Planning Commission — Thursday, March 24, 2022
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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 the Minutes from the January 27, 2022 and the February 24, 2022 Planning Commission Hearing.
Minutes
5.Public Input
6.Timed Items - Public Hearings
6a.9:00 a.m. (Continued from March 10, 2022) Public Hearing on consideration of Major Use Permit (UP 20-81) and a Mitigated Negative Declaration (IS 20-97). The Applicant: Red Hills, RHRP1/ Crystal Keesey, is proposing Twenty-five (25) A-Type 3 Medium Outdoor Commercial Cannabis Cultivation Licenses consisting of 35 acres of cultivation area and 25 acres of canopy area, and one A-Type 13 ‘Self Distribution’ license. Also proposed are two (2) 120 sq. ft. sheds; one (1) 64 sq. ft. cannabis waste storage and compost area; one (1) 312 sq. ft. portable office building; one (1) 312 sq. ft. portable building for use as an employee break room; three (3) 60,000 gallon water storage tanks; portable restrooms, and a 6’ tall security and privacy fence.
Public Hearing
Staff memo
RE: Red Hills, RHRP1; Major Use Permit (UP 20-81) and Initial Study (IS 20-97). APN: 009-022-54 (primary); 009-022-55, 009-056-01
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Site Plans
3. Property Management Plan
4. Agency Comments
5. Initial Study IS 20-97
6. Hydrology Report; Chico Environmental; Aug. 4, 2021
7. Public Comments
8. Conditions of Approval
This staff report includes ten sections (Sections I through X). Section I provides an executive summary of the proposed project; Section II provides site specific details of the proposed project, and the surrounding uses and zoning. Section III provides a description of the project. Section IV provides the project analysis and conformance with the General Plan, Kelseyville Area Plan, and the applicable sections of the Zoning Ordinance. Section V provides a summary of the potential environmental impacts and mitigation measures to reduce those impacts in compliance with the California Environmental Quality Act (CEQA), as covered in the initial study. Section VI evaluates compliance with required findings for a major use permit as found in Article 51.4 of the Zoning Ordinance. Section VII evaluates compliance with findings for commercial cannabis cultivation projects as found in Article 27(at). Section VIII lists the public comments that were received for this project (none have been received to date). Section IX includes recommendations on actions that the Planning Commission can take for a decision of a major use permit. Section X provides recommended motions for an approval decision of the proposed project.
I. EXECUTIVE SUMMARY
The applicant is requesting approval of a major use permit for:
* Twenty-five A-Type 3 "medium outdoor" cultivation licenses consisting of thirty-five (35) acres (1,524,600 sq. ft.) of cultivation area
* Total outdoor canopy area of twenty-five (25) acres (1,089,000 sq. ft.)
* The proposed cultivation operation will be established in an already cleared area of the approved Bryant Stocking vineyard block development; and,
* One (1) A-Type 13 Self Distribution license
The cultivation and clustering properties have multiple addresses as follows:
APN 009-022-54 (cultivation property):
8210 State Highway 175, Kelseyville, California
APN 009-022-55:
8300 State Highway 175, Kelseyville, California
APN 011-056-01:
8500 State Highway 175, Kelseyville, California
II. RECOMMENDATION
Staff recommends that the Planning Commission:
A. Adopt mitigated negative declaration (IS 20-97) for Use Permit (UP 20-81) with the following findings:
1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1.
2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7, AQ-8 and AQ-9.
3. Potential environmental impacts related to biological resources can be mitigated to 'less than significant' levels with the inclusion of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8 and BIO-9
4. Potential environmental impacts related to cultural / tribal 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 Geological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures GEO-1 and GEO-2.
6. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1, HAZ-2, HAZ-3, HAZ-4, HAZ-5, HAZ-6, HAZ-7, HAZ-8 and HAZ-9.
7. Potential environmental impacts related to Hydrology can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, HYD-2 and HYD-3.
8. Potential environmental impacts related to Noise can be mitigated to less than significant impacts with mitigation measures NOI-1 and NOI-2.
9. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts.
B. Approve Use Permit UP 20-81 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.
7. The proposed use complies with all applicable development standards.
8. The applicant is qualified to make the application.
9. The application complies with the qualifications for a commercial cannabis permit.
10. 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.
III. SAMPLE MOTIONS
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 20-97) applied for by RHRP1 LLC on property located at 8210, 8300, 8500 State Highway 175, Kelseyville, and further described as APNs: 009-022-54, 009-022-55 and 011-056-01 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 March 10, 2022.
Major Use Permit (UP 20-81)
I move that the Planning Commission find that the Use Permit (UP 20-81) applied for by RHRP1 LLC on property located at 8210, 8300, 8500 State Highway 175, Kelseyville, and further described as APNs: 009-022-54, 009-022-55 and 011-056-01 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 March 10, 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
9:00 a.m.
March 10, 2022
Continued to March 24, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: March 10, 2022, continued to March 24, 2022
RE: Red Hills, RHRP1; Major Use Permit (UP 20-81) and Initial Study (IS 20-97). APN: 009-022-54 (primary); 009-022-55, 009-056-01
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Site Plans
3. Property Management Plan
4. Agency Comments
5. Initial Study IS 20-97
6. Hydrology Report; Chico Environmental; Aug. 4, 2021
7. Public Comments
8. Conditions of Approval
This staff report includes ten sections (Sections I through X). Section I provides an executive summary of the proposed project; Section II provides site specific details of the proposed project, and the surrounding uses and zoning. Section III provides a description of the project. Section IV provides the project analysis and conformance with the General Plan, Kelseyville Area Plan, and the applicable sections of the Zoning Ordinance. Section V provides a summary of the potential environmental impacts and mitigation measures to reduce those impacts in compliance with the California Environmental Quality Act (CEQA), as covered in the initial study. Section VI evaluates compliance with required findings for a major use permit as found in Article 51.4 of the Zoning Ordinance. Section VII evaluates compliance with findings for commercial cannabis cultivation projects as found in Article 27(at). Section VIII lists the public comments that were received for this project (none have been received to date). Section IX includes recommendations on actions that the Planning Commission can take for a decision of a major use permit. Section X provides recommended motions for an approval decision of the proposed project.
