Planning Commission — Thursday, February 28, 2019
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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
5.Public Input
6.Timed Items - Public Hearings
6a.9:04 a.m. - Public Hearing on consideration of a Major Use Permit (UP 18-19). The project applicant is MIKE MITZEL, KONOCTI DIVERSIFIED AGRICULTURE proposing a Commercial Cannabis Cultivation License, A-Type 3b indoor to allow 17,850 square feet of canopy area inside a 41,060 square foot greenhouse cultivation area. The project is located at 3430 Gaddy Lane, Kelseyville and further described as APN 008-027-11. Environmental Evaluation: Mitigated and revised Mitigated Negative Declaration (IS 18-23). (Eric Porter) (Continued from February 14, 2019)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant proposes a 'mixed light' cannabis cultivation license for cannabis cultivation inside a greenhouse 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 via A-Type 3B license. The project site is located on a 20.11 acre parcel (APN 008-027-11) at 3430 Gaddy Lane, Kelseyville. The site is under a Williamson Act contract. The entire site is also located within the AO flood zone. Total proposed cultivation area is 41,060 s.f., and the proposed canopy area is 17,850 s.f. Cultivation areas include gardens, soil staging and material storage areas, and ancillary buildings.
The parcel is accessible by Gaddy Lane, an existing paved County maintained road. Gaddy Lane is a scenic road; the building is set back more than 500 feet from the Gaddy Lane right-of-way, so the height restrictions associated with the scenic combining district overlay do not apply to the proposed greenhouse. The actual project includes a proposed greenhouse 41,060 square feet in size and 29 feet tall, which would be enclosed by a fence and situated in the approximate center of the parcel. Within this greenhouse would be 17,850 square feet of canopy area; 3,570 square feet of cultivation 'bench area' for non-flowering plants, and 8,120 square feet of area to be used as an office.
The applicant can have up to 43,560 s.f. of total cultivation area for an A-Type 3B cultivation license per Article 27 of the Lake County Zoning Ordinance.
The cannabis plants will not be visible from public roads or neighboring lots because they will be located inside the greenhouse. The application indicates up to 10 employees per peak shift. There are presently 5 parking spaces on the site, and the application indicates that an additional 10 to 15 spaces will be added. Accessibility requirements for this commercial use include, but are not limited to, lavatories, parking spaces, and pedestrian pathways within and leading to the greenhouse.
The operation would use 3 fleet vehicles (light duty trucks), a 'scissor lift', and a forklift. The applicant anticipates 4 to 5 flatbed trucks will be used during construction which will according to the application material submitted occur between 7 am and 4 pm Monday through Friday following approval of this use permit. Equipment will be staged and stored adjacent to the construction site and on the subject lot.. It is anticipated that less than 50 cubic yards of soil would be removed during construction. A 6" thick concrete slab will be poured to support the greenhouse structure.
The applicant has indicated that greenhouse and site construction will take between 8 months and 1 year.
The site is outside the Kelseyville Community Growth Boundary. The entire site contains Class 1 through 4 soils that are stable. The soil on the site is categorized as Prime Farmland. On Prime Farmland, all cultivation must take place indoors; thus the applicant has proposed the greenhouse.
Water will be provided via existing on-site wells. The applicant estimates that the plants will require approximately 1800 gallons of water per day; the primary well produces approximately 190 gallons per minute.
Wastewater disposal will occur via a new on-site septic system. There is presently a two bedroom manufactured home on the site, however the applicant proposes new restrooms for employees within the greenhouse, requiring a separate system.
Staff recommends Approval with Conditions of Use Permit UP 18-19.
RECOMMENDED ACTION:
Mitigated Negative Declaration (IS 18-23)
I move that the Planning Commission find on the basis of the Initial Study (IS 18-23) prepared by the Planning Division and applied for by Mike Mitzel representing Konocti Diversified Agriculture LLC on property located at 3430 Gaddy Lane, Kelseyville further described as APN: 008-027-11, 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 February 14, 2019.
Major Use Permit (UP 18-19)
I move that the Planning Commission find that the Use Permit (UP 18-19) applied for by Mike Mitzel representing Konocti Diversified Agriculture LLC on property located at 3430 Gaddy Lane, Kelseyville further described as APN: 008-027-11 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 February 14, 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: February 14, 2019
SUBJECT: Konocti Diversified Agriculture LLC; Major Use Permit for Commercial Cannabis Cultivation (UP 18-19); Initial Study (IS 18-23)
Supervisor District 4
ATTACHMENTS: 1. Vicinity Map
2. Existing and Proposed Site Plans, Elevations, Lighting Plan
3. Property Management Plan (available upon request)
4. Agency Comments
5. Proposed Conditions of Approval
6. Initial Study IS 18-23
7. Public Comments
EXECUTIVE SUMMARY:
The applicant proposes a 'mixed light' cannabis cultivation license for cannabis cultivation inside a greenhouse 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 via A-Type 3B license. The project site is located on a 20.11 acre parcel (APN 008-027-11) at 3430 Gaddy Lane, Kelseyville. The site is under a Williamson Act contract. The entire site is also located within the AO flood zone. Total proposed cultivation area is 41,060 s.f., and the proposed canopy area is 17,850 s.f. Cultivation areas include gardens, soil staging and material storage areas, and ancillary buildings.
