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Planning Commission — Thursday, January 13, 2022

9:00 AM · Board Chambers

Approved minutes (PDF)

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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
5.Public Input
6.Timed Items - Public Hearings
6a.9:05 A.M. Public hearing on consideration of a Major Use Permit (UP 20-75) and a Mitigated Negative Declaration (IS 20-88). The project applicant North Coast Select, Inc., is proposing a co-location/clustering of permits for cannabis cultivation operation to allow 70,560 square feet mixed-light canopy area within greenhouses equipped with air filtration systems in a total of 168,680 square feet cultivation area. The project includes additional greenhouses for immature plants, a processing facility, a drying building, thirty-two 2,500 gallon water tanks, security, and a perimeter fence. The project is located at 1496 Bell Hill Road, Kelseyville, CA; and further described as A.P.N. (s): 017-002-02, 007-010-24, and 017-002-01. Public Hearing
Staff memo

Date: January 13, 2022 · To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: Sateur Ham, Assistant Planner

RE: North Coast Select, Major Use Permit (UP 20-75), Initial Study (IS 20-88) Supervisor District Tina Scott Planning Commissioner Christina Price ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Site Visit Photos 6. Initial Study 7. Agency Comments/Public comments EXECUTIVE SUMMARY North Coast Select, Inc. is seeking approval for a Major Use Permit to cultivate cannabis with a 70,560 square feet canopy area and a 168,680 square feet cultivation area. The project site is located at 1496 Bell Hill Road, Kelseyville, CA, with assessor's parcel number (APN) 017-002-02, and zoning as follows: * (3) A-Type 3B: "mixed-light" license: Greenhouse cultivation for adult-use cannabis with the use of artificial lighting in the canopy area from 10,001 square feet to 22,000 square feet The applicant proposes 66,000 square feet of mixed-light canopy area within eight (8) 96' x 140' greenhouses. * (2) A-Type 1C: "mixed-light specialty cottage" license: Greenhouse cultivation for adult-use cannabis with the use of artificial lighting in the canopy area up to 2,500 square feet The applicant proposes the remaining 4,560 square feet of mixed-light canopy area within one (1) of the eight (8) 96' x 140' greenhouses. * A-Type 13 Self Distribution license The project also proposes: ? (4) 96 feet x 140 feet immature plant greenhouses ? (1) 50 feet x 100 feet processing facility with ADA-compliant restroom ? (1) 40 feet x 60 feet drying building ? (32) 2,500-gallon water tanks, one being steel or fiberglass for fire suppression where every four water tanks will be situated adjacent to each greenhouse structure ? (1) existing on-site well for water use ? 20 feet-wide access driveway from Bell Hill Rd. ? (18) employee parking spaces, including one (1) ADA-compliant parking space ? (1) loading zone ? Perimeter fence and security cameras The proposed phases of development is as described in the table below: Phases Description 1 Once the Permit is fully approved, North Coast Select will apply for the building permits for the first proposed 96 feet x 140 feet greenhouse and 40 feet x 60 feet drying building. Four (4) 2,500 water tanks will be located adjacent to the greenhouse. The canopy area will be 8,820 square feet with a cultivation area of 15,840 square feet. 2 In the second year, two (2) additional 96 feet x 140 feet greenhouses and one (1) 96 feet x 140 feet immature plant greenhouse will be built. Eight (8) additional 2,500-gallon water tanks will be added. The canopy area will total 26,460 square feet with a cultivation area of 56,160 square feet. 3 In the third year, three (3) additional 96 feet x 140 feet greenhouses, 1 additional 96 feet x 140 feet immature plant greenhouse, and the 50 feet x 100 feet processing facility will be built. Twelve (12) additional storage tanks will be added. The canopy area will total 52,920 square feet with a cultivation area of 114,920 square feet. 4 In the fourth year, two (2) additional 96 feet x 140 feet greenhouses and two (2) additional 96 feet x 140 feet immature plant greenhouses will be built. Eight (8) water tanks will be added to the cultivation site. The canopy area will total 70,560 square feet with a cultivation area of 168,680 square feet. 5 At the end of the year 2024, the project will be fully complete with eight (8) 96 feet x 140 feet greenhouses, four (4) 96 feet x 140 feet immature plant greenhouses, one 40 feet x 60 feet dry building, and one 50 feet x 100 feet processing facility. All thirty-two (32) water tanks will be onsite. All growing methods are proposed above ground in hardware cloth smart pots. The total cultivation area will be 70,560 square feet with a cultivation area of 168,680 square feet. In compliance with Article 27, the collocation and clustering of contiguous parcels APNs 007-010-24 and 017-002-01 will allow for additional permits, however, both parcels would not be developed and are subjected to deed restrictions. All developments will only occur on APN 017-002-02 (Figure 1). There will be no tree removals, and cultivation activities would occur in an open flat area on previously used vineyard land. The 70,560 square feet of mixed-light cultivation would occur in eight (8) 96 feet x 140 feet greenhouses constructed from galvanized steel frames with 6-millimeter polyethylene film coverings for black-out purposes. Artificial lighting for the mixed-light cultivation would occur at a rate of up to 25 watts per square foot and would operate year-round. Immature plants would either be purchased from a state-licensed retailer or cultivated onsite in the mixed-light greenhouses. Processing activities, such as drying, trimming, curing, and packaging would occur in the proposed 50 feet x 100 feet processing building and 40 feet x 60 feet drying building. Self-transport distribution activities would also operate out of these processing buildings and would include up to 1 delivery/pickup per day. Water for the proposed project would be sourced from two existing onsite wells (38�57'40.08"N, 122�53'15.09"W and 38�57'33.17"N, 122�53'21.06"W) located in the center of the property and the southwestern corner. The well depths were not included in the report prepared by Mike Burkson on September 15 and 16, 2020, however, the well rates are 680 and 825 gallons per minute. Water would be pumped from the well to the thirty-two (32) proposed 2,500-gallon capacity water tanks, gravity-fed to the cultivation area through underground water lines, and delivered to the plants utilizing drip irrigation techniques to conserve water usage. According to the Water Use Management section of the Property Management Plan, the projected water use for the proposed 70,560 square feet of canopy area was estimated to be 1,099,624 gallons annually. Table 1 details projected monthly water use estimates for a typical year. Table 1. Proposed Monthly Water Use (Source: North Coast Select Management Plans). Power for the cultivation activities would come from a Pacific Gas and Electric (P.G.