I. EXECUTIVE SUMMARY
The applicant is requesting approval of a major use permit for:
* Twenty-five A-Type 3 "medium outdoor" cultivation licenses consisting of thirty-five (35) acres (1,524,600 sq. ft.) of cultivation area
* Total outdoor canopy area of twenty-five (25) acres (1,089,000 sq. ft.)
* The proposed cultivation operation will be established in an already cleared area of the approved Bryant Stocking vineyard block development; and,
* One (1) A-Type 13 Self Distribution license
The cultivation and clustering properties have multiple addresses as follows:
APN 009-022-54 (cultivation property):
8210 State Highway 175, Kelseyville, California
APN 009-022-55:
8300 State Highway 175, Kelseyville, California
APN 011-056-01:
8500 State Highway 175, Kelseyville, California
II. RECOMMENDATION
Staff recommends that the Planning Commission:
A. Adopt mitigated negative declaration (IS 20-97) for Use Permit (UP 20-81) with the following findings:
1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1.
2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, AQ-7, AQ-8 and AQ-9.
3. Potential environmental impacts related to biological resources can be mitigated to 'less than significant' levels with the inclusion of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, BIO-7, BIO-8 and BIO-9
4. Potential environmental impacts related to cultural / tribal 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 Geological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures GEO-1 and GEO-2.
6. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1, HAZ-2, HAZ-3, HAZ-4, HAZ-5, HAZ-6, HAZ-7, HAZ-8 and HAZ-9.
7. Potential environmental impacts related to Hydrology can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, HYD-2 and HYD-3.
8. Potential environmental impacts related to Noise can be mitigated to less than significant impacts with mitigation measures NOI-1 and NOI-2.
9. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts.
B. Approve Use Permit UP 20-81 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.
7. The proposed use complies with all applicable development standards.
8. The applicant is qualified to make the application.
9. The application complies with the qualifications for a commercial cannabis permit.
10. 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.
III. SAMPLE MOTIONS
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 20-97) applied for by RHRP1 LLC on property located at 8210, 8300, 8500 State Highway 175, Kelseyville, and further described as APNs: 009-022-54, 009-022-55 and 011-056-01 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 March 10, 2022.
Major Use Permit (UP 20-81)
I move that the Planning Commission find that the Use Permit (UP 20-81) applied for by RHRP1 LLC on property located at 8210, 8300, 8500 State Highway 175, Kelseyville, and further described as APNs: 009-022-54, 009-022-55 and 011-056-01 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 March 10, 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.9:05 a.m. Public Hearing on Consideration of a Design Review (DR 21-01). The Applicant, Nikki Island, is proposing, a Small Resort, containing nine overnight lodging units; conversion of the existing dwelling to a social gathering room, lobby, kitchen and dining room; outdoor kitchen; in-ground pool and hot tub; site improvements including removal of 1,100+ sq. ft. of asphalt and the western driveway leading to Highway 20; landscaping, parking and interior access aisles and pedestrian pathways. The project location is 5835 and 5825 Highway 2, Lucerne, CA and further described as APN’s 034-421-20 and 034-421-21.
Public Hearing
Staff memo
ATTACHMENTS: 1. Vicinity Map
2. Site Plan (revised); Vanderwall, dated Spring, 2020
3. Building Elevations
4. Agency Comments
5. Proposed Conditions
6. Photos of Site
7. Landscape Plan; Vanderwall, dated February 2022
8. Lighting Plan
9. Initial Study IS 22-06
This staff report includes five sections (Sections I through V). Section I provides an executive summary of the proposed project; Section II provides site specific details of the proposed project and the surrounding uses and zoning, as well as site specific environmental information, and how the proposed project is in conformance with different plans that provide a blueprint for development within the County, and the regulations that implement those plans. Section III provides an evaluation of why this project is exempt from further evaluation under the California Environmental Quality Act (CEQA. Section IV includes recommendations on actions that the Planning Commission can take for approval of the proposed project; and Section V provides staff's recommendations for sample motions.
I. EXECUTIVE SUMMARY
The applicant is requesting approval of Design Review for a commercial resort which would include the following improvements:
* Nine (9) new overnight lodging units; two sizes (three are 12' x 14'; six are 12' x 24')
* Conversion of an existing residential structure (approx. 2175 square feet) to a lobby, dining room
* Conversion of the existing studio to an ADA bathroom
* Concrete patio with pool and in-ground hot tub secured with iron fence
* Outdoor kitchen area
* Fire pit with seating area
* Sauna
* Fourteen (14) parking spaces and one (1) ADA van accessible parking space.
* Decomposed granite walkways to be added
* Six (6) foot high perimeter wood fence
* Eight (8) foot high bamboo fence in between resort overnight lodging area and parking area
* Trash enclosure, approximately 14' x 12' in size
* Boat dock and pier (approved lakebed permit 2020-25 Farb)
* Removal of old asphalt driveway and existing 200 sq. ft. shed
* Removal of westerly driveway and gate (requested by CalTrans)
* On-site manager 7 a.m. to 7 p.m.; on site staff 7 p.m. to 7 a.m.
Staff recommends approval of DR 21-01 and adoption of a Mitigated Negative Declaration, file no. IS 22-06. .
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
A. Find that this project can be brought to 'less than significant' levels through the application of specific mitigation measures based on the project's overall impacts as follows:
1. Potential Air Quality-related impacts can be brought to 'less than significant' through mitigation measures AQ-1, AQ-2, AQ-3 and AQ-4.