The parcel is accessible by Gaddy Lane, an existing paved County maintained road. Gaddy Lane is a scenic road; the building is set back more than 500 feet from the Gaddy Lane right-of-way, so the height restrictions associated with the scenic combining district overlay do not apply to the proposed greenhouse. The actual project includes a proposed greenhouse 41,060 square feet in size and 29 feet tall, which would be enclosed by a fence and situated in the approximate center of the parcel. Within this greenhouse would be 17,850 square feet of canopy area; 3,570 square feet of cultivation 'bench area' for non-flowering plants, and 8,120 square feet of area to be used as an office.
The applicant can have up to 43,560 s.f. of total cultivation area for an A-Type 3B cultivation license per Article 27 of the Lake County Zoning Ordinance.
The cannabis plants will not be visible from public roads or neighboring lots because they will be located inside the greenhouse. The application indicates up to 10 employees per peak shift. There are presently 5 parking spaces on the site, and the application indicates that an additional 10 to 15 spaces will be added. Accessibility requirements for this commercial use include, but are not limited to, lavatories, parking spaces, and pedestrian pathways within and leading to the greenhouse.
The operation would use 3 fleet vehicles (light duty trucks), a 'scissor lift', and a forklift. The applicant anticipates 4 to 5 flatbed trucks will be used during construction which will according to the application material submitted occur between 7 am and 4 pm Monday through Friday following approval of this use permit. Equipment will be staged and stored adjacent to the construction site and on the subject lot.. It is anticipated that less than 50 cubic yards of soil would be removed during construction. A 6" thick concrete slab will be poured to support the greenhouse structure.
The applicant has indicated that greenhouse and site construction will take between 8 months and 1 year.
The site is outside the Kelseyville Community Growth Boundary. The entire site contains Class 1 through 4 soils that are stable. The soil on the site is categorized as Prime Farmland. On Prime Farmland, all cultivation must take place indoors; thus the applicant has proposed the greenhouse.
Water will be provided via existing on-site wells. The applicant estimates that the plants will require approximately 1800 gallons of water per day; the primary well produces approximately 190 gallons per minute.
Wastewater disposal will occur via a new on-site septic system. There is presently a two bedroom manufactured home on the site, however the applicant proposes new restrooms for employees within the greenhouse, requiring a separate system.
Staff recommends Approval with Conditions of Use Permit UP 18-19.
RECOMMENDED ACTION:
Mitigated Negative Declaration (IS 18-23)
I move that the Planning Commission find on the basis of the Initial Study (IS 18-23) prepared by the Planning Division and applied for by Mike Mitzel representing Konocti Diversified Agriculture LLC on property located at 3430 Gaddy Lane, Kelseyville further described as APN: 008-027-11, 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 February 14, 2019.
Major Use Permit (UP 18-19)
I move that the Planning Commission find that the Use Permit (UP 18-19) applied for by Mike Mitzel representing Konocti Diversified Agriculture LLC on property located at 3430 Gaddy Lane, Kelseyville further described as APN: 008-027-11 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 February 14, 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.
6b.9:05 a.m. - Public Hearing on consideration of a Major Use Permit (UP 17-03). The project applicant is COMSITE WEST/Gary Shawl, Owner proposing an unmanned 190-foot lattice telecommunication tower, including ancillary facilities within an enclosed 10,000 square foot leased area with a six (6) foot perimeter fence. The tower would consist of a 800 Amp Multi-Meter Electrical Service Panel, one (1) twenty-foot tall VHF MASTER RX Whip for Public Safety Systems, and four (4) of the following: carrier ground lease areas; carrier antenna centerlines; microwave dish and appurtenance centerlines; one (1) public safety system ground lease area and antenna centerlines. The project is located at 20114, 20226 & 20662 E. State Highway 20, Clearlake Oaks and further described as APNs 010-009-42, 010-009-39 & 010-009-40. Environmental Evaluation: Mitigated Negative Declaration (IS 17-10). (Mark Roberts)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
On March 21, 2017, the applicant submitted a Major Use Permit, UP 17-03 pursuant to Article 27, Section 27.11(ar) and Article 42, Section 42.14 "Height Exceptions, General: The maximum height limitations of this Article and Chapter may be exceed upon securing a major use permit" to allow the construction of an over height Wireless Telecommunication Facility located approximately 6.5 air miles Southeast of Clearlake Oaks, and approximately one (1) mile to the north of State Highway 20. The tower is proposed at 190 feet, exceeding the allowable height by forty (40) feet.
Originally, the applicant proposed to construct a 150 foot tall lattice tower with an additional 20 foot tall VHF Master RX Whip Antenna for Public Safety Systems for an overall height of 170 feet. However, according to the applicant, upon further evaluation, it was determined due to the emerging wireless technologies (such as the nationwide wireless telecommunications network dedicated to public safety that AT&T has been selected to construct - i.e. the First Responder Network Authority, a/k/a First Net, an independent authority established by Congress) and how microwave paths travel from the original proposed height of 170 feet, the ridgeline approximately one (1) mile west of project site would likely cause physical interference with the path
Therefore, the applicant is now requesting approval of the Major Use Permit, UP 17-03 to allow an over-height, unmanned 170 foot tall lattice wireless telecommunication tower, with an additional twenty (20) foot Tall VHF Master RX Whip Antennas for Public Safety Systems, which brings the overall height to approximately 190 feet. The proposed tower would allow up to four (4) major wireless network/providers as well as an area for public safety providers and smaller commercial wireless providers.
