Planning Commission — Thursday, March 12, 2020

Memorandum TO: Planning Commission FROM: Scott DeLeon - Interim Community Development Director Mark Roberts - Principal Planner DATE: March 4, 2020 SUBJECT: Guenoc Valley Mixed Use Planned Development Project Draft EIR Supervisor District 1 ATTACHMENTS: None I. EXECUTIVE SUMMARY Lotusland Investment Holdings, Inc. has applied for approvals to develop the Guenoc Valley Mixed Use Planned Development Project. The County determined that an EIR was required, and has had a Draft EIR prepared for the project. As required by CEQA Guidelines Sections 15105 and 15087, the County has released the Draft EIR for review by the public and agencies for a 45-day public comment period, beginning February 21, 2020 and ending April 7, 2020. The Proposed Project includes a General Plan amendment to designate the Guenoc Valley Site as Resort Commercial and rezone it to Guenoc Valley District (GVD), pursuant to the Middletown Area Plan Policy 6.3.1b. These amendments, if approved, would allow for the development of up to 400 hotel rooms, 450 resort residential units, 1,400 residential estates, and 500 workforce co-housing units within the zoning district. The Draft EIR analyzes the effects of the proposed General Plan amendment and rezoning of the Guenoc Valley Site to GVD on a programmatic level. In addition to the program level analysis, the Draft EIR provides a project level analysis of the impacts of the first phase (Phase 1) of the Proposed Project. Phase 1 proposes a phased subdivision and related entitlements to allow at full buildout up to 401 residential estates, 141 resort residential units, and 177 hotel units and accessory resort and commercial uses within the Guenoc Valley Site. In addition, Phase 1 includes a subdivision and rezone of the Middletown Housing Site to accommodate workforce housing, including 21 single family residences with optional accessory dwelling units, 29 duplex units in 15 structures, and a community clubhouse and associated infrastructure. Off-site infrastructure improvements under the Proposed Project include a proposed water supply well on the Off-site Well Site and pipeline located adjacent to and within Butts Canyon Road, along with intersection and electrical improvements. The Draft EIR identified a range of impacts of the project, including less than significant impacts, significant impacts, and those significant impacts that cannot be reduced to a less than significant level and are therefore significant unavoidable impacts. Mitigation measures for significant impacts are also identified in the Draft EIR. Alternatives to the proposed project are evaluated in the Draft EIR as required by CEQA Guidelines Section 15126.6. The public is invited to comment on the Draft EIR. Comments on the Draft EIR will be responded to in writing in the Final EIR. No responses to comments are required at this public comment meeting. Please Note: The Draft Environmental Impact Report (EIR) and supporting documents for the proposed Guenoc Valley Mixed Use-Planned Development Project are available for review at the link below: * http://www.lakecountyca.gov/Government/Directory/Community_Development/Planning/GuenocValley.htm II. PROJECT BACKGROUND EIR Scoping In accordance with CEQA Guidelines Section 15082, a Notice of Preparation (NOP) was circulated to the public, local, state and federal agencies, and other known interested parties for a 30-day public and agency review period on April 23, 2019. The purpose of the NOP was to provide notification that an EIR for the Proposed Project was being prepared and to solicit public input on the scope and content of the document. Pursuant to CEQA Guidelines Section 15082, the Lead Agency held two scoping meetings for the EIR on May 15, 2019, one in the morning at the County of Lake Board of Supervisors Chambers, and the other in the evening at the Middletown Library. Agencies and members of the public were invited to attend and provide input on the scope of the EIR. Comments from agencies and the public provided at the scoping meetings and in written comments submitted in response to the NOP are included in an Appendix to the Draft EIR. Issues raised during the scoping process are summarized in Section 1.5 of the Draft EIR. Scope of DRAFT EIR In accordance with CEQA Guidelines Section 15063, an IS, in conjunction with comments received during scoping, was used to focus the EIR on effects determined to be potentially significant. The following environmental resources were determined to have the potential to be significantly affected by the Proposed Project and have therefore been addressed in detail in the Draft EIR: * Aesthetics * Agriculture and Forestry * Air Quality * Biological Resources * Cultural Resources * Energy * Geology and Soils * Greenhouse Gases and Climate Change * Hazards and Hazardous Materials * Hydrology and Water Quality * Land Use / Planning * Noise and Vibration * Population / Housing * Public Services * Recreation * Transportation and Circulation * Utilities / Service