Planning Commission — Thursday, February 27, 2020

Memorandum STAFF REPORT TO: Planning Commission FROM: Scott DeLeon, Interim Community Development Director Mark Roberts, Principal Planner Prepared by: Victor Fernandez, Assistant Planner DATE: February 12, 2020 RE: Nick Needham; Minor Use Permit (MUP 19-11), Categorical Exemption [(CE 19-95) formerly identified as Initial Study (IS 19-13)], Early Activation (EA 19-22). APNs: 007-059-02 & 007-059-03 (One Legal Lot). Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan 3. Agency Comments 4. Proposed Conditions of Approval 5. Existing and Proposed Site Plans 6. Site Management Plan (Available upon request) EXECUTIVE SUMMARY The applicant is requesting approval of a Minor Use Permit for the Commercial Cannabis Cultivation (A-Type 2 Medium Outdoor License), which includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing. The proposed use will occur on 1409 and 1419 Vernal Drive, Lakeport CA. The proposed use would allow up to 10,000 square feet of Canopy Area which is defined as the designated area(s) at a licensed premises, 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 cannabis canopy area proposed, in above ground pots, is 9,850 square feet which would take place within a fenced area approximately 10,000 square feet in size, with an additional 625 square foot barn located adjacent to the cultivation area which will be used for curing, storage, processing, and packaging. Included in the cultivation area is a 150 square foot storage shed used for fertilizers and pesticides. The fence would be approximately six (6) feet in height, and constructed with exclusionary wire grid attached to steel tubing, timber, or concrete posts spaced less than ten (10) feet apart. There would be a minimum of five (5) security cameras (solar powered) located at each corner of the fenced cultivation area, and one (1) located in the barn used for curing, storage, processing, and packaging. The proposed security system is able to be accessed remotely. According to the applicant, there will be a maximum of three (3) employees per shift and three (3) parking spaces. The hours of operation would be Monday through Saturday, 8:00AM to 5:00PM and Sundays, 12:00PM to 4:00PM. The project is proposing to use a drip irrigation system, which uses water from an unnamed spring located on the property (The applicant has provided Rights to Divert and Use Water from the State Water Resources Control Board-registration number: H505589 Certificate Number: H100457). The water will be gravity fed from the spring to a 1,500 gallon storage tank. The water will then be gravity fed through PVC pipes to the cultivation site and irrigated among the above-ground pots. The project parcel is served by Vernal Drive, off of Ridge Road, off of Highland Springs Road. Prior to the cannabis cultivation operation permit coming into effect, Highland Springs Road shall be widened to a minimum width of twenty (20) feet. The gate located on Ridge Road shall be a minimum of fourteen (14) feet wide. Vernal Drive and Ridge Road shall meet a twenty (20) foot minimum road width as well as contain a gravel surface. A condition has been included in the Conditions of Approval which shall be met prior to cultivation, unless an exemption for Public Resources Code 4290 and 4291 has been applied for and granted. See Section A, Item 3 of Attachment 4. Proposed Site Plan and Cultivation Area Construction Schedule The 150 s.f. storage shed and security fence will be constructed once the permit is obtained. Construction is anticipated to last approximately 30 days. Construction will take place Monday through Friday from 8 a.m. to 5 p.m. The applicant proposes hand tools will only be used for construction, no machinery is expected to be needed. For construction, one (1) vehicle trip per day is anticipated. Staff is recommending Approval with Conditions of Use Permit (MUP 19-11). Recommended Action: Sample Motions: Categorical Exemption I move that the Planning Commission find that the Minor Use Permit (MUP 19-11) applied for by Nick Needham on property located at 1409 Vernal Drive and 1419 Vernal Drive, Lakeport, further described as APN: 007-059-02 and 007-059-03 is exempt from CEQA because it falls within Categorical Exemption Class 4 (15304), based on the findings