According to the applicant and the revised project Description dated January 28, 2019, all other aspects of the original tower and compound design would remain the same. The proposed 190-foot lattice tower would be contained within a leased area approximately 10,000 square feet in size (100 X 100) with a six (6) foot perimeter fence. The proposed tower would consists of the following:
* An 800 Amp Multi-Meter Electrical Service Panel
* One (1) - twenty (20) foot tall VHF MASTER RX Whip for Public Safety Systems.
* Four (4) future carrier ground lease areas.
* Four (4) future carrier antenna centerlines
* Four (4) microwave dish and appurtenance centerlines.
* One (1) future public safety systems ground lease area and antenna centerlines.
Currently, the project site is accessible from an existing fifty (50) foot wide utility easement beginning from State Highway 20 according to a "Declaration Creating Road and Utility Easements (Doc. # 006964443) dated January 23, 1979 from the Lake County Recorders/Assessor Office.
Shortly, before entering the area to be developed the easement narrows to approximately twenty (20) feet in width (Refer to Attachment 2 for details). According to the applicant, the existing access easement crosses Middle Creek at a natural ford which has been used by the residence on APN 010-009-42 and the Yolo County Flood Control and Water Conservation District State - 312 High Voltage Facility for more than twenty (20) years. The applicant submitted a letter dated August 10, 2018, from the California Department of Fish and Wildlife. The letter, indicates, the applicant is in the process of submitting and obtaining the Notification of Lake or Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602.
The applicant proposes to adjust the existing access road/easement on APN 010-009-42. The existing access easement/roadway approximately 10 to 15 feet west of its current location. The relocation of the roadway would improve the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, Yolo County Flood Control, and Water Conservation District Station 312 High Voltage Facility, surrounding residents, and emergency personnel. In order to move the roadway ten (10) to fifteen (15) feet to the west, approximately two (2) oak trees with a breast height diameter greater than five (5) inches would have to be removed.
Additionally, in connection with this revised tower design, CSW requested its environmental consultant, Earth-Touch, Inc. [the author of the original National Environmental Policy Act(NEPA) Report submitted to the County with the original planning application] to evaluate the proposed increase in tower height with respect to environmental review obligations under NEPA. According to the letter from Earth-Touch, Inc., dated August 9, 2018, indicates that no further environmental review or actions, or consultations mandated by Section 106 of the National Historic Preservation Act related to this revised tower design are necessary to comply with the requirements of NEPA.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study No. 17-10 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Use Permit, UP 17-03 as applied for by Comsite West 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 February 15, 2019.
Major Use Permit
I move that the Planning Commission find that the Use Permit, UP 17-03 applied by Comsite West on property located at on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, CA 95423 further described as APN: 010-009-42 and 010-009-39 & 010-009-40 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in the Staff Report dated February 15, 2019.
Wireless Communication Facility Approval
I move that the Planning Commission find that the Wireless Communication facility applied for by Comsite West on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, CA 95423 further described as APN: 010-009-42 and 010-009-39 & 010-009-40 does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated February 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
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Mark Roberts, Associate Planner
DATE: February 15, 2019
SUBJECT: Major Use Permit, UP 17-03; and Initial Study, IS 17-10.
Supervisor District 3
ATTACHMENTS: 1. Vicinity Map
2. Proposed Project Packet
3. Proposed Conditions of Approval
4. Proposed Site Plans
5. Overlay Zoning District Map
6. Letters of Support - Emergency Service Providers
7. Initial Study, IS 17-10
8. Agency Comments
9. California Dept. of Fish & Wildlife Letter dated October 25, 2018.
10. National Environmental Policy Act FCC-Focused Checklist Evaluation dated January 9, 2019.
EXECUTIVE SUMMARY:
On March 21, 2017, the applicant submitted a Major Use Permit, UP 17-03 pursuant to Article 27, Section 27.11(ar) and Article 42, Section 42.14 "Height Exceptions, General: The maximum height limitations of this Article and Chapter may be exceed upon securing a major use permit" to allow the construction of an over height Wireless Telecommunication Facility located approximately 6.5 air miles Southeast of Clearlake Oaks, and approximately one (1) mile to the north of State Highway 20. The tower is proposed at 190 feet, exceeding the allowable height by forty (40) feet.
Originally, the applicant proposed to construct a 150 foot tall lattice tower with an additional 20 foot tall VHF Master RX Whip Antenna for Public Safety Systems for an overall height of 170 feet. However, according to the applicant, upon further evaluation, it was determined due to the emerging wireless technologies (such as the nationwide wireless telecommunications network dedicated to public safety that AT&T has been selected to construct - i.e. the First Responder Network Authority, a/k/a First Net, an independent authority established by Congress) and how microwave paths travel from the original proposed height of 170 feet, the ridgeline approximately one (1) mile west of project site would likely cause physical interference with the path
Therefore, the applicant is now requesting approval of the Major Use Permit, UP 17-03 to allow an over-height, unmanned 170 foot tall lattice wireless telecommunication tower, with an additional twenty (20) foot Tall VHF Master RX Whip Antennas for Public Safety Systems, which brings the overall height to approximately 190 feet. The proposed tower would allow up to four (4) major wireless network/providers as well as an area for public safety providers and smaller commercial wireless providers.
