Lake County Meetings — interactive archive

Planning Commission — Thursday, May 26, 2022

9:00 AM · Board Chambers

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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
4a.Consideration of the adoption of Assembly Bill 361 Findings Authorizing Teleconference Meetings during a State of Emergency. Action Item
4b.Approval of Minutes from the May 12, 2022 Planning Commission Meeting. Action Item
5.Public Input
6.Timed Items - Public Hearings
6a.9:05 a.m. - Public Hearing on Consideration of Major Use Permit Extension (UPX 22 90-1), for a Billboard originally approved through MAJOR USE PERMIT (UP 93-31), and consider Categorical Exemption (CE 22-28), per CEQA* section 15301. The applicant, TRUDY LAMONICA (LAMONICA SIGNS), is proposing a five year extension for an existing billboard. The project is evaluated for being in accordance with Lake County General Plan, the Lakeport Area Plan, and the Lake County Zoning Ordinance Article 45, Part 45.22, Signs and Billboards; Article 20, C3 Service Commercial Zone; Article 60, Expiration, Revocation, or Modification of Permits and Reapplication, Part 60.1(b) and (c); 51.4, Major Use Permits – Required Findings for Approval. The project is located at 2595 S. Main Street, Lakeport, CA; and further described as APN: 005-053-20. Public Hearing
Staff memo

Date: May 26, 2022 · To: Planning Commission · From: Mary Darby, Community Development Director Eric Porter, Associate Planner

RE: LaMonica Outdoor Advertising; Extension of Time for a Billboard to extend Use Permit 93-31 for a period of Five Years File no. UPX 22-01 and CE 22-28 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Map (aerial photo) 3. Existing Use Permit 11-03 Conditions 4. Revised Conditions 5. Photos I. EXECUTIVE SUMMARY The applicant is requesting approval of an extension to a 1993 Use Permit for a billboard. Previous extensions have been granted through files no. UP 06-03; UP 11-03; UP 16-06. II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt Categorical Exemption, Class 1 (CE 22-28) for Use Permit Extension, UPX 22-01 with the following findings: 1. This time extension is for an existing use permit to allow continued use of an existing billboard for a period of five years beginning on May 26, 2022. 2. This project is consistent with CEQA Categorical Exemption, Class 1, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination 3. This project remains consistent with the Lake County General Plan, Lakeport Area Plan and the Lake County Zoning Ordinance. 4. There has been no changes to any applicable regulations which would create new significant environmental impacts. 5. This project is consistent with land uses in the vicinity. 6. This project will not result in any significant adverse environmental impacts. B. Approve Use Permit Extension of Time (UPX 22-01) for Use Permit, UP 93-31 with the following findings. 1. That there have been no changes to the requirements to establish a billboard in the C3 zoning district between the time of billboard approval and the date of this extension. 2. That there have been no changes to the billboard structure between the original approval date and the date of this extension. 3. That the billboard has been adequately maintained since its construction. 4. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. III. SAMPLE MOTIONS Categorical Exemption I move that the Planning Commission find that the Use Permit Extension, UPX 22-01 applied by LaMonica Signs on property located at 2595 S. Main Street, Lakeport, further described as APN: 005-053-20 is exempt from CEQA because it falls within Categorical Exemption Class 1 (file no. CE 22-28), based on the findings set forth in the Staff Report dated May 26, 2022. Use Permit Extension I move that the Planning Commission find that the Use Permit Extension, UPX 22-01 applied by LaMonica Signs on property located at 2595 S. Main Street, Lakeport, further described as APN: 005-053-20 does meet the requirements of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption, CE 22-28 which was adopted for this project and the Use Permit Extension, file number UPX 21-02, be granted and shall extend this use for a period of five years subject to the conditions and with the findings listed in the Staff Report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination
Original memo text
Memorandum ' ITEM #1 May 26, 2022 9:05 a.m. STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: May 26, 2022 RE: LaMonica Outdoor Advertising; Extension of Time for a Billboard to extend Use Permit 93-31 for a period of Five Years File no. UPX 22-01 and CE 22-28 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Map (aerial photo) 3. Existing Use Permit 11-03 Conditions 4. Revised Conditions 5. Photos I. EXECUTIVE SUMMARY The applicant is requesting approval of an extension to a 1993 Use Permit for a billboard. Previous extensions have been granted through files no. UP 06-03; UP 11-03; UP 16-06. II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt Categorical Exemption, Class 1 (CE 22-28) for Use Permit Extension, UPX 22-01 with the following findings: 1. This time extension is for an existing use permit to allow continued use of an existing billboard for a period of five years beginning on May 26, 2022. 2. This project is consistent with CEQA Categorical Exemption, Class 1, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination 3. This project remains consistent with the Lake County General Plan, Lakeport Area Plan and the Lake County Zoning Ordinance. 4. There has been no changes to any applicable regulations which would create new significant environmental impacts. 5. This project is consistent with land uses in the vicinity. 6. This project will not result in any significant adverse environmental impacts. B. Approve Use Permit Extension of Time (UPX 22-01) for Use Permit, UP 93-31 with the following findings. 1. That there have been no changes to the requirements to establish a billboard in the C3 zoning district between the time of billboard approval and the date of this extension. 2. That there have been no changes to the billboard structure between the original approval date and the date of this extension. 3. That the billboard has been adequately maintained since its construction. 4. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. III. SAMPLE MOTIONS Categorical Exemption I move that the Planning Commission find that the Use Permit Extension, UPX 22-01 applied by LaMonica Signs on property located at 2595 S. Main Street, Lakeport, further described as APN: 005-053-20 is exempt from CEQA because it falls within Categorical Exemption Class 1 (file no. CE 22-28), based on the findings set forth in the Staff Report dated May 26, 2022. Use Permit Extension I move that the Planning Commission find that the Use Permit Extension, UPX 22-01 applied by LaMonica Signs on property located at 2595 S. Main Street, Lakeport, further described as APN: 005-053-20 does meet the requirements of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption, CE 22-28 which was adopted for this project and the Use Permit Extension, file number UPX 21-02, be granted and shall extend this use for a period of five years subject to the conditions and with the findings listed in the Staff Report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination
6b.9:10 a.m. Public Hearing on Consideration of Major Use Permit UP 22-09 and that a determination has been made that this project required a Mitigated Negative Declaration to consider the adoption of an Initial Study IS 22-11. The applicant, NEW CINGULAR WIRELESS PCS, DBA AT&T MOBILITY – to consider to allow a 150’ tall lattice cell tower and support equipment within a 40’ x 45’ enclosed lease area. The proposed project is located at 16200 E. Highway 20, Clearlake Oaks, CA; APN: 010-020-29, and further described as APN: 010-020-29. Public Hearing
Staff memo