2. Potential impacts to Biological Resources can be brought to 'less than significant' through mitigation measures BIO-1 and BIO-2.
3. Potential impacts to Cultural / Tribal resources can be brought to 'less than significant' through mitigation measures CUL-1 and CUL-2.
4. Potential impacts related to Noise can be brought to 'less than significant' through mitigation measures NOI-1 and NOI-2.
5. Potential cumulative impacts associated with this project are adequately addressed through the mitigation measures identified above.
B. Approve DR 21-01 with the following findings:
1. The project is in substantial conformance with the Lake County Zoning Ordinance, the Lake County General Plan and the Shoreline Communities Area Plan.
2. The project is compatible with surrounding land uses.
The resort meets the design requirements and compatibility requirements found within the Shoreline Community Area Plan.
3. The parcel is of adequate size to support the proposed resort use.
4. The existing roads and pedestrian facilities are adequate to support the proposed use with the removal of the westerly driveway as is identified in this report. This will also require the removal of 1,100 sq. ft. of asphalt.
5. There are adequate water, sewer and power services to serve the project.
6. This project will not result in any significant adverse environmental impacts and a Categorical Exemption is being requested.
7. That no violation of Chapters 5, 17, 21, 23, or 26 of the Lake County Code currently exists on the property.
V. RECOMMENDED MOTIONS
A. Initial Study IS 22-06:
I move that the Planning Commission find that this project, applied for by Nicole Farb on property located at 5835 & 5825 State Highway 20, Lucerne, and identified as Assessor Parcel Numbers 034-421-20 and 034-421-21, will have measures that will reduce potential impacts to 'less than significant levels' through the mitigation measures set forth within Initial Study IS 22-06 and with the findings listed in the staff report dated March 24, 2022.
B. Design Review Approval DR 21-01
I move that the Planning Commission find that the Design Review Permit (DR 21-01 applied for by Nicole Farb on property located at 5835 & 5825 State Highway 20, Lucerne, and identified as Assessor Parcel Numbers 034-421-20 and 034-421-21 meets the requirements of Section 54.5 of the Lake County Zoning Ordinance and hereby approve the Design Review Permit with the findings listed in the staff report dated March 24, 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
Item # 2
9:05 a.m.
March 24, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: Michael Taylor, Eric Porter
SUBJECT: Design Review for Nikki Island; DR21-01, IS 22-06
DATE: March 24, 2022
ATTACHMENTS: 1. Vicinity Map
2. Site Plan (revised); Vanderwall, dated Spring, 2020
3. Building Elevations
4. Agency Comments
5. Proposed Conditions
6. Photos of Site
7. Landscape Plan; Vanderwall, dated February 2022
8. Lighting Plan
9. Initial Study IS 22-06
This staff report includes five sections (Sections I through V). Section I provides an executive summary of the proposed project; Section II provides site specific details of the proposed project and the surrounding uses and zoning, as well as site specific environmental information, and how the proposed project is in conformance with different plans that provide a blueprint for development within the County, and the regulations that implement those plans. Section III provides an evaluation of why this project is exempt from further evaluation under the California Environmental Quality Act (CEQA. Section IV includes recommendations on actions that the Planning Commission can take for approval of the proposed project; and Section V provides staff's recommendations for sample motions.
I. EXECUTIVE SUMMARY
The applicant is requesting approval of Design Review for a commercial resort which would include the following improvements:
* Nine (9) new overnight lodging units; two sizes (three are 12' x 14'; six are 12' x 24')
* Conversion of an existing residential structure (approx. 2175 square feet) to a lobby, dining room
* Conversion of the existing studio to an ADA bathroom
* Concrete patio with pool and in-ground hot tub secured with iron fence
* Outdoor kitchen area
* Fire pit with seating area
* Sauna
* Fourteen (14) parking spaces and one (1) ADA van accessible parking space.
* Decomposed granite walkways to be added
* Six (6) foot high perimeter wood fence
* Eight (8) foot high bamboo fence in between resort overnight lodging area and parking area
* Trash enclosure, approximately 14' x 12' in size
* Boat dock and pier (approved lakebed permit 2020-25 Farb)
* Removal of old asphalt driveway and existing 200 sq. ft. shed
* Removal of westerly driveway and gate (requested by CalTrans)
* On-site manager 7 a.m. to 7 p.m.; on site staff 7 p.m. to 7 a.m.
Staff recommends approval of DR 21-01 and adoption of a Mitigated Negative Declaration, file no. IS 22-06. .
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
A. Find that this project can be brought to 'less than significant' levels through the application of specific mitigation measures based on the project's overall impacts as follows:
1. Potential Air Quality-related impacts can be brought to 'less than significant' through mitigation measures AQ-1, AQ-2, AQ-3 and AQ-4.
2. Potential impacts to Biological Resources can be brought to 'less than significant' through mitigation measures BIO-1 and BIO-2.
3. Potential impacts to Cultural / Tribal resources can be brought to 'less than significant' through mitigation measures CUL-1 and CUL-2.
4. Potential impacts related to Noise can be brought to 'less than significant' through mitigation measures NOI-1 and NOI-2.
5. Potential cumulative impacts associated with this project are adequately addressed through the mitigation measures identified above.
B. Approve DR 21-01 with the following findings:
1. The project is in substantial conformance with the Lake County Zoning Ordinance, the Lake County General Plan and the Shoreline Communities Area Plan.
2. The project is compatible with surrounding land uses.
The resort meets the design requirements and compatibility requirements found within the Shoreline Community Area Plan.
3. The parcel is of adequate size to support the proposed resort use.
4. The existing roads and pedestrian facilities are adequate to support the proposed use with the removal of the westerly driveway as is identified in this report. This will also require the removal of 1,100 sq. ft. of asphalt.
