Planning Commission — Thursday, June 24, 2021

Memorandum TO: Planning Commission FROM: Community Development Department Prepared by: Victor Fernandez, Associate Planner DATE: June 14, 2021 RE: Oak & Stone, LLC * Major Use Permit (UP 19-35) * Initial Study (IS 19-55) * Early Activation (EA 20-66) Supervisor District 1 - Supervisor Simon Planning Commission District - Commissioner Hess 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 19303 Butts Canyon Road, Middletown, California, further described as Assessor Parcel Number (APN): 014-004-10. The parcel is approximately +25 acres and is zoned "RL-SC" for Rural Lands - Scenic Combining District. The parcel is located approximately 3.66 miles southeast of the intersection of Highway 29 and Butts Canyon Road in Middletown. The project parcel is accessed via a private driveway off of Butts Canyon Road, and the project proposes to widen the private driveway to 20 feet by adding gravel to the already flat surface (no grading required). The applicant's proposal will include the following: * 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 at any point in time from 10,001 square feet to one acre, inclusive, of total canopy size on one premises. * The total proposed cultivation canopy is approximately 43,560 square feet located within 84,500 square feet of cultivation area. * Four (4) water tanks (Three 3,000-gallon and one 8,000-gallon). * Three (3) 30'X120' greenhouses for immature plants only. * Two (2) 40'X8' shipping containers * One (1) 95'X50' Multiuse Building which includes product storage area, fertilizer and pesticide storage, drying, and curing. * 65"X18" parking area for employees. The applicant proposes the cultivation method to be in ground with a drip irrigation system. The cannabis plants will be planted in the cultivation area and the juvenile plants will mature and flower over a 7-8 week period to which then they will be harvested. Security The cultivation area will be accessed via the existing 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 site, all areas within buildings and greenhouses, areas where vegetative matter is composted, storage rooms, and all entrances and exits. The cameras will operate 24/7 at a minimum of 30 frames per second. Water Source and Usage The project property is currently equipped with an existing groundwater well that will be used for the commercial cannabis cultivation operation. According to a Well Performance Test Report dated January 6, 2020, the existing well has an estimated yield of 20 gallons per minute. According to the Property Management Plan, the project is estimated to utilize approximately 700-1,000 gallons per day during the regular outdoor growing season which is from April to October only. It is approximately 213 days from the month of April to October. Considering the project requires at maximum 1,000 gallons per day, the amount of water used on an annual basis would be approximately 213,000 gallons per year for the cultivation operation. As mentioned before, the existing well yields approximately 20 gallons per minute which translates to approximately 12,632,772 gallons per year that the well produces. The project would be utilizing approximately 1.6% of full water capacity. Additionally, a mitigation measure has been added that requires the production well to have a meter to continuously monitor the well. The applicant shall also maintain a record of all data collected and shall provide a report of the data to the County annually. (See Attachment 4 for additional details) Fertilizer and Chemical Usage All fertilizer and pest management products will be stored in the multi-use building. 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 multi-use building will be weather proof which will ensure all chemicals are stored properly and minimize spillage. Operation The cultivation site will operate during normal business hours (7:00 am to 7:00 pm) Monday through Saturday. Security Staff and 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 10 employees depending on the growing season. Farmland of Local Importance The cultivation site is located near Long Valley and is partially within Farmland of Local Importance. The cultivation of commercial cannabis will be outdoor. In accordance with Ordinance NO. 3103 which is an ordinance amending Chapter 21, Article 27 & 68 of the Lake County Code pertaining to Commercial Cannabis Cultivation in proximity to Lake County Important Farmland, outdoor cultivation shall not be allowed within any Farmland Protection Zone, nor within 1,000 feet of said zone. The proposed project is located within Farmland of Local importance, however, it is not located within a designated Farmland Protection Zone. The project is isolated and not part of a bigger farmland system (See image below). Additionally, the project was routed to the Lake County Department of Agriculture and comments were not received for this project. Public Concern Multiple concerns have been uplifted to the Community Development Department that include the following: 1. Cultivation activities occurring on the property (while not under Early Activation). 2. Green houses, storage containers, and water storage tanks being placed on the property. 3. Extensive lighting as a result of cultivation operation during Early Activation. 4. Road improvements being conducted on the property. 5. A drainage from the existing pond being removed. Response Staff conducted site visits on following dates and identified that no commercial cannabis cultivation, structures, and drainage alterations occurred on the property: a. May 20th, 2020 b. April 15th, 2021 c. May 18th, 2021 Additionally, there were storage tanks present on the property, however, the tanks are an allowable use for both commercial cannabis and personal domestic use. The proposed cultivation area was equipped with security lighting. Security lighting is a condition of approval for Early Activation and Use Permit approval. The lights must be directed downward and comply with dark sky requirements. From the site visits that were conducted, the lighting was compliant with the condition of approval that was provided. The road improvements that were conducted included upgrading the access road to a gravel surface which does not require a permit. Under Public Resources Code 4290, the access road shall be an all-weather surface for emergency access. Upon staff's site visits, there was no evidence of a drainage existing from the pond located on the property. Additionally, the cultivation site is located at a minimum 100 feet from the pond. Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 19-35 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-55) 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 19-55) for Major Use Permit (UP 19-35) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 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 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, CUL-3, CUL-4, CUL-5, CUL-6, CUL-7, and CUL-8. 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. 6. Potential hazards hazardous materials can be mitigated to less than significant levels with the inclusion 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 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, NOI-2, and NOI-3. 9. Potential transportation impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRANS-1 and TRANS-2. 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 Zoning Ordinance. 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 Major Use Permit UP 19-35 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 19-35) applied for by Oak & Stone LLC on property located at 19303 Butts Canyon Road, Middletown, further described as APN: 014-004-10 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 14, 2021. Major Use Permit (UP 19-35) I move that the Planning Commission find that the Major Use Permit (UP 19-35) applied for by Oak & Stone LLC on property located at 19303 Butts Canyon Road, Middletown, further described as APN: 014-004-10 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 14, 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 TO: Planning Commission FROM: Prepared by: Eric Porter, Associate Planner DATE: June 24, 2021 RE: LDM Enterprises II LLC; Major Use Permit (UP 19-20) and Initial Study (IS 19-35). APN: 007-021-23 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plans 6. Initial Study IS 19-35 7. Public Comments I. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 19-35) for Use Permit (UP 19-20) with the following findings: 1. Potential environmental impacts related 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, AQ-6, AQ-7 and AQ-8. 3. Potential environmental impacts related to Cultural / Geologic / Tribal Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures CUL-1 and CUL-2. 4. 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. 5. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 6. 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 Use Permit UP 19-20 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities can be mitigated to be reasonably adequate to safely accommodate the proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety or general welfare basis. 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 Initial Study (IS 19-35) applied for by LDM Enterprises LLC on property located at 7295 Adobe Creek Road, Kelseyville, and further described as APN: 007-021-23 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 24, 2021. Major Use Permit (UP 19-20) I move that the Planning Commission find that the Use Permit (UP 19-20) applied for by LDM Enterprises LLC on property located at 7295 Adobe Creek Road, Kelseyville, and further described as APN: 007-021-23 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 June 24, 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 - ADDENDUM TO: Planning Commission FROM: Prepared by: Eric Porter, Associate Planner DATE: June 24, 2021 (original hearing 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 2-25-2020 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 and without having to pay the fee for a new application. II. BACKGROUND On July 24, 2018, the applicant applied for two use permits on two adjacent lots. Permits UP 18-36 and MUP 18-37 were taken in as a major and a minor use permit,; 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. The property can accommodate many more licenses than what was submitted. This appeal is limited to what was submitted to the County. Staff is recommending denial of appeal no. AA 21-01 without prejudice to allow the new applicant to re-apply for both applications. RECOMMENDATION Staff recommends the Planning Commission:: A. Deny categorical exemption (CE 18-66) for Use Permit (UP 18-36 and MUP 18-39) without prejudice and with the following findings: 1. Actual and potential environmental impacts related to this project have not been confirmed or denied. These must be verified prior to consideration for approval. 2. No CEQA (environmental) evaluation has occurred due to inactivity of the two applications. B. Deny the Appeal AA 21-02 affecting Use Permits UPs UP 18-36 and MUP 18-39 with the following finding: 1. That the applications UP 18-36 and MUP 18-39 have remained inactive for a period of over two (2) years. 2. Denying this appeal without prejudice will allow the new applicant to apply for new use permits without any waiting period. Sample Motions: Categorical Exemption I move that the Planning Commission find that the Categorical Exemption (CE 18-66) applied for by Diamond One and Diamond Two LLC on property located at 13046 and 13048 S. Highway 29, Lower Lake, and further described as APN: 012-056-48 and 49 has not mitigated actual or potential environmental impacts for the reasons listed in the staff report dated June 24, 2021. Appeal AA 21-02 I move that the Planning Commission find that the administrative appeal AA 21-02 filed by Mitch Hawkins in behalf of the property listed below, and in order to restart Use Permits (UP 18-36 and MUP 18-39) applied for by Diamond One and Diamond Two LLC on property located at 13046 and 13048 S. Highway 29, Lower Lake, and further described as APN: 012-056-48 and 49 be denied without prejudice subject to the findings listed in the staff report dated June 24, 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 TO: Planning Commission FROM: Prepared by: Eric Porter, Associate Planner DATE: June 24, 2021 RE: Blue Lakes Organics LLC; Major Use Permit (UP 20-45) and Initial Study (IS 20-56) Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Site Plans 3. Property Management Plan 4. Agency Comments 5. Proposed Conditions of Approval 6. Initial Study IS 20-56 7. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for one (1) A-Type 3 "medium outdoor" license consisting of 20,000 square feet (sq. ft.) of cultivation area for the first two phases, then expanding each of the two 10,000 sq. ft. cultivation areas to 20,000 sq. ft. each. The applicant has also applied for an A-Type 13 Self Distribution license. The properties are adjacent to one another and are located at 10680 and 10717 Schuette Road, Upper Lake, and are APNs: 003-001-21 and 003-002-11. In addition to the A-Type 3 and Type 13 licenses, the applicant is proposing: * 64 SF. surveillance storage * (2) drying sheds (192 SF. each /384 SF. in total) * (1) ADA restroom (64 SF.) * (1) fertilizer storage shed (96 SF.) * Existing (1) fertilizer storage shed * The property is accessed from Schuette Road. Water Analysis The larger of the two properties, tax lot 003-002-11, had a well drilled on the property in year 2011. On April 16, 2020, the applicant had a well test performed on this well by JAK Drilling. The well produced 15.5 gallons consistently over a four hour time-frame, and had a rapid recharge rate. The depth to the water in 2011 was 21 feet; the year 2020 test showed the depth to the aquifer as being 27 feet. Staff is recommending Approval with Conditions of UP 20-45. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 20-56) for Major Use Permit (UP 20-45) with the following findings: 1. 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, AQ-6 and AQ-7. 2. 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. 3. 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. 4. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 5. 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 20-45 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 20-56) applied for by Blue Lake Organics LLC on property located at 10717 and 10680 Schuette Drive, Upper Lake, and further described as APNs: 003-001-21 and 003-002-11 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 24, 2021. Major Use Permit (UP 20-45) I move that the Planning Commission find that the Major Use Permit (UP 20-45) applied for by Blue Lake Organics LLC on property located at 10717 and 10680 Schuette Drive, Upper Lake, and further described as APNs: 003-001-21 and 003-002-11 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 June 24, 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 To: Planning Commission From: Community Development Department Prepared by: Eric Porter Date: June 24, 2021 Subject: Use Permit UP 21-24, Hilltop Recovery Services LLC. CEQA is file no. CE 21-05. APN: 010-046-06 Exhibits: A - Vicinity Map B - Revised Conditions of Approval C - Agency Comments D - Site Plan I. SUMMARY On November 13, 2015, the County of Lake received a Major Use Permit application for a new men's recovery home located at 14715 E. Highway 20, Clearlake Oaks. On December 7, 2020, the County of Lake received a 2nd Major Use Permit application for a facility expansion to occupy a nearby 3,521 sq. ft. dwelling on an adjacent lot located at 14725 Catholic Church Drive for the same rehabilitation use, only this was for women. The application received included an application for an Initial Study as well as for a Major Use Permit. On March 8, 2021, the Community Development Department sent out 'requests for review' and an AB 52 notice to all key departments, agencies and local Tribes for their comments. No adverse comments were received by the County. CalTrans requested (1) upgrading the SR 20 / Whisner Lane driveway approach to commercial standards; (2) that the applicant obtain an encroachment permit and meet all encroachment requirements; (3) that the applicant meet signage requirements for signs located within Caltrans right of way and Outdoor Advertising Act standards. CalTrans also indicated that the existing Hilltop business sign along the highway frontage (and any other private advertising signage) needs to be located outside of Caltrans right of way. Discussion. The applicant has requested and has received an 'Early Activation of Use' to allow the existing dwelling to be used as an emergency shelter for women while this use permit request is processed. Emergency Activation was granted by the Community Development Department on March 12, 2021 and remains valid for a period of six (6) months, or until this use permit request is decided. Neighbors within 725 feet of the 19+ acre parcel were notified of this action by Public Hearing notice sent June 2, 2021. Approve the Use Permit application request (UP 21-24) to allow the use of the dwelling on APN 010-046-06 for use as a Community Care Facility and adopt CEQA categorical exemption CE 21-05. Sample Motions: Categorical Exemption (CE 21-05) I move that the Planning Commission find that that Categorical Exemption (CE 21-05) applied for by Hilltop Recovery Enterprises LLC on a property located at 14725 Catholic Church Drive, Clearlake Oaks, further described as APN: 010-046-06 will not have a significant effect on the environment, and this project qualifies for a Categorical Exemption pursuant to CEQA section 15301(e)(1) with the findings listed in the staff report dated June 24, 2021. Use Permit (UP 21-24) I move that the Planning Commission find that the Use Permit (UP 21-24) applied for by Hilltop Recovery Enterprises LLC on a property located at 14725 Catholic Church Drive, Clearlake Oaks, further described as APN: 010-046-06 does meet the requirements of Articles 7, 51.4 and 60 of the Lake County Zoning Ordinance and the Use Permit be granted subject to the conditions and with the findings listed in the staff report dated June 24, 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.