lakeport Fire Protection
District prior to the issuance of a development permit.
35.
36.
The applicant/owner/developer shall dedicate land to the City of Lakeport for the
Industrial Avenue street right-of-way on the Parcel Map. The right-of-way
dedication shall be of sufficient size to provide a 50' wide right-of-way and a cul-desac bulb with a curb to curb diameter of 150 with an additional 5 of public utility
easement and pedestrian easement behind sidewalk.
37.
38.
39.
The applicant/owner/developer shall provide pavement design for heavy duty and
light duty paving. For heavy duty paving, the design criteria shall be TI=7.0. At
least two R values under the existing roadway shall be obtained and tested. For
the light duty paving, the design criteria shall be TI=5.5.The HMA surface shall be
6
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
41.
42.
The legal description for Parcels 3 and 4 shall include a 20 wide Public Utility
Easement for the sewer main and drainage that extends through the parcel. The
sewer main shall be located in the center of the easement. Said easement shall
also be depicted on the final map.
43.
44.
45.
46.
47.
48.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
49.
50.
51.
52.
The new buildings and all site improvements, including the parking lot,
landscaping, storm drainage improvements, right-of-way improvements
and other project components shall be completed prior to the issuance of
an occupancy permit by the City.
53.
54.
All site signage, including entry signage, parking lot, ancillary, and all other
signs shall conform to the City of Lakeport Sign Ordinance, Resolutions, and
Interpretations.
55.
All exposed metal, pipes, trim, flashing, vents, etc. shall be painted to
complement the building or coated to eliminate glare impacts.
56.
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
57.
58.
59.
60.
61.
62.
All existing and proposed electric and communication service laterals and
poles serving the subject property and proposed new parcels, including
telephone, cable television and internet, shall be relocated or installed
underground.
The applicant/owner/developer shall provide a plan
detailing the provision of electrical, telephone, cable television and internet
services. Said plan shall be reviewed and approved by the City Engineer.
63.
64.
65.
The application/owner shall provide the City with new legal descriptions for
each of the subject parcels involved in the lot line adjustment. The legal
9
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
The applicant/owner(s) shall pay the estimated property taxes for the
adjusted parcels, including advance taxes for the next fiscal year, as
required by the County Tax Collectors Office prior to the recordation of the
lot line adjustment.
67.
The applicant/owner(s) shall provide updated Title Reports (not older than
six months at time of submittal) for each affected property. If necessary,
the applicant/owners(s) shall obtain consent of lienholders prior to
recordation of the lot line adjustment on a form provided by the City of
Lakeport.
68.
That the applicant/owner has read and agrees to each and every item
and condition herein.
2.
That the development and use of the real property described herein shall
conform to the conditions listed above and all City of Lakeport Ordinances
and Resolutions where applicable.
3.
APPLICANT/DEVELOPER
APPLICANT/OWNER
____________________________
SIGNATURE- Mitch Bramlitt /
AutoZone
____________________________
SIGNATURE Sam LaMonica
____________________________
DATE
____________________________
DATE
10
Lakeport AutoZone
301 & 401 Industrial Avenue
Attachment 3
LEGEND
DESCRIPTION
EXISTING
PROPOSED
PROPERTY LINE
ROW
EASEMENT
PROJECT SITE
LOT LINE
CENTERLINE
US
VICINITY MAP
EP
NOT TO SCALE
STORM DRAIN
SANITARY SEWER
WATER
TELEPHONE MH
LEGAL DESCRIPTION:
SDMH
DROP INLET
SSMH
SSCO
PARCEL ONE:
FIRE HYDRANT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF LAKE, STATE
OF CALIFORNIA, BEING WITHIN SECTION 25, TOWNSHIP 14 NORTH, RANGE 10
WEST, M.D.B. & M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS 10 CHAINS NORTH OF A POINT THAT IS 2
CHAINS EAST OF THE QUARTER SECTION CORNER ON THE SOUTH LINE OF
SECTION 25; THENCE EAST 447.65 FEET MORE OR LESS TO THE EASTERLY
RIGHT-OF-WAY LINE OF CALIFORNIA STATE HIGHWAY NO. 29 AS DESCRIBED IN
THE DEED FROM LANGE BROS. CONSTRUCTION, INC. TO THE STATE OF
CALIFORNIA, RECORDED NOVEMBER 25, 1970, IN BOOK 649 OF OFFICIAL
RECORDS AT PAGE 184 AND THE TRUE POINT OF BEGINNING; THENCE FROM
WATER VALVE
UTILITY POLE
INDEX CONTOUR
INTERMEDIATE CONTOURS
JUNCTION/PULL BOX
SIGN
TREE & DRIP
REMOVAL
BUILDING
OF THE TRACT OF LAND DESCRIBED IN THE DEED FROM WILLIAM W.H. WOLFE
TO ROBERT W. FANDERBERG AND ANTIONETTE MARSHALL, RECORDED
AUGUST 9, 1993 AS DOCUMENT NO. 93-016195; THENCE SOUTH (MEASURED
NOTES:
BEGINNING.