Date: May 26, 2022 · To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner

RE: New Cingular Wireless PCS, dba AT&T Mobility; Major Use Permit (UP 22-09), and Initial Study (IS 22-11) Location: 16200 E. Highway 20, Clearlake Oaks APN: 010-020-29. Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Site Plan, Access, and Grading Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Initial Study IS 22-11 6. Photo Simulations 7. Letter of Support - Emergency Service Provider I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for a new 150' tall cell tower on the subject site, along with an emergency backup generator and associated electrical equipment needed for the cell tower to function. This project is for a new single lattice tower that will be capable of allowing co-located facilities on it. This application includes: * One (1) 40'x 45' (1,800 sq. ft.) carrier lease area * One (1) new 150' (Co-locatable) tall lattice cell tower on concrete pads * Nine (9) panel antennas * One (1) microwave antenna * Nineteen (19) remote radio units (RRU's) * One (1) 8' x 8' walk in closet equipment shelter * One (1) 30KW emergency backup generator * One (1) 190-gallon UL142 rated generator fuel tank * 5.0' x 10.0' generator concrete pad * One (1) step down transformer on a 4'2" x 4'4" concrete pad * One (1) 3' x 5' U.G. Telco vault * Gravel bed throughout enclosure * Six (6) foot tall chain link fence around the 40' x 45' enclosure * One (1) 12' wide double gate for enclosure access * 1,421 feet of underground power and fiber-optic cables in 6' wide utility corridor * Improve existing access road with 20' wide access and utility route including all weather surface were needed The cell tower site is on a portion of the property that is relatively flat. There are high voltage lines located on the subject property. The tower site area is developed with a PG&E electrical tower and overhead lines, an access road, and ancillary equipment. Access to the facility will be from an existing gravel and dirt access road which begins at a newly improved frontage road (Almond Lane). The frontage road has direct access to Highway 20. The applicant proposes to improve the existing access road to be a 20' non-exclusive access and utility route beginning at the frontage road with an all-weather surface beginning approximately at the end of the existing gravel driveway up to the proposed tower site. A ten-foot wide minimum turnout will be added approximately halfway down the access road to comply with Cal Fire requirements. The proposed improvements would enhance the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, including emergency personnel. A technician parking area and emergency vehicle turnaround is proposed at the tower site. Cellular coverage maps show service gaps in the area and existing facilities are not meeting service needs associated with voice and increased wireless data needs. This project will provide additional facilities to meet service needs in the area. The additional facilities will also provide improved wireless communication service in emergencies to help protect public health, safety, and welfare. This facility will improve significant gaps in AT&T's service coverage in an area roughly bordered by Red Rock Road to the north, Old Long Valley Road and Highway 217 to the east, Highway 23 to the south and Morine Way and Highway 20 to the west. The facility will improve coverage to many homes in several neighborhoods, numerous businesses, a church, and other points of interest in the immediate vicinity. Construction Construction of the 150' tall cell tower is anticipated to take between one and two months. Staging of equipment will occur on the existing driveway (previously disturbed portion of the site). The existing access road will be improved to the tower site starting approximately at the end of the existing gravel road, and a ten foot-wide turnout will be added about half-way down this service road extension to comply with CalFire turnout spacing requirements. Estimated grading is approximately 3,068 cubic yards of cut, 2,697 cubic yards of fill, with an export of approximately 768 cubic yards. The estimated amount of earth to be moved would require a grading permit. The applicant will apply for a grading permit in the future after approval of this permit. The tower compound will be enclosed by a six-foot tall fence, and a technician parking and fire emergency turnaround area located adjacent tower enclosure. Construction will occur 5 days per week, from 7 am to 4 pm. Construction of the 40' x 45' level pad area would occur within a previously disturbed area, with minimal disturbance in adjacent native shrub land. The improvement of the existing gravel and dirt access as a 20' non-exclusive access and utility route between the tower site and the frontage road which the majority would occur within the existing access and small portions would occur within native shrub land. The 6' wide utility corridor for the underground power and fiber-optic cables will be in areas previously disturbed or planned for disturbance during implementation of other components of the project. The fenced enclosure will incorporate fiber rolls around the perimeter as an erosion control measure during and after construction. Operation Upon completion of construction, maintenance of carrier equipment (i.e., the equipment used by the cell tower service providers) will be necessary, meaning the site will be visited once or twice a month on an as needed basis by a service technician for each carrier for routine maintenance, unless there is an emergency. The tower will initially support one carrier but has the capability of supporting additional carriers through co-location. Technician parking and an emergency fire turnaround space adjacent to the compound is needed and used for maintenance activities. The site is entirely self-monitored and alerts personnel to any equipment malfunction or breach of security. Because the facility will be un-staffed, there will be no regular hours of operation and no change to existing traffic patterns. No on-site water or sanitation services will be required as a part of this proposal. The standby diesel generator will operate in the event of an emergency power outage and scheduled testing. Staff is recommending Approval with Conditions of UP 22-09 and Adoption of IS 22-11. AERIAL PHOTO OF SITE AND PROPERTY Source: Lake County GIS Mapping ENTRANCE ROAD TO TOWER SITE Source: Staff Photos of Site TOWER ELEVATIONS Source: Application Materials Submitted by Applicant OVERALL SITE PLAN Source: Application Materials Submitted by Applicant II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 22-11) for Use Permit (UP 22-09) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-7. 3. Potential environmental impacts related to biological resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-9. 4. Potential environmental impacts related to cultural resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2 and CUL-3. 5. Potential environmental impacts related to geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4. 6. Potential environmental impacts related to noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2 and NOI-3. 7. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 8. Any changes to the project will require an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential increased environmental impacts. B. Approve Use Permit UP 22-09 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. C. Approve the Wireless Communication Tower with the following findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 22-11) applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 16200 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 010-020-29 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 22-09) I move that the Planning Commission find that the Use Permit (UP 22-09) applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 16200 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 010-020-29 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. Wireless Communication Facility Approval I move that the Planning Commission find that the wireless communication facility applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 16200 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 010-020-29 does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.
Original memo text
Memorandum ( ' ITEM #2 May 26, 2022 9:10 AM April 8, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: May 26, 2022 RE: New Cingular Wireless PCS, dba AT&T Mobility; Major Use Permit (UP 22-09), and Initial Study (IS 22-11) Location: 16200 E. Highway 20, Clearlake Oaks APN: 010-020-29. Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Site Plan, Access, and Grading Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Initial Study IS 22-11 6. Photo Simulations 7. Letter of Support - Emergency Service Provider I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for a new 150' tall cell tower on the subject site, along with an emergency backup generator and associated electrical equipment needed for the cell tower to function. This project is for a new single lattice tower that will be capable of allowing co-located facilities on it. This application includes: * One (1) 40'x 45' (1,800 sq. ft.) carrier lease area * One (1) new 150' (Co-locatable) tall lattice cell tower on concrete pads * Nine (9) panel antennas * One (1) microwave antenna * Nineteen (19) remote radio units (RRU's) * One (1) 8' x 8' walk in closet equipment shelter * One (1) 30KW emergency backup generator * One (1) 190-gallon UL142 rated generator fuel tank * 5.0' x 10.0' generator concrete pad * One (1) step down transformer on a 4'2" x 4'4" concrete pad * One (1) 3' x 5' U.G. Telco vault * Gravel bed throughout enclosure * Six (6) foot tall chain link fence around the 40' x 45' enclosure * One (1) 12' wide double gate for enclosure access * 1,421 feet of underground power and fiber-optic cables in 6' wide utility corridor * Improve existing access road with 20' wide access and utility route including all weather surface were needed The cell tower site is on a portion of the property that is relatively flat. There are high voltage lines located on the subject property. The tower site area is developed with a PG&E electrical tower and overhead lines, an access road, and ancillary equipment. Access to the facility will be from an existing gravel and dirt access road which begins at a newly improved frontage road (Almond Lane). The frontage road has direct access to Highway 20. The applicant proposes to improve the existing access road to be a 20' non-exclusive access and utility route beginning at the frontage road with an all-weather surface beginning approximately at the end of the existing gravel driveway up to the proposed tower site. A ten-foot wide minimum turnout will be added approximately halfway down the access road to comply with Cal Fire requirements. The proposed improvements would enhance the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, including emergency personnel. A technician parking area and emergency vehicle turnaround is proposed at the tower site. Cellular coverage maps show service gaps in the area and existing facilities are not meeting service needs associated with voice and increased wireless data needs. This project will provide additional facilities to meet service needs in the area. The additional facilities will also provide improved wireless communication service in emergencies to help protect public health, safety, and welfare. This facility will improve significant gaps in AT&T's service coverage in an area roughly bordered by Red Rock Road to the north, Old Long Valley Road and Highway 217 to the east, Highway 23 to the south and Morine Way and Highway 20 to the west. The facility will improve coverage to many homes in several neighborhoods, numerous businesses, a church, and other points of interest in the immediate vicinity. Construction Construction of the 150' tall cell tower is anticipated to take between one and two months. Staging of equipment will occur on the existing driveway (previously disturbed portion of the site). The existing access road will be improved to the tower site starting approximately at the end of the existing gravel road, and a ten foot-wide turnout will be added about half-way down this service road extension to comply with CalFire turnout spacing requirements. Estimated grading is approximately 3,068 cubic yards of cut, 2,697 cubic yards of fill, with an export of approximately 768 cubic yards. The estimated amount of earth to be moved would require a grading permit. The applicant will apply for a grading permit in the future after approval of this permit. The tower compound will be enclosed by a six-foot tall fence, and a technician parking and fire emergency turnaround area located adjacent tower enclosure. Construction will occur 5 days per week, from 7 am to 4 pm. Construction of the 40' x 45' level pad area would occur within a previously disturbed area, with minimal disturbance in adjacent native shrub land. The improvement of the existing gravel and dirt access as a 20' non-exclusive access and utility route between the tower site and the frontage road which the majority would occur within the existing access and small portions would occur within native shrub land. The 6' wide utility corridor for the underground power and fiber-optic cables will be in areas previously disturbed or planned for disturbance during implementation of other components of the project. The fenced enclosure will incorporate fiber rolls around the perimeter as an erosion control measure during and after construction. Operation Upon completion of construction, maintenance of carrier equipment (i.e., the equipment used by the cell tower service providers) will be necessary, meaning the site will be visited once or twice a month on an as needed basis by a service technician for each carrier for routine maintenance, unless there is an emergency. The tower will initially support one carrier but has the capability of supporting additional carriers through co-location. Technician parking and an emergency fire turnaround space adjacent to the compound is needed and used for maintenance activities. The site is entirely self-monitored and alerts personnel to any equipment malfunction or breach of security. Because the facility will be un-staffed, there will be no regular hours of operation and no change to existing traffic patterns. No on-site water or sanitation services will be required as a part of this proposal. The standby diesel generator will operate in the event of an emergency power outage and scheduled testing. Staff is recommending Approval with Conditions of UP 22-09 and Adoption of IS 22-11. AERIAL PHOTO OF SITE AND PROPERTY Source: Lake County GIS Mapping ENTRANCE ROAD TO TOWER SITE Source: Staff Photos of Site TOWER ELEVATIONS Source: Application Materials Submitted by Applicant OVERALL SITE PLAN Source: Application Materials Submitted by Applicant II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 22-11) for Use Permit (UP 22-09) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-7. 3. Potential environmental impacts related to biological resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-9. 4. Potential environmental impacts related to cultural resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2 and CUL-3. 5. Potential environmental impacts related to geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4. 6. Potential environmental impacts related to noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2 and NOI-3. 7. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 8. Any changes to the project will require an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential increased environmental impacts. B. Approve Use Permit UP 22-09 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. C. Approve the Wireless Communication Tower with the following findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 22-11) applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 16200 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 010-020-29 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 22-09) I move that the Planning Commission find that the Use Permit (UP 22-09) applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 16200 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 010-020-29 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. Wireless Communication Facility Approval I move that the Planning Commission find that the wireless communication facility applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 16200 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 010-020-29 does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.
6c.9:15 a.m. Public Hearing on Consideration of Major Use Permit (UP 22-13) and to consider Categorical Exemption (CE 22-22), per CEQA section 15303(c). The applicant, RIPE CHOICE FARM (MARK & TAMMY LIPPS) is proposing convert a portion of his 5+ acre lot to accommodate special events. The property contains a 116 year-old farmhouse, and a 100 year old barn that has been recently remodeled. The buildings are not on a historic registry. The application material submitted states that there will be between 1 and 2 events per month for up to 8 months per year; that the site can accommodate up to 75 cars and the events could have up to 100 people attending. The application states that there may be amplified music inside the barn for some events, and that the farmhouse, which contains a commercial kitchen, can supply food for the events (cater the events). The project is evaluated for being in accordance with Lake County General Plan, the Lakeport Area Plan, and the Lake County Zoning Ordinance Article 5, Agriculture Zoning District; Article 51.4, Major Use Permits – Required Findings for Approval, Article 41, Performance Standards, Lighting, and Article 46, Parking The project is located at The project is located at 2550 Soda Bay Road, Lakeport, CA; and further described as APN: 008-010-46. Public Hearing
Staff memo

