Planning Commission — Thursday, May 27, 2021

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Katherine Schaefers, Assistant Planner DATE: April 1, 2021 RE: High Grade Solutions; Major Use Permit (UP 20-85) and Categorical Exemption (CE 21-12). APN: 049-300-15 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plans Supervisor District 1 - Moke Simon Planning Commission - John Hess I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit to allow the following licenses: ? One (1) Type 6: "Non-Volatile Cannabis Manufacturing License": The manufacture cannabis products for medicinal cannabis use using nonvolatile solvents, or no solvents, as defined by the Business and Professions Code, Section 40100. ? One (1) Type 11: "Cannabis Distributor License": The procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to California Code. The proposed use will occur within an existing building at 11270 Clayton Creek Road, Lower Lake, CA 95457. The existing building is approximately 11,000 square feet and 2.5 stories tall. The following uses are proposed as follows: ? 2,865 square feet of processing space, which will include trimming and storing. ? 2,085 square feet for distribution activities, including a loading/unloading area and storage. ? 1,697 square feet dedicated to offices. The project property is accessed by Clayton Creek Road, a county maintained road, off Spruce Grove Road adjacent to where it meets CA Highway 29. 15 paved parking spaces currently occupy the front of the building, while another 30 are proposed to be constructed in the back of the property. One ADA stall is proposed in the front of the building. Water will be supplied by an existing on-site well, all activities will use the existing infrastructure, including parking and restrooms. No products will be displayed for the public to see from the exterior. The building's existing windows have been boarded to limit visibility into the facility. The facility will not allow public walk-in customers. All activities except storage and loading will be fully contained within the existing building. Any signs erected by the applicant would solely state the business name "High Grade Solutions." The hours of operation are proposed as follows: ? Core Business Hours o Monday through Sunday between 8am-6pm ? Deliveries and Pickups o Monday through Sunday between 12pm-5pm The auxiliary structures, such as trash enclosures and storage areas will be compatible with and integrated into the overall design of the facility. The facility will have containers for recycling within the trash storage areas. No additional accessory structures or storage containers are being proposed for this project. Landscaping includes bushes along the front (West) of the building, defining the entrance to the facility and providing a break from the project property and the public roadway/neighboring properties. The sides of the building (South and North), and loading areas also contain vegetative landscaping screening. The rear of the property (East) does not currently have screened landscaping, but is enclosed by a 6ft tall fence topped with barbed wire. The existing facility has two separate loading platforms at the back door. One being a below-grade ramp mostly over 6 ft deep. The other platform is the surface parking lot pavement, which extends to the back door. The project site is completely enclosed by the 6 ft tall fence, topped with barbed wire. A knox box is located on the front, electrically-controlled gate. The security system has already been put into place and includes live feeds of all interior rooms and exterior areas. Commercial grade locks enclose all entrances. The applicant is proposing to hire security personnel, as well as utilizing login sheets. All authorized personnel, suppliers, and visitors are proposed to sign in and out. The applicant has already installed lockers and an employee break area. The proposed manufacturing and distribution will require approximately 4 full time employees, year round. Employees may vary depending on the season. The project contains 15 pre-existing parking spaces (one being ADA compliant). Deliveries will be based on the Lake County Zoning Ordinance Article 27 restricted times for deliveries and pickups. Those times will be Monday through Saturday from 9am to 7pm, and Sunday from 12pm to 5pm. Deliveries are estimated at 2 or 3 per day. Hazardous chemicals or materials are not proposed to be stored on site or used for manufacturing activities. All solid waste is proposed to be stored in bins with secure fitting lids until being disposed of at a Lake County Integrated Waste Management facility, at least once per week. Proposed Site Plan Staff is recommending conditional approval of Major Use Permit (19-47). II. RECOMMENDATION Staff recommends the Planning Commission: A. Find that this project has been found to be Categorically Exempt from CEQA as a Class 1 Exemption. 1. The project is consistent with CEQA Categorical Exemption, Class 1 (Existing Facilities), which consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing use. 2. This project remains consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 3. There has been no change in the project which would create a new significant environmental impact. 4. The project is consistent with land uses in the vicinity. 