Planning Commission — Thursday, June 27, 2019
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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
4a.Consideration of approval of minutes from April 25, 2019 Planning Commission Hearing
Action Item
4b.Consideration of approval of minutes from May 9, 2019 Planning Commission Hearing
Action Item
5.Public Input
6.Timed Items - Public Hearings
6a.9:02 a.m Public Hearing on consideration of a General Plan Conformity Report (GPC 19-01) The project applicant is the CITY OF LAKEPORT proposing 100 kilowatt photovoltaic solar generating facility and supporting structures, which include a ground mounted solar array consisting of 252 modules (80’x40’) and 25 support posts to be drilled approximately 7 feet deep. The solar facility would be 10,788 square feet and (124’ long by 87’ wide) on an approximately 7.5 (326,700 square feet) acres parcel. The project is located at 1387 Scotts Valley Road, Lakeport and further described as APN 005-027-95. Environmental Evaluation: Mitigated Negative Declaration (IS 19-31). (Simone HIngston)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The City of Lakeport is requesting an approval of a General Plan Conformity Report to allow a 100 kilowatt photovoltaic solar generating facility and supporting structures which include a ground mounted solar array consisting of 252 modules (80 feet by 40 feet) and 25 support posts to be drilled approximately 7 feet deep. The solar facility would be 10,788 square feet (124 feet long by 87 feet wide) located on an approximately 7.5 (326,700 square feet) acres parcel.
Staff recommends the Planning Commission report that the improvements are in conformance with the Lake County General Plan.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study IS 19-31 (based on Initial Study OA 18-02 prepared by the City of Lakeport) for the County of Lake and the mitigation measures which have been added to the project, that the General Plan Conformity, GPC 19-01 for a photovoltaic solar generating facility and related structures applied for by the City of Lakeport will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the findings listed in the Staff Report dated June 17, 2019.
General Plan of Conformity
I move that the Planning Commission find that the General Plan Conformity, GPC 19-01 for a photovoltaic solar generating facility and related structures applied by the City of Lakeport on property located at 1387 Scotts Valley Road, Lakeport, CA 95453, APN 005-027-95 is in conformity with the Lake County General Plan with the findings listed in the Staff Report dated June 17, 2019.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Simone Hingston, Assistant Planner
DATE: June 17, 2019
SUBJECT: Request for General Plan Conformity Report for City of Lakeport
GPC 19-01, Initial Study 19-31 (based on OS 18-02)
ATTACHMENTS: 1. Vicinity Map
2. Project Description, City of Lakeport Staff Report
3. Site Plans
4. Agencies Comments
5. Initial Study IS and Notice of Determination NOD (prepared by City of Lakeport)
EXECUTIVE SUMMARY:
The City of Lakeport is requesting an approval of a General Plan Conformity Report to allow a 100 kilowatt photovoltaic solar generating facility and supporting structures which include a ground mounted solar array consisting of 252 modules (80 feet by 40 feet) and 25 support posts to be drilled approximately 7 feet deep. The solar facility would be 10,788 square feet (124 feet long by 87 feet wide) located on an approximately 7.5 (326,700 square feet) acres parcel.
Staff recommends the Planning Commission report that the improvements are in conformance with the Lake County General Plan.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study IS 19-31 (based on Initial Study OA 18-02 prepared by the City of Lakeport) for the County of Lake and the mitigation measures which have been added to the project, that the General Plan Conformity, GPC 19-01 for a photovoltaic solar generating facility and related structures applied for by the City of Lakeport will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the findings listed in the Staff Report dated June 17, 2019.
General Plan of Conformity
I move that the Planning Commission find that the General Plan Conformity, GPC 19-01 for a photovoltaic solar generating facility and related structures applied by the City of Lakeport on property located at 1387 Scotts Valley Road, Lakeport, CA 95453, APN 005-027-95 is in conformity with the Lake County General Plan with the findings listed in the Staff Report dated June 17, 2019.
6b.9:05 a.m. Public Hearing on consideration of a Major Use Permit (UP 18-43). The project applicant is SHANNON SANDERS proposing (1) A-Type 3B (mixed light) commercial cannabis license to allow 25,996 sq. ft. of cultivation area that includes 13 greenhouses and a 4,000 sq. ft. drying and packaging building. The project is located at 19424 Butts Canyon Road, Middletown and further described as APN 014-004-20. Environmental Evaluation: Mitigated Negative Declaration (IS 18-58). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
This is a request for a commercial cannabis license A - Type 3B Tier 2 "Medium Mixed-Light" cultivation area. The applicant seeks to obtain a Major Use Permit for Commercial Cannabis Cultivation for a total combined cultivation area of 25,996 square feet (s.f.) with a cannabis canopy of approximately 21,996 s.f.
The +20-acre Rural Lands zoned project property is located at 19424 Butts Canyon Road, east of Middletown. The Project Property is an existing rectangular shaped (600' x 1452') parcel of land that can be best described as a ranchette. The property is located on the north side of Butts Canyon Road, 3.7 miles east of Highway 29. It has been developed for many years with an existing single-family dwelling (manufactured home), a garage, storage container, fenced and cross fenced pastures, landscaping, and other typical improvements. The property has a history of pasturing horses and related ranching activities. The property is served by PG&E, and is developed with a domestic water well, sanitary septic system, and an asphalt driveway.
Proposed Site Plan and Cultivation Area
The SSR cannabis cultivation facilities will be developed and operated within a 1 acre fenced enclosure as depicted on the preceding site plan and on the plan below. The cannabis cultivation facilities will be set back over 1,065' from the Butts Canyon Road frontage and will not be visible from the road or from adjoining properties. Setbacks of 100' from the southern property line, 160' from the back-property line, and 276' from the northern property line will be established and maintained.
� A 40 x 100' metal frame drying building with 16-foot-tall gable height.
� Thirteen (13) - 98' x 20' steel cold frame greenhouses.
� A 20-foot-wide center access corridor.
� Ancillary facilities and storage area.
Construction Schedule
The greenhouses will be constructed on site approximately 2 to 3 months after the use permit is obtained. The staging area for the greenhouses will occur approximately 50 feet away from the actual greenhouse building pads. Construction is anticipated to last between 30 and 60 days. Dust from the site preparation will be mitigated by on-site water trucks. The driveway serving the greenhouse compound will be graveled to help in mitigating dust resulting from construction traffic activity and post-construction activity.
Equipment anticipated to be used include a D-9 tractor, a skid-steer loader, several trucks to import the greenhouses, small hand-held equipment used to assemble the greenhouses, and water trucks for dust suppression.
Staff is recommending Approval with Conditions of Use Permit (UP 18-43).
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-58) applied for by Shannon Sanders on property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 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 June 17, 2019.
Major Use Permit (UP 18-43)
I move that the Planning Commission find that the Use Permit (UP 18-43) applied for by Shannon Sanders on property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 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 June 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: June 17, 2019
SUBJECT: Shannon Sanders; Major Use Permit (UP 18-43) and Initial Study (IS 18-58). APN: 014-004-20
Supervisor District 1
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan (available upon request)
3. Agency Comments
4. Proposed Conditions of Approval including Site Plan
5. Existing and Proposed Site Plans
6. Initial Study IS 18-58
7. Public Comments
EXECUTIVE SUMMARY:
This is a request for a commercial cannabis license A - Type 3B Tier 2 "Medium Mixed-Light" cultivation area. The applicant seeks to obtain a Major Use Permit for Commercial Cannabis Cultivation for a total combined cultivation area of 25,996 square feet (s.f.) with a cannabis canopy of approximately 21,996 s.f.
