Planning Commission — Thursday, April 8, 2021

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: LC Private Reserves; Modification (MMU 20-13) to a Use Permit (UP 18-16) for Commercial Cannabis Cultivation and Categorical Exemption to CEQA (CE 20-67). APN: 012-006-58 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Conditions of Approval 3. Agency Comments 4. Site Plan I. EXECUTIVE SUMMARY On November 8, 2018, the Planning Commission approved Use Permit UP 18-16, also known as "Garden 1' on the subject site. The application was for 10,000 sq. ft. of 'mixed light' (greenhouse) cultivation. On December 15, 2020, the County received an application for a modification to the cultivation area to enable outdoor cultivation rather than inside of greenhouses; this is to occur inside the original footprint of file no. UP 18-16. The applicant is also proposing a 36.5' x 90' area for immature plants that was not part of the original approval. The 330 acre subject site takes access from Big Valley Road, a paved, County-maintained road in this location. The site was used for decades as a resort (Howard Hot Springs, then Avalon Hot Springs), and the site has been extensively disturbed over time. The original project was categorically exempted from CEQA due to the extent of historical disturbance that had occurred on the site. The applicant had provided a stormwater mitigation plan that shows the method of on-site water retention and channelization. There is a class 1 (perineal) stream on the southern end of the site (Big Canyon Creek); a class 2 unnamed seasonal stream transecting the middle of the site in a north-south direction, and a class 3 unnamed watercourse on the northern portion of the site. Garden 1 is not located within 100 feet of these drainage courses, and will have no impact on them. Garden 1 was originally approved as an indoor grow within a 10,000 sq. ft. covered greenhouse, and is now proposed to be an outdoor cultivation inside the original 10,000 sq. ft. footprint. The parent parcels are 330 acres in size; therefore there will be comparably minimal non-permeable surfaces being added by Garden 1. Staff is recommending Approval with Conditions of MMU 20-13. Categorical Exemption (CE 20-67) I move that the Planning Commission find that that Categorical Exemption (CE 20-67) applied for by Eric Sklar on a property located at 13333 Big Canyon Road, Middletown, further described as APN: 012-006-58 will not have a significant effect on the environment, and this project qualifies for a Categorical Exemption pursuant to CEQA section 15304 with the findings listed in the staff report dated April 8, 2021. Modification (MMU 20-13) I move that the Planning Commission find that the Modification (MMU 20-13) applied for by Eric Sklar on a property located at 13333 Big Canyon Road, Middletown, further described as APN: 012-006-58 does meet the requirements of Section 60 of the Lake County Zoning Ordinance and the Modification be granted subject to the conditions and with the findings listed in the staff report dated April 8, 2021.

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 8, 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.

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: Three Bees / Damien Ramirez; Major Use Permit (UP 19-33) and Initial Study (IS 19-51) Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Site Plans 3. Property Management Plan 4. Agency Comments 5. Proposed Conditions of Approval 6. Initial Study IS 19-51 7. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for (16) A-Type 3 (medium outdoor) cultivation areas consisting of up to 696,960 square feet (sq. ft.) of cultivation area, and an A-Type 13 Self Distribution license. The property is located at 21340 Eureka Road, Middletown, and is APNs: 014-003-24; 014-140-17, 19, 20 and 21. The applicant is also proposing four 200 s.f. 'storage buildings' to use as drying buildings; four small sheds, portable bathrooms and 6' tall security fencing. Staff is recommending Approval with Conditions of UP 19-33. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 19-51) for Use Permit (UP 19-33) 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, and AQ-6. 2. Potential environmental impacts related to Biological Resources can be mitigated to less than significant impacts with the inclusion of mitigation measures BIO-1 and BIO-2. 3. Proposed impacts to Cultural / Geological / Tribal Resources can be mitigated to 'less than significant' levels through 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 19-33 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. 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 this project complies with all applicable development standards found within Lake County Zoning Ordinance Article 27(at). 8. That the applicant is qualified to apply for these commercial cannabis licenses. 9. That the application submitted meets the qualifications for a commercial cannabis use permit. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 19-51) applied for by Three Bees LLC on property located at 21340 Eureka Road, Middletown, and is APNs: 014-003-24; 014-140-17, 19, 20 and 21 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 19-33) I move that the Planning Commission find that the Use Permit (UP 19-33) applied for by Three Bees LLC on property located at 21340 Eureka Road, Middletown, and is APNs: 014-003-24; 014-140-17, 19, 20 and 21 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.

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.