&.E.) service through the future building permit for the processing facility, greenhouses, and security system. A gasoline-powered generator would be kept onsite for use during emergencies only. The applicant shall meet all regulatory setbacks regarding the use of gasoline-powered generators at both state and local levels. Approximately Eighteen (18) employees are proposed to run the activities during peak seasonal activities. Eighteen (18) parking spots, including one (1) ADA-compliant space, would be made available to employees. One (1) delivery/trip per day is estimated. Hours of operation for the proposed activities would typically be between 8:00 a.m. and 6:00 p.m. daily, with delivery and pickup trips restricted to 9:00 a.m. -7:00 p.m. Monday through Saturday and Sunday from 12:00 p.m. to 5:00 p.m. Employees would have access to the ADA-compliant restroom proposed in the 50 feet x 100 feet processing facility. North Coast Select Inc. plans to use fully organic fertilizers and agricultural amendments including dry worm castings, Chicken and Bat Guano, MaxSea, and organic compost. Plant Therapy Organic Coastal Mix would be used for pests. All of the fertilizers, nutrients, and pesticides will only be purchased and delivered to the property as needed. They will be stored separately in the secure storage shed, in their original containers, and used as directed by the manufacturer. All pesticides/fertilizers will be mixed/prepared on an impermeable surface with secondary containment, at least 100 feet from surface water bodies. Empty containers will be disposed of by placing them in a separate seal-tight bin with a fitted lid and disposed of at the local solid waste facility within the county. Any other pesticides that may be used will only be ones outlined by Divisions 6 and 7 under California Food and Agricultural Code. At no time will fertilizers/nutrients be applied at a rate greater than 319 pounds/acre/year unless plant tissue analysis performed by a qualified individual demonstrates the need for additional nitrogen application (State Water Resource Control Broad's Cannabis Cultivation Policy). Water-soluble fertilizers/nutrients will be delivered via the drip and micro-spray irrigation system(s) of the proposed cultivation operation to promote optimal plant growth and flower formation while using as little product as necessary. Petroleum products will be stored year-round in State of California-approved containers with secondary containment and separate from pesticides and fertilizers, within the ventilated processing facilities. No hazardous waste would be produced from this project. Organic waste, including stems, root balls, and leaves from the cannabis plants, would be placed in a designated composting area within the cultivation area (outside of stream buffers), to be composted and reused in the cultivation process. All non-organic solid waste would be stored in bins with securely fitted lids in the cultivation area until proper disposal at a Lake County Integrated Waste Management facility, likely Eastlake Landfill. Security for the site would include an access gate, which would remain locked outside of business hours. The gate would be secured with a heavy-duty chain, commercial-grade padlock, and a Knox Box to allow 24/7 access to emergency service vehicles in the event of an emergency. Additionally, a 6 foot-tall chain-link perimeter fence and privacy mesh screen would be constructed around the entire cultivation area and would be mounted with six (5) security cameras, per the Security Plan (Sheet 3 of Site Plans). An additional camera and security infrastructure would be located inside the proposed 50 feet x 100 feet processing facility and the 40 feet x 60 feet drying building for compliance with the Bureau of Cannabis Control regulations for distribution activities. Figure 1. Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-75, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-88) with the incorporated Mitigation Measures and Conditions of Approval. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-88) for Major Use Permit (UP 20-75) with the following findings found in Attachment 6: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-3. 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-6. 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; TRIB-1. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-5. 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-9. 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-4. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 11. 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. 12. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-75 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, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, 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 13. i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 13.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 13.ii.