5. This project will not result in any significant adverse environmental impacts. B. Approve Use Permit UP 20-85 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. Sample Motions: Categorical Exemption I move that the Planning Commission find that the Categorical Exemption (CE 21-12) applied for by High Grade Solutions on property located at 11270 Clayton Creek Road, Lower Lake, CA and further described as APN: 049-300-15 will not have a significant effect on the environment and therefore a Categorical Exemption shall be approved with the findings listed in the staff report dated April 1, 2021. Major Use Permit (UP 20-85) I move that the Planning Commission find that the Major Use Permit (UP 20-85) applied for by High Grade Solutions on property located at 11270 Clayton Creek Road, Lower Lake, CA and further described as APN: 049-300-15 does meet the requirements of Section 51.4 and Article 27, Section (au), (av), and (ax) 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 April 1, 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 DATE: May 21, 2021 RE: Greg Hansen * General Plan Amendment (GPAP 20-02) * Rezone (RZ 20-02) * Initial Study (IS 20-91) Supervisor District Jessica Pyscka Planning Commissioner Lance Williams ATTACHMENTS: 1. Vicinity Map 2. Project Description 3. Proposed Rezone & General Plan Maps - "Exhibit A" 4. Draft Rezone Ordinance 5. Draft General Plan Amendment Resolution 6. Agency Comments 7. Initial Study 8. Site Visit Photos from Oct. 22, 2020 I. EXECUTIVE SUMMARY The applicant is requesting a Rezone from "A" Agricultural" to "M2" Heavy Industrial, and General Plan Amendment from "Agricultural" to "Industrial" of approximately +/- 7 acres of undeveloped land for accessor parcel numbers 008-038-17 and 008-038-44. The remaining portion of the project parcel will remain with the Land Use Designation of Agriculture. The project parcels are/will be accessed from existing unimproved roadways off of Big Valley Road, a County maintained roadway. The applicant shall obtain all necessary permits from the Lake County Department of Public Works for any work and/or improvements within the right-of-way. General Plan Amendment Request The applicant is requesting approval of a General Plan Amendment of APN 008-038-17 and 008-038-44 from "A" Agriculture to "I" Industrial for approximately +7 acres (an area that fronts Big Valley Road). All other areas of project parcels will remain designated as "Agriculture". Refer to Map below for details. Additionally, no current agriculture activities will be impacted and/or removed. GENERAL PLAN AMENDMENT REQUEST: Parcel Number Current General Plan Designation Proposed General Plan Designation 008-038-17 "A" Agriculture "I" Industrial. 008-038-44 "A" Agriculture "I" Industrial. Rezone Request The applicant is requesting approval of a Rezone of +7 acres of APN 008-038-17 and 008-038-44 from "A" Agricultural District to "M2" Heavy Industrial District (an area that fronts Big Valley Road). All other areas of project parcels will continue to have a land-use zoning designation of "A" Agricultural. Refer to Map below for details. Additionally, no current agriculture activities will be impacted and/or removed. REZONE REQUEST: Parcel Number Current Zoning Designation Proposed Zoning Designation 008-038-17 "A" Agricultural "M2" Heavy Industrial District 008-038-44 "A" Agricultural "M2" Heavy Industrial District ZONING MAP - EXHIBIT A Applicant/owner: Greg Hanson Location: 3555 and 3445 Big Valley Road, Kelseyville, CA 95451. APN: 008-038-17 (approximately 2.23 acres in size) 008-038-44 (approximately 38.54 acres in size) General Plan: Agriculture Zoning: "A" Agricultural Fire District: Kelseyville Fire Protection District. Flood Zone: "X" - Areas determined to be outside the 0.2% annual chance (500-year) flood plain. School District: Kelseyville Unified School District. RECOMMENDATIONS Staff recommends the Planning Commission: A. Staff recommends that the Planning Commission recommend to the Board of Supervisors to Adopt Negative Declaration Based on Initial Study, IS 20-91 with the following findings: 1) The Initial Study and Negative Declaration have been prepared in conformance with CEQA and all CEQA requirements have been adequately met for the project. 2) This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and the Lake County Zoning Ordinance. 3) This project will not conflict with land uses in the vicinity. 4) There has been no change in the project which would create new significant environmental impacts. 5) This project will not result in any significant adverse environmental impacts. B. Staff recommends that the Planning Commission recommend to the Board of Supervisors to approve General Plan Amendment, GPAP 20-02 with the following findings: 1) The proposed amendment is consistent with the General Plan, and the Kelseyville Area Plan. 2) 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. 3) There has been no change in the project which would create new significant environmental impacts. 4) This project will not result in any significant adverse environmental impacts. C. Staff recommends that the Planning Commission recommend to the Board of Supervisors to approve the Rezone, RZ 20-02 with the following findings: 1) That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, Lake County Zoning Ordinance, and any approved zoning or land use plan. 2) This project will not conflict with land uses in the vicinity. 3) There has been no change in the project which would create new significant environmental impacts. 