The +20-acre Rural Lands zoned project property is located at 19424 Butts Canyon Road, east of Middletown. The Project Property is an existing rectangular shaped (600' x 1452') parcel of land that can be best described as a ranchette. The property is located on the north side of Butts Canyon Road, 3.7 miles east of Highway 29. It has been developed for many years with an existing single-family dwelling (manufactured home), a garage, storage container, fenced and cross fenced pastures, landscaping, and other typical improvements. The property has a history of pasturing horses and related ranching activities. The property is served by PG&E, and is developed with a domestic water well, sanitary septic system, and an asphalt driveway.
Proposed Site Plan and Cultivation Area
The SSR cannabis cultivation facilities will be developed and operated within a 1 acre fenced enclosure as depicted on the preceding site plan and on the plan below. The cannabis cultivation facilities will be set back over 1,065' from the Butts Canyon Road frontage and will not be visible from the road or from adjoining properties. Setbacks of 100' from the southern property line, 160' from the back-property line, and 276' from the northern property line will be established and maintained.
� A 40 x 100' metal frame drying building with 16-foot-tall gable height.
� Thirteen (13) - 98' x 20' steel cold frame greenhouses.
� A 20-foot-wide center access corridor.
� Ancillary facilities and storage area.
Construction Schedule
The greenhouses will be constructed on site approximately 2 to 3 months after the use permit is obtained. The staging area for the greenhouses will occur approximately 50 feet away from the actual greenhouse building pads. Construction is anticipated to last between 30 and 60 days. Dust from the site preparation will be mitigated by on-site water trucks. The driveway serving the greenhouse compound will be graveled to help in mitigating dust resulting from construction traffic activity and post-construction activity.
Equipment anticipated to be used include a D-9 tractor, a skid-steer loader, several trucks to import the greenhouses, small hand-held equipment used to assemble the greenhouses, and water trucks for dust suppression.
Staff is recommending Approval with Conditions of Use Permit (UP 18-43).
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-58) applied for by Shannon Sanders on property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 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 June 17, 2019.
Major Use Permit (UP 18-43)
I move that the Planning Commission find that the Use Permit (UP 18-43) applied for by Shannon Sanders on property located at 19424 Butts Canyon Road, Middletown, further described as APN: 014-004-20 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 June 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.
6c.9:15 a.m. Public Hearing on consideration of a Major Use Permit (UP 18-41). The project applicant is JACOB DAVIS & owner JERRY BARNETT proposing (1) A-Type 3B (mixed light) commercial cannabis license to allow 24,000 sq. ft. of cultivation area that includes 7 (30’x100’) greenhouses and a 4,000 sq. ft. of drying and packaging building. The project is located at 3682 Scotts Valley Road, Lakeport and further described as APN 005-010-03. Environmental Evaluation: Mitigated Negative Declaration (IS 18-54). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
This is a request for one commercial cannabis license as follows:
* A - Type 3B: "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 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises.
The cultivation site is located on a +25.44 acre property located at 3682 Scotts Valley Road, Lakeport. The applicant is proposing the following:
Immediate access to the site is taken from Scotts Valley Road, a paved and striped County-maintained public road with gravel shoulders and 10' wide drive lanes. The Project Site is not within a community growth boundary or an exclusion area.
Staff is recommending Approval with Conditions of Use Permit (UP 18-41).
RECOMMENDED ACTION:
Initial Study
I move that the Planning Commission find that the Initial Study (IS 18-54) applied for by Jacob Davis on property located at 3682 Scotts Valley Road, Lakeport, further described as APN: 005-010-03 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be adopted with the findings listed in the staff report dated June 17, 2019.
Major Use Permit (UP 18-41)
I move that the Planning Commission find that the Use Permit (UP 18-41) applied for by Jacob Davis on property located at 3682 Scotts Valley Road, Lakeport, further described as APN: 005-010-03 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 June 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: June 17, 2019
SUBJECT: AMPEG Inc.; Jacob Davis. Major Use Permit (UP 18-41) and Initial Study (IS 18-54)
Supervisor District 4
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan (available upon request)
3. Agency Comments
4. Proposed Conditions of Approval with Proposed Site Plan
5. Existing and Proposed Site Plans dated April 22, 2018.
6. Initial Study IS 18-54
EXECUTIVE SUMMARY:
This is a request for one commercial cannabis license as follows:
* A - Type 3B: "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 10,001 and 22,000 square feet, inclusive, of total canopy size on one premises.
The cultivation site is located on a +25.44 acre property located at 3682 Scotts Valley Road, Lakeport. The applicant is proposing the following:
Immediate access to the site is taken from Scotts Valley Road, a paved and striped County-maintained public road with gravel shoulders and 10' wide drive lanes. The Project Site is not within a community growth boundary or an exclusion area.
Staff is recommending Approval with Conditions of Use Permit (UP 18-41).
RECOMMENDED ACTION:
Initial Study
I move that the Planning Commission find that the Initial Study (IS 18-54) applied for by Jacob Davis on property located at 3682 Scotts Valley Road, Lakeport, further described as APN: 005-010-03 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be adopted with the findings listed in the staff report dated June 17, 2019.
Major Use Permit (UP 18-41)
I move that the Planning Commission find that the Use Permit (UP 18-41) applied for by Jacob Davis on property located at 3682 Scotts Valley Road, Lakeport, further described as APN: 005-010-03 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 June 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.
6d.9:25 a.m. Public Hearing on consideration of a Minor Use Permit (MUP 18-56). The project applicant is NESTA FARMS – MATSUKI PERKINS proposing (1) A-Type 2 (small outdoor) commercial cannabis license containing 8,765 sq. ft. of cultivation area and (1) A-Type 2B (mixed light) with 12,000 sq.ft. of cultivation area enclosed within 7 greenhouses. The project is located at 14256 Western Mine Road, Middletown and further described as APN 013-030-07. Environmental Evaluation: Mitigated Negative Declaration (IS 18-66). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant is proposing the following commercial cannabis licenses:
* (1) A-Type 2 (small outdoor); 8,765 square feet (s.f.) of cultivation and canopy areas,
* (1) A-Type 2B (mixed light); 12,000 s.f. of cultivation area and 9,500 s.f. of canopy area.
According to the applicant's material submitted, the total cultivation area is 20,765 s.f. and the total canopy area is 18,365 s.f. Both cultivation areas are enclosed by a 6' tall fence.
The +52.29 acre subject site is located at 14256 Western Mine Road, Middletown, and is known as APN 013-030-07. The site currently contains a medicinal cannabis cultivation area that was certified compliant with Lake County Zoning Ordinance Article 72 by the Lake County Community Development Department in February of 2018 (Conditional Certificate of Recognition of Compliance attached). The existing cultivation area/the Project Property has been enrolled for coverage under and maintained compliance with the Central Valley Regional Water Quality Control Board's General Order for Cannabis Cultivation Activities since April 11th, 2017 (WDID 5A17MJ00022).
