Planning Commission — Thursday, November 18, 2021

Memorandum STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director DATE: November 10, 2021 RE: A Resolution Authorizing Continued Teleconference Meetings of the County of Lake Planning Commissioner during the Existing State of Emergency ATTACHMENTS: 1. Resolution I. EXECUTIVE SUMMARY * On March 17, 2020, Governor Newsom issued Executive Order N-29-20 that suspended the teleconferencing rule set forth in the California Open Meeting law, Government Code section 54950 et seq (the "Brown Act"), provided certain requirements were met and followed * On June 11, 2021, Governor Newsom issued Executive Order N-082-21 that clarified the suspension of the teleconferencing rule set forth by the Brown Act, and further provided that those provisions would remain suspended through September 30, 2021 * On September 16, 2021, Governor Newsom signed into law Assembly Bill 361 which allows, until January 1, 2024, a legislative body subject to the Brown Act to use teleconferencing without complying with specified Brown Act restrictions in certain State emergencies B. Approve with the following findings: 1. A State of Emergency continues to exist as a result of COVID-19 and the County of Lake has implemented and continues to require social distancing measures for County facilities. 2. The Planning Commission finds that meeting in person may impact the ability of the Commission members to meet safely in person and may present imminent risk to the health and safety of the members, staff, and attendees. 3. The Planning Commission finds that the Commission is subject to the requirements of the Brown Act and subject to the emergency conditions and findings herein and authorized to continue teleconference meetings pursuant to the provisions of Assembly Bill 361. 4. Staff is directed to return no later than thirty (30) days after the adoption of this resolution with an item for the Commission to consider in making the findings required by Assembly Bill 361 to continue meeting under its provisions. Sample Motions: I move that the Planning Commission approve the Consideration of the Adoption of Assembly Bill 361 Findings Authorizing Teleconference Meetings during a State of Emergency.

Memorandum Date: To: The Honorable Lake County Board of Supervisors From: Subject: Executive Summary: If not budgeted, fill in the blanks below only: Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ Consistency with Vision 2028 (check all that apply): ☐ Not applicable ☐ Well-being of Residents ☐ Public Safety ☐ Disaster Prevention, Preparedness, Recovery ☐ Economic Development ☐ Infrastructure ☐ County Workforce ☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake Recommended Action:

Memorandum - Revised November 15, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director By: Laura L. Hall, Senior Planner DATE: November 18, 2021 SUBJECT: Lake County Public Works General Plan of Conformity GPC 21-04 Supervisorial District 5 ATTACHMENTS: 1. Vicinity Map 2. Plat of Road 3. Applicant's Letter 4. Map of Applicant Owned Parcels 5. Map of Alternative Access Routes I. SUMMARY Applicant Laurie Dohring (Owner of Bell Haven, LLC) requests the vacation of Dillard Avenue, which has historically been used as a driveway to assessor's parcel numbers (APNs) 044-032-05, 06, 07, 09, and 044-031-02. The Lake County Public Works Department (DPW) is processing the application to vacate the road. However, before DPW can recommend the vacation, California Streets and Highways Code, Section 8320, et seq. requires the Planning Commission first determine whether the road vacation conforms to the Lake County General Plan. An application for General Plan Conformity (GPC 21-04) review was submitted to the Community Development Department on July 7, 2021. II. PROJECT DESCRIPTION Applicant/Owner: Laurie Dohring 3416 White Oak Way Kelseyville, CA 95451 APN(s): 044-032-05, 06, 07, 09, and 044-031-02 Location: 3440, 3430, 3420, and 3400 Dillard Avenue, and 6420 Soda Bay Road in Kelseyville, CA 95451 Existing Zoning: "CR"-"FF"-"DR" and "CR"-"WW"-"FF"-"DR", Resort Commercial-Floodway Fringe-Design Review/ Resort Commercial-Waterway-Floodway Fringe-Design Review General Plan Designation: Resort Commercial Existing Development: Cottages and Accessory Structures III. GENERAL PLAN CONFORMITY ANALYSIS Property owner Laurie Dohring, who resides at 6420 Soda Bay Road in Kelseyville, CA 95451 (Attachment 1), provided a letter to the County requesting the vacation of a portion of Dillard Avenue as shown on the Soda Bay Springs Subdivision map (Attachments 2 and 3). Access to Dillard Avenue comes from County owned and maintained Hohape Avenue, which is accessed from County owned and maintained Soda Bay Road to the south. All parcels served by the road (044-032-05, 06, 07, 09) are owned by the applicant (Attachment 4). Dillard Avenue has not been improved past parcel APN 044-032-09, so any traffic entering the property must perform a turn-around on the applicant's properties before exiting back onto Hohape Avenue. The portion to be vacated is approximately 400 feet in length and extends from the intersection with Hohape Avenue northerly to its terminus at Soda Bay Drive. If the vacation is approved, drivers would then use White Oak Way, Live Oak Lane, and Konocti Drive to access Hohape Avenue and Soda Bay Drive. (Attachment 5). Should any of the parcels owned by the applicant be sold in the future, the proposed vacation will not 'landlock' any of the parcels since the private access easements will remain in place, as well as any public or private utility easements. The proposed vacation forms to the General Plan Goal T-1: * As described in Goal T-1, the County's goal is to "provide and plan for a unified, coordinated, and cost efficient countywide road and highway system that ensures safety, maintains adequate levels of service and the efficient movement of people and goods." Dillard Avenue is currently unimproved and its use consists of ingress and egress to the applicant's properties. Vacation of Dillard Avenue would allow the applicant to improve and maintain the driveway, thereby reducing the hazardous driving conditions due to the road's current condition and forced turn-arounds at the dead end. Following vacation of the road, there will be no more turn-arounds, as public access to Hohape Avenue and Soda Bay Drive would have to go through White Oak Way, Live Oak Lane, and Koncoti Drive. (Attachment 5). Due to all the reasons listed above for the vacation of Dillard Avenue, and conformity with Goal T-1, it is staff's recommendation that the Planning Commission find the vacation of Dillard Avenue conforms to the Lake County General Plan. IV. CEQA