Planning Commission — Thursday, May 13, 2021

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Victor Fernandez, Assistant Planner DATE: April 26, 2021 RE: Ghost Dance, LLC * Major Use Permit (UP 20-36) * Initial Study (IS 20-43) * Early Activation (EA 20-43) 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 Supervisor District 1 - Supervisor Simon Planning Commissioner - Commissioner Hess 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 20144 Jerusalem Grade Road, Middletown, California, further described as Assessor Parcel Number (APN): 136-031-63. The applicant proposes the cultivation method to be above ground in planter pots or bags with a drip irrigation system. 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. * Two (2) A - Type 1C "Specialty Cottage" licenses: Cultivation for adult use cannabis of 2,500 square feet or less of total canopy size for mixed-light cultivation using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, up to 25 mature plants for outdoor cultivation without the use of light deprivation and/or artificial lighting in the canopy area at any point in time, or 500 square feet or less of total canopy size for indoor cultivation within a permanent structure using artificial light at a rate above twenty-five watts per square foot, on one premises. o The total proposed cultivation canopy is approximately 48,464 square feet located within 49,329 square feet of cultivation area. * One (1) 225 square foot trash area. * One (1) 100 square foot portable restroom. * One (1) 400 square foot compost area. * One (1) 120 square foot security shed. * One (1) 120 square foot chemical and pesticide storage shed. * One (1) 250-gallon mixing tanks. * Three (3) 5,000-gallon water tanks. * One (1) 1,600 square foot parking lot for employees. The total acreage of the parcel is approximately, 30.75+ acres and is zoned "RL" for Rural Lands. The parcel is located approximately 2.3 miles northeast of the intersection of Highway 29 and Spruce Grove Road. Additionally, the cultivation site is approximately 1.3 miles from the nearest community growth boundary. The cultivation area has been established within a site previously used for horse pasture and other equestrian purposes. Tree vegetation removal within the property has been recently conducted by PG&E for transmission line maintenance and fire mitigation. The cultivation operations will be closed to the public and visitations will only be allowed when specific permission is granted. All staff, all supplies, all product transporters, and all visitors will be required to sign a log in/ log out sheet. According to the applicant, personnel will be granted access within the premises to only those areas necessary to compete job duties. Additionally, video surveillance will be equipped on site that will record 24/7 at a minimum of 30 frames per second. The cultivation site will be enclosed with a 6-8 foot high fence. The posts will be set in ground and be made of steel tubing or wood posts. The fenced cultivation compound will have a locking gate with a metal padlock. Energy Usage The proposed project consists of outdoor cultivation. The overall power usage of this facility is minimal. The cultivation site will require power for security systems, water pumps and minor outdoor lighting. According to the applicant's Property Management Plan, the property has electricity provided by a solar power array and supplemented by PG&E. Additionally, the applicant has provided the following Best Management Practices (BMPs) in regards to energy usage: * Use of solar power where electricity is needed, and use of high-efficiency storage batteries, such as lithium-ion. * Use of passive solar energy techniques such as proper site selection, overhanging eaves, tree canopy cover, walls with high thermal inertia, etc. * Use of LED lights or other high-efficiency lighting. * Use of ambient light whenever possible. * Use of highly insulative materials to reduce energy needed for structure heating and cooling. * Use of electric vehicles or bicycles instead of combustion-powered vehicles, whenever possible. * Use of hand tools instead of power tools. Water Source and Usage The cultivation operation will utilize water from an existing groundwater well. According to the application package, the existing well produces approximately 10 gallons per minute which translates to approximately 5,259,492 gallons per year of full capacity. The total proposed water usage on an annual basis is approximately 154,000 gallons. The proposed project would utilize approximately 2.9% percent of the well's full capacity. A condition of approval has been added that requires the applicant to install a meter to the production well(s) that continuously measures the water level. Additionally, the applicant shall maintain a record of all data collected and shall provide a report of the data collected annually. The applicant proposes a drip irrigation system as part of the commercial cannabis cultivation operation. The onsite well will fill the water storage tanks. Then the water tanks will supply water that will flow to the pump station then to separate zone valves which then the zone