The proposed cannabis cultivation area and associated facilities are accessed via existing private gravel access road off of Western Mine Road. The proposed outdoor cultivation method is via an above grade organic soil mixture in 300-gallon fabric pots ("smart pots") with drip irrigation systems in full sun. The proposed mixed-light cultivation method is via an above grade organic soil mixture in 15-gallon black plastic nursery pots with drip irrigation systems, within greenhouse structures composed of steel frames with a 6-mil polyethylene glaze. The proposed cultivation areas will be surrounded by a 6-foot tall wire fence with privacy mesh where necessary to screen the cultivation areas from public view. Existing ancillary facilities include a groundwater well, five 2,500-gallon water storage tanks, and a 1040 s.f. wooden propagation and processing building/facility. Proposed ancillary facilities include a 120 s.f. wooden hazardous materials storage shed and an 80 s.f. proposed secure composting area. There are also two residences (a 2,600 s.f. main residence and a 640 s.f. guest house) and a garage on the site; these structures are not directly associated with the proposed cultivation operation.
The estimated water usage is projected to be 325,850 gallons per year. This amount of proposed water usage is comparable to other similarly sized outdoor cannabis cultivation licenses.
Staff is recommending Approval with Conditions of MUP 18-56.
RECOMMENDED ACTION:
Mitigated Negative Declaration (IS 18-66)
I move that the Planning Commission find that the Initial Study (IS 18-66), as prepared by the Planning Division and applied for by Matsuki Perkins on property located at 14256 Western Mine Road, Middletown, further described as APN: 013-030-07 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 June 17, 2019.
Minor Use Permit (MUP 18-56)
I move that the Planning Commission find that the Minor Use Permit (MUP 18-56) applied for by Matsuki Perkins on property located at 14256 Western Mine Road, Middletown, further described as APN: 013-030-07 does meet the requirements of Section 50.4 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 June 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: June 17, 2019
SUBJECT: Nesta Farms (Matsuki Perkins); Minor Use Permit (MUP 18-56) for Commercial Cannabis Cultivation, Initial Study (IS 18-66). APN: 013-030-07
Supervisor District 1
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan (available upon request)
3. Agency Comments
4. Proposed Conditions of Approval and Site Plan
5. Initial Study IS 18-66
EXECUTIVE SUMMARY:
The applicant is proposing the following commercial cannabis licenses:
* (1) A-Type 2 (small outdoor); 8,765 square feet (s.f.) of cultivation and canopy areas,
* (1) A-Type 2B (mixed light); 12,000 s.f. of cultivation area and 9,500 s.f. of canopy area.
According to the applicant's material submitted, the total cultivation area is 20,765 s.f. and the total canopy area is 18,365 s.f. Both cultivation areas are enclosed by a 6' tall fence.
The +52.29 acre subject site is located at 14256 Western Mine Road, Middletown, and is known as APN 013-030-07. The site currently contains a medicinal cannabis cultivation area that was certified compliant with Lake County Zoning Ordinance Article 72 by the Lake County Community Development Department in February of 2018 (Conditional Certificate of Recognition of Compliance attached). The existing cultivation area/the Project Property has been enrolled for coverage under and maintained compliance with the Central Valley Regional Water Quality Control Board's General Order for Cannabis Cultivation Activities since April 11th, 2017 (WDID 5A17MJ00022).
The proposed cannabis cultivation area and associated facilities are accessed via existing private gravel access road off of Western Mine Road. The proposed outdoor cultivation method is via an above grade organic soil mixture in 300-gallon fabric pots ("smart pots") with drip irrigation systems in full sun. The proposed mixed-light cultivation method is via an above grade organic soil mixture in 15-gallon black plastic nursery pots with drip irrigation systems, within greenhouse structures composed of steel frames with a 6-mil polyethylene glaze. The proposed cultivation areas will be surrounded by a 6-foot tall wire fence with privacy mesh where necessary to screen the cultivation areas from public view. Existing ancillary facilities include a groundwater well, five 2,500-gallon water storage tanks, and a 1040 s.f. wooden propagation and processing building/facility. Proposed ancillary facilities include a 120 s.f. wooden hazardous materials storage shed and an 80 s.f. proposed secure composting area. There are also two residences (a 2,600 s.f. main residence and a 640 s.f. guest house) and a garage on the site; these structures are not directly associated with the proposed cultivation operation.
The estimated water usage is projected to be 325,850 gallons per year. This amount of proposed water usage is comparable to other similarly sized outdoor cannabis cultivation licenses.
Staff is recommending Approval with Conditions of MUP 18-56.
RECOMMENDED ACTION:
Mitigated Negative Declaration (IS 18-66)
I move that the Planning Commission find that the Initial Study (IS 18-66), as prepared by the Planning Division and applied for by Matsuki Perkins on property located at 14256 Western Mine Road, Middletown, further described as APN: 013-030-07 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 June 17, 2019.
Minor Use Permit (MUP 18-56)
I move that the Planning Commission find that the Minor Use Permit (MUP 18-56) applied for by Matsuki Perkins on property located at 14256 Western Mine Road, Middletown, further described as APN: 013-030-07 does meet the requirements of Section 50.4 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 June 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.
6e.9:30 a.m. Public Hearing on consideration of a Minor Use Permit (MUP 19-09). The project applicant is MARY DRAPER proposing Commercial Cannabis Cultivation licenses, A-Type 3 Medium Outdoor, to allow 140,000 sq. ft. of additional cultivation area to supplement the 91,291 sq. ft. of previously-approved cultivation for a total cultivation area of 231,291 sq. ft. The project is located at 9475 Bottle Rock Road, Kelseyville and further described as APN 011-004-60 (recently merged). Environmental Evaluation: Mitigated Negative Declaration. (continued from June 13, 2019) (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant is proposing a minor use permit for two additional A-Type 3 outdoor cannabis cultivation licenses. The new cultivation areas proposed are 140,000 s.f. The originally approved cultivation areas were 91,271 s.f. in total area. The new combined square footage for the cultivation areas will be 234,021 s.f. including the 2,750 s.f. barn that is used to dry cannabis. The total allowable cultivation area is up to 260,000 s.f. for this +80 acre property. The applicant has indicated that she intends on planting cannabis on July 15, 2019. See Attachment 8.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 19-15) applied for by Mary Draper on property located at 9475 Bottle Rock Road, Kelseyville and further described as APN: 011-004-60 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 June 3, 2019.
Minor Use Permit (MUP 19-09)
I move that the Planning Commission find that the Minor Use Permit (MUP 19-09) applied for by Mary Draper on property located at 9475 Bottle Rock Road, Kelseyville and further described as APN: 011-004-60 does meet the requirements of Section 50.4 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 June 3, 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: June 3, 2019
SUBJECT: Mary Draper; Minor Use Permit (MUP 19-09) for two A-Type 3 (Outdoor) Commercial Cannabis Cultivation licenses and Initial Study (IS 19-15)
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan (available upon request)
3. Agency Comments
4. Proposed Conditions of Approval
5. Site Plans
6. Initial Study IS 19-15
7. Public Comments
8. Cultivation Start-Date Email
EXECUTIVE SUMMARY:
The applicant is proposing a minor use permit for two additional A-Type 3 outdoor cannabis cultivation licenses. The new cultivation areas proposed are 140,000 s.f. The originally approved cultivation areas were 91,271 s.f. in total area. The new combined square footage for the cultivation areas will be 234,021 s.f. including the 2,750 s.f. barn that is used to dry cannabis. The total allowable cultivation area is up to 260,000 s.f. for this +80 acre property. The applicant has indicated that she intends on planting cannabis on July 15, 2019. See Attachment 8.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 19-15) applied for by Mary Draper on property located at 9475 Bottle Rock Road, Kelseyville and further described as APN: 011-004-60 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 June 3, 2019.
