Planning Commission — Thursday, May 28, 2020

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Toccarra Thomas, Deputy Community Development Director Mark Roberts, Principal Planner Prepared by: Victor Fernandez, Assistant Planner DATE: April 23, 2020 RE: Magic Meadow Farm's; Major Use Permit (UP 18-50), Initial Study (IS 18-74); Early Activation (18-42) APN: 014-460-05 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Existing and Proposed Site Plans 6. Initial Study IS 18-74 7. Conditions UP 18-50 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": 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. * A - Type 2B: "Small Mixed-Light": Cultivation for adult use cannabis in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or artificial lighting below a rate of 25 watts per square foot between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. The proposed use will occur on 21650 St. Helena Creek Rd, Middletown CA. The proposed use would allow up to 43,560 square feet (outdoor) and 10,000 square feet (mixed-light) of Canopy Area which is defined as the designated area(s) at a licensed premise, except nurseries, that will contain mature plants (in above ground pots) at any point in time, as follows (Lake County Zoning Ordinance - Definitions): 1. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries; 2. Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds, or garden plots; 3. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. The total cannabis canopy area proposed, is 51,240 square feet which would take place within a fenced area approximately 79,400 square feet in size. The proposed outdoor cultivation area is 61,300 square feet with a total canopy area of 43,560 square feet. The total proposed mixed-light cultivation area is 18,100 square feet. Within the mixed-light cultivation there will be four (4) greenhouses, each one being 30'X80' (2,400 square feet) and 16 feet in height constructed of galvanized steel tubes. The canopy area within each greenhouse will be 1,920 square feet for a total mixed-light canopy area of 7,680 square feet. The project is located in Middletown, CA, about a half mile from the intersection of Highway 175 and 29 (The project site was impacted by the 2015 Valley Fire). The property is within the St. Helena Creek Watershed (HUC10). The proposed cultivation will take place in a previously permitted timberland to agriculture conversion through the state. The existing structures on the property include a 1,600 square foot accessory Agricultural Exempt Barn used for animal holding, a 192 square foot office, and a building pad for a proposed dwelling unit in the near future. The proposed cannabis cultivation area and associated facilities are accessed via an existing private gravel road off of St. Helena Creek Drive. According to the Building Division's comments, the project meets the Public Resources Code 4290 Road Standards. The proposed outdoor cultivation method is in-ground with drip irrigation systems in full sun. The proposed mixed-light cultivation method is via an above grade organic soil mixture in natural beds, above-ground, with drip irrigation systems, within greenhouse structures composed of galvanized steel frames. The proposed cultivation areas will be enclosed by a 6-foot tall wire fence. The proposed ancillary facilities include four (4) 2,400 square foot greenhouses, a 320 square foot storage sheds for fertilizers and pesticides, a 112 square foot waste storage shed, a 200 square foot power utility shed, an employee portable restroom, and a 2,850 gallon water storage tank. There is also a concrete building pad, which is proposed for a future dwelling, but is not directly associated with the proposed cultivation operation. According to the applicants Hazardous Material Plan, all pesticides, fertilizers, and hazardous materials including gasoline, diesel, and oil will be stored in the proposed shipping containers as well as the two 70 square foot storage sheds. Pesticides and fertilizers will be held within their manufacturer's original containers, which are within secondary containment structures. The flammable/petroleum products will be in containers within secondary containment that is separated from the pesticides and fertilizers. Isopropyl alcohol, used to sanitize equipment, will be stored on site in a secure cabinet within the processing facility. The storage sheds will be located within the fenced cultivation area in front of the greenhouses. Excess plant matter (plant stems) will be composted on site in a designated area. According to the applicant, it is estimated approximately 380 pounds of vegetative waste will be produced annually. The grading medium (soil) will be reused from the composted areas. The proposed cultivation operation will draw water from an existing well which was permitted on May 22, 2012. The well has three (3) existing 2,500 gallon water storage tanks, and four (4) additional 2,500 storage tanks are proposed. According to the proposed project, the facility will be open Monday through Saturday, 5:00 AM to 8:00 PM, with delivery and pick-ups restricted between 9:00 AM to 6:00 PM. All visitors to the site will be met by an employee of the site and request identification, purpose, time, and date to be logged. The applicant proposes 2 to 4 employees will be working at peak shift. The operation will not impact traffic as outlined in the Property Management Plan. Proposed Site Plans and Cultivation Area Construction Schedule The proposed structures will be constructed once the permit is obtained. Construction is anticipated to last approximately 90 to 100 days. Construction will take place Monday through Friday from 7 a.m. to 5 p.m. According to the application package, the applicant will be utilizing a small skid steer with auger attachments to complete construction. During construction the applicant will be using two (2) trucks. The applicant estimates 5 trips to bring greenhouse materials inside the project area. There will be an expected two (2) trips a day after that to construct the greenhouses. Staff is recommending Approval with Conditions of Use Permit (UP 18-50). II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt mitigated negative declaration (IS 18-74) for Major Use Permit (UP 18-50) 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, AQ-5, AQ-6, and AQ-7. 