Planning Commission — Thursday, May 23, 2019

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: May 13, 2019 SUBJECT: 707 Organics / Sandtner; Minor Use Permit (MUP 18-10) for Commercial Cannabis Cultivation, Initial Study (IS 18-16). APN: 012-056-44 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan (available upon request) 3. Agency Comments 4. Proposed Conditions of Approval 5. Existing and Proposed Site Plans 6. Initial Study IS 18-16 (original and revised) 7. Public Comments EXECUTIVE SUMMARY: The applicant is requesting one (1) A - Type 2B: "small mixed-light" cultivation for adult use cannabis to occur within three 30' x 96' greenhouses, representing a total cultivation area of 8,640 square feet. An A-Type 2B license is a small mixed light adult-use cultivation that occurs in a greenhouse, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or artificial lighting below a rate of 25 watts per square foot between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. Background The applicant originally proposed two use permits on the subject site. The first permit, UP 18-12, would have added a 42,084 square foot outdoor cannabis cultivation area to be located in the site of the 2018 early activation (file no. EA 18-06). A number of neighbors raised objections to the outdoor cultivation site for various reasons; consequently the first permit was withdrawn by the applicant on 11-11-2018, and no outdoor cannabis cultivation is being proposed at this location. The second permit, MUP 18-10, is still valid and proposes the cultivation license described in the previous paragraph. There are two dwellings on the subject site; the primary dwelling (1,660 s.f.) and a farm labor quarters (a 1,456 s.f. manufactured home). There is an existing garage on the site that is presently used to process the plants grown during early activation (1,200 square feet). The garage is served by a dirt driveway leading from the end of Hofacker Lane. The applicant is proposing a rainwater catchment system to be used as the sole cannabis irrigation water source; however there two existing wells on the site. The well log for the domestic well has been provided; the well test dated November 18, 1991 shows a continuous flow of 10 GPM over a four hour period of time. The second non-rainwater water source is from an underground spring, and is transported for potable water use from a 2" pipe. The projected water usage is about 15,000 gallons per month for the greenhouse grown plants. The rainwater catchment system would have ten 15,000 gallon tanks that would be filled using a gravity feed system for rainwater that is captured from the roofs of several structures including the two dwellings. There will be 5 total employees with 2 working at any given time. Access to the site is taken from Hofacker Lane, a public but gated dirt road. Site security will occur through the use of 16 cameras strategically placed at entrances and to provide maximum video coverage of various parts of the site. The Pomo Ranch subdivision is also secured by an electronic gate leading to the entrance of the subdivision near Highway 29. The cultivation area enclosing the greenhouses will be enclosed by a 7' tall screened metal cyclone fence with industrial grade locks. The processing area will be inside the garage in an 8' by 10' room, also capable of being locked. Staff is recommending Approval with Conditions of MUP 18-10 RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find that the original and revised Initial Study (IS 18-16) applied for by Stephan Sandtner representing 707 Organics on property located at 16983 Hofacker Lane, Lower Lake further described as APN: 012-056-44 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 13, 2019. Minor Use Permit (MUP 18-10) I move that the Planning Commission find that the Minor Use Permit (MUP 18-10) applied for by Stephan Sandtner representing 707 Organics on property located at 16983 Hofacker Lane, Lower Lake further described as APN: 012-056-44 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 May 13, 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: May 13, 2019 SUBJECT: Growing Cali Green LLC (Ray Houseknecht); Minor Use Permit (MUP 18-38) for Commercial Cannabis Cultivation, Categorical Exemption (CE 18-61). APN: 011-064-05 Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan (available upon request) 3. Agency Comments 4. Proposed Conditions of Approval 5. Existing and Proposed Site Plan EXECUTIVE SUMMARY: The applicant is proposing one (1) A - Type 2 "small outdoor" cultivation for adult use cannabis without the use of light deprivation and/or artificial lighting in the canopy area at any point in time between 5,001 and 10,000 square feet, inclusive, of