REVIEW The proposed decision is not subject to California Environmental Quality Act (CEQA), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. This activity only involves a report and determination concerning the consistency of a potential road vacation with the County's General Plan. Accordingly, there is no potential for this approval resulting in any significant physical change to the environment, either directly or indirectly, and is not subject to CEQA review. Approvals for the vacation of the property will undergo further CEQA review through the DPW report. V. RECOMMENDATION The Planning Commission, after reviewing the agenda report and receiving evidence at the public meeting, finds that the location, purpose, and extent of the proposed vacation of the property, located on 3440, 3430, 3420, and 3400 Dillard Avenue, and 6420 Soda Bay Road, is in conformance with the County of Lake General Plan pursuant to California Government Code Section 65402. VI: SAMPLE MOTIONS Categorical Exemption Approval A. I move that the Planning Commission finds that the analysis of consistency of the road vacation with the Lake County General Plan is exempt from CEQA because it falls within Section 15060(c)(2) of the State CEQA Guidelines (Division 6 of Chapter 3 of Title 14 of the California Code of Regulations). General Plan Conformity Report B. I move that the Planning Commission find that the vacation of Dillard Avenue, as proposed by Laurie Dohring, is in conformity with the Lake County General Plan. Reviewed by: ______ NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum - Revised November 15, 2021 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: November 18, 2021 RE: Sunrise Shore Mutual Water Company Improvements; Major Use Permit (UP 21-18) and Initial Study (IS 21-19). Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Conditions of Approval 4. Site Plan 5. Initial Study IS 21-19 I. EXECUTIVE SUMMARY On behalf of the Sunrise Shore Mutual Water Company, applicant Brelje and Race Engineering (consultant) have applied for a Major Use Permit, as is required by a public facility, for the minor expansion of its facility. A Mitigated Negative Declaration (file no. IS 21-19) was completed for the project. II. PROJECT DESCRIPTION Applicant: Brejle and Race Consulting Engineers Owner: Sunrise Shore Mutual Water Company Project Location: 6030 Sunrise Court and 6200 Sunrise Drive, Lower Lake, CA (see Attachment 1) A.P.N.s: 043-302-04; 043-310-05 Parcel Size: 0.34 acres General Plan: Rural Residential Zoning: "RR-FF" - Rural Residential - Floodway Fringe Flood Zone: "AE" - Upper northwest portion of lot 043-302-04; no flood plain for other portions of either lot. Fire Hazard: High Fire Area Earthquake Fault: None mapped Slope: APN 043-302-04 is relatively flat with a slope ranging between 2% and 5%. APN 043-310-05 is mostly steep with slopes over 30%. Fire Protection: South Lake Fire Protection District (CalFire) Vegetation: Native oaks, shrubs, and native and invasive grass and weeds Submittal Date: June 4, 2021 III. PROJECT SETTING Existing and Proposed Access: Access to both the project site and the paved parking area comes from Sunrise Drive, a paved but narrow County road. The existing site has parking on a paved area directly accessible from Sunrise Road. The site contains an existing Water Treatment Plant that serves the immediate area with potable drinking water. Existing Development: The lots are developed with the water treatment plant infrastructure, which is aging and needs to upgraded. The two existing 18,000 gallon redwood water tanks are leaking and need to be removed along with the pads supporting them. The catch basin under the filtration system is faulty and must be replaced, along with the concrete pad beneath. The facility's water demand has increased, and the need for the amount of potable water storage has increased. Proposed Improvements: Construction of the project will include: * New 10' x 14' filtration building * New aeration tank on concrete slab * Abandon existing wells #1 and #2 (under floor); fill in vault * New pipelines for water system * Two new 45,000 gallon water tanks on concrete slabs * New concrete retaining wall * Removal of two 15,000 gallon redwood water tanks and concrete pads The project will not require the removal of any trees, or any significant earth movement. General Plan Conformance The General Plan designations for the two subject sites is Rural Residential. The General Plan descriptions of this land category is as follows. General Plan Chapter 3 - Land Uses Rural Residential This land use category is designed to provide single-family residential development in a semi-rural setting. Large lot residential development with small-scale agricultural activities is appropriate. These areas are intended to act as a buffer area between the urban residential development and the agricultural areas of the County. Building intensity should be greater where public services such as: major roads, community water systems, or public sewerage are available. However, most of the lands designated for this land use category would have wells and septic systems. These lands provide important ground water recharge functions. As watershed lands these lands function to collect precipitation and provide for important filtering of water to improve water quality. They are generally supportive to the management of the natural infrastructure of the watersheds. Typical uses permitted by right include: single family residences; crop production; raising of poultry, rabbits, and other small animals for domestic use; raising of bovine animals, horses, sheep, and goats for domestic use; and sale of crops produced on the premises. Typical uses permitted conditionally include agricultural-related services and recreational facilities. This designation is primarily located outside of Community Growth Boundaries, but some areas will be appropriate inside these boundaries as well. The following General Plan goals and policies relate to site development in the context of this proposal: Land Use Goal LU-6: "To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, and service needs of Lake County residents". * Policy LU 6.1: "The County shall actively promote the development of a diversified economic base by continuing to promote agriculture, recreation services and commerce and by expanding its efforts to encourage industrial and non-industrial corporate developments, and the developments of geothermal resources". Response: The proposed project is an upgrade to an existing and small water company that serves local residences. The expansion would not create additional jobs, but provides a vital utility service to its