Planning Commission — Thursday, April 22, 2021

Memorandum Item 1 9:05 AM April 22, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Victor Fernandez, Assistant Planner DATE: April 12, 2021 RE: Work Right Building LLC; Major Use Permit (UP 19-47), Categorical Exemption (CE 21-06), and Early Activation (EA 20-50) APN: 008-032-51 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plans Supervisor District 4 - Supervisor Scott Planning Commission - Commissioner Price I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit and 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) "Cannabis Processor License": A Permittee that conducts only trimming, drying, curing, grading, packaging, or labeling of cannabis and non-manufactured cannabis products. * 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 4615 Work Right Circle, Lakeport, CA. The nearest residence is located approximately 0.2 miles south from the building. The nearest youth oriented facility is located approximately 1.2 miles northeast from the building and the nearest church is located approximately 3.8 miles north. The existing Work Right building has 60,000 square feet of existing manufacturing/industrial/warehouse space and additionally a 7,500 square foot office space. The proposed use consists of the following: * 48,100 square foot Processing Area within existing building. Processing would include trimming, drying, curing, grading, packaging, and labeling of cannabis and non-manufactured cannabis products. * 690 square foot Manufacturing Area (Type 6 License) within existing building. Manufacturing would include non-volatile crude cannabis oil extraction using an ethanol based extraction system. Activities could include manufacturing or infused pre-rolls and would include packaging and labeling. * 1,810 square foot Distribution Area (Type 11 License) within existing building. Distribution would include the procurement, sale, and transport of cannabis and cannabis products between licensed entities. * 900 square foot Compost Area. * 7,500 square foot Office Space within existing building. Additionally, water will be supplied by an existing on site well, all activities will use the existing infrastructure which includes parking and restrooms. The site operations will be closed to the public. Visitations will only be allowed when specific permission is granted via operations requests forms. The hours of operation are proposed as follows: * Off-Season o Monday through Friday (7:00 am to 5:00 pm) approximately December through September. * Harvest/Processing Season o Monday through Sunday (6:00 am to 8:00 pm) approximately September through December. The existing site has approximately 95 parking spaces (paved). The proposed manufacturing, distribution, and processing will require approximately 12 full time employees, year round. Seasonal employees (contracted labor) will be acquired during the harvesting/processing season, approximately September through December. All seasonal employees will either be shuttled to the site or required to carpool to the site, reducing the required parking. Additionally, during peak season the number of vehicle trips (including deliveries/shipments/distribution) is approximately 2 to 6 deliveries trips. The site has an existing security system that prevents unauthorized access to the building and site. The site has an existing security fence system that provides a physical barrier to the rear end of the premises. No foot traffic will be authorized entry through rear security fencing. Signs will be located at the driveway approach to direct all visitors to sign in at the front office. Additionally, all doors are equipped with commercial locking doors. The doors will be equipped with a combination security lock that is restricted by each premises department. Additionally an onsite security guard will monitor the vehicles and personnel entry and exit to the site as well. The road leading to the project parcel is fully paved with storm water drainage and sewer system to remove roadways contamination from the public waterways. The project parcel is flat and the proposed project does not include new construction or grading. Two existing waste bins are located on site (8'X20' roll-off dumpsters with lids). Additionally, recyclables will be segregated from solid waste and stored in bins. At weekly intervals, the waste will be transferred by truck in trash cans with tight lids and deposited in an appropriate recycling facility. The applicant anticipates the following items for waste generation: Paper, glass, metal, electronics, plastic, organics, inerts (sand and concrete), household hazardous waste, special waste, and mixed residue. Chemicals will be will be stored inside, in approved chemical storage areas so that storm water is not contaminated. Chemicals will be properly labeled, properly segregated, and open containers will be sealed when not in use. The applicant proposes to utilize Material Safety Data Sheets for each chemical used at the facility. No vehicle and equipment fueling, or maintenance is proposed. Additionally, there is a dedicated area (that will be under surveillance) where cannabis waste will be handled. Cannabis waste will be rendered unusable and unrecognizable and disposed of at a licensed facility. 