Planning Commission — Thursday, December 16, 2021

Item # 1 9:05 a.m. STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Sateur Ham, Assistant Planner DATE: December 16, 2021 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 This staff report includes eight sections (Sections I through VIII). Section I provides an executive summary of the proposed project; Section II provides site specific details of the proposed project; Section III looks at the surrounding uses and zoning, as well as site specific environmental information; Section IV discusses 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 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 includes a discussion on how the required 'findings' are met as required for approval of the proposed project; Section VII includes recommendations on actions that the Planning Commssion can take for approval of the proposed project; and Section VIII provides staff recommendations for sample motions. I. 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. The applicant is proposed the following:: * Three A-Type 3B: "mixed-light" licenses: 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 seven 96 feet x 140 feet greenhouses. * Two A-Type 1C: "mixed-light specialty cottage" licenses: 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 96 feet x 140 feet greenhouse. * A-Type 13 Self Distribution license ? Four 96 feet x 140 feet immature plant greenhouses ? A50 feet x 100 feet processing facility with ADA-compliant restroom ? A40 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 ? An existing on-site well for water use ? A 20 feet-wide access driveway from Bell Hill Rd. ? 18 employee parking spaces, including one (1) ADA-compliant parking space ? A loading zone ? Perimeter fence and security cameras As allowed under Article 27, Section 21-27.10, subsection 27.13(at)1.ii(j), 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 occur on parcel APN 017-002-02 (Figure 1). There will be no tree removals, and cultivation activities would occur in an open flat area on previously disturbed vineyard land. The 70,560 square feet of mixed-light cultivation would occur in eight 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 ___ hours a day, 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 (with ADA compliance restroom), and in the proposed 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. According to the Hydrology Report (Enclosure B) prepared by Essential Engineering Services on August 19, 2021, the well depth is 100 feet, and the rates are 680 and 825 gallons per minute. Water would be pumped from the wells to the 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. The Hydrology Report completed by Essential Engineering Services concluded that "As demonstrated above, the project has adequate water supply for the proposed uses and the radius of influence is smaller than the distance to neighboring wells. The average flowrate demand is minimal compared with the theoretical well yield demonstrated by the well pump testing (Richard Ross, 20211). The table below shows projected monthly water use estimates for a typical year. 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. Approximately 18 employees are proposed to run the activities during peak seasonal activities. Eighteen parking spots, including one ADA-compliant space, would be made available to employees. One 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' x 100' 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 Source: Daniel A. Westphal, 20212. 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. II. 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 1. i. 8. The applicant is qualified to apply for the permit 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). VIII. 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 December 16, 2021. 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 1(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 December 16, 2021. 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 1 Richard Ross. 2021. Hydrogy Report-Well Supply Area of Influence. August 19, 2021. 2 Daniel A. Westphal. 2021. Agricultural Facility for North Coast Select LLC. Engineered Site Plans G1 through A-101. Prepared 9/30/21. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------

Memorandum Item # 2 9:10 a.m. December 16, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner Sateur Ham, Assistant Planner II DATE: December 16, 2021 Subject: Hilltop Recovery Services, LLC, Major Use Permit (UP 21-24), Categorical Exemption (CE 21-05) 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 I. 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 pumphouse, 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. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Categorical Exemption (CE 21-05) from CEQA as a Class 1 and Class 3 Exemption: 1. The project is consistent with CEQA Categorical Exemption, Class 1 (Existing Facilities) which consists of the operation or minor alteration of existing public or private structures, facilities involving negligible or no expansion of existing or former use including such examples as (p) use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. The project is consistent with CEQA Categorical Exemption, Class 3 (15303-New construction or conversion of small structures) which consists of the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 2. This project is consistent with land uses in the vicinity. 3. This project remains consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Zoning Ordinance. 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. 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 December 16, 2021. 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, 27.11 (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 December 16, 2021. The property does not have any existing violations under Chapter 5-Building Regulations, Chapter 17 Subdivision Regulations, Chapter 21-Zoning Ordinance, Chapter 23-Clear Lake Shoreline, or Chapter 26-Clear Lake Integrated Aquatic Plant Management Program Ordinance of the Lake County Code. 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.

