Planning Commission — Thursday, February 25, 2021

Item 1 9:05 AM February 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: February 25, 2021 RE: Incline Power; Major Use Permit (UP 20-18), and Initial Study (IS 20-21) 16355 S. Highway 20, Clearlake Oaks, and further described as APN: 010-055-31 Supervisor District 2: Bruno Sabatier Planning Commissioner: Everardo Chavez ATTACHMENTS: 1. Vicinity Map 2. Vacant 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plan, Telemetric Photos, Details 6. Initial Study IS 20-21 7. Letters of Support - Emergency Service Providers 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 generator and associated electrical equipment needed for the cell tower to function. The tower is regarded as a large tower at 150 feet in height. This project is for a new single lattice tower that will be capable of allowing co-located facilities on it. This application includes: * 150' multi-function lattice tower * One 80' by 80' multi-carrier compound (fenced enclosure) * Four (4) 10' by 4' generator slabs * Four (4) 15' by 20' carrier lease areas * One (1) transformer on concrete pad * One (1) 5' by 3' Telco vault * One (1) 20' wide access gate with signage * One (1) 6' tall fence around the 80' by 80' concrete pad / compound * One (1) utility 'H-Frame' * One (1) 80' wide utility and access easement * Twelve (12) carrier antennas The cell tower site is on a portion of the site that is relatively flat. There are high voltage lines located on the subject site. The tower site area is developed with a PG&E electrical tower and overhead lines, an access road, and ancillary equipment. The tower site is served by an existing 20' wide access driveway that connects the site with E. Highway 20. The interior access aisle will be graveled, and will also be used as a utility easement to supply power to the tower. Access to the facility will be from an existing access road from Highway 20 which crosses an adjoining parcel owned by the same party that owns the tower parcel. The access road will be extended approximately 900 feet to the tower compound adjacent to an existing PG&E easement and access road. A ten foot wide minimum turnout will be added approximately halfway down the access road to comply with Cal Fire requirements. The applicant proposes to improve the existing access road/easement on the subject site beginning at the end of the paved driveway and leading up the rise to the cell tower site. A portion of the existing roadway would be moved approximately 10'-15' east of its current location. The relocation of the roadway in these certain areas would improve 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. 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. It is also likely that a fire camera will be installed to enhance fire safety in the area. This facility will greatly enhance wireless phone and data coverage at the junction of Highways 20 and 53 in Clearlake Oaks, and heading east on Highway 20 where currently there is little to no coverage on this highway and residences in the area. The site is intended to connect wireless coverage with the new cell tower site in the Spring Valley area. Construction Construction of the 150' tall cell tower is anticipated to take between one and two months. Staging of equipment will occur on the existing interior driveway on previously disturbed soil that has a layer of gravel applied to the surface of the driveway. The access road will be extended approximately 900 feet to serve the proposed tower, 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 will be less than 500 cubic yards of earth being moved to prepare the 80' x 80' tower pad and the 900 foot service road extension. The estimated amount of earth to be moved is below the threshold for a grading permit. The tower compound will be enclosed by a six-foot tall fence, and one parking space will be designated inside the fenced enclosure area. Construction will occur Monday through Friday, from 8 am to 5 pm. Brush (approximately 6,400 sf) will be removed for site preparation and road improvements by cutting parallel to and within one inch of the ground. Brush on average is less than 1/2 inch diameter at breast height. Removed brush shall be gathered on site and burned during the appropriate burn season per County and Fire regulations. All brush shall be removed (i) within the eighty foot (80') wide, 900 foot long service road extension commencing where the new access turns north out of the PGE right of way and (ii) within the 80 by 80 foot compound (plus an additional twenty feet (20') outward from the compound in each direction for construction staging. The fenced enclosure will incorporate hay wattles 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 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 up to four individual carriers through co-location. One parking space inside the fenced 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 20-18. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 20-21) for Use Permit (UP 20-18) 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 and AQ-4. 2. Potential environmental impacts related to Cultural resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 3. 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. 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 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 20-18 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. C. 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 20-21) applied for by Incline Power, LLC on property located at 16355 S. Highway 20, Clearlake Oaks, and further described as APN: 010-055-31 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 February 25, 2021. Major Use Permit (UP 20-18) I move that the Planning Commission find that the Use Permit (UP 20-18) applied for by Incline Power, LLC on property located at 16355 S. Highway 20, Clearlake Oaks, and further described as APN: 010-055-31 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 February 25, 2021. Wireless Communication Facility Approval I move that the Planning Commission find that the wireless communication facility applied for by Incline Power, LLC on property located at 16355 S. Highway 20, Clearlake Oaks, and further described as APN: 010-055-31 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 February 25, 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 February 25, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Victor Fernandez, Assistant Planner DATE: January 14, 2021 RE: LC2400 * Major Use Permit (UP 20-27) * Initial Study (IS 20-32) * Early Activation (EA 20-31) Supervisor District 3 - Supervisor Crandell Planning Commissioner - Commissioner Brown ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Proposed Site Plans 6. Initial Study 7. Biological Assessment I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) located at 2400 Clover Valley Road, Upper Lake, California, further described as Assessor Parcel Number (APN): 004-007-12. The applicant proposes the Collocation of Permits and Clustering which in reference to Article 27 of the Lake County Zoning Ordinance, multiple cultivation permits may be allowed on a single parcel provided that each permit meets the minimum acreage requirement and all other development standards. The applicant proposes to cluster 2405 and 2215 Clover Valley Road, Upper Lake, California further described as APNs: 004-007-13 and 004-007-23, which will only be used for the acreage and no cultivation will occur on these parcels. All cultivation activities will only occur on parcel 004-007-12. The applicant's proposal will include the following: * Five (5): 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. o The total proposed cultivation canopy is approximately 217,800 square feet located within 252,960 square feet of cultivation area. * One (1) Type 13: "Distributor Transport Only, Self-Distribution" License * One (1) 2,480 square foot Agricultural Steel Building for harvesting and processing. * One (1) 288 square foot enclosed Waste and Composting Shed. Existing ancillary facilities include: * One (1) 300 square foot break area. * One (1) 36 square foot pump house. * One (1) 96 square foot hazardous material storage shed. * One (1) 1,800 square foot building to be used for drying and curing. * One (1) 1,440 square foot greenhouse for immature plants. The cultivation area will be conducted within an enclosed area secured by a fence approximately seven (7) feet in height. The fence will be screened with a privacy mesh, which will help reduce visibility within the surrounding area. The proposed outdoor cultivation method is above ground in planters with drip irrigation systems pressurized by electric pumps from the well source. Security The cultivation site will be enclosed by a 7' wooden slate fence. The cultivation site will be equipped with a surveillance system that will continuously monitor the site 24 hours per day at a minimum of 30 frames per second. According to the Property Management Plan, all exterior cameras will be water proof and all cameras will include motion sensors that activates the camera when motion is detected. Access to the facility will only be gained through a security gate with a coded entry. Visitors and deliveries will gain access through arrangement and will be given a temporary code which will expire after they have completed their visit. after xxx amount of time. Water Source and Usage The cultivation operation will use water from an existing, agricultural groundwater well. According to the application package, the existing well produces approximately 120 gallons per minute which would translate to approximately 75,796,637 gallons per year. The total proposed water usage on an annual basis is approximately 3,677,400 gallons which includes water usage for the cultivation operation and domestic use. The proposed project would utilize approximately 4.8% of the well's full capacity. The water use calculations submitted by the applicant are below: Fertilizer and Chemical Usage All fertilizer and pest management products will be stored in the hazardous material storage shed. According to the application, personal protective equipment will be used when handling fertilizers and other chemicals, such as safety glasses, gloves, dust masks, etc. The chemicals used for the operation will be contained and sealed to prevent spillage. Additionally, the applicant proposes all cannabis vegetative waste to be placed in the cannabis waste storage shed for composting or transportation to an offsite disposal area by a licensed waste handler. Operation The facility will be open Monday through Saturday, 9:00 AM to 5:00 PM. Deliveries and pick-ups will occur during this time-frame. According to the application, visitation will only be allowed when specific permission is granted. Farmland of Local Importance The cultivation site is located in Clover Valley and within Farmland of Local Importance. The cultivation of commercial cannabis will be outdoor in above-ground pots. The cultivation site is located in Clover Valley and is designated as Farmland of Local Importance. In accordance with Article 27 of the Lake County Zoning Ordinance, within areas designated as prime farmland, farmland of statewide importance, unique farmland, and farmland of local importance as depicted on the current Lake County Important Farmland prepared by the State California Department of Conservation Farmland Mapping and Monitoring Program, commercial cannabis cultivation shall be limited to indoor, mixed-light, and greenhouses that are equipped with filtration systems that prevents the movement of odors, pesticides, and other air borne contaminates out of or into the structure. The permitting authority may allow outdoor cultivation outside a greenhouse if the prime farmland, farmland of statewide importance, unique farmland, and farmland of local importance are isolated areas that are not connected to a large system of such lands. The proposed project is located at the end of Clover Valley and is isolated from the larger system (Please see image below). Additionally, there are permits within the valley that are actively cultivating commercial cannabis and/or are in the permitting process. The project property is not located within a Farmland Protection Zone [that has been established as part of an Amendment to Article 27 under Ordinance 3101, dated 12/15/2020]. However the project property has existing vegetation along the front property line and western property line. Additionally, the applicant proposes to install additional vegetation that would serve as a visual and drift screen. A condition of approval has been added (Attachment 4: Section C, Item 11), that requires the applicant to submit a vegetation screening plan prior to operation. Additionally, the project was routed to the Lake County Department of Agriculture and comments were not received for this project. Staff is recommending approval of Major Use Permit, UP 20-27 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-32) with the incorporated Mitigation Measures and Conditions of Approval. II. RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 20-32) for Major Use Permit (UP 20-27) 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 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 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, and BIO-5. 