set forth in Staff Report dated February 12, 2020. Minor Use Permit (MUP 19-11) I move that the Planning Commission find that the Minor Use Permit (MUP 19-11) applied for by Nick Needham on property located at 1409 Vernal Drive and 1419 Vernal Drive, Lakeport, further described as APN: 007-059-02 and 007-059-03 does meet the requirements of Section 50.4 and Article 27, Section 1 [i,ii(g),i(ii)] 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 12, 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: Lake County Planning Commission FROM: Scott DeLeon - Interim Community Development Director Prepared by: Mark Roberts - Principal Planner DATE: February 18, 2020. SUBJECT: Proposed Amendments to Zoning Ordinance (AM 20-01) Categorical Exemption (CE 20-07) ATTACHMENTS: 1. Existing Ordinance Sections with Proposed Amendments (Redlined Version) 2. Proposed Ordinance with Amendments (Clean Version) 3. Board of Supervisors Adopted Resolution 2020-12 (Adopted 2/22/2020) BACKGROUND On September 10, 2019 the Board of Supervisors approved the creation of the Industrial Hemp Ad Hoc Committee (the Ad Hoc Committee or Committee) in order to make recommendations for Industrial Hemp Regulations. On September 24, 2019 the Committee, made up of Supervisors, Industry Representatives, the Lake County Farm Bureau, and staff, was finalized and the meetings began on October 11, 2019. The Ad Hoc Committee met approximately every two weeks, mostly, to ensure that regulations could be recommended in a timely manner, prior to the new season starting in 2020. On January 31, 2019, the Committee recommended changes to the County Zoning Ordinance which incorporated zoning requirements for the cultivation of industrial HEMP. On February 11, 2020 the Board of Supervisors (BOS) heard the Resolution of Intention to establish regulations and development standards for the cultivation of industrial HEMP and adopted a Resolution of Intention which necessitated the amendment of the text of the County Zoning Ordinance to incorporate the changes listed in the Resolution of Intent and adopted by the BOS. Today, Staff has prepared this report outlining the propose zoning ordinance text amendments for the Planning Commission to review and adopt. The amendments are as outlined and discussed below. PROPOSED ZONING ORDINANCE TEXT AMENDMENTS The amendments to the Lake County Zoning Ordinance, establishing regulations and develop standards for the cultivation of Industrial HEMP are as follows: 1. Table 27.2 of Article 27 of the Lake County Zoning Ordinance will be amended to reflect that Industrial HEMP as an allowable use upon securing a Zoning Permit in the following Zoning Districts. * APZ (Agricultural Preserve Zone) * A (Agriculture) * TPZ (Timber Preserve Zone) * RL (Rural Lands) * RR (Rural Residential) * SR (Suburban Reserve) * PDC (Planned Development Commercial) * O (Open Space) 2. Section 27.3 of Article 27 of the Lake County Ordinance shall be amended to include the following language and requirements for Industrial HEMP. The new language will be incorporated as a new section in 27.3, titled "(ab) Industrial HEMP" a. The provision of this subsection shall not apply to any of the provisions outlined in the Article 27.11 (excluding cannabis). b. The parcel shall contain a minimum of one (1) acre for indoor/greenhouse cultivation and a minimum of five (5) acres for outdoor cultivation. c. If grading is required, all grading shall comply with the standards set forth by Chapter 30 of the Lake County Code. d. Hemp cultivation site shall be setback a minimum of 150 feet from an off-site residence. i. A waiver signed by neighboring property owners can be submitted which may decrease the minimum setback. d. Hemp cultivation is prohibited within 1000 feet of Community Growth Boundaries as described in the Lake County General Plan. e. Seed production of any type shall be only grown indoors or within an engineered greenhouse with filters. Recommended Action: SAMPLE MOTIONS: Zoning Ordinance Text Amendment Approval 1. I move that the Planning Commission find this Zoning Ordinance Text Amendment, AM 20-01 is Categorically Exempt (CE 20-07) 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 20-01 applied for by the County of Lake for the reasons listed in the staff report dated February 18, 2020.