Planning Commission — Thursday, June 10, 2021

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Prepared by: Michael Taylor, Assistant Planner DATE: June 10, 2021 RE: Ursa Valley, LLC * Major Use Permit (UP 20-86) * Initial Study (IS 20-102) * Early Activation (EA 20-102) Supervisor District 3 - Supervisor Crandell Planning Commissioner - Commissioner Brown ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Proposed Site Plans 6. Initial Study 7. Biological Assessment I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) located at 10950 Bachelor Valley Road, Witter Springs, California, further described as Assessor Parcel Numbers (APNs): 002-046-09, 002-046-15, 002-046-16 and 002-046-17. The applicant proposes the Collocation of Permits and Clustering which is permitted through Article 27 Section (at)1.i.ii.(j) of the Lake County Zoning Ordinance. Through this section, multiple cultivation permits may be allowed on a single parcel provided that each permit meets the minimum acreage requirement and all other development standards as provided. The applicant proposes to cluster APNs 002-046-09, 002-046-15 and 002-046-16, 002-046-17, 002-025-52 and 002-025-53. APNs 002-046-09, 002-046-17, 002-025-52 and 002-025-53 will only be used for the acreage and no cultivation will occur on these parcels. All cultivation activities will occur only on parcels 002-046-15 and 002-046-16. The applicant's proposal will include the following: * Twelve (12) A-Type 3 "Medium Outdoor" canopy areas located in four (4) associated outdoor cultivation/canopy areas, with a total cultivation/canopy area of 12 acres / 522,720 ft2 (see Attachment 5) * The cultivation areas will be enclosed and secured with a six-foot-tall wire fence with privacy mesh to screen the cultivation/canopy area(s) from public view * One(1) 120 ft2 (10'X 12') Security Shed (item "N" on Site Plans) * One(1) 160 ft2 (8' X 20') Pesticides & Agricultural Chemicals Storage Area (item "M" on Site Plans, as provided in Attachment 5). * Designated Refuse/Waste Area (item "P" on Site Plans) * One(1) 500 ft2 (20' X 25') Compost Area (item "S" on Site Plans) * Approximately seven (7) parking spaces, plus one (1) ADA-compliant Parking Space (item "Q" on Site Plans) * Portable Restrooms, including an ADA-compliant restroom (item "R" on Site Plans) The cultivation area will be within an enclosed area secured by a fence approximately six (6) feet in height. The fence will be screened with a privacy mesh, which will help reduce visibility within the surrounding area. The proposed outdoor cultivation method is above ground in planters with drip irrigation systems pressurized by electric pumps from the well source. Security 6-foot woven wire fences will be erected around the proposed cultivation/canopy area(s). Privacy Screen/Cloth will be installed on the fences where necessary to screen the cultivation area from public view. Posts will be set into the ground at not more than 10-foot intervals, and terminal posts will be set into concrete footings. Secured entry and access to the cultivation/canopy area(s) will be controlled via locking gates that will be locked whenever Ursa Valley's managerial personnel are not present. All gates will be secured with heavy duty chains and commercial grade padlocks. Only approved managerial staff will be able to unlock the gates of the cultivation operation. Water Source and Usage The cultivation operation will use water from five (5) existing, agricultural groundwater wells. According to the application package, the existing wells produce approximately 61 gallons per minute which would translate to approximately 32,061,600 gallons per year. The total proposed water usage on an annual basis is approximately 5,555,500 gallons which includes water usage for the cultivation operation and domestic use. The proposed project would utilize approximately 17.3% of the well's full capacity. The water use calculations submitted by the applicant are below: Water Use Well Yield Fertilizer and Chemical Usage All fertilizer and pest management products will be stored in the 160 square foot hazardous material storage shed. According to the application, personal protective equipment will be used when handling fertilizers and other chemicals, such as safety glasses, gloves, dust masks, etc. The chemicals used for the operation will be contained and sealed to prevent spillage and handles in accordance with State and Federal regulations regarding handling and storage of fertilizers and pest management products. Additionally, the applicant proposes all cannabis vegetative waste to be placed in the cannabis waste storage shed for composting or transportation to an offsite disposal area by a licensed waste handler. Operation The facility will be open Monday through Saturday, 8:00 AM to 8:00 PM. Deliveries and pick-ups will occur during this time-frame. According to the application, visitation will only be allowed when specific permission is granted. Number of Shifts and Employees: * Cultivation Season (excluding harvest): Two (2) shifts with up to seven (7) employees during peak shift. * Harvest Season: Three (3) shifts with up to fourteen (14) employees during peak shift. Unique Farmland The cultivation site is located in Witter Springs and within Unique Farmland. The cultivation of commercial cannabis will be outdoor. In accordance with Article 27 Section (at).1.vi. of the Lake County Zoning Ordinance, within areas