Planning Commission — Thursday, March 25, 2021

Memorandum Item 1 9:05 AM March 25, 2021 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: March 25, 2021 RE: Jinchun Agriculture LLC; Major Use Permit (UP 19-11) and Initial Study (IS 19-22) 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 19-22 I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for (4) A-Type 3 (medium outdoor) cultivation areas consisting of up to 260,000 square feet (sq. ft.) of cultivation area, and an A-Type 13 Self Distribution license. The property is located at 16740 Daly Place, Middletown, and is APN: 013-013-51. The applicant is also proposing a 4,000 sq. ft. drying building, security fencing. Staff is recommending Approval with Conditions of UP 19-11.

Memorandum Item 2 9:10 AM March 25, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Community Development Deputy Director Prepared by: Eric Porter, Associate Planner DATE: March 25, 2021 RE: Cunningham Farms; Major Use Permit (UP 19-43) and Initial Study (IS 19-62) 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 19-62 7. Public Comments I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for: * One (1) A - Type 3 "Outdoor" License for two (2) 30,000 sq. ft. cultivation areas. East Side Farms seeks to obtain a Major Use Permit for Commercial Cannabis Cultivation for total cannabis canopy of 43,560 square feet. The total cultivation area is 60,000 square feet. All cannabis will be grown in above-ground planters. * One (1) A-Type 13 Self Distribution License. * One (1) Complex Grading Permit * The proposed cultivation areas will be surrounded by a 6-foot tall wire fence, with privacy mesh to screen the cultivation areas from any view * One(1) 30,000 gallon metal water storage tank (existing) * One (1) 2,500 gallon water storage tank (existing) * Four (4) 2,500 gallon water storage tanks (proposed) * One (1) eight foot by eight foot fertilizer / pesticide storage container (existing) * Two (2) Agriculture wells (existing) * One (1) 28' by 40' barn (existing) * An 800+ square foot dwelling (existing) * One (1) 14' by 16' wooden shed (existing) * One (1) 10' by 12' security center The property is located at 23131 Jerusalem Grade Road, Middletown, and is APNs: 013-015-39, 43 and 57 (formerly lots 34 and 35 recently merged). The applicant is also proposing two 120 sq. ft. sheds for chemical / pesticide storage, and for security data storage. Staff is recommending Approval with Conditions of UP 19-43.

Item # 3 9:15 AM March 25, 2021 Carried over from February 25, 2021 STAFF REPORT TO: Lake County Planning Commission FROM: Toccarra Nicole Thomas, AICP, CQIA, Deputy Director Community Development Department Scott De Leon Director Community Development Department DATE: February 25, 2021 SUBJECT: Recommendation of Planning Commission Approval of Text Amendments to Article 27SEC. 21-27 USES GENERALLY PERMITTED (at) Commercial Cannabis Cultivation: (Ord. No. 3084, 05/21/2019) Proposed Amendments to Zoning Ordinance (AM 20-02) Categorical Exemption (CE 20-15) ATTACHMENTS: 1. Ordinance 3092 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 27 OF THE LAKE COUNTY CODE PERTAINING TO COMMERCIAL CANNABIS CULTIVATION 2. Ordinance 3096 AN ORDINANCE AMENDING ARTICLES 27 AND 68 OF CHAPTER TWENTY-ONE OF THE LAKE COUNTY CODE TO CLARIFY THE DEFINITION OF PUBLIC LANDS IN REGARD TO COMMERCIAL CANNABIS CULTIVATION 3. Resolution of Intention 2020-178 RESOLUTION OF INTENTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LAKE TO INITIATE AMENDMENTS TO THE ZONING ORDINANCE TO ESTABLISH REGULATIONS AND DEVELOP STANDARDS FOR THE CULTIVATION OF CANNABIS AMENDING ARTICLE 15 OF THE LAKE COUNTY CODE PERTAINING TO THE PLANNED DEVELOPMENT COMMERCIAL OR "PDC" DISTRICT 4. Planning Commission May 28, 2020 Agenda Item # 3 Discussion of Text Amendments to Article 27SEC. 21-27 USES GENERALLY PERMITTED (at) Commercial Cannabis Cultivation: (Ord. No. 3084, 05/21/2019) Proposed Amendments to Zoning Ordinance (AM 20-02) Categorical Exemption (CE 20-15) I. Summary The County of Lake Board of Supervisors discussed and approved several changes to Article 27 over the course of 2020. Those zoning text amendments clarified definitions, changed setbacks for cannabis cultivation, and added protections for existing agricultural uses. Some of these Zoning Text Amendments were approved by the Board of Supervisors, while others were remanded to the Planning Commission for discussion and consideration. This staff report outlines those changes that were made by the Board of Supervisors, the zoning text amendments previously discussed by the Planning Commission as background information, and the necessary