Minor Use Permit (MUP 19-09)
I move that the Planning Commission find that the Minor Use Permit (MUP 19-09) applied for by Mary Draper on property located at 9475 Bottle Rock Road, Kelseyville and further described as APN: 011-004-60 does meet the requirements of Section 50.4 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 June 3, 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.
6f.9:35 a.m. Public Hearing on consideration of a Minor Use Permit (MUP 18-45). The project applicant is PAUL BERNACCIO/BERNACCIO INC. proposing two (2) Commercial Cannabis Cultivation licenses; one (1) A-Type 1C and one (1) M-Type 1C “mixed light” that would allow a total of up to 5,000 sq. ft. of canopy area and up to 10,000 sq. ft. of cultivation area. The project is located at 9959 Deiner Drive, Kelseyville and further described as APN 115-003-39. Environmental Evaluation: Mitigated Negative Declaration (IS 18-55) . (continued from June 13, 2019) (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant is proposing two cannabis licenses under one use permit as follows:
One (1) A - Type 1C: "specialty cottage": Cultivation for adult use cannabis of 2,500 square feet or less of total canopy size for mixed-light cultivation using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, up to 25 mature plants for outdoor cultivation without the use of light deprivation and/or artificial lighting in the canopy area at any point in time, or 500 square feet or less of total canopy size for indoor cultivation within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot, on one premises.
One M - Type 1C: "specialty cottage": Cultivation for medicinal cannabis of 2,500 square feet or less of total canopy size for mixed-light cultivation using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, up to 25 mature plants for outdoor cultivation without the use of light deprivation and/or artificial lighting in the canopy area at any point in time, or 500 square feet or less of total canopy size for indoor cultivation within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot, on one premises.
The subject site is located at 9959 Deiner Drive, Kelseyville, and is known as APN 115-003-39.
The site is presently developed with a 1,710 square feet (s.f.) dwelling served by a septic system and a private well; the dwelling is not associated with the cannabis cultivation. There is an approximate 500 s.f. shed that will not be used for this cannabis cultivation process, and a 100 s.f. well pump house.
The 'project area' consists of a greenhouse and a drying room. The greenhouse is approximately 109' x 68' in total size (7,412 s.f.) excluding the 7' x 68' unusable space on the west side of the building, however the actual cultivation area is 6,901.6 square feet once the unusable interior floor areas are omitted. The 'drying building' adds an additional 3,988 s.f. of cultivation area inside the building, for a total of 10,889.6 square feet of cultivation area. Note: this exceeds the allowable cultivation area for two 'Type 1C' cultivation licenses; the applicant must modify the cultivation area on the site plan to show a total area of up to 10,000 s.f. of cultivation area.
Article 27 of the Lake County Zoning Ordinance, subsection (at), specifies the range of canopy area for an A-Type 1C and M-Type 1C 'mixed light' cultivation licenses, which is up to 2,500 square feet for each of the two Type 1C licenses.
The estimated water usage is about 495,520 gallons per year according to the applicant's projected water use calculations. This amount of proposed water usage is consistent with other comparably sized outdoor cannabis cultivation licenses.
Access to the site is taken from Deiner Drive, an unpaved County road. There is a private paved road that crosses through the applicant's property and serves lots located south of the subject site. There is a recorded access easement serving the site of indeterminate location; the applicant must pass through approximately 100 feet of private property via easement to access his lot. The applicant has provided the County with proof of legal right to access his property via the recorded easement.
According to the applicant, the estimated construction schedule will be as follows:
Spring / Summer 2019: Construction of greenhouses and 2 story drying building. Estimated time-frame for construction is 6 months to complete. The applicant will be using small bulldozers and excavators to prepare the site for the buildings. The site already has flat surfaces where the buildings would be built, and it is unlikely that the grading needed would be such that a Grading Permit requirement would be triggered.
Staging areas will occur on already-disturbed soils in the vicinity of the new greenhouses. The area adjacent to the greenhouse site has already been tilled and trees were taken down to accommodate the greenhouses. The applicant already has a requirement through MUP 16-29 to do a 3:1 tree replacement;
The applicant will schedule an inspection with the Planning and Building Departments prior to final occupancy to assure that the terms of the land use actions have been met.
Lastly, the applicant was approved for a Minor Use Permit in 2017 for a nursery; the Initial Study associated with that approval was file number IS 17-23 and MUP 16-29.
Staff is recommending Approval with Conditions of MUP 18-45.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-55) applied for by Paul Bernacchio on property located at 9959 Deiner Drive, Kelseyville, further described as APN: 115-003-39 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 June 3, 2019.
Minor Use Permit (MUP 18-45)
I move that the Planning Commission find that the Minor Use Permit (MUP 18-45) applied for by Paul Bernacchio on property located at 9959 Deiner Drive, Kelseyville, further described as APN: 115-003-39 does meet the requirements of Section 50.4 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 June 3, 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: June 3, 2019
SUBJECT: Paul Bernacchio / Bernacchio Inc.; Minor Use Permit (MUP 18-45) for Commercial Cannabis Cultivation, Initial Study (IS 18-55). APN: 115-003-39. Estimated start of cultivation: November 1, 2019
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan (available upon request)
3. Agency Comments
4. Proposed Conditions of Approval
5. Site Plans
6. Initial Study (IS 18-55)
EXECUTIVE SUMMARY:
The applicant is proposing two cannabis licenses under one use permit as follows:
One (1) A - Type 1C: "specialty cottage": Cultivation for adult use cannabis of 2,500 square feet or less of total canopy size for mixed-light cultivation using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, up to 25 mature plants for outdoor cultivation without the use of light deprivation and/or artificial lighting in the canopy area at any point in time, or 500 square feet or less of total canopy size for indoor cultivation within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot, on one premises.
One M - Type 1C: "specialty cottage": Cultivation for medicinal cannabis of 2,500 square feet or less of total canopy size for mixed-light cultivation using light deprivation and/or artificial lighting below a rate of 25 watts per square foot, up to 25 mature plants for outdoor cultivation without the use of light deprivation and/or artificial lighting in the canopy area at any point in time, or 500 square feet or less of total canopy size for indoor cultivation within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five watts per square foot, on one premises.
The subject site is located at 9959 Deiner Drive, Kelseyville, and is known as APN 115-003-39.
The site is presently developed with a 1,710 square feet (s.f.) dwelling served by a septic system and a private well; the dwelling is not associated with the cannabis cultivation. There is an approximate 500 s.f. shed that will not be used for this cannabis cultivation process, and a 100 s.f. well pump house.
The 'project area' consists of a greenhouse and a drying room. The greenhouse is approximately 109' x 68' in total size (7,412 s.f.) excluding the 7' x 68' unusable space on the west side of the building, however the actual cultivation area is 6,901.6 square feet once the unusable interior floor areas are omitted. The 'drying building' adds an additional 3,988 s.f. of cultivation area inside the building, for a total of 10,889.6 square feet of cultivation area. Note: this exceeds the allowable cultivation area for two 'Type 1C' cultivation licenses; the applicant must modify the cultivation area on the site plan to show a total area of up to 10,000 s.f. of cultivation area.