PARCEL TWO:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 25, TOWNSHIP 14 NORTH, RANGE 10 WEST, M.D.M., DESCRIBED
AS FOLLOWS:
COMMENCING AT A SPIKE AND SHINER SET FOR THE QUARTER CORNER ON
UTILITY COMPANIES:
FEET) FEET TO THE NORTH LINE OF THE PARCEL OF LAND CONVEYED TO THE
STATE OF CALIFORNIA BY DEED RECORDED AUGUST 26,1966, IN BOOK 502 OF
OFFICIAL RECORDS, PAGE 235, LAKE COUNTY RECORDS;
SHEET INDEX:
DEVELOPER:
SAM LA MONICA
4190 SILVERADO TRAIL
NAPA, CA 94558
TOTAL PARCELS:
4 PARCELS
CONTOUR INTERVAL:
BENCHMARK:
PROPOSED ZONING:
EXISTING EASEMENTS:
2 FT
APPLICANT:
AUTOZONE, INC.
123 S. FRONT STREET
MEMPHIS, TN 38103
MITCH BRAMLITT
PH. (901)495-8714
SOURCE OF TOPOGRAPHY:
GEOTECHNICAL REPORT:
NOT TO SCALE
PRESENT ZONING:
OWNER:
APN:
APN:
005-045-29
005-045-30
PARCEL AREA:
EXISTING PARCEL AREA = 8.532 ACRES
REVISED: 12-31-14
Attachment 4
TPM-1
4
PAVING LEGEND:
HEAVY DUTY AC
LIGHT DUTY AC
CITY STREET AC SECTION
TEMPORARY AC SECTION
HEAVY DUTY PCC
KEYNOTES:
APN: 005-045-28
FUNDERBURG
ROBERT & AWTOINETTE
DOC. 20011007584
LOCATION:
APN: 005-045-31
FUNDERBURG
ROBERT & AWTOINETTE
DOC. 20011007584
BENCHMARK:
PIPE GUARD.
BOLLARD PLAN.
ASPHALT PAVING.
10
11
12
13
14
ACCESSIBLE RAMP.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RIGHT-OF-WAY
14
28
RELOCATE
POWER POLES
ZONING:
EXISTING ZONING = INDUSTRIAL
PROPOSED ZONING = C2 MAJOR RETAIL
RIGHT-OF-WAY
OWNER:
SAM LAMONICA
4190 SILVERADO TRAIL
NAPA, CA 94558
24
RELOCATE
POWER POLE
15
23
11
14
22
DEVELOPER:
23
20
AUTOZONE, INC.
123 S. FRONT STREET
MEMPHIS TN 38013
PH: (901) 495-8714
20
RELOCATE FIRE
HYDRANT
15
27
27
27
19
21
11
25
14
8
8
4 TYP.
LEGEND
DESCRIPTION
EXISTING
PROPOSED
PARCEL 2
APN: 005-045-30
LA MONICA, SAM
DOC. 2001R0023364
13
5
15
3
7
PROPERTY LINE
ROW
EASEMENT
PARCEL 1
10 TYP.
LOT LINE
17 TYP.
12
9
14
5
26
12
18
13
EP
15
STORM DRAIN
10 TYP.
SANITARY SEWER
WATER
GENERAL NOTES:
FIRE SERVICE
SDMH
DROP INLET
FIRE HYDRANT
PIV
FDC
WATER VALVE
WATER METER
REDUCED PRINCIPAL
PRESSURE ASSEMBLY
PARCEL 1
BOOK 54 PAGE 32
REDUCED PRESSURE
BACKFLOW PREVENTOR
UTILITY POLE
STREET LIGHT
FENCE
OVERHEAD UTILITY
ZONE:
INDEX CONTOUR
INTERMEDIATE CONTOURS
SIGN
HANDICAP RAMP
BLOW OFF ASSEMBLY
PCWA BLOW OFF ASSEMBLY
TRUNCATED DOMES
FLOOD PLAIN:
ACCORDING TO THE FLOOD INSURANCE RATE MAP, THE SITE IS LOCATED IN:
ZONE "X" AREA DETERMINED TO BE AREAS OF MINIMAL FLOODING.
ZONE "AO" AREA DETERMINED TO BE AREAS OF FLOODING OF 1 FOOT IN DEPTH. 0.2%
ANNUAL CHANCE OF FLOOD HAZARD.
ZONE "AE" AREAS TO SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD
EVENT DETERMINED BY DETAILED METHODS.
BUILDING
USE:
I (INDUSTRIAL)
RETAIL (AUTO PARTS SALES)
ITEM
UTILITY COMPANIES:
UTILITIES SHOWN ARE BASED ON LIMITED DATA. THERE IS
NO GUARANTEE AS TO THEIR LOCATION OR SIZE. PLEASE
CONTACT RESPECTIVE UTILITY COMPANIES PRIOR TO
CONSTRUCTION. POSSIBLE CONTACTS IN THIS AREA ARE:
ELECTRIC- PG&E
325 N FORBES STREET
LAKEPORT, CA 95453
(800) 743-5000
PHONE- AT&T
AT&T:
PHONE: (888) 354-9135
SWITCH BOARD
SANITARY SEWERWASTE WATER DIVISION
591 MARTIN ST. LAKEPORT,
CA 95453
(707) 263-4658
DANIEL DWELLE
GAS- 325 N FORBES STREET
LAKEPORT, CA 95453
(800) 743-5000
REQUIREMENTS
15 FT
10 FT OR 30 FT IF
CONTIGUOUS TO
COMMERCIAL OR
RESIDENTIAL
10 FT OR 30 FT IF
CONTIGUOUS TO
COMMERCIAL OR
RESIDENTIAL
45'
PROVIDED
51.67 FT
20 FT
74.70 FT
21'
PARKING INFORMATION
ITEM
BUILDING
SIZE
PARKING
REQUIRED
MINIMUM
PARKING
DIMENSIONS
MIN. DRIVEWAY WIDTH
HANDICAP SPACES
REQUIREMENTS
PROVIDED LOT
AREA
PROVIDED
7,842 SF
31 SPACES
ON-SITE
AUTOZONE, INC.