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 or former use. 2. This project remains consistent with the Lake County General Plan, Kelseyville 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 19-47 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, Kelseyville 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 21-06) applied for by Work Right Building, LLC on property located at 4615 Work Right Circle, Lakeport, CA and further described as APN: 008-032-51 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 12, 2021. Major Use Permit (UP 19-47) I move that the Planning Commission find that the Major Use Permit (UP 19-47) applied for by Work Right Building, LLC on property located at 4615 Work Right Circle, Lakeport, CA, further described as APN: 008-032-51 does meet the requirements of Section 51.4 and Article 27, Section (aaa), (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 12, 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 Item 2 9:10 AM April 22, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner Edited by: Eric Porter, Associate Planner DATE: April 22, 2021 RE: Frosty Oaks, LLC * Major Use Permit (UP 19-46) * Initial Study (IS 19-65) * Early Activation (EA 19-70) Supervisor District Eddie Crandell Planning Commissioner Batsulwin Brown 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 Frosty Oaks is requesting approval of a Major Use Permit for commercial cannabis cultivation. Location: 1027 Watertrough Road and 21822 & 21946 Merrian Drive, Clearlake Oaks, CA. APNs: 628-100-10 (cultivation site); 628-080-04 and 628-090-03 (co-location lots / no cultivation). The applicant's proposal includes one (1) A-Type 3 "Medium Outdoor" License, outdoor cultivation for adult-use cannabis without the use of light deprivation and/or artificial lighting in the 28,013 sq. ft. of canopy area and one (1) Type 13 "Self-Distribution" License. Also proposed: * 120 sq. ft. storage shed * 120 sq. ft. security shed * Four (4) 5,000 gallons water storage tanks * Two (2) 2,500 gallons water storage tanks (one will be CalFire compliant steel or fiberglass for use as fire suppression tank) * 6' tall fence with screening around the cultivation areas Water Analysis 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 install 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. Project Details All fertilizer and pest management products will be stored in the storage shed. According to the application, personal protective equipment will be used when handling fertilizers and other chemicals The chemicals used for the operation will be contained and sealed to prevent spillage per the property management plan submitted by the applicant. 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. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-65) for Major Use Permit (UP 19-46) with the following findings found in Attachment 5: 1. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6. 2. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-11. 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 and CUL-4. 4. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-7. 5. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-8. 6. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 7. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Zoning Ordinance. 9. 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. 10. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-46 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 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 19-46) applied for by Frosty Oaks, LLC (Stuart Spivack) on property located at 1027 Watertrough Road and 21822 & 21946 Merrian Road, Clearlake Oaks, CA, further described as APNs: 628-100-10, [628-080-04 & 628-090-03] 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 April 22, 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 and 21822 & 21946 Merrian Road Clearlake Oaks, CA, further described as APNs: 628-100-10, [628-080-04 & 628-090-03] 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 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 fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum April 22, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner DATE: April 22, 2021 RE: Alvarez Family Farms, Inc. * Major Use Permit (UP 20-03) * Initial Study (IS 20-02) Supervisor District Moke Simon Planning Commissioner John Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Proposed Site Plans 4. Proposed Conditions of Approval 5. Initial Study 6. Agency Comments I. EXECUTIVE SUMMARY Alvarez Family Farms, Inc. 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 12990 Spruce Grove Road, Lower Lake, CA on Lake County APN 012-067-40. 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 and one (1) A-Type1C (Indoor), 500 square feet or less of total canopy size for indoor cultivation within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot within an existing 600 square feet structure. The cultivation area will take place in four site locations totaling up to 3.6 acres and include the following: * One (1) Type 13: "Distributor Transport Only, Self-Distribution" License * (4) 8' x 40' conex for storage * (2) 10' x 10' fertilizer * (3) proposed water tanks * 35' x 10' break area * 6' x 3' refuse area * 5.5' x 7' portable restroom Figure 1.Proposed Site Plan and Cultivation Area Staff is recommending approval of Major Use Permit, UP 20-03, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-02) 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 20-02) for Major Use Permit (UP 20-03) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-4. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-9. 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 through 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-4. 6. 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. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 8. This project is consistent with land uses in the vicinity. 9. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Zoning Ordinance. 10. 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. 11. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-03 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 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 20-03) applied for by Alvarez Family Farm, Inc. (Freddie Alvarez) on property located at 12990 Spruce Grove Road, Lower Lake, CA, further described as APNs: 012-067-40 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 20-03) I move that the Planning Commission find that the Major Use Permit (UP 20-03) applied for by Alvarez Family Farm, Inc. (Freddie Alvarez) on property located at 12990 Spruce Grove Road, Lower Lake, CA, further described as APNs: 012-067-40 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 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 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: April 22, 2021 RE: Gustafson Farms, LLC * Major Use Permit (UP 20-28) * Initial Study (IS 20-33) * Early Activation (EA 20-32) Supervisor District Tina Scott Planning Commissioner Christina Price 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 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", (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 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 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. 