Article 27 of the Lake County Zoning Ordinance, subsection (at), specifies the range of canopy area for an A-Type 1C and M-Type 1C 'mixed light' cultivation licenses, which is up to 2,500 square feet for each of the two Type 1C licenses.
The estimated water usage is about 495,520 gallons per year according to the applicant's projected water use calculations. This amount of proposed water usage is consistent with other comparably sized outdoor cannabis cultivation licenses.
Access to the site is taken from Deiner Drive, an unpaved County road. There is a private paved road that crosses through the applicant's property and serves lots located south of the subject site. There is a recorded access easement serving the site of indeterminate location; the applicant must pass through approximately 100 feet of private property via easement to access his lot. The applicant has provided the County with proof of legal right to access his property via the recorded easement.
According to the applicant, the estimated construction schedule will be as follows:
Spring / Summer 2019: Construction of greenhouses and 2 story drying building. Estimated time-frame for construction is 6 months to complete. The applicant will be using small bulldozers and excavators to prepare the site for the buildings. The site already has flat surfaces where the buildings would be built, and it is unlikely that the grading needed would be such that a Grading Permit requirement would be triggered.
Staging areas will occur on already-disturbed soils in the vicinity of the new greenhouses. The area adjacent to the greenhouse site has already been tilled and trees were taken down to accommodate the greenhouses. The applicant already has a requirement through MUP 16-29 to do a 3:1 tree replacement;
The applicant will schedule an inspection with the Planning and Building Departments prior to final occupancy to assure that the terms of the land use actions have been met.
Lastly, the applicant was approved for a Minor Use Permit in 2017 for a nursery; the Initial Study associated with that approval was file number IS 17-23 and MUP 16-29.
Staff is recommending Approval with Conditions of MUP 18-45.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-55) applied for by Paul Bernacchio on property located at 9959 Deiner Drive, Kelseyville, further described as APN: 115-003-39 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 June 3, 2019.
Minor Use Permit (MUP 18-45)
I move that the Planning Commission find that the Minor Use Permit (MUP 18-45) applied for by Paul Bernacchio on property located at 9959 Deiner Drive, Kelseyville, further described as APN: 115-003-39 does meet the requirements of Section 50.4 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 June 3, 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.
6g.9:40 a.m. WORKSHOP on the 2019-2017 HOUSING ELEMENT of the Lake County General Plan (GPAP 19-02). The COUNTY OF LAKE will present the HOUSING ELEMENT UPDATE. (Byron Turner)
Report
Staff memo
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Byron Turner, Principal Planner
DATE: June 13, 2019
SUBJECT: WORKSHOP: 2019 County of Lake Housing Element Update.
EXECUTIVE SUMMARY:
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California's local governments meet this requirement by adopting housing plans as part of their "general plan" (also required by the state). General plans serve as the local government's "blueprint" for how the city and/or county will grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing. The law mandating that housing be included as an element of each jurisdiction's general plan is known as "housing-element law."
California's housing-element law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain), housing development. As a result, housing policy in California rests largely upon the effective implementation of local general plans and, in particular, local housing elements.
Staff recommends the Planning Commission report that the improvements is in conformance with the Lake County General Plan.
6h.1:30 p.m. Public Hearing on consideration of a General Plan Amendment (GPAP 16-08), Rezone (RZ 16-05), General Plan of Development (GPD 16-01) and Major Use Permit (UP 16-11). The project applicant is HEART CONSCIOUSNESS CHURCH, INC. (HARBIN HOT SPRINGS) proposing a General Plan Amendment from Rural Lands to Resort Commercial. A Rezone from Rural Lands to Planned Development Commercial. The Design Review Combining District is proposed for removal. A General Plan of Development and Major Use Permit for a Specific Plan of Development to allow the operation of a mixed use commercial resort with overnight accommodations, including but not limited to spa facilities, educational seminars, special events and restaurants. The project is located at 17514 State Highway 175, Whispering Pines, 19103 State Highway 175, 18424, 19000 and 19276 Harbin Hot Springs Road, Middletown and further described as APNs 013-009-21, 013-009-24, 013-011-46, 013-009-25 & 014-240-10. Environmental Evaluation: Mitigated Negative Declaration. (Mark Roberts) (continued from June 13, 2019)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The Valley Fire of 2015 was devastating to Harbin Hot Springs Resort, approximately 95% of the resorts development was either destroyed and/or damaged. Prior to the Valley Fire of 2015, Harbin Hot Springs was a mixed-use commercial resort with overnight accommodations, including but not limited to spa facilities, educational seminars, special events and restaurants. Since the Valley Fire of 2015, Harbin Hot Springs developed a detailed plan to redevelop the resort.
The applicant is requesting approval of a General Plan Amendment, Rezone, a General Plan of Development and a Major Use Permit for a Specific Plan of Development to allow a Mixed Use Commercial Resort with Overnight Accommodations, including but not limited to spa facilities, educational seminars, special events and restaurants. The resort would not be open to the general public and in order to be allowed on the resort premises, you must either be a member of the organization or a guest of a member. (Refer to Attachment 2 for details)
The applicant is requesting approval of the following:
General Plan Amendment Request:
PARCEL NUMBER
Current General Plan Designation
Proposed General Plan Designation
014-240-10
Rural Lands - Resource Conservation
Resort Commercial - Resource Conservation
013-009-24
Resource Conservation
Resort Commercial - Resource Conservation
Rezone Request:
PARCEL NUMBER
Current Zoning Designation
Proposed Zoning Designation
014-240-10
"RL-SC-WW"
Rural Lands - Waterway - Scenic Combining District
"PDC-WW-SC"
Planned Development Commercial - Waterway - Scenic Combining District
013-009-21
"PDC-DR"
Planned Development Commercial - Design Review
"PDC"
Planned Development Commercial
013-009-25
"PDC-DR-WW"
Planned Development Commercial - Design Review - Waterway
"PDC-WW"
Planned Development Commercial - Waterway
013-011-46
"PDC-DR"
Planned Development Commercial - Design Review
"PDC"
Planned Development Commercial
013-009-24
"PDC-DR-WW"
Planned Developed Commercial - Design Review Waterway
"PDC-WW"
Planned Developed Commercial -Waterway
General Plan & Specific Plan of Development:
A mixed-use commercial resort with overnight accommodations, which include but is not limited to the following:
* Hot springs pools
* Cold swimming pools & Cold Plunges
* Day use facilities
* Camping and Hiking
* Conference and Workshop Facilities with educational seminars
* Spa facilities and amenities
* Organic food market and restaurant
* Lounge areas
* Video theater
* Coffee shop.
* Overnight accommodation
* Recreational Classes
*
Supporting infrastructure for the mixed use resort includes but is not limited to: t
* Maintenance and Warehouse Infrastructure
* Various Administrative buildings that would support use (located on assessor parcel number 014-240-10, which is a separate parcel from the main resort infrastructure. By relocating the supporting infrastructure to a separate parcel, it would reduce the congestion throughout the main resort).\
*
Onsite Staff housing would include but is not limited to:
* 1 bedroom cabins
* 1 bedroom each duplexes
* 2 bedroom cabins and 2 buildings with private rooms and common facilities.