(i). Sample Motions: Mitigated Negative Declaration (IS 20-88) I move that the Planning Commission finds that the Mitigated Negative Declaration (IS 20-88) applied for by North Coast Select, Inc on property located at 1496 Bell Hill Road, Kelseyville, CA, further described as APNs: 017-002-02 (associated parcels: 007-010-24, & 017-002-01) 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 January 13, 2022. Major Use Permit (UP 20-75) I move that the Planning Commission find that the Major Use Permit (UP 20-75) applied for by North Coast Select, Inc on property located at 1496 Bell Hill Road, Kelseyville, CA, further described as APNs: 017-002-02 (associated parcels: 007-010-24, & 017-002-01) does meet the requirements of Section 51.4 and Article 27, Section 13(at) [i, ii(g), ii (i)] 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 January 13, 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 # 1 9:05 A.M. January 13, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Sateur Ham, Assistant Planner DATE: January 13, 2022 RE: North Coast Select, Major Use Permit (UP 20-75), Initial Study (IS 20-88) Supervisor District Tina Scott Planning Commissioner Christina Price ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Site Visit Photos 6. Initial Study 7. Agency Comments/Public comments EXECUTIVE SUMMARY North Coast Select, Inc. is seeking approval for a Major Use Permit to cultivate cannabis with a 70,560 square feet canopy area and a 168,680 square feet cultivation area. The project site is located at 1496 Bell Hill Road, Kelseyville, CA, with assessor's parcel number (APN) 017-002-02, and zoning as follows: * (3) A-Type 3B: "mixed-light" license: Greenhouse cultivation for adult-use cannabis with the use of artificial lighting in the canopy area from 10,001 square feet to 22,000 square feet The applicant proposes 66,000 square feet of mixed-light canopy area within eight (8) 96' x 140' greenhouses. * (2) A-Type 1C: "mixed-light specialty cottage" license: Greenhouse cultivation for adult-use cannabis with the use of artificial lighting in the canopy area up to 2,500 square feet The applicant proposes the remaining 4,560 square feet of mixed-light canopy area within one (1) of the eight (8) 96' x 140' greenhouses. * A-Type 13 Self Distribution license The project also proposes: ? (4) 96 feet x 140 feet immature plant greenhouses ? (1) 50 feet x 100 feet processing facility with ADA-compliant restroom ? (1) 40 feet x 60 feet drying building ? (32) 2,500-gallon water tanks, one being steel or fiberglass for fire suppression where every four water tanks will be situated adjacent to each greenhouse structure ? (1) existing on-site well for water use ? 20 feet-wide access driveway from Bell Hill Rd. ? (18) employee parking spaces, including one (1) ADA-compliant parking space ? (1) loading zone ? Perimeter fence and security cameras The proposed phases of development is as described in the table below: Phases Description 1 Once the Permit is fully approved, North Coast Select will apply for the building permits for the first proposed 96 feet x 140 feet greenhouse and 40 feet x 60 feet drying building. Four (4) 2,500 water tanks will be located adjacent to the greenhouse. The canopy area will be 8,820 square feet with a cultivation area of 15,840 square feet. 2 In the second year, two (2) additional 96 feet x 140 feet greenhouses and one (1) 96 feet x 140 feet immature plant greenhouse will be built. Eight (8) additional 2,500-gallon water tanks will be added. The canopy area will total 26,460 square feet with a cultivation area of 56,160 square feet. 3 In the third year, three (3) additional 96 feet x 140 feet greenhouses, 1 additional 96 feet x 140 feet immature plant greenhouse, and the 50 feet x 100 feet processing facility will be built. Twelve (12) additional storage tanks will be added. The canopy area will total 52,920 square feet with a cultivation area of 114,920 square feet. 4 In the fourth year, two (2) additional 96 feet x 140 feet greenhouses and two (2) additional 96 feet x 140 feet immature plant greenhouses will be built. Eight (8) water tanks will be added to the cultivation site. The canopy area will total 70,560 square feet with a cultivation area of 168,680 square feet. 5 At the end of the year 2024, the project will be fully complete with eight (8) 96 feet x 140 feet greenhouses, four (4) 96 feet x 140 feet immature plant greenhouses, one 40 feet x 60 feet dry building, and one 50 feet x 100 feet processing facility. All thirty-two (32) water tanks will be onsite. All growing methods are proposed above ground in hardware cloth smart pots. The total cultivation area will be 70,560 square feet with a cultivation area of 168,680 square feet. In compliance with Article 27, the collocation and clustering of contiguous parcels APNs 007-010-24 and 017-002-01 will allow for additional permits, however, both parcels would not be developed and are subjected to deed restrictions. All developments will only occur on APN 017-002-02 (Figure 1). There will be no tree removals, and cultivation activities would occur in an open flat area on previously used vineyard land. The 70,560 square feet of mixed-light cultivation would occur in eight (8) 96 feet x 140 feet greenhouses constructed from galvanized steel frames with 6-millimeter polyethylene film coverings for black-out purposes. Artificial lighting for the mixed-light cultivation would occur at a rate of up to 25 watts per square foot and would operate year-round. Immature plants would either be purchased from a state-licensed retailer or cultivated onsite in the mixed-light greenhouses. Processing activities, such as drying, trimming, curing, and packaging would occur in the proposed 50 feet x 100 feet processing building and 40 feet x 60 feet drying building. Self-transport distribution activities would also operate out of these processing buildings and would include up to 1 delivery/pickup per day. Water for the proposed project would be sourced from two existing onsite wells (38�57'40.08"N, 122�53'15.09"W and 38�57'33.17"N, 122�53'21.06"W) located in the center of the property and the southwestern corner. The well depths were not included in the report prepared by Mike Burkson on September 15 and 16, 2020, however, the well rates are 680 and 825 gallons per minute. Water would be pumped from the well to the thirty-two (32) proposed 2,500-gallon capacity water tanks, gravity-fed to the cultivation area through underground water lines, and delivered to the plants utilizing drip irrigation techniques to conserve water usage. According to the Water Use Management section of the Property Management Plan, the projected water use for the proposed 70,560 square feet of canopy area was estimated to be 1,099,624 gallons annually. Table 1 details projected monthly water use estimates for a typical year. Table 1. Proposed Monthly Water Use (Source: North Coast Select Management Plans). Power for the cultivation activities would come from a Pacific Gas and Electric (P.G.