27
DITCH
27
CENTERLINE
TPM-2
19 FT x 9 FT STD.
20 FT x 9 FT
ACCESSIBLE
24 FT
2 SPACES
4
12-9-2014
HEAVY DUTY AC
LIGHT DUTY AC
CITY STREET AC SECTION
TEMPORARY AC SECTION
HEAVY DUTY PCC
FLOOD PLAIN:
ACCORDING TO THE FLOOD INSURANCE RATE MAP DATED SEPT. 28,
1990 THE SITE IS LOCATED IN:
APN: 005-045-28
FUNDERBURG
ROBERT & AWTOINETTE
DOC. 20011007584
EDGE OF (P) AC
APN: 005-045-31
FUNDERBURG
ROBERT & AWTOINETTE
DOC. 20011007584
NOTE:
REQUEST TO DEFER STREET AND UTILITY IMPROVEMENTS FOR
PARCELS 2, 3, AND 4.
D
D
RIGHT-OF-WAY
AUTOZONE, INC.
PARCEL 1
PARCEL 1
BOOK 54 PAGE 32
PARCEL #005-045-40 LANY
LAKEPORT LP. DOC.
2004013960
PARCEL 2
APN: 005-045-30
LA MONICA, SAM
DOC. 2001R0023364
500 CUBIC FT
DETENTION
VOLUME
D AREA =
PAVING LEGEND:
TPM-3
Know what's below.
4
12-9-2014
NOTE:
REQUEST TO DEFER STREET AND UTILITY IMPROVEMENTS FOR
PARCELS 2, 3, AND 4.
PAVING LEGEND:
COUNTY OF LAKE
APN: 05-037-02
HEAVY DUTY AC
LIGHT DUTY AC
CITY STREET AC SECTION
TEMPORARY AC SECTION
OLOF
APN: 05-045-21
FIOLA
APN: 05-037-01
PARCEL 4
PROPOSED AREA = 1.361 AC.
PARCEL 3
PROPOSED AREA = 2.664 AC.
APN: 005-045-28
FUNDERBURG
ROBERT & AWTOINETTE
DOC. 20011007584
APN: 005-045-31
FUNDERBURG
ROBERT & AWTOINETTE
DOC. 20011007584
RIGHT-OF-WAY
INDUSTRIAL AVENUE
D
D
PARCEL 1
BOOK 54 PAGE 32
PARCEL #005-045-40 LANY
LAKEPORT LP. DOC.
2004013960
8
Attachment 4
PRELIMINARY
INDUSTRIAL AVENUE
IMPROVEMENTS
PARCEL 2
APN: 005-045-30
LA MONICA, SAM
DOC. 2001R0023364
AUTOZONE, INC.
PARCEL 2
PROPOSED AREA = 1.480 AC.
PARCEL 1
APN: 005-045-30
LA MONICA SAM
DOC. 2001R0023364
TPM-4
4
12-9-2014
Attachment 5
Attachment 6
465 CAMPBELL LN
395 CAMPBELL LN
Subject Property
Portion
of APN1825
005-045-30
S MAIN ST
337 CAMPBELL
LN
New zoning designation:
C-2 (Major Retail)
1800 S MAIN ST
1855 S MAIN ST
1875 S MAIN ST
McAtee Marine
1900 S MAIN ST
1950 PARALLEL DR
2011 S MAIN ST
2025 S MAIN ST
NO SCALE
EXHIBIT A
1930 S MAIN ST
Legend
Lakeport Parcels
2
26'-0"
23'-0"
13
13
6
12'-2"
12'-2"
1234
5
17
4'
8'
11
12
14
15
16
17 STONE VENEER
16'
13
15 3
1 2
13
13
13
23'-0"
21'-0"
3
3
21
22
6
12'-2"
AWN017n2
17
2'-6"
0'-0" F.F.
17
13 20 18
13
20 18
17
13
20
20 18
13
4'
8'
16'
13
2 COLOR SCHEDULE
15 13
13
1 2
23'-0"
21'-0"
BUILDING ELEVATIONS
Lakeport, CA 95453
Scale:
17
20
0'-0" F.F.
17
10
2'-6"
22
16
2'-6"
18 13 20
REVISIONS
AUTOZONE, INC.
123 South Front Street 1
3
Memphis, TN. 38103
4
2
901-495-8714
For Bidding & Contractor Information Contact:
F. W. Dodge Plan Room Tel. 615-884-1017
12 13 3
15
13
9 13
3
6
13
12'-2"
17
9
2'-6"
0'-0" F.F.