5. There are adequate water, sewer and power services to serve the project.
6. This project will not result in any significant adverse environmental impacts and a Categorical Exemption is being requested.
7. That no violation of Chapters 5, 17, 21, 23, or 26 of the Lake County Code currently exists on the property.
V. RECOMMENDED MOTIONS
A. Initial Study IS 22-06:
I move that the Planning Commission find that this project, applied for by Nicole Farb on property located at 5835 & 5825 State Highway 20, Lucerne, and identified as Assessor Parcel Numbers 034-421-20 and 034-421-21, will have measures that will reduce potential impacts to 'less than significant levels' through the mitigation measures set forth within Initial Study IS 22-06 and with the findings listed in the staff report dated March 24, 2022.
B. Design Review Approval DR 21-01
I move that the Planning Commission find that the Design Review Permit (DR 21-01 applied for by Nicole Farb on property located at 5835 & 5825 State Highway 20, Lucerne, and identified as Assessor Parcel Numbers 034-421-20 and 034-421-21 meets the requirements of Section 54.5 of the Lake County Zoning Ordinance and hereby approve the Design Review Permit with the findings listed in the staff report dated March 24, 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.
6c.9:10 a.m. Public Hearing on Consideration of Major Use Permit (UP 20-11) and a Mitigated Negative Declaration (IS 20-11). The Applicant, Peter Simon / Pasta Farms is proposing: (11) A-Type 3 Licenses for outdoor cultivation, (4) would convert to greenhouse, A-Type 3B Licenses over a four year time frame in four stages. Project stages are as follows:
Stage I – year 2022 – 479,160 sq. ft. of outdoor canopy; 715,000 sq. ft. of outdoor cultivation, plus 47,201 sq. ft. of nursery / drying building for a total of 762,201 sq. ft. of outdoor cultivation area.
Stage II – year 2023 - conversion of Area 9 from outdoor to greenhouse (eliminates 65,000 sq. ft. of outdoor cultivation area; adds 26,901 sq. ft. of mixed light cultivation area).
697,201 sq. ft. of total outdoor cultivation area
26,901 sq. ft. of total mixed light cultivation area
Stage III – year 2024. Conversion of Area 8 from outdoor cultivation to mixed light (greenhouse) cultivation.
632,201 sq. ft. of total outdoor cultivation area
53,802 sq. ft. of total mixed light cultivation area
Stage IV – year 2025. Conversion of Areas 6 and 7 from outdoor cultivation to mixed light (greenhouse) cultivation.
502,201 sq. ft. of total outdoor cultivation area
107,604 sq. ft. of total mixed light (greenhouse) cultivation area
The project is located at 10750, 11000, and 10417 Seigler Springs North Rd. and 10833 Diener Dr., Kelseyville CA., and further described as APNs 115-004-01, 115-004-05, 115-004-07 (well site) and 115-004-08.
Public Hearing
Staff memo
RE: Pasta Farms; Major Use Permit (UP 20-11) and Initial Study (IS 20-11)
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Site Plans
3. Property Management Plan
4. Agency Comments
5. Proposed Conditions of Approval
6. Initial Study IS 20-11
7. Public Comment
8. Well Tests and Hydrology Study, Vanderwall Engineering, Aug. 11, 2021
This staff report includes nine sections (Sections I through IX). Section I provides an executive summary of the proposed project. Section II provides site specific details of the proposed project, and the surrounding uses and zoning. Section III provides a description of the project. Section IV provides the project analysis and conformance with the General Plan, Kelseyville Area Plan, and the applicable sections of the Zoning Ordinance. Section V evaluates compliance with required findings for a major use permit as found in Article 51.4 of the Zoning Ordinance. Section VI evaluates compliance with findings for commercial cannabis cultivation projects as found in Article 27(at). Section VII provides a summary of the potential environmental impacts and mitigation measures to reduce those impacts in compliance with the California Environmental Quality Act (CEQA), as covered in the initial study. Section VIII includes recommendations on actions that the Planning Commission can take for a decision of a major use permit. Section IX provides recommended motions for an approval decision of the proposed project.
I. EXECUTIVE SUMMARY
Background. This application was brought to the Planning Commission on July 22, 2021. During the hearing, it became known that the well being used by Pasta Farms was being used for three properties, however the well, owned by the neighboring O'Gormans, had an easement that only allowed two lots to benefit from the shared well. The item was continued indefinitely in order to resolve the water issue.
Pasta Farms then purchased the O'Gorman property in late 2021. The well needed to irrigate the Pasta Farms cultivation sites is now exclusively owned by Pasta Farms. This enabled the County to proceed with the final review of this land use application.
Scope of Project. The applicant is requesting a major use permit for 11 A-Type 3 "Medium Outdoor" cultivation areas, four of which would convert to greenhouse (A-Type 3B) licenses over a four year time-frame in four stages. Project specifics are as follows:
* Stage Ia -2021 (done in 2021): Early activation consisting of 9 acres of outdoor canopy within a 585,000 sq. ft. of outdoor cultivation area.
Stage Ib - 2022 (post approval): 479,160 sq. ft. of outdoor canopy; 715,000 sq. ft. of outdoor cultivation, plus 47,201 sq. ft. of immature plants / drying building for a total of 762,201 sq. ft. of outdoor cultivation area.
* Stage II - 2023: Conversion of Area 9 from outdoor to greenhouse (eliminates 65,000 sq. ft. of outdoor cultivation area and adds 26,901 sq. ft. of mixed-light cultivation area).
Year 2023 (Stage II) Totals:
697,201 sq. ft. of outdoor cultivation area
26,901 sq. ft. of mixed-light cultivation area
* Stage III - 2024. Conversion of Area 8 from outdoor cultivation to mixed-light (greenhouse) cultivation.