*
Operations and Maintenance of the resorts development:
* Performed by Harbin Hot Springs Staff/employees, including resident members and local Lake County residents.
*
Water Supply & Waste Management Systems:
In 2000, Harbin Hot Springs Resort switched from an existing onsite waste management disposal system (septic) to a public wastewater system which transports the wastewater to the Middletown Treatment Plant through a four (4) inch forced main.
According to the State Water Resource Control Board, Harbin Hot Springs has their own Public Water System (Permit # 170051 - State Water Resource Control Board - Division of Drinking Water). Additionally, water from Boggs Spring is piped to a holding tank through the Surface Water Treatment Plant located in the North Star Area of the resort.
The resort has a supplemental waster source, referred to as Well Number One (1) and the West Ridge Spring. The water from the above sources is piped to the surface water treatment plant. Once treated, the water is then piped to a 100,000 gallon water tank and is gravity fed throughout the resort.
Harbin Hot Springs is proposing to connect to an existing well (known as the Cerda Property) located at 20411 Big Canyon Road. The property is approximately 4.5 miles away from their Harbin Hot Springs Resort. It would be connected to their existing facilities through a minimum of a four (4) inch piping that would become a minimum of six (6) inch piping as it nears the resort.
Additional water sources during the summer and fall months would come from the Carbonate Spring, which is located above the Warm Pool on the Main Area Plan (Refer to Attachment 3, Sheet C3 for details) of the resort. The water from this springs is chlorinated at the spring and then gravity feed to a 23,000 gallon storage tank located near the Main Side Facility Area. Once chlorinated the water from spring is then gravity feed to the Main Side Facility Area.
All solid waste, including recyclable aluminum cans, glass, plastic, and cardboard would be collected daily by employees and brought to the salvage yard. All non - recyclable waste would be placed in large commercial containers and removed by an approved waste management company on a regular basis.
All sorted recyclable materials (aluminum cans, glass, plastic bottles and cardboard) would be hauled to appropriate recycling facilities by resort staff and all hazardous waste materials (such waste oil, automotive fluids, ect.) would be removed by commercial and/or industrial waste haulers.
Walking Bridge:
The applicant is proposing a Walking Bridge that would replace the previous bridge destroyed in the Valley Fire of 2015. The bridge would cross Harbin Creek and allow resort members, guest(s) and employees access to the convention center and pools. According to the applicant the proposed bridge would be approximately 5 feet in width and 93 feet in length with a 42 inch high safety railing on both side
The footing for the previous bridge (pre-valley Fire) were 40 inches from top of bank on the right hand side and greater than 40 inches from top of bank for the left side. According to the applicants Architect, the details of the footing type and footing depth is unknown as this time due to various variable, such as soil and subsurface conditions. The exact dimensions of the bridge and the footing are subject to change. (Refer to Attachment 2 for details)
Development Schedule [Approximate Time-Frame (subject to change)]:
Harbin Hot Springs Resort Tentative Developmental Schedule would be to complete the entire rebuild/development in three (3) phases. According to the applicant, the expected completion time for restoring Harbin Hot Springs is three (3) to five (5) years but some of the development may take up to ten (10) years to compete.
* Phase One (In progress and/or completed - applicant is rebuilding, replacing and/or renovating existing approved facilities) which includes but is not limited to the following:
o Opening the historical pools for day use, including new decking
o Meeting Accessibility requirements, including an elevator and three (3) retaining walls, utilities in the pool area and drainage. The Community Development Department has approved the above items on October 25, 2016.
o Rebuilding of thirteen (13) Cottage Grove Cabins.
o There would be approximately 70-75 staff members with the completion of Phase 1.
o The above improvement were considered exempt from CEQA, Class 1 [15301 Existing Facilities] as they were repairing and/or modifying existing facilities to meet today standards.
* Phase Two includes but is not limited to the following:
o Consist of making the surviving structures [discussed in Phase One (1)] operational
o Rebuild Domes One (1) and Two (2).
o Construction of a kitchen (outdoor kitchen, known as Meadow Kitchen), a Market and a pool complex located in the Meadow Area.
o There would be approximately 80-85 staff members with the completion of Phase 2.
* Phase Three includes but is not limited to the following:
o Consist of rebuilding the remaining structures to make Harbin Hot Springs fully operational, which includes but is not limited to the following:
o Main Facilities including a Dressing Room Structure with restroom facilities, including showers.
o Welcome Center (Reception Office)
o Massage/Spa Services
o Restaurant, Market
o Guest Rooms and Cabins
o Theater, Coffee Shop, Library
o Concierge and Administrative Offices
o Events Center and a Temple.
o This phase also consist of rebuilding the Staffing/Resident Housing and Workshops Facilities.
o There would be approximately 225-250 staff members with the completion of Phase 3
o
Previous Approved Land Use Applications:
* General Plan of Development, (PD 82-6):
o Approved Resort Expansion.
* Major Use Permit, UP 82-48 (Specific Plan of Development, PD 82-6):
o Approved the remodeling of existing structures and construction/placement of two new structures for staff housing.
* Major Use Permit, UP 84-58 (Specific Plan of Development, PD 82-6):
o Approved the remodeling of existing structures and construction of new resort related structures.
* Major Use Permit, UP 85-54 (Use Permit for Specific Plan of Development:
o Approved cottage industry involving the manufacture of furniture for sale, construction of a 900 square foot storage building and a vault toilet, and installation of a 2000 square foot tent.
* Major Use Permit, UP 87-29 (Amendments to Specific Plan of Development, PD 82-6):
o Approved an amendment to Specific Plan of Development, PD 82-06 and Use Permit, UP 87-29 to allow multi-family dwellings as well as single-family dwellings with no increase in the total number of dwelling units.
* Major Use Permit, UP 93-13 (Specific Plan of Development, PDC 93-1):
o Approved the expansion of an existing resort center, which included construction of a Wastsu Center, access road and the replacement of a cabin in the village area.
* Major Use Permit, UP 96-15 to allow Minor Modification of Existing Specific Plan:
o Allowed the construction of a temple, four (4) dwellings, twelve (12) sleeping cabins, two (2) kitchens, several pools and an addition to the conference center.
* Minor Modification, MMU 11-05 to existing General Plan of Development and Use Permit, UP 11-04 for Specific Plan of Development:
o Allowed the demolition of eighteen (18) RV units used for employee housing and replacement with fifteen (15) cabins for guest accommodations and the establishment of a private cemetery with twenty-seven (27) burial sites.
Staff is recommends approval of the General Plan Amendment (GPAP 16-08); Rezone (RZ 16-05); General Plan of Development (GPD 16-01) and a Major Use Permit (UP 16-11) for a Specific Plan of Development.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission recommend that the Board of Supervisors on the basis of the Initial Study No. 16-22 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Rezone, RZ 16-05, General Plan Amendment, GPAP 16-08 and General Plan of Development, GPD 16-01 as applied for by Heart Consciousness Church (Harbin Hot Springs) will not have a significant effect on the environment and thereof, recommend the Board of Supervisors approve the proposed Mitigated Negative Declaration with the findings listed in the Staff Report dated June 3, 201
Rezone
I move that the Planning Commission has reviewed and considered the environmental effects of this rezoning as set forth in the proposed Mitigated Negative Declaration which has been prepared for this project, and that the Planning Commission recommend that the Board of Supervisors approve the proposed rezoning applied for by Heart Consciousness Church (Harbin Hot Springs) on property located at on property located at 17514 State Highway 175, Whispering Pines, CA 95461; 18424, 19000, 19276 Harbin Hot Springs Road, Middletown, CA 95461 and 19103 State Highway 175, Middletown, CA 95461, APN: 013-009-21, 013-009-24, 013-011-46, 013-009-25 and 014-240-10, for reasons listed in the Staff Report dated June 3, 2019.