20
18 13 5
13
17
20 18
10
13
11 17
4'
8'
16'
13
21
15
26'-0"
13
13
15
2
23'-0"
21'-0"
13
16'-8"
3
12'-2"
12'-2"
16
17
17
4
2'-6"
0'-0" F.F.
09-24-13
18 20 13
1 / 8 " = 1 ' - 00
"
4'
8'
16'
22
18
13
20
13
10
10
20
9 18 14
7N2-LEFT
Attachment 7
CE1
Attachment 8
Attachment 9
Attachment 10
Attachment 11
CITY OF LAKEPORT
Community Development Department
225 Park Street
Lakeport, Ca 95453
RECITALS
WHEREAS, applicant/owner applied to the City of Lakeport (file number
PM 14-01/ZC 14-01/LLA 14-01/AR 14-11/VA 14-01/ER 14-01) for a Tentative Parcel
Map (PM 14-01) to create four (4) new parcels, a Zone Change (ZC 14-01) from I,
Industrial to C-2, Major Retail for proposed parcel 1, a Lot Line Adjustment (LLA
14-01) with 292 Industrial Avenue, and Architectural & Design Review (AR 14-11)
of a proposed 7,842 square foot retail building on proposed parcel 1, and a
Variance (VA 14-01) to exceed the maximum amount of signage permitted by
an additional 85 square feet on property located at 301 and 401 Industrial
Avenue, also known as APNs 005-045-29 & -30(hereinafter Lakeport AutoZone
Project); and
WHEREAS, on December 9, 2015, the Lakeport Planning Commission
reviewed and approved the Lakeport AutoZone Project subject to the following
conditions:
1.
All new exterior lighting serving the new buildings and related parking,
driveway and pedestrian areas shall be shielded, provided with property
line cut-offs, and/or downlit so as to eliminate glare-related impacts to
adjacent properties or the public right-of-way. Details and specifications
regarding the proposed building-mounted and parking lot lighting shall be
included in the building permit application package.
2.
The parking lot light standards should not exceed a height of 18 feet if
determined to be possible without detrimentally affecting the sites security
and illumination requirements. In no case shall the height of the light
standards exceed a height of 25 feet.
3.
Lakeport AutoZone
301 & 401 Industrial Avenue
4.
Metal or other similar type awning structures shall be provided over the
three doors on the west side of the north faade of the proposed building
to be constructed on Parcel 1.
5.
6.
All parking areas, driveways, shoulders, walkways and other areas subject
to vehicular and pedestrian traffic associated with Parcel 1 shall be paved
with asphaltic concrete or standard concrete and maintained to limit dust.
Paving shall occur prior to occupancy to minimize dust emissions. Access to
exposed serpentine surfaces shall be restricted by fencing or other barriers
until the surface is adequately covered by non-asbestos material. Access
to other areas should be limited to authorized vehicles prior to paving unless
the traveled surfaces are well maintained with adequate cover and
watered regularly to prevent visible dust. A gate or fence may be required
to limit public access onto the site should active project work be suspended
and the unfinished project has the potential to generate fugitive dust or
create nuisance conditions.
7.
8.
9.
10.
Lakeport AutoZone
301 & 401 Industrial Avenue
A note shall be placed on the final map indicating a 20 setback from the
open drainage channel traversing proposed parcel 3 and the pond
adjacent to the southeastern property boundary of proposed parcel 3. No
development or disturbance shall occur within this required setback area
unless a biological survey and environmental review under CEQA is
completed.
12.
Project approval shall not become effective, operative, vested or final until
the California Department of Fish and Game filing fee required or
authorized by Section 711.4 of the Fish and Game Code is submitted. Said
fee shall be paid within 30 days of project approval by the City of Lakeport
Planning Commission.
13.
14.
Either a A Native American monitor with the Big Valley Rancheria Band of
Pomo Indians Tribal Historic Preservation Office and/or a qualified
archaeologist shall be present during excavation and removal of ground
materials beyond 18 inches below existing ground level.
15.
16.
If human remains are discovered, all work must immediately cease, and the
local coroner must be contacted. Should the remains prove to be of
cultural significance, the Native American Heritage Commission in
Sacramento, California, must be contacted, with notification of most likely
descendants. Work may resume outside of the burial location with
concurrence from the Big Valley Rancheria Band of Pomo Indians Historic
Preservation Officer, qualified archaeologist and the project manager.
Lakeport AutoZone
301 & 401 Industrial Avenue
17.
18.
19.
20.
21.
22.
The drainage on the north side of Industrial Avenue traditionally flows north
to the inlet just south of Campbell Lane. The applicant/owner/developer
shall maintain this drainage pattern. It is acceptable to the City of Lakeport
to drain the north side of Industrial Avenue, both existing and newly
developed, by gutter flow into the existing curb and gutter on the west side
of South Main Street. If necessary to drain the private property on the
northwest corner of the intersection, a through curb drain (with sediment
basin) may be provided.
23.
The drainage on the south side of Industrial Avenue traditionally flows south
to
the
inlet
near
the
southern
property
line.
