Planning Commission — Thursday, December 10, 2020

Memorandum Item 1 9:05 am November 5, 2020 STAFF REPORT TO: Planning Commission FROM: Scott De Leon, Community Development Director DATE: November 5, 2020 SUBJECT: County of Lake, General Plan Conformity; GPC 20-07 Supervisor District I ATTACHMENTS: December 18, 2015, Board Memorandum with attached Resolution I. SUMMARY The County of Lake is proposing to sell property known as "Arabian Lane" in the Hidden Valley Lakes community area to the adjoining property owner. This parcel is approximately 0.7 acres in size and it currently contains an access road to and from the State Highway to the adjoining land, which is currently under development for the project known as Valley Oaks Subdivision[TT1]. The access road from the highway extends approximately four-hundred (400') feet to a cul-de-sac, and the access road is not in the County Maintained Road system. It should be noted that this property was the result of a partial re-conveyance by the State of California, Department of Transportation to the County of Lake in 1969 prior to the construction of the new State Highway. This parcel has no Assessor Parcel Number or address. A map of the area is included in this report below: Figure 1 Subject Surplus Property In May[TT2] 2019, the Board of Supervisors declared the property surplus and directed the sale of the property to the adjoining owner, subject to the conveyance being determined to be in conformance with the General Plan. Today's item is for your Commission's consideration of that conformance. II. GENERAL PLAN CONSISTENCY ANALYSIS The County obtained this parcel of land through a re-conveyance from the State. It serves no public purpose, as the dead-end roadway contained on the property is not County-maintained, and it only provides access to and from the State Highway to the adjoining property owner. The proposal to sell this parcel is consistent with Section 3.9 Economic Development of the Land Use Chapter in the Lake County General Plan. Goal LU-6 of the aforementioned section is: "To maintain a healthy and diverse local economy that meets the present and future employment, shopping, recreational, and service needs of Lake County Residents". The proposed (and permitted) development known as Valley Oaks will provide housing, commerce and employment when completed. As an integral component of this development, the direct highway access that will be provided to Valley Oaks not only provides a safe and efficient means of ingress and egress for patrons and residents, it also provides a secondary access for emergency situations. Additionally, the conveyance of this surplus property supports Goal LU-6 as this parcel will directly support the flow of traffic to and from this shopping, recreational and employment facility. The disposal or sale of public property will not eliminate, delay or unreasonably interfere with the opportunity to develop public sites or structures as identified in the General Plan. This property, and the State Highway access it provides, helps promote this goal and is therefore consistent with the guidelines of Economic Development in the Lake County General Plan. IV. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of their actions. The sale of this surplus is categorically exempt from CEQA because it falls within Categorical Exemption Class 12, Section 15312 - Surplus Government Property Sales, based on the findings set forth in Staff Report dated November 5, 2020. V. RECOMMENDATION Staff recommends the Planning Commission report that this sale conforms to the Lake County General Plan for the following reasons: 1. This project is consistent with Lake County General Plan objectives and policies related to land use and economic development. 2. The Sale of this surplus property is exempt from CEQA as it falls within Categorical Exemption Class 12, Section 15312 - Surplus Government Property Sales Sample Motions: General Plan of Conformity I move that the Planning Commission find that General Plan Conformity GPC 20-07, as proposed by the County of Lake, is in conformity with the Lake County General Plan. Categorical Exemption I move that the Planning Commission find that the Sale of the Surplus Property, herein described as "Arabian Lane", is exempt from CEQA because it falls within Categorical Exemption Class 12, Section 15312 - Surplus Government Property Sales, based on the findings set forth in Staff Report dated November 5, 2020. [TT1]Is this the full name? [TT2]Include date/resolution number for reference