General Plan Amendment Approval
I move that the Planning Commission recommend that the Board of Supervisors make a motion of approval for the General Plan Amendment, GPAP 16-08 applied for by Heart Consciousness Church (Harbin Hot Springs) for the following reasons: The proposed General Plan Amendment is found to be consistent with the Lake County General Plan, the Middletown Area Plan, and the Lake County Zoning Ordinance; The proposed amendment is compatible with the existing land uses in the vicinity, and as outlined in the Initial Study, IS 16-22 prepared for this application, the proposed amendment will not result in any significant adverse environmental impacts and further direct staff to prepare a proposed resolution.
General Plan of Development
I move that the Planning Commission recommend to the Board of Supervisors to approve the General Plan of Development (GPD 16-01) applied by Heart Consciousness Church (Harbin Hot Springs) on property located at on property located at 17514 State Highway 175, Whispering Pines, CA 95461; 18424, 19000, 19276 Harbin Hot Springs Road, Middletown, CA 95461 and 19103 State Highway 175, Middletown, CA 95461, APN: 013-009-21, 013-009-24, 013-011-46, 013-009-25 and 014-240-10 and subject to the conditions and with the findings listed in the Staff Report dated June 3, 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
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Mark Roberts, Senior Planner
DATE: June 3, 2019
SUBJECT: General Plan Amendment, GPAP 16-08
Rezone, RZ 16-05
General Plan of Development, GPD 16-01
Major Use Permit, UP 16-11
Initial Study, IS 16-22
Supervisor District 1 and 5
ATTACHMENTS: 1. Vicinity Map
2. Project Description Packet
3. Proposed General Plan of Development Plans
4. Proposed Grading Plans
5. Proposed Conditions of Approval
6. Existing Zoning Designation Map
7. Existing General Plan Land Use Designation Map
8. Proposed Zoning Map & General Plan Land Use Designation Map - Exhibit "A"
9. Proposed Rezone Resolution
10. Proposed General Plan Amendment Resolution
11. Initial Study, IS 16-22
12. Agency Comments
EXECUTIVE SUMMARY:
The Valley Fire of 2015 was devastating to Harbin Hot Springs Resort, approximately 95% of the resorts development was either destroyed and/or damaged. Prior to the Valley Fire of 2015, Harbin Hot Springs was a mixed-use commercial resort with overnight accommodations, including but not limited to spa facilities, educational seminars, special events and restaurants. Since the Valley Fire of 2015, Harbin Hot Springs developed a detailed plan to redevelop the resort.
The applicant is requesting approval of a General Plan Amendment, Rezone, a General Plan of Development and a Major Use Permit for a Specific Plan of Development to allow a Mixed Use Commercial Resort with Overnight Accommodations, including but not limited to spa facilities, educational seminars, special events and restaurants. The resort would not be open to the general public and in order to be allowed on the resort premises, you must either be a member of the organization or a guest of a member. (Refer to Attachment 2 for details)
The applicant is requesting approval of the following:
General Plan Amendment Request:
PARCEL NUMBER
Current General Plan Designation
Proposed General Plan Designation
014-240-10
Rural Lands - Resource Conservation
Resort Commercial - Resource Conservation
013-009-24
Resource Conservation
Resort Commercial - Resource Conservation
Rezone Request:
PARCEL NUMBER
Current Zoning Designation
Proposed Zoning Designation
014-240-10
"RL-SC-WW"
Rural Lands - Waterway - Scenic Combining District
"PDC-WW-SC"
Planned Development Commercial - Waterway - Scenic Combining District
013-009-21
"PDC-DR"
Planned Development Commercial - Design Review
"PDC"
Planned Development Commercial
013-009-25
"PDC-DR-WW"
Planned Development Commercial - Design Review - Waterway
"PDC-WW"
Planned Development Commercial - Waterway
013-011-46
"PDC-DR"
Planned Development Commercial - Design Review
"PDC"
Planned Development Commercial
013-009-24
"PDC-DR-WW"
Planned Developed Commercial - Design Review Waterway
"PDC-WW"
Planned Developed Commercial -Waterway
General Plan & Specific Plan of Development:
A mixed-use commercial resort with overnight accommodations, which include but is not limited to the following:
* Hot springs pools
* Cold swimming pools & Cold Plunges
* Day use facilities
* Camping and Hiking
* Conference and Workshop Facilities with educational seminars
* Spa facilities and amenities
* Organic food market and restaurant
* Lounge areas
* Video theater
* Coffee shop.
* Overnight accommodation
* Recreational Classes
*
Supporting infrastructure for the mixed use resort includes but is not limited to: t
* Maintenance and Warehouse Infrastructure
* Various Administrative buildings that would support use (located on assessor parcel number 014-240-10, which is a separate parcel from the main resort infrastructure. By relocating the supporting infrastructure to a separate parcel, it would reduce the congestion throughout the main resort).\
*
Onsite Staff housing would include but is not limited to:
* 1 bedroom cabins
* 1 bedroom each duplexes
* 2 bedroom cabins and 2 buildings with private rooms and common facilities.
*
Operations and Maintenance of the resorts development:
* Performed by Harbin Hot Springs Staff/employees, including resident members and local Lake County residents.
*
Water Supply & Waste Management Systems:
In 2000, Harbin Hot Springs Resort switched from an existing onsite waste management disposal system (septic) to a public wastewater system which transports the wastewater to the Middletown Treatment Plant through a four (4) inch forced main.
According to the State Water Resource Control Board, Harbin Hot Springs has their own Public Water System (Permit # 170051 - State Water Resource Control Board - Division of Drinking Water). Additionally, water from Boggs Spring is piped to a holding tank through the Surface Water Treatment Plant located in the North Star Area of the resort.
The resort has a supplemental waster source, referred to as Well Number One (1) and the West Ridge Spring. The water from the above sources is piped to the surface water treatment plant. Once treated, the water is then piped to a 100,000 gallon water tank and is gravity fed throughout the resort.
Harbin Hot Springs is proposing to connect to an existing well (known as the Cerda Property) located at 20411 Big Canyon Road. The property is approximately 4.5 miles away from their Harbin Hot Springs Resort. It would be connected to their existing facilities through a minimum of a four (4) inch piping that would become a minimum of six (6) inch piping as it nears the resort.
Additional water sources during the summer and fall months would come from the Carbonate Spring, which is located above the Warm Pool on the Main Area Plan (Refer to Attachment 3, Sheet C3 for details) of the resort. The water from this springs is chlorinated at the spring and then gravity feed to a 23,000 gallon storage tank located near the Main Side Facility Area. Once chlorinated the water from spring is then gravity feed to the Main Side Facility Area.
All solid waste, including recyclable aluminum cans, glass, plastic, and cardboard would be collected daily by employees and brought to the salvage yard. All non - recyclable waste would be placed in large commercial containers and removed by an approved waste management company on a regular basis.