actions for the Planning Commission to take today on the Zoning Text Amendments.. Staff recommends the approval of the Zoning Text Amendments by the Planning Commission and to provide its recommendation to the Board of Supervisors via a resolution of intention per Article 47.13. II. Previous Discussion and Action on the Zoning Text Amendments by the Board of Supervisors and Planning Commission The Board of Supervisors considered and approved zoning text amendments to the Zoning Ordinance Article 27 on several dates, May 12, 2020, August 11, 2020, and December 8, 2020, the Planning commission discussed some of the Zoning Text Amendments without formal action during the May 28, 2020 meeting. Those zoning text amendments are outlined below for informational purposes. May 12, 2020 Board of Supervisor Discussion and Action Ordinance 3092 On May 12, 2020 the Board of Supervisors discussed and approved the following zoning text amendments: 1. Decrease in minimum acre size for indoor cultivations 2. Elimination of plant count limitations for small scale cultivations 3. Deadline for registering with the California Resources Control Board for water quality protection programs by 10/31/2020 4. Security surveillance system requirements being necessary only during active operations 5. Addition of Type 10 and Type 10 A dispensary license to microbusiness as long as it is part of a resort operation and not stand alone operation 6. Planned Development Commercial District a. Allowance of licensed cannabis processing in parcels zoned as Planned Development Commercial ("PDC"); b. Table B of Section 27.11 of Chapter 21 of the Lake County Code is hereby amended as to the section (aaa) Cannabis Processor License to include the Planned Development Commercial (PDC) zoning district to the list of zoning districts in which licensed cannabis processing is generally permitted with a Use Permit 7. Applicants should not be approved to receive a permit until electronic finger print images are submitted to the Department of Justice, Lake County Sherriff Department, or the Lake County Community Development Department has been approved by the DOJ or Lake County Sherriff's Office 8. Due to the nature of Agricultural Work the employee may be permitted to work temporarily upon submitting background information; if there are any employees who have failed the background checks their employment must be terminated immediately No Action is required on these Zoning Text Amendments as they were previously approved by the Board of Supervisors. On September 10, 2020 the Board of Supervisors adopted Ordinance Number 3096 which amended Article 27 with the following changes with an effective date of September 10, 2020: 1. In Chapter 21, Section 27.3 (at)(1)(v), the Board of Supervisors suggested to change the setback for public lands from 1,000 feet to 200 feet. o While this was originally submitted for the Planning Commission to review, on August 11, 2020 the Board of Supervisors changed the definition of public lands so that only areas designated for public activity such as visitor centers, trails, campsites, and more would be afforded the 1000 foot setback from cannabis cultivation, while other public lands not designated as a public destination can default to a 100 foot setback from cannabis cultivation. No Action is required on these Zoning Text Amendments as they were previously approved by the Board of Supervisors; providing for information review of what was previously approved. III. RECOMMENDATIONS Staff recommends that the Planning Commission take the following Actions: A. Find that the proposed Text Amendment to the Lake County Zoning Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to � 15061(b)(3) of the CEQA Guidelines with the following findings: 1. The proposed Zoning Ordinance Text Amendments are consistent with the Lake County General Plan and Zoning Ordinance. 2. The proposed Zoning Ordinance Text Amendments will not have a significant effect on the environment. 3. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B. Submit a resolution of intention to the Board of Supervisors to consider and approve the proposed Zoning Ordinance Text Amendments: 1. Change the following license types to enhance the potential for development of additional microbusiness activities, which in turn allows for the county to collect Measure C and Measure K taxes. Reduction of Lot Sizes Throughout License Types Licensee Type Current Proposed Type 1 - outdoor Maximum 5,000 sq. ft. Canopy up to 50 Mature Plants on Noncontiguous plots* Type 1A - indoor 1. Maximum 5,000 sq. ft. 2. 5 Acre Minimum 3. Unlimited Canopy 4. 