Planning Commission — Thursday, August 26, 2021

MEMORANDUM STAFF REPORT TO: Planning Commission FROM: Carol Huchingson, County Administrative Officer Prepared by Eric Porter, Associate Planner DATE: August 26, 2021 SUBJECT: Castlewood Parcel Map, PM 21-01; Categorical Exemption to CEQA Supervisorial District 3 ATTACHMENTS: 1. Vicinity Map 2. Tentative Parcel Map 3. Proposed Conditions of Approval 4. Agency Comments I. EXECUTIVE SUMMARY On May 28, 2021, the applicant Castlewood Estates LLC submitted an application for a two (2) parcel land division. The 6.57 acre property would be divided into two equally-sized parcels, each being 3.26 acres. Parcel 1 contains an orchard; Parcel 2 contains a high density dwelling development. VII. RECOMMENDATIONS Staff recommends that the Planning Commission take the following actions: A. Adopt a Categorical Exemption for Parcel Map, PM 21-01 with the following findings: 1. There is no new development proposed or contemplated by the developer. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts. 3. No new information of substantial importance to the project has become available. 4. The project will not result in a substantial environmental impact. B. Approve Parcel Map PM 21-01 with the following findings: 1. This project is consistent with the Lake County General Plan, Lake County Zoning Ordinance, Chapter 17 (Subdivisions) of the Lake County Code, and the Upper Lake - Nice Area Plan. 2. This land division is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act. 3. The parcel map is compatible with neighboring land uses. 4. The project will not result in any environmental impacts since no development is proposed with this land division. Sample Motions: Categorical Exemption I move that the Planning Commission find on the basis of the environmental review undertaken by the Planning Division and no mitigation measures were added to the project, that the Parcel Map, PM 21-01 as applied for by Castlewood Estates LLC on property located at 6763 Collier Avenue, Upper Lake, APN 031-071-18 will not have a significant effect on the environment and thereof, recommend the Planning Commission approve the proposed Categorical Exemption per CEQA section 15315 with the findings listed in the Staff Report dated August 26, 2021. Parcel Map, PM 21-01 I move that the Planning Commission find that the Tentative Parcel Map, PM 21-01 as applied for by Castlewood Estates LLC on property located at 6763 Collier Avenue, Upper Lake, APN 031-071-18 is in conformance with the provisions of the Subdivision Map Act and Chapter 17 of the Lake County Code and the Lake County Zoning Ordinance, and upon that basis approve said map subject to the conditions and with the findings listed in the Staff Report dated August 26, 2021. NOTE: The applicant or any interested person is reminded that the subdivision ordinance provides for a fifteen (15) 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 fifteenth calendar day following the Commission's final determination.

MEMORANDUM STAFF REPORT TO: Planning Commission FROM: Carol Huchingson, County Administrative Officer Prepared by: Eric Porter, Associate Planner DATE: August 26, 2021 RE: BG Property Management LLC; Major Use Permit (UP 20-82) and Initial Study (IS 20-98). APNs: 007-006-45, 10 and 43 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Site Plans 3. Property Management Plan 4. Agency Comments 5. Proposed Conditions of Approval 6. Initial Study IS 20-98 7. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for two (2) A-Type 3B "medium mixed light" licenses; eight (8) A-Type 3 'medium outdoor' licenses, one (1) A-Type 4 nursery license, and one (1) A-Type 13 'self-distribution' license. The applicant has also applied for a simple grading permit, however the projected amount of earth to be moved is not enough to trigger a grading permit (45 cu. yds.). The project consists of: * Area A: 273,000 sq. ft. of outdoor cultivation * Area B: 73,667 sq. ft. of outdoor cultivation * Area C: Eight (8) 30' x 100' greenhouses (24,000 sq. ft. of cultivation area) * Area D: Eight (8) 30' x 100' greenhouses (24,000 sq. ft. of cultivation area) * Area E: 10,000 sq. ft. drying building * Other: 18 parking spaces; 2 ADA parking spaces; eighteen (18) 2,500 gallon water storage tanks. Construction * Construction is projected to take place over a five to seven week period * Construction would occur between 9:00 am and 6:00 pm Monday through Saturday * A total of 45 cubic yards of earth would be moved according to the materials submitted by the applicant * Construction truck and equipment trips are projected to be 130 to 160 total trips. * Earth disturbance would consist of extending / widening the interior driveway; pad preparation for the greenhouses; construction of parking areas and turn-arounds for emergency vehicles, and installation of fencing. Zoning of Site and Surrounding Lots Post Construction Cultivation Activities * Self-distribution; an A-Type 13 self-distribution is requested * On-site drying, trimming and packaging is proposed in a 10,000 sq. ft. building * The applicant and has provided well data showing the adequacy of the water table in this location. * Fertilizer is packed in five-gallon, resealable containers and stored in a secondary storage container located in a locked storage shed adjacent to the canopy site. Fertilizer is entirely organic * Daily operations will occur between 8:00 am and 6:00 pm Monday through Saturday * The facility is open for delivery and pick-ups Monday through Saturday, 9:00 AM to 7:00 PM, and Sunday 12:00 PM to 5:00 PM. * Up to twenty employees working on the site during peak harvest times, and up to 15 employees per day during non-peak harvest times. * Estimated daily vehicle trips would range between forty and eighty trips during peak harvest times. Staff is recommending Approval with Conditions of UP 20-82. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 20-98) for Major Use Permit (UP 20-82) 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 and AES-2. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5 and AQ-6. 3. Potential environmental impacts to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1. 4. Potential environmental impacts related to Cultural / Geological / Tribal Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 5. Potential environmental impacts related to Geological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2 and GEO-3. 6. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2 and NOI-3. 7. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 8. Any changes to the project will require either an amended Use Permit and/or a new Use Permit unless the Community Development Director determines that any changes have no potential increased environmental impacts. B. Approve Major Use Permit UP 20-82 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for with the change to the license type described herein will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. 7. The proposed use complies with all development standards described in Section 1.i 8. The applicant is qualified to make the application described in Section 1.ii.(g) 9. The application complies with the qualifications for a permit described in Section 1.ii.(i) Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 20-98) applied for by BG Property Management LLC on property located at 9200, 9100 and 8722 Highland Springs Road, Lakeport, and further described as APNs: 006-007-45, 10 and 43 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 August 26, 2021. Major Use Permit (UP 20-82) I move that the Planning Commission find that the Major Use Permit (UP 20-82) applied for by BG Property Management LLC on property located at 9200, 9100 and 8722 Highland Springs Road, Lakeport, and further described as APNs: 006-007-45, 10 and 43 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 August 26, 2021. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission's decision, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Planning Commission's final determination.