valves will supply water going to the drip irrigation system that feeds the canopy. Storm Water There is a proposed sediment trap (Straw Wattles) that will be located at the proposed cultivation site. The project will be seeded and equipped with straw wattles in every area that is disturbed. The seed protects and stabilizes the soil, the straw slows the water and the wattles filter out any unwanted contaminants. All diffused surface water will be slowed by the mulch from the hydroseed and the straw wattles protecting any receiving water bodies. Fertilizer and Chemical Usage The above-ground pots will be filled with topsoil. Approximately 600 cubic yards of topsoil are estimated to be used for one acre of canopy. The applicant proposes a scheduled use of dry and liquid fertilizers typically used to optimize plant macronutrients and micronutrients. Fertilizer inputs consist of a mixture granular products, liquid products, and products generated on site, such as compost tea. Additionally, for this cultivation operation, pests will be controlled by employing approved and organic-certified pesticides. Weeds will be controlled using a line trimmer or mulch; herbicides will not be used. Chemicals and fertilizers will be stored in the chemical storage building near the mixing tanks at the top of the cultivation site and will be within secondary containment. Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-36 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-43) 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 20-43) for Major Use Permit (UP 20-36) 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 biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1, BIO-2, BIO-3, and 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, CUL-2, CUL-3, CUL-4, CUL-5, CUL-6, CUL-7, and CUL-8. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, and 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. 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 20-36 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 20-36) applied for by Ghost Dance, LLC on property located at 20144 Jerusalem Grade Road, Middletown, further described as APN: 136-031-63 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 April 26, 2021. Major Use Permit (UP 20-36) I move that the Planning Commission find that the Major Use Permit (UP 20-36) applied for by Ghost Dance, LLC on property located at 20144 Jerusalem Grade Road, Middletown, further described as APN: 136-031-63 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 April 26, 2021. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, 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 Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner DATE: May 13, 2021 RE: Lake County Investment Group, LLC * Major Use Permit (UP 19-49) * Initial Study (IS 19-71) Supervisor District Bruno Sabatier Planning Commissioner Everardo Chavez Perez 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 Lake County Investment Group, 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) at 1000 & 1270 State Highway 53, Clearlake, CA on Lake County APN 010-055-26 & 010-055-27. The applicant's proposal includes five (5) A-Type 3 "Outdoor" Licenses for outdoor cultivation of adult-use cannabis without the use of light deprivation and/or artificial lighting in the canopy area of one acre in size per licenses. The five acre canopy area will be split between two parcels with a total of 20 acres cultivation area. The cultivation areas are as follows and can be found in Attachment 5-Initial Study. North Parcel Cultivation Area: 010-055-27 South Parcel Cultivation Area: 010-055-26 247,856.40 sf cultivation area 387,684 sf cultivation area 3,071 Smart Pots =49,136 sf canopy area 28 above-ground beds =164,800 sf canopy area 6-foot tall animal fencing 6-foot tall animal fencing 128 sf security trailer for the grow area with 90-days of storage using solar panels as an energy source. 8' x 10' secured storage container used for stored cannabis good when necessary. 400 sf (20' x 20') composting area 400 sf (20' x 20') composting area (12) 5,000-gallon polyethylene water tank; 56 sf each of surface area. (4) 4,500-gallon water tanks; 50 sf each of surface area. (3) 500-gallon polyethylene water tank; 16 sf each of surface area. 11,000-gallon concrete water tank; 350 sf. 8,000-gallon concrete tank; 250 sf two existing wells powered by a generator in a 5' x 5' well-house. Figure 1.Proposed Site Plan and Cultivation Area Staff recommends the approval of Major Use Permit, UP 19-49, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-71) 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 19-71) for Major Use Permit (UP 19-49) 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-4. 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-8. 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-4. 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 HYD-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. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRIB-1 through TRIB-2. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Shoreline Communities 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 19-49 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, Shoreline Communities Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23, or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii and attachments 1 through 6. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 19-49) applied for by Lake County Investment Group, LLC (Laythen Martines) on property located at 1000 & 1270 State Highway 53, Clearlake, CA, further described as APNs: 010-055-27 & 010-055-26 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 13, 2021. Major Use Permit (UP 20-03) I move that the Planning Commission find that the Major Use Permit (UP 19-49) applied for by Lake County Investment Group, LLC (Laythen Martines) on property located at 1000 & 1270 State Highway 53, Clearlake, CA, further described as APNs: 010-055-27 & 010-055-26 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 May 13, 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, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner DATE: May 13, 2021 RE: Bottle Rock Herbal Medicine, LLC * Major Use Permit (UP 20-37) * Initial Study (IS 20-46) Supervisor District Jessica Pyscka Planning Commissioner Lance Williams 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 Bottle Rock Herbal Medicine, 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) at 13095 & 13130 Bottle Rock Road, Cobb, CA on Lake County APN 011-039-37 & 011-039-38 as one legal lot. The applicant's proposal includes three (3) 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. The cultivation area will take place in two site locations totaling up to 5.3 acres and is as follows: Site A: 90,000 square feet canopy area within 160,000 square feet cultivation area Site B: 40,000 square feet canopy area within 70,000 square feet cultivation area The project does not consist of any construction of new structures with the project parcel. The applicant will utilize and convert existing structures such as the cafeteria, existing restroom facility, barn, recreational hall, and several outbuildings. Figure 1.Proposed Site Plan and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-37, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-46) 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 20-46) for Major Use Permit (UP 20-37) 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-8. 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 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, Cobb Mountain 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 20-37 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, Cobb Mountain 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: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-37) was applied for by Bottle Rock Herbal Medicine, LLC. (Charleen Wignall) on property located at 13095 & 13130 Bottle Rock Road, Cobb, CA, further described as APNs: 011-039-37 & 011-039-38 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 13, 2021. Major Use Permit (UP 20-37) I move that the Planning Commission find that the Major Use Permit (UP 20-37) was applied for by Bottle Rock Herbal Medicine, LLC. (Charleen Wignall) on property located at 13095 & 13130 Bottle Rock Road, Cobb, CA, further described as APNs: 011-039-37 & 011-039-38 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 May 13, 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, Community Development Director Toccarra Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: May 13, 2021 RE: VP Estates; Major Use Permit (UP 20-49) and Initial Study (IS 20-60) Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Site Plans 3. Property Management Plan 4. Agency Comments 5. Proposed Conditions of Approval 6. Initial Study IS 20-60 7. Public Comments I. EXECUTIVE SUMMARY. The applicant is requesting a major use permit for: * Two (2) A - Type 3B "medium mixed light" licenses for a 52,000 sq. ft. cultivation area contained within a 6' tall fenced enclosure. Cultivation to occur inside 15 greenhouses. * One (1) A-Type 13 Self Distribution License. * The proposed cultivation areas will be surrounded by a 6-foot tall wire fence, with privacy mesh to screen the cultivation areas from any view * Fourteen 27.5' x 118' greenhouses (proposed) * One 27.5' x 130' greenhouse * Ten (10) 5,000 gallon water storage tanks (proposed) * One (1) 12' x 20' shed (existing) * Two (2) eight foot by forty foot shipping containers (existing) * Two (2) Agriculture wells (existing) * One (1) 1200+ square foot manufactured dwelling (existing) * On-grid power (existing) Staff is recommending Approval with Conditions of UP 20-49. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 20-60) for Use Permit (UP 20-49) with the following findings: 1. Potential 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 Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1. 4. Potential environmental impacts related to Cultural / Tribal Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures CUL-1 and CUL-2. 