According to the applicant and the revised project Description dated January 28, 2019, all other aspects of the original tower and compound design would remain the same. The proposed 190-foot lattice tower would be contained within a leased area approximately 10,000 square feet in size (100 X 100) with a six (6) foot perimeter fence. The proposed tower would consists of the following:
* An 800 Amp Multi-Meter Electrical Service Panel
* One (1) - twenty (20) foot tall VHF MASTER RX Whip for Public Safety Systems.
* Four (4) future carrier ground lease areas.
* Four (4) future carrier antenna centerlines
* Four (4) microwave dish and appurtenance centerlines.
* One (1) future public safety systems ground lease area and antenna centerlines.
Currently, the project site is accessible from an existing fifty (50) foot wide utility easement beginning from State Highway 20 according to a "Declaration Creating Road and Utility Easements (Doc. # 006964443) dated January 23, 1979 from the Lake County Recorders/Assessor Office.
Shortly, before entering the area to be developed the easement narrows to approximately twenty (20) feet in width (Refer to Attachment 2 for details). According to the applicant, the existing access easement crosses Middle Creek at a natural ford which has been used by the residence on APN 010-009-42 and the Yolo County Flood Control and Water Conservation District State - 312 High Voltage Facility for more than twenty (20) years. The applicant submitted a letter dated August 10, 2018, from the California Department of Fish and Wildlife. The letter, indicates, the applicant is in the process of submitting and obtaining the Notification of Lake or Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602.
The applicant proposes to adjust the existing access road/easement on APN 010-009-42. The existing access easement/roadway approximately 10 to 15 feet west of its current location. The relocation of the roadway would improve the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, Yolo County Flood Control, and Water Conservation District Station 312 High Voltage Facility, surrounding residents, and emergency personnel. In order to move the roadway ten (10) to fifteen (15) feet to the west, approximately two (2) oak trees with a breast height diameter greater than five (5) inches would have to be removed.
Additionally, in connection with this revised tower design, CSW requested its environmental consultant, Earth-Touch, Inc. [the author of the original National Environmental Policy Act(NEPA) Report submitted to the County with the original planning application] to evaluate the proposed increase in tower height with respect to environmental review obligations under NEPA. According to the letter from Earth-Touch, Inc., dated August 9, 2018, indicates that no further environmental review or actions, or consultations mandated by Section 106 of the National Historic Preservation Act related to this revised tower design are necessary to comply with the requirements of NEPA.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study No. 17-10 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Use Permit, UP 17-03 as applied for by Comsite West 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 February 15, 2019.
Major Use Permit
I move that the Planning Commission find that the Use Permit, UP 17-03 applied by Comsite West on property located at on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, CA 95423 further described as APN: 010-009-42 and 010-009-39 & 010-009-40 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in the Staff Report dated February 15, 2019.
Wireless Communication Facility Approval
I move that the Planning Commission find that the Wireless Communication facility applied for by Comsite West on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, CA 95423 further described as APN: 010-009-42 and 010-009-39 & 010-009-40 does meet the requirements of Section 71.13 of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration which was adopted for this project and the Wireless Communication Facility be granted subject to the conditions and with the findings listed in the staff report dated February 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
6c.9:25 a.m. - Public Hearing on consideration of a Major Use Permit (UP 17-16). The project applicant is BRELJE & RACE CONSULTING ENGINEERS/Sunrise Shore Mutual Water Company proposing upgrades to existing private water district to achieve compliance with State drinking water regulations and enhance fire protection capabilities. Project includes: abandonment of two existing wells, drilling one new well, installation of new water treatment facility and structure to contain equipment, and replacement of treated water storage tanks. The project is located at 6030 Sunrise Court, 6130 & 6200 Sunrise Drive and 5950 Peninsula Road, Lower Lake and further described as APNs 043-302-04 & 06, 043-310-05 & 043-303-10. Environmental Evaluation: Mitigated Negative Declaration (IS 17-39). (Mireya Turner)
Public Hearing
Staff memo
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Mireya G. Turner, Associate Planner
DATE: February 15, 2019
SUBJECT: Major Use Permit, UP 17-16; Initial Study, IS 17-39 for improvements to Sunrise Shore Mutual Water Company facilities; project located at 6130 & 6200 Sunrise Dr., 6030 Sunrise Ct., & 5950 Peninsula Rd., Lower Lake (APNs 043-302-04 & 06, 043-310-05, and 043-303-10)
Supervisor Districts 1 & 5
ATTACHMENTS: 1. Vicinity Map
2. Proposed Conditions of Approval
3. Proposed Project Packet (plans included)
4. Initial Study, IS 17-39
5. Agency Comments
6. MUP 08-14 Conditions
7. MUP 08-14 Site Plans
EXECUTIVE SUMMARY:
The applicant proposes upgrades to the existing Sunrise Shore Mutual Water system to allow necessary upgrades to the existing Sunrise Shore Mutual Water system in order to achieve compliance with State drinking water regulations and enhance fire protection capabilities. The improvements to the system include the following:
* Grade water tank site to increase work space and construct retaining wall
* Remove existing water treatment system and redwood water cisterns
* Abandon and destroy two existing, non-producing wells
* Install new water treatment facility, including aeration and backwash water settling and recycling storage tanks
* Drill one new well on an adjacent parcel, and Equip with a submersible pump, well air vent, sample tap, check valve, and Web-based controls/SCADA
* Replace two existing 15,000 gallon redwood water storage tanks with two bolted-steel tanks, each with 45,000 gallon capacity
* Construct new 140 square foot (10' x 14') wood frame building to house treatment equipment
* Install propane tank as a backup power source
* Improve access driveway to allow all-weather access to the site
* Install access gate
The initial study was sent to the Clearing House for state agency review, from November 7 to December 7, 2018, and received no comments.