Date: May 26, 2022 · To: Planning Commission · From: Mary V. Darby, Director, Community Development Department Prepared by: Eric Porter, Associate Planner

RE: The Ripe Choice Farm, UP 22-13 and CE 22-22 Location: 2550 Soda Bay Road, Lakeport APN: 008-010-46 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Photos of Barn Interior provided by Applicant 6. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit to convert a portion of his 5+ acre lot to accommodate special events. The property contains a 116 year-old farmhouse, and a 100 year old barn that has been recently remodeled. The buildings are not on a historic registry. The application material submitted states that there will be between 1 and 2 events per month for up to 8 months per year; that the site can accommodate up to 75 cars and the events could have up to 100 people attending. The application states that there may be amplified music inside the barn for some events, and that the farmhouse, which contains a commercial kitchen, can supply food for the events (cater the events). Alcoholic beverages could be served, but each group renting the facility would need to coordinate with the California Dept. of Alcoholic Beverage Control to obtain event licenses. The barn contains an ADA restroom. ZONING MAP OF SITE AND SURROUNDING AREA Source: Lake County GIS Mapping AERIAL PHOTO OF SITE AND VICINITY Source: Google Earth Pro Staff is recommending Approval with Conditions of UP 22-13 and adoption of Categorical Exemption CE 22-22. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt Categorical Exemption (CE 22-22) for Major Use Permit (UP 22-13) with the following findings: 1. This project will not result in significant environmental impacts as the proposed use involves existing buildings that have historically been used for event venues, and no new development is proposed. 2. Any changes to the project will require either an amended Use Permit and/or a new Use Permit unless the Community Development Director determines that any changes have no potential increased environmental impacts. B. Approve Major Use Permit UP 22-13 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for with the change to the license type described herein will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and the Lakeport Area Plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property. Sample Motions: Categorical Exemption I move that the Planning Commission find that the Categorical Exemption (CE 22-22) applied for by Mark and Tammy Lipps on property located at 1550 Soda Bay Road, Lakeport, and further described as APN: 008-010-46 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 22-13) I move that the Planning Commission find that the Major Use Permit (UP 22-13) applied for by Mark and Tammy Lipps on property located at 1550 Soda Bay Road, Lakeport, and further described as APN: 008-010-46 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission's decision, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Planning Commission's final determination.
Original memo text
Memorandum (UP ' ITEM #3 May 26, 2022 9:15 a.m. STAFF REPORT TO: Planning Commission FROM: Mary V. Darby, Director, Community Development Department Prepared by: Eric Porter, Associate Planner DATE: May 26, 2022 RE: The Ripe Choice Farm, UP 22-13 and CE 22-22 Location: 2550 Soda Bay Road, Lakeport APN: 008-010-46 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Photos of Barn Interior provided by Applicant 6. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit to convert a portion of his 5+ acre lot to accommodate special events. The property contains a 116 year-old farmhouse, and a 100 year old barn that has been recently remodeled. The buildings are not on a historic registry. The application material submitted states that there will be between 1 and 2 events per month for up to 8 months per year; that the site can accommodate up to 75 cars and the events could have up to 100 people attending. The application states that there may be amplified music inside the barn for some events, and that the farmhouse, which contains a commercial kitchen, can supply food for the events (cater the events). Alcoholic beverages could be served, but each group renting the facility would need to coordinate with the California Dept. of Alcoholic Beverage Control to obtain event licenses. The barn contains an ADA restroom. ZONING MAP OF SITE AND SURROUNDING AREA Source: Lake County GIS Mapping AERIAL PHOTO OF SITE AND VICINITY Source: Google Earth Pro Staff is recommending Approval with Conditions of UP 22-13 and adoption of Categorical Exemption CE 22-22. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt Categorical Exemption (CE 22-22) for Major Use Permit (UP 22-13) with the following findings: 1. This project will not result in significant environmental impacts as the proposed use involves existing buildings that have historically been used for event venues, and no new development is proposed. 2. Any changes to the project will require either an amended Use Permit and/or a new Use Permit unless the Community Development Director determines that any changes have no potential increased environmental impacts. B. Approve Major Use Permit UP 22-13 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for with the change to the license type described herein will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and the Lakeport Area Plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property. Sample Motions: Categorical Exemption I move that the Planning Commission find that the Categorical Exemption (CE 22-22) applied for by Mark and Tammy Lipps on property located at 1550 Soda Bay Road, Lakeport, and further described as APN: 008-010-46 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 22-13) I move that the Planning Commission find that the Major Use Permit (UP 22-13) applied for by Mark and Tammy Lipps on property located at 1550 Soda Bay Road, Lakeport, and further described as APN: 008-010-46 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission's decision, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Planning Commission's final determination.
6d.9:20 a.m. Public Hearing on Consideration of Major Use Permit UP 19-19 and adoption of an Initial Study (IS 20-15) to satisfy the California Environmental Quality Act (CEQA) requirements related to potential environmental impacts The applicant, MOMBACHO MOUNTAIN ORGANICS, LLC (DAN WESTPHAL & KATHY MCGUIRE) to allow a major use permit for One (1) A-Type 3: “Outdoor” license: Outdoor cultivation for adult use cannabis without the use of light deprivation and/or artificial lighting in the canopy area at any point in time from 10,001 square feet to one acre, inclusive, of total canopy size per license on one premise; and a Type 13 “Distributor Transport Only, Self-Transport Distribution” license: The transport of cannabis goods between entities licensed pursuant to California Code. The project is located at 9205 Mombacho Road, Kelseyville, CA and 9261 Wildcat Road, Kelseyville, CA; further described as Assessor Parcel Numbers: 011-044-17 and 011-044-18. Public Hearing
Staff memo

To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: LACO Associates Planner: Andrew Amelung, Cannabis Program Manager