total canopy size on one premises. The subject site is located at 10095 Kelsey Creek Drive, Kelseyville, and is known as APN 011-064-05. The subject site contains a primary dwelling served by private septic and well, and a 'hunter's cabin'. There is an existing greenhouse of undetermined size on the site; there is an 8' x 40' metal container, a shed of unknown size, and a vineyard that is enclosed by a 7' tall fence according to the site plan submitted. The house is served by an existing driveway consisting of 'hard packed gravel'. The proposed cultivation area is shown as being a 14,661 s.f. cultivation area enclosed by a 6' tall wooden fence. Article 27 of the Lake County Zoning Ordinance, subsection (at), specifies the range of canopy area for an A-Type 2 outdoor cultivation license, but not for the maximum cultivation area. The estimated water usage is 700 gallons per day, or about 21,000 gallons per month. This amount of proposed water usage is consistent with other comparably sized outdoor cannabis cultivation licenses. Access to the site is taken Kelsey Creek Drive, a paved County-maintained road. Staff is recommending Approval with Conditions of MUP 18-38. RECOMMENDED ACTION: Categorical Exemption CE 18-61 I move that the Planning Commission find on the basis of the findings provided by staff regarding past agricultural use of the property, that this project is Categorically Exempt from CEQA review via CE 18-61, as prepared by the Planning Division and applied for by Ray Houseknecht on property located at 10095 Kelsey Creek Drive, Kelseyville further described as APN: 011-064-05 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 13, 2019. Minor Use Permit (MUP 18-38) I move that the Planning Commission find that the Minor Use Permit (MUP 18-38) applied for by Ray Houseknecht on property located at 10095 Kelsey Creek Drive, Kelseyville further described as APN: 011-064-05 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 May 13, 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: May 13, 2019 SUBJECT: Zack Riley; Minor Use Permit (MUP 18-27) for Commercial Cannabis Cultivation, Initial Study (IS 18-30). APN: 003-031-22 Supervisor District 3 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 18-30 EXECUTIVE SUMMARY: The applicant is proposing one (1) A - Type 2 "small outdoor" cultivation for adult use cannabis without the use of light deprivation and/or artificial lighting in the canopy area at any point in time between 5,001 and 10,000 square feet (s.f.), inclusive, of total canopy size on one premises. The allowable cultivation area is undefined within Article 27 for A-Type 2 'small outdoor' commercial cannabis cultivations. According to the applicant's material submitted, the 'project area' is shown as being a 18,228 s.f. cultivation area enclosing a 9,408 s.f. of canopy area. There is a 6' tall fence that makes up the cultivation area. The subject site is located at 1320 Van Sleeper Road, Upper Lake, and is known as APN 003-031-22. The subject site contains a 1,080 s.f. dwelling unit on a septic system; a domestic well, and a 49' x 70' pole barn (3,430 s.f.). The house is served by an existing gravel driveway that takes access onto Van Sleeper Drive, a paved (narrow) public road that connects with Highway 20. The estimated water usage is 47,488 gallons per month according to the applicant's projected water use calculations (or about 500,000 gallons per year). This amount of proposed water usage is slightly higher than, but not inconsistent with, other comparably sized outdoor cannabis cultivation licenses. On-site water storage will occur through the use of (2) 2,500 gallon water holding tanks, and (1) 500 gallon 'cone tank' (also water), all of which will be used for irrigation of plants. Staff is recommending Approval with Conditions of MUP 18-27 RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 18-30) applied for by Zack Riley on property located at 1320 Van Sleeper Road, Upper Lake, further described as APN: 003-031-22 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 13, 2019. Minor Use Permit (MUP 18-27) I move that the Planning Commission find that the Minor Use Permit (MUP 18-27) applied for by Zack Riley on property located at 1320 Van Sleeper Road, Upper Lake, further described as APN: 003-031-22 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 May 13, 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: May 13, 2019 SUBJECT: One Love Organics LLC (Scott Kaiser); Minor Use Permit (MUP 18-41) for Commercial Cannabis Cultivation, Categorical Exemption (CE 19-24). APN: 620-071-11 Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan (available upon request) 3. Agency Comments 4. Proposed Conditions of Approval 5. Site Plans