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. 6. Potential hazards hazardous materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1, HAZ-2, and HAZ-3. 7. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, HYD-2, and HYD-3. 8. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Upper Lake/Nice 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 20-27 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, Upper Lake/Nice Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-27) applied for by LC2400 on property located at 2400, 2405, and 2215 Clover Valley Road, Upper Lake, further described as APNs: 004-007-12, 007-004-13, and 004-007-23 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 January 14, 2020. Major Use Permit (UP 20-27) I move that the Planning Commission find that the Major Use Permit (UP 20-27) applied for by LC2400 on property located at 2400, 2405, and 2215 Clover Valley Road, Upper Lake, further described as APNs: 004-007-12, 007-004-13, and 004-007-23 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 January 14, 2020. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Memorandum Item # 3 9:15 AM February 25, 2021 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Community Development Director Toccarra Thomas, Deputy Director Prepared by: Sateur Ham, Assistant Planner DATE: February 25, 2021 RE: Ancient Lakes Farms, LLC * Major Use Permit (UP 20-09) * Initial Study (IS 20-08) * Early Activation (EA 20-09) Supervisor District Moke Simon Planning Commissioner John Hess ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Proposed Site Plans 6. Initial Study I. EXECUTIVE SUMMARY Ancient Lake 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) located at 23095 Jerusalem Grade Road, Middletown, California, further described as Assessor Parcel Number (APN): 013-015-44, 013-015-46, 013-015-47, and 013-015-48, also known as "Lot K" after the approval of a voluntary merger to meet the minimum qualifying acres to operate a commercial cannabis operation. The applicant's proposal will include one (1) A-Type 3 "Outdoor" License, outdoor cultivation for adult-use cannabis without the use of light deprivation and/or artificial lighting in the canopy area of one acre in size, within a 49,160 square feet cultivation area and include the following: * One (1) Type 13: "Distributor Transport Only, Self-Distribution" License * One (1) 5,000 square feet structure for harvesting and processing * Three (3) 200 square feet storage shed * Four (4) 2,500 gallons water tanks The cultivation area will be conducted within an enclosed area secured by a chain-link fence approximately six (6) feet in height. The fence will be screened with a privacy mesh, which will help reduce visibility within the surrounding area. According to the Project Management Plan (Attachment 2), the existing well produces approximately 100 gallons per minute and will utilize the proposed water tanks for storage during the dry season. Located near the northern parcel boundary, the well will be pumped above ground to the water storage tanks directly next to the cultivation area. From the well to the storage tanks ALF will utilize aboveground water lines, which are a combination of PVC piping and black poly tubing. The total proposed water usage on an annual basis is approximately 746,740 gallons which includes water usage for the cultivation operation. The proposed outdoor cultivation method is in planting beds with drip irrigation systems served by an existing permitted well. 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, such as safety glasses, gloves, dust masks, etc. The chemicals used for the operation will be contained and sealed to prevent spillage. 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. Staff is recommending approval of Major Use Permit, UP 20-09, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 20-08) 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 20-08) for Major Use Permit (UP 20-09) with the following findings found in Attachment 6: 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 air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through 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 through BIO-3. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-3. 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. Potential traffic impacts can be mitigated to less than significant levels with the inclusion of mitigation measures TRANS-1 through TRANS-2. 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 20-09 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 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, Middletown Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23, or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-09) applied for by Robert Nothnagle and Kimberly Kent on property located at 23095 Jerusalem Grade Road, Middletown, CA, further described as APNs: 013-015-44, 013-015-46, 013-015-47, and 013-015-48 also known as "Lot K" 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 January 14, 2020. Major Use Permit (UP 20-09) I move that the Planning Commission find that the Major Use Permit (UP 20-09) applied for by Robert Nothnagle and Kimberly Kent on property located at 23095 Jerusalem Grade Road, Middletown, CA, further described as APNs: 013-015-44, 013-015-46, 013-015-47, and 013-015-48 also known as "Lot K" 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 January 14, 2020. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

Item # 4 9:20 AM 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 #5 9:25 AM 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: Discussion and Consideration for Approval of Text Amendments to Article 27SEC. 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 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 21-01 as outlined in the staff report dated February 25, 2021 Reviewed By: ________