Memorandum Item 2 9:10 am November 12, 2020 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Toccarra Thomas, Deputy Director Mark Roberts, Principal Planner Prepared by: Victor Fernandez, Assistant Planner DATE: October 20, 2020 RE: South Lake Farms (Chris Jennings). * Major Use Permit (UP 19-07) * Initial Study (IS 19-12) * Early Activation (EA 19-58) Supervisor District 1 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 23492 Jerusalem Grade Road (parcel size +181.270.) Middletown, California, APN 013-013-11. The applicant's proposal will include the following: * Eight (8): 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 348,480 square feet. (8 acres) and will be cultivated in above ground pots (known as smart pots) located within 360,550 square feet of cultivation area. * The cultivation area will be conducted within an enclosed area secured by a fence approximately six (6) feet in height. The fence will be screen with a privacy mesh, which will help reduce visibility within the surrounding area. * The proposed outdoor cultivation method is via an above ground organic soil mixture in fabric pots ("smart pots") with drip irrigation systems in full sun. * One (1) - 10,000 square foot. Agricultural Exempt Drying Storage Facility * A 5,000 gallon water tank * Eleven (11) - Employee parking spaces. * The applicant proposes the hours of operation to be Monday through Sunday, 5:00 AM - 7:00 PM. The max employees on site would be approximately 7 employees. * Site construction is expected to take approximately three (3) to four (4) months to complete Water Source and usage * The operation will be using an existing onsite well, that produces approximately 24 gallons Per Minutes (GPM) according to a well report dated April 29, 2019. * The water from the well, will be pumped via underground PVC piping to the 5,000 gallon water storage tank. Once the water has reached the water tank, it will then be * Gravity fed via an underground PVC piping to the cultivation area. Once the water has reached the cultivation area, black poly tubing and emitters (drip irrigation) will be used to distribute the water to each planting station. Water usage: * According to the application package, the applicant proposes to use approximately 949,000 gallons per year. The project site currently has an existing and permitted well that produces approximately 24 gallons per minute. This translates to a full capacity of 15,159,327 gallons per year. The proposed water usage that is required for the cultivation of commercial cannabis, it calculates to approximately 6.2% of water to be used from full capacity. Access * The proposed cannabis cultivation operation is accessible from existing shared access way (goes through multiple parcels) located off of Jerusalem Grade Road, an unpaved County road at this location. Proposed Site Plans and Cultivation Area Staff is recommending approval of Major Use Permit, UP 19-07 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-12) 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 (IS19-12) for Major Use Permit (UP 19-07) with the following findings: 1. 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, and AQ-5. 2. 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. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 and BIO-2. 4. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, GEO-3. 5. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 6. Potential wildfire impacts can be mitigated to less than significant levels with the inclusion of mitigation measures Wildfire-1, Wildfire-2, Wildfire-3, and Wildfire-4. 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 Major Use Permit UP 19-07 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 19-07) applied for by South Lake Farms on property located at 23492 Jerusalem Grade Road, Middletown, and further described as APN: 013-013-11 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated October 20, 2020 Major Use Permit (UP 19-07) I move that the Planning Commission find that the Major Use Permit (UP 19-07) applied for by South Lake Farms on property located at 23492 Jerusalem Grade Road, Middletown, further described as APNs: 013-013-11 does meet the requirements of Section 51.4 and Article 27, Section 1 [i,ii(g),i(ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated October 20, 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 4 9:20 AM December 10, 2020 STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Toccarra Thomas, Deputy Community Development Director Mark Roberts, Principal Planner Prepared by: Sateur Ham, Assistant Planner DATE: November 3, 2020 SUBJECT: Jerusalem Gold; Major Use Permit (UP 19-34), Categorical Exemption (CE 20-37); APNs: 013-017-25, 013-017-26, 013-017-27, & 013-017-28 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Site Plans 3. Property Management Plan 4. Agency/Public Comments 5. Site Visit Photos 6. Proposed Conditions of Approval I. EXECUTIVE SUMMARY The applicant is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation which includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing. The applicant seeks approval of the following licenses: * A - Type 3: "Outdoor": The project proposal consist of an expansion of the existing (12,304 square feet) canopy area to areas (42,080 square feet total) that was previously disturbed for fuel management practices. * Type 13 Self-Transport Distribution License: to transport cannabis goods to entities licensed pursuant to California