&.E.) service through the future building permit for the processing facility, greenhouses, and security system. A gasoline-powered generator would be kept onsite for use during emergencies only. The applicant shall meet all regulatory setbacks regarding the use of gasoline-powered generators at both state and local levels. Approximately Eighteen (18) employees are proposed to run the activities during peak seasonal activities. Eighteen (18) parking spots, including one (1) ADA-compliant space, would be made available to employees. One (1) delivery/trip per day is estimated. Hours of operation for the proposed activities would typically be between 8:00 a.m. and 6:00 p.m. daily, with delivery and pickup trips restricted to 9:00 a.m. -7:00 p.m. Monday through Saturday and Sunday from 12:00 p.m. to 5:00 p.m. Employees would have access to the ADA-compliant restroom proposed in the 50 feet x 100 feet processing facility. North Coast Select Inc. plans to use fully organic fertilizers and agricultural amendments including dry worm castings, Chicken and Bat Guano, MaxSea, and organic compost. Plant Therapy Organic Coastal Mix would be used for pests. All of the fertilizers, nutrients, and pesticides will only be purchased and delivered to the property as needed. They will be stored separately in the secure storage shed, in their original containers, and used as directed by the manufacturer. All pesticides/fertilizers will be mixed/prepared on an impermeable surface with secondary containment, at least 100 feet from surface water bodies. Empty containers will be disposed of by placing them in a separate seal-tight bin with a fitted lid and disposed of at the local solid waste facility within the county. Any other pesticides that may be used will only be ones outlined by Divisions 6 and 7 under California Food and Agricultural Code. At no time will fertilizers/nutrients be applied at a rate greater than 319 pounds/acre/year unless plant tissue analysis performed by a qualified individual demonstrates the need for additional nitrogen application (State Water Resource Control Broad's Cannabis Cultivation Policy). Water-soluble fertilizers/nutrients will be delivered via the drip and micro-spray irrigation system(s) of the proposed cultivation operation to promote optimal plant growth and flower formation while using as little product as necessary. Petroleum products will be stored year-round in State of California-approved containers with secondary containment and separate from pesticides and fertilizers, within the ventilated processing facilities. No hazardous waste would be produced from this project. Organic waste, including stems, root balls, and leaves from the cannabis plants, would be placed in a designated composting area within the cultivation area (outside of stream buffers), to be composted and reused in the cultivation process. All non-organic solid waste would be stored in bins with securely fitted lids in the cultivation area until proper disposal at a Lake County Integrated Waste Management facility, likely Eastlake Landfill. Security for the site would include an access gate, which would remain locked outside of business hours. The gate would be secured with a heavy-duty chain, commercial-grade padlock, and a Knox Box to allow 24/7 access to emergency service vehicles in the event of an emergency. Additionally, a 6 foot-tall chain-link perimeter fence and privacy mesh screen would be constructed around the entire cultivation area and would be mounted with six (5) security cameras, per the Security Plan (Sheet 3 of Site Plans). An additional camera and security infrastructure would be located inside the proposed 50 feet x 100 feet processing facility and the 40 feet x 60 feet drying building for compliance with the Bureau of Cannabis Control regulations for distribution activities. Figure 1. Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-75, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-88) with the incorporated Mitigation Measures and Conditions of Approval. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-88) for Major Use Permit (UP 20-75) with the following findings found in Attachment 6: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-3. 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-6. 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; TRIB-1. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-5. 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-9. 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-4. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 11. 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. 12. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-75 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, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, 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 13. i. 8. The applicant is qualified to apply for the permit described in Chapter 21, Article 27, Section 13.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 13.ii.(i). Sample Motions: Mitigated Negative Declaration (IS 20-88) I move that the Planning Commission finds that the Mitigated Negative Declaration (IS 20-88) applied for by North Coast Select, Inc on property located at 1496 Bell Hill Road, Kelseyville, CA, further described as APNs: 017-002-02 (associated parcels: 007-010-24, & 017-002-01) 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 January 13, 2022. Major Use Permit (UP 20-75) I move that the Planning Commission find that the Major Use Permit (UP 20-75) applied for by North Coast Select, Inc on property located at 1496 Bell Hill Road, Kelseyville, CA, further described as APNs: 017-002-02 (associated parcels: 007-010-24, & 017-002-01) does meet the requirements of Section 51.4 and Article 27, Section 13(at) [i, ii(g), ii (i)] 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 January 13, 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.