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: Hidden Valley Lake HOA / Hartmann Complex Improvements; Major Use Permit (UP 14-09) and Initial Study (IS 14-33). APN: 141-371-01 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Conditions of Approval 4. Site Plan 5. Initial Study IS 14-33 6. Correspondence with Applicant 7. Public Comments 8. Grading and Drainage Study I. EXECUTIVE SUMMARY The proposed Hartmann Complex at Hidden Valley Lake Project (proposed project) consists of the construction of a new 12,483 sq. ft. building, referred to as the Hartmann Complex, which will be located approximately 255 feet northwest of the existing facility; and the subsequent demolition of the existing 7,200 square foot (sq. ft.) building that houses the Greenview Restaurant and pro shop. The new building would house the same facilities that currently operate at the existing Hidden Valley Lake building, including the Greenview Restaurant & Caf� and golf Pro Shop, plus the addition of expanded banquet facilities. A new 3,180 sq. ft. covered patio would be attached to the Hartmann Complex building. Golf amenities surrounding the Hartmann Complex would be modified to include additional driving range tees with netting, relocated practice greens, and repositioning of the 1st hole golf tees. The project would also include additional parking and a dedicated drop-off area. Implementation of the proposed project requires approvals from the County including grading, building, and demolition permits. The existing Hidden Valley Lake Association facility would be relocated from a County zoning designation of Community Commercial (C2) to Open Space (O), which is the reason for this Major Use Permit. As required by the County's Department of Public Works, a sidewalk, curb, and gutter within six inches of the parcel boundary's right of way would be constructed, necessitating an Encroachment Permit. The County's issuance of the required permits triggers the need for compliance with the California Environmental Quality Act (CEQA). Project activities would consist of development within previously disturbed, paved, and regularly maintained areas of the golf course and do not include expansion of the existing golf course boundaries. Utility providers such as the Hidden Valley Lake Community Services District, South Lake County Fire Department, Pacific Gas & Electricity, and South Lake Refuse and Recycling are expected to remain the same. No improvements will be made within 20 feet of Coyote Creek. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt negative declaration (IS 14-33) for Use Permit (UP 14-09) with the following findings: 1. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measure AQ-1. 2. Potential environmental impacts related to cultural and tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CR-1 and CR-2. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1, BIO-2 and BIO-3. 4. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measure GEO-1. 5. 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 and HAZ-3. 6. Potential impacts related to hydrology and water quality can be mitigated to less than significant impacts with the inclusion of mitigation measure HYD-1. 7. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Middletown 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 Use Permit UP 14-09 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. Sample Motions: Mitigated Negative Declaration (IS 14-33) I move that the Planning Commission find that the Initial Study (IS 14-33) applied for by Hidden Valley Lake Homeowner's Association on property located at 19210 Hartmann Road, Hidden Valley Lake, and further described as APN 141-371-01 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 14-09) I move that the Planning Commission find that the Hidden Valley Lake Homeowner's Association on property located at 19210 Hartmann Road, Hidden Valley Lake, and further described as APN 141-371-01 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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Nicole Thomas, Community Development Deputy Director Prepared by: Michael Taylor, Assistant Planner DATE: April 8, 2021 RE: New Cingular Wireless PCS, dba AT&T Mobility; Major Use Permit (UP 20-80), and Initial Study (IS 20-96) 15650 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 006-530-03 and 006-530-04. Supervisor District 3: Eddie "EJ" Crandell Planning Commissioner: Batsulwin Brown ATTACHMENTS: 1. Vicinity Map 2. Project Statement 3. Site Plan, Access, and Grading Plan 4. Agency Comments 5. Proposed Conditions of Approval 6. Initial Study IS 20-96 7. Biological Resource Assessment 8. Letter of Support - Emergency Service Provider I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for a new 150' tall cell tower on the subject site, along with an emergency backup generator and associated electrical equipment needed for the cell tower to function. This project is for a new single lattice tower that will be capable of allowing co-located facilities on it. This application includes: * One (1) 40'x 45' (1,800 sq. ft.) carrier lease area * One (1) new 150' (Co-locatable) tall lattice cell tower on concrete pads * Nine (9) panel antennas * One (1) microwave antenna * Nineteen (19) remote radio units (RRU's) * One (1) 8' x 8' walk in closet equipment shelter * One (1) 30KW emergency backup generator * One (1) 190-gallon UL142 rated generator fuel tank * 5.0' x 10.0' generator concrete pad * One (1) step down transformer on a 4'2" x 4'4" concrete pad * One (1) 3' x 5' U.G. Telco vault * Gravel bed throughout enclosure * Six (6) foot tall chain link fence around the 40' x 45' enclosure * One (1) 12' wide double gate for enclosure access * 1,421 feet of underground power and fiber-optic cables in 6' wide utility corridor * Improve existing access road with 20' wide access and utility route including all weather surface were needed The cell tower site is on a portion of the property that is previously disturbed and relatively flat. There are high voltage lines located on the subject property. The tower site area is developed with a PG&E electrical tower and overhead lines, an access road, and ancillary equipment. Access to the