DATE OF REPORT: May 26, 2022 RE: Mombacho Mountain Organics, LLC * Major Use Permit (UP 19-19) * Initial Study (IS 19-34) District 5 Supervisor Jessica Pyska District 5 Planning Commissioner Maile Field ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Project Site Plans 4. Proposed Conditions of Approval 5. Initial Study/Mitigated Negative Declaration 6. Mitigation Monitoring Reporting Program (MMRP) 7. Hydrological Analysis/Drought Management Plan 8. Tribal and Agency Comments Received 9. Public Comments Received I. EXECUTIVE SUMMARY The applicant, Mombacho Mountain Organics, LLC (MMO) is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation located at 9205 Mombacho Road and 9261 Wildcat Road, Kelseyville, CA further described as assessor parcel numbers (APNs): 011-044-17 and 011-044-18. The combined project area is approximately 20 acres and is zoned "RR-B5" for Rural Residential - Special Lot Size/Density. The applicant's proposal includes the clustering of parcels as allowed by the County of Lake Zoning Ordinance, Article 27, Section 27.13(at).1.ii.(j). In total, MMO requests a total cultivation area of 48,004 square feet (sf) and a total cannabis canopy of 43,200 sf. The proposal includes the following (please see Proposed Site Plans attachment): * One (1) A - Type 3 "Outdoor" license consisting of 43,200 sf. of canopy and 48,004 sf of cultivation area * One (1) A-Type 13 "Self-Distribution" license * One (1) 24' X 96' steel frame greenhouse with six (6) - mil polyethylene/polycarbonate film covering (Item "H" on the Site Plans) to house immature cannabis plants * One (1) 50' X 50' (2,500 sf) processing building * One (1) 20' X 20' (400 sf) Pesticides & Agricultural Chemical Storage Area * Two (2) 5,000-gallon heavy-duty plastic water storage tanks or four (4) - 2,500-gallon heavy-duty plastic water storage tanks * One (1) 5,000-gallon, metal emergency fire water storage tank on a concrete slab, connected to a two-foot-high hydrant/fire valve equipped with 2.5-inch National Hose Male threaded and cap. The hydrant/fire valve will be located approximately six (6) feet to the north of the existing driveway and will be identified with a three inch or greater reflectorized blue marker mounted to a four (4) - foot tall metal post. * One (1) ADA accessible parking space and three (3) employee parking spaces. If additional parking is needed, the applicant proposes to install additional parking spaces. * Composting area * Refuse/trash area The subject parcels are located north of Mount Hannah, within the Cole Creek Watershed (HUC 12), and approximately six (6) miles southeast of Kelseyville, CA. The subject parcels are accessible via a private gravel access road/driveway that runs from east to west through the project parcels and connects to Wildcat Road (east) and Mombacho Road (west). The access is secured with the use of locking metal gates, which authorized personnel will have access to. The operation will not be open to the general public. According to the Property Management Plan, the water storage tanks will be equipped with float valves to shut off the flow of water from the well and prevent the overflow and runoff of irrigation water when full. HDPE water supply lines will gravity feed irrigation water from the water storage tanks to the irrigation systems of the cultivation area(s). Additionally, the cannabis operation will utilize unmarked utility van and/or enclosed trailer to transport cannabis from their cultivation operation to a licensed cannabis processing, distribution, and manufacturing facilities within the State of California. Access The project parcel is located in a rural area that is accessed by Mombacho Road that intersects Wildcat Road, approximately a half-mile south of the intersection of State Highway 175 and Wildcat Road Hydrology and Water Usage The project parcels are located within the Kelsey Creek-Clear Lake Watershed (HUC10) and the Cole Creek Sub-watershed (HUC12). An unnamed intermittent Class II watercourse and tributary to Cole Creek (NHD/DFG Water ID: 116953978), flows from the southwest to northeast through the southeastern corner of the Project Property, then along the eastern boundary of the property. The unnamed intermittent Class II watercourse flows into Cole Creek approximately 0.25 miles northeast of the proposed cultivation operation. Additionally, there is an ephemeral Class III watercourse that also flows from south to north along the eastern property line of the Project Property, before crossing under Wildcat Road and entering the previously mentioned intermittent Class II watercourse. The proposed cultivation operation will be located over 150 feet from any surface water bodies and top of bank of any creeks. Additionally, the applicant proposes Best Management Practices in accordance with Chapter 29 and 30 of the Lake County Code to protect all surrounding waterways. The subject site contains a permitted groundwater well that will be used as the primary water source for this project. According to a Water Well Drillers Report performed by the State of California Department of Water Resources, the onsite groundwater well was drilled in 1977 to a depth of 99 feet (screened between 75 and 99 feet) and has an estimated yield of 20 gallons per minute (well located at Latitude 38.90131� and Longitude -122.75927�). However, according to a well test report conducted on July 25, 2019, the report identified an average pump rate of 4.6-gallons per minute but had a recharge rate of 99.7% following a 2-hour shut-down period. According to the report, the difference in both the pumping and static levels recorded showed minimal change which suggests that there is little drawdown while the pump is in operation. The well which has been identified to produce 4.6-gallons per minute translates to approximately 2,419,366 gallons per year. According to the applicant, the cultivation season for the proposed cultivation operation will begin in April and end in November each year. The applicant proposes that the cultivation operation will require approximately 710,355-gallons per year (Please Note: Water usage may vary depending on weather conditions). Considering the applicant proposes to use 710,355-gallons per year, this translates to approximately 29% of the existing well's full capacity. All water supply lines will be equipped with safety valves, capable of shutting off the flow of water so that waste of water and runoff is prevented/minimized when leaks occur and the system needs repair, and inline water meters compliant with California Code of Regulations, Title 23, Division 3, Chapter 2.7. The applicant proposes to maintain daily water meter readings records for a minimum of five years, and will make those records available to Water Boards, CDFW, and Lake County staff upon request. The irrigation system of the existing/proposed cultivation area(s) are/will be composed of buried PVC piping, black poly tubing, with drip tapes/lines. Cumulative Water Analysis. The applicant has submitted a Hydrology Report, prepared by Realm Engineering and dated November 18, 2021. The Report estimates average daily water usage to be 6 gallons per plant; this is consistent with multiple reports that have been received and reviewed by Lake County. The report estimates total usage of between 3 and 4 acre-feet per year (approximately 1,000,000 gallons), or about 7,000 gallons per day. Groundwater Recharge. The Hydrology Report states that groundwater recharge is the replenishment of an aquifer with water from the land surface. It is usually expressed as an average rate of inches of water per year, similar to precipitation. Thus, the volume of recharge is the rate multiplied by the land area under consideration with the time period and is usually expressed in acre-ft per year. In addition to precipitation, other sources of recharge to an aquifer are stream and lake or pond seepage, irrigation return flow (both from canals and fields), inter-aquifer flows, and urban recharge (from water mains, septic tanks, sewers, and drainage ditches). For this site, the volcanic aquifer is considered to be unconfined. Drainage features that intersect and boarder the site have likely eroded through some of the overlying layers and are contributing to the recharge of the site's aquifer through the stream bottom. However, it is also likely that a portion of the rainwater falling directly on the site infiltrates the ground surface and migrates downward through the soil matrix until it recharges the aquifer. In addition, flow in the intermittent watercourses to the east and north of the Project Property may contribute to recharge of the aquifer near the site. To estimate the groundwater recharge at the site, we first must assume that the recharge to the aquifer is primarily through rainfall across the 20-acre Project Property (Lake County APNs 011-044-17 & 18). Therefore, the annual precipitation available for recharge onsite can initially be estimated using the following data and equation: 20 acres x 2.8 feet (Average Annual Precipitation for Lakeport, CA6) = 56 acre-feet Estimated Annual Precipitation Onsite = 56 acre-feet/year However, this estimate does not account for surface run-off, stream underflow, and evapotranspiration that occurs in all watersheds. According to the USGS, the long-term average precipitation that recharges groundwater in the northern California region is approximately 15 percent. Since the Project Property is covered in well-drained very gravelly loam soils and vegetation, we estimate that the long-term average precipitation that recharges groundwater within the entire site is near the regional average of 15%. With this data and the precipitation data presented above, we can estimate the groundwater recharge of the Project Property by using the following equation. 56 acre-feet/year (annual precipitation onsite) x 0.15 (long term average recharge) = 8.4 acre-feet/year Estimated Groundwater Recharge Based on the estimated average annual recharge to the aquifer of the Project Property (approximately 8.4 acre-feet/year) and the estimated annual water usage of the proposed cultivation operation (2.2 to 3.0 acre-feet/year), it appears that the MMO will have enough water to meet their demands without causing overdraft conditions. Impacts on Neighboring Wells. The Report states that the 'pumping influence area' is a 400-foot circular area with the well located at the center of this circle. This Area was determined following the November 4, 2021, pump test that was run on the well, and on the general relationships that exist between the on-site well and the neighboring wells in terms of usage, distance and so forth. The Report states that Lake County Environmental Health Department, who oversees wells within Lake County, has no evidence of wells on adjacent parcels and within the 400-foot diameter. The Report mentions an unnamed Class II seasonal drainage channel, and states that the unnamed intermittent Class II watercourse does not support aquatic habitat year-round and is typically dry by May/June of each year, when pumping of the onsite groundwater well for the proposed cultivation operation would reach potentially significant levels. Therefore, the potential for stream depletion as a result of the proposed onsite groundwater usage is not considered a concern to this assessment. Conclusions regarding Water. All water for the proposed cultivation operation will come from the existing onsite groundwater well located at Latitude: 38.90131� and Longitude: -122.75927�. The onsite groundwater well was drilled to a depth of 99 feet below ground surface (bgs) in April of 1977. A recent pump test performed in November of 2021, indicates that the onsite groundwater well can sustainably produce at least 9.8 gallons per minute. From the pump test data we can calculate a Specific Capacity of approximately 0.51 gpm/foot for the onsite groundwater well. The total estimated annual water use requirement for the proposed cultivation operation is between 720,000 and 990,000 gallons per year. Based on data from the recent pump test and the estimated water use requirement(s) for the proposed cultivation operation, it appears that the onsite groundwater well is a sufficient water source for the proposed cultivation operation. Based on the estimated average annual recharge to the aquifer of the Project Property (approximately 8.4 acre-feet/year) and the estimated annual water usage of the proposed cultivation operation (2.2 to 3.0 acre-feet/year), it appears that the aquifer storage and recharge area are sufficient to provide for sustainable annual water use at the site and on the Project Property. The calculated zone of pumping influence for the proposed cultivation operation extends approximately 400 feet from the onsite groundwater well. It does not appear that pumping for the proposed cultivation operation will impact neighboring wells, given the horizontal and vertical separations between the onsite groundwater well and neighboring wells. An unnamed intermittent Class II watercourse flows within 400 feet of the onsite groundwater well. However, the unnamed intermittent Class II watercourse does not support aquatic habitat year-round and is typically dry by May/June of each year, when pumping of the onsite groundwater well for the proposed cultivation operation would reach potentially significant levels. Therefore, the potential for stream depletion the proposed onsite groundwater usage is not considered a concern. Pesticides/Fertilizers & Hazardous Materials. According to the Property Management Plan, all chemicals will be stored and used for the cultivation operation which includes fertilizers/nutrients, pesticides, and petroleum products and chemical sanitation products necessary to maintain a sterile work environment