6b.9:10 A.M. Public hearing on consideration of an amendment to Major Use Permit (UP 15-15), to adopt Major Use Permit (UP 21-24) and an Addendum to a Mitigated Negative Declaration (IS 15-34). The project applicant Hilltop Recovery Services, Inc., Lori Carter-Runyon, is proposing an expansion of a substance abuse rehabilitation treatment facility to allow a total maximum capacity of 20 residences to serve only women in an existing residential home to be converted as a treatment facility. The project is located at 14725 Catholic Church Road, Clearlake Oaks, CA; and further described as APN(s): 010-046-06. Public Hearing
Staff memo

Date: January 13, 2022 · To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner Sateur Ham, Assistant Planner II · Subject: Hilltop Recovery Services, LLC, Major Use Permit (UP 21-24), Addendum to the Mitigated Negative Declaration (IS 15-34) Supervisor District Eddie Crandell Planning Commissioner Batsulwin Brown

n ATTACHMENTS: 1. Vicinity Map 2. Project Description 3. Site Plans of Existing Structures 4. Site Visit Photos 5. Proposed Conditions of Approval 6. Agency Comments/Public comments 7. Existing Use Permit (UP 15-15) EXECUTIVE SUMMARY On September 8, 2016, the Lake County Planning Commission granted Hilltop Recovery Service the approval of a use permit (UP 15-15) to allow for the operation of a community care facility. The community care facility is currently used for a men's drug and alcohol recovery home located at 14715 E. Highway 20, Clearlake Oaks, CA, also known as Assessor's Parcel Number (APN): 010-046-02. Hilltop Recovery Services has offered long-term, residential drug, and alcohol recovery services for men at this location since early activation on December 22, 2015. Their previous facility was destroyed by the Valley Fire, necessitating a quick relocation, working with the Department of Health Care Services to transfer their license and certification. The existing permit allow a total occupancy of the site to up to 42 residences on the property. The environmental analysis for this permit was prepared under Initial Study (IS 15-34) with improvements to be made prior to the operation of the project which includes road improvements to meet California Forestry and Fire commercial road standards. On December 7, 2020, the Lake County Community Development Department received a second Major Use Permit to propose an expansion to allow the total maximum capacity of 20 residences to serve only women in an existing structure on an adjacent parcel located on 14725 Catholic Church Road, Clearlake Oaks, CA (APN: 010-046-06). As a result, the expansion of the facility will span a total of two parcels. The proposed 19.57 acres site is currently developed and will utilize the existing buildings, facilities, and infrastructures including the following: * 3,521 square feet; four bedrooms and 4.5 bathroom single-family dwelling * 880 square feet auxiliary unit * 1,262 square feet workshop area * Parking lot with eight designated parking spaces * 342 square feet additional workshop space * Permitted existing septic system * 42 square feet pump house, permitted groundwater well, and 5,000-gallon water tank * 6,072 square feet patio with in-ground private pool The applicant is proposing that the project be broken down into two stages: Stage one: The applicant will utilize the existing 3,521 square feet, 4-bedroom, 4.5 bathroom residence as a women's long-term, residential drug, and alcohol recovery facility. This would allow a maximum total occupancy of 14 residents including staff. Stage two: The applicant will expand the women's facility requested under phase one to include the use of the existing 880 square feet auxiliary unit and the 1,262 square feet four-car workshop area. This would allow a total maximum capacity of the facility to 20 residents including staff. The applicant has requested and received an 'Early Activation of Use' to allow the existing dwelling to be used as an emergency shelter for women while this use permit request is processed. Emergency Early Activation was granted by the Community Development Department on March 12, 2021, and remains valid for six (6) months, or until this use permit request is decided, whichever comes first. There will be no new improvements to the current conditions as the existing facilities and accommodation are already existing to support the proposed 62 persons. Therefore, no new additional developments will be made. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt an Addendum to the Mitigated Negative Declaration: 1. An addendum to an adopted Mitigated Negative Declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. 2. The project is supported by substantial evidence not to prepare a subsequent EIR pursuant to Section 15162 and that staff provided an explanation that the project would not involve new significant environmental effects or a substantial increase in the severity of previously identified in the Initial Study IS 15-34. 3. This project is consistent with land uses in the vicinity. 4. This project remains consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Zoning Ordinance. B. Approve Major Use Permit UP 21-24 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, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Shoreline Communities 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. Sample Motions: Addendum to the Mitigated Negative Declaration (IS 15-34) I move that the Planning Commission find on the basis of the Addendum to the Initial Study No. 15-34, prepared by the Planning Division, and the mitigation measures which currently exist with the project, that the use permit as applied for by Hilltop Recovery Enterprises, LLC will not have additional significant effect on the environment; and therefore, an addendum to the Mitigated Negative Declaration shall be approved with the findings listed in the staff report dated January 13, 2022. Major Use Permit (UP 21-28) I move that the Planning Commission find that the Major Use Permit (UP 21-24) applied for by Hilltop Recovery Enterprises, LLC on property located at 14725 Catholic Church Drive, Clearlake Oaks, CA, does meet the requirements of Article 7, 27.13 (e), 51.4, and 60 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 January 13, 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 # 2 9:10 A.M. January 13, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner Sateur Ham, Assistant Planner II DATE: January 13, 2022 Subject: Hilltop Recovery Services, LLC, Major Use Permit (UP 21-24), Addendum to the Mitigated Negative Declaration (IS 15-34) Supervisor District Eddie Crandell Planning Commissioner Batsulwin Brown ATTACHMENTS: 1. Vicinity Map 2. Project Description 3. Site Plans of Existing Structures 4. Site Visit Photos 5. Proposed Conditions of Approval 6. Agency Comments/Public comments 7. Existing Use Permit (UP 15-15) EXECUTIVE SUMMARY On September 8, 2016, the Lake County Planning Commission granted Hilltop Recovery Service the approval of a use permit (UP 15-15) to allow for the operation of a community care facility. The