All sorted recyclable materials (aluminum cans, glass, plastic bottles and cardboard) would be hauled to appropriate recycling facilities by resort staff and all hazardous waste materials (such waste oil, automotive fluids, ect.) would be removed by commercial and/or industrial waste haulers.
Walking Bridge:
The applicant is proposing a Walking Bridge that would replace the previous bridge destroyed in the Valley Fire of 2015. The bridge would cross Harbin Creek and allow resort members, guest(s) and employees access to the convention center and pools. According to the applicant the proposed bridge would be approximately 5 feet in width and 93 feet in length with a 42 inch high safety railing on both side
The footing for the previous bridge (pre-valley Fire) were 40 inches from top of bank on the right hand side and greater than 40 inches from top of bank for the left side. According to the applicants Architect, the details of the footing type and footing depth is unknown as this time due to various variable, such as soil and subsurface conditions. The exact dimensions of the bridge and the footing are subject to change. (Refer to Attachment 2 for details)
Development Schedule [Approximate Time-Frame (subject to change)]:
Harbin Hot Springs Resort Tentative Developmental Schedule would be to complete the entire rebuild/development in three (3) phases. According to the applicant, the expected completion time for restoring Harbin Hot Springs is three (3) to five (5) years but some of the development may take up to ten (10) years to compete.
* Phase One (In progress and/or completed - applicant is rebuilding, replacing and/or renovating existing approved facilities) which includes but is not limited to the following:
o Opening the historical pools for day use, including new decking
o Meeting Accessibility requirements, including an elevator and three (3) retaining walls, utilities in the pool area and drainage. The Community Development Department has approved the above items on October 25, 2016.
o Rebuilding of thirteen (13) Cottage Grove Cabins.
o There would be approximately 70-75 staff members with the completion of Phase 1.
o The above improvement were considered exempt from CEQA, Class 1 [15301 Existing Facilities] as they were repairing and/or modifying existing facilities to meet today standards.
* Phase Two includes but is not limited to the following:
o Consist of making the surviving structures [discussed in Phase One (1)] operational
o Rebuild Domes One (1) and Two (2).
o Construction of a kitchen (outdoor kitchen, known as Meadow Kitchen), a Market and a pool complex located in the Meadow Area.
o There would be approximately 80-85 staff members with the completion of Phase 2.
* Phase Three includes but is not limited to the following:
o Consist of rebuilding the remaining structures to make Harbin Hot Springs fully operational, which includes but is not limited to the following:
o Main Facilities including a Dressing Room Structure with restroom facilities, including showers.
o Welcome Center (Reception Office)
o Massage/Spa Services
o Restaurant, Market
o Guest Rooms and Cabins
o Theater, Coffee Shop, Library
o Concierge and Administrative Offices
o Events Center and a Temple.
o This phase also consist of rebuilding the Staffing/Resident Housing and Workshops Facilities.
o There would be approximately 225-250 staff members with the completion of Phase 3
o
Previous Approved Land Use Applications:
* General Plan of Development, (PD 82-6):
o Approved Resort Expansion.
* Major Use Permit, UP 82-48 (Specific Plan of Development, PD 82-6):
o Approved the remodeling of existing structures and construction/placement of two new structures for staff housing.
* Major Use Permit, UP 84-58 (Specific Plan of Development, PD 82-6):
o Approved the remodeling of existing structures and construction of new resort related structures.
* Major Use Permit, UP 85-54 (Use Permit for Specific Plan of Development:
o Approved cottage industry involving the manufacture of furniture for sale, construction of a 900 square foot storage building and a vault toilet, and installation of a 2000 square foot tent.
* Major Use Permit, UP 87-29 (Amendments to Specific Plan of Development, PD 82-6):
o Approved an amendment to Specific Plan of Development, PD 82-06 and Use Permit, UP 87-29 to allow multi-family dwellings as well as single-family dwellings with no increase in the total number of dwelling units.
* Major Use Permit, UP 93-13 (Specific Plan of Development, PDC 93-1):
o Approved the expansion of an existing resort center, which included construction of a Wastsu Center, access road and the replacement of a cabin in the village area.
* Major Use Permit, UP 96-15 to allow Minor Modification of Existing Specific Plan:
o Allowed the construction of a temple, four (4) dwellings, twelve (12) sleeping cabins, two (2) kitchens, several pools and an addition to the conference center.
* Minor Modification, MMU 11-05 to existing General Plan of Development and Use Permit, UP 11-04 for Specific Plan of Development:
o Allowed the demolition of eighteen (18) RV units used for employee housing and replacement with fifteen (15) cabins for guest accommodations and the establishment of a private cemetery with twenty-seven (27) burial sites.
Staff is recommends approval of the General Plan Amendment (GPAP 16-08); Rezone (RZ 16-05); General Plan of Development (GPD 16-01) and a Major Use Permit (UP 16-11) for a Specific Plan of Development.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission recommend that the Board of Supervisors on the basis of the Initial Study No. 16-22 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Rezone, RZ 16-05, General Plan Amendment, GPAP 16-08 and General Plan of Development, GPD 16-01 as applied for by Heart Consciousness Church (Harbin Hot Springs) will not have a significant effect on the environment and thereof, recommend the Board of Supervisors approve the proposed Mitigated Negative Declaration with the findings listed in the Staff Report dated June 3, 201
Rezone
I move that the Planning Commission has reviewed and considered the environmental effects of this rezoning as set forth in the proposed Mitigated Negative Declaration which has been prepared for this project, and that the Planning Commission recommend that the Board of Supervisors approve the proposed rezoning applied for by Heart Consciousness Church (Harbin Hot Springs) on property located at on property located at 17514 State Highway 175, Whispering Pines, CA 95461; 18424, 19000, 19276 Harbin Hot Springs Road, Middletown, CA 95461 and 19103 State Highway 175, Middletown, CA 95461, APN: 013-009-21, 013-009-24, 013-011-46, 013-009-25 and 014-240-10, for reasons listed in the Staff Report dated June 3, 2019.
General Plan Amendment Approval
I move that the Planning Commission recommend that the Board of Supervisors make a motion of approval for the General Plan Amendment, GPAP 16-08 applied for by Heart Consciousness Church (Harbin Hot Springs) for the following reasons: The proposed General Plan Amendment is found to be consistent with the Lake County General Plan, the Middletown Area Plan, and the Lake County Zoning Ordinance; The proposed amendment is compatible with the existing land uses in the vicinity, and as outlined in the Initial Study, IS 16-22 prepared for this application, the proposed amendment will not result in any significant adverse environmental impacts and further direct staff to prepare a proposed resolution.
General Plan of Development
I move that the Planning Commission recommend to the Board of Supervisors to approve the General Plan of Development (GPD 16-01) applied by Heart Consciousness Church (Harbin Hot Springs) on property located at on property located at 17514 State Highway 175, Whispering Pines, CA 95461; 18424, 19000, 19276 Harbin Hot Springs Road, Middletown, CA 95461 and 19103 State Highway 175, Middletown, CA 95461, APN: 013-009-21, 013-009-24, 013-011-46, 013-009-25 and 014-240-10 and subject to the conditions and with the findings listed in the Staff Report dated June 3, 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
7.Non-Timed Items
8.Department Update
9.Adjournment