2 Acre Minimum Type 1C - outdoor Maximum 2,500 sq. ft. Up to 25 Mature Plants Type 2A - indoor 20 Acre Minimum 2 Acre Minimum Type 3A - indoor 20 Acre Minimum 2 Acre minimum. 2. Change the required minimum Riparian Setbacks actively approved by the California State Water Resources Control Board 3. Include language for the clarification for Site Plans submission 4. Include language to increase Administrative fines for violations of the zoning ordinance. Currently the fine for those who violate the conditions of the EA/Use Permit is only $1,000 per plant per day. Zoning Ordinance Text Amendment Approval 1. I move that the Planning Commission find this Zoning Ordinance Text Amendment, AM 20-02, is Categorically Exempt (CE 20-15) from the California Environmental Quality Act (CEQA) Guidelines pursuant to �15061(b)(3). 2. I move that the Planning Commission recommend approval of the proposed Zoning Ordinance Text Amendment, AM 20-02 applied for by the County of Lake for the reasons listed in the staff report dated February 25, 2021 3. I move that the Planning Commission render its final decision on the proposed Ordinance text amendments within ten (10) days of said final decision, in the form of a Resolution of Intention to the Board of Supervisors recommending the formal adoption and approval of these Zoning Ordinance Text Amendments, AM 20-02 as outlined in the staff report dated February 25, 2021.

Memorandum Item #4 9:20 AM March 25, 2021 STAFF REPORT TO: Lake County Planning Commission FROM: Toccarra Nicole Thomas, AICP, CQIA, Deputy Director Community Development Department Scott De Leon, Director Community Development Department DATE: March25, 2021 SUBJECT: Discussion and Consideration for Approval of Text Amendments to Article 27 SEC. 21-27 USES GENERALLY PERMITTED Commercial Cannabis Cultivation with a Resolution of Intention submitted to the Board of Supervisors: Proposed Amendments to Zoning Ordinance (AM 21-01) Categorical Exemption (CE 20-16) ATTACHMENTS: 1. Ordinance Number 3101 2. Resolution Number 2020-184 I. Executive Summary: On December 8, 2020 the Board of Supervisors approved ordinance 3101 updating Article 27 of the Zoning Ordinance to create Farmland Protection Zones. These changes were approved by the Board of Supervisors and went into effect on January 13, 2021. After the adoption of these changes, it was determined that additional changes were needed to further clarify this amendment and the Board of Supervisors approved Resolution Number 2020-184 to initiate additional changes to the Zoning Ordinance. The additional changes are the inclusion of language to refine when and how the ordnance applies to existing cannabis permit applications, language to allow permit applications time to come into compliance with the Ordinance depending on when the applications were deemed complete, the addition of language to protect existing agricultural uses, and screening from Highways. Staff recommends the discussion and consideration of Resolution of Intention Number 2020-184 as well as the addition of the following language: Grandfather, Sunset Clause, the clarification of outdoor screening language. II. Previous Actions Farmland Protection Zone On December 15, 2020, the Board of Supervisors approved amending the Zoning Ordinance Article 27 with language to protect existing farmland via Ordinance 3101 which became effective January 14, 2021. These amendments provided language to protect existing farmland and are listed below: 1. Creation of Farmland Protection Zones to protect the four areas of agricultural land of high importance where it is not possible to cultivate outdoor cannabis within its borders or within 1,000 feet of its borders. 2. Inclusion of language to state that there is to be no outdoor cultivation occurring within the Farmland Protection zones since these areas are connected to a larger network (not isolated). o Outdoor cultivation may not occur within 1,000 feet of these zones o If a proposed cultivation is located within one mile of the Farmland Protection Zone, vegetation screening must be present. Farmland Designation Sent to Planning Commission After the creation of the Farmland Protection Zones via Ordinance 3101, Resolution of Intention 2020-184 was approved by the Board of Supervisors to initiate additional changes to the Zoning Ordinance. 