inside the proposed processing facility. All fertilizers/nutrients and pesticides, when not in use, will be stored in their manufacturer's original containers/packaging, undercover, and at least 100 feet from surface water bodies inside the proposed Pesticides and Agricultural Chemicals Storage Area. Petroleum products will be stored under cover, in the State of California-approved containers with secondary containment and separate from pesticides and fertilizers within the existing onsite wooden garage. Sanitation products will be stored in their manufacturer's original containers/packaging within a secure cabinet inside the proposed Processing Facility. Spill containment and cleanup equipment will be maintained within the proposed Pesticides and Agricultural Chemicals Storage Area and the processing facility. No effluent is expected to be produced by the proposed cultivation operation. Hours of Operation. According to the Property Management Plan, cultivation related activities will occur from 8:00 AM to 6:00 PM. All gates will be locked and secured outside of core operating/business hours and when operation personnel are not present. Solid Waste Management. The types of solid waste that will be generated from the proposed cultivation operation include but are not limited to gardening materials and wastes (such as used plastic seedling pots and spent plastic fertilizer/pesticide bags and bottles) and general litter from staff/personnel. All solid waste will be stored in bins with secure fitting lids, located directly adjacent to the proposed outdoor cultivation/canopy area and Processing Facility. At no time will the bins be filled to a point that their lids cannot fit securely. Solid waste from the bins will be deposited into a trailer (dump trailer) and hauled away by project staff to a Lake County Integrated Waste Management facility, at least every seven (7) days/weekly. Additionally, all vegetative cannabis waste will be composted onsite. Composted cannabis waste will be used as an organic soil amendment within the cultivation operation. Site Maintenance & Run-off Control Measures. When not in use, all equipment will be stored in its proper designated area upon completion of the task for which the equipment was needed. Any refuse created during the workday will be placed in the proper waste disposal receptacle at the end of each shift, or at a minimum upon completion of the task assigned. Any refuse which poses a risk for contamination or personal injury will be disposed of immediately. All cultivation areas are/will be located at least 100 feet from the top of bank of any known perennial and/or season waterway. To control runoff, the operations will install runoff control features/Best Management Practices in accordance with Chapters 29 and 30 of the Lake County Code around the cultivation areas and roads and will be maintained for life of the project. Additionally, a minimum buffer of 100 feet of defensible space will be established and maintained around the proposed cultivation operation for fire protection and to ensure safe and sanitary working conditions. Areas of defensible space will be mowed and trimmed regularly around the cultivation operation to provide for visibility and security monitoring. The existing access roads and parking areas are/will be graveled to prevent the generation of fugitive dust, and vegetative ground cover will be preserved throughout the entire site to filter and infiltrate storm water runoff from the access roads, parking areas, and the proposed cultivation operation. Portable restroom facilities will be regularly serviced and made available for use whenever staff is onsite. Construction. The development of the project will consist of disturbing less than 500 cubic yards of soil (ground disturbance), which is allowed upon issuance of a building permit(s). All construction activities, including engine warm-up, will occur from 6:00am to 6:00pm Monday through Saturday and shall adhere to all noise requirement in the Lake County Code. Additionally, all equipment will be maintained and operated to all federal, state and local agency requirements to minimize spillage or leakage of hazardous materials. All equipment will be refueled in locations more than 100 feet from surface water bodies. Servicing of equipment will occur on an impermeable surface. Water from the approved onsite well will be used to mitigate the generation of dust during development, including operations. The overall construction of the project is anticipated to take three (3) to five (5) weeks to complete (weather dependent). Staff is recommending approval of Major Use Permit, UP 19-19 and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 19-34) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-34) for Major Use Permit (UP 19-19) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-8. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-9. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-8. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-2. 6. Potential hazards and hazardous materials impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-4. 7. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 9. Potential transportation impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRANS-1 through TRANS-2. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 12. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 13. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-19 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23, or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Mitigated Negative Declaration (IS 19-34) prepared for Mombacho Mountain Organics, LLC for the property located at 9205 Mombacho Road and 9261 Wildcat Road, Kelseyville, further described as APNs: 011-044-17 and 011-044-18 will not have a significant effect on the environment and therefore a determination of a Mitigated Negative Declaration with the accompanying Mitigation Monitoring and Reporting Program (MMRP) shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 19-19) I move that the Planning Commission find that Major Use Permit (UP 19-19) applied for by Mombacho Mountain Organics, LLC for the property located at 9205 Mombacho Road and 9261 Wildcat Road, Kelseyville, further described as APNs: 011-044-17 and 011-044-18 does meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii(g), I (ii)] of the Lake County Zoning Ordinance with the amended site plan and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.
Original memo text
Memorandum Item 4 9:20 AM May 26, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: LACO Associates Planner: Andrew Amelung, Cannabis Program Manager DATE OF REPORT: May 26, 2022 RE: Mombacho Mountain Organics, LLC * Major Use Permit (UP 19-19) * Initial Study (IS 19-34) District 5 Supervisor Jessica Pyska District 5 Planning Commissioner Maile Field ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Project Site Plans 4. Proposed Conditions of Approval 5. Initial Study/Mitigated Negative Declaration 6. Mitigation Monitoring Reporting Program (MMRP) 7. Hydrological Analysis/Drought Management Plan 8. Tribal and Agency Comments Received 9. Public Comments Received I. EXECUTIVE SUMMARY The applicant, Mombacho Mountain Organics, LLC (MMO) is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation located at 9205 Mombacho Road and 9261 Wildcat Road, Kelseyville, CA further described as assessor parcel numbers (APNs): 011-044-17 and 011-044-18. The combined project area is approximately 20 acres and is zoned "RR-B5" for Rural Residential - Special Lot Size/Density. The applicant's proposal includes the clustering of parcels as allowed by the County of Lake Zoning Ordinance, Article 27, Section 27.13(at).1.ii.(j). In total, MMO requests a total cultivation area of 48,004 square feet (sf) and a total cannabis canopy of 43,200 sf. The proposal includes the following (please see Proposed Site Plans attachment): * One (1) A - Type 3 "Outdoor" license consisting of 43,200 sf. of canopy and 48,004 sf of cultivation area * One (1) A-Type 13 "Self-Distribution" license * One (1) 24' X 96' steel frame greenhouse with six (6) - mil polyethylene/polycarbonate film covering (Item "H" on the Site Plans) to house immature cannabis plants * One (1) 50' X 50' (2,500 sf) processing building * One (1) 20' X 20' (400 sf) Pesticides & Agricultural Chemical Storage Area * Two (2) 5,000-gallon heavy-duty plastic water storage tanks or four (4) - 2,500-gallon heavy-duty plastic water storage tanks * One (1) 5,000-gallon, metal emergency fire water storage tank on a concrete slab, connected to a two-foot-high hydrant/fire valve equipped with 2.5-inch National Hose Male threaded and cap. The hydrant/fire valve will be located approximately six (6) feet to the north of the existing driveway and will be identified with a three inch or greater reflectorized blue marker mounted to a four (4) - foot tall metal post. * One (1) ADA accessible parking space and three (3) employee parking spaces. If additional parking is needed, the applicant proposes to install additional parking spaces. * Composting area * Refuse/trash area The subject parcels are located north of Mount Hannah, within the Cole Creek Watershed (HUC 12), and approximately six (6) miles southeast of Kelseyville, CA. The subject parcels are accessible via a private gravel access road/driveway that runs from east to west through the project parcels and connects to Wildcat Road (east) and Mombacho Road (west). The access is secured with the use of locking metal gates, which authorized personnel will have access to. The operation will not be open to the general public. According to the Property Management Plan, the water storage tanks will be equipped with float valves to shut off the flow of water from the well and prevent the overflow and runoff of irrigation water when full. HDPE water supply lines will gravity feed irrigation water from the water storage tanks to the irrigation systems of the cultivation area(s). Additionally, the cannabis operation will utilize unmarked utility van and/or enclosed trailer to transport cannabis from their cultivation operation to a licensed cannabis processing, distribution, and manufacturing facilities within the State of California. Access The project parcel is located in a rural area that is accessed by Mombacho Road that intersects Wildcat Road, approximately a half-mile south of the intersection of State Highway 175 and Wildcat Road Hydrology and Water Usage The project parcels are located within the Kelsey Creek-Clear Lake Watershed (HUC10) and the Cole Creek Sub-watershed (HUC12). An unnamed intermittent Class II watercourse and tributary to Cole Creek (NHD/DFG Water ID: 116953978), flows from the southwest to northeast through the southeastern corner of the Project Property, then along the eastern boundary of the property. The unnamed intermittent Class II watercourse flows into Cole Creek approximately 0.25 miles northeast of the proposed cultivation operation. Additionally, there is an ephemeral Class III watercourse that also flows from south to north along the eastern property line of the Project Property, before crossing under Wildcat Road and entering the previously mentioned intermittent Class II watercourse. The proposed cultivation operation will be located over 150 feet from any surface water bodies and top of bank of any creeks. Additionally, the applicant proposes Best Management Practices in accordance with Chapter 29 and 30 of the Lake County Code to protect all surrounding waterways. The subject site contains a permitted groundwater well that will be used as the primary water source for this project. According to a Water Well Drillers Report performed by the State of California Department of Water Resources, the onsite groundwater well was drilled in 1977 to a depth of 99 feet (screened between 75 and 99 feet) and has an estimated yield of 20 gallons per minute (well located at Latitude 38.90131� and Longitude -122.75927�). However, according to a well test report conducted on July 25, 2019, the report identified an average pump rate of 4.6-gallons per minute but had a recharge rate of 99.7% following a 2-hour shut-down period. According to the report, the difference in both the pumping and static levels recorded showed minimal change which suggests that there is little drawdown while the pump is in operation. The well which has been identified to produce 4.6-gallons per minute translates to approximately 2,419,366 gallons per year. According to the applicant, the cultivation season for the proposed cultivation operation will begin in April and end in November each year. The applicant proposes that the cultivation operation will require approximately 710,355-gallons per year (Please Note: Water usage may vary depending on weather conditions). Considering the applicant proposes to use 710,355-gallons per year, this translates to approximately 29% of the existing well's full capacity. All water supply lines will be equipped with safety valves, capable of shutting off the flow of water so that waste of water and runoff is prevented/minimized when leaks occur and the system needs repair, and inline water meters compliant with California Code of Regulations, Title 23, Division 3, Chapter 2.7. The applicant proposes to maintain daily water meter readings records for a minimum of five years, and will make those records available to Water Boards, CDFW, and Lake County staff upon request. The irrigation system of the existing/proposed cultivation area(s) are/will be composed of buried PVC piping, black poly tubing, with drip tapes/lines. Cumulative Water Analysis. The applicant has submitted a Hydrology Report, prepared by Realm Engineering and dated November 18, 2021. The Report estimates average daily water usage