Staff recommends approval of Major Use Permit, UP 17-16.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study No. 17-39 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Use Permit, UP 17-16 as applied for by Brelje & Race Consulting Engineers, on behalf of Sunrise Shore Mutual Water District, 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 January 29, 2019.
Major Use Permit
I move that the Planning Commission find that the Use Permit, UP 17-16 applied for by Brelje & Race Consulting Engineers, on behalf of Sunrise Shore Mutual Water District, on property located at 6130 & 6200 Sunrise Drive, 6030 Sunrise Court, and 5150 Peninsula Road, Lower Lake, further described as APNs 043-302-04 & 06, 043-310-05 & 043-303-10 does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and grant the Major Use Permit subject to the conditions and with the findings listed in the Staff Report dated January 29, 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.9:40 a.m. - Public Hearing on consideration of a Major Use Permit (UP 18-33). The project applicant is VERNON ELDRED proposing Commercial Cannabis Cultivation license, one A-Type 3 outdoor to allow a total of 43,560 square feet of canopy area and 60,900 square feet of outdoor cultivation area, including two 3,150 square foot greenhouses. The project is located at 2210 Ladder Ridge Road, Upper Lake and further described as APNs 201-051-13 & 201-051-14 (merged). Environmental Evaluation: Mitigated Negative Declaration (IS 18-41). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant seeks a major use permit for an A-Type 3 outdoor cannabis cultivation license. The property is located two contiguous properties that were recently merged. APN 201-051-14 is 16.68 acres in gross area; APN 201-051-13 is 3.75 acres in size. The properties are located at 2210 Ladder Ridge Road, Upper Lake, and are over 20 acres in combined size. 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, ancillary buildings, irrigation system, and access roads.
The parcel is accessible by Ladder Ridge Road, an existing unpaved County road. The Project Area consists of an A-Type 3 "outdoor" cultivation area including (2) 105' x 30' greenhouses and a 1,500 square foot (s.f.) processing building. A-Type 3 cultivation permits allow outdoor cultivation sites for commercial cannabis cultivation. The applicant is proposing a total cultivation area of 46,900 s.f.; this is below the total 65,000 s.f. of allowable cultivation area. The canopy area is 43,560 s.f. and is shown on a site plan dated 'Received 1-29-2019'.
The Project Site is not within a community boundary or an exclusion area. The site contains Class 1 through 4 soils that are stable but are not mapped as 'prime farmland', although they are mapped as 'grazing land'. The soil is mapped as being suitable for grazing land and hay production.
Water will be provided via two on-site wells. Conditions of approval require monitoring of the wells to assure that the aquifer is adequately recharging. The Initial Study has indicated that a total of 72,000 gallons per year will be required, however the applicant must provide an annual report that in part identifies the actual water usage that has occurred over the past calendar year.
Sewage disposal will occur via new on-site septic system. There is presently a manufactured home on the site.
Staff is recommending Approval with Conditions of Use Permit UP 18-33.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study (No. 18-41) prepared by the Planning Division and applied for by Sunbaked Farms LLC on property located at 2210 Ladder Ridge Road, Upper Lake further described as APN: 201-051-13 and 14, 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 February 15, 2019.
Use Permit
I move that the Planning Commission find that the Use Permit (UP 18-33) applied for by Sunbaked Farms LLC on property located at 2210 Ladder Ridge Road, Upper Lake further described as APN: 201-051-13 and 14, 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 February 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: February 15, 2019
SUBJECT: Vern Eldred; Major Use Permit for Commercial Cannabis Cultivation (UP 18-33); Initial Study (IS 18-41)
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 October 2018
6. Initial Study (IS 18-41)
EXECUTIVE SUMMARY:
The applicant seeks a major use permit for an A-Type 3 outdoor cannabis cultivation license. The property is located two contiguous properties that were recently merged. APN 201-051-14 is 16.68 acres in gross area; APN 201-051-13 is 3.75 acres in size. The properties are located at 2210 Ladder Ridge Road, Upper Lake, and are over 20 acres in combined size. 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, ancillary buildings, irrigation system, and access roads.