community care facility is currently used for a men's drug and alcohol recovery home located at 14715 E. Highway 20, Clearlake Oaks, CA, also known as Assessor's Parcel Number (APN): 010-046-02. Hilltop Recovery Services has offered long-term, residential drug, and alcohol recovery services for men at this location since early activation on December 22, 2015. Their previous facility was destroyed by the Valley Fire, necessitating a quick relocation, working with the Department of Health Care Services to transfer their license and certification. The existing permit allow a total occupancy of the site to up to 42 residences on the property. The environmental analysis for this permit was prepared under Initial Study (IS 15-34) with improvements to be made prior to the operation of the project which includes road improvements to meet California Forestry and Fire commercial road standards. On December 7, 2020, the Lake County Community Development Department received a second Major Use Permit to propose an expansion to allow the total maximum capacity of 20 residences to serve only women in an existing structure on an adjacent parcel located on 14725 Catholic Church Road, Clearlake Oaks, CA (APN: 010-046-06). As a result, the expansion of the facility will span a total of two parcels. The proposed 19.57 acres site is currently developed and will utilize the existing buildings, facilities, and infrastructures including the following: * 3,521 square feet; four bedrooms and 4.5 bathroom single-family dwelling * 880 square feet auxiliary unit * 1,262 square feet workshop area * Parking lot with eight designated parking spaces * 342 square feet additional workshop space * Permitted existing septic system * 42 square feet pump house, permitted groundwater well, and 5,000-gallon water tank * 6,072 square feet patio with in-ground private pool The applicant is proposing that the project be broken down into two stages: Stage one: The applicant will utilize the existing 3,521 square feet, 4-bedroom, 4.5 bathroom residence as a women's long-term, residential drug, and alcohol recovery facility. This would allow a maximum total occupancy of 14 residents including staff. Stage two: The applicant will expand the women's facility requested under phase one to include the use of the existing 880 square feet auxiliary unit and the 1,262 square feet four-car workshop area. This would allow a total maximum capacity of the facility to 20 residents including staff. The applicant has requested and received an 'Early Activation of Use' to allow the existing dwelling to be used as an emergency shelter for women while this use permit request is processed. Emergency Early Activation was granted by the Community Development Department on March 12, 2021, and remains valid for six (6) months, or until this use permit request is decided, whichever comes first. There will be no new improvements to the current conditions as the existing facilities and accommodation are already existing to support the proposed 62 persons. Therefore, no new additional developments will be made. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt an Addendum to the Mitigated Negative Declaration: 1. An addendum to an adopted Mitigated Negative Declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in CEQA Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. 2. The project is supported by substantial evidence not to prepare a subsequent EIR pursuant to Section 15162 and that staff provided an explanation that the project would not involve new significant environmental effects or a substantial increase in the severity of previously identified in the Initial Study IS 15-34. 3. This project is consistent with land uses in the vicinity. 4. This project remains consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Zoning Ordinance. B. Approve Major Use Permit UP 21-24 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, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Shoreline Communities 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. Sample Motions: Addendum to the Mitigated Negative Declaration (IS 15-34) I move that the Planning Commission find on the basis of the Addendum to the Initial Study No. 15-34, prepared by the Planning Division, and the mitigation measures which currently exist with the project, that the use permit as applied for by Hilltop Recovery Enterprises, LLC will not have additional significant effect on the environment; and therefore, an addendum to the Mitigated Negative Declaration shall be approved with the findings listed in the staff report dated January 13, 2022. Major Use Permit (UP 21-28) I move that the Planning Commission find that the Major Use Permit (UP 21-24) applied for by Hilltop Recovery Enterprises, LLC on property located at 14725 Catholic Church Drive, Clearlake Oaks, CA, does meet the requirements of Article 7, 27.13 (e), 51.4, and 60 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 January 13, 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.
6c.9:15 A.M. Public hearing on Consideration of approving an Amendment (MMU 21-20) of original Major Use Permit (UP 18-43) and an Addendum to a Mitigated Negative Declaration (IS 18-58), The applicant Sunny S Ranch / Shannon Sanders is proposing, Four 2,499 sq. ft. nursery areas (greenhouses) for immature cannabis plants in conjunction with previously approved project. The project location is 19424 Butts Canyon Road, Middletown, CA. Further described as APN: 014-004-20. Public Hearing
Staff memo

Date: January 13, 2022 (Continued from December 16, 2021) · To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner

RE: Sunny S Ranch; Modification (MMU 21-20) to a Use Permit (UP 18-43) for Commercial Cannabis Cultivation and Addendum to Initial Study (IS 18-58). APN: 014-004-20 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Original Conditions of Approval 3. Modification Conditions of Approval 4. Agency Comments 5. Revised Site Plan 6. Water Analysis, prepared by Ryan Crawford, P.G. 7. Addendum to Initial Study (IS 18-58) EXECUTIVE SUMMARY On June 27, 2019, the Planning Commission approved Use Permit UP 18-43 on the subject site. The application was for 25,996 sq. ft. of 'mixed light' (greenhouse) cultivation area, and 21,996 sq. ft. of canopy area. The 20-acre site is allowed to have up to 22,000 sq. ft. of mature plant canopy area. On June 7, 2021, the County received an application for a modification to the cultivation area to enable the applicant to place four (4) 2,499 sq. ft. areas on the site for use as a nursery for immature plants. The addition of the nursery areas will not increase the measurable canopy area, but it will impact the rate of annual taxation, as nursery area is regarded as 'cultivation area', which is taxable. The project will not result in additional water usage. The four new proposed buildings are specifically intended to dry cannabis. Each building will be equipped with carbon filtration systems to keep odor from migrating beyond each building. The buildings are to be constructed in an area that had been burned in the