to be 6 gallons per plant; this is consistent with multiple reports that have been received and reviewed by Lake County. The report estimates total usage of between 3 and 4 acre-feet per year (approximately 1,000,000 gallons), or about 7,000 gallons per day. Groundwater Recharge. The Hydrology Report states that groundwater recharge is the replenishment of an aquifer with water from the land surface. It is usually expressed as an average rate of inches of water per year, similar to precipitation. Thus, the volume of recharge is the rate multiplied by the land area under consideration with the time period and is usually expressed in acre-ft per year. In addition to precipitation, other sources of recharge to an aquifer are stream and lake or pond seepage, irrigation return flow (both from canals and fields), inter-aquifer flows, and urban recharge (from water mains, septic tanks, sewers, and drainage ditches). For this site, the volcanic aquifer is considered to be unconfined. Drainage features that intersect and boarder the site have likely eroded through some of the overlying layers and are contributing to the recharge of the site's aquifer through the stream bottom. However, it is also likely that a portion of the rainwater falling directly on the site infiltrates the ground surface and migrates downward through the soil matrix until it recharges the aquifer. In addition, flow in the intermittent watercourses to the east and north of the Project Property may contribute to recharge of the aquifer near the site. To estimate the groundwater recharge at the site, we first must assume that the recharge to the aquifer is primarily through rainfall across the 20-acre Project Property (Lake County APNs 011-044-17 & 18). Therefore, the annual precipitation available for recharge onsite can initially be estimated using the following data and equation: 20 acres x 2.8 feet (Average Annual Precipitation for Lakeport, CA6) = 56 acre-feet Estimated Annual Precipitation Onsite = 56 acre-feet/year However, this estimate does not account for surface run-off, stream underflow, and evapotranspiration that occurs in all watersheds. According to the USGS, the long-term average precipitation that recharges groundwater in the northern California region is approximately 15 percent. Since the Project Property is covered in well-drained very gravelly loam soils and vegetation, we estimate that the long-term average precipitation that recharges groundwater within the entire site is near the regional average of 15%. With this data and the precipitation data presented above, we can estimate the groundwater recharge of the Project Property by using the following equation. 56 acre-feet/year (annual precipitation onsite) x 0.15 (long term average recharge) = 8.4 acre-feet/year Estimated Groundwater Recharge Based on the estimated average annual recharge to the aquifer of the Project Property (approximately 8.4 acre-feet/year) and the estimated annual water usage of the proposed cultivation operation (2.2 to 3.0 acre-feet/year), it appears that the MMO will have enough water to meet their demands without causing overdraft conditions. Impacts on Neighboring Wells. The Report states that the 'pumping influence area' is a 400-foot circular area with the well located at the center of this circle. This Area was determined following the November 4, 2021, pump test that was run on the well, and on the general relationships that exist between the on-site well and the neighboring wells in terms of usage, distance and so forth. The Report states that Lake County Environmental Health Department, who oversees wells within Lake County, has no evidence of wells on adjacent parcels and within the 400-foot diameter. The Report mentions an unnamed Class II seasonal drainage channel, and states that the unnamed intermittent Class II watercourse does not support aquatic habitat year-round and is typically dry by May/June of each year, when pumping of the onsite groundwater well for the proposed cultivation operation would reach potentially significant levels. Therefore, the potential for stream depletion as a result of the proposed onsite groundwater usage is not considered a concern to this assessment. Conclusions regarding Water. All water for the proposed cultivation operation will come from the existing onsite groundwater well located at Latitude: 38.90131� and Longitude: -122.75927�. The onsite groundwater well was drilled to a depth of 99 feet below ground surface (bgs) in April of 1977. A recent pump test performed in November of 2021, indicates that the onsite groundwater well can sustainably produce at least 9.8 gallons per minute. From the pump test data we can calculate a Specific Capacity of approximately 0.51 gpm/foot for the onsite groundwater well. The total estimated annual water use requirement for the proposed cultivation operation is between 720,000 and 990,000 gallons per year. Based on data from the recent pump test and the estimated water use requirement(s) for the proposed cultivation operation, it appears that the onsite groundwater well is a sufficient water source for the proposed cultivation operation. Based on the estimated average annual recharge to the aquifer of the Project Property (approximately 8.4 acre-feet/year) and the estimated annual water usage of the proposed cultivation operation (2.2 to 3.0 acre-feet/year), it appears that the aquifer storage and recharge area are sufficient to provide for sustainable annual water use at the site and on the Project Property. The calculated zone of pumping influence for the proposed cultivation operation extends approximately 400 feet from the onsite groundwater well. It does not appear that pumping for the proposed cultivation operation will impact neighboring wells, given the horizontal and vertical separations between the onsite groundwater well and neighboring wells. An unnamed intermittent Class II watercourse flows within 400 feet of the onsite groundwater well. However, the unnamed intermittent Class II watercourse does not support aquatic habitat year-round and is typically dry by May/June of each year, when pumping of the onsite groundwater well for the proposed cultivation operation would reach potentially significant levels. Therefore, the potential for stream depletion the proposed onsite groundwater usage is not considered a concern. Pesticides/Fertilizers & Hazardous Materials. According to the Property Management Plan, all chemicals will be stored and used for the cultivation operation which includes fertilizers/nutrients, pesticides, and petroleum products and chemical sanitation products necessary to maintain a sterile work environment inside the proposed processing facility. All fertilizers/nutrients and pesticides, when not in use, will be stored in their manufacturer's original containers/packaging, undercover, and at least 100 feet from surface water bodies inside the proposed Pesticides and Agricultural Chemicals Storage Area. Petroleum products will be stored under cover, in the State of California-approved containers with secondary containment and separate from pesticides and fertilizers within the existing onsite wooden garage. Sanitation products will be stored in their manufacturer's original containers/packaging within a secure cabinet inside the proposed Processing Facility. Spill containment and cleanup equipment will be maintained within the proposed Pesticides and Agricultural Chemicals Storage Area and the processing facility. No effluent is expected to be produced by the proposed cultivation operation. Hours of Operation. According to the Property Management Plan, cultivation related activities will occur from 8:00 AM to 6:00 PM. All gates will be locked and secured outside of core operating/business hours and when operation personnel are not present. Solid Waste Management. The types of solid waste that will be generated from the proposed cultivation operation include but are not limited to gardening materials and wastes (such as used plastic seedling pots and spent plastic fertilizer/pesticide bags and bottles) and general litter from staff/personnel. All solid waste will be stored in bins with secure fitting lids, located directly adjacent to the proposed outdoor cultivation/canopy area and Processing Facility. At no time will the bins be filled to a point that their lids cannot fit securely. Solid waste from the bins will be deposited into a trailer (dump trailer) and hauled away by project staff to a Lake County Integrated Waste Management facility, at least every seven (7) days/weekly. Additionally, all vegetative cannabis waste will be composted onsite. Composted cannabis waste will be used as an organic soil amendment within the cultivation operation. Site Maintenance & Run-off Control Measures. When not in use, all equipment will be stored in its proper designated area upon completion of the task for which the equipment was needed. Any refuse created during the workday will be placed in the proper waste disposal receptacle at the end of each shift, or at a minimum upon completion of the task assigned. Any refuse which poses a risk for contamination or personal injury will be disposed of immediately. All cultivation areas are/will be located at least 100 feet from the top of bank of any known perennial and/or season waterway. To control runoff, the operations will install runoff control features/Best Management Practices in accordance with Chapters 29 and 30 of the Lake County Code around the cultivation areas and roads and will be maintained for life of the project. Additionally, a minimum buffer of 100 feet of defensible space will be established and maintained around the proposed cultivation operation for fire protection and to ensure safe and sanitary working conditions. Areas of defensible space will be mowed and trimmed regularly around the cultivation operation to provide for visibility and security monitoring. The existing access roads and parking areas are/will be graveled to prevent the generation of fugitive dust, and vegetative ground cover will be preserved throughout the entire site to filter and infiltrate storm water runoff from the access roads, parking areas, and the proposed cultivation operation. Portable restroom facilities will be regularly serviced and made available for use whenever staff is onsite. Construction. The development of the project will consist of disturbing less than 500 cubic yards of soil (ground disturbance), which is allowed upon issuance of a building permit(s). All construction activities, including engine warm-up, will occur from 6:00am to 6:00pm Monday through Saturday and shall adhere to all noise requirement in the Lake County Code. Additionally, all equipment will be maintained and operated to all federal, state and local agency requirements to minimize spillage or leakage of hazardous materials. All equipment will be refueled in locations more than 100 feet from surface water bodies. Servicing of equipment will occur on an impermeable surface. Water from the approved onsite well will be used to mitigate the generation of dust during development, including operations. The overall construction of the project is anticipated to take three (3) to five (5) weeks to complete (weather dependent). Staff is recommending approval of Major Use Permit, UP 19-19 and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 19-34) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-34) for Major Use Permit (UP 19-19) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-8. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-9. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-8. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-2. 6. Potential hazards and hazardous materials impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-4. 7. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 9. Potential transportation impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRANS-1 through TRANS-2. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 12. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 13. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-19 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23, or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Mitigated Negative Declaration (IS 19-34) prepared for Mombacho Mountain Organics, LLC for the property located at 9205 Mombacho Road and 9261 Wildcat Road, Kelseyville, further described as APNs: 011-044-17 and 011-044-18 will not have a significant effect on the environment and therefore a determination of a Mitigated Negative Declaration with the accompanying Mitigation Monitoring and Reporting Program (MMRP) shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 19-19) I move that the Planning Commission find that Major Use Permit (UP 19-19) applied for by Mombacho Mountain Organics, LLC for the property located at 9205 Mombacho Road and 9261 Wildcat Road, Kelseyville, further described as APNs: 011-044-17 and 011-044-18 does meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii(g), I (ii)] of the Lake County Zoning Ordinance with the amended site plan and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.
6e.9:25 a.m. Public Hearing on Consideration of General Plan of Conformity (GPC 22-05) to satisfy for a property zoned “O-SC-FF-WW”, Open Space – Scenic Combining – Floodway Fringe – Waterway. The Government Code Section 65402(b) requires that prior to the disposal of land, the County report the location, purpose, and extent of any proposed sale of county property to determine the conformity with the adopted General Plan. The purpose of the conformity would be to allow the accommodation of a homeless shelter. The project at 1111 Whalen Way, Lakeport, CA; further described as Assessor Parcel Number: 004-029-41. Public Hearing
Staff memo