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, BIO-2, BIO-3, and BIO-4. 4. Potential noise impact can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2, and NOI-3. 5. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. 6. 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. B. Approve Use Permit UP 18-50 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, Kelseyville 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 Initial Study (IS 18-74) applied for by Christopher Kelley on property located at 21650 St. Helena Creek, Middletown, and further described as APN: 014-460-05 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated April 23, 2020. Major Use Permit (UP 18-50) I move that the Planning Commission find that the Major Use Permit (UP 18-50) applied for by Christopher Kelley on property located at 21650 St. Helena Creek, Middletown, further described as APN: 014-460-05 does meet the requirements of Section 51.4 and Article 27, Section 1 [i,ii(g),i(ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated April 23, 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 STAFF REPORT TO: Honorable Members of the Planning Commission FROM: Scott DeLeon, Community Development Interim Director Toccarra Nicole Thomas, AICP, CQIA Community Development Deputy Director Mark Roberts, Community Development Depart Principal Planner Michelle Irace, Community Development Department Senior Planner DATE: May 28, 2020 RE: 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) ATTACHMENTS: 1. Article 27 2. Board of Supervisor Agenda Item Cannabis Revision 5-5-2020 3. Maps of Proposed Changes EXECUTIVE SUMMARY These proposed zoning text amendments to Article 27 for the commercial cultivation of cannabis are being brought to the Planning Commission after initial review by the Board of Supervisors on May 5, 2020 Staff is recommending the general discussion of the following text amendment changes to Article 27 by the Planning Commission's with final recommendations being brought before the Board of Supervisors for Approval. Additionally, final proposed changes will be brought to the Planning Commission for consideration of approval at a later date. These proposed changes are categorically exempt from CEQA analysis per section XXX since this a general discussion, and, each individual permit for the cultivation of cannabis undergoes a rigorous CEQA analysis. Proposed Changes: 1. Reduce lot sizes throughout the license types to serve as an economic development incubation for microbusinesses throughout the County 2. Include language to instruct applicants to obtain all required state licenses or demonstrate proof of enrollment in the State Licensing process prior to obtaining Early Activation of the Use Permit 3. Include language which expressly prohibits Use Permit holders from holding Cannabis and Hemp permits concurrently 4. Include language to increase Administrative fines for violations of conditions of Early Activation/Use Permit 5. Streamline the permit process by developing an exception to the pre-application meeting requirement Previous Actions/Discussion During the May 5, 2020 Board of Supervisors meeting the proposed text amendment changes were brought before the Board of Supervisors for a First Reading and discussion. The Board of Supervisors directed staff to bring the proposed changes to the Planning Commission for review and discussion prior to the Board of Supervisors Second Reading. Additionally, the Board of Supervisors approved adding the following regulatory changes to Article 27 * Type 8 Cannabis Testing Laboratory to Planned Development Commercial District * 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 * 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 ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. The activity in question here is a text amendment which will not have any effect on the environment, and falls within the common sense exemption as this is a general discussion of the proposed text amendment. Furthermore, each individual Use Permit application undergoes a rigorous CEQA analysis for potential environmental implications and are brought before the Planning Commission for discussion and approval. Therefore, staff feels that these proposed text amendments are categorically exempt from CEQA analysis. Recommend the Board of Supervisors determine the project to be categorically exempt from CEQA pursuant to Section 15061(b)(3) the CEQA Guidelines. DISCUSSION OF PROPOSED CHANGES 1. Change the lot sizes for 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. Unlimited Canopy Type 1A - indoor * Maximum 5,000 sq. ft. * 5 Acre Minimum * Unlimited Canopy * 2 Acre Minimum Type 1C - outdoor Maximum 2,500 sq. ft. Unlimited Canopy Type 2A - indoor 20 Acre Minimum 2 Acre Minimum Type 3A - indoor - 20 Acre Minimum 2 acre minimum. * Reducing the lot sizes will allow for additional properties to be candidates for cannabis cultivation, allowing for additional microbusiness/economic development opportunities. * These proposed changes would allow for cannabis operations on approximately 892 additional parcels (2,997.5 acres) throughout the County. Staff believes that all of these potential impacts would be mitigated since all future projects proposed as a result of the ordinance would require discretionary review through the Use Permit process and will be analyzed for potential impacts on a project-by-project basis. o Land Use- Future cannabis projects could occur within the existing zoning districts but will require a Use Permit, in compliance with the Lake County Zoning Ordinance. As shown on the attached map of cultivation sites that would be allowed under the proposed Ordinance Amendment, the available 892 sites for cultivation