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 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 April 22, 2021. Major Use Permit (UP 20-28) I move that the Planning Commission find that the 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 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 fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum April 22, 2021 STAFF REPORT TO: Planning Commission FROM: Scott De Leon, Community Development Director Toccarra Nicole Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: April 22, 2021 SUBJECT: Richard & Beverly Siri General Plan Amendment (GPAP 19-02), Rezone (RZ 19-02) and Initial Study (IS 19-41). Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Proposed Rezone and General Plan Mylar 3. Supplemental Data 4. Agency Comments 5. Draft Conditions of Approval 6. Initial Study IS 19-41 I. EXECUTIVE SUMMARY The applicant is requesting approval of a Rezone of APN: 029-141-22 from "R3 - SC - FF - WW" Multi-Family Residential - Scenic Combining - Floodway Fringe - Waterway Combining District to "R1 - SC - FF - WW" Single-Family Residential - Scenic Combining - Floodway Fringe - Waterway Combining District to accommodate plans for a single family home development in the future. In addition, the applicant is also requesting approval of a General Plan Amendment of APN 029-141-22 "RC - HDR" Resource Conservation - High Density Residential to "RC-LDR" Resource Conservation- Low Density Residential. The parcel fronts the shoreline of Clear Lake and is approximately 0.44 acres (19,166 square feet) along Lakeshore Boulevard, north of the City of Lakeport, and is currently vacant. The site is flat and contains an existing retaining wall along the northern and part of the southern lot line, as well as along the shoreline of Clear Lake (east). The future development is planned to be a single-family dwelling with garage, which would be approved through the ministerial building permit process. The existing access/roadway would be improved to meet all Federal, State and local agency requirements. Due to the shape of the lot and the location of the shoreline and retaining wall, the remaining buildable site is approximately 5,350 square feet in total area. ZONING MAP OF SITE AND VICINITY PROJECT DESCRIPTION Applicant/Owner: Richard & Beverly Siri Location: 4436 Lakeshore Blvd., Lakeport A.P.N.: 029-141-22 General Plan: Resource Conservation - High Density Residential Zoning - Existing: "R3 - SC - FF - WW" Multi-Family Residential - Scenic Combining - Floodway Fringe - Waterway Combining District Zoning - Proposed: "R1 - SC - FF - WW" Multi-Family Residential - Scenic Combining - Floodway Fringe - Waterway Combining District Flood Zone: AE School District: Lakeport Unified School District II. PROJECT SETTING Existing Uses and Improvements: The site is presently vacant and fronts the shoreline of Clear Lake. Surrounding Uses and Zoning: * North: "R3" - Multi-Family Residential; "SC" - Scenic Combining District; "FF" - Floodway Fringe; "WW" - Waterway Combining District. The parcels sizes range from approximately 0.398 to 0.635 acres in size. * East: Clear Lake. * South: "R1" - Single-Family Residential; "SC" - Scenic Combining District; "FF" - Floodway Fringe; "WW" - Waterway Combining District. The parcels sizes range from approximately 0.383 to 0.682 acres in size. * West: "R1" - Single-Family Residential; "SC" - Scenic Combining District; "FF" - Floodway Fringe Combining District. The parcels sizes range from approximately 0.139 to 1.588 acres in size. Topography: The site is relatively flat. Soils: According to the soil survey of Lake County, prepared by the U.S.D.A., the soil in the project area is Manzanita loams with 5-15% slopes (soil unit 160). The permeability of the soil is slow. Surface runoff is medium, and the hazard of erosion is moderate. This very deep, well-drained soil is on terraces. This soil unit is on the entire parcel. Fire Protection: Lakeport Fire Protection District/Cal Fire III. RECOMMENDATIONS Staff recommends that the Planning Commission take the following Actions: A. Adopt Mitigated Negative Declaration of Initial Study (IS 19-41) for General Plan Amendment, GPAP 19-02 and Rezone, RZ 19-02 with the following findings: 1. Although future developments of the project could have a significant effect on the environment, the project will have less than significant impact with mitigation measures consistent with CEQA guidelines (Sec.15070 to 15075). 2. This project is consistent with the Lake County General Plan, Lakeport Area Plan and Zoning Ordinance. 3. The project is consistent with land uses in the vicinity. 4. This project will not result in any significant adverse environmental impacts with the proposed mitigation measures. B. Approve General Plan Amendment (GPAP 19-02) and Rezone (RZ 19-02) 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. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of the future development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific 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. This project is consistent with the Lake County General Plan, Lakeport Area Plan, and Lake County Zoning Ordinance. 