Date: May 26, 2022 · To: Planning Commission · From: Mary Darby, Community Development Director Eric Porter, Associate Planner · Subject: General Plan Conformity, GPC 22-05, CE 22-19 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Elijah House Project Description

I. EXECUTIVE SUMMARY Lake County owns a 4.29 acre property located at 1111 Whalen Way, Lakeport. The Elijah House seeks to purchase the property to convert the juvenile hall building into a homeless shelter. This General Plan of Conformity is the first step prior to the rezone and major use permit being undertaken by the County. Staff recommends approval of the General Plan Conformity, GPC 22-05, and adoption of the Categorical Exemption to CEQA, CE 22-19. II. PROJECT DESCRIPTION Applicant: County of Lake Location: 1111 Whalen Way, Lakeport, CA 95453 APN: 004-029-41 General Plan: Public Facilities, Resource Conservation Zoning: "O - SC - FF - WW" Open Space - Scenic Combining - Floodway Fringe - Waterway III. PROJECT SETTING Existing Uses and Improvements: The property has historically been used as a juvenile hall facility. The juvenile hall was closed and the property is considered as surplus county property. The Elijah House now seeks to purchase the property, however a rezone is required prior to the property being used as a homeless shelter per Article 27 of the Lake County Zoning Ordinance, and a major use permit will be required for the establishment of the homeless shelter. The General Plan of Conformity is the first step required prior to the zone change and major use permit being considered. Topography: The site is mostly flat. Soils: According to the soil survey of Lake County, prepared by the U.S.D.A., the soil on the developed portion of the site is unit type 233 Still loam, stratified substratum. This soil type occurs on land that is between 0 and 2% slope. The permeability is moderately slow, surface runoff is slow, and the hazard of erosion is slight. Fire Protection: Lakeport Fire Protection District IV. BACKGROUND The subject site had historically been used as the Lake County Juvenile Hall. The Juvenile Hall closed recently, and the land became surplus to the County. The Elijah House Foundation currently leases the subject site, located at 1111 Whalen Way in Lakeport, CA from Lake County and provides emergency shelter services through a contract with Lake County Behavioral Health. Acquisition and investment in this property would help the Elijah House Foundation provide a permanent location to offer emergency shelter services. In addition, this acquisition would also allow for the expansion of services that Elijah House Foundation service providers have recognized are highly needed by those who are homeless or at risk of homelessness served at the temporary Emergency Shelter. In addition to providing emergency shelter services, some of these new services may include Transitional Mental Health treatment, Mental Health Housing, Behavioral Health Counseling, Healthcare Navigation and stabilization, Reentry for Justice Involved, Job Development and on the job training, and independent living skill development. General Plan of Conformity. In order for the County to sell this surplus land for eventual permanent use as a homeless shelter, the County must first determine that the homeless shelter use is (a) allowed by the General Plan designation; (b) permitted in the zone that it is proposed for, and (c) meets all applicable General Plan, Area Plan and Zoning Ordinance regulations for the use that is intended. This is the first step in these three steps necessary to establish the homeless shelter on the subject site. V. RECOMMENDATIONS Staff recommends that the Planning Commission: A. Adopt Categorical Exemption CE 22-19 for GPC 22-05 with the following findings: 1. Potential environmental impacts related to the General Plan of Conformity will not occur due to the nature of the action, which is to evaluate the property for future use as a homeless shelter. 2. That no changes to the site appear to be necessary to convert the interior of the existing building for use as a homeless shelter. 3. This project is consistent with the Lake County General Plan, Lakeport Area Plan and Zoning Ordinance. 4. That this project will not result in any significant adverse environmental impacts, including impacts on cultural or historic resources. B. Approve GPC 22-05 with the following findings: 1. The project is compatible with surrounding land uses. 2. The project is consistent with the Lake County General Plan goals and policies related to Transportation and Circulation and to the health and safety of the residents and property of Lake County. 3. The use of the land as a homeless shelter is consistent with the Lakeport Area Plan, updated Housing Element policy to develop adequate emergency shelter provisions within Lake County; and, 4. An evaluation for compliance with the California Environmental Quality Act has been performed pursuant to CEQA requirements, and a Categorical Exemption to CEQA has been determined to be appropriate for this action under CEQA section 153012. Sample Motions: Categorical Exemption I move that the Planning Commission find and report that, on the basis of the lack of site disturbance associated with this project, and due to the lack of future site improvements associated with this property, that a Categorical Exemption to CEQA shall be adopted pursuant to CEQA Section 153012, and that this project, located at 1111 Whalen Way, Lakeport, CA and known as APN: 004-029-41, will not have a significant effect on the environment with the findings listed in the staff report dated May 26, 2022. General Plan Conformity I move that the Planning Commission find and report that General Plan Conformity GPC 22-05, applied for by the Lake County Administration Department and the Community Development Department for the property located at 1111 Whalen Way, Lakeport, CA and known as APN: 004-029-41, is in conformity with the Lake County General Plan with the findings listed in the staff report dated May 26, 2022. Reviewed by: Mary Darby, Community Development Director
Original memo text
Memorandum ' Item #5 9:25 AM May 26, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: May 26, 2022 SUBJECT: General Plan Conformity, GPC 22-05, CE 22-19 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Elijah House Project Description I. EXECUTIVE SUMMARY Lake County owns a 4.29 acre property located at 1111 Whalen Way, Lakeport. The Elijah House seeks to purchase the property to convert the juvenile hall building into a homeless shelter. This General Plan of Conformity is the first step prior to the rezone and major use permit being undertaken by the County. Staff recommends approval of the General Plan Conformity, GPC 22-05, and adoption of the Categorical Exemption to CEQA, CE 22-19. II. PROJECT DESCRIPTION Applicant: County of Lake Location: 1111 Whalen Way, Lakeport, CA 95453 APN: 004-029-41 General Plan: Public Facilities, Resource Conservation Zoning: "O - SC - FF - WW" Open Space - Scenic Combining - Floodway Fringe - Waterway III. PROJECT SETTING Existing Uses and Improvements: The property has historically been used as a juvenile hall facility. The juvenile hall was closed and the property is considered as surplus county property. The Elijah House now seeks to purchase the property, however a rezone is required prior to the property being used as a homeless shelter per Article 27 of the Lake County Zoning Ordinance, and a major use permit will be required for the establishment of the homeless shelter. The General Plan of Conformity is the first step required prior to the zone change and major use permit being considered. Topography: The site is mostly flat. Soils: According to the soil survey of Lake County, prepared by the U.S.D.A., the soil on the developed portion of the site is unit type 233 Still loam, stratified substratum. This soil type occurs on land that is between 0 and 2% slope. The permeability is moderately slow, surface runoff is slow, and the hazard of erosion is slight. Fire Protection: Lakeport Fire Protection District IV. BACKGROUND The subject site had historically been used as the Lake County Juvenile Hall. The Juvenile Hall closed recently, and the land became surplus to the County. The Elijah House Foundation currently leases the subject site, located at 1111 Whalen Way in Lakeport, CA from Lake County and provides emergency shelter services through a contract with Lake County Behavioral Health. Acquisition and investment in this property would help the Elijah House Foundation provide a permanent location to offer emergency shelter services. In addition, this acquisition would also allow for the expansion of services that Elijah House Foundation service providers have recognized are highly needed by those who are homeless or at risk of homelessness served at the temporary Emergency Shelter. In addition to providing emergency shelter services, some of these new services may include Transitional Mental Health treatment, Mental Health Housing, Behavioral Health Counseling, Healthcare Navigation and stabilization, Reentry for Justice Involved, Job Development and on the job training, and independent living skill development. General Plan of Conformity. In order for the County to sell this surplus land for eventual permanent use as a homeless shelter, the County must first determine that the homeless shelter use is (a) allowed by the General Plan designation; (b) permitted in the zone that it is proposed for, and (c) meets all applicable General Plan, Area Plan and Zoning Ordinance regulations for the use that is intended. This is the first step in these three steps necessary to establish the homeless shelter on the subject site. V. RECOMMENDATIONS Staff recommends that the Planning Commission: A. Adopt Categorical Exemption CE 22-19 for GPC 22-05 with the following findings: 1. Potential environmental impacts related to the General Plan of Conformity will not occur due to the nature of the action, which is to evaluate the property for future use as a homeless shelter. 2. That no changes to the site appear to be necessary to convert the interior of the existing building for use as a homeless shelter. 3. This project is consistent with the Lake County General Plan, Lakeport Area Plan and Zoning Ordinance. 4. That this project will not result in any significant adverse environmental impacts, including impacts on cultural or historic resources. B. Approve GPC 22-05 with the following findings: 1. The project is compatible with surrounding land uses. 2. The project is consistent with the Lake County General Plan goals and policies related to Transportation and Circulation and to the health and safety of the residents and property of Lake County. 3. The use of the land as a homeless shelter is consistent with the Lakeport Area Plan, updated Housing Element policy to develop adequate emergency shelter provisions within Lake County; and, 4. An evaluation for compliance with the California Environmental Quality Act has been performed pursuant to CEQA requirements, and a Categorical Exemption to CEQA has been determined to be appropriate for this action under CEQA section 153012. Sample Motions: Categorical Exemption I move that the Planning Commission find and report that, on the basis of the lack of site disturbance associated with this project, and due to the lack of future site improvements associated with this property, that a Categorical Exemption to CEQA shall be adopted pursuant to CEQA Section 153012, and that this project, located at 1111 Whalen Way, Lakeport, CA and known as APN: 004-029-41, will not have a significant effect on the environment with the findings listed in the staff report dated May 26, 2022. General Plan Conformity I move that the Planning Commission find and report that General Plan Conformity GPC 22-05, applied for by the Lake County Administration Department and the Community Development Department for the property located at 1111 Whalen Way, Lakeport, CA and known as APN: 004-029-41, is in conformity with the Lake County General Plan with the findings listed in the staff report dated May 26, 2022. Reviewed by: Mary Darby, Community Development Director
6f.9:30 a.m. - (Continued from May 12, 2022) - Public Hearing on Consideration of Major Use Permit (UP 19-44) and a Mitigated Negative Declaration (IS 19-63). The applicant, Auto Canna, LLC (Auto Canna) is proposing Four (4) A-Type 3: “Outdoor” license: Outdoor cultivation for adult use cannabis without the use of light deprivation and/or artificial lighting in the canopy area at any point in time from 10,001 square feet to one acre, inclusive, of total canopy size per license on one premise; and a Type 13 “Distributor Transport Only, Self-Transport Distribution” license: The transport of cannabis goods between entities licensed pursuant to California Code. The project is located at 21258 Morgan Valley Road, Lower Lake, CA; Assessor Parcel Numbers: 012-069-57. Public Hearing
Staff memo