are located in a variety of locations, both rural and more urban in nature near higher density town areas. The parcels are zoned to allow cannabis with approval of a Minor or Major Use Permit and no General Plan (GP) amendments would be required. Each project will be analyzed for consistency with the General Plan and Area Plans through the Use Permit process. o Water Quality/Utilities- Future cultivation projects have the potential to increase water demand and impact water quality. Most of the identified parcels are currently served by an existing onsite septic and well. Water demand for cultivation varies depending on whether the cultivator employs a water capture/reuse system and the size of the proposed grow. Each Applicant is required to submit a Property Management Plan and Erosion Control Plan that identifies Best Management Practices pertaining to water usage, erosion, and water quality. In accordance to the Lake County Zoning Ordinance all permitted activities shall have a legal water source on the premises, and have all local, state, and federal permits required to utilize the water source. Site specific water usage and impacts to water quality will be analyzed on a project level basis through the Use Permit process. o Cultural/Tribal Cultural Resources- Future cannabis projects could impact historic and cultural resources by removing or altering the exterior appearance of such resources, and by discovering archeological resources during site preparation activities. However, all future projects, including the remodeling of existing buildings and construction of new structures would require a Building Permit, and a Use Permit which would analyze impacts to these resources and require measures to mitigate impacts if necessary. o Aesthetics/Visual- Some of the future indoor cannabis-related projects resulting from the proposed changes to the cannabis ordinance would be in existing buildings and should have no impact with respect to visual quality. However, under the proposed changes new buildings and cultivation sites could be constructed. Visual impacts would vary based on location and siting of the project site and operation. Some of the parcels are located in scenic areas containing Scenic Combining zoning districts, which could result in significant impacts to scenic resources and would need to have additional review during the application process to ensure that there are no negative impacts on the surrounding visual areas. o Air Quality- Future projects could result in the construction of new buildings and grading for cannabis operations. However, all projects would be required to obtain necessary air quality and grading permits from Lake County Air Quality Management District and comply with all local air quality standards. Cannabis plants naturally emit terpenes, a volatile organic compound (VOC), as they grow. Terpenes give cannabis its odor. Applicants are required to submit an Odor Control Plan describing mechanisms in place (i.e., distancing protocols, air filters and air scrubbers, etc.) to reduce odor. o Staff proposes reducing lot sizes throughout the license types to serve as an economic development incubation for microbusinesses throughout the County. 2. Include language to instruct proposed applicants to obtain all required state licenses or demonstrate proof of enrollment in the State Cannabis Licensing process prior to obtaining Use Permit o The current Early Activation process by definition makes plants noncompliant with the State Licensing process; as the process allows for applicants to Early Activate the Use Permit if they obtain all licenses after Early Activation but before Use Permit approval. Any plants planted before obtaining a state license prevents those plants from being entered into the State track and trace program nor can those plants ever be included in the Metrix program. This is a timing issue and changing the language will bring Early Activations into compliance with the State Licensing process. o Staff proposes to change the language in the ordinance to instruct applicants to demonstrate proof of the State License prior to the Early Activation of the Use Permit 3. Due to the Cannabis and Hemp regulations, applicants are not allowed to hold both permits concurrently. This language is necessary to expressly state this in the ordinance. a. Staff proposes including language to prohibit applicants from holding both permits concurrently and providing for penalties for applicants found to be in violation 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. a. Currently the penalty for violation is $1,000 for the entire illegal operation regardless of the amount of plants, whether someone has six (6) plants, or 600. Increasing the fine to a "per plant, and per day" basis will provide a significant deterrent to illegal grow operations. b. Staff proposes increasing the administrative fine for violating the permit 5. Streamline the permit process. Currently the process to apply for a cannabis cultivation permit mandates that an applicant must undergo a pre-application meeting with staff for each individual application/project. The purpose of the pre-application meeting is to review the proposed project, land use compatibility, and to outline all required documents to ensure that an application will be successful when it is submitted for staff review. Staff has found that there tends to be several applicants who have successfully undergone the application process and have submitted several different applications for projects, and as a result have become well versed in the process. a. Staff proposes an exception to streamline the permitting process by removing the pre-application meeting requirement if all of the following has occurred i. The applicant has successfully obtained a minimum of four Cannabis Cultivation Use Permits ii. The applicant submits a fully complete application including all required documents iii. The pre-application fee is rolled into the application fee fees are subject to change based on Use Permit Type. iv. The applicant signs a document stating that they understand that submitting an incomplete application without undergoing the Pre-application meeting 1. will significantly delay review and processing of the application 2. they will pay an increased fee for additional review 3. they will have to schedule their pre-application meeting based on staff availability 4. The applicant will provide documentation of CEQA compliance SUGGESTED MOTIONS This is a discussion item only and no formal action is required from the Planning Commission at this time. Upon completion of this meeting, the Community Development Department staff will perform a full analysis of Article 27 of the Lake County Zoning Ordinance and bring back the full proposed Zoning Amendment Text for Planning Commission Review and Approval