5. Potential 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 Use Permit UP 20-49 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 the applicable sections of the Lake County Zoning Ordinance, the General Plan and the Middletown Area 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 20-60) applied for by VP Estates on property located 1579 Leslie Lane and 6890 Boggs Lane, Kelseyville, and is APNs: 007-010-20 and 54 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 April 22, 2021. Major Use Permit (UP 20-49) I move that the Planning Commission find that the Use Permit (UP 20-49) applied for by VP Estates on property located 1579 Leslie Lane and 6890 Boggs Lane, Kelseyville, and is APNs: 007-010-20 and 54 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 April 22, 2021. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Nicole Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: May 13, 2021 SUBJECT: Noble Farms / Patty Lanier REVISED Minor Use Permit Application (MUP 18-28) for Commercial Cannabis Cultivation, and Initial Study (IS 18-33). APN: 012-048-11 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Revised Site Plans 1. Property Management Plan 2. Agency Comments 3. Proposed Conditions of Approval 4. Revised Initial Study IS 18-63 and Mitigated Negative Declaration 5. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting approval of a Minor Use Permit to allow the following commercial cannabis cultivation licenses: two (2) A-Type 2 outdoor licenses and one (1) Type 13 Self Distribution license. The applicant proposes a phased development; the time-frames by phase listed below. Together these licenses allow 15,000 square feet of cultivation area and 10,000 square feet of canopy area. The 40+ acre subject site is located at 18211 Ponderosa Trail, Lower Lake, and is known as APN 012-048-11. The subject site contains a previously approved medical cannabis cultivation area, a dwelling, an on-site septic system and a domestic well, which will also be used for cannabis irrigation. The site is served by a private road (Ponderosa Trail) that connects with Noble Ranch Road. The topography of the parcel is a saddle between two broad hills; the eastern portion of the site is flat, while the western portion of the site has slopes in excess of 30% with undeveloped forest land. The 15,000 sq. ft. cultivation area is located as shown on the site plan below and slopes to the northwest toward Little High Valley. There are no wetlands or creeks on the property. Background. In Spring, 2020, the applicant changed the scope of her project and proposed six phases of development including 10 greenhouses, however the use of structures for commercial cannabis cultivation such as greenhouses require compliance with Public Resource Code (PRC) 4290 and 4291 road standards. The road serving the applicant's property is substandard, and would have required significant improvements that were not financially feasible by the applicant. The original initial study took into account the use of greenhouses and a drying building. The applicant has eliminated those structures, and instead seeks to use 'cold steel frame hoop houses', which are regarded as outdoor cultivation (no lighting), and the project then qualifies as an 'ag exempt' project, meaning that CalFire road standards would not apply. The Initial Study Addendum was sent to the State Clearinghouse on January 21, 2021, and was intended to reflect the new project details, and the subsequent mitigation measures that would be necessary to mitigate impacts with the revised project scope and details. The footprint of the cultivation area has not changed; only the structures have been removed. The revised Plan proposes gradual increases in the size and scale of the outdoor cultivation areas as follows: * Phase 1: 5,000 sq. ft. of canopy; estimated 6,500 sq. ft. of cultivation area. Target date: March 2020 through early activation (since expired). * Phase 2: continue with Phase I canopy / cultivation area. Target date: March 2021 * Phase 3: continue with Phase I canopy / cultivation area. Target date: March 2022 * Phase 4: add 3,360 sq. ft. of canopy, 4,000 sq. ft. of cultivation area. Target date: March 2023 * Phase 5: add 3,360 sq. ft. of canopy; 4,000 sq. ft. of cultivation area. Target date: March 2024 * Phase 6: add 3,280 sq. ft. of canopy; 3,500 sq. ft. of cultivation area. Target date: March 2025 Construction * Minimal site preparation will be needed based on the prior medicinal marijuana cultivation that was legally permitted on the site, and the application of the early activation permit that was issued by the County in 2020. An estimated 10 to 20 weekly construction-related trips are likely to occur. This site was granted 'Self Certification' in 2017 which allowed the cultivation of medicinal cannabis. Due to the prior self-certification, the proposed cannabis cultivation area is within an existing fenced in area, and the interior driveway is already in place. * Staging of equipment will occur on the existing interior driveway. The applicant has indicated that up to 3 employees will be on site during cultivation. Parking is provided to the west of the cultivation site. The estimated water usage ranges between 75,000 and 112,500 gallons per year. This amount of proposed water usage is generally consistent with other comparably sized outdoor cannabis cultivation licenses. CEQA analysis indicated that potential impacts to Aesthetics, Air Quality, Biological Resources and Cultural Resources could be mitigated through mitigation measures. These are identified later in this report. Staff recommends conditional approval of MUP 18-28. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt Mitigated Negative Declaration Addendum (IS 18-33) for Minor Use Permit MUP 18-28 with the following findings: 1. Potential environmental impacts related to air quality have been mitigated to less than significant levels by mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6 and AQ-7. 2. Potential environmental impacts related to biological resources have been mitigated to less than significant levels by mitigation measures BIO-1, BIO-2, and BIO-3. 3. Potential environmental impacts related to cultural / tribal cultural resources have been mitigated to less than significant levels by mitigation measures CUL-1 and CUL-2. 1. All potential impacts have been reduced to less than significant levels with incorporation of mitigation measures and specific conditions of approval. 2. 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 REVISED Minor Use Permit MUP 18-28 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, 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. 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 Addendum (IS 18-33) I move that the Planning Commission find that that the Initial Study Addendum (IS 18-33) prepared for the project proposed by Patricia Lanier on a property located at 18211 Ponderosa Trail, Lower Lake, further described as APN: 012-048-11 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 May 13, 2021. Minor Use Permit (MUP 18-28) I move that the Planning Commission find that the Minor Use Permit (MUP 18-28) applied for by Patricia Lanier on a property located at 18211 Ponderosa Trail, Lower Lake, further described as APN: 012-048-11 does meet the requirements of Section 50.4 of the Lake County Zoning Ordinance and the Minor Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 13, 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 Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner DATE: May 13, 2021 RE: Frosty Oaks, LLC * Major Use Permit (UP 19-46) * Initial Study (IS 19-65) Supervisor District Eddie Crandell Planning Commissioner Batsulwin Brown ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Double Eagle Ranch Property Owner Association CC&R Declaration 5. Initial Study 6. Agency Comments I. EXECUTIVE SUMMARY Frosty Oaks 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 1027 Watertrough Road, Clearlake Oaks, CA on Lake County APN 628-100-10. The applicant's proposal includes 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, within a 28,252 square feet cultivation area and include the following: * One (1) Type 13: "Distributor Transport Only, Self-Distribution" License * 120 square feet storage shed * 120 square feet security shed * Four (4) 5,000 gallons water storage tanks * Two (2) 2,500 gallons water storage tanks 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. According to the Project Management Plan (Attachment 2), the existing well produces approximately 10 gallons per minute and will utilize the proposed water tanks for storage during the dry season. The well near the northeast parcel boundary will be pumped underground to the water storage tanks proposed near the cultivation site in the eastern portion of the property. Frosty Oaks will utilize the existing 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 600,247 gallons per year. The proposed outdoor cultivation method is in planting beds 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. According to the application, visitation will only be allowed when specific permission is granted. Figure 1.Proposed Site Plans and Cultivation Area Staff is recommending denial of Major Use Permit, UP 19-46, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-65) with the incorporated Mitigation Measures and Conditions of Approval. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Deny Mitigated Negative Declaration (IS 19-65) for Major Use Permit (UP 19-46) B. Deny Major Use Permit UP 19-46 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will 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. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 19-46) applied for by Frosty Oaks, LLC (Stuart Spivack) on property located at 1027 Watertrough Road, Clearlake Oaks, CA, further described as APNs: 628-100-10, [628-080-04 & 628-090-03] cannot be adopted if the Use Permit is denied per staff's recommendation in the staff report dated May 13, 2021. Major Use Permit (UP 19-46) I move that the Planning Commission find that the Major Use Permit (UP 19-46) applied for by Frosty Oaks, LLC (Stuart Spivack) on property located at 1027 Watertrough Road, Clearlake Oaks, CA, further described as APNs: 628-100-10, [628-080-04 & 628-090-03] does not 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 denied subject to the conditions and with the findings listed in the staff report dated May 13, 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.