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. Sample Motions: Initial Study (IS 19-41) I move that the Planning Commission find the General Plan Amendment (GPAP 19-02) and Rezone (RZ 19-02) applied for by Richard and Beverly Siri on property located at 4436 Lakeshore Blvd., Lakeport further described as APN: 029-141-22 adopts the mitigated negative declaration (IS 19-41) based on the findings set forth in the staff report dated April 22, 2021. General Plan Amendment (GPAP 19-02) I move that the Planning Commission find that the General Plan Amendment (GPAP 19-02) applied for by Richard and Beverly Siri on property located 4436 Lakeshore Blvd., Lakeport further described as APN: 029-141-22 does meet the requirements of Section 47.22 and Article 10 of the Lake County Zoning Ordinance and the General Plan Amendment be granted subject to the findings listed in the staff report dated April 22, 2021. Rezone (RZ 19-02) I move that the Planning Commission find the Rezone (RZ 19-02) applied for by Richard and Beverly Siri on property located at 4436 Lakeshore Blvd., Lakeport further described as APN: 029-141-22 does meet the requirements of Section 47.22 and Article 10 of the Lake County Zoning Ordinance and the Rezone be granted subject to 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 April 22, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Toccarra Nicole Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: April 22, 2021 RE: Golden State Herb / Crystal Keesey; Major Use Permit (UP 19-08) and Initial Study (IS 19-14) Supervisor District 4; Planning Commissioner Christina Price ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plans 6. Initial Study IS 19-14 RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 19-14) for Use Permit (UP 19-08) 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 Biological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures BIO-1, BIO-2 and BIO-3. 3. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 4. 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 19-08 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 19-14) applied for by Golden State Herb on property located at 8550 Highway 175, Kelseyville, and further described as APN: 011-055-06 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 19-08) I move that the Planning Commission find that the Use Permit (UP 19-08) applied for by Golden State Herb on property located at 8550 Highway 175, Kelseyville, and further described as APN: 011-055-06 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 Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: April 22, 2021 RE: WeGrow LLC * Major Use Permit (UP 20-22) * Initial Study (IS 20-25) * Early Activation (EA 20-26) Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Conditions of Approval 5. Site Plans 6. Initial Study (CEQA) 7. Biological Assessment 8. Vacant 9. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit for commercial cannabis cultivation to allow fifteen (15) A-Type 3B (medium mixed light) commercial cannabis cultivation licenses and one (1) A-Type 1C (specialty cottage) license that would include 400,405 sq. ft. of mixed light cultivation area inside of greenhouses on a property located at 16750 Herrington Road, Hidden Valley Lake, California, APNs 013-060-40, 013-014-03 and 11. The project includes one (1) A-Type 13 'Self Distribution' license to enable legal transportation of cannabis to and from the property. The applicant's specific project proposal includes the following: Fifteen (15): A - Type 3B: "Medium Mixed Light" Licenses: Greenhouse cultivation for adult use cannabis using light deprivation and/or artificial lighting in the canopy area of 22,000 square feet of total canopy size on one premises per license. * The total proposed cultivation canopy is approximately 400,405 square feet. (roughly 9 acres) and will be cultivated in greenhouses. One (1): A-Type 1C: "Specialty Cottage" license: Greenhouse cultivation for adult use cannabis using light deprivation and/or artificial lighting and consisting of up to 2,500 sq. ft. of canopy; and, One (1): A - Type 13 "Self Distribution License" Project Details: The applicant is proposing the construction of the following: 1. Thirty (30) 90' x 125' greenhouses 2. One (1) 90' x 112' greenhouse 3. Four (4) 90' x 125' nursery greenhouses 4. Four (4) 50' x 100' drying buildings 5. One (1) 200 sq. ft. shed 6. Four (4) 2,500 gallon water tanks. 7. One (1) 6-foot tall galvanized woven wire fence covered with privacy mesh to screen the greenhouses from public view. 8. Removal of 20 to 30 mature oak trees native to Lake County, all of which are greater than 5" diameter measured at 4.5" measured at breast height The applicant has submitted a project summary which is paraphrased as follows. The current owner of the property is Zarina Otchkova who is also the project manager. The total acreage of all of the parcels is 309.06 acres (154.02 + 103.3 + 51.74) and the parcel is split zoned RL/RR-WW; Rural Land/Rural Residential - Waterway. The parcel is located roughly 1.5 miles west of the intersection of Highway 29 and Spruce Grove Rd in Hidden Valley Lake CA. The parcel lies within the 8-digit HU (Sub basin): Kelsey Creek - Clear Lake, and Crazy Creek - Putah Creek Watershed (HUC10). There is an unnamed perennial Class III watercourse indicated on the NHD map layer utilized by California resource agencies via CNDDB and the Federal NWI map layer, which flows across the south eastern corner of the Project property. The Biological Report also identified a creek and a potential wetland on the northeastern corner of the parcel. The cannabis cultivation area will be setback a minimum of 150 feet from the top of the bank of any bodies of water. There are no other surface water bodies on the Project property. There will be no surface water diversions or water crossings with this project. Commercial cannabis is tightly regulated by CalCannbis in terms of chemicals that are introduced to and through the plants. Consequently, WeGrow has stated that they will be fully organic with their supplements of both dry and liquid fertilizers. The proposed dry fertilizers include dry worm castings as well as Chicken and Bat Guano. As for liquid fertilizers most of it will be coming from MaxSea and