Planning Commission — Thursday, October 28, 2021

Memorandum Date: October 28, 2021 To: Planning Commissioners From: Mary Darby, Community Development Department Director Subject: Consideration of Proposed 2022 Planning Commissioner Regular Meeting Calendar Executive Summary: Attached hereto, please find proposed Planning Commissioner 2022 Regular Meeting Calendar for your consideration Recommended Action: I recommend the Commission approve the proposed 2022 Planning Commission Regular Meeting Calendar.

Memorandum STAFF REPORT TO: Planning Commission FROM: Community Development Department Mary Darby, Community Development Director Prepared by: Michael Taylor, Assistant Planner DATE: October 28, 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) individually fenced cultivation areas that total 25.8 acres, labeled in Figure 1 as sites: A, B, C, D, and E. * The primary cultivation method will be tilled furrows in native soil amended with imported organic materials. Each cultivation area will include temporary hoop-houses. Hoop-house is defined in the County of Lake Zoning Ordinance, Article 68, as an unheated outdoor enclosure used for the purpose of growing and/or for protecting seedlings and plants from cold weather but not containing any mechanical or electrical systems or storage of any items. Typically a hoop-house is of semi-circular design made of, but not limited to, piping or other material covered with translucent material. * 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 6.4 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. If proposed grading exceeds 50 cubic yards or more than 1-acre of vegetation is cleared, the applicant will 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 AQ-8. 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 geology and soils can be mitigated to less than significant levels with the implementation of mitigation measures GEO-1, GEO-2, GEO-3 and GEO-4. 6. Potential hazards hazardous materials can be mitigated to less than significant levels with the implementation of mitigation measures HAZ-1, HAZ-2, and HAZ-3. 7. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the implementation of mitigation measures HYD-1, HYD-2, HYD-3, HYD-4, HYD-5, HYD-6, and HYD-7. 8. Potential noise impacts can be mitigated to less than significant levels with the implementation of mitigation measures NOI-1 and NOI-2. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan and the Lake County 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 (Attachment 5). 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 October 22, 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 October 22, 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: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: October 28, 2021 RE: Green Bear Cali LLC; Amendment (MMU 21-22) to an approved Use Permit (UP 18-35) for Commercial Cannabis Cultivation and Initial Study (IS 18-43). Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Conditions of Approval - Original 3. Conditions of Approval - Modification 4. Agency Comments 5. Revised Site Plan 6. Initial Study (IS 18-43) Addendum 7. Water Availability Analysis I. EXECUTIVE SUMMARY On March 28, 2019, the Planning Commission approved Use Permit UP 18-35 on the subject site (Attachment 2). The original use permit approval was for 49,728 square feet of Mixed-light cultivation area comprised of 46,080 square feet of canopy area within (20) 2,304 sq. ft. greenhouses; a 3,000 sq. ft. metal processing building, two existing 330 sq. ft. covered workstations, and a 1,460 sq. ft. greenhouse for immature canopy. The site uses an existing permitted groundwater well, and a drip-micro spray irrigation system for water conservation. Please see Attachment 7. On July 9, 2021, the County received an application for an Amendment to Major Use Permit, (file no. MMU 21-22, amending file no. UP 18-35; please see Attachment 3) that shows an amended canopy area of 27,900 sq. ft. of total canopy area within the twenty existing flowering greenhouses. The Minor Modification application adds an additional thirteen (13) 2,304 sq. ft. flowering greenhouses, each with 1,395 sq. ft. of canopy, plus three additional immature plant greenhouses. The thirteen flowering greenhouses would add an additional 18,135 sq. ft. of canopy area, bringing the total proposed canopy area to 46,035 sq. ft. The original cultivation area would remain at 49,728 sq. ft. of taxable Mixed-light area. The proposed Mixed-light canopy area of 46,035 sq. ft. is allowed on the 54.6 acre property per Article 27(at) subject to a use permit modification. The 54.6 acre subject site takes access from Clark Drive, a paved, County-maintained road. The road is relatively flat at this location, and there is good visibility entering and leaving the site. The original application included a Biological Assessment and a Cultural Resource Evaluation, both of which included the 'expansion area' proposed for the new nurseries, and addendums for each Survey was provided with this modification application. Staff has received comments from notified agencies (Attachment 4); no adverse comments were received for this amendment to UP 18-35. Staff is recommending Approval with Conditions of MMU 21-22. II. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions; these agencies include, but are not limited to: CalFire; Air Quality; Environmental Health; Building Department; Road Department for any work that occurs in the County right-of-way, and the Planning Department. Staff has prepared an addendum for file no. IS 18-43 and has uploaded the CEQA documents to the State Clearinghouse as of September 8, 2021. (Attachment 6). The potential categories for impacts are Aesthetics, Air Quality, Tribal/Cultural and Noise. Mitigation measures have been prepared and are conditions of approval for this action. The mitigation measures that apply to this action are as follows: Aesthetics AES-1: Prior to cultivation, the applicant shall use blackout screening in or on all greenhouses to prevent light from being visible from roads and neighboring dwellings. Air Quality AQ-1: Prior to obtaining the necessary permits and/or approvals for any phase, applicant shall contact the Lake County Air Quality Management District and obtain an Authority to Construct (A/C) Permit for all operations and for any diesel powered equipment and/or other equipment with potential for air emissions. AQ-2: All Mobile diesel equipment used for construction and/or maintenance must be compliance with State registration requirements. Portable and stationary diesel powered equipment must meet the requirements of the State Air toxic Control Measures for CI engines as well as Lake County Noise Emission Standards. AQ-3: Construction and/or work practices that involve masonry, gravel, grading activities, vehicular and fugitive dust shall be management by use of water or other acceptable dust palliatives to maintain two inches of visibly-moist soil in the project area and to ensure that dust does not leave the property. AQ-4: The Cultivation of Commercial Cannabis is subject to AB 2588 Air Emission Inventory requirements administrated by the Lake County Air Quality Management District. Therefore, the applicant shall maintain records of all hazardous or toxic materials used, including a Material Safety Data Sheet for all volatile organic compounds utilized, including cleaning materials. Said information shall be made available upon request and/or the ability to provide the Lake County Air Quality Management District such information in order to complete an updated Air Toxic emission Inventory. AQ-5: All vegetation during site development and ongoing operation shall be chipped and spread for ground cover and/or erosion control. The burning of cannabis waste material is prohibited. AQ-6: The applicant shall have the primary access and parking areas surfaced with chip seal, asphalt or an equivalent all weather surfacing to reduce fugitive dust generation. AQ-7: All areas subject to semi-truck/trailer traffic shall be paved with asphaltic concrete or an all-weather surfacing to reduce fugitive dust generation. AQ-8: All areas subject to low use (driveways, over flow parking, etc.) shall be surfaced with gravel. Applicant shall regularly use and/or maintain graveled area to reduce fugitive dust generations. Cultural / Tribal 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 culturally affiliated 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 NOI-1: 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. This mitigation does not apply to night work. NOI -2: 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 as specified within Zoning Ordinance Section 21-41.11 (Table 11.1) at the property lines. NOI-3: The operation of the Air Filtration System 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 as specified within Zoning Ordinance Section 21-41.11 (Table 11.2) measured at the property lines. Findings of Significance. The IS/MND contained Findings of Significance that identified categories listed above that had some potential for impacts. The IS/MND contained mitigation measures that have been translated into conditions of approval for the original and the amended project. Sample Motions: Initial Study Addendum (IS 18-43) I move that the Planning Commission find that that the addendum to the Initial Study IS 18-43 applied for by Green Bear Cali LLC on a property located at 4680 Clark Drive, Kelseyville, further described as APN: 008-042-04 will not have a significant effect on the environment, and impacts resulting from this project can be mitigated with specific mitigation measures being added as conditions of approval, and with the findings listed in the staff report dated October 28, 2021. Modification (MMU 21-22) I move that the Planning Commission find that the Modification (MMU 21-22) applied for by Green Bear Cali LLC on a property located at 4680 Clark Drive, Kelseyville, further described as APN: 008-042-04 does meet the requirements of Sections 5, 51.4 and 60 of the Lake County Zoning Ordinance and the Modification be granted subject to the conditions and with the findings listed in the staff report dated October 28, 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: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: October 28, 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. General Plan Conformance The General Plan designation for the subject site is Rural Lands. The following General Plan policies relate to site development in the context of this proposal: Rural Lands allows for rural development in areas that are primarily in their natural state, although some agricultural production, especially vineyards, can occur on these lands. This category is appropriate for areas that are remote or characterized by steep topography, fire hazards, and limited access. Typical uses permitted by right include, but are not limited to, animal raising, crop production, single family residences, game preserves and fisheries. Other typical uses permitted conditionally include, but are not limited to, recreational facilities, manufacturing and processing operations, mining, and airfields. These lands also provide important groundwater 