service area. Lower Lake Area Plan Conformance The subject site is within the Lower Lake Area Plan's boundary. The Plan contains no specific policies that are applicable to the expansion of the Water Purveyor's facility. Zoning Ordinance Conformance Article 8 - "RR" Rural Residential Zoning District 8.1 Purpose: To provide for single-family residential development in a semi-rural setting along with limited agriculture. Response: Public and private utilities are a permitted use in the Rural Residential zoning district per Article 27, Table B. Public and private utilities require a Major Use Permit. Article 51 establishes the rules for obtaining a Major Use Permit. IV. MAJOR USE PERMIT FINDINGS FOR APPROVAL. Article 51, Section 51.4a 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. Response: The immediate area contains rural, but smaller, lots that are mostly developed with dwellings. The expansion of the water purveyor's facility will enable higher water quality for those who are within its service district. The proposed expansion has little risks associated with the expansion. The site will use chlorine to help purify the water, but there are no documented cases of the chlorine adversely affecting the area in the past, and the applicant must follow State Water Board standards for chlorine rates. There are no other aspects of this project that would be detrimental to the health, safety, morals, comfort or general welfare of the area neighboring properties. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. Response: The two lots are small, about 0.34 acres in combined size. The lots already contain an established water treatment facility; this project will enlarge the storage tanks on site; remove the two 15,000 gallon redwood storage tanks that are leaking, and would provide additional filtration and piping, as well as constructing a retaining wall to protect the facility from earth movement higher up the hill. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. Response: The site is served by Sunrise Drive, a paved but narrow County maintained road. The small water company has several on-site employees that monitor the water system. An estimated four daily vehicle trips are anticipated following construction. Construction trips will be minimal; the two new tanks would be placed on site once the pads are prepared; the two existing tanks will be removed; construction supplies for the 10' x 14' filtration building will be delivered to the site, and materials for the retaining wall would be delivered to the site. Estimated construction trips are up to 10 trips per day. Post construction trips are estimated to be four trips per day. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. Response: This application was routed to all of the appropriate public and private service providers including: CalTrans, CAL FIRE, Public Works, Special Districts, Environmental Health, Water Resources, and all area Tribes. Comments are attached as 'Attachment 2'. Ultimately, no adverse comments were received. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. Response: The purpose of the Staff Report is for the Planning Commission to find that the Initial Study (Attachment 5) adequately evaluates potential effects to the environment and provides adequate mitigation measures to reduce potential impacts to less than significant. If that finding can be made, the Planning Commission can adopt the mitigated negative declaration and approve the use permit. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Response: The site does not have any violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code. V. ENVIRONMENTAL REVIEW. The Use Permit application submitted for the Sunrise Shore Mutual Water Company is a new use permit. The facility has been in existence for decades, and no changes to the original Use Permit or CEQA evaluation were undertaken for this project because of the age of the facility. Initial Study / Mitigated Negative Declaration (IS/MND), file no. IS 21/19 has been routed to all applicable agencies who had the ability to comment, and was uploaded to the State Clearinghouse for review on September 15, 2021. The State Clearinghouse review period ended on October 20, 2021, and no comments from State agencies were received as the result of the State Clearinghouse review. Local agency comments are provided as Attachment 2 with this staff report package. CEQA section 15162 potentially applies to certain projects, however the applicable projects must have had prior CEQA evaluations done to them for this CEQA section to be applicable. The Water Company has been in existence for over four decades. Because of the age of the facility, this use permit was evaluated as a new project rather than as an addendum; therefore CEQA section 15162 is not applicable to the environmental evaluation, and a new IS/MND was determined to be appropriate given the scope and scale of this project. The Big Valley Tribe expressed interest in the project. Staff informed Brejle and Race (Justin Witt, P.E.) of this Tribal interest in the project. Mr. Witt communicated with Dino Beltran, Tribal Historic Preservation Officer for the Big Valley Tribe to respond to potential Tribal interest in the project. Mr. Beltran stated in an email dated September 13, 2021 that a Memorandum of Understanding between the Tribe and the County was signed in year 2016 and is in place; this agreement allows the Tribe to place tribal monitors on site during any ground disturbance activities. The existence of the Memorandum and subsequent reply by Mr. Beltran signaled the closure of Tribal interest in this project. The following mitigation measures were established within the IS/MND for this project, and are added as conditions of approval for this use permit: Biological Resources. The project has some potential to impact biological resources. The following mitigation measures are included to reduce these impacts to 'less than significant' levels: * BIO-1 - To avoid potential adverse effects to this species including direct mortality to young or disruption of nesting activities, a pre-construction survey for yellow-billed cuckoo should be performed prior to activities if occurring between mid-May through September, when this species is potentially present. If observed, well construction shall be performed outside the nesting season for this species between September 1 and May 1 to avoid any effects to the birds. No work restrictions are necessary at the tank site or road improvements area due to distance from suitable habitat for this species. * BIO-2: If construction-related activities are initiated during the nesting bird season for all other migratory nesting birds (between