Year 2024 (Stage III) totals:
632,201 sq. ft. of outdoor cultivation area
53,802 sq. ft. of mixed-light cultivation area
* Stage IV - 2025. Conversion of Areas 6 and 7 from outdoor cultivation to mixed light (greenhouse) cultivation.
Year 2025 (Stage IV) totals:
502,201 sq. ft. of outdoor cultivation area
107,604 sq. ft. of mixed-light (greenhouse) cultivation area
The applicant is also proposing the following structures, areas and site improvements:
* 22,000 sq. ft. agricultural building (existing)
* 27,201 sq. ft. nursery area (proposed); greenhouses for immature plants
* Four 22,000 sq. ft. greenhouses for Areas 6, 7, 8 and 9
* 113 hoop houses
* One (1) 300,000 gallon water storage tank (existing)
The property is located at 10750, 10417 and 11000 Seigler Springs North Road and 10833 Diener Drive, Kelseyville, CA 95451, and consists of APNs: 115-004-05; 115-004-08; 115-004-01 and 115-004-07 (well site).
AERIAL OF SITE AND PROPERTY BOUNDARIES
Source: Application materials submitted by Applicant
II. RECOMMENDATION
Staff recommends the Planning Commission:
A. Adopt mitigated negative declaration (IS 20-11) for Use Permit (UP 20-11) with the following findings:
1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1.
2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 and AQ-2.
3. Potential environmental impacts related to biological resources can be mitigated to 'less than significant' levels with the inclusion of mitigation measure BIO-1.
4. Potential environmental impacts related to cultural / geological (prehistoric) and tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CR-1, CR-2, CR-3, CR-4, CR-5 and CR-6.
5. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant impacts with mitigation measures GEO-1, GEO-2 and GEO-3.
6. Potential environmental impacts related to Noise can be mitigated to less than significant impacts with mitigation measures NOI-1, NOI-2 and NOI-3.
7. Potential environmental impacts related to cumulative impacts can be mitigated to less than significant with the afore-mentioned mitigation measures.
8. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts.
B. Approve Use Permit UP 20-11 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.
7. The proposed use complies with all applicable development standards.
8. The applicant is qualified to make the application.
9. The application complies with the qualifications for a commercial cannabis permit.
10. 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.
III. SAMPLE MOTIONS:
Mitigated Negative Declaration (IS 20-11)
I move that the Planning Commission find that the Initial Study (IS 20-11) applied for by Pasta Farms on property located at 10750, 11000 and 10417 Seigler Springs North Road and 10833 Diener Drive, Kelseyville, and further described as APNs: 115-004-01, 05, 07 and 08 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings as stated in the staff report dated March 24, 2022.
Major Use Permit (UP 20-11)
I move that the Planning Commission find that the Use Permit (UP 20-11) applied for by Pasta Farms on property located at 10750, 11000 and 10417 Seigler Springs North Road and 10833 Diener Drive, Kelseyville, and further described as APNs: 115-004-01, 05, 07 and 08 be granted subject to the conditions and with the findings listed in the staff report dated March 24, 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
9:10 a.m.
Item 3
March 24, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: March 24, 2022
RE: Pasta Farms; Major Use Permit (UP 20-11) and Initial Study (IS 20-11)
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Site Plans
3. Property Management Plan
4. Agency Comments
5. Proposed Conditions of Approval
6. Initial Study IS 20-11
7. Public Comment
8. Well Tests and Hydrology Study, Vanderwall Engineering, Aug. 11, 2021
This staff report includes nine sections (Sections I through IX). Section I provides an executive summary of the proposed project. Section II provides site specific details of the proposed project, and the surrounding uses and zoning. Section III provides a description of the project. Section IV provides the project analysis and conformance with the General Plan, Kelseyville Area Plan, and the applicable sections of the Zoning Ordinance. Section V evaluates compliance with required findings for a major use permit as found in Article 51.4 of the Zoning Ordinance. Section VI evaluates compliance with findings for commercial cannabis cultivation projects as found in Article 27(at). Section VII provides a summary of the potential environmental impacts and mitigation measures to reduce those impacts in compliance with the California Environmental Quality Act (CEQA), as covered in the initial study. Section VIII includes recommendations on actions that the Planning Commission can take for a decision of a major use permit. Section IX provides recommended motions for an approval decision of the proposed project.
I. EXECUTIVE SUMMARY
Background. This application was brought to the Planning Commission on July 22, 2021. During the hearing, it became known that the well being used by Pasta Farms was being used for three properties, however the well, owned by the neighboring O'Gormans, had an easement that only allowed two lots to benefit from the shared well. The item was continued indefinitely in order to resolve the water issue.
Pasta Farms then purchased the O'Gorman property in late 2021. The well needed to irrigate the Pasta Farms cultivation sites is now exclusively owned by Pasta Farms. This enabled the County to proceed with the final review of this land use application.
Scope of Project. The applicant is requesting a major use permit for 11 A-Type 3 "Medium Outdoor" cultivation areas, four of which would convert to greenhouse (A-Type 3B) licenses over a four year time-frame in four stages. Project specifics are as follows:
* Stage Ia -2021 (done in 2021): Early activation consisting of 9 acres of outdoor canopy within a 585,000 sq. ft. of outdoor cultivation area.
Stage Ib - 2022 (post approval): 479,160 sq. ft. of outdoor canopy; 715,000 sq. ft. of outdoor cultivation, plus 47,201 sq. ft. of immature plants / drying building for a total of 762,201 sq. ft. of outdoor cultivation area.
* Stage II - 2023: Conversion of Area 9 from outdoor to greenhouse (eliminates 65,000 sq. ft. of outdoor cultivation area and adds 26,901 sq. ft. of mixed-light cultivation area).