4) This project will not result in any significant adverse environmental impacts. II. SAMPLE MOTIONS: Initial Study and Negative Declaration I move that the Planning Commission recommend that the Board of Supervisors find based on the Initial Study IS 20-91 that General Plan Amendment GPAP 20-02, and the Rezone RZ 20-02 will not have a significant effect on the environment and thereof, recommend the Planning Commission recommend the Board of Supervisors approve the proposed Negative Declaration with the findings listed in the Staff Report dated May 21, 2021. General Plan Amendment I move that the Planning Commission recommend that the Board of Supervisors make a motion of approval for General Plan Amendment GPAP 20-02 applied for by Greg Hansen for the following reasons: 1) The proposed General Plan Amendment is found to be consistent with the Lake County General Plan, the Kelseyville Area Plan, and the Lake County Zoning Ordinance; 2) The proposed amendment is compatible with the existing land uses in the vicinity, and 3) As outlined in the Initial Study IS 20-91, prepared for this application, the proposed amendment will not result in any significant adverse environmental impacts as outlined in the Staff report dated May 21, 2021. I Offer the Resolutions. Rezone: I move that the Planning Commission has reviewed and considered the environmental effects of Rezone RZ 20-02 and General Plan Amendment (GPAP 20-02) as outlined in the proposed Initial Study (IS 20-91) which has been prepared for this project and that the Planning Commission recommends that the Board of Supervisors approve the proposed rezoning applied for by Greg Hansen on property located at 3555 and 3445 Big Valley Road, Kelseyville, CA 95451; APNs 008-038-17 and 008-038-44 for reasons listed in the Staff Report dated May 21, 2021. I Offer the Resolutions. 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 (Amended) TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner DATE: May 21, 2021 RE: Gustafson Farms, LLC * Major Use Permit (UP 20-28) * Initial Study (IS 20-33) Supervisor District Tina Scott Planning Commissioner Christina Price ATTACHMENTS: 1. Vicinity Map Memorandum 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Initial Study 6. Agency Comments State Permits/License & Comments 7. Amended Project Description and Site Plan I. EXECUTIVE SUMMARY Gustafson 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 4550 & 4460 George Road, Lakeport, CA on Lake County APN 008-031-60 and 008-032-44 which is recorded as one legal lot. The project is being proposed with 2 other contiguous parcels which are also recorded as one legal lot (APNS: 008-032-43 and 008-031-48) under "Parcel Map-123" (11 PM 47) to allow collocation/cluster of permits. The entire project site will only take place on one legal lot (008-031-60 and 008-032-44). However, the access to the project site will be through 4440 George Road into a private driveway to the cultivation site (008-031-48). The applicant's proposal includes two (2) A-Type 3 "medium outdoor", (1) A-Type 1C "outdoor specialty cottage", two (2) A-Type 3A "Indoor", one (1) A-Type 1C "mixed-light specialty cottage", (1) A-Type 3B "mixed-light" with greenhouses using light deprivation, and up to 22,000 square feet of immature plants solely used for cloning and propagation used for selling and distribution. The total of 111,620 68,500 square feet of mature cannabis plants and up to 22,000 square feet of immature plants for nursery. The total cultivation area will be 237,220 148,000 square feet. The ancillary facility will include the following structures: * One (1) Type 13: "Distributor Transport Only, Self-Distribution" License * 50,000 square feet processing facility * 24,000 square feet of greenhouse nursery * 50,000 square feet drying facility * three 200 square feet storage sheds: fertilizer and pesticide storage, equipment and tools, and security room * Parking lots with ADA parking * Portable restrooms with a future proposed permanent restroom * 24,000 square feet of greenhouse structure used for mixed light * five 2,500 gallons water storage tank The cultivation area will be conducted within an enclosed area secured by a fence approximately seven feet in height. The fence will be screened which will help reduce visibility from the surrounding area. According to the Project Management Plan (Attachment 2) and the well log, the existing well produces approximately 185 gallons per minute. The well near the northeast parcel boundary will be pumped underground to the water storage tanks proposed near the cultivation site in the southern portion of the property. Gustafson Farms will utilize underground water lines from the well to the storage tanks, which are a combination of PVC piping and black poly tubing. Water use is projected to be approximately 234,000 gallons per month for the proposed mature canopy area. Using the water calculation provided in the applicant's project management plan, the water use is projected to be approximately 135,000 gallons per month for the proposed mature canopy area. According to the applicant's comment, the outdoor cultivation will last approximately six months and approximately ten months for mixed-light throughout the year. The proposed cultivation method is in-ground with drip irrigation systems served by an existing permitted well. The project's core business hours of operation will take place between 8:00 a.m.-6:00 p.m. with deliveries and pickups restricted to 9:00 a.m.-7:00 p.m. Monday through Saturday and Sunday from 12:00 p.m.