Code. Bridget King and Jerusalem Gold (a California corporation) is requesting to obtain an A-Type 3 "outdoor" license on an existing legacy cannabis cultivation operation located primarily on parcel described as 013-017-27. The proposed location is at 25432 Jerusalem Grade, Lower Lake, California and consists of four (4) contiguous parcels, under the same ownership, further described as APNs 013-017-25; 013-017-26; 013-017-27; and 013-017-28. The property is currently improved with a pre-fabricated single-family dwelling and is generally vacant except for an existing legacy cannabis cultivation operation under the previous local ordinance (Article 72). The nearest creek is approximately 400 square feet from the cultivation area and all required buffers set forth by the County Zoning Ordinance is in conformance. The site is bounded on all sides by vacant rural land and three of the four adjoining properties are owned by the federal Bureau of Land Management ("BLM"). The site is accessed by a dirt driveway off of Jerusalem Grade. The cannabis cultivation facilities will be developed and continue operating on APN 013-017-27 within a 6-foot fenced enclosure as depicted on the attached site plans (Attachment 2). The existing cannabis operation consists of above-ground smart pots and the proposed expansion will utilize both above ground and previously disturbed holes in ground to limit the amount of disturbances to the ground. The cannabis cultivation facilities will be set back over 1,000 feet from the adjoining property lines. Setbacks from all property lines will be maintained. A 6-foot tall chain-link fence with site obscuring slats will form the cultivation area perimeter enclosure. Access to the cultivation facilities will be provided on a 12 feet wide base gravel/base rock driveway following the alignment of an existing driveway extending northward from the house area. The driveway will run through existing pasture to the existing pump-house for the well and a new parking area. Three parking spaces will be provided just outside the fenced area, including two standard parking spaces and one handicapped accessible parking space. Employees parking outside the perimeter fence will access the cultivation facilities enclosure through the keypad controlled, 12-foot wide chain-link gate or the 6-foot wide pedestrian gate. The project scope will not involve any newly disturbed area and no additional ground disturbances is proposed. The project proposal will include using existing holes for planting and utilizing above ground planter pots for the remaining of the canopy area. The proposed project also include an 80 square foot storage shed for pesticide and fertilizer. Staff recommends conditional approval of UP 19-34. II. RECOMMENDATIONS Staff recommends that the Planning Commission: A. Find that this project has been found to be Categorical Exempt from CEQA as a Class 4 Exemption. 1. The project is consistent with CEQA Categorical Exemption, Class 4 (Minor Alterations to Land), which consists of minor or private alterations in the conditions of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. 2. This project remains consistent with the Lake County General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. 3. The site consists of an existing legacy cannabis cultivation operation under the old county ordinance (Article 72). The project proposal consist of using existing holes for planting in ground and new expansion of cannabis plants in above-ground planter pots located in a previously disturbed area. There has been no change in the project which would create new significant environmental impacts. 4. This project is consistent with land uses in the vicinity. 5. This project will not result in any significant adverse environmental impacts. B. Approve Major Use Permit, UP 19-45 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. This project is consistent with the Lake County General Plan, Middletown Area Plan, and Lake County Zoning Ordinance. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and. 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, Article27, Section 1.ii.(i). Sample Motions: Categorical Exemption I move that the Planning Commission find that the Notice of Exemption prepared for Major Use Permit (UP 19-45) applied for by Bridget King on a property located at 25432 Jerusalem Grade, Lower Lake, CA, further described as APN: 013-017-25; 013-017-26; 013-017-27; 013-017-28 is exempt from CEQA because it falls within Categorical Exemption Class 4 (15304), based on the findings set forth in Staff Report dated November 3, 2020. Major Use Permit (UP 19-39) I move that the Planning Commission find that the Major Use Permit (UP 19-45) prepared for the project proposed by Bridget King on a property located at 25432 Jerusalem Grade, Lower Lake, CA, further described as APN: 013-017-25; 013-017-26; 013-017-27; 013-017-28 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 November 3, 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.