of unique farmland as depicted on the current Lake County Important Farmland Geographical Information System prepared by the State California Department of Conservation Farmland Mapping and Monitoring Program, commercial cannabis cultivation shall be limited to indoor, mixed-light, and greenhouses that are equipped with filtration systems that prevent the movement of odors, pesticides, and other air borne contaminates out of or into the structure. Per Article 27 (at).vi of the County of Lake Zoning Ordinance the permitting authority may allow outdoor cultivation outside a greenhouse if the unique farmland, are isolated areas that are not connected to a large system of such lands. The proposed project is located at the upper end of Witter Springs farmland area and is isolated from the larger system (Please see image below). The project property is not located within the Farmland Protection Zone as defined in Article 27 [As amended through Ordinance 3101, adopted 12/15/2020]. According to the County of Lake GIS data and Google maps the nearest agricultural operation is located approximately 1,000 feet southwest of the Project Site. According the Property Management Plan the agricultural operation is a certified organic walnut orchard that does not utilize pesticides banned for use on commercial cannabis. Additionally, all pesticides used at this agricultural production operation are applied in the spring, before the start of Ursa Valley's proposed cultivation season. Ursa Valley's Site Manager, Jaime Restrepo, met with the owner of this agricultural production operation and the Lake County Agricultural Commissioner in August of 2020, to inform them of Ursa Valley's plans to establish an outdoor commercial cannabis cultivation operation on the Project Parcels. On August 27th, 2020, the Lake County Agricultural Commissioner emailed the Deputy Director of the Lake County Community Development Department, informing the Deputy Director that neither the Lake County Agricultural Commissioner nor the owner of the certified organic walnut orchard oppose Ursa Valley's proposed outdoor commercial cannabis cultivation operation. Farmland Proposed Site Plan and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-86 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-102) 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 20-102) for Major Use Permit (UP 20-86) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1. 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, and AQ-7. 3. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2, and CUL-3. 4. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, BIO-6, and BIO-7. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion 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 inclusion of mitigation measures HAZ-1, HAZ-2, HAZ-3, HAZ-4, HAZ-5, HAZ-6, and HAZ-7. 7. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, HYD-2, and HYD-3. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion 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, Upper Lake/Nice Area Plan and Zoning Ordinance. 11. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 12. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-86 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Upper Lake/Nice Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-86) applied for by Ursa Valley, LLC on property located at 10950 Bachelor Valley Road, Witter Springs, CA further described as APNs: 002-046-09, 002-046-15, 002-046-16, 002-046-17, 002-025-52, and 002-025-53 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 June 10, 2021. Major Use Permit (UP 20-27) I move that the Planning Commission find that the Major Use Permit (UP 20-86) applied for by Ursa Valley, LLC on property located at 10950 Bachelor Valley Road, Witter Springs, CA further described as APNs: 002-046-09, 002-046-15, 002-046-16, 002-046-17, 002-025-52, and 002-025-53 does meet the requirements of Section 51.4 and Article 27, Section 1 [i,ii(g),i(ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated June 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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Prepared by: Sateur Ham, Assistant Planner DATE: June 10, 2021 RE: Western Mine Farms, LLC * Major Use Permit (UP 20-39) * Categorical Exemption (CE 21-24) Supervisor District Moke Simon Planning Commissioner John Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Notice of Exemption 6. Agency Comments I. EXECUTIVE SUMMARY Western Mine Farms, LLC is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) located at 14507 Western Mine Road, Middletown, CA on Lake County APN 013-030-29. The applicant's proposal is one (1) A-Type 3 "Outdoor" License, outdoor cultivation for adult-use cannabis without the use of light deprivation and/or artificial lighting in the canopy area of one acre in size per licenses located on within the immediate proximity of the residential home and is proposed to be located surrounding an existing tennis court. The proposed project site had been previously graded to test the feasibility for geothermal electrical general but found to be unsuitable and was later sold. The project does 120 square feet security shed to be used in the cultivation area which will not require any building permits. There are existing three (3) 5,000-gallon poly tanks that will be used for water storage for both the home and irrigation. A biological report, archeological report and a water supply assessment was conducted on the project site. The project does not predict to result in significant impact with best management practices, routine maintenance, and regulatory compliance from local, state, and federal is incorporated to operate the cannabis operation. Figure 1.Proposed Site Plan and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-39, and the adoption of a Categorical Exemption based on the environmental analysis (Categorical Exemption, CE 21-24). II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Find that this project has been found to be Categorical Exempt from CEQA as a Class 4 Exemption. 