Systems * Wildfire Potential impacts associated with Mineral Resources were identified through the IS as not significant and less than significant and therefore are not addressed in the Draft EIR. III. FINDINGS OF THE DRAFT EIR The Draft EIR identified a range of impacts of the project, including less than significant, significant, and significant and unavoidable impacts. Mitigation measures for impacts are also identified in the Draft EIR. The findings of the Draft EIR are summarized in the Executive Summary of the Draft EIR. IV. TIPS FOR THE PUBLIC IN MAKING EFFECTIVE COMMENTS ON THE DRAFT EIR The public should be aware that the CEQA process encourages public involvement. Comments on a project can be submitted verbally or in writing. Written comments can be submitted during the DEIR review period, as discussed below. Written comments are often the most effective method of commenting. They accurately describe the commenter's concerns and can be accompanied by specific references. Whereas the opportunity for verbal comments may be limited to a few minutes at a public hearing, a written comment can be more extensive. The Final EIR will include written responses to all of the comments received during the DEIR's public review period. Written comments can also be submitted after the end of the DEIR review period, but they may not be responded to in writing. Although a written response isn't required, the County Planning Commission and Board of Supervisors are required to consider any late comments prior to acting on the project. The Draft EIR differs from the proposed project in that the Draft EIR analyzes the potential impacts of those proposals. * The EIR is an informational document. * It does not approve the project. Comments or opinions about the content of the project should be clearly distinguished from comments on the adequacy of the Draft EIR, and the Public Comment Meeting is not the appropriate venue for these comments. In commenting on the Draft EIR, commenters should address whether it adequately identifies and analyzes significant environmental impacts and how they may be avoided or reduced. Comments are most helpful when they specifically address impact conclusions, alternatives, or mitigation measures, or the methods of analysis used by the lead agency (the County) to evaluate these issues. Commenters should explain the basis for their comments and include supporting evidence such as data, expert opinion, or other facts. This includes providing the County with copies of any references used as the basis for the comments. If the reference is available on a website, commenters should provide the County with the specific web address where the reference can be accessed. Commenters are free to express their opinions about the project, but these are not necessarily helpful to the County in preparing an adequate EIR. Effective CEQA-related comments focus on the EIR and its adequacy as an informational document. Commenters should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible. CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended by commenters. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. V. PURPOSE OF THE PUBLIC COMMENT MEETING The purpose of the Public Comment Meeting is to collect input from the public and agencies on the EIR. To assist in accomplishing this purpose, the project applicants will make a presentation about the proposed project, and the County's environmental consultants will explain EIR process and present key findings from the EIR. No responses to comments will be provided at the Public Comment Meeting, as responses to comments made at the Public Comment Meeting will be provided in writing in the Final EIR as required by CEQA Guidelines Section 15088.

Memorandum TO: Planning Commission FROM: Scott De Leon, Community Development Director Victoria Kim, Assistant Planner DATE: January 27, 2020 SUBJECT: Middletown Trailside Park Improvements, IS19-36, GPC19-03 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Initial Study IS19-36 4. Proposed Mitigation and Monitoring Plan I. EXECUTIVE SUMMARY The Lake County Public Services Department proposes improvements to 107-acre Middletown Trailside Park, primarily for passive recreation opportunities including restoration to wetlands, meadows, and other habitat after the devastation from the 2015 Valley Fire. Staff recommends approval of the Mitigated Negative Declaration and General Plan Conformity Report. RECOMMENDED ACTION Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study IS19-36 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Middletown Trailside Park improvements, 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 January 27, 2020. General Plan Conformity I move that the Planning Commission find that General Plan Conformity GPC19-03 applied for by the Lake County Department of Public Services for Middletown Trailside Park improvements in Middletown is in conformity with the Lake County General Plan with the findings listed in the staff report dated January 27, 2020.