-5:00 p.m. On December 15, 2020, the amendment of Chapter 21, Article 27.13, Section (at), involving outdoor cannabis cultivation and important farmland was amended and taken effect on January 14, 2021. The farmland protection zone is implemented to ensure the protection of all agricultural industries within the County of Lake, the following rules will apply when cannabis cultivation interfaces with Farmland Protection Zones. The grandfather clause is proposed for those applicants who are deemed complete after January 14, 2021. The applicant meets the grandfather clause, however, the applicant disclosed that he is willing to comply with all new local rules and regulations of the zoning ordinance within the three years through the sunset clause. Several conditions will be added to ensure compliance with the new ordinance and are reflected in Attachment four, bullet one, for written approval from the Community Development Director for a minor modification that does not result in increased environmental impact. Figure 1.Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-28, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-33) 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 20-33) for Major Use Permit (UP 20-28) 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-3. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-5. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-6. 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-3. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-6. 6. Potential hazards and hazardous materials impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through 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 through HYD-5. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Lakeport 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 20-28 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, Lakeport 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 apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 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 amended Major Use Permit (UP 20-28) applied for by Gustafson Farms, LLC (Joseph Gustafson) on property located at 4550 & 4460 [4440 & 4520] George Road, Lakeport, CA, further described as APNs: 008-031-60 and 008-032-44 [008-032-43 and 008-031-48] 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 21, 2021. Major Use Permit (UP 20-28) I move that the Planning Commission find that the amended Major Use Permit (UP 20-28) applied for by Gustafson Farms, LLC (Joseph Gustafson) on property located at 4550 & 4460 [4440 & 4520] George Road, Lakeport, CA, further described as APNs: 008-031-60 and 008-032-44 [008-032-43 and 008-031-48] 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 21, 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: May 27, 2021 RE: Kindness Farms / Tiffany Devitt; Major Use Permit (UP 19-13) and Initial Study (IS 19-25) 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 19-25 7. Public Comments I. EXECUTIVE SUMMARY Project Overview The applicant is requesting a major use permit for ten (10) A-Type 3 (medium outdoor) cultivation area consisting of up to 650,000 square feet (sq. ft.) of cultivation area, however given the location of the site within the mapped Farmland Protection Area, this license will change to ten (10) A-Type 3B licenses within two years of use permit approval, and the allowable canopy area will be reduced to 22,000 sq. ft. per license following the license change; and an A-Type 13 Self Distribution license. The property is located at 2800 Manning Road, Lakeport, and is APN: 008-009-03. Project History This application was originally submitted by a different cultivator on May 1, 2020; however the original cultivator did not pass live scan, and the present applicant took over the application in Fall 2020. In December 2020, the applicant applied for a variance to allow outdoor cultivation to occur on an area that is mapped as 'high value farmland'. On May 25, 2021, the Board of Supervisors allowed for limited duration outdoor cultivation that was required to transition to greenhouse cultivation within several years of use permit approval if the application was determined to be complete on or before December 15, 2020. This application, minus the variance burden of proof, was complete before December 15, 2020. The variance is no longer required based on Ord. no. 3103, the 'transition ordinance for outdoor cannabis in high value farmland (Farmland Protection Zoned-mapped land). Staff is recommending Approval with Conditions of UP 19-13. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 19-27) for Use Permit (UP 19-15) 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 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 related to Biological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures BIO-1, BIO-2 and BIO-3. 4. Potential environmental impacts related to Cultural / Geologic (prehistoric) / 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 Hydrology and Water Quality can be mitigated to 'less than significant' levels with the inclusion of mitigation measure HYD-1. 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 Use Permit UP 19-15 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. That the proposed use complies with all development standards described in Section 1.i 8. That the applicant is qualified to make the application described in Section 1.ii.(g) 9. That 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 19-27) applied for by Tiffany Devitt on property located at 2800 Manning Road, Lakeport, and further described as APN: 008-009-03 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 19-15) I move that the Planning Commission find that the Use Permit (UP 19-13) applied for by Tiffany Devitt on property located at 2800 Manning Road, Lakeport, and further described as APN: 008-009-03 does meet the requirements of Section 51.4 and Section 27(at) 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's decision, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: May 27, 2021 RE: Legendary Farms; Major Use Permit (UP 19-15) and Initial Study (IS 19-27) 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 19-27 7. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for (1) A-Type 3 (medium outdoor) cultivation area consisting of up to 65,000 square feet (sq. ft.) of cultivation area, and an A-Type 13 Self Distribution license, however given the location of the site within the mapped Farmland Protection Area, this license will change to one (1) A-Type 3B license within two years of use permit approval, and the allowable canopy area will be reduced to 22,000 sq. ft. following the license change. The applicant has also applied for one A-Type 13 Self Distribution license. The property is located at 2290 Soda Bay Road, Lakeport, and is APN: 008-010-29. Staff is recommending Approval with Conditions of UP 19-15. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 19-27) for Use Permit (UP 19-15) 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 and AQ-7. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures BIO-1, BIO-2, BIO-3 and BIO-4. 4. Potential environmental impacts related to Cultural / 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 hydrology and water quality can be mitigated to less than significant levels with the inclusion of mitigation measure HYD-1. 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 Use Permit UP 19-15 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 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 19-27) applied for by Legendary Farms on property located at 2290 Soda Bay Road, Lakeport, and further described as APN: 008-010-29 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, 2020. Major Use Permit (UP 19-15) I move that the Planning Commission find that the Use Permit (UP 19-15) applied for by Legendary Farms on property located at 2290 Soda Bay Road, Lakeport, and further described as APN: 008-010-29 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 May 27, 2020. 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: Eric Porter, Associate Planner DATE: May 27, 2021 RE: Stella Green Farms LLC; Major Use Permit (UP 20-01) and Initial Study (IS 20-01) 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 20-26 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 46,120 square feet (sq. ft.) of cultivation area, and an A-Type 13 Self Distribution license, however the property is located less than 1000 feet from an established non-cannabis agricultural use and is within a mapped Farmland Protection Area. The applicant has indicated that she will transition to an A-Type 3B 'medium mixed light' license inside of greenhouses within two years of the date of this approval. The property is located at 5805 Highland Springs Road, Lakeport, and is APN: 008-044-24. In addition to the A-Type 3/3B and Type 13 licenses, the applicant is proposing: * (1) 60' x 40' drying building * (3) 2500 gallon water tanks * (1) 36' x 90' drying building (existing) * (1) 200 sq. ft. shed * Drip irrigation system * Above-ground fabric pots The total proposed cultivation area is 46,120 sq. ft., and the proposed canopy area was estimated to be 43,560 sq. ft. in total area, however because the site is located less than 1000 feet from other established non-cannabis agricultural uses and is required to be inside of greenhouses within two (2) years of the date of approval. The applicant has stated that she will transition into greenhouses within two (2) years as required by Ordinance 3103. The total proposed cultivation area under consideration will be about 24,400 sq. ft., and the total canopy area will be 22,000 sq. ft following the two year transition period. Staff is recommending Approval with Conditions of UP 20-01. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 20-01) for Major Use Permit (UP 20-01) with the following findings: 1. Potential impacts to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1, AES-2 and AES-3. 2. Potential 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 / Geological / Tribal Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 4. Potential environmental impacts related to Hydrology and Water Quality Resources can be mitigated to less than significant levels with the inclusion of mitigation measure HYD-1. 5. 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. 6. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 7. 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 20-01 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) 10. The project can be made to comply with Ordinance No. 3103 by enabling the transition from outdoor to greenhouse cultivation on or before May 27, 2023. Condition no. A19. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 20-01) applied for by Stella Green Farms LLC on property located at 5805 Highland Springs Drive, Lakeport, and further described as APN: 008-044-24 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 20-01) I move that the Planning Commission find that the Major Use Permit (UP 20-01) applied for by Stella Green Farms LLC on property located at 5805 Highland Springs Drive, Lakeport, and further described as APN: 008-044-24 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 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'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.