March 1 and September 1), the following is recommended to ensure potentially significant impacts to nesting birds are avoided: > Pre-construction nesting bird surveys should be performed within the study area and up to 200 feet of proposed activities. > If nests are found, a no-disturbance buffer should be placed around the nest until young have fledged or the nest is determined to be no longer active by the biologist. The size of the buffer may be determined by the biologist based on species, ambient conditions, and proximity to project-related activities. * BIO-3: All trees/tree limbs should be removed in pieces, rather than felling the entire tree. Felled tree pieces should be shaken gently to rouse any bats and then left overnight prior to removal from the site or on-site chipping to allow any bats to exit the roost. This measure will ensure no significant impacts to pallid bat or other common bats occur. Cultural / Tribal Resources. The project has some potential to impact cultural and tribal resources. The following mitigation measures are included to reduce these impacts to 'less than significant' levels: * CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during site development, all activity shall be halted in the vicinity of the find(s), the applicant shall notify the culturally affiliated Tribe, and a qualified archaeologist to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Director. Should any human remains be encountered, the applicant shall notify the Sheriff's Department, the local overseeing Tribe, and a qualified archaeologist for proper internment and Tribal rituals per Public Resources Code Section 5097.98 and Health and Safety Code 7050.5. * CUL-2: All employees shall be trained in recognizing potentially significant artifacts that may be discovered during ground disturbance. If any artifacts or remains are found, the culturally affiliated Tribe shall immediately be notified; a licensed archaeologist shall be notified, and the Lake County Community Development Director shall be notified of such finds. Noise. This project has some potential to create noise-related impacts, primarily during construction. The following mitigation measures are intended to bring noise-related impacts to 'less than significant' levels: * NOI-1: The maximum non-construction related sounds levels shall not exceed levels of 55 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 45 dBA between the hours of 10:00 p.m. to 7:00 a.m. within residential areas at the property lines * NOI-2: All construction activities including engine warm-up shall be limited Monday through Friday, between the hours of 7:00 a.m. and 7:00 p.m. to minimize noise impacts on nearby residents. Back-up beepers shall be adjusted to the lowest allowable levels. * NOI-3: The maximum one-hour equivalent sound pressure received by a receiving property or receptor (dwelling, hospital, school, library, or nursing home) shall not exceed levels of 57 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 50 dBA from 10:00 p.m. to 7:00 a.m. within residential areas measured at the property lines. Mandatory Findings of Significance. The initial study concluded that this project has some potential to impact the environment, and that mitigation measures can be added that will reduce potential impacts to "less than significant" levels. The specific categories of potential impacts include Biological Resources, Cultural / Tribal Resources, and Noise. Mitigation measures addressing these categories are listed above. VI. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt negative declaration (IS 21-19) for Use Permit (UP 21-18) with the following findings: 1. 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. 2. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1, BIO-2 and BIO-3. 3. Potential impacts related to noise can be mitigated to less than significant impacts with the inclusion of mitigation measures NOI-1, NOI-2 and NOI-3. 4. This project is compatible with land uses in the vicinity. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan and the applicable articles within the Lake County 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 Use Permit UP 21-18 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. Sample Motions: Mitigated Negative Declaration (IS 21-19) I move that the Planning Commission find that the Initial Study (IS 21-19) applied for by Brejle and Race Engineering Consultants on properties located at 6030 Sunrise Court and 6200 Sunrise Drive, Lower Lake, and further described as APNs 043-302-04 and 043-310-05 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 November 18, 2021. Major Use Permit (UP 21-18) I move that the Planning Commission find that the Brejle and Race Engineering Consultants on properties located at 6030 Sunrise Court and 6200 Sunrise Drive, Lower Lake, and further described as APNs 043-302-04 and 043-310-05 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated November 18, 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 fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination. Reviewed By: Mary Darby, Zoning Administrator

Memorandum STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: November 18, 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). Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Original Conditions of Approval 3. Modification Conditions of Approval 4. Agency Comments 5. Revised Site Plan I. 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) 1,960 sq. ft. areas on the site for use as a nursery for immature plants (Attachment 5). 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 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, file no. UP 18-43, included a Biological Resources Report and a Cultural Site Assessment Survey, both of which included the 'expansion area' proposed for the new nurseries. Staff is recommending Approval with Conditions of MMU 21-20. II. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. Staff has determined that the minor modification of use permit UP 18-43 is categorically exempt from CEQA review pursuant to CEQA section 15304. No new (un-surveyed) areas are proposed for this expansion; the nursery areas were all surveyed during the original Biological and Archaeological Surveys that occurred for file no. UP 18-43. Sample Motions: 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 15304 with the findings listed in the staff report dated November 18, 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 November 18, 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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Community Development Department Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: November 18, 2021 RE: RESUBMITTAL - WeGrow LLC * Major Use Permit Resubmittal (UP 20-22) * Initial Study Addendum (IS 20-25) Supervisor District 1 Location: 16750 Herrington Road, Hidden Valley Lake (cultivation site); 17610 Sandy Road and 19678 Stinson Road, Middletown (cluster sites) Assessor Parcel Numbers (APNs): 013-060-40 (cultivation site); 013-014-03 and 11 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan - Revised 3. Agency Comments 4. Conditions of Approval 5. Current Site Plans 6. Initial Study Addendum (CEQA) 7. Biological Assessments 8. Tree Removal and Revegetation Plan 9. Water Availability Analysis; Hurvitz Env. Services, 8-10-2021 10. Public Comments 11. Traffic Analysis 12. Memo - Power Availability and Analysis a. Attachment 12a - Letter from Applicant re: Power to Site b. Attachment 12b - County Codes related to Power I. EXECUTIVE SUMMARY Background The original application was sent to the Planning Commission at a public hearing that occurred on April 22, 2021. The hearing was a combination of 'in-person' and remote via Zoom due to Covid-19 protocol. There was significant testimony from concerned persons who attended. Ultimately the Planning Commission approved the project on a 4 to 1 vote. A timely appeal was filed by a neighboring development. The appeal was heard by the Board of Supervisors on June 8, 2021. The Board realized that the site plan reviewed in the CEQA document that was uploaded to the State Clearinghouse was different than the Planning Commission-approved site plan, and denied the use permit without prejudice. The applicant then re-applied for a use permit and prepared and submitted updated studies, a cumulative water availability analysis (Hurvitz, August 10, 2021), a Tree Removal and Revegetation Plan, two updated well tests, and several other studies that are of record. The CEQA documents were then revised and uploaded to the State Clearinghouse on September 1, 2021 for a 2nd 35 day review period, and a 'Notice of Intent' was sent to each of the people who had submitted testimony during the first hearings before the Planning Commission and the Board of Supervisors. Project Details The applicant is requesting approval of a Major Use Permit for fifteen (15) A-Type 3B (medium Mixed light) commercial cannabis cultivation licenses and (1) A Type 1C (Specialty Cottage mixed-light) license that would include 387,600 sq. ft. of greenhouse cultivation area inside of thirty-two (32) 90' x 120' greenhouses for mature plants; two (2) 90' x 120' greenhouses for immature plants; four (4) 50' x 100' drying buildings, two (2) 200 sq. ft. sheds, and twenty (20) 5,000 gallon water tanks on a 309 acre property located at 16750 Herrington Road (cultivation site); 17610 Sandy Road and 19678 Stinson Road (clustering sites), Hidden Valley Lake / Middletown, California, APNs 013-060-40, 013-014-03 and 11. The project includes one (1) A-Type 13 'Self Distribution' license to enable legal transportation of cannabis to and from the property. According to the Initial Study, the applicant is proposing the removal of 130 blue oak trees, and would if approved be required to replant at a 3:1 ratio using blue oak trees or similar indigenous tree species prior to final occupancy. The applicant's specific project proposal includes the following: Fifteen (15): A - Type 3B: "Medium Mixed Light" Licenses: Greenhouse cultivation for adult use cannabis using light deprivation and/or artificial lighting in the canopy area of 22,000 square feet of total canopy size on one premises per license. * The total proposed cultivation area is 387,600 sq. ft. of taxable area * The total proposed mixed light (greenhouse) canopy is estimated to be 332,160 square feet and will be cultivated in 32 mature greenhouses, 10,380 sq. ft. of canopy area within each mature greenhouse. * Thirty-four (34) 90' x 120' greenhouses (two of which will be used for immature plants, not counted toward mature canopy area) * Four (4) 5,000 sq. ft. drying buildings * Two (2) 200 sq. ft. sheds * Twenty (20) 5,000 gallon water tanks * Removal of 130 blue oak trees One (1): A - Type 13 "Self Distribution License" Power The applicant originally requested a 4000 amp service, which is a large amount of electricity as they will be cultivating 387,600 sq. ft. of canopy in greenhouses with a maximum of 25 watts per square foot. The applicant originally stated that all electricity needed for the project will be supplied from PG&E through the existing connection but that an electrical upgrade would be necessary. Staff contacted PG&E on August 15, 2021 to find out whether the grid at this location could support a 4000 amp service. PG&E contacts Ivan Castro and Jason Newell stated that the applicant would need to upgrade the grid at this location, and that a grid upgrade could take up to four years. The applicant was made aware of this following the discussion with PG&E. The proposed project is proposing a backup generator to be used in emergency situations when electricity cannot be supplied by PG&E. CCR Title 4, Division 19, Chapter 9, Subsection 16306, "Generator Requirements", and Article 27(at) of the Lake County Zoning Ordinance list the rules for using backup generators. Article 27(at) states that backup generators are only permitted for use by cannabis cultivators during power outages; this is stated within the Conditions of Approval for this project. Access The project site is currently accessed by a private gravel driveway that connects with Herrington Road. The existing gravel driveway on the property leads to the center of the property where the cultivation area is proposed. The applicant states that at minimum the driveway will be 20 ft wide with 14 ft of unobstructed horizontal clearance and 15 feet of unobstructed vertical clearance. The access driveway will have 6-inch gravel added to the entire length of it, and the applicant will provide 31 parking stalls (Two ADA) as well as a hammerhead turnaround in front of the cultivation area that will be 20' wide and 60' in length. These standards are required by the Lake County Building Department and by CalFire A site visit by the former Lake County Community Development Department Code Enforcement Manager and current Associate Planner Eric Porter took place on March 19, 2021. The Code Enforcement Manager observed that the existing interior driveway was not adequate to meet Public Resource Codes 4290 and 4291 (CalFire road standards for commercial development). At that time the Code Enforcement Manager pointed out that the interior road was not in compliance with CalFire requirements, but said it could be brought into compliance through the appropriate conditions of approval and mitigation measures, to be verified