Memorandum TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Prepared by: Eric Porter, Associate Planner DATE: February 17, 2019 RE: Fiore Dulce; Minor Use Permit (MUP 18-14) for Commercial Cannabis Cultivation, Initial Study (IS 18-18). APN: 013-013-49 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan (available upon request) 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plans (a,b & c) 6. Initial Study IS 18-18 I. EXECUTIVE SUMMARY The applicant is seeking approval for one (1) A-Type 2 (small outdoor) adult-use cultivation with a total proposed cultivation area of 10,000 square feet (s.f.) and a Type 13 'Self Distribution' license. A second (larger) area will be applied for through a separate minor use permit after the conclusion of this process. The applicant is requesting a temporary 'porta-potty' during the first year of this use permit, and will provide a permanent ADA compliant restroom and hand-wash station in conjunction with the second use permit's review and approval. The applicant has stated that this use permit has a projected 'planting date' of March 20, 2020. The +142 acre subject site is located at 21715 Jerusalem Grade Road, Middletown, and is known as APN 013-013-49. The subject site contains a previously approved 100' by 100' medicinal cannabis cultivation area and a 12' x 24' shed. There is a Class III stream, 'Dry Creek', located about 180 feet from the edge of the cultivation area. The shed is located 100' from Dry Creek. The estimated water usage is 65,000 gallons per year according to the applicant. Note: this projected amount of proposed water usage is lower than other comparably sized outdoor cannabis cultivation licenses. Water will be stored in two 5,000 gallon water tanks that are already present on site. The cultivation site would be served by an existing well on the property. A copy of the well permit was submitted with the application material provided. There is a year-round creek on the property that has a 'top of bank' located more than 100' from the proposed cultivation sites. Staff is recommending Approval with Conditions of MUP 18-14. Recommended Action: Sample Motions: Mitigated Negative Declaration (IS 18-18) I move that the Planning Commission find that that the Initial Study (IS 18-18) applied for by Fiore Dulce C/O Robert Lipari on a property located at 21715 Jerusalem Grade Road, Middletown, further described as APN: 013-013-49 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 17, 2019. Minor Use Permit (MUP 18-14) I move that the Planning Commission find that the Minor Use Permit (MUP 18-14) applied for by Fiore Dulce C/O Robert Lipari on a property located at 21715 Jerusalem Grade Road, Middletown, further described as APN: 013-013-49 does meet the requirements of Article 50.4 and 27(at) of the Lake County Zoning Ordinance and the Minor Use Permit be granted subject to the conditions and with the findings listed in the staff report dated February 17, 2019. 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 DATE: March 2, 2020 RE: HENNP Inc.; Major Use Permit (UP 19-06), Grading Permit (BLD 19-01695) and Initial Study (IS 19-11) Supervisor Districts 1 and 5 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan (available upon request) 3. Agency Comments 4. Proposed Conditions of Approval 5. Existing and Proposed Site and Grading Plans 6. Initial Study IS 19-11 7. Tree Removal Study I. EXECUTIVE SUMMARY The applicant is requesting a major use permit for (1) A-Type 3 (medium outdoor) cultivation area consisting of 54,560 square feet (s.f.) of cultivation area, a 6,000 s.f. greenhouse for 'starts' (immature plants), and a 5,000 s.f. drying building on APN: 012-004-03, location is 13200 Seigler Canyon Road, Lower Lake. Of this cultivation area, the applicant is proposing 43,560 s.f. of canopy area. The applicant has also applied for a Grading Permit in order to assure that the relocated interior accessway complies with Public Resource Code (PRC) 4290 and 4291 regarding road slope, width and other PRC requirements. The property was burned in the 2015 Valley Fire and has no buildings. Lastly, the applicant is applying for a Type 13 Self Distribution license. The proposed Propagation and Seed Production Facility will be composed of a 6,000 s.f. (50' X 120') greenhouse structure, with steel frames and polycarbonate glaze/coverings. The proposed Processing Facility, in which harvested cannabis will be processed, packaged, and stored, will be composed of a 5,000 s.f. (50' X 100') insulated metal building. Proposed ancillary facilities include ten 5,000-gallon plastic water storage tanks (irrigation and fire suppression water storage), a ground mounted 32-panel solar array and battery bank (primary energy source for the proposed cultivation operation), a 120 s.f. wooden materials storage shed (secure Pesticides and Agricultural Chemicals Storage Area/Facility), and an 80 s.f. wooden guard shack. The applicant also seeks Self Distribution of cannabis to and from the site; this is permitted in Lake County to a licensee that is approved for a use permit upon request by the licensee The California Department of Food and Agriculture (CalCannabis) plays a significant role in regulating cannabis cultivation activities once the local land use approval is issued. The Lake County Community Development Department regulates among other things odor control, and a standard condition of approval requires an Odor Control Plan for each cultivation site. Some oak trees will be removed by this action; the applicant has provided a Tree Removal Plan that is included within this staff report and its attachments. The site is already partially cleared from prior Medicinal Marijuana cultivation that was approved in 2017 under former Article 72 of the Lake County Zoning Ordinance. Staff is recommending Approval with Conditions of UP 19-06 and Grading Permit 19-01695. Recommended Action: Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 19-11) applied for by HENNP Inc. on property located at 13200 Seigler Canyon Road, Lower Lake, and further described as APN: 012-004-03 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 March 2, 2020. Major Use Permit (UP 19-06) I move that the Planning Commission find that the Use Permit (UP 19-06) applied for by HENNP Inc. on property located at 13200 Seigler Canyon Road, Lower Lake, and further described as APN: 012-004-03 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 March 2, 2020. Grading Permit (BLD 19-01695) I move that the Planning Commission find that the Grading Permit (BLD 19-01695) applied for by HENNP Inc. on property located at 13200 Seigler Canyon Road, Lower Lake, and further described as APN: 012-004-03 does meet the requirements of Section 30.28.3 of the Lake County Code and the Grading Permit be granted subject to the conditions and with the findings listed in the staff report dated March 2, 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.