Valley Fire in 2015; dead trees were removed, and the proposed expansion area was surveyed by the Biologist and Archaeologist prior to the 2018 use permit submittal. No additional impacts to any of the 21 California Environmental Quality Act (CEQA) categories were determined to occur with this project. The 20 acre subject site takes access from Butts Canyon Road, a paved, County-maintained road in this location. The road is relatively flat at this location, and there is good visibility entering and leaving the site. The original application included a Biological Survey and an Archeological Survey, both of which included the 'expansion area' proposed for the new nurseries. RECOMMENDATION: Staff is recommending Approval with Conditions of MMU 21-20. Sample Motions: Initial Study Addendum (IS 18-58) I move that the Planning Commission find that that the Addendum to the Initial Study (IS 18-58) applied for by Sunny S Ranch on a property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 will not have a significant effect on the environment, and that no new mitigation measures are necessary per the findings listed in the staff report dated January 13, 2022. Modification (MMU 21-20) I move that the Planning Commission find that the Modification (MMU 21-20) applied for by Sunny S Ranch on a property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 does meet the requirements of Section 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 January 13, 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 3 9:15 a.m. January 13, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: January 13, 2022 (Continued from December 16, 2021) RE: Sunny S Ranch; Modification (MMU 21-20) to a Use Permit (UP 18-43) for Commercial Cannabis Cultivation and Addendum to Initial Study (IS 18-58). APN: 014-004-20 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Original Conditions of Approval 3. Modification Conditions of Approval 4. Agency Comments 5. Revised Site Plan 6. Water Analysis, prepared by Ryan Crawford, P.G. 7. Addendum to Initial Study (IS 18-58) EXECUTIVE SUMMARY On June 27, 2019, the Planning Commission approved Use Permit UP 18-43 on the subject site. The application was for 25,996 sq. ft. of 'mixed light' (greenhouse) cultivation area, and 21,996 sq. ft. of canopy area. The 20-acre site is allowed to have up to 22,000 sq. ft. of mature plant canopy area. On June 7, 2021, the County received an application for a modification to the cultivation area to enable the applicant to place four (4) 2,499 sq. ft. areas on the site for use as a nursery for immature plants. The addition of the nursery areas will not increase the measurable canopy area, but it will impact the rate of annual taxation, as nursery area is regarded as 'cultivation area', which is taxable. The project will not result in additional water usage. The four new proposed buildings are specifically intended to dry cannabis. Each building will be equipped with carbon filtration systems to keep odor from migrating beyond each building. The buildings are to be constructed in an area that had been burned in the Valley Fire in 2015; dead trees were removed, and the proposed expansion area was surveyed by the Biologist and Archaeologist prior to the 2018 use permit submittal. No additional impacts to any of the 21 California Environmental Quality Act (CEQA) categories were determined to occur with this project. The 20 acre subject site takes access from Butts Canyon Road, a paved, County-maintained road in this location. The road is relatively flat at this location, and there is good visibility entering and leaving the site. The original application included a Biological Survey and an Archeological Survey, both of which included the 'expansion area' proposed for the new nurseries. RECOMMENDATION: Staff is recommending Approval with Conditions of MMU 21-20. Sample Motions: Initial Study Addendum (IS 18-58) I move that the Planning Commission find that that the Addendum to the Initial Study (IS 18-58) applied for by Sunny S Ranch on a property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 will not have a significant effect on the environment, and that no new mitigation measures are necessary per the findings listed in the staff report dated January 13, 2022. Modification (MMU 21-20) I move that the Planning Commission find that the Modification (MMU 21-20) applied for by Sunny S Ranch on a property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 does meet the requirements of Section 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 January 13, 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.
6d.9:20 A.M. Public Hearing on Consideration of Major Use Permit (UP 20-74) and a Mitigated Negative Declaration (IS 20-87). The applicant Mountain Green Farms, LLC/Cheryl Forberg is proposing for a cannabis cultivation operation to allow 21,000 square feet of mixed-light canopy area (Located within seven 3,000 square foot greenhouses) and 43,560 square feet of outdoor canopy area located within a total of 67,080 square feet cultivation area. The project includes a processing/drying building, a shed for fertilizer and pesticide storage, four 2,500 gallon water tanks, security, and a perimeter fence. The project is located at 7661 State Highway 29, Kelseyville, CA; and further described as APN(s): 009-022-33. Public Hearing
Staff memo

Date: January 13, 2022 · To: Planning Commission · From: Mary Darby, Community Development Director Prepared by: Victor Fernandez, Associate Planner

RE: Mountain Green Farms, LLC * Major Use Permit (UP 20-74) * Initial Study (IS 20-87) Supervisor District 5 - Supervisor Pyska Planning Commissioner - Commissioner Field ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Proposed Site Plans 6. Initial Study 7. Biological Assessment 8. Hydrology Report 9. Public Concerns 10. Letters of Support 11. Site Photos 12. Design Professional Site Plans EXECUTIVE SUMMARY Mountain Green Farms, LLC, is seeking approval for a Major Use Permit (UP 20-74) to cultivate commercial cannabis that includes 21,000 square feet (sq. ft.) of mixed-light canopy and 43,560 sq. ft. of outdoor canopy area that equates to a total of 64,560 sq. ft. of canopy area located within 67,080 sq. ft. of cultivation area (Figure 1). The project site is located at 7661 State Highway 29, Kelseyville, CA, 95451, further described as assessor's parcel number (APN) 009-022-33 (Attachment 1). According to the applicant the proposed project will include the following: * A-Type 3B: "Mixed-Light" license: cultivation for adult use cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or artificial lighting below a rate of 25 watts per square foot between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. * A-Type 3: "Outdoor" license: Outdoor cultivation for medicinal 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 on one premises. * Type 13 "Distributor Transport Only, Self-Transport Distribution" license: The transport of medicinal cannabis goods between entities licensed pursuant to California Code. The project also proposes the following: * Seven (7) 30' X 100' greenhouses. * A proposed 40' X 60' building for drying, trimming, and packaging with American's with Disabilities Act (ADA)-compliant restroom. * A proposed 120-sq. ft. shed for fertilizer and pesticide storage. * Four proposed 2,500-gallon water tanks, one being steel or fiberglass for fire suppression. * Two existing 10,000-gallon water storage tanks. * An existing on-site well for water use. * 20'-wide access driveway from the realigned State Highway 29. * Six employee parking spaces, including one ADA-compliant parking space. * A proposed loading zone. Perimeter fencing and security cameras RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 20-87) for Major Use Permit (UP 20-74) 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 air quality impacts 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, and AQ-8. 