prior to cultivation. The applicant has provided a Traffic Study, prepared by DTN Engineering, Consulting and Permitting, undated but received on August 21, 2021. The study concluded that the project would generate up to 40 average daily trips during the height of the cultivation season, and that traffic (existing) on Tinilyn and Spruce Grove Roads could accommodate up to 336 cars per day. Current trip counts put the number of trips including the project-related trips well below this number. The study indicated that no additional road improvements to public roads are necessary to accommodate this project. Interior driveway improvements will be required to enable the driveway to meet CalFire Road Standards as described in Public Resource Code (PRC) 4290 and 4291. Pesticide and Fertilizer Storage The project does not propose the storage or use of any hazardous materials. All organic waste will be placed in the designated composting area within the cultivation area. All solid waste will be stored in bins with secure fitting lids until being disposed of at a Lake County Integrated Waste Management facility, at least once a week during the cultivation season. Water Analysis There are two permitted groundwater wells located on site; one is a permitted domestic groundwater well (referred to as 'Well No. 1' in this report), and the other is a permitted agricultural well (referred to as 'Well No. 2' in this report). A six hour run test was completed in 2021 which determined the following: Event: Well No. 1 Well No. 2 Six hour run test date: Feb. 17, 2021 April 9, 2021 Productivity (average GPM): 7.76 GPM 40.0 GPM Water level (start of test): 85 feet below grade 76 feet below grade Total Drawdown after 6 hours: 193' lower than @ start 250' lower than @ start Recharge Rate after 1/2 hr 72% 90% The applicant has provided a Water Use/Water Availability Study (Study) prepared by Hurvitz Environmental Services, dated August 10, 2021, in addition to submitting two well reports which are referenced above and within the Hurvitz Study. Please see Attachment 9. The Study reviewed the projects proposal, the well data and location to determine the impacts of the proposed project, the estimated aquifer capacity, the annual stormwater recharge rates (both pre-drought and post-drought), and projected water usage from other off-site water users. The Study concluded that based on well yield test data collected at the site, and based on the estimated aquifer capacity of 911 acre-feet, or about 297,000,000 gallons of water (or one acre foot = 325,724 gallons of water), it appears that the aquifer storage and recharge area are sufficient to provide for sustainable annual water use at the site and within the area. The study determined that the quantity of groundwater to be used for the project compared to the average quantity of available groundwater and severe drought conditions indicates that pumping for the proposed project is unlikely to result in significant declines in groundwater elevations or depletion of groundwater resources to the project site and to neighboring water users over time. The Study also took into account pre-drought and post-drought conditions. The typical non-drought year recharge rate in Lake County is estimated to be 15% of total rainfall. Estimated non-drought year total rainfall over the probable aquifer was estimated by Hurvitz to be 488 acre-feet. Fifteen percent of this amount in non-drought years is 73.2 acre feet annually according to the Hurvitz study. Drought years assume half as much (coefficient of 8% recharge rather than 15% in non-drought years. Projected drought-year recharge rate is 19.52 acre feet per year. Estimated annual projected water use for this project is 4,713,410 gallons, which is approximately 14.58 acre-feet of groundwater/year. Attachment 9, page 8. The Lake County Zoning Ordinance has no minimum gallons per minute productivity thresholds; water depth / recharge rate thresholds, or other regulations for what constitutes an adequate water availability analysis. The Hurvitz Study concluded that there would be about 5 acre-feet per year of 'surplus' water that would not be used by this cultivator during drought years, which equates to 1,628,000 gallons of surplus recharge (aquifer) groundwater per year. Regarding this specific project, the applicant indicates that they will use a drip-irrigation system inside the greenhouses which is more water-efficient than other methods of irrigation. Cannabis plants typically require between 4 and 6 gallons of water per day per plant. The following chart shows the proposed annual water usage provided by the applicant for the cannabis cultivation irrigation minus the replacement tree irrigation water and employee domestic water use that will be needed. II. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt Mitigated Negative Declaration Addendum (IS 20-25) for resubmitted Major Use Permit (UP 20-22) with the following findings: 1. Potential impacts to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1, AES-2 and AES-3. 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 biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1. 4. Potential environmental impacts related to cultural, historic geological and tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 5. Potential energy-related impacts can be mitigated to less than significant levels with the inclusion of mitigation measure EN-1. 6. Potential impacts related to hydrology and water quality can be mitigated to less than significant impacts with the inclusion of mitigation measures HYD-1. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 8. Potential transportation-related impacts can be mitigated to 'less than significant' levels with the inclusion of mitigation measure TRANS-1 and TRANS-2. 9. Potential impacts related to wildfire can be mitigated to 'less than significant' levels with the inclusion of mitigation measure WILD-1. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Middletown Area Plan and the applicable Zoning Ordinance standards and criteria for a commercial cannabis cultivation operation. 12. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 13. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve resubmitted Major Use Permit UP 20-22 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 or will be adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to 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). Mitigated Negative Declaration Addendum (IS 20-25) I move that the Planning Commission find that the Major Use Permit (UP 20-22) applied for by WeGrow LLC on property located at 16750 Herrington Road, Hidden Valley Lake, and further described as APNs 013-060-40, 013-014-03 and 11 will not have a significant effect on the environment and therefore a mitigated negative declaration addendum shall be approved with the findings for approval listed in the staff report dated November 18, 2021. Resubmitted Major Use Permit (UP 20-22) I move that the Planning Commission find that the resubmitted Major Use Permit (UP 20-22) applied for by WeGrow LLC on property located at 16750 Herrington Road, Hidden Valley Lake, and further described as APNs 013-060-40, 013-014-03 and 11 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 for approval listed in the staff report dated November 18, 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 fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum STAFF REPORT TO: Planning Commission FROM: Community Development Department Mary Darby, Community Development Director Prepared by: Michael Taylor, Assistant Planner DATE: November 10, 2021 RE: Lake Vista Farms, LLC * Major Use Permit (UP 19-36) * Initial Study (IS 19-56) District 2 Supervisor - Bruno Sabatier District 2 Planning Commissioner - Everardo Chavez Perez ATTACHMENTS: 1. Proposed Site Plans 2. Property Management Plan 3. Proposed Conditions of Approval 4. Hydrology Report 5. Drought Management Plan 6. Initial Study 7. Biological Assessment 8. Agency Comments I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation located at 2050 and 2122 Ogulin Canyon Road, Clearlake, California, further described as assessor parcel numbers (APNs): 010-053-01 and 02. The combined parcel area is approximately �302.4 acres and is zoned "RL" for Rural Lands. Located approximately 1.0 mile east of the intersection of State Highway 53 and Ogulin Canyon Road in Clearlake, the project parcel is accessed via a private gravel driveway off of Ogulin Canyon Road. The applicant's proposal includes the clustering of multiple cultivation sites over contiguous parcels as allowed by the County of Lake Zoning Ordinance, Article 27, Section 27.13.(at).1.ii.(j). The proposal includes the following (please see Proposed Site Plans attachment): * Fifteen (15): A - Type 3: "Outdoor" Licenses to allow for a total canopy area of 15-acres located within five (5) areas that total 24.65 acres, labeled in Figure 1 as sites: A, B, C, D, and E. The total cultivation area is 18.75 acres. * The primary cultivation method will be tilled furrows in native soil amended with imported organic materials. Each cultivation area will include temporary, 20' x 100' (2,000 square feet) hoop-houses. Below are the acres and square feet of the proposed canopy areas, hoop houses and cultivation areas for each of the five areas: Site Site Acres Cultivation Area Canopy Area Temporary Hoop Houses Acres Sq. Ft. Acres Sq. Ft. Units Sq. Ft. A Northwestern Hops Field 5.09 5.09 221,795 4.07 177,436 99 178,200 B Southwest Clearing 6.56 6.56 285,865 5.25 228,692 128 230,400 C Northeast Hops Field 1.45 1.45 63,126 1.16 50,501 29 52,200 D Central Hops Field 3.72 3.72 162,248 2.98 129,798 73 131,400 E Chaparral Clearing 7.83 1.92 83,716 1.54 66,973 38 68,400 Total 24.65 18.75 816,750 15.00 653,400 367 660,600 * Portable toilets, trash enclosures, vegetative waste storage areas, 2,500-gallon water storage tanks at each cultivation area, and Conex shipping containers and/or 8'x8' storage sheds (or similar) for storage of pesticides, fertilizers, and hazardous materials. * A 1.5 acre onsite nursery within an existing barn and shade structures at Site C The nursery would be ancillary to proposed cultivation activities where non-flowering/immature plants would be propagated. * Renovated 10' x 30' shipping container (located at Site A) to house security equipment and camera monitors. * 6' tall security wire fencing, secured by locked gates, to enclose cultivation areas. The applicant proposes the cultivation method to be in ground with amended soils and a drip irrigation system. Security Access to the cultivation area comes from the existing gravel driveway which will be equipped with a heavy gage chain link security fence and gate with a keypad entry surrounding the cultivation area. Additionally, the cultivation area will have a minimum 6' fence perimeter that will also require a key pad lock access. The site will be equipped with security cameras that will monitor the cultivation areas, all areas within buildings, areas where vegetative matter is composted, storage rooms, and all entrances and exits. Security cameras will operate 24/7 at a minimum of 30 frames per second (please see the Property Management Plan and Proposed Site Plan attachments for additional information). Water Source and Usage Five (5) permitted groundwater wells will provide irrigation water to the cultivation area through a drip irrigation system. The yield, in gallons per minute (GPM), for each well is summarized in the Table below. An approximate maximum daily potential water demand for an acre, is approximately 2.1 GPM for each acre of canopy, or 31.5 GPM for 15 acres. The combined yield of the five (5) wells is 720 GPM. Thus, the maximum potential demand is only 4.4% of the combined well yield. Depth Yield1 Well # Site (FT) (GPM) 1 A 240 60 2 C 114 60 3 E 460 100 4 D 358 200 5 B 340 300 1Source: Well logs provided by applicant. The total daily demand is approximately 3,000 gallons per day per acre of canopy. The cultivation period is approximately 120 to 180 days. Therefore, the annual water demand is approximately or 5.4 to 8.1 million gallons per year (16.6 to 24.9 acre-feet). The total annual yield from the five (5) wells is 1,161 acre-feet. The annual demand is only 1.4% to 2.1% of the annual yield. There are five (5) proposed 2,500-gallon water storage tanks, one at each cultivation site, located adjacent to the well to provide additional stored water for irrigation and fire suppression. Irrigation Best Management Practices (BMPs) will be implemented to minimize water usage. Also, demand estimates are based on each plant requiring 6-gallons per day, which is a conservative (high) estimate. Therefore, water demand would be less than the maximum daily potential and annual yield (please refer to the Hydrology Report and Drought Management Plan attachments for additional information). Fertilizer and Chemical Usage The proposed project would use organic pest control and fertilizers and will be stored in Conex shipping containers and 8'x8' storage sheds. Fertilizer products will consist of worm castings, guano, and pelletized/powdered products. Pesticides would include Neem oil and organic pesticides. This will significantly limit potential environmental hazards Fertilizers on shelves will be properly labeled and open containers will be sealed when stored. Personal protective equipment such as safety