1. The project is consistent with CEQA Categorical Exemption, Class 4 (Minor Alterations to Land), which consists of minor or private alterations in the conditions of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. 2. This project is consistent with land uses in the vicinity. 3. This project is consistent with the Lake County General Plan, Middletown Area Plan, and Zoning Ordinance. 4. 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. 5. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-39 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Middletown 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 application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii and attachments 1 through 6. Sample Motions: Categorical Exemption (CE 21-24) I move that the Planning Commission find that the Major Use Permit (UP 20-39) applied for by Western Mine Farms, LLC (Amy Soderlind) on property located at 14507 Western Mine Road, Middletown, CA, further described as APNs: 013-030-29 is exempt from CEQA because it falls within Categorical Exemption Class 4 (15304), based on the findings set forth in Staff Report dated June 10, 2021. Major Use Permit (UP 20-03) I move that the Planning Commission find that the Major Use Permit (UP 20-39) applied for by Western Mine Farms, LLC (Amy Soderlind) on property located at 14507 Western Mine Road, Middletown, CA, further described as APNs: 013-030-29 does meet the requirements of Section 51.4 and Article 27, Section 1(at) [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 June 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 fees 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: Scott DeLeon, Interim Community Development Director Prepared by: Eric Porter, Associate Planner DATE: June 10, 2021 RE: Appeal AA-21-01 of a File Closure of file no. UP 19-12 and Initial Study IS 19-24 for a Commercial Cannabis Cultivation project. Applicant / Appellant: Pura Vida / Pete Crowley Files No.: Use Permit (UP 19-12) and Initial Study (IS 19-24) Location: 18086 Dam Road, Clearlake APN: 010-013-29. Supervisor District 2 ATTACHMENTS: 1. Vicinity Map 2. Letter from Property Owner George Mainas dated January 5, 2021. 3. Letter from Lake County to Applicant Crowley dated March 29, 2021 4. Letter from Lake County to Applicant Crowley dated May 7, 2021. 5. Appeal Application and Support Materials submitted by the Appellant 6. Email correspondence with Applicant; April 27, 28, 29, 2021 7. Initial Study IS 19-24 8. Appellant's Burden of Proof I. BACKGROUND On May 1, 2019, the applicant applied for a use permit for (1) A-Type 3 (medium outdoor) cultivation area consisting of up to 43,056 square feet (sq. ft.) of canopy area, a California Environmental Quality Act review (CEQA). The application was later amended to include an A-Type 13 Self Distribution license. On May 24, 2019, staff sent an 'incomplete application' letter to the Applicant. On August 2, 2019, Associate Planner Eric Porter and Building Official Jack Smalley attempted to do a site visit but were unable to get through the locked gate. Applicant did not show up to meet staff as he had agreed to. On January 27, 2020, staff and Code Enforcement Manager Andrew Williams conducted a site visit. The site was completely non-compliant with Public Resource Code (PRC) 4290 and 4291 due to road width, road slope, separation from a public road of more than one mile; crossing unrated culverts (three in total); overhead vegetation. Between January 27, 2020 and February 26, 2020, the applicant changed the scope of the project by eliminating most of the 'upper level' outdoor cultivation areas originally proposed for greenhouse cultivation due to the inability of the site to comply with PRC 4290 and 4291 standards. This changed the scope of the project and it became eligible for review as a Minor Use Permit, although no file number was re-assigned to the project. On February 26, 2020, the County issued Early Activation for 8,725 sq. ft. of outdoor cultivation area. On July 27, 2020, Code Enforcement Manager Andrew Williams emailed CalCannabis Compliance Officer Caitlin Lynch asking whether the applicant had applied for State Provisional licenses and indicated that the site had enforcement issues associated with the subject site. On August 26, 2020, the County approved an extension for Early Activation of the same cultivation area originally approved by the first Early Activation permit. On January 5, 2021, the County received a notarized letter from Property Owner George Mainas (Clearlake Development Group) indicating that Consultant Roy (Trey) Sherrill had property owner's consent to discuss any projects that were proposed for APN: 010-013-29. Attachment 2. In February and March 2021, the County received several phone calls from a realtor representing