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, and are located outside of Community Growth Boundaries. General Plan goals, objectives and policies that apply to this proposed project are as follows; Land Use * Policy LU-1.3 Prevent Incompatible Uses. The County shall prevent the intrusion of new incompatible land uses into existing community areas. * Goal OSC-1 Biological Resources. To preserve and protect environmentally sensitive significant habitats, enhance biodiversity, and promote healthy ecosystems throughout the County. * Policy OSC-1.5 Creek Management Plans and Mineral Reclamation Plans. Creek Management Plans and Mineral Reclamation Plans shall include measures to protect and maintain riparian resources and habitats. Cannabis cultivation is allowed by major or minor use permit depending on its size and characteristics in the Rural Lands zoning district. In this case compatibility is determined by the potential impacts that this proposed use could have on the vicinity. The immediate area consists of lots that range in size from 1+ to 530 acre lot to the south. Some of which are developed with dwellings. All potentially affected agencies were notified of this action, and their comments are included in Attachment 4. Economic Development: * 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". The proposed Commercial Cannabis Operation, would create diversity within the local economy, create future employment opportunities for up to 5 local residents. Middletown Area Plan Conformance. The subject site is within the Middletown Area Plan's boundary. The Plan contains several policies that are subject to consistency review as follows: * 5.1.2.d Support continued enforcement of County Zoning Codes and further refine abatement programs for code violations. * 5.1.5 Encourage comprehensive economic development efforts for the long-term benefit of the Planning Area aimed at increasing local employment opportunities. * 5.1.5b Priority should be given to providing service and employment opportunities locally. * 5.1.5c Increase local employment opportunities in order to provide an adequate number of jobs to support the local population. * 5.4.2b The use of permeable surfaces for driveways and sidewalks shall be encouraged to increase groundwater recharge and reduce runoff. Zoning Ordinance Conformance Article 7 - Rural Lands (RL). The purpose of this zoning designation is to provide for resource related and residential uses of the County's undeveloped lands that are remote and often characterized by steep topography, fire hazards, and limited access. Article 27 - Use Permits The purpose of Article 27 is for those uses possessing characteristics of unique and special form as to make their use acceptable in one or more districts upon issuance of a zoning permits, minor or major use permits in addition to any required building, grading and/or health permits. Article 60 - Expiration, Revocation, or Modification of Permits and Reapplication Development Standards, General Requirements and Restrictions. This application meets the following Development Standards, General Requirements and Restrictions as specified within Article 60 of the Lake County Zoning Ordinance. 60.33 Reapplication for amendment of permits: Any permit pursuant to this Chapter may be amended by the granting of a new permit of the same type and following the same procedure for adoption of the original permit, except as specifically provided for in this Chapter. Amendments to permits may include extensions of expiration periods as provided for in Section 60.10 and changes in uses, structures, and conditions previously approved; however, any change in conditions must be approved by the Review Authority that originally adopted such conditions. Response: The applicant has met the terms of the original approval (Attachment 2). However, in order to modify an existing and approved use permit, the applicant must apply for an amendment pursuant to Lake County Article 60. 33. (Attachment 3) Development Standards * Minimum Lot Size (20 acres per A-Type 3B license): Complies, the lot is +20 acres in size. The applicant needs 20 acres for the A-Type 3B license. * Setback from Property Line (100 feet): Complies; the cultivation site is set back 100 feet from the nearest property line located to the south-west. * Setback from Off-Site Residence (200 feet): Complies; the nearest dwelling is about 635 feet away from the cultivation area to the northeast. Existing and Proposed Greenhouse Locations (Attachment 5) * Minimum Fence Height of Six (6) Feet: Complies; the proposed fence is 6' tall. * Maximum Canopy Area (22,000 sq. ft. maximum): Complies; the proposed canopy areas would remain at 21,996 sq. ft. in total area since nurseries are not regarded as 'canopy area', since they are limited to immature plants. General Requirements. The original Conditions of Approval remain in full force and effect with one specific change; (1) The approved cultivation area is 25,996 consisting of mature plant canopy, and 7,840 sq. ft. of nursery area / cultivation area consisting of immature plant propagation. Total cultivation area is now 33,836 sq. ft. with no change to the total square footage of mature plant canopy. 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 October 28, 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 October 28, 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: October 28, 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. 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 October 28, 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 October 28, 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.