The
applicant/owner/developer shall maintain this drainage pattern. The new
storm drain line shall be moved from the southbound lane of South Main
Street to the new drainage easement to the west of the development with
an inlet located in the curb and gutter with an area drain in the lot to the
Lakeport AutoZone
301 & 401 Industrial Avenue
southwest. This storm drain pipe shall be connected to the existing 48 CMP
using a full concrete drainage structure with a manhole lid access.
24.
25.
26.
27.
28.
29.
All on-site stormwater catch basins should be provided with a 1 foot sump
for sediment removal and related maintenance.
30.
Lakeport AutoZone
301 & 401 Industrial Avenue
32.
33.
34.
35.
The applicant/owner/developer shall pay the fire mitigation fee of $1.00 per
square foot for all covered construction to the Lakeport Fire Protection
District prior to the issuance of a development permit.
36.
37.
38.
39.
Lakeport AutoZone
301 & 401 Industrial Avenue
fronting proposed Parcel 4 and remove including the curb return to the
existing sidewalk conform on South Main Street as shown on the tentative
parcel map dated May 19, 2015. Maintain eExisting handicap ramp and
curb, gutter and sidewalk improvements and maintain existing
asphalt/concrete swale at the edge of the existing roadway shall be
maintained. Industrial Avenue shall be constructed, as shown on the Parcel
Map, to the edge of the proposed gutter lip and between this point and
the existing asphalt/concrete swale the applicant/owner/developer shall
grind and replace 3 of asphalt/concrete. A minimum of 1% slope shall be
maintained along the proposed gutter lip and existing asphalt/concrete
swale to facilitate drainage.
40.
41.
42.
43.
The legal description for Parcels 3 and 4 shall include a 20 wide Public Utility
Easement for the sewer main and drainage that extends through the
parcel. The sewer main shall be located in the center of the easement.
Said easement shall also be depicted on the final map.
44.
45.
Lakeport AutoZone
301 & 401 Industrial Avenue
46.
47.
48.
49.
50.
51.
52.
53.
The new buildings and all site improvements, including the parking lot,
landscaping, storm drainage improvements, right-of-way improvements
and other project components shall be completed prior to the issuance of
an occupancy permit by the City.
54.
Lakeport AutoZone
301 & 401 Industrial Avenue
All site signage, including entry signage, parking lot, ancillary, and all other
signs shall conform to the City of Lakeport Sign Ordinance, Resolutions, and
Interpretations.
56.
All exposed metal, pipes, trim, flashing, vents, etc. shall be painted to
complement the building or coated to eliminate glare impacts.
57.
58.
59.
60.
61.
62.
Lakeport AutoZone
301 & 401 Industrial Avenue
Said security shall include bond, cash deposit, letter of credit, or other form
of security as approved by the Lakeport City Attorney.
63.
All existing and proposed electric and communication service laterals and
poles serving the subject property and proposed new parcels, including
telephone, cable television and internet, shall be relocated or installed
underground.
The applicant/owner/developer shall provide a plan
detailing the provision of electrical, street light installation at the intersection
of Industrial Avenue and South Main Street, telephone, cable television and
internet services. Said plan shall be reviewed and approved by the City
Engineer.
64.
65.
66.
The application/owner shall provide the City with new legal descriptions for
each of the subject parcels involved in the lot line adjustment. The legal
descriptions shall be prepared and stamped by a registered land surveyor
or civil engineer and shall be reviewed and approved by the City prior to
being recorded by the County. The cost for the Citys contract surveyors
review of the legal descriptions shall be paid by the applicant/owner(s).
67.
The applicant/owner(s) shall pay the estimated property taxes for the
adjusted parcels, including advance taxes for the next fiscal year, as
required by the County Tax Collectors Office prior to the recordation of the
lot line adjustment.
68.
The applicant/owner(s) shall provide updated Title Reports (not older than
six months at time of submittal) for each affected property. If necessary,
the applicant/owners(s) shall obtain consent of lienholders prior to
recordation of the lot line adjustment on a form provided by the City of
Lakeport.
69.
That the applicant/owner has read and agrees to each and every item
and condition herein.
Lakeport AutoZone
301 & 401 Industrial Avenue
10
2.
That the development and use of the real property described herein shall
conform to the conditions listed above and all City of Lakeport Ordinances
and Resolutions where applicable.
3.
APPLICANT/DEVELOPER
APPLICANT/OWNER
____________________________
SIGNATURE- Mitch Bramlitt /
AutoZone
____________________________
SIGNATURE Sam LaMonica
____________________________
DATE
____________________________
DATE
Lakeport AutoZone
301 & 401 Industrial Avenue
11
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Downtown Improvement Project Phase II Design Contract
Amendment No. 1
SUBMITTED BY:
MEETING DATE:
01/05/2016
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Page 1
could provide several design elements directly rather than doubling up effort between the design team and City
staff. Preparation of contract specifications is a prime example. Each of these different approaches will be
discussed in detail.
The City has reviewed the consultant contract costs to date and scope necessary for completion of the project.
This report provides details regarding the changes in scope as the work has progressed and the costs to
complete the design.
It is important to note that skipping important steps during design to save money often results in expenditure
of large portions of the project construction contingency to correct or address issues during construction.
Money is far better spent during design to prevent foreseeable problems rather than wait until they develop
during construction.