3. 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-2. 4. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1. 5. Potential energy impacts can be mitigated to less than significant levels with the inclusion of mitigation measure EN-1. 6. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, GEO-3, GEO-4, GEO-5, and GEO-6. 7. Potential hazards 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, and HAZ-8. 8. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, and HYD-2. 9. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 10. Potential wildfire impacts can be mitigated to less than significant levels with the inclusion of mitigation measures WILDFIRE-1, WILDFIRE-2, WILDFIRE-3, and WILDFIRE-4. 11. This project is consistent with land uses in the vicinity. 12. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 13. 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. 14. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-74 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 make the application described in Chapter 21, Article 27, Section 1.ii.(g). 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 Major Use Permit (UP 20-74) applied for by Mountain Green Farms, LLC on property located at 7661 State Highway 29, Kelseyville, further described as APN: 009-022-33 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 January 13, 2022. Major Use Permit (UP 20-74) I move that the Planning Commission find that the Major Use Permit (UP 20-74) applied for by Mountain Green Farms, LLC on property located at 7661 State Highway 29, Kelseyville, further described as APN: 009-022-33 does meet the requirements of Section 51.4 and Article 27, Section 1 [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 January 13, 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
Original memo text
Memorandum ITEM # 4 9:20 A.M. January 13, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Victor Fernandez, Associate Planner DATE: January 13, 2022 RE: Mountain Green Farms, LLC * Major Use Permit (UP 20-74) * Initial Study (IS 20-87) Supervisor District 5 - Supervisor Pyska Planning Commissioner - Commissioner Field ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Proposed Site Plans 6. Initial Study 7. Biological Assessment 8. Hydrology Report 9. Public Concerns 10. Letters of Support 11. Site Photos 12. Design Professional Site Plans EXECUTIVE SUMMARY Mountain Green Farms, LLC, is seeking approval for a Major Use Permit (UP 20-74) to cultivate commercial cannabis that includes 21,000 square feet (sq. ft.) of mixed-light canopy and 43,560 sq. ft. of outdoor canopy area that equates to a total of 64,560 sq. ft. of canopy area located within 67,080 sq. ft. of cultivation area (Figure 1). The project site is located at 7661 State Highway 29, Kelseyville, CA, 95451, further described as assessor's parcel number (APN) 009-022-33 (Attachment 1). According to the applicant the proposed project will include the following: * A-Type 3B: "Mixed-Light" license: cultivation for adult use cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or artificial lighting below a rate of 25 watts per square foot between 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises. * A-Type 3: "Outdoor" license: Outdoor cultivation for medicinal 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 on one premises. * Type 13 "Distributor Transport Only, Self-Transport Distribution" license: The transport of medicinal cannabis goods between entities licensed pursuant to California Code. The project also proposes the following: * Seven (7) 30' X 100' greenhouses. * A proposed 40' X 60' building for drying, trimming, and packaging with American's with Disabilities Act (ADA)-compliant restroom. * A proposed 120-sq. ft. shed for fertilizer and pesticide storage. * Four proposed 2,500-gallon water tanks, one being steel or fiberglass for fire suppression. * Two existing 10,000-gallon water storage tanks. * An existing on-site well for water use. * 20'-wide access driveway from the realigned State Highway 29. * Six employee parking spaces, including one ADA-compliant parking space. * A proposed loading zone. Perimeter fencing and security cameras RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 20-87) for Major Use Permit (UP 20-74) 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 air quality impacts 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, and AQ-8. 3. 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-2. 4. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1. 5. Potential energy impacts can be mitigated to less than significant levels with the inclusion of mitigation measure EN-1. 6. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, GEO-3, GEO-4, GEO-5, and GEO-6. 7. Potential hazards 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, and HAZ-8. 8. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, and HYD-2. 9. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 10. Potential wildfire impacts can be mitigated to less than significant levels with the inclusion of mitigation measures WILDFIRE-1, WILDFIRE-2, WILDFIRE-3, and WILDFIRE-4. 11. This project is consistent with land uses in the vicinity. 12. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 13. 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. 14. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-74 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 make the application described in Chapter 21, Article 27, Section 1.ii.(g). 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 Major Use Permit (UP 20-74) applied for by Mountain Green Farms, LLC on property located at 7661 State Highway 29, Kelseyville, further described as APN: 009-022-33 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 January 13, 2022. Major Use Permit (UP 20-74) I move that the Planning Commission find that the Major Use Permit (UP 20-74) applied for by Mountain Green Farms, LLC on property located at 7661 State Highway 29, Kelseyville, further described as APN: 009-022-33 does meet the requirements of Section 51.4 and Article 27, Section 1 [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 January 13, 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
7.Non-Timed Items
8.Department Update
9.Adjournment