Year 2023 (Stage II) Totals:
697,201 sq. ft. of outdoor cultivation area
26,901 sq. ft. of mixed-light cultivation area
* Stage III - 2024. Conversion of Area 8 from outdoor cultivation to mixed-light (greenhouse) cultivation.
Year 2024 (Stage III) totals:
632,201 sq. ft. of outdoor cultivation area
53,802 sq. ft. of mixed-light cultivation area
* Stage IV - 2025. Conversion of Areas 6 and 7 from outdoor cultivation to mixed light (greenhouse) cultivation.
Year 2025 (Stage IV) totals:
502,201 sq. ft. of outdoor cultivation area
107,604 sq. ft. of mixed-light (greenhouse) cultivation area
The applicant is also proposing the following structures, areas and site improvements:
* 22,000 sq. ft. agricultural building (existing)
* 27,201 sq. ft. nursery area (proposed); greenhouses for immature plants
* Four 22,000 sq. ft. greenhouses for Areas 6, 7, 8 and 9
* 113 hoop houses
* One (1) 300,000 gallon water storage tank (existing)
The property is located at 10750, 10417 and 11000 Seigler Springs North Road and 10833 Diener Drive, Kelseyville, CA 95451, and consists of APNs: 115-004-05; 115-004-08; 115-004-01 and 115-004-07 (well site).
AERIAL OF SITE AND PROPERTY BOUNDARIES
Source: Application materials submitted by Applicant
II. RECOMMENDATION
Staff recommends the Planning Commission:
A. Adopt mitigated negative declaration (IS 20-11) for Use Permit (UP 20-11) with the following findings:
1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1.
2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 and AQ-2.
3. Potential environmental impacts related to biological resources can be mitigated to 'less than significant' levels with the inclusion of mitigation measure BIO-1.
4. Potential environmental impacts related to cultural / geological (prehistoric) and tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CR-1, CR-2, CR-3, CR-4, CR-5 and CR-6.
5. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant impacts with mitigation measures GEO-1, GEO-2 and GEO-3.
6. Potential environmental impacts related to Noise can be mitigated to less than significant impacts with mitigation measures NOI-1, NOI-2 and NOI-3.
7. Potential environmental impacts related to cumulative impacts can be mitigated to less than significant with the afore-mentioned mitigation measures.
8. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts.
B. Approve Use Permit UP 20-11 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.
7. The proposed use complies with all applicable development standards.
8. The applicant is qualified to make the application.
9. The application complies with the qualifications for a commercial cannabis permit.
10. 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.
III. SAMPLE MOTIONS:
Mitigated Negative Declaration (IS 20-11)
I move that the Planning Commission find that the Initial Study (IS 20-11) applied for by Pasta Farms on property located at 10750, 11000 and 10417 Seigler Springs North Road and 10833 Diener Drive, Kelseyville, and further described as APNs: 115-004-01, 05, 07 and 08 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings as stated in the staff report dated March 24, 2022.
Major Use Permit (UP 20-11)
I move that the Planning Commission find that the Use Permit (UP 20-11) applied for by Pasta Farms on property located at 10750, 11000 and 10417 Seigler Springs North Road and 10833 Diener Drive, Kelseyville, and further described as APNs: 115-004-01, 05, 07 and 08 be granted subject to the conditions and with the findings listed in the staff report dated March 24, 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.
6d.9:15 a.m. Public Hearing to consider Major Use Permit (UP22-02) and a Mitigated Negative Declaration (IS 22-02). The Applicant: Wais Amin/ Green Bear Cali Farms is proposing sixteen (16) additional greenhouses totaling 2, 304 sq. ft. and one A-Type 13 Self Distribution License to allow legal transportation of cannabis to and from the site. The project is located at 4680 Clark Drive, Kelseyville, CA and further described as APN 008-042-04.
Public Hearing
Staff memo
RE: Green Bear Cali LLC; Major Use Permit for Commercial Cannabis Cultivation and Initial Study Addendum (amends IS 18-43).
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Original Conditions of Approval
3. New Conditions of Approval
4. Agency Comments
5. Revised Site Plan
6. Initial Study (IS 18-43) Addendum, Memos
7. Water Availability Analysis and Hydrology Report
8. Revised Project Description
This staff report includes ten sections (Sections I through X).
* Section I provides an executive summary of the proposed project;
* Section II provides site specific details of the proposed project.
* Section III provides site settings including a cumulative water analysis.
* Section IV provides an analysis with the General Plan, the Kelseyville Area Plan, and the applicable sections of the Zoning Ordinance.
* Section V provides Findings for Approval of a major use permit as found in Lake County Zoning Ordinance, Article 51.4.
* Section VI provides Findings for Approval as found in Lake County Zoning Ordinance, Article 27.11(at).
* Section VII provides a summary of the potential environmental impacts and mitigation measures necessary to reduce those impacts to 'less than significant' in compliance with the California Environmental Quality Act (CEQA).
* Section VIII lists public comments associated with this project.
* Section IX lists staff recommendations on actions that the Planning Commission can take for the proposed project; and
* Section X provides staff's recommendations for sample motions.
I. EXECUTIVE SUMMARY
On March 28, 2019, the Planning Commission approved Use Permit UP 18-35 on the subject site (Attachment 2). The original use permit approval was for 49,728 square feet of Mixed-light cultivation area comprised of 46,080 square feet of canopy area within (20) 2,304 sq. ft. greenhouses; a 3,000 sq. ft. metal processing building, two existing 330 sq. ft. covered workstations, and a 1,460 sq. ft. greenhouse for immature canopy. Please see Attachment 2. The site uses an existing permitted groundwater well, and a drip-micro spray irrigation system for water conservation. Please see Attachment 7.
On July 9, 2021, the County received an application for a modification to the cultivation area to enable the applicant to place sixteen (16) additional 96' x 32' greenhouses on the site for cultivation purposes. Twelve of the greenhouses were to be used for mature plants, and four greenhouses to be used as nurseries for immature plants.