facility will be from an existing gravel and dirt access road which begins at a newly improved frontage road (Almond Lane). The frontage road has direct access to Highway 20. The applicant proposes to improve the existing access road to be a 20' non-exclusive access and utility route beginning at the frontage road with an all-weather surface beginning approximately at the end of the existing gravel driveway up to the proposed tower site. A ten-foot wide minimum turnout will be added approximately halfway down the access road to comply with Cal Fire requirements. The proposed improvements would enhance the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, including emergency personnel. A technician parking area and emergency vehicle turnaround is proposed at the tower site. Cellular coverage maps show service gaps in the area and existing facilities are not meeting service needs associated with voice and increased wireless data needs. This project will provide additional facilities to meet service needs in the area. The additional facilities will also provide improved wireless communication service in emergencies to help protect public health, safety, and welfare. This facility will improve significant gaps in AT&T's service coverage in an area roughly bordered by Red Rock road to the north, Old Long Valley Road and Highway 217 to the east, Highway 23 to the south and Morine Way and Highway to the west. The facility will improve coverage to many homes in several neighborhoods, numerous businesses, church, and other points of interest in the immediate vicinity. Construction Construction of the 150' tall cell tower is anticipated to take between one and two months. Staging of equipment will occur on the previously disturbed site of the proposed tower and existing interior driveway. The existing access road will be improved to the tower site starting approximately at the end of the existing gravel road, and a ten foot-wide turnout will be added about half-way down this service road extension to comply with CalFire turnout spacing requirements. Estimated grading is approximately 1,609 cubic yards of cut, 40 cubic yards of fill, with an export of approximately 1,569 cubic yards. The estimated amount of earth to be moved would require a grading permit. The applicant will apply for a grading permit in the future after approval of this permit. The tower compound will be enclosed by a six-foot tall fence, and a technician parking and fire emergency turnaround area located adjacent tower enclosure. Construction will occur 5 days per week, from 7 am to 4 pm. Construction of the 40' x 45' level pad area would occur within a previously disturbed area, with minimal disturbance in adjacent native shrubland. The improvement of the existing gravel and dirt access as a 20' non-exclusive access and utility route between the tower site and the frontage road which the majority would occur within the existing access and small portions would occur within native shrubland. The 6' wide utility corridor for the underground power and fiber-optic cables will be in areas previously disturbed or planned for disturbance during implementation of other components of the project. The fenced enclosure will incorporate fiber rolls around the perimeter as an erosion control measure during and after construction. Operation Upon completion of construction, maintenance of carrier equipment (the equipment used by the cell tower service providers) will be necessary, meaning the site will be visited once or twice a month on an as needed basis by a service technician for each carrier for routine maintenance, unless there is an emergency. The tower will initially support one carrier but has the capability of supporting additional carriers through co-location. Technician parking and an emergency fire turnaround space adjacent to the compound is needed and used for maintenance activities. The site is entirely self-monitored and alerts personnel to any equipment malfunction or breach of security. Because the facility will be un-staffed, there will be no regular hours of operation and no change to existing traffic patterns. No on-site water or sanitation services will be required as a part of this proposal. The standby diesel generator will operate in the event of an emergency power outage and scheduled testing. Staff is recommending Approval with Conditions of UP 20-80. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 20-96) for Use Permit (UP 20-80) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 and AES-2. 2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-7. 3. Potential environmental impacts related to biological resources 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 resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2 and CUL-3. 5. Potential environmental impacts related to geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4. 6. Potential environmental impacts related to noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2 and NOI-3. 7. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 8. Any changes to the project will require an amended Use Permit 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 20-80 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. D. Approve the Wireless Communication Tower with the following findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 20-96) applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 15650 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 006-530-03 and 006-530-04 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 20-80) I move that the Planning Commission find that the Use Permit (UP 20-80) applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 15650 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 006-530-03 and 006-530-04 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. Wireless Communication Facility Approval I move that the Planning Commission find that the wireless communication facility applied for by New Cingular Wireless PCS, dba AT&T Mobility on property located at 15650 E. Highway 20, Clearlake Oaks, CA 95423, and further described as APN: 006-530-03 and 006-530-04 does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated April 8, 2021.