EXECUTIVE SUMMARY: The applicant is proposing one (1) A - Type 2 "small outdoor" cultivation for adult use cannabis without the use of light deprivation and/or artificial lighting in the canopy area at any point in time between 5,001 and 10,000 square feet (s.f.), inclusive, of total canopy size on one premises. The subject site is located at 2453 New Long Valley Road, Clearlake Oaks, and is known as APN 620-071-11. The subject site contains a 2000 s.f. dwelling unit on a septic system; a domestic well, a 30' x 25' garage, a 3000 s.f. secondary dwelling unit, a 4,250 s.f. barn, a 680 s.f. shop, and three 2,500 gallon water tanks. The house is served by an existing gravel driveway. The 'project area' is shown as being a 9,600 s.f. cultivation area enclosing a 5,080 s.f. canopy area with a 6' tall fence. Article 27 of the Lake County Zoning Ordinance, subsection (at), specifies the range of canopy area for an A-Type 2 outdoor cultivation license, which this applicant qualifies for. It is noteworthy that no new buildings or physical changes will occur on the site other than the change of use to add commercial cannabis as a permitted use on the site. The lack of physical site changes proposed enabled staff to Categorically Exempt this project from a CEQA review. 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 New Long Valley Road, an unpaved County road. Staff is recommending Approval with Conditions of MUP 18-41. RECOMMENDED ACTION: Categorical Exemption CE 19-24 I move that the Planning Commission find on the basis of the findings provided by staff regarding past agricultural use of the property, that this project is Categorically Exempt from CEQA review via CE 19-24, as prepared by the Planning Division and applied for by Layna Rivas on behalf of Scott Kaiser on property located at 2453 New Long Valley Road, Clearlake Oaks, further described as APN: 620-071-11 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 13, 2019. Minor Use Permit (MUP 18-41) I move that the Planning Commission find that the Minor Use Permit (MUP 18-41) applied for by Layna Rivas on behalf of Scott Kaiser on property located at 2453 New Long Valley Road, Clearlake Oaks, further described as APN: 620-071-11 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 May 13, 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: May 13, 2019 SUBJECT: Vivian Smith; Major Use Permit (UP 18-39) and Initial Study (IS 18-52). APN: 003-018-10 Supervisor District 3 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 18-52 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 29,880 square feet (s.f.) with a cannabis canopy of 19,920 s.f. The 33.4-acre Rural Residential and Rural Lands zoned Project Property is located within the Upper Cache Creek watershed (HUC8), Lower Scotts Creek sub-watershed (HUC12), on the eastern foothills of the Bachelor Valley. The Project Property is dominated by a bowl-shaped valley surrounded by steeper hills and canyons; with elevations on ranging from 1,385 to 1,620 feet above mean sea level. Soils of the Project Property are highly permeable yet shallow Bressa, Millsholm, and Pomo loams. Current and past land uses for the property are/were rural residential animal grazing. The Project Property is owned by the Entrust Group for Benefit of Michael R Smith. Michael Smith has given the applicant, Vivian Smith, permission to proceed with the proposed commercial cannabis cultivation operation once the proper permits and licenses have been obtained. The proposed cultivation site is located at 10544 Bachelor Valley Road, Witter Springs. Bachelor Valley Road is a paved County-maintained road at this location. The proposed cannabis cultivation area and associated facilities are accessed via an existing private gravel access driveway off of Bachelor Valley Road. The proposed cultivation method is via an above grade organic soil mixture in fabric garden beds with drip and microspray irrigation systems, within six 41.5' x 120' greenhouse structures composed of steel frames with a polycarbonate glaze. The proposed cultivation area will be surrounded by a 6-foot tall chain link fence with privacy slats. Ancillary facilities include a pond, two residences, a covered carport, and a garage. Proposed ancillary facilities include a proposed water supply well and a proposed 3,000 s.f. processing building, which would be constructed in the garage's footprint after its removal. Staff is recommending Approval with Conditions of Use Permit (UP 18-39). RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 18-52) applied for by Vivian Smith on property located at 10544 Bachelor Valley Road, Witter Springs, further described as APN: 003-018-10 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated May 13, 2019. Major Use Permit (UP 18-39) I move that the Planning Commission find that the Use Permit (UP 18-39) applied for by Vivian Smith on property located at 10544 Bachelor Valley Road, Witter Springs, further described as APN: 003-018-10 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 May 13, 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 Mark Roberts - Senior Planner DATE: May 13, 2019 SUBJECT: Minor Use Permit, MUP 18-46; Variance 19-01, Categorical Exemption, CE 18-71 Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Project Submittal Packet 3. Applicant's Response to Variance Questionnaire 4. Proposed Architectural Plans 5. Proposed Conditions of Approval 6. Letter of Support 7. Agency Comments 8. General Public Comments 9. Previously Approved Major Use Permit Staff Report & Conditions (UP 81-42 & UP 82-45) EXECUTIVE SUMMARY: The applicant is requesting approval of a Minor Use Permit to allow the collocation of telecommunication equipment on an existing approved sixty (60) foot tall AT&T Lattice Radio Tower (Use Permit, UP 82-45) as it has identified a significant gap in coverage. A Minor Use Permit is required as the applicant is proposing to exceed the current width of approximately 13 feet 10 inches to approximately 16 feet in width, which exceeds the allowable expansion of 10% pursuant to HR 3630, the Middle Class Tax Relief and Job creation Act of 2012. The proposed co-location of the telecommunication equipment would fill a significant gap in coverage near Main Street, State Highway 29, 175 and the surrounding area, including new in-building services by improving call quality, signal strength and wireless connection services for residents, local business, visitors/commuters and emergency service providers. The telecommunication equipment to be co-located includes, but is not limited to nine (9) antennas on three (3) sectors, mounted at a 57' centerline. The co-location equipment and all supporting ground equipment would be enclosed within an 8' X 20" wood equipment shed within the existing foot print of the AT&T telephone tower and switch station. Verizon would use the existing access route and entrance gate when accessing the facility. Additionally, the applicant has applied for a Variance pursuant to Article 52, Section 52.5 of the Lake County Zoning Ordinance requesting a reduction from the required twenty (20) foot wide access easement to allow the use of the existing ten (10) foot wide access easement with a dust free, all weather surface for the entire length and a reduction from the required 50 foot setback from surrounding property lines, when not located in a residential district pursuant to Article 71, Section 71.8(a)(17) to allow the existing setbacks. (Refer to Attachment 4 for details) There are existing utilities onsite and no grading is proposed at this time. According to the applicant a technician would conduct a site visit approximately once to twice a month for approximately thirty (30) minutes to ensure the facility is in working order and perform any necessary repairs or maintenance. RECOMMENDED ACTION: Categorical Exemption I move that the Planning Commission find this Minor Use Permit, MUP 18-46 and Variance, VR 19-01, applied for by Cellco Partnership (dba Verizon Wireless) on property located at 21347 State Highway 175, Middletown, further described as APN: 024-452-07 is exempt from CEQA as it falls within Categorical Exemption Class 3 set forth in the Staff Report dated May 13, 2019. Minor Use Permit I move that the Planning Commission find that the Minor Use Permit, MUP 18-46, applied for by Cellco Partnership (dba Verizon Wireless) on property located at 21347 State Highway 175, Middletown, further described as APN: 024-452-07 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 May 13, 2019. Variance I move that the Planning Commission find that the Variance, VR 19-01, applied for by Cellco Partnership (dba Verizon Wireless) on property located at 21347 State Highway 175, Middletown, further described as APN: 024-452-07 does meet the requirements of Section 52.54 of the Lake County Zoning Ordinance and the Variance be granted subject to the conditions and with the findings listed in the staff report dated May 13, 2019. Wireless Communication Facility Collocation Approval I move that the Planning Commission find that the Wireless Communication Collocation Facility applied for by Cellco Partnership dba Verizon Wireless on property located at 21347 State Highway 175, Middletown, further described as APN: 024-452-07 does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption which was approved for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated May 13, 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