To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: LACO Associates Planner: Andrew Amelung, Cannabis Program Manager

DATE OF REPORT: May 19, 2022 RE: Auto Canna, LLC * Major Use Permit (UP 19-44) * Early Activation (EA 19-69 and EA 21-69) * Complex Grading Permit (GR 20-13) * Initial Study (IS 19-63) District Supervisor Moke Simon Planning Commissioner John Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Site and Grading Plans 4. Conditions of Approval 5. Initial Study/Mitigated Negative Declaration with the Mitigation Monitoring Reporting Program (MMRP) 6. Hydrology Report and Drought Management Plan 7. Biological Assessment 8. Oak Habitat and Mitigation Plan with Arborist Report 9. Agency/Public Comments 10. Site Visit Photos I. EXECUTIVE SUMMARY Auto Canna, LLC is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) at 21258 Morgan Valley Road, Lower Lake, CA on Lake County APN 012-069-57 for (2) A-Type 3 "Medium Outdoor" and one (1) A-Type 2 "Small Outdoor" commercial cannabis cultivation licenses. The outdoor cultivation for adult-use cannabis is without the use of light deprivation and/or artificial lighting in the 93,560 sf canopy area within a 100,560 sf cultivation area. The existing site improvements include: * (4) 5,000 gallons water tanks for storage, irrigation, and emergency fire suppressant. * Four 5,000-gallon Heavy-Duty Plastic Water Storage Tanks * Groundwater well with solar-powered pump * 120 sf Security Center/Shed (wooden) * (5) 320 sf Metal Shipping/Storage Containers (to be removed upon approval of UP 19-44) * Cultivation area of 53,560 sf Proposed improvements include: * 5,000 sf processing facility with restrooms * 120 sf wood storage sheds for agriculture chemicals; fertilizers, pesticides, and petroleum products * 120 sf wood security building * (4) 5,000 gallons water tanks for storage, irrigation, and emergency fire suppressant for a total of 8 water tanks (total of 8 tanks). * Grading for road maintenance to meet California Fire and Forestry commercial road standards and for the placement of ancillary facility where necessary (as shown on site plans map) * Shaded fuel break * Remaining cultivation area consisting of 47,000 sf * Additional septic system for processing facility The project site location is currently improved with existing groundwater well to be pumped into the four (4) 5,000 gallons water tanks for storage, an existing septic system for a single-family dwelling. An additional septic system is proposed for for the processing facility which will include the restroom. A 4290 Inspection was conducted on January 14th, 2020. Upon issuance of a Major Use Permit and Grading Permit, Auto Canna will improve the existing 14-foot wide access road to meet 4290 requirements (20-foot wide road, with less than 16 percent grade, and an aggregate surface capable of supporting fire apparatus weighing 75,000 pounds). The project will result in approximately 4-acres of ground disturbance with the grading and cleaing for the cultivation operation and for creation of defensible space. No trees will be removed within the defensible space, but grasses will be mowed and trimmed. The applicant's proposal has been revised and reduced in scope since being submitted in November 2019. Originally, Auto Canna's proposed project included 158,800 sq. ft. of outdoor canopy, and required the disturbance of approximately 8 acres and the movement of approximately 20,000 cubic yards of earthen material. The project scope has since been reduced to a total proposed outdoor canopy area to 93,560 sq. ft. and reduced the area to be disturbed to approximately 4 acres with less than 1,000 cubic yards of earthen material needing to be graded. The complex grading permit will allow adequate emergency access and compliance with regulatory road standards, the construction of the proposed ancillary facilities on the project site, including the removal of 66 blue oak trees (27 healthy trees). Early Activation permits were issued for this property in 2019 and 2021. Staff is recommending approval of Major Use Permit, UP 19-44, and the adoption of a CEQA determination of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-63) with the incorporated Mitigation Measures and Conditions of Approval. The Mitigated Negative Declaration determination also includes and addresses Complex Grading Permit (GR 20-13). Figure 1.Proposed Site Plans and Cultivation Area II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-63) for Major Use Permit (UP 19-44) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-7. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-8. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-3. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-7. 6. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-4. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 8. This project is consistent with land uses in the vicinity. 9. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Zoning Ordinance. 10. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 11. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-44 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23, or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Environmental Determination I move that the Planning Commission makes a determination in accordance with the California environmental Quality Act (CEQA) for a Mitigated Negative Declaration with findings for Major Use Permit (UP 19-44) and Complex Grading Permit (GR 20-13) applied for by Auto Canna, LLC for the property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APN 012-069-57, will not have a significant effect on the environment as recommended in this staff report and therefore a mitigated negative declaration along with the accompanying Mitigation Monitoring Reporting Program (MMRP) shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 19-44) I move that the Planning Commission find that the amended Major Use Permit (UP 19-44) applied for by Auto Canna, LLC on property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APNs: 21258 Morgan Valley Road, Lower Lake, CA does meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii(g), I (ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022.
Original memo text
Memorandum ITEM #6 9:30 AM MAY 26, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: LACO Associates Planner: Andrew Amelung, Cannabis Program Manager DATE OF REPORT: May 19, 2022 RE: Auto Canna, LLC * Major Use Permit (UP 19-44) * Early Activation (EA 19-69 and EA 21-69) * Complex Grading Permit (GR 20-13) * Initial Study (IS 19-63) District Supervisor Moke Simon Planning Commissioner John Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Site and Grading Plans 4. Conditions of Approval 5. Initial Study/Mitigated Negative Declaration with the Mitigation Monitoring Reporting Program (MMRP) 6. Hydrology Report and Drought Management Plan 7. Biological Assessment 8. Oak Habitat and Mitigation Plan with Arborist Report 9. Agency/Public Comments 10. Site Visit Photos I. EXECUTIVE SUMMARY Auto Canna, LLC is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) at 21258 Morgan Valley Road, Lower Lake, CA on Lake County APN 012-069-57 for (2) A-Type 3 "Medium Outdoor" and one (1) A-Type 2 "Small Outdoor" commercial cannabis cultivation licenses. The outdoor cultivation for adult-use cannabis is without the use of light deprivation and/or artificial lighting in the 93,560 sf canopy area within a 100,560 sf cultivation area. The existing site improvements include: * (4) 5,000 gallons water tanks for storage, irrigation, and emergency fire suppressant. * Four 5,000-gallon Heavy-Duty Plastic Water Storage Tanks * Groundwater well with solar-powered pump * 120 sf Security Center/Shed (wooden) * (5) 320 sf Metal Shipping/Storage Containers (to be removed upon approval of UP 19-44) * Cultivation area of 53,560 sf Proposed improvements include: * 5,000 sf processing facility with restrooms * 120 sf wood storage sheds for agriculture chemicals; fertilizers, pesticides, and petroleum products * 120 sf wood security building * (4) 5,000 gallons water tanks for storage, irrigation, and emergency fire suppressant for a total of 8 water tanks (total of 8 tanks). * Grading for road maintenance to meet California Fire and Forestry commercial road standards and for the placement of ancillary facility where necessary (as shown on site plans map) * Shaded fuel break * Remaining cultivation area consisting of 47,000 sf * Additional septic system for processing facility The project site location is currently improved with existing groundwater well to be pumped into the four (4) 5,000 gallons water tanks for storage, an existing septic system for a single-family dwelling. An additional septic system is proposed for for the processing facility which will include the restroom. A 4290 Inspection was conducted on January 14th, 2020. Upon issuance of a Major Use Permit and Grading Permit, Auto Canna will improve the existing 14-foot wide access road to meet 4290 requirements (20-foot wide road, with less than 16 percent grade, and an aggregate surface capable of supporting fire apparatus weighing 75,000 pounds). The project will result in approximately 4-acres of ground disturbance with the grading and cleaing for the cultivation operation and for creation of defensible space. No trees will be removed within the defensible space, but grasses will be mowed and trimmed. The applicant's proposal has been revised and reduced in scope since being submitted in November 2019. Originally, Auto Canna's proposed project included 158,800 sq. ft. of outdoor canopy, and required the disturbance of approximately 8 acres and the movement of approximately 20,000 cubic yards of earthen material. The project scope has since been reduced to a total proposed outdoor canopy area to 93,560 sq. ft. and reduced the area to be disturbed to approximately 4 acres with less than 1,000 cubic yards of earthen material needing to be graded. The complex grading permit will allow adequate emergency access and compliance with regulatory road standards, the construction of the proposed ancillary facilities on the project site, including the removal of 66 blue oak trees (27 healthy trees). Early Activation permits were issued for this property in 2019 and 2021. Staff is recommending approval of Major Use Permit, UP 19-44, and the adoption of a CEQA determination of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-63) with the incorporated Mitigation Measures and Conditions of Approval. The Mitigated Negative Declaration determination also includes and addresses Complex Grading Permit (GR 20-13). Figure 1.Proposed Site Plans and Cultivation Area II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-63) for Major Use Permit (UP 19-44) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-7. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-8. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-3. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-7. 6. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-4. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 8. This project is consistent with land uses in the vicinity. 9. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Zoning Ordinance. 10. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 11. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-44 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23, or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Environmental Determination I move that the Planning Commission makes a determination in accordance with the California environmental Quality Act (CEQA) for a Mitigated Negative Declaration with findings for Major Use Permit (UP 19-44) and Complex Grading Permit (GR 20-13) applied for by Auto Canna, LLC for the property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APN 012-069-57, will not have a significant effect on the environment as recommended in this staff report and therefore a mitigated negative declaration along with the accompanying Mitigation Monitoring Reporting Program (MMRP) shall be approved with the findings listed in the staff report dated May 26, 2022. Major Use Permit (UP 19-44) I move that the Planning Commission find that the amended Major Use Permit (UP 19-44) applied for by Auto Canna, LLC on property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APNs: 21258 Morgan Valley Road, Lower Lake, CA does meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii(g), I (ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 26, 2022.
7.Non-Timed Items
8.Department Update
9.Adjournment