Staff then amended the Initial Study, IS 18-43 to reflect the proposed changes, and submitted the amended Initial Study to the State Clearinghouse, along with four support documents. Following the submittal of the amended Initial Study, the County determined that a modification was not the proper process due to the scope of the project, and a new use permit application was required.
The original approval was for 49,728 sq. ft. of cultivation area and 46,080 sq. ft. of canopy area. However, the actual canopy area within the 20 approved greenhouses was determined to be 27,900 sq. ft., about 20,000 sq. ft. less than what had been approved in 2019. This is because of the plant spacing, and because of clear space in between the plants that is necessary to allow for trimming and plant maintenance.
Although the new use permit adds 16 additional greenhouses, the total canopy area will not change from the originally approved canopy area due to the decreased density of plants inside of the greenhouses.
The new use permit would bring the total canopy area to 46,035 sq. ft., slightly less than what the applicant was originally approved for in 2019. The proposed Mixed-light canopy area of 46,035 sq. ft. is allowed on the 54.6 acre property per Article 27(at) subject to a use permit. Please see Attachments 5 and 8.
The total disturbed area was approved at 75,262 sq. ft. inside the fenced enclosure. The expanded area is a 48,158 sq. ft. increase in size, bringing the total disturbed area to 123,420 sq. ft., although 75,262 sq. ft. disturbance has already occurred in 2019. The size of the disturbed area is relevant to the CEQA evaluation, but does not affect the taxable cultivation or allowable canopy area.
The 54.6 acre subject site takes access from Clark Drive, a paved, County-maintained road. Please see Attachment 1. The road is relatively flat at this location, and has good visibility entering and leaving the site.
The original application included a Biological Assessment and a Cultural Resource Evaluation, both of which included the 'expansion area' proposed for the new nurseries. Addendums for the Biological and Archaeological survey were provided with this new use permit application, indicating that the expansion area was surveyed as part of the original Biological and Cultural Surveys that occurred for UP 18-35. Staff has received comments from notified agencies (Attachment 4); no adverse comments were received for this project.
Staff is recommending Approval with Conditions of UP 22-02.
II. RECOMMENDATION
Staff recommends the Planning Commission:
A. Adopt the Initial Study Addendum (IS 18-43) for Use Permit UP 22-02 with the following findings:
1. Potential environmental impacts related to aesthetics can be mitigation to 'less than significant' through the implementation of mitigation measure AES-01.
2. Potential environmental impacts related to air quality and odor can be mitigation to 'less than significant' through the implementation of mitigation measures AQ-1 through AQ-8.
3. Potential environmental impacts related to Cultural and Tribal resources can be mitigation to 'less than significant' through the implementation of mitigation measures CUL-1 and CUL-2.
4. Potential environmental impacts related to noise impacts can be mitigation to 'less than significant' through the implementation of mitigation measures NOI-1, NOI-2 and NOI-3.
5. Potential environmental impacts related to cumulative impacts can be mitigation to 'less than significant' through the implementation of mitigation measures established within 1, 2, 3 and 4 above.
6. This project will have 'less than significant' environmental impacts based on the analysis provided in the Initial Study addendum for IS 18-43, and the subsequent mitigation measures established in the Addendum and as stated herein.
B. Approve Use Permit UP 22-02 with the following findings:
1. That the project complies with the required findings for approval of a major use permit as are described in Lake County Zoning Ordinance, 51.4.
2. 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.
3. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed.
4. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use.
5. There are adequate services to serve the project.
6. This project is consistent with the Lake County General Plan, Kelseyville Area Plan and Lake County Zoning Ordinance.
7. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property.
8. The proposed use complies with all applicable development standards.
9. The applicant is qualified to make the application.
10. The application complies with the qualifications for a permit.
X. SAMPLE MOTIONS:
Initial Study Addendum (IS 18-43)
I move that the Planning Commission find that that the addendum to the Initial Study IS 18-43 applied for by Green Bear Cali LLC on a property located at 4680 Clark Drive, Kelseyville, further described as APN: 008-042-04 will not have a significant effect on the environment, and impacts resulting from this project can be mitigated with specific mitigation measures being added as conditions of approval, and with the findings listed in the staff report dated March 24, 2022.
Use Permit (UP 22-02)
I move that the Planning Commission find that the Use Permit (UP 22-02) applied for by Green Bear Cali LLC on a property located at 4680 Clark Drive, Kelseyville, further described as APN: 008-042-04 does meet the requirements of Sections 5, 51.4 and 60 of the Lake County Zoning Ordinance and the Modification be granted subject to the conditions and with the findings listed in the staff report dated March 24, 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 Commission's final determination.
Original memo text
Memorandum
Item #4
9:15 a.m.
March 24, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: March 24, 2022
RE: Green Bear Cali LLC; Major Use Permit for Commercial Cannabis Cultivation and Initial Study Addendum (amends IS 18-43).
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Original Conditions of Approval
3. New Conditions of Approval
4. Agency Comments
5. Revised Site Plan
6. Initial Study (IS 18-43) Addendum, Memos
7. Water Availability Analysis and Hydrology Report
8. Revised Project Description
This staff report includes ten sections (Sections I through X).
* Section I provides an executive summary of the proposed project;
* Section II provides site specific details of the proposed project.
* Section III provides site settings including a cumulative water analysis.
* Section IV provides an analysis with the General Plan, the Kelseyville Area Plan, and the applicable sections of the Zoning Ordinance.
* Section V provides Findings for Approval of a major use permit as found in Lake County Zoning Ordinance, Article 51.4.
* Section VI provides Findings for Approval as found in Lake County Zoning Ordinance, Article 27.11(at).
* Section VII provides a summary of the potential environmental impacts and mitigation measures necessary to reduce those impacts to 'less than significant' in compliance with the California Environmental Quality Act (CEQA).