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott Deleon, Interim Community Development Director Sateur Ham, Assistant Planner I DATE: May 28, 2020 SUBJECT: 9:05 a.m. Public Hearing on consideration of a General Plan of Conformity Report (GPC 20-01). The project applicant is the LAKE COUNTY PUBLIC SERVICES proposing the expansion of the existing Eastlake Sanitary Landfill in order to meet the demands of the county and to be able to effectively operate the landfill. The proposed expansion would laterally expand the existing landfill to the "north" and "east" onto properties owned by the County of Lake. The project is located at 16520; 16525; 16501; 16655, 16811 Davis Street, Clearlake, CA. 4525 Parker Street, and 17340 Dam Road, Clearlake, CA and further described as County Parcel Number(s): 010-053-11; 010-053-12; 010-053-13; 010-008-03; 010-008-35; 010-008-39; 010-008-41 City of Clearlake Jurisdiction: 010-053-14; 041-224-40; 041-234-07 and 041-244-18. Environmental Evaluation: (Sateur Ham) SUPERVISOR: District Two (2) ATTACHMENTS: 1. Vicinity Map 2. Existing & Proposed Site Plans 3. Initial Study 4. Agency Comments 5. Response to Agency Comments 6. Mitigation and Monitoring Plan I. EXECUTIVE SUMMARY The Lake County Public Services Department is requesting approval of a General Plan of Conformity to allow the expansion of the existing Eastlake Sanitary Landfill to meet the demands of the County and to effectively operate the landfill. The proposed expansion would laterally expand the existing landfill to the "north" and "east" onto properties owned by the County of Lake and occupy approximately 21.8 acres foot print and the expansion (an addition) would be approximately 36.2 acres in size. The proposed expansion of the landfill has will extend the landfill lifespan by approximately 22 years or greater based on current and projected disposal rates. In addition to the expansion, there will be a number of improvements and ancillary facilities at the Eastlake Sanitary Landfill, this will include the follow: * Paved two-lane access road from the landfill entrance to the scale house and bag dump areas * Perimeter drainage control facilities * Dedicated borrow source area for daily soil cover * Scale house and scale facilities * Restroom building * Bag dump facility * Recycling and buy back center * Operations and equipment shop * 2,500 gallon potable water tank * Leachate, unsaturated zone, groundwater and perimeter landfill gas (LFG) monitoring points * LFG collection and control system (GCCS), with gas blower and flare station located at the north end of the site Construction of an all-weather access road and storm water detention basin would also be required. II. RECOMMENDATIONS Staff recommends that the Planning Commission take the following actions: Staff recommends the Planning Commission find that the expansion and improvements are in conformance with the Lake County General Plan. A. Adopt Mitigated Negative Declaration IS 20-53 for GPC 20-01 with the following findings: 1. Potential environmental impacts related to the project have been mitigated to insignificant levels by CEQA mitigation measures specified in the environmental analysis (Initial Study, IS 20-53) 2. The project has potential to result in adverse impacts to wildlife and, therefore, is subject to the California Department of Fish and Wildlife filing fee. 3. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan and the Lake County Zoning Ordinance. 4. As mitigated, this project will not result in any significant adverse environmental impacts. B. Report that the Eastlake Sanitary Landfill Expansion Project is in conformity with the Lake County General Plan based on the following findings 1. The project is compatible with surrounding land uses. 2. The project is consistent with the Lake County General Plan goals and policies related to Public Facilities and Services. 3. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan and the Lake County Zoning Ordinance 4. An initial study has been performed pursuant to CEQA requirements and this project will not result in any significant adverse environmental impacts with the incorporated mitigation measures and conditions of approval. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study IS 20-53 prepared by the SCS Engineers (Environmental Consultant)and SHN Consulting Engineers & Geologist and the mitigation measures which have been incorporated into the project, that the Eastlake Sanitary Landfill Expansion Project, as applied for by the Lake County Department of Public Services, 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 May 7, 2020. General Plan Conformity I move that the Planning Commission find that the General Plan Conformity, GPC 20-01 for the Eastlake Sanitary Landfill Expansion Project applied by the Lake County Public Services on property located on 16520; 16525; 16501; 16655, 168111 Davis Street, Clearlake, CA; 4525 Parker Street, and 17340 Dam Road, Clearlake, CA, further describe as assessor parcel number 010-053-11; 010-053-12; 010-053-13; 010-008-03; 010-008-35; 010-008-39; 010-008-41is in conformity with the Lake County General Plan with the findings listed in the Staff Report dated May 7, 2020. Reviewed by: TT/MR/HAM