Planning Commission — Thursday, April 25, 2019

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: April 15, 2019 SUBJECT: Mezzrow Meadows; Major Use Permit for Commercial Cannabis Cultivation (UP 18-42); Initial Study (IS 18-56) 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 received June 18, 2018 6. Initial Study IS 18-56 EXECUTIVE SUMMARY: The applicant seeks a major use permit for four (4) A-Type 3 outdoor cannabis cultivation licenses. The property was validated as a legal lot through file no. CC 18-11. The property is approximately 333 acres in size and is known as APNs 016-032-01, 016-025-04 and 002-043-01. The property is located at 21518, 20978 and 20866 Bartlett Springs Road, Lucerne, and is zoned 'RL', Rural Land. The site is located near the Colusa County line. Article 27 (Lake County Zoning Ordinance - Commercial Cannabis cultivation) allows for cannabis cultivation in the Rural Land zoning district in Lake County with approval of a use permit. The parcel is accessible by Bartlett Springs Road, an unimproved County road. The Project Area will consist of four 1-acre cultivation areas; a 1200 s.f. building to be used for drying the cannabis plants, forty-six (46) 3,000 gallon water tanks, and a 1,000 square foot (s.f.) building to be used for waste storage. According to the site plans submitted by the applicant, the applicant is proposing a total cultivation area of 174,240 s.f. of cultivation area for four (4) A-Type 3 outdoor cultivation licenses. The canopy area is not identified within the materials submitted. The project site is not within a community boundary or an exclusion area. The site contains no mapped soils of statewide or local importance. A gate will block vehicle access on the road entering the parcel. A motion-detecting camera will monitor the gate. Fourteen cameras, each with a 65-foot range, will be used and will be set up at each corner of the cultivation areas as well as the entrance gate and in all areas that cannabis vegetative material waste is handled and stored. The cultivation operation will draw water from the existing diversion water supply from the existing reservoir, which will then be stored within the forty-six (46) 3,000 gallon storage tanks. The water diversion is permitted by Initial Statement of Water Diversion and Use for domestic purposes under Permit No. S027494. The projected monthly water usage is 174,000 gallons during peak season. Irrigation lines will utilize gravity of the natural slopes to minimize pumping. The irrigation system for the canopy will be equipped with rain-detecting auto shutoff valves as well as an automated system to precisely control the proper agronomic rate of watering. Hours of operation will be sunup to sundown daily, with deliveries and pickups Monday through Saturday 9:00 am to 7:00 pm and Sunday 12:00 pm to 5:00 pm. Staff is recommending Approval with Conditions of Use Permit UP 18-42. RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find on the basis of Initial Study (IS 18-56) prepared by the Planning Division and applied for by Mezzrow Meadows LLC on property located at 21518, 20978 and 20866 Bartlett Springs Road, Lucerne further described as APNs: 016-032-01, 016-025-04 and 002-043-01 that the use permit 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 April 15, 2019. Use Permit (UP 18-27) I move that the Planning Commission find that the Use Permit (UP 18-42) applied for by Mezzrow Meadows LLC on property located at 21518, 20978 and 20866 Bartlett Springs Road, Lucerne further described as APNs: 016-032-01, 016-025-04 and 002-043-01 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and the Use Permit be granted subject to the conditions and with the findings listed in the staff report dated April 15, 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 Daniel Houck, Assistant Planner DATE: April 15, 2019 SUBJECT: Lawrence Johnson, Halakona Inc.; Minor Use Permit MUP 19-08, Commercial Cannabis Cultivation; Categorical Exemption, CE 19-13. Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Proposed Conditions of Approval 4. Existing/Proposed Site Plan EXECUTIVE SUMMARY: The applicant is requesting approval of a Minor Use Permit, which would modify an already approved Minor Use Permit, MUP 18-09. The modification consists of adding a self-distribution license as well as expanding the square footage of the canopy and cultivation area. The self-distribution license would allow the applicant to take the cannabis off the property themselves to another licensed cannabis entity including manufacturers, processors, or other distributors. It is predicted that there will be 2-4 trips per month. As far as the expansion goes, the currently approved canopy area is 1,440 square feet with 3,564 square feet of cultivation area, which is proposed to increase to 2,304 square feet of canopy area and 3,769 square foot of cultivation area. This expansion will allow the applicant to utilize the second existing greenhouse on the property. Staff Recommends approval of Minor Use Permit, MUP 19-08. RECOMMENDED ACTION: Categorical Exemption I move that the Planning Commission find this Minor Use Permit, MUP 19-08, applied for by Lawrence Johnson, Halakona Inc. on property located at 11322 Bottle Rock Road, Cobb, and further described as APN 011-068-067 is exempt from CEQA as it falls within Categorical Exemption Class 4 set forth in the Staff Report dated April 15, 2019. Minor Use Permit Approval I move that the Planning Commission find that the Minor Use Permit, MUP 19-08, applied for by Lawrence Johnson, Halakona Inc. on property located at 11322 Bottle Rock Road, Cobb, and further described as APN 011-068-067 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 April 15, 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 DATE: April 15, 2019 SUBJECT: Resolution of Intent and Ordinance Amendment, AM 19-02 to Amend Chapter 21 of the Lake County Zoning Ordinance to allow amendments to Article 27 pertaining to adult personal use, qualified patient and primary caregiver cultivation, commercial cannabis cultivation and to establish a permit process for microbusiness and amendments to Article 18 to allow retail sales of cannabis subject to obtaining a Major Use Permit and amend Article 19 allow retail sales of Cannabis as a permitted use. ATTACHMENT: A. Existing County Code sections of Chapter 21 with strikeout B. Proposed Resolution of Intent C. Proposed Ordinance EXECUTIVE SUMMARY: On April 2, 2019, staff received direction from the Board of Supervisors to move forward with the following amendments to Chapter 21 of the Lake County Code pertaining to streamlining the permit process for adult personal use, qualified patient and primary caregiver cultivation, commercial cannabis cultivation and to establish a permit process for microbusiness and amendments to Article 18 to allow retail sales of cannabis subject to obtaining a Major Use Permit and amend Article 19 allow retail sales of Cannabis as a permitted use. Adult personal use, qualified patient and primary caregiver cultivation The Article proposes amendments that streamline the section. Nothing substantial was removed except for the applicable definitions are being relocated to Article 68. Commercial cannabis cultivation The following section are proposed for removal: � Enforcement � Variance � Water sphere of influence from exclusion zone � Minor use permit for legal nonconforming Article 72 � Early Activation as a separate permit type � Remove the four permit types per applicant limitation � Remove the four per parcel limitation as long as they meet density requirements � Cultural resources � Energy Usage � Water Resources � Except keep mapping requirement and move to site plan � Water Use Management Plan requirement to obtain approval from Water Resources � Requirement to be consistent with Model Water Efficiency Landscape ordinance The following sections are proposed to be modified: � Do you plan on using Co2 Enhancement? � Require submittal of Elevations for proposed construction � Allow clustering subject to the following: � All parcels qualify to apply for a permit � Title is held identically on all parcels � All required cultivation setbacks are maintained � A deed restriction or alternative is recorded on the parcels where the density had been transferred which prohibits commercial cannabis cultivation. � Require the Water Use Availability Analysis to be prepared by a qualified individual Staff recommends that all applicable definitions be moved to Article 68 where all other Zoning Ordinance definitions are located. RECOMMENDED ACTION: Resolution of Intent I offer the Resolution of Intent to amend Chapter 21 of the Lake County Zoning Ordinance. Sample Motions: Categorical Exemption I move that the Planning Commission find this Zoning Ordinance text amendment (AM 19-02) is exempt from CEQA Guidelines pursuant to �15061(b)(3). Zoning Ordinance Text Amendment Approval I move that the Planning Commission recommend that the Board of Supervisors approve the proposed Zoning Ordinance text amendment (AM 19-02) applied for by the County of Lake for the reasons listed in the staff report dated April 15, 2019.