City Provided Design Tasks
City staff will provide several items which they are most familiar or have prior information. These include
providing the pavement design, assisting in cost estimating, reduction in City Council meeting attendance, and
preparation of the final contract specifications and estimates, handling project bidding and answering bid
inquiries.
The budget cost savings due to shifting of these activities to the City is a credit of $20,219.
ADA Access to Businesses
The original scope of work included matching the entrances to businesses at the back of the sidewalk at the
building fronts. This approach would leave many businesses with non-compliant access to their inset front
doors due to excessive slopes between the current back of sidewalk and the doorways. This would leave
individual building owners with the responsibility and cost of upgrading to current ADA standards in the future.
With the new City sidewalk at the current elevation, the building owner would have to make the entire
correction within the building footprint. This method is costly both from an initial construction cost but also
from lost building space consumed solely by ADA access.
The alternative approach taken by the design team, at the direction of City staff is to, as much as possible,
provide full ADA compliant access to all of the building entrances. This was a time consuming, reiterative
process by the design team to balance sidewalk slopes and gutter drainage slopes. Several techniques were
used to achieve this objective including using greater than 2 percent slopes outside of the designated ADA
pathway within the sidewalk area, varying curb face between and 4 and 7 inches, and in three locations,
providing a differential sidewalk segment to elevated doorways. The result is that all of the businesses with the
exception of one will have compliant ADA entrances. This process has resulted in a design that provides current
code compliant ADA access to all of the down town businesses involved in the project. This approach adds
enormous value to the downtown overall, but also to each building owner and commercial client.
It is also important to note that this emphasis on provide ADA access significantly reduces the liability of both
business owners and the City for non-compliance suits by citizens. The cost of this additional effort is $48,432.
Support Services, Support Documents and Coordination
As detailed above, the design team has and is meeting with City staff on a weekly or more often basis to discuss
progress, obtain progress review documents and then provide feedback relative to design details. Such
apparently simple things as location of tree wells has taken several iterations to establish a consensus of design
team and City staff. Though most of these meeting are held at the design teams office, it still encompasses
several primary staff hours each week. Other details include investigation the exact location of existing utility
services, deciding on replacement locations and types, and the effect of the locations on other project
Meeting Date: January 5, 2016
Page 2
amenities. Much of this additional work is ongoing and is necessary to refine the design and reduce
construction contingencies. The consultant is requesting $14,868 for the anticipated cost to complete the
enhanced work effort of design, particularly regarding utilities. Staff recognizes that the proposed design
changes will increase the need for additional support services beyond what was originally budgeted. However,
staff is recommending that an increase of $7,434 (50% of the request) will be adequate to address the needs for
additional support services, documentation and coordination.
Street Lighting Upgrades
Intersection Lighting: In reviewing the project lighting scope of work, the electrical design consultant noted that
the intersection lighting does not comply with current code requirements. For the intersection lighting analysis,
and design, the additional fee will be $1,980.
LED Lighting Upgrades: There is significant potential for annual electrical cost savings by retrofitting the existing
lights with LED type bulbs. The cost to investigate and design the LED upgrades $2,270
Modify Lighting/Light Pole Receptacles north of 3th Street: The street lights/light pole receptacles north of 3th
street operate differently than those south of 4th Street. South of 3th street, the receptacles are controlled by
the street light photo cell controllers. The receptacles are turned on and off with the street lights.
The receptacles north of 4th street are on 24 hours a day and cannot be turned off by City staff. If any lighting
utilizes this power source, the lighting is on 24 hours a day until removed.
The City staff would like the street light receptacles north of 3th street to be modified to operate in the same
manner as those south of 4th Street.
The cost to investigate what changes are required and to provide a cost estimate for the work is $3,885. The
cost to prepare the design if work is approved for the contract is $2,862. The total cost for this work item is
$6,457.
Provide Power at Each Street Tree: The City desires to investigate, and if costs allow, include providing a
receptacle under the grate of each street tree to power lighting of the trees. The fee to investigate the cost of
this work is $1,091. The fee to provide the design for the street tree receptacles is $4,435. The total fee for this
work is $5,526.
Design Services during Construction
The City will be providing construction management during the project including inspection. City staff is
requesting a budget be set aside for the project designer to provide consultation during the construction
process. The project designers have key information regarding the design that can affect construction decisions.
Anticipated minimum effort in this regard is attendance at the pre-bid meeting, answering technical bid
inquiries, attendance at the pre-construction conference, technical submittal reviews and consultation as
requested by City staff during construction. It is requested that a budget allowance of $15,000 be provided for
this item with services to be provided on a as requested basis by City staff.
Page 3
Cost Summary
Original Agreement Fee
$164,835
Amendment 1
Credits for City Supplied Design Elements
Additional ADA Design
Additional Support, Service and Consultation
Intersection Lighting
LED analysis
th
Modify Street Light Receptacles n/o 3
Include Street Tree Receptacles
Design Services during Construction
Total Amendment 1
<$20,219>
$48,651
$7,434
$ 2,490
$ 2,270
$ 6,747
$ 5,526
$15,000
$67,899
$232,734
Budget Analysis
The total project budget is $2,592,299 and is composed of three funding elements: The Redevelopment Funds
($1,967,128), Water Enterprise Fund ($254,946) and Sewer Enterprise Fund ($370,225). This includes design,
contingencies, and construction management. It does not include any City administrative fee. The construction
portion of this budget is $2,044,931. The design cost, including amendment 1, equals a design percentage fee of
11.4 percent. Without the construction services portion of the amendment, the percentage is 10.6 percent. This
is well within range of design costs for similarly complex projects.