the buyers for APN: 010-013-29. The dates and names associated with these inquiries were not logged. The realtor indicated that the cultivator would not be allowed to remain on the property once the property changed ownership. The County indicated that this was a civil matter between the cultivator and the owner of record. On March 29, 2021, the County sent a letter to applicant Peter Crowley that gave Mr. Crowley 30 days to produce written proof that the property owner Mainas still supported Mr. Crowley's use of the subject property for commercial cannabis cultivation. The letter (Attachment 3) in relevant part stated: 1. Property Owner Consent to Proceed There is some confusion regarding if this permit can move forward based on Property Owner Approval. The realtor representing the seller has stated that the property is in 10 day escrow and is being sold to persons currently residing in Texas. Per Article 27 of the Lake County Zoning Ordinance, subsection (at)(i) the applicant must submit written property owner approval. The code section is quoted in full below: (i) Property Owner's Approval: If the property where the cannabis activity is to be located is not owned by the applicant, written approval shall be obtained from the property owner(s), containing the property owner(s) notarized signature that authorizes the tenant or lessee to cultivate cannabis at the site. A copy of the written approval shall be maintained by the tenant or lessee and made available for review by enforcement officials upon request. Written approvals shall be renewed annually. On May 7, 2021, the County sent a 'file closure' letter to the applicant Peter Crowley, indicating that he could appeal the decision to close the file if an appeal was filed within seven (7) days of the May 7, 2021 letter. Attachment 4. On May 10, 2021, this appeal was filed with the County within the seven day appeal period. Attachment 5. Staff is recommending denial of appeal no. AA 21-01 and closure of file no. UP 19-12 and IS 19-24. II. RECOMMENDATION Staff recommends the Planning Commission:: A. Deny mitigated negative declaration (IS 19-24) for Use Permit (UP 19-08) with the following findings: 1. Actual and potential environmental impacts related to biological resources, hydrology and water quality have occurred on the site between January 2020 and February 2021. 2. No CEQA (environmental) evaluation has occurred due to ongoing code violations on this site. B. Deny Use Permit UP 19-12 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for has been detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use. 2. The site is not 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 inadequate to safely accommodate the proposed use. 4. That there are not adequate fire protection services to serve the project. 5. That the project is not in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That violations of Chapters 5 and 21 of the Lake County Code have been documented on the site between January 2020 and February 2021. 7. The proposed use does not comply with all development standards described in Section 1.i 8. The applicant may not be qualified to make the application described in Section 1.ii.(g). The County requested a current letter from the property owner authorizing the applicant to continue to represent the property and has not yet received this authorization. 9. The application does not comply with the qualifications for a permit described in Section 1.ii.(i). There are documented violations on the site, and it is unclear whether these violations have been resolved. Ownership consent for the applicant / appellant to use the property is not established and is in doubt. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 19-24) applied for by Pura Vida on property located at 18086 Dam Road, Clearlake, and further described as APN: 010-013-29 has not mitigated actual or potential environmental impacts for the reasons listed in the staff report dated June 10, 2021. Use Permit (UP 19-12) I move that the Planning Commission find that the Use Permit (UP 19-12) applied for by Pura Vida on property located at 18086 Dam Road, Clearlake, and further described as APN: 010-013-29 does not meet the requirements of Section 50.4 and 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be denied subject to the findings listed in the staff report dated June 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'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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Prepared by: Eric Porter, Associate Planner DATE: June 10, 2021 RE: Appeal AA-21-02 of two File Closures from the same applicant for Two Commercial Cannabis Cultivation Use Permits. Applicant: Jonathan Boies / Diamond B Ranch Files No.: Use Permits (UP 18-36 and MUP 18-37) and Initial Studies for each application Location: 13046 and 13048 S. Highway 29, Lower Lake APNs: 012-056-48 and 49 Supervisor District 1 ATTACHMENTS: 1. Vicinity Maps 2. Incomplete letter from County dated 2-22-2020 3. Letter of File Closure from Lake County to David Boies and Mitch Hawkins dated May 7, 2021. 