1. These changes in Ordinance 3101 only impact prime farmland, unique farmland, farmland of local importance, and farmland of statewide importance that are outside of the Farmland Protection Zones. o The ordinance should be further amended to include language protecting active agricultural activity on parcels within any of these designations. i. Farmland Designation covers the four farmland types which are outside of the Farmland Protection Zone and additional language should be included: 1. Outdoor cultivation of cannabis shall not be less than 500 feet from a neighboring parcel with Farmland Designation (prime farmland, unique farmland, farmland of local importance, and farmland of statewide importance) from garden to garden if those parcels are actively engaged in agriculture not related to cannabis. a. This does not include any parcels within the Farmland Protection Zone 2. If outdoor cultivation of cannabis is less than one mile from Farmland Designation, vegetation screening is required. a. Vegetation screening shall consist of woody vegetation or trees that grow to no less than 20 feet tall. b. Vegetation screening shall be between Farmland Designation and the permitted cannabis canopy area. c. The species of woody vegetation or trees to be used may be chosen by the permit applicant but should be suited to localized soil and site conditions. Native plant species are encouraged as are plantings which will benefit local fauna. Plantings must be perennial and hardy in the local climate zone as specified in scientific literature or garden catalogs. d. Vegetation screen shall be effective in preventing substantial drift and approved by the Agricultural Commissioner. e. Vegetation screen shall be maintained through the life of the cultivation use permit. 3. Grandfather Language: o Commercial Cannabis Cultivation Permit Applications that were deemed complete but have not received a Use Permit before or on December 15, 2020 would be excluded from the provisions of the Farmland Protection Zones for up to three years. After the three year period the cultivation activities would need to be brought into compliance with the ordinance. 4. Sunset Language: o Applications that were not deemed completed by December 15, 2020 have to update the application project description to meet the ordinance before the permit could continue processing. 5. Outdoor cultivation screening along highways o Outdoor cultivation within 500 feet of State Route 20, 29, 53, and 175 shall be hidden by vegetation as much as possible Staff recommends that the Planning Commission review and approve the language to the Zoning Ordinance Article 27. 6. ENVIRONMENTAL REVIEW Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) projects "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment" are exempt from CEQA. As the activity in question here is merely a text amendment which will not have any effect on the environment, it clearly falls within the common sense exemption. The adoption and implementation of the proposed Zoning Ordinance text amendment, therefore, is exempt from CEQA. 7. RECOMMENDATIONS Staff recommends that the Planning Commission take the following Actions: A. Find that the proposed Text Amendment to the Lake County Zoning Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to � 15061(b)(3) of the CEQA Guidelines with the following findings: 1. The proposed Zoning Ordinance Text Amendments is consistent with the Lake County General Plan and Zoning Ordinance. 2. The proposed Zoning Ordinance Text Amendments will not have a significant effect on the environment. 3. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B. Recommend that the Board of Supervisors approve the proposed Zoning Ordinance Text Amendments for the following reasons. 1. The proposed Zoning Ordinance Text Amendments are consistent with the Lake County General Plan and Zoning Ordinance. 2. The proposed Zoning Ordinance Text Amendments would be consistent with agricultural uses in the described Land Use Zoning Districts above. 3. The proposed Zoning Ordinance Text Amendments will not result in any significant adverse environmental impacts, and the project is exempt from CEQA. SAMPLE MOTIONS: Zoning Ordinance Text Amendment Approval 1. I move that the Planning Commission find this Zoning Ordinance Text Amendment, AM 21-01 is Categorically Exempt (CE 21-01) from the California Environmental Quality Act (CEQA) Guidelines pursuant to 15061(b)(3). 2. I move that the Planning Commission recommend approval of the proposed Zoning Ordinance Text Amendment, AM 21-01 for the reasons listed in the staff report dated March 25, 2021 3. I move that the Planning Commission render its final decision on the proposed Ordinance text amendments within ten (10) days of said final decision, in the form of a Resolution of Intention to the Board of Supervisors recommending the formal adoption and approval of these Zoning Ordinance Text Amendments, AM 21-01 as outlined in the staff report dated March 25, 2021 Reviewed By: ________