organic compost. The pesticides that will be used for this cultivation project include neem oil and capsaicin, both at limited quantities during the growing months and only used when necessary. All of the fertilizers, nutrients, and pesticides will only be purchased and delivered to the property as needed, and will be stored separately in the secure storage shed, in their original containers and used as impermeable surface with secondary containment, at least 150 feet from surface water bodies. Empty containers will be disposed of by placing them in a separate seal tight bin with a fitted lid and disposed of at the local solid waste facility within the county. At no time will fertilizers/nutrients be applied at a rate greater than 319 pounds of nitrogen per acre per year (requirement of the State Water Resource Control Board's Cannabis General Order). Water soluble fertilizers/nutrients will be delivered via the drip and micro-spray irrigation system(s) of the proposed cultivation operation to promote optimal plant growth and flower formation while using as little product as necessary. Petroleum products will be stored year-round in State of California-approved containers with secondary containment and separate from pesticides and fertilizers, within the processing facilities. WeGrow has stated that all agricultural chemicals associated with cannabis cultivation (fertilizers, pesticides, and petroleum products) will be stored within the secure proposed 200 sq. ft. storage area. The proposed processing buildings will contain cannabis processing activities such as drying, trimming, curing, and packaging. The nearest offsite residence is over 350 feet away from the proposed cultivation area. All areas of the proposed project will be fully out of view from all public view due to the dense vegetation and slope of the location. The proposed cultivation operation will utilize drip irrigation systems, to conserve water resources. The well in the center of the property is directly next to the proposed cultivation area. Since the well, storage tanks and cultivation area all within feet of each other above ground water lines will be used which will be a combination of PVC piping and black poly tubing. Water use is projected to be approximately 4,713,000+ gallons per year* (please see Water Use Section for methodology). The cultivation area is nearly completely flat with little to no slope, meaning rainwater runoff will not be a huge concern. Straw wattles are proposed around southeastern portion of the cultivation area to filter potential sediment from stormwater as it moves on to the property's seasonal drainages to the east. The natural existing vegetated buffer will be maintained as needed between all project areas and waterways on the property. A Biological Assessment for the property was completed on March 1, 2020 and prepared by Pinecrest Environmental Consulting Inc. The results of the Biological Assessment are described as follows: ? No special status plant species were observed, and no impacts are expected to occur to any based-on lack of sighting and lack of suitable habitat at the cultivation area. ? No special status animal species were observed, and no impacts are expected to occur to any. There are several wetlands on the eastern portion of the parcel that may be suitable for sensitive frog species and should not be disturbed. ? No impacts are predicted for sediment discharge to watercourses or wetlands due to the absence of the features near the cultivation area. ? No impacts are predicted for habitat conservation or with local ordinances and no further mitigations are required. A Cultural Resource Evaluation for the parcel was completed on February 28, 2020 prepared by [Wolf Creek Archaeology LLC]. Although 1 historic/prehistoric site was discovered during the field inspection, this resource was recorded south of the proposed project area. No other historic or prehistoric cultural materials were discovered. Based on the field evaluation by [Wolf Creek Archaeology], it was recommended that the proposed project be approved as planned. WeGrow's site will require a high amount of electricity as they will be cultivating 400,405 sq. ft. of canopy in greenhouses with a maximum of 25 watts per square foot. All electricity needed for the project will be supplied from PG&E through the existing connection but will require an electrical upgrade. The proposed project is proposing a backup generator to be used in emergency situations when electricity cannot be supplied by PG&E. The project does not propose the storage or use of any hazardous materials. All organic waste will be placed in the designated composting area within the cultivation area. All solid waste will be stored in bins with secure fitting lids until being disposed of at a Lake County Integrated Waste Management facility, at least once a week during the cultivation season. The closest Lake County Integrated Waste Management facility to the proposed cultivation operation is the Eastlake Landfill. The Project Property is currently accessed by a private gravel driveway off Herington Road. The existing access driveway on the property leads to the center of the property where the cultivation area is proposed. At minimum the driveway will be 20 ft wide with 14 ft of unobstructed horizontal clearance and 15 feet of unobstructed vertical clearance. The access driveway will have 6-inch gravel added to the entire length of it and have 6 parking stalls (one ADA) as well as hammerhead turnaround in front of the cultivation area that will be 20' wide and 60' in length. A gate will be installed with an entrance of at least 2 feet wider than the width of the traffic lane with a minimum of 14 feet unobstructed horizontal clearance and 15 feet on unobstructed vertical clearance. The access gate will be located at least 30 feet from the main shared access road and property line. The gate will be locked outside of core operating/business hours (8am to 6pm) and whenever WeGrow personnel are not present. The gate