Planning Commission — Thursday, June 13, 2019

..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 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, 2019. 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

..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.

..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.