glasses, gloves, dust mask or respirator, boots, pants, and long-sleeved shirts will be used by staff when handling fertilizers and chemicals. The shipping containers and sheds will be weather proof which will ensure all chemicals are stored properly and minimize spillage. Site Preparation Sites A, C, and D are existing agricultural fields that were formerly used to cultivate hops and require minimal site preparation and no grading. One existing walnut tree will be removed from Site A (please refer to Attachment 5) Site B was cleared in 2013 to prepare for agriculture activities but has since filled in with grasses and brush. To prepare for cannabis cultivation, this area will be cleared and tilled to plant up to 5.25 acres of cannabis canopy. Approximately 20 poor-quality walnut orchard trees will be removed. Site E was cleared in 2003 and again in 2009 to prepare for agriculture activities. Since that time, chamise brush has taken over the site. To prepare for cannabis cultivation, the chamise will be cleared and the site will be graded to plant cannabis canopy. The applicant proposes minimal grading. Approximately 1.54 acres of canopy area is proposed. If proposed grading exceeds 50 cubic yards or more than 1-acre of vegetation is cleared, the applicant shall obtain a ministerial grading permit from Lake County (Chapter 30 of the Lake County Code). No native oaks will be removed from any of the sites. Surrounding vegetation will be trimmed and maintained with no additional tree removal. Class II and Class III water courses exists on the project site. Cultivation and site preparation would occur outside of the required water course setbacks of 100 feet for Class II water course and 50 feet for Class II water course. Security cameras would be installed in accordance with County standards. Storm water management improvements including fiber rolls will be installed around the perimeter of the cultivation sites in accordance with the Property Management Plan. Operation The cultivation site business hours will be 7:00 a.m. to 5:00 p.m. Monday through Saturday. Security Staff and security equipment will operate 24 hours per day, 7 days a week. Deliveries and pick-ups are restricted to Monday through Saturday 9:00 am to 7:00 pm and Sundays 12:00 pm to 5:00 pm. Additionally, the cultivation operation will require up to 8 fulltime employees and 15 to 20 seasonal employees during planting and harvesting. Violations and Corrections A permit for Early Activation of Use (EA 20-22), of the proposed Major Use Permit (UP19-36), was approved by the Lake County Community Development Department (CDD) on February 28, 2020, with a cultivation date beginning on April 1, 2020. EA20-22 allowed for commercial cannabis outdoor cultivation within a cultivation area of up to 640,332 square feet (14.7 acres) and a maximum canopy area of 479,160 square feet (11 acres). The applicant's lessee subsequently constructed hoop houses on Site A and graded approximately 56,640 square feet of the eastern portion of Site B to create flat areas for cultivation. The Lake County Community Development Department cited the applicant with a Notice of Violation and a Stop Work Order on May 14, 2020, and revoked EA 20-22. To address the violation, the applicant coordinated with the Community Development Department staff to identify immediate corrective actions, which included removal of the cited hoop houses on Site A, stabilizing earthwork to graded areas of Site B, and installation of storm water management controls to prevent erosion and runoff from the graded areas on Site B. No further cannabis cultivation has occurred at the project site since the revocation of EA20-22. On September 8, 2021 CDD staff conducted a site inspection to confirm the removal of hoop houses on Site A and that storm water management devices were in place for erosion and sediment control on Site B. The hoop houses had been removed and storm water management controls installed. At the time of the site inspection CDD staff required improvements to the storm water management control devices. A subsequent site inspection on September 28, 2021 confirmed that the improvements had been completed and a Grading Violation Clearance was issued (GR21-40). Proposed Site Plan and Cultivation Areas Figure 1 Staff is recommending approval of Major Use Permit, UP 19-36 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-56) with the incorporated Mitigation Measures and Conditions of Approval. II. RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 19-56) for Major Use Permit (UP 19-36) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the implementation of mitigation measure AES-1. 2. Potential air quality impacts can be mitigated to less than significant levels with the implementation of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6, and AQ-7. 3. Potential biological impacts can be mitigated to less than significant levels with the implementation of mitigation measures BIO-1, BIO-2, and BIO-3. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the implementation of mitigation measures CUL-1, CUL-2, and CUL-3. 5. Potential noise impacts can be mitigated to less than significant levels with the implementation of mitigation measures NOI-1 and NOI-2. 6. This project is consistent with land uses in the vicinity. 7. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan and the Lake County Zoning Ordinance. 8. 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. 9. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts (Attachment 3). B. Approve Major Use Permit UP 19-36 with the following findings: 1. The establishment, maintenance, or operation of the permitted use will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing and working in the neighborhood, or detrimental to property and improvements, and 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, 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. 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 on the basis of Initial Study No. 19-56, that the Major Use Permit No. UP 19-36 applied for by Lake Vista Farms, LLC on property located at 2050 and 2122 Ogulin Canyon Road, Clearlake, further described as APNs: 010-053-01 and 02, 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 November 10, 2021. Major Use Permit (UP 19-36) I move that the Planning Commission find that the Major Use Permit (UP 19-36) applied for by Lake Vista Farms, LLC on property located at 2050 and 2122 Ogulin Canyon Road, Clearlake, further described as APNs: 010-053-01 and 02, meets 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 November 10, 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 fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.