will be secured with a heavy-duty chain, commercial grade padlock and a Knox Box to allow 24/7 access for emergency services. Only approved WeGrow managerial staff and emergency service providers are able to unlock the gates on the Project Property. The cultivation area fence will be a 6 ft tall chain link fence with a privacy mesh screen and mounted with security cameras. Posts will be set into the ground at not more than 10-foot intervals, and terminal posts set into concrete footings. A site visit by retired Fire Chief and current Code Enforcement Manager Andrew Williams and Associate Planner Eric Porter took place on March 19, 2021. Mr. Williams observed that the existing interior driveway was not adequate to meet Public Resource Codes 4290 and 4291 (CalFire road standards for commercial development), but that the interior road and entry gate could be made to be compliant with appropriate conditions of approval and mitigation measures to this project implemented and verified prior to cultivation. Water Analysis A well report was submitted by the applicant; the report was written in September 1997 when the well was drilled. There are no other more recent reports as of March 20, 2021. In the 1997 report, water was found at a depth of 60 feet, and the well produced 106 gallons of water per minute, which is regarded as a high-producing well. Unknown is the extent or depth of the aquifer in this area, or what the rate of well recharge is once the well is stopped for a period of time. The Lake County Zoning has no minimum gallons per minute productivity; water depth / recharge rate, or other regulations for what constitutes an adequate water availability analysis. In this case the applicant has verbally consented to having a 5,000 gallon metal water tank adapted with fire department connection hoses, along with four 5,000 gallon plastic tanks to hold irrigation water. The applicant will use a drip-irrigation system inside the greenhouses, which is more water-efficient than other methods of irrigation. Cannabis plants typically require between 4 and 6 gallons of water per day per plant. The applicant has provided projected water usage data within the following chart, however this analysis did not include the water needed to irrigate the screening trees recommended as conditions of approval for the removal of existing live oak trees . The following chart shows the proposed water usage for the cannabis cultivation minus the replacement tree irrigation water that will be needed for the live oak trees. CONSTRUCTION DETAILS According to the applicant, the following is in regards to the site preparation and construction: * Approximately 150 cubic yards of earth will be excavated to accommodate the greenhouse pads and drying building pads. Although the applicant has applied for a grading permit, a building permit required for any building over 200 sq. ft., including greenhouses, allows up to 500 cubic yards of earth to be moved without a grading permit being required. Less than 500 cubic yards of earth will be removed by this proposal, which will occur on flat ground. The road improvements will not require significant grading, nor will the interior road improvements, or the removal of the estimated 20 to 30 native oak trees that are located on the property. * Construction is anticipated to last between two and four months. * The interior roadway will be improved with 6" of gravel base to a width of 20' to meet the CalFire Road Standards as provided in the California Public Resource Code Sections (PRC 4290 and 4291). The entry gate will be widened to no less than 22 feet, and a 'knox box' shall be installed on the gatepost to enable emergency vehicle access to the site if needed. * Materials and equipment will only be staged on areas disturbed prior to the project application completion (existing roads, parking and work areas). No areas undisturbed at the start of the project will be disturbed during the project for the purpose of staging materials or equipment. * Any drivers will be instructed to drive slowly for safety and keep down dust to mitigate the generation of dust during construction. * All construction activities, including engine warm-up, will be limited to Monday through Saturday between the hours of 7:00am and 7:00pm. * All equipment will be maintained and operated in a manner that minimizes any spill or leak of hazardous materials. All equipment will only be refueled in locations more than 100 feet from surface water bodies, and any servicing of equipment will occur on an impermeable surface. In the event of a spill or leak, the contaminated soil will be stored, transported, and disposed of consistent with applicable local, state and federal regulations. * Estimated daily construction-related trips are up to 10 trips per day during the construction period. POST CONSTRUCTION (OPERATIONAL) DETAILS. If this project is approved, the following operational characteristics will be met: * Up to 20 employees per day will work on site * Between 40 and 80 average daily vehicle trips are anticipated * An ADA-compliant restroom and hand wash station is required on the property * A minimum of 20 regular parking spaces and one ADA-compliant parking space is required on site. * Operational noise levels of greenhouse filtration systems shall not exceed the maximum decibel levels established within the Lake County Zoning Ordinance as measured at the property line(s). * Generators are only allowed to be used during power outages as a backup power source. * Water is required to be obtained on-site. No 'trucked in' water is permitted. * Light must be contained within greenhouses. The only outdoor lighting allowed associated with this project is security lighting around the perimeter of the fenced cultivation area that is downcast and is not visible from neighboring properties or public roads. * The applicant has not provided energy usage calculations. A typical 'greenhouse cultivation' activity usually requires no less than 400 amps or more of power. This project will likely require significantly more power than 400 amps. The burden of proof is on the applicant to determine (1) total power needs; (2) who will supply this power (PG&E; on-site solar arrays, et cetera), and (3) how the County can be assured that this power need will be met by the applicant. II. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt Mitigated Negative Declaration (IS 20-25) for Major Use Permit (UP 20-22) with the following findings: 1. Potential impacts to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 2. Potential 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 biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1. 4. Potential environmental impacts related to cultural, historic geological and tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 5. Potential energy-related impacts can be mitigated to less than significant levels with the inclusion of mitigation measure EN-1 and EN-2. 6. Potential impacts related to hydrology and water quality can be mitigated to less than significant impacts with the inclusion of mitigation measures HYD-1. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 8. Potential transportation-related impacts can be mitigated to 'less than significant' levels with the inclusion of mitigation measure TRANS-1. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Middletown Area Plan and the applicable Zoning Ordinance standards and criteria for a commercial cannabis cultivation operation. 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 20-22 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). Mitigated Negative Declaration (IS 20-25) I move that the Planning Commission find that the Major Use Permit (UP 20-22) applied for by WeGrow LLC on property located at 16750 Herrington Road, Hidden Valley Lake, and further described as APNs 013-060-40, 013-014-03 and 11 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings for approval listed in the staff report dated April 22, 2021. Major Use Permit (UP 20-22) I move that the Planning Commission find that the Major Use Permit (UP 20-22) applied for by WeGrow LLC on property located at 16750 Herrington Road, Hidden Valley Lake, and further described as APNs 013-060-40, 013-014-03 and 11 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 for approval 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 Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: April 22, 2021 RE: CUA Enterprises * Major Use Permit (UP 19-40) * Initial Study (IS 19-59) * Early Activation (EA 19-65) Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Conditions of Approval 5. Site Plans 6. Initial Study I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit for commercial cannabis cultivation to allow a total of 104,840 square feet of cultivation area and an estimated 100,000 sq. ft. of canopy area on a property located at 25252, 25322, 25372 and 25312 Jerusalem Grade Road (parcel size +77.04 acres) Middletown, California, APNs 013-017-92, 013-017-74, 013-017-36 and 013-017-31. The applicant's proposal will include the following: 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 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 104,840 square feet. (3 acres) and will be cultivated in above ground pots (known as smart pots). One (1): A - Type 13 "Self Distribution License" The Project Property is currently accessed by a shared private gravel driveway off of Jerusalem Grade. It is notable that the entire property is surrounded by BLM land, and BLM has submitted a letter stating that they would not guarantee that this project might not be subject to criminal prosecution, since cannabis is still a Schedule 1 narcotic at the Federal level. Please see Attachment 3, letter from the BLM. The proposed canopy area will be surrounded by a 6-foot tall galvanized woven wire fences, covered with privacy mesh to screen from public view. The proposed ancillary facilities include: * One (1) 8' x 20' harvest storage shed; * One (1) 10' x 12' wooden security shed; * One (1) 120 square foot pesticides, agricultural chemical storage shed; and * Four (4) 8,000-gallon water storage tanks. The proposed cultivation method will be an organic soilless growing with micro-spray drip irrigation systems. Additionally, agricultural chemicals associated with cannabis cultivation including fertilizers, pesticides, and petroleum products will be securely stored inside the proposed pesticides and agricultural chemical storage shed. The parcels are located at the base of Bishop Mountain in eastern Lake County and lie within the Upper Putah Creek watershed (HUC10) and the Hunting Creek sub-watershed (HUC12). Multiple ephemeral Class III watercourses begin on the Project Property and flow northeast into Jericho Creek. The cannabis cultivation area will be setback more than 100 feet from the top of the bank of any bodies of water. There are no other surface water bodies on the Project property. The proposed cultivation operation will utilize drip irrigation systems, to conserve water resources. All water for the cultivation operation will come from two existing onsite groundwater wells and the project site has been enrolled for coverage under the State Water Resources Control Board. The well on site will be pumped to the water storage tanks proposed right next to the proposed canopy area. Water use is projected to be approximately 10,000 gallons per day, 75,000 gallons per year. The cultivation area is relatively flat with 5 % to 15% slopes. A native grass seed mixture and certified weed-free straw mulch is proposed around the exposed soil area every year before eastern portion of the cultivation area to filter sediment from stormwater as it moves on to the property's seasonal drainages. The natural existing vegetated buffer will be maintained as needed between all project areas and waterways on the property. All organic waste will be placed in the designated composting area within the cultivation area. The proposed project site is accessed from a private easement road (Jerusalem Grade