* Section VIII lists public comments associated with this project.
* Section IX lists staff recommendations on actions that the Planning Commission can take for the proposed project; and
* Section X provides staff's recommendations for sample motions.
I. EXECUTIVE SUMMARY
On March 28, 2019, the Planning Commission approved Use Permit UP 18-35 on the subject site (Attachment 2). The original use permit approval was for 49,728 square feet of Mixed-light cultivation area comprised of 46,080 square feet of canopy area within (20) 2,304 sq. ft. greenhouses; a 3,000 sq. ft. metal processing building, two existing 330 sq. ft. covered workstations, and a 1,460 sq. ft. greenhouse for immature canopy. Please see Attachment 2. The site uses an existing permitted groundwater well, and a drip-micro spray irrigation system for water conservation. Please see Attachment 7.
On July 9, 2021, the County received an application for a modification to the cultivation area to enable the applicant to place sixteen (16) additional 96' x 32' greenhouses on the site for cultivation purposes. Twelve of the greenhouses were to be used for mature plants, and four greenhouses to be used as nurseries for immature plants.
Staff then amended the Initial Study, IS 18-43 to reflect the proposed changes, and submitted the amended Initial Study to the State Clearinghouse, along with four support documents. Following the submittal of the amended Initial Study, the County determined that a modification was not the proper process due to the scope of the project, and a new use permit application was required.
The original approval was for 49,728 sq. ft. of cultivation area and 46,080 sq. ft. of canopy area. However, the actual canopy area within the 20 approved greenhouses was determined to be 27,900 sq. ft., about 20,000 sq. ft. less than what had been approved in 2019. This is because of the plant spacing, and because of clear space in between the plants that is necessary to allow for trimming and plant maintenance.
Although the new use permit adds 16 additional greenhouses, the total canopy area will not change from the originally approved canopy area due to the decreased density of plants inside of the greenhouses.
The new use permit would bring the total canopy area to 46,035 sq. ft., slightly less than what the applicant was originally approved for in 2019. The proposed Mixed-light canopy area of 46,035 sq. ft. is allowed on the 54.6 acre property per Article 27(at) subject to a use permit. Please see Attachments 5 and 8.
The total disturbed area was approved at 75,262 sq. ft. inside the fenced enclosure. The expanded area is a 48,158 sq. ft. increase in size, bringing the total disturbed area to 123,420 sq. ft., although 75,262 sq. ft. disturbance has already occurred in 2019. The size of the disturbed area is relevant to the CEQA evaluation, but does not affect the taxable cultivation or allowable canopy area.
The 54.6 acre subject site takes access from Clark Drive, a paved, County-maintained road. Please see Attachment 1. The road is relatively flat at this location, and has good visibility entering and leaving the site.
The original application included a Biological Assessment and a Cultural Resource Evaluation, both of which included the 'expansion area' proposed for the new nurseries. Addendums for the Biological and Archaeological survey were provided with this new use permit application, indicating that the expansion area was surveyed as part of the original Biological and Cultural Surveys that occurred for UP 18-35. Staff has received comments from notified agencies (Attachment 4); no adverse comments were received for this project.
Staff is recommending Approval with Conditions of UP 22-02.
II. RECOMMENDATION
Staff recommends the Planning Commission:
A. Adopt the Initial Study Addendum (IS 18-43) for Use Permit UP 22-02 with the following findings:
1. Potential environmental impacts related to aesthetics can be mitigation to 'less than significant' through the implementation of mitigation measure AES-01.
2. Potential environmental impacts related to air quality and odor can be mitigation to 'less than significant' through the implementation of mitigation measures AQ-1 through AQ-8.
3. Potential environmental impacts related to Cultural and Tribal resources can be mitigation to 'less than significant' through the implementation of mitigation measures CUL-1 and CUL-2.
4. Potential environmental impacts related to noise impacts can be mitigation to 'less than significant' through the implementation of mitigation measures NOI-1, NOI-2 and NOI-3.
5. Potential environmental impacts related to cumulative impacts can be mitigation to 'less than significant' through the implementation of mitigation measures established within 1, 2, 3 and 4 above.
6. This project will have 'less than significant' environmental impacts based on the analysis provided in the Initial Study addendum for IS 18-43, and the subsequent mitigation measures established in the Addendum and as stated herein.
B. Approve Use Permit UP 22-02 with the following findings:
1. That the project complies with the required findings for approval of a major use permit as are described in Lake County Zoning Ordinance, 51.4.
2. 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.
3. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed.
4. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use.
5. There are adequate services to serve the project.
6. This project is consistent with the Lake County General Plan, Kelseyville Area Plan and Lake County Zoning Ordinance.
7. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property.
8. The proposed use complies with all applicable development standards.
9. The applicant is qualified to make the application.
10. The application complies with the qualifications for a permit.
X. SAMPLE MOTIONS:
Initial Study Addendum (IS 18-43)
I move that the Planning Commission find that that the addendum to the Initial Study IS 18-43 applied for by Green Bear Cali LLC on a property located at 4680 Clark Drive, Kelseyville, further described as APN: 008-042-04 will not have a significant effect on the environment, and impacts resulting from this project can be mitigated with specific mitigation measures being added as conditions of approval, and with the findings listed in the staff report dated March 24, 2022.
Use Permit (UP 22-02)
I move that the Planning Commission find that the Use Permit (UP 22-02) applied for by Green Bear Cali LLC on a property located at 4680 Clark Drive, Kelseyville, further described as APN: 008-042-04 does meet the requirements of Sections 5, 51.4 and 60 of the Lake County Zoning Ordinance and the Modification be granted subject to the conditions and with the findings listed in the staff report dated March 24, 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 Commission's final determination.
7.Non-Timed Items
8.Department Update
9.Adjournment