Planning Commission — Thursday, March 28, 2019

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: March 18, 2019 SUBJECT: Green Bear Farms Cali, LLC; Wais Amin. Major Use Permit (UP 18-35) and Initial Study (IS 18-43) Supervisor District 5 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 June 20, 2018 and July 2018. 6. Initial Study IS 18-43 EXECUTIVE SUMMARY: This is a request for four commercial cannabis licenses as follows: (1) M - Type 3B: "mixed-light": Cultivation for medicinal 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; and, (1) 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. (2) 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. The cultivation sites are located on a +54.65 acre property located at 4680 Clark Drive, Kelseyville. The applicant is proposing 49,728 square feet of cultivation area and 46,080 square feet (s.f.) of canopy area within (20) 2,304 s.f. greenhouses, a 3,000 s.f. metal processing building, two existing 330 s.f. covered workstations, and a 1,460 square foot greenhouse for new plant starts that is not included within the calculated canopy area. The site also contains a 24,000 s.f. medicinal marijuana cultivation area that will be used for commercial cannabis cultivation. The site will use an existing well, and a drip-micro spray irrigation system for water conservation. The greenhouse 'village' will be enclosed within a 6' tall wire fence with two gates for vehicular access into the compound. Existing ancillary facilities include on on-site well as the primary water source, a dwelling, a garage, and a 1,460 s.f. barn that will not be used for cannabis processing or cultivation. There is also a pump for the well, and an on-site septic system used by the dwelling, however the dwelling is not affiliated with the cannabis cultivation proposal. Immediate access to the site is taken from Clark 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 18-35). RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 18-43) applied for by Green Bear Farms Cali, LLC on property located at 4680 Clark Road, Kelseyville further described as APN: 008-042-04 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 March 18, 2019. Major Use Permit (UP 18-35) I move that the Planning Commission find that the Use Permit (UP 18-35) applied for by Green Bear Farms Cali, LLC on property located at 4680 Clark Road, Kelseyville further described as APN: 008-042-04 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 March 18, 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: March 18, 2019 SUBJECT: Rashid Perdue / Perdue Investments LLC. Major Use Permit (UP 18-40) and Initial Study (IS 18-53). APN: 008-047-33 and 008-047-24 Supervisor District 4 ATTACHMENTS: 1. Vicinity Map 2. Property Management Plan (available upon request) 3. Agency Comments 4. Proposed Conditions of Approval including Site Plan of Proposed Cultivation Sites 5. Existing and Proposed Site Plans dated August 2018. 6. Initial Study IS 18-53 EXECUTIVE SUMMARY: This is a request for two commercial cannabis licenses; one for a Type 3B "Medium Mixed-Light" cultivation area and one for a Type 1C "Specialty Cottage Mixed-Light" cultivation area. The total proposed cultivation area will be 34,080 square feet (sq. ft.), and the total proposed combined canopy area will be 23,040 sq. ft. The cultivation sites are located on a +35.41 and +4.14 acre property. Both properties are addressed as being located at 2775 Holdenreid Road, Kelseyville. The applicant is proposing a total combined canopy area of 23,040 square feet (s.f.) within twelve (12) 96' x 24' (2,304 s.f.) metal cold frame greenhouse structures, and two (2) 96' x 20' greenhouse structures. The entirety of the cultivation site is on APN 008-037-24. The applicant is also proposing a 56' wide by 60' long (3,360 sq. ft.) processing building (a metal barn). The twelve (12) primary 'cultivation' greenhouse structures will each contain three evenly spaced, 5-foot wide, 90-foot long, and 1-foot deep wooden framed planting beds. The applicant has four groundwater wells (existing), a 3,000-gallon plastic water storage tank, and a 576 s.f. wooden garage. The applicant will use a drip irrigation system to economize water usage. Immediate access to the site is taken from Holdenreid Road, a paved one-lane County road with no striping or shoulders. A driveway from the site connects to Holdenreid Road. There is a 1200+ s.f. manufactured dwelling on the site that will be used as a dwelling for the occupants of the site. Staff is recommending Approval with Conditions of Use Permit (UP 18-40). RECOMMENDED ACTION: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 18-53) applied for by Rashid Perdue representing Perdue Investments LLC on property located at 2775 Holdenreid Road, Kelseyville, further described as APN: 008-047-33 and 008-047-24 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 March 18, 2019. Major Use Permit (UP 18-40) I move that the Planning Commission find that the Use Permit (UP 18-40) applied for by Rashid Perdue representing Perdue Investments LLC on property located at 2775 Holdenreid Road, Kelseyville, further described as APN: 008-047-33 and 008-047-24 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 March 18, 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: March 18, 2019 SUBJECT: John Brosnan; Major Use Permit for Commercial Cannabis Cultivation (UP 18-38); Categorical Exemption (CE 19-20) Supervisor District 3 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 dated July 31, 2018 EXECUTIVE SUMMARY: The applicant seeks a major use permit for two A-Type 3 outdoor cannabis cultivation licenses. The property is located at 11739 Old Spruce Grove Road, Lower Lake; APN 012-032-04, and is 41.66 acres in size according to the applicant. Article 27 (Lake County Zoning Ordinance - Commercial Cannabis cultivation) allows for cannabis cultivation in certain zoning districts in Lake County with approval of a use permit. Cultivation areas include gardens, soil staging and material storage