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Tocccarra Thomas, Community Development Deputy Director DATE: November 24, 2020 SUBJECT: Huttopia Six Sigma Glamping Project Major Use Permit UP 18-24, Initial Study IS 18-24; 13372 Spruce Grove Road, Lower Lake, CA 95457 (APNs 012-012-69 and 012-012-25). Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Project Description and Operations Plan 3. Proposed Development Plans 4. Conceptual Development Details 5. Proposed Conditions of Approval 6. RFR Agency Comments 7. Initial Study, IS 18-24 and Mitigated Negative Declaration 8. Initial Study Comments I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit to allow for the development of facilities associated with a walkable camping destination with an emphasis on the enjoyment of the local natural habitat. The propose project identifies the location of tents and cabins, central facilities, swimming pool, on-site water and sewer, and other support facilities (see Attachments 2 through 4). The project is proposed at the Six Sigma Ranch and Winery property at 13444 Spruce Grove Road on Assessor's Parcel Numbers (APNs) 012-012-69 and in Lower Lake, California. The proposed project site is located southeast of Lower Lake. From Lower Lake, drive approximately 1.5 miles south on State Highway 29, then turn left on Spruce Grove Road. The project driveway is 3.3 miles southeast of the intersection of State Highway 29 and Spruce Grove Road. Although the proposed project is located on the Six Sigma Ranch, the proposed project will have minimal development activities related to the project; there will be no impact to the Six Sigma Ranch or facilities. The parcels outside of the lease area would continue to be used and managed by the Six Sigma Ranch and Winery. The overall site layout, including drainage buffers and grading setbacks, is provided on the Development Site Plans (Attachment 3) Sheet D3. For ease of review, the site is divided into nine (9) zones with the details of each zone on a separate sheet. The layout within each zone is provided on Sheets D3.1 through D3.9. Construction staging is provided on Sheet D4. Proposed grading and erosion control, existing and proposed roads/trails/parking, road and pedestrian crossings, and typical details are provided on the Preliminary Grading and Erosion Control Plan (sheets C0 through C7 of Attachment 3). Proposed exterior lighting is provided on Sheets L0 through L2. Fire evacuation routes are summarized on Sheet F0. Conceptual details and illustrations are provided in Attachment 4. Applicant/Owner: Huttopia Six Sigma, LLC. Location/APN's: 13372 Spruce Grove Road, Lower Lake, CA 95457 (012-012-69 and 012-012-25). Parcel Size: 012-012-69: Approximately 280� acres in size. 012-012-25: Approximately 40� acres in size. General Plan: 012-012-69: "A-RL-RR" - Agricultural - Rural Lands - Rural Residential. 012-012-25: "RL" - Rural Lands. Zoning: 012-012-69: "A-RL-RR" - Agricultural - Rural Lands - Rural Residential. 012-012-25: "RL" - Rural Lands. Flood Zone: Not within a designated special flood hazard zone. Fire Zone: Moderate (majority of project site), high, and very high. Earthquake Fault Zone: Not within an earthquake fault zone. Dam Failure Inundation Zone: Not within a dam failure zone. Staff recommends conditional approval of the Mitigated Negative Declaration (IS 18-24) and Major Use Permit (UP 18-24), Proposed Conditions of Approval are included. II. RECOMMENDATIONS: Staff recommends the Planning Commission the take the following actions: A. Adopt a Mitigated Negative Declaration based on Initial Study, IS 18-24 for Major Use Permit, UP 18-24, and Lot Line Adjustment, LLA 20-04, with the following findings: 1. Potential environmental impacts related to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Public Services, Transportation, Tribal Cultural Resources, and Wildfire have been mitigated to less than significant levels with the incorporated Mitigation Measures and Conditions of Approval. As mitigated, this project will not result in any significant adverse environmental impacts. 2. This project is consistent with land uses in the vicinity. 3. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. B. Approve Major Use Permit, UP 18-24 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 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. 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. III. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study No. 18-24, , that the Major Use Permit, UP 18-24 and Lot Line Adjustment, LLA 20-04, as applied for by Huttopia Six Sigma, LLC will not have a significant effect on the environment and therefore adopt the Mitigated Negative Declaration and associated Mitigation Monitoring Reporting Program with the findings listed in the Staff Report dated November 24, 2020. Major Use Permit I move that the Planning Commission find that the Major Use Permit, UP 18-24 applied for by Huttopia Six Sigma, LLC, on property located at 13372 Spruce Grove Road, Lower Lake, CA 95457, APN: 012-012-69 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and approve the Major Use Permit, subject to the conditions of approval and with the findings listed in the Staff Report dated November 24, 2020.