4. Appeal Application and Support Materials submitted by the Appellant 5. Notarized Letter from David Boies authorizing Mitch Hawkins to Act in His Behalf as Applicant, dated January 20, 2021. I. SUMMARY The applicant had submitted two applications on July 24, 2018. Both applications were determined to be incomplete, and sat idle since the day of submittal. The County sent a letter to the property owner and an apparent new contact for the project, Mitch Hawkins, on May 7, 2021 indicating that the files were closed due to inactivity, and that the file closure could be appealed. This appeal followed. The Planning Commission is being asked to determine whether these two applications should be closed and new applications submitted, or whether these two applications can be revived (restarted) with a new applicant. II. BACKGROUND On July 24, 2018, the applicant applied for two use permits on adjacent lots. Permits UP 18-36 and MUP 18-37 were taken in as a major and a minor use permit, even though what they were requesting on each lot was identical; one (1) M-Type 3 (medium outdoor) cultivation area and one (1) M-Type 1C 'specialty cottage' use permit for each of the two properties. The applicant also applied for a California Environmental Quality Act review (CEQA) for each lot. On September 6, 2018, the County staff sent an 'incomplete application' letter to the Applicant referencing missing items in both submitted applications. The missing items were a list of employees and a Water Availability Analysis. Staff received no reply. On February 25, 2020, staff sent a 2nd 'incomplete letter' to the applicant reiterating the same missing information that was required with the first letter. Staff again received no reply. On January 20, 2021, staff received a notarized letter from David Boies, father of the original applicant, indicating that his son, applicant Jonathan Boies, had passed away on February 19, 2019, and requesting County permission to continue processing the two cannabis permits referenced in this action. The letter indicated that Mitch Hawkins was authorized to act in behalf of Mr. Boies. On February 19, 2021, staff received an email from Vanessa Bergmark, realtor, indicating that Mitch Hawkins was the local contact for the two cannabis files. On March 31, 2021, staff received an email from Mitch Hawkins that contained the Incomplete application letter dated February 25, 2020. On May 7, 2021, the County sent a 'file closure' letter to the applicant David Boies and Mitch Hawkins, indicating that they could appeal the decision to close the file if an appeal was filed within seven (7) days of the May 7, 2021 letter. Attachment 4. On May 10, 2021, this appeal was filed with the County within the seven day appeal period. Attachment 5. Staff is recommending denial of appeal no. AA 21-01 and closure of file no. UP 19-12 and IS 19-24. RECOMMENDATION Staff recommends the Planning Commission:: A. Deny mitigated negative declaration (IS 19-24) for Use Permit (UP 19-08) with the following findings: 1. Actual and potential environmental impacts related to biological resources, hydrology and water quality have occurred on the site between January 2020 and February 2021. 2. No CEQA (environmental) evaluation has occurred due to ongoing code violations on this site. B. Deny Use Permit UP 19-12 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for has been detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use. 2. The site is not 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 inadequate to safely accommodate the proposed use. 4. That there are not adequate fire protection services to serve the project. 5. That the project is not in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That violations of Chapters 5 and 21 of the Lake County Code have been documented on the site between January 2020 and February 2021. 7. The proposed use does not comply with all development standards described in Section 1.i 8. The applicant may not be qualified to make the application described in Section 1.ii.(g). The County requested a current letter from the property owner authorizing the applicant to continue to represent the property and has not yet received this authorization. 9. The application does not comply with the qualifications for a permit described in Section 1.ii.(i). There are documented violations on the site, and it is unclear whether these violations have been resolved. Ownership consent for the applicant / appellant to use the property is not established and is in doubt. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 19-24) applied for by Pura Vida on property located at 18086 Dam Road, Clearlake, and further described as APN: 010-013-29 has not mitigated actual or potential environmental impacts for the reasons listed in the staff report dated June 10, 2021. Use Permit (UP 19-12) I move that the Planning Commission find that the Use Permit (UP 19-12) applied for by Pura Vida on property located at 18086 Dam Road, Clearlake, and further described as APN: 010-013-29 does not meet the requirements of Section 50.4 and 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be denied subject to the findings listed in the staff report dated June 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'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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: June 10, 2021 RE: Scotts Valley Organics; Major Use Permit (UP 20-05), and Initial Study (IS 20-05), Early Activation (EA 20-05) Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments; Violation letter from Calif. Dept of Fish and Wildlife 4. Proposed Findings for Denial 5. Site Plans I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for the cultivation of commercial cannabis. The