areas, and ancillary buildings. The property is zoned 'A-WW-FF', Agriculture-Waterway-Floodway Fringe. Cannabis cultivation is allowed in the Agriculture zone subject to use permit approval. The site had been approved for Early Activation in October 2018 (EA 18-37), but had never planted a crop in 2018 due to the lateness of the EA issuance in the growing season. The parcel is accessible by Old Spruce Grove Road, an existing paved but unstriped County maintained road. The proposed project area consists of two 180' x 242' A-Type 3 outdoor cultivation areas (each being 43,560 square feet [s.f.] in size). Also included in the cultivation area is a 3,118 s.f. processing building, a 613 s.f. storage area, and a 10' x 12' security / surveillance room. The applicant is proposing a total cultivation area of 90,971 s.f.; this is below the total 130,000 s.f. of allowable cultivation area based on the size of the property. The canopy area is not specifically identified but is believed to be (2x) 43,560 s.f. (87,120 s.f. of total canopy area). The Project Site is not within a community boundary or an exclusion area. The site contains soils that are mapped as 'prime farmland'. See map below. Farmland Map (green is prime farmland; yellow is of local importance) Proposed Site Plan of Cultivation Area (see Notes, next page) Processing Building (Shown as Building 'M', previous page) Water will be provided via on-site well. Conditions of approval require monitoring of the well to assure that the aquifer is adequately recharging. The applicant estimates that a total of 3.33 acre-feet or 1,085,084 gallons will be required annually. The water source is an existing 'agriculture well' that has a tested output of 5.02 gallons per minute (GPMs) with an unknown aquifer recharge rate. There is also a domestic well that is not proposed for use with the cannabis cultivation process. The water from the agriculture well will be pumped into four 2,500 gallon storage tanks. Sewage disposal will occur via new on-site septic system. There is presently a manufactured home on the site with a septic system serving it. Staff is recommending Approval of Use Permit UP 18-38. RECOMMENDED ACTION: Categorical Exemption I move that the Planning Commission find on the basis of Categorical Exemption (CE 19-20) prepared by the Planning Division and applied for by John Brosnan on property located at 11739 Old Spruce Grove Road, Lower Lake, and further described as APN: 012-032-04, 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 March 18, 2019. Use Permit I move that the Planning Commission find that the Use Permit (UP 18-38) applied for by John Brosnan on property located at 11739 Old Spruce Grove Road, Lower Lake further described as APN: 012-032-04, 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 March 18, 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: March 18, 2019 SUBJECT: Indigo Holdings LLC; Major Use Permit for Commercial Cannabis Cultivation (UP 18-27); Categorical Exemption (CE 19-17) 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 EXECUTIVE SUMMARY: The applicant seeks a major use permit for an A-Type 3 outdoor cannabis cultivation license. The property was created by parcel map and is 20.19 acres in gross area; APN 201-051-09. The property is located at 2001 Ladder Ridge Road, Upper Lake, and is zoned 'A', Agriculture. Article 27 (Lake County Zoning Ordinance - Commercial Cannabis cultivation) allows for cannabis cultivation in the Agricultural zoning district in Lake County with approval of a use permit. The parcel is accessible by Ladder Ridge Road, an existing unpaved County road. The Project Area consists of a 150' x 290' outdoor cultivation area, and a 3,000 square foot (s.f.) processing building. According to the site plans submitted by the applicant, the applicant is proposing a total cultivation area of 46,500 s.f.; this is below the total 65,000 s.f. of allowable cultivation area for an A-Type 3 outdoor cultivation license. The canopy area is 43,500 s.f. according to the applicant's agent via email received 2-27-2019. The project site is not within a community boundary or an exclusion area. The site contains Class 1 through 4 soils and soils of statewide and local importance. However, the 'prime soil' categorization does not require that the cannabis be grown in greenhouses, since the prime soils are not part of a larger area containing high value soil. Soil Categorization on Site Water will be provided via on-site well. The applicant has projected a total daily water use of 3000 gallons per day during cultivation, and 5,000 gallons per day during construction of the processing building for dust mitigation. Conditions of approval will require monitoring of the well to assure that the aquifer is adequately recharging. The applicant has indicated that the flow of the existing well was originally documented at 100 gallons per minute. Sewage disposal will occur via two on-site septic systems (one existing that serves the house; the 2nd will be new and will serve the processing building). There is presently a home on the site that will not be used for this cannabis cultivation process. Staff is recommending Approval with Conditions of Use Permit UP 18-27. RECOMMENDED ACTION: Categorical Exemption CE 19-17 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 19-17, as prepared by the Planning Division and applied for by Indigo Holdings, LLC on property located at 2001 Ladder Ridge Road, Upper Lake further described as APN: 201-051-09, that the use permit will not have a significant effect on the environment and therefore a Categorical Exemption shall be approved with the findings listed in the staff report dated March 18, 2019. Use Permit (UP 18-27) I move that the Planning Commission find that the Use Permit (UP 18-27) applied for by Indigo Holdings, LLC on property located at 2001 Ladder Ridge Road, Upper Lake further described as APN: 201-051-09, 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 March 18, 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.