Road beyond the Putah Creek Bridge) that is not compliant with Public Resource Code sections 4290 and 4291. The easement road connects to Jerusalem Grade Road, a county maintained road to the west of the bridge over Putah Creek. The applicant has indicated that the access road will be graveled to support a 75,000 lb load as well as be a minimum of 20 feet wide and have a 60 feet by 20 feet hammerhead turnaround at the terminus. A minimal increase in traffic is anticipated due to construction, maintenance and weekly and/or monthly incoming and outgoing deliveries through the use of small vehicles only. Daily employee trips are anticipated to be between 8 and 12 trips during cultivation season from April 1st to November 15th. CONSTRUCTION According to the applicant, the following is in regards to the site preparation and construction: * Less than fifty (50) cubic yards of grading will be anticipated for the proposed cultivation operation. * Materials and equipment will only be staged on previously disturbed areas (existing roads, parking and work areas). No areas will be disturbed for the purpose of staging materials or equipment. * Any drivers will be instructed to drive slowly for safety and keep down dust to mitigate the generation of dust during construction. * All construction activities, including engine warm-up, will be limited to Monday through Saturday between the hours of 8:00am and 7:00pm. * All equipment will be maintained and operated in a manner that minimizes any spill or leak of hazardous materials. All equipment will only be refueled in locations more than 100 feet from surface water bodies, and any servicing of equipment will occur on an impermeable surface. In the event of a spill or leak, the contaminated soil will be stored, transported, and disposed of consistent with applicable local, state and federal regulations. * Estimated construction period is 2 weeks and could generate a maximum of 40 to 80 vehicle trips, in addition to the 4 to 8 vehicle trips generated by employees Staff is recommending approval of Major Use Permit, UP 19-40. II. RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 19-59) for Major Use Permit (UP 19-40) with the following findings: 1. Potential impacts to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 2. Potential 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 and AQ-6. 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 and CUL-2. 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, BIO-7 and BIO-8. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, GEO-3 and GEO-4. 6. Potential impacts regarding hazards and hazardous materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1, HAZ-2, HAZ-3, HAZ-4 and HAZ-5. 7. Potential impacts related to hydrology and water quality can be mitigated to less than significant impacts with the inclusion of mitigation measures HYD-1, HYD-2, HYD-3 and HYD-4 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, Middletown Area Plan and Zoning Ordinance. 11. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 12. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 19-40 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 (IS 19-59) I move that the Planning Commission find that the Major Use Permit (UP 19-40) applied for by CUA Enterprises on property located at 25252, 25322, 25372 and 25312 Jerusalem Grade Road, Middletown, and further described as APNs 013-017-92, 013-017-74, 013-017-36 and 013-017-31will 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 8, 2021. Major Use Permit (UP 19-40) I move that the Planning Commission find that the Major Use Permit (UP 19-40) applied for by CUA Enterprises on property located at 25252, 25322, 25372 and 25312 Jerusalem Grade Road, Middletown, further described as APNs 013-017-92, 013-017-74, 013-017-36 and 013-017-31 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 8, 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: April 8, 2021 RE: Badlands / Damien Ramirez; Major Use Permit (UP 19-31) and Initial Study (IS 19-39) Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Conditions of Approval 5. Existing and Proposed Site and Grading Plans 6. Initial Study IS 19-39 I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for (12) A-Type 3 (medium outdoor) cultivation areas consisting of up to 529,560 square feet (sq. ft.) of cultivation area, and an A-Type 13 Self Distribution license. The property is located at 21518 Bartlett Springs Road, Lucerne, and is APN: 016-032-01. The applicant is also proposing two 1,500 sq. ft. sheds to use as drying buildings, and 6' tall security fencing. Staff is recommending Approval with Conditions of UP 19-31. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 19-39) for Use Permit (UP 19-31) 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 Biological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures BIO-1, BIO-2, and BIO-3. 3. Potential environmental impacts to Cultural / Geological / Tribal Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures CUL-1 and CUL-2. 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 Use Permit UP 19-31 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 required standards and criteria found within Article 27 (at) of the Lake County Zoning Ordinance. 8. That the applicant is qualified to make this application. 9. That this application complies with all qualifications found in Article 27 (at) of the Lake County Zoning Ordinance. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 19-39) applied for by Badlands LLC on property located at 21518 Bartlett Springs Road, Lucerne, and further described as APN: 016-032-01 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 8, 2021. Major Use Permit (UP 19-31) I move that the Planning Commission find that the Use Permit (UP 19-31) applied for by Badlands LLC on property located at 21518 Bartlett Springs Road, Lucerne, and further described as APN: 016-032-01 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 8, 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.