Memorandum Item 3 9:15 a.m. December 16, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Sateur Ham, Assistant Planner II DATE: December 16, 2021 RE: Igzatik Farms, Major Use Permit (UP 20-68), Mitigated Negative Declaration (IS 20-83) Supervisor District Eddie Crandell Planning Commissioner Batsulwin Brown ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Initial Study 6. Agency Comments/Public comments This staff report includes eight sections (Sections I through VIII). Section I provides an executive summary of the proposed project; Section II provides site specific details of the proposed project; Section III describes the surrounding uses and zoning, as well as site specific environmental information; Section IV discusses 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 V provides the findings for approval of a major use permit and a description of how this project responds to each. Section VI 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 2016 initial study. Section VII includes recommendations on actions that the Planning Commission can take for approval of the proposed project; and Section VIII provides staff recommendations for sample motions. I. EXECUTIVE SUMMARY Cristhian Hernandez is requesting approval of a Major Use Permit for outdoor commercial cannabis to allow the cultivation of up to 87,120 sq. feet (two acres) of cannabis canopy located at 2000 Clover Valley Road in Upper Lake, Lake County also known as Assessor's Parcel Number (APN): 004-007-25. According to the applicant, the historic use of the property includes a vineyard and other crop production for at least the past 30 years. There are currently 27.4 acres of active producing vineyard under contract with Justin Vineyard and Winery. Other existing developments on-site include a 1,200 square feet mobile home and associated septic system and permitted groundwater well, a 2,500 square foot barn, a frost protection pond for the vineyard, and a driveway that extends from the Clover Valley Road to the back of the property. The applicant also proposes ancillary facilities which include the following as shown in figure 1: * Twelve 320 square feet shipping containers for harvest storage * Locked shed for agricultural chemicals * Six outdoor 525 square feet drying tents and two packaging tents * Compost area * Six 5,000 gallons water tanks, one will be steel or fiberglass specifically reserved for fire suppressant requirement * Approximately less than 4,000 square feet total solar grid will be installed on top of the twelve shipping containers to provide a supplementary electrical source Figure 1. Proposed conditions of the overall parcels and detailed cultivation area The cultivation area was cleared in the middle of an existing vineyard under a grading permit exemption for crop conversion the previous year before applying for Use Permit. The applicant was issued Early Activation to cultivate 87,120 square feet (two acres) of outdoor canopy area. Water will be sourced from an existing permitted groundwater well that also provides water for vineyard irrigation. The property is served by PG&E and a power pole exists on the property near the residential structure. Solar panels on top of shipping containers will provide an offset to grid electricity usage. The proposed project will use soil amendments and nutrients developed by GreenGro Biologicals, LLC as well as Phyto-Grow. All products proposed are listed for use on-site are recommended and approved by the California Department of Food and Agriculture (CDFA) for organic crop production. Under Article 27, Section 27.13 (at), two A-Type 3 permits will allow the cultivation of up to 87,120 sq. feet (two acres) of mature cannabis plants. The plants will be grown in 40-gallon grow bags laid out in two rectangular grids, each taking up approximately 400 feet by 110 feet area, with a 25 foot wide fire traffic aisle between them. Cultivation will occur in full direct sunlight without light deprivation. The cultivation area and associated ancillary facilities will be surrounded by 270 feet by 640 feet fence shown in figure 2. Figure 2. Cannabis cultivation details Staff is recommending approval of Major Use Permit, UP 20-68, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-83) with the incorporated Mitigation Measures and Conditions of Approval further discussed in Section VII. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-83) for Major Use Permit (UP 20-68) with the following findings found in Attachment 5: 1. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-3. 2. 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. 3. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 4. This project is consistent with land uses in the vicinity. 5. This project is consistent with the Lake County General Plan, Upper Lake-Nice Area Plan, and Zoning Ordinance. 6. 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. 7. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-68 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, Upper Lake-Nice 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). Mitigated Negative Declaration (IS 20-83) I move that the Planning Commission find on the basis of the Initial Study No. 20-83, prepared by the Planning Division, and the mitigation measures which have been added to the project, that the use permit as applied for by Cristhian Hernandez Rodriguez 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 December 16, 2021. Major Use Permit (UP 20-68) I move that the Planning Commission find that the Major Use Permit (UP 20-68), applied for by Cristhian Hernandez Rodriguez project on property located at 2000 Clover Valley Road, Upper Lake, CA, 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, that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project, and that a Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated December 16, 2021. 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.

Item 4 9:20 a.m. December 16, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: December 16, 2021 RE: Sunny S Ranch; Modification (MMU 21-20) to a Use Permit (UP 18-43) for Commercial Cannabis Cultivation and Categorical Exemption to CEQA (CE 21-32). 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. 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. Staff is recommending Approval with Conditions of MMU 21-20. Categorical Exemption (CE 21-32) I move that the Planning Commission find that that Categorical Exemption (CE 21-32) 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 this project qualifies for a Categorical Exemption pursuant to CEQA section 15162 with the findings listed in the staff report dated December 16, 2021. 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 December 16, 2021. 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.