OPTIONS:
1. Review and consider the proposed addition of supplemental design services for the Downtown
Improvement Project Phase II and authorize the City Manager to sign Contract Amendment No. 1 with
Crawford and Associates, Inc. consistent with the Councils recommendations.
2. Request additional project information from City staff and/or the consulting project engineer.
FISCAL IMPACT:
None
$67,899
Budgeted Item?
Yes
General Fund
No
Yes
No
Water OM Fund
Sewer OM Fund
Other: RDA
Comments: Proposed increase to project design costs are well within planned contingencies for the project and
will not result in the need for additional monies from the General Fund. Proposed costs associated with the
Water and Sewer Enterprise Funds are not currently budgeted and will need to be adjusted as part of the midyear budget review.
SUGGESTED MOTIONS:
Move to authorize the City Manager to sign the Contract Amendment No. 1 for the Downtown Improvement
Project Phase II to include the proposed addition of supplemental design services consistent with the City
Councils recommendations.
Attachments:
Page 4
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Adoption of Ordinances Related to the City Clerk and Finance
Director
SUBMITTED BY:
MEETING DATE:
01/05/2016
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Budgeted Item?
Yes
General Fund
No
Yes
No
Water OM Fund
Sewer OM Fund
Other:
Comments:
Meeting Date: 01/05/2016
Page 1
SUGGESTED MOTIONS:
Move to introduce the proposed ordinance adopting Section 2.14 of Title 2 of the Lakeport Municipal Code
regarding the City Finance Director and set a public hearing for adoption of the ordinance on January 19, 2016.
Move to introduce the proposed ordinance amending Chapter 2.12 of Title 2 of the Lakeport Municipal Code
regarding the City Clerk and set a public hearing for adoption of the ordinance on January 19, 2016.
Attachments:
Page 2
Chapter 2.14 City Finance Director of Title 2 of the Lakeport Municipal Code is hereby
adopted to read as follows:
Chapter 2.14
CITY FINANCE DIRECTOR
Sections:
2.14.010
2.14.020
2.14.030
Office created.
Powers and duties.
Surety bond
2.14.010
Office created.
The finance director of the city shall be appointed by the city manager and serve at the
pleasure of the city manager. The finance director shall be qualified by training and experience
to perform the duties of the office.
2.14.020
Powers and duties.
The finance director shall be the head of the finance department of the city, and shall have the
power and shall be required to:
A.
B.
C.
Maintain a general accounting system for the city and each of its officers, departments
and agencies;
D.
Supervise and be responsible for the disbursement of all moneys and audit of all
expenditures to insure that budget appropriations are not exceeded;
E.
Audit all purchase orders before issuance to insure that sufficient funds are
appropriated and available;
158103.2
F.
Audit and approve before payment of bills, invoices, payrolls, demands or charges
against the city and with advice of the city attorney, when necessary, determine the regularity,
legality and correctness of such claims, demands or charges;
G.
Prepare and submit to the city council periodically a register of audited demands with
the finance directors affidavit attached thereto as provided in the Government Code;
H.
Submit to the city council periodic statements of all receipts and disbursements in
sufficient detail to show the exact financial condition of the city;
I.
At of the end of each fiscal year, submit a complete financial statement and report;
J.
Supervise the keeping of current inventories of all property of the city by all city
departments, offices and agencies;
K.
Perform all the financial and accounting duties which would be imposed upon the city
clerk in the absence of this chapter, and the city clerk shall be relieved of such duties, including
all such duties imposed upon the city clerk by Government Code sections 40802 to 40805;
L.
Perform all duties that are imposed upon the finance director by this Code or by other
law; and
M.
Perform such other duties as may be imposed upon the finance director by this Code,
other law, or the appointing authority acting in a manner authorized by this Code or other law.
2.14.030
Surety bond.
The finance director of the city shall acquire a surety bond to be approved by the city council,
such bond to be conditioned on the faithful performance of the finance directors duties. The
bond premium shall be paid by the city.
SECTION 2. Severability. Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 3. CEQA. This ordinance is not a project subject to the California Environmental
Quality Act (CEQA). Project does not include general policy and procedure making or
[o]rganizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment pursuant to CEQA Guidelines 15378(b). In
addition, this ordinance is exempt from CEQA because it does not apply to the modification,
structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies
158103.2
that are not designed to increase services or expand a system pursuant to CEQA Guidelines
15273.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as
provided by Government Code section 36937.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to Government
Code section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the fifth day of January,
2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
FINAL PASSAGE AND ADOPTION by the City Council occurred at a regular meeting thereof held
on the 19th day of January, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
___________________________
MARC SPILLMAN, Mayor
ATTEST:
____________________________________
KELLY BUENDIA, Acting City Clerk
158103.2
Chapter 2.12 City Clerk of Title 2 of the Lakeport Municipal Code is hereby repealed in its
entirety and replaced with the following:
Chapter 2.12
CITY CLERK
Sections:
2.12.010
2.12.020
2.12.030
2.12.040
2.12.050
2.12.060
Office created.