applicant has proposed the following: * (2) A - Type 3 "Outdoor" cultivation areas. Center Grow seeks to obtain a Major Use Permit for Commercial Cannabis Cultivation for proposed total cannabis cultivation area is 90,000 square feet. Projected canopy area will be about 80,000 sq. ft. * A-Type 13 'Self Distribution' license * The proposed cultivation area will be surrounded by a 6-foot tall wire fence, with privacy mesh to screen the cultivation areas from any view * One on-site well (existing) * One 2,400 sq. ft. drying building * Pesticides, Fertilizers, and hazardous materials including gasoline, diesel, and oil will be stored in the proposed Agricultural storage shed. Pesticides and fertilizers will be held within their manufacturer's original containers, which are within secondary containment structures. The flammable/petroleum products will be in state of California approved containers and within secondary containment that is separate from the pesticides and fertilizers. The storage sheds will be located within the fenced in cultivation area. * Excess vegetated waste will be composted on site in a designated composting area in compliance with Title 14. It is estimated approximately 400 pounds of organics vegetative waste will be produced annually. The growing medium (soil) will be reused from the composted areas. * Hours of operation are Monday through Saturday, 7:00 AM to 8:00 PM, for authorized staff, deliveries and pickups. The facility will be closed to public visitors. On January 15, 2021, the Planning Department received a letter from the California Department of Fish and Wildlife recommending denial of this application due to significant violations related to illegal grading, re-routing the water channel on site, and other environmentally damaging activities. The letter from Fish and Wildlife is provided within Attachment 3, Agency Comments. As of May 11, 2021, no further corrective action has been taken to resolve the site violations by the Applicant. Staff is recommending Denial of UP 20-05. Citation: Lake County Zoning Ordinance, Article 60.31. RECOMMENDATION Staff recommends the Planning Commission: A. Find that CEQA section 15270 exempts applications that are denied from undertaking a CEQA review and deny Initial Study (IS 20-05) for Use Permit (UP 20-05) with prejudice and with the following findings: 1. Environmental impacts related to air quality have occurred as the direct result of grading without permits that took place on the property during the course of Early Activation at a point in time between June 21, 2020 and December 18, 2020. 2. Potential environmental impacts related to Cultural resources may have occurred as the direct result of grading without permits that took place on the property during the course of Early Activation at a point in time between June 21, 2020 and December 18, 2020. 3. Environmental impacts related to hydrology and water quality have occurred as the direct result of the grading without permits that took place on the property during the course of Early Activation at a point in time between June 21, 2020 and December 18, 2020. 4. No further CEQA evaluation was undertaken due to the violations stated within this document based on the subsequent denial recommendation for this project per CEQA section 15270. B. Deny Use Permit (UP 20-05) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for has been proven to be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, and has been detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the project is not in conformance with the applicable provisions and policies of this Code or with the applicable provisions of the California State Fish and Game Codes, sections 1602, 5650, and 5652 as stated in Attachment 3B. 3. That violations of Chapters 5 and 21 of the Lake County Code have occurred on the property located at 2105 Rivas Road, Lakeport, also known as APN: 005-020-41. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 20-05) applied for by Scotts Valley Organics on property located at 2105 Rivas Road, Lakeport, and further described as APN: 005-020-41 will have had a significant negative environmental impact on the environment and therefore a mitigated negative declaration shall be denied with the denial findings listed in the staff report dated June 10, 2021. Major Use Permit (UP 20-05) I move that the Planning Commission find that the Use Permit (UP 20-05) applied for by Scotts Valley Organics on property located at 2105 Rivas Road, Lakeport, and further described as APN: 005-020-41 does not meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Major Use Permit be denied subject to the denial findings listed in the staff report dated June 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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Prepared by: Michael Taylor, Assistant Planner DATE: June 10, 2021 RE: Pat Smythe (Mighty Tasty Farms) * Major Use Permit (UP 19-32) * Initial Study (IS 19-50) * Early Activation (EA 19-62) Supervisor District Moke Simon Planning Commissioner John Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Initial Study 6. Agency Comments I. EXECUTIVE SUMMARY Pat Smythe (Mighty Tasty Farms) is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) at 19697 and 19713 East Road, Lower Lake, CA on Lake County APN 012-049-17 and 012-049-18. The applicant's proposal includes one (1) A-Type 3 "outdoor" License, one (1) A-Type 3B "Mixed-Light" License, and one (1) Type 13 Self-Transport Distribution License to allow a total of 41,796 square feet of commercial cannabis canopy area, within a 44,121 square feet cultivation area and include the following: * 32,076 square feet outdoor cultivation area * (3) 30' x 108' greenhouses, total of 9,720 square feet of indoor cultivation * One (1) 525 square foot storage structure including private security room and restrooms * One (1) 1,225 square foot concrete pad to hold nine (9) 1,500-gallon water storage tanks and three (3) 3,500-gallon water storage tanks * Existing 30' x 60' building as a proposed processing facility Mighty Tasty Farms is proposed as a fully organic cultivation using mostly dry fertilizers and liquid fertilizers as needed. The dry fertilizers include Max Sea, Beastie Bloom and Cha Ching and the liquid fertilizers include Rapid start and Cal Mag Plus. Mighty Tasty Farms will be using fertilizers and pesticides that are in compliance [NJ1]with the California Department of Food and Agriculture (CDFA) for use on cannabis plants, and will be stored in secondary containment structures in the manufacturer's original containers secured in a storage building. The proposed cultivation will be irrigated via an existing water well (Well Permit Number WE-5329 AG) located approximately 130 feet west of the cultivation area. On May 25 and 26, 2021 a well analysis was conducted and results prepared. According to the analysis the well produces 18 gallons per minute with a static water level of 100 feet. The well recovered at 100 feet in 24 hours after a water level drop of 70 feet. The Property Management Plan indicates that total water usage for the cultivation growing season to be 485,007.60 gallons. Based on the well production report the well is capable of producing approximately 9,450,000 gallons of water a year. Given that the total water usage per grow season is 485,000.60 gallons only 5 percent of the total gallons of water produced per year is utilized. The well water will be pumped through underground pipes and stored in nine (9) 1,500-gallon water storage tanks and three (3) 3,500-gallon water storage tanks and a drip irrigation system used to conserve water. Mighty Tasty Farms will utilize all-natural sunlight to cultivate 32,076 square feet of outdoor cannabis and 9,720 square feet of indoor cultivation with mixed light from both the sunlight and artificial lighting below 25 watts per square foot. All electricity for the project will be supplied from PG&E and used mainly for the processing facility as well as the security system. The applicant is proposing a backup generator to be used in emergency situations when electricity cannot be supplied by PG&E. 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. The project property is accessed from an existing gravel access easement (East Road) via Spruce Grove Road. The site access driveway currently has an electric gate with an emergency lock box. The gate will be locked outside of core operating business hours and whenever personnel are not present. Only approved managerial staff and emergency service providers will be able to unlock the gates. The cultivation area will be conducted within an enclosed area secured by a chain-link fence approximately six (6) feet in height. The fence will be screened with a privacy mesh, which will help reduce visibility within the surrounding area. The proposed business hours of operation will be between 8:00 am and 6:00 pm with deliveries and pickups restricted to 9:00 am to 7:00 pm Monday through Saturday and Sunday from 12:00 pm to 5:00 pm. The Project Property is accessed directly off East Road which can be accessed from Spruce Grove Road in Lower Lake. Figure 1.Proposed Site Plan and Cultivation Area Staff is recommending approval of Major Use Permit, UP 19-32, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-50) with the incorporated Mitigation Measures and Conditions of Approval. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-50) for Major Use Permit (UP 19-32) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-4. 4. Potential environmental impacts related to cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-5. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-3. 6. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-5. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRANS-1. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Zoning Ordinance. 11. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 12. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-32 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, 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). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 19-32) applied for by Pat Smythe on property located at 19697 and 19713 East Road, Lower Lake, CA, further described as APNs: 012-049-17 and 012-049-18 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 May 27, 2021. Major Use Permit (UP 19-32) I move that the Planning Commission find that the Major Use Permit (UP 19-32) applied for by Pat Smythe on property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APNs: 012-049-17 and 012-049-18 does meet the requirements of Section 51.4 and Article 27, Section 1(at) [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 May 27, 2021. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination. [NJ1]"only"? Is there an agency/law for which they are not in compliance?