Item 5 9:25 AM December 16, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, CDD Director Prepared by Eric Porter, Associate Planner SUBJECT: Use Permit, UP 21-37 Categorical Exemption to CEQA, CE 21-55 Supervisorial District 3 DATE: December 16, 2021 ATTACHMENTS: 1. Vicinity Map 2. Proposed Conditions of Approval 3. Site Plans, Building Photos 4. Agency comments 5. Overview Statement I. EXECUTIVE SUMMARY The applicant/owner, The Habematolel Pomo of Upper Lake ("Tribe"), has applied for a Major Use Permit (UP 21-37) to allow what the applicant is calling an Early Childhood Education Center, referred to in this report as "the project", in an existing 1700+ square foot (sq. ft.) structure on a property located at 650 E. Highway 20, Upper Lake. By definition, this use is categorized as a Nursery School, which is allowed as a major use permit in the "SR" Suburban Residential zoning district. The property currently has a 1,700+ sq. ft. building (see Attachment 3), and the applicant is also proposing the addition of a new 1,561+ sq. ft. double-wide manufactured home on the site to be used in conjunction with the existing building as part of the day care facility. The site is fully enclosed by a 6' tall metal fence on the front side of the property, and by a 6' tall solid wood fence on the side and rear yard portions of the property. The site is served by public water and sewer, and is fronted by E. Highway 20. The site contains a large gravel area that will provide at least 5 parking spaces. An ADA-compliant restroom will be added following building permit issuance, along with an ADA-compliant ramp leading from the edge of the parking lot to the ADA-compliant areas within the new manufactured home on the site. Project Description Applicant: Tracey and Sherry Treppa Owner: Habematolel Pomo of Upper Lake Location: 650 E. Highway 20, Upper Lake APN: 004-058-24 Parcel size: 0.51 acres General Plan: Suburban Residential Reserve Zoning: 'SR, Suburban Reserve Fire District: Northshore Fire District Flood Zone: X School District: Upper Lake Unified School District. Project Setting Existing Uses and Improvements: The property is currently developed with a 1,700 sq. ft. structure, a well-tended gravel approach and parking area, a solid wood fence that is 6' tall enclosing the back yard and side yards, and a 6' tall decorative metal fence that encloses the front yard. AERIAL PHOTO OF SITE Surrounding Zoning and Land Uses: * North: 'SR' Suburban Reserve-zoned lot, undeveloped; 0.8 acres in size. * East: 'SR' Suburban Reserve-zoned lots; undeveloped immediately east (flag lot); developed with a dwelling further East; 0.54 acres in size. * South: Highway 20, beyond which is an 11+ acre property zoned "A" Agriculture that contains the Running Creek Casino (see Attachment 1). * West: C3 Service Commercially-zoned lot containing a small orchard and a dwelling. VIEW OF BUILDING FROM HIGHWAY 20 ZONING MAP OF SITE AND SURROUNDING AREA Topography: Flat; <10% Water Supply: Public water Sewage Disposal: Public sewer Vegetation: Some native Oak trees and introduced grass Lake County Zoning Ordinance, Article 27, Section 11, Table B; Uses Allowed with a Use Permit. Nursery schools are permitted uses in the SR zoning district with a major use permit. The following approval criteria apply: 1. Not applicable 2. All outdoor play areas are to be enclosed with fencing, a minimum of four (4) feet high, provided that such fencing is to be solid and six (6) feet in height on any property line abutting a residential use on an adjoining lot. Response: The entire site is enclosed by a 6' tall wood / metal fence. The wood fence encloses the rear and sides of the site; the metal fence is in the front. 3. Hours of operation: Shall be between 7:00 a.m. and 9:00 p.m. daily. Response: the applicant has indicated that the normal hours of operation are between 7:00 a.m. and 6:00 p.m. daily. 4. Access: The site shall front on a paved road of a minimum eighteen (18) foot paved width. Response: the site fronts Highway 20, a 22 foot wide paved State Highway. 5. Parking and loading: A minimum of two (2) on-site parking spaces shall be reserved for the use of dropping off and picking up of children. These spaces shall be in addition to the normal parking requirements of the residence. The drop off area should be a drive thru loop, or an on-site turnaround area should be provided. Response: The site plan shows a total of six parking spaces, and a pick-up / drop-off area in front of both buildings. 6. Fire: i. A minimum of one (1) fire extinguisher and one (1) smoke detector shall be maintained in good working order on the premises. These devices shall meet the standards of the State Fire Marshal. Response: This is a condition of approval prior to final occupancy of the facility. ENVIRONMENTAL EVALUATION This project is exempt from CEQA through a Class 3 categorical exemption, subsection 15301(e)(2), which exempts small scale new development, including accessory buildings, from undergoing a CEQA review if all utilities are present, and if there is no potential biological impacts associated with the project (e.g. fully developed and disturbed site). Categorical Exemption: I move that the Planning Commission find that the Major Use Permit, UP 21-37 applied for by the Habematolel Pomo of Upper Lake on property located at 650 E. Highway 20, Upper Lake, further described as APN: 004-058-24 is exempt from CEQA because it falls within Categorical Exemption Class 3, subsection 15301(e)(2), based on the findings set forth in the Staff Report dated December 16, 2021. Major Use Permit Approval: I move that the Zoning Administrator find that the Major Use Permit, UP 21-37 applied for by the Habematolel Pomo of Upper Lake on property located at 650 E. Highway 20, Upper Lake, further described as APN: 004-058-24 does meet the requirements of �27.11, Table B, subsection (e); �9, and �51.4 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption which was adopted for this project, and the Major Use Permit be granted subject to the conditions and with the findings listed in the Staff Report dated December 16, 2021. 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.