Powers and duties.
Deputies.
Transfer of duties Financial and accounting.
Competitive service.
Surety bond.
2.12.010
Office created.
The city clerk of the city shall be appointed by the city manager and serve at the pleasure of the
city manager. The city clerk shall be qualified by training and experience to perform the duties
of the office. The duties and responsibilities of the city treasurer are transferred to the office of
the city clerk.
2.12.020
Powers and duties.
The city clerk shall:
A.
Keep record of proceedings. Maintain and preserve the minutes and records of the
proceedings of the city council and all council committees, boards and commissions in
accordance with the general laws of the State of California.
B.
Record ordinances and resolutions. Record in full, uniformly and permanently, all
ordinances and resolutions of the city and be the legal custodian of the same. This shall include
the vote thereon and the notice of publication or posting.
C.
Publish all legal notices. The city clerk shall publish all legal notices as required by law or
ordinance.
158057.3
D.
Attend city council meetings. Attend in person or by designee all city council meetings in
their entirety for the purpose of making and keeping an accurate record of the proceedings.
E.
Conduct local elections and keep election records. The city clerk shall keep and maintain
all election records and have custody of all property used in connection with elections.
F.
Maintain city seal. The city clerk shall have custody of the seal of the city and affix it to
such documents as may be required and authorized by law.
G.
Publication of list of appointments of all ongoing boards, commissions and committees.
The city council requires that the city clerk make the annual publication by December 31 of
each year of the local appointment list (Maddy Act).
H.
Oaths, affidavits, depositions and acknowledgments. The city clerk and the city clerks
designee may administer oaths or affirmations and take and certify affidavits and depositions
pertaining to city affairs and business which may be used in any court or proceedings in the
state. The acknowledgment of an instrument may be made before a city clerk and the city
clerks designee within the city in which the city clerk was appointed.
I.
Receipt of claims against the city. The city clerk shall receive all claims, amendments
thereto, or applications for leave to present late claims against the city.
J.
Additional duties. The city clerk shall perform such additional duties as are prescribed by
ordinance.
2.12.030
Deputies.
The city clerk may appoint deputies and may delegate such duties and responsibilities as are
deemed appropriate to any deputy appointed thereby, subject to the prior approval of the city
manager. The deputies shall hold office at the pleasure of the city manager and receive such
compensation as is provided by the city council.
2.12.040
Transfer of duties Financial and accounting.
The financial and accounting duties imposed upon the city clerk by Sections 40802 through
40805, inclusive, of the Government Code, are transferred to the city finance director as such
office has been created and established and the powers and duties thereof defined by
ordinance.
2.12.050
Competitive service.
The city clerk shall be in the competitive service of the city subject to all rules and policies as
established by the city council.
158057.3
2.12.060
Surety bond.
The city clerk shall acquire a surety bond to be approved by the city council, such bond to be
conditioned on the faithful performance of the city clerks duties. The bond premium shall be
paid by the city.
SECTION 2. Severability. Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
SECTION 3. CEQA. This ordinance is not a project subject to the California Environmental
Quality Act (CEQA). Project does not include general policy and procedure making or
[o]rganizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment pursuant to CEQA Guidelines 15378(b). In
addition, this ordinance is exempt from CEQA because it does not apply to the modification,
structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies
that are not designed to increase services or expand a system pursuant to CEQA Guidelines
15273.
SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as
provided by Government Code section 36937.
SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall give notice of its adoption as required by law. Pursuant to Government
Code section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the fifth day of January,
2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINING:
FINAL PASSAGE AND ADOPTION by the City Council occurred at a meeting thereof held on the
19th day of January, 2016, by the following vote:
158057.3
AYES:
NOES:
ABSENT:
ABSTAINING:
___________________________
MARC SPILLMAN, Mayor
ATTEST:
____________________________________
KELLY BUENDIA, Acting City Clerk
158057.3
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Park Restroom Bid Award
SUBMITTED BY:
MEETING DATE:
1/5/2016
PURPOSE OF REPORT:
Information only
Discussion
Action Item
Page 1
If bid number two (Carson Double Wet model) is selected approximately $39,000 of general fund money will
need to be appropriated for the project.
FISCAL IMPACT:
None
Up to $119,180
Yes
General Fund
Budgeted Item?
No
Yes
No
Water OM Fund
Sewer OM Fund
Other:
Comments: $80,825.00 is from HCD Park Grant funds and the remaining amount from the General Fund.
Account 110-3030-990.000 adjusted for the appropriation accordingly for a total estimated cost of up to
$119,180, depending on Council bid selection.
SUGGESTED MOTIONS:
Move to authorize the City Manager to sign a purchase order for the replacement of the Fifth Street Restroom
to (CXT Option 1/Option 2) - (StructureCast) for the bid amount of ($61,104.64 / $89,325.10 / $119,180) and to
approve a budget adjustment in that amount with recognition of grant proceeds from the Department of
Housing and Community Development (HCD) Park Grant of $80,825.00.
Attachments:
Page 2
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