The parcel is accessible by Ladder Ridge Road, an existing unpaved County road. The Project Area consists of an A-Type 3 "outdoor" cultivation area including (2) 105' x 30' greenhouses and a 1,500 square foot (s.f.) processing building. A-Type 3 cultivation permits allow outdoor cultivation sites for commercial cannabis cultivation. The applicant is proposing a total cultivation area of 46,900 s.f.; this is below the total 65,000 s.f. of allowable cultivation area. The canopy area is 43,560 s.f. and is shown on a site plan dated 'Received 1-29-2019'.
The Project Site is not within a community boundary or an exclusion area. The site contains Class 1 through 4 soils that are stable but are not mapped as 'prime farmland', although they are mapped as 'grazing land'. The soil is mapped as being suitable for grazing land and hay production.
Water will be provided via two on-site wells. Conditions of approval require monitoring of the wells to assure that the aquifer is adequately recharging. The Initial Study has indicated that a total of 72,000 gallons per year will be required, however the applicant must provide an annual report that in part identifies the actual water usage that has occurred over the past calendar year.
Sewage disposal will occur via new on-site septic system. There is presently a manufactured home on the site.
Staff is recommending Approval with Conditions of Use Permit UP 18-33.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study (No. 18-41) prepared by the Planning Division and applied for by Sunbaked Farms LLC on property located at 2210 Ladder Ridge Road, Upper Lake further described as APN: 201-051-13 and 14, 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 February 15, 2019.
Use Permit
I move that the Planning Commission find that the Use Permit (UP 18-33) applied for by Sunbaked Farms LLC on property located at 2210 Ladder Ridge Road, Upper Lake further described as APN: 201-051-13 and 14, 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 February 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.
6e.9:50 a.m. - Public Hearing on consideration of a Major Use Permit (UP 18-22). The project applicant is CTM VENTURE CAPITAL, LLC/Morgan Valley Ventures, Inc., proposing two Commercial Cannabis Cultivation licenses, both A-Type 3 outdoor cultivation areas to allow a total of 83,000 square feet of canopy area and 91,000 square feet of total cultivation area. The project is located at 22800 & 22520 Morgan Valley Road, Lower Lake and further described as APNs 012-069-60 (cultivation sites) 012-069-59 (water source) and 012-010-82 (access route). Environmental Evaluation: Revised Mitigated Negative Declaration (IS 18-27). (Eric Porter)
Public Hearing
Staff memo
Immediate access to the site is taken from Mientenio Ranch Road, a private gravel driveway, which connects with Morgan Valley Road, a public (County) paved road. The Project Site is not within a community growth boundary or an exclusion area. Water will be provided via stock pond as the primary water source. Three existing wells and four 5,000 gallon storage tanks are also available. Sewage disposal will occur via on-site septic system. There is a dwelling on the site that will be used as an office and as a dwelling for the primary occupants of the site.
Staff is recommending Approval with Conditions of Use Permit (UP 18-22).
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-27) applied for by Morgan Valley Ventures, Inc. representing CTM Venture Capital LLC on property located at 22800 and 22520 Morgan Valley Road, Lower Lake further described as APN: 012-069-60, 012-069-59 and 012-010-82 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 February 15, 2019.
Major Use Permit (UP 18-22)
I move that the Planning Commission find that the Use Permit (UP 18-22) applied for by Morgan Valley Ventures, Inc. representing CTM Venture Capital LLC on property located at 22800 and 22520 Morgan Valley Road, Lower Lake further described as APN: 012-069-60, 012-069-59 and 012-010-82 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 February 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: February 15, 2019
SUBJECT: CTM Venture Capital, LLC (Owner); Morgan Valley Ventures, Inc.; (Applicant); Major Use Permit (UP 18-22); Early Activation (EA 18-18); Initial Study (IS 18-27)
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan (available upon request)
3. Agency Comments
4. Early Activation (EA 18-18) Conditions of Approval
5. Proposed Conditions of Approval
6. Revised Existing and Proposed Site Plans dated 10-31-18
7. Initial Study IS 18-27 (original and revised)
Supervisor District 1
EXECUTIVE SUMMARY:
This is a request for the operation of two A-Type 3 outdoor cannabis cultivation licenses. The cultivation sites are located on a 75.8-acre, a 139.7 acre, and a 60.59 parcel ("Parcels"; APNs 012-069-60, 012-069-59 and 012-010-82) at 22800 and 22520 Morgan Valley Road in Lower Lake, California. The applicant is proposing 83,000 s.f. of canopy area and 91,000 s.f. of cultivation area. According to the applicant, the five outdoor cultivation areas will be a total of 83,000 s.f. in gross square footage; a 5,000 square foot metal processing building will be built following approval, and a 3,000 s.f. greenhouse will be installed for immature plant starts. Each cultivation area will be enclosed within a 6' tall wire fence. A drip and micro-spray irrigation system will be used. Existing ancillary facilities include a seasonal pond as the primary water source, two wells, a wooden materials storage shed, a wooden shop, and a dwelling. There is also a pump for the wells, and a proposed ground mounted 54-panel solar array and battery bank. There is a 1,500 s.f. accessory structure on the site that is closer than 100 feet to a Class II stream, however this building will not be used for any aspect of this cannabis project. The Project Area is the sum of all the areas used for cultivation, including gardens, soil staging and material storage areas, ancillary buildings, irrigation system, and access roads.
