Planning Commission — Thursday, November 12, 2020

Memorandum Item 1 9:05 AM November 12, 2020 STAFF REPORT TO: Planning Commission FROM: Scott De Leon, Community Development Director Toccarra Nicole Thomas, Deputy Community Development Director Mark Roberts, Principal Planner Prepared by Eric Porter, Associate Planner DATE: October 15, 2020 SUBJECT: PMX 20-01, Extension to approved Parcel Map. Originally known as 'Van Eck Estates' (SD 05-13); modified from 16 lots to 4 lots through Minor Modification to Map, MMM 17-01, PM 18-01 and IS 18-01. Supervisorial District 4 ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Original Subdivision Conditions for SD 05-13 4. Modification Conditions 5. Tentative Parcel Map 6. Extension Conditions 7. Initial Study IS 05-70 I. EXECUTIVE SUMMARY On May 28, 2020, the applicant John Van Eck submitted an application for a three (3) year extension of time to an approved Parcel Map, PM 18-01 (formerly Subdivision, SD 05-13) and Minor Modification of Map, MMM 17-01. The applicant is not proposing any changes or modification at this time. Historical Summary On June 27, 2006, the Board of Supervisors approved a Tentative Subdivision Map (SD 05-13) for the division of approximately 7.11 acres to create 16 residential lots, a Rezone (RZ 05-14) from Unclassified to R1 Single Family Residential; a Deviation (DV 06-03) and an Initial Study (IS 05-70). The lots were originally approved to be connected to a public water system, Soda Bay CSA #20, and to individual septic systems on each lot. In 2011, the State imposed a moratorium for any new connections into this water system based on available water quantity and quality; this moratorium remains in effect today. On June 28, 2018, the Planning Commission approved a Minor Modification to Map MMM 17-01, Parcel Map PM 18-01 and Initial Study IS 18-01 which reduced the total number of lots from 16 to 4, and allowed a connection to a private on-site well due to the water moratorium. The parcel map was due to expire on June 28, 2020. On May 28, 2020, the applicant (John Van Eck) submitted an extension request to the Community Development Department for processing. VI. RECOMMENDATION Staff recommends approval of a three (3) year extension for Subdivision, SD 05-13 and for Minor Modification of Map, MMM 17-01. Staff recommends that the Planning Commission make the following recommendations to the Board of Supervisors: A. Find that the previously approved Initial Studies IS 05-70 and IS 18-01 meet the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review need be prepared, with the following findings: 1. There has been no change in the project which would create new significant environmental impacts. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts. 3. No new information of substantial importance to the project has become available. B. Approve a three-year extension of time for MMM 17-01 with the following findings: 1. This project is consistent with the Lake County General Plan, Lake County Zoning Ordinance, Chapter 17 (Subdivisions) of the Lake County Code, and the Kelseyville Area Plan. 2. This time extension request is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act. 3. The parcel map is still compatible with neighboring land uses. 4. There has been no substantial change in circumstances resulting in new significant environmental impacts. Sample Motions: Reconsideration of Previously Approved Mitigated Negative Declaration I move that the Mitigated Negative Declaration, which was previously prepared for Subdivision, SD 05-13 and for Minor Modification of Map, MMU 17-01 does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that an additional environmental review is not necessary with the findings listed in the staff report dated October 15, 2020. Time Extension I move that the Planning Commission recommend that the Board of Supervisors approve an extension of time for Subdivision, SD 05-13 and for Minor Modification of Map, MMM 17-01 for a period of three (3) years, with the findings listed in the staff report dated October 15, 2020. NOTE: The applicant or any interested person is reminded that the subdivision ordinance provides for a fifteen (15) 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 fifteenth calendar day following the Commission's final determination.

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.