Immediate access to the site is taken from Mientenio Ranch Road, a private gravel driveway, which connects with Morgan Valley Road, a public (County) paved road. The Project Site is not within a community growth boundary or an exclusion area. Water will be provided via stock pond as the primary water source. Three existing wells and four 5,000 gallon storage tanks are also available. Sewage disposal will occur via on-site septic system. There is a dwelling on the site that will be used as an office and as a dwelling for the primary occupants of the site.
Staff is recommending Approval with Conditions of Use Permit (UP 18-22).
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-27) applied for by Morgan Valley Ventures, Inc. representing CTM Venture Capital LLC on property located at 22800 and 22520 Morgan Valley Road, Lower Lake further described as APN: 012-069-60, 012-069-59 and 012-010-82 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 February 15, 2019.
Major Use Permit (UP 18-22)
I move that the Planning Commission find that the Use Permit (UP 18-22) applied for by Morgan Valley Ventures, Inc. representing CTM Venture Capital LLC on property located at 22800 and 22520 Morgan Valley Road, Lower Lake further described as APN: 012-069-60, 012-069-59 and 012-010-82 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 February 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.
6f.10:00 a.m. - Public Hearing on consideration of a Major Use Permit (UP 18-31). The project applicant is DONA FRANK proposing one A-Type 3 Commercial Cannabis Outdoor Cultivation license to allow a total of 43,000 square feet of canopy area within 47,251 square feet of cultivation area. The project is located at 9820 Kelsey Creek Drive, Kelseyville and further described as APN 011-004-58. Environmental Evaluation: Mitigated Negative Declaration (IS 18-39). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant is proposing a major use permit for a A-Type 3 (outdoor) cannabis cultivation license. The canopy will be inside a 208.7' x 208.7' area bordered by a 6' tall metal fence with locked gates on one legal lot. The +344 acre property is located at 9820 Kelsey Creek Drive, Kelseyville, APN: 011-004-58. Security cameras will be provided for the enclosure area. Total cultivation area is 45,796 s.f.
Existing structures include a dwelling, 6' tall metal fence for the 'existing' (medicinal) cultivation area; a drip irrigation system; a 32' x 70' (2,240 s.f.) barn to be used as a drying and processing room, a 21' x 67' storage building (1,407 s.f.) that will house cannabis waste, and a 48 s.f. small shed to be used as hazardous material storage. The shed and the 21' x 67' storage building are not factored into the cultivation area.
Access to the site is taken from Carder Road / Sweet Water Road, a private gravel road, which connects with Kelsey Creek Drive, a paved County-maintained road, which then connects with Highway 29, a State Highway. The Project Site is not within a community boundary or an exclusion area. Water will be provided via existing on-site stream diversion of Sweetwater Creek as shown on sheets 1 and 2. Sewage disposal will occur via existing on-site septic system
Staff is recommending Approval with Conditions of UP 18-
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-39) applied for by Dona Frank on property located at 9820 Kelsey Creek Drive, Kelseyville and further described as APN: 011-004-58 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 February 15, 2019.
Major Use Permit (UP 18-31)
I move that the Planning Commission find that the Use Permit (UP 18-31) applied for by Dona Frank on property located at 9820 Kelsey Creek Drive, Kelseyville and further described as APN: 011-004-58 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 February 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.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: February 15, 2019
SUBJECT: Dona Frank; Major Use Permit (UP 18-31) for a Commercial Cannabis Cultivation area on one lot; Initial Study (IS 18-39)
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 Plans
6. Initial Study IS 18-39
EXECUTIVE SUMMARY:
The applicant is proposing a major use permit for a A-Type 3 (outdoor) cannabis cultivation license. The canopy will be inside a 208.7' x 208.7' area bordered by a 6' tall metal fence with locked gates on one legal lot. The +344 acre property is located at 9820 Kelsey Creek Drive, Kelseyville, APN: 011-004-58. Security cameras will be provided for the enclosure area. Total cultivation area is 45,796 s.f.
Existing structures include a dwelling, 6' tall metal fence for the 'existing' (medicinal) cultivation area; a drip irrigation system; a 32' x 70' (2,240 s.f.) barn to be used as a drying and processing room, a 21' x 67' storage building (1,407 s.f.) that will house cannabis waste, and a 48 s.f. small shed to be used as hazardous material storage. The shed and the 21' x 67' storage building are not factored into the cultivation area.
Access to the site is taken from Carder Road / Sweet Water Road, a private gravel road, which connects with Kelsey Creek Drive, a paved County-maintained road, which then connects with Highway 29, a State Highway. The Project Site is not within a community boundary or an exclusion area. Water will be provided via existing on-site stream diversion of Sweetwater Creek as shown on sheets 1 and 2. Sewage disposal will occur via existing on-site septic system
Staff is recommending Approval with Conditions of UP 18-
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-39) applied for by Dona Frank on property located at 9820 Kelsey Creek Drive, Kelseyville and further described as APN: 011-004-58 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 February 15, 2019.
Major Use Permit (UP 18-31)
I move that the Planning Commission find that the Use Permit (UP 18-31) applied for by Dona Frank on property located at 9820 Kelsey Creek Drive, Kelseyville and further described as APN: 011-004-58 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 February 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.
6g.10:20 a.m. - Public Hearing on consideration of a Minor Use Permit (MUP 18-35) and Variance (VR 18-07). The project applicant is DONA FRANK proposing Commercial Cannabis Cultivation licenses, one A-Type 1C Specialty Cottage Cultivation to allow a total of 2,500 square feet of canopy area within a total of 5,000 square feet of greenhouse cultivation area with lighting limited to 25 watts per square foot and a Variance to allow three greenhouse buildings to be located closer than 100 feet to the western property line. The project is located at 7770 Walnut Lane, Lower Lake and further described as APN 010-007-63. Environmental Evaluation: Mitigated Negative Declaration (IS 18-38). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant is proposing a minor use permit for one A-Type 1C 'Mixed Light' license, which allows up to 2,500 square feet of canopy within up to 5,000 square feet of cultivation area. The proposal is on one legal lot. The +14.39 acre property is located at 7770 Walnut Lane, Lower Lake, APN: 010-007-63. This application requires a variance; the existing structures that will contain the cannabis cultivations are less than 100 feet required for any cultivation area from the nearest property line. The existing buildings to proposed for use are 75' from the western property line, thereby requiring a variance.
The description of an A-Type 1C cultivation is as follows:
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 area will be contained within 3 existing 'carports', which in turn will be enclosed within a 6' tall metal fence. The fenced-in area will be accessed through metal gates with locks. Security cameras will be provided for the enclosure area.
Access to the site is taken from Walnut Lane, an unpaved private road serving four contiguous parcels; Walnut then connects with Point Lakeview Drive, a paved County maintained road. The Project Site is not within a community boundary or an exclusion area. Water will be provided via existing on-site well. Sewage disposal will occur via existing on-site septic system
Staff is recommending Approval with Conditions of Minor Use Permit MUP 18-35 and Variance VR 18-07.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-38) applied for by Dona Frank on property located at 7770 Walnut Lane and further described as APN: 010-007-63 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 February 15, 2019
Minor Use Permit (MUP 18-35)
I move that the Planning Commission find that the Minor Use Permit (MUP 18-35) applied for by Dona Frank on property located at 7770 Walnut Drive, Lower Lake and further described as APN: 010-007-63 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 February 15, 2019.
Variance (VR 18-07)
I move that the Planning Commission find that the Variance (VR 18-07) applied for by Dona Frank on property located at 7770 Walnut Drive, Lower Lake and further described as APN: 010-007-63 does meet the requirements of Section 52.5 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 February 15, 2019 and as shown on Attachment A as submitted by the Applicant.
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: February 15, 2019
SUBJECT: Dona Frank; Minor Use Permit (MUP 18-35) and Variance (VR 18-07) for a Commercial Cannabis Cultivation area on one lot; Initial Study (IS 18-38)
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 Plans
6. Initial Study IS 18-38
7. Variance Burden of Proof dated 1.7.2019, provided by Applicant's Agent
8. Attachment A (Sheet 1) submitted by the Applicant via email on February 1, 2019 by Julia Carrera, Agent for the Owner.
EXECUTIVE SUMMARY:
The applicant is proposing a minor use permit for one A-Type 1C 'Mixed Light' license, which allows up to 2,500 square feet of canopy within up to 5,000 square feet of cultivation area. The proposal is on one legal lot. The +14.39 acre property is located at 7770 Walnut Lane, Lower Lake, APN: 010-007-63. This application requires a variance; the existing structures that will contain the cannabis cultivations are less than 100 feet required for any cultivation area from the nearest property line. The existing buildings to proposed for use are 75' from the western property line, thereby requiring a variance.
The description of an A-Type 1C cultivation is as follows:
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 area will be contained within 3 existing 'carports', which in turn will be enclosed within a 6' tall metal fence. The fenced-in area will be accessed through metal gates with locks. Security cameras will be provided for the enclosure area.
Access to the site is taken from Walnut Lane, an unpaved private road serving four contiguous parcels; Walnut then connects with Point Lakeview Drive, a paved County maintained road. The Project Site is not within a community boundary or an exclusion area. Water will be provided via existing on-site well. Sewage disposal will occur via existing on-site septic system
Staff is recommending Approval with Conditions of Minor Use Permit MUP 18-35 and Variance VR 18-07.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find that the Initial Study (IS 18-38) applied for by Dona Frank on property located at 7770 Walnut Lane and further described as APN: 010-007-63 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 February 15, 2019
Minor Use Permit (MUP 18-35)
I move that the Planning Commission find that the Minor Use Permit (MUP 18-35) applied for by Dona Frank on property located at 7770 Walnut Drive, Lower Lake and further described as APN: 010-007-63 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 February 15, 2019.
Variance (VR 18-07)
I move that the Planning Commission find that the Variance (VR 18-07) applied for by Dona Frank on property located at 7770 Walnut Drive, Lower Lake and further described as APN: 010-007-63 does meet the requirements of Section 52.5 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 February 15, 2019 and as shown on Attachment A as submitted by the Applicant.
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.
6h.10:30 a.m. Public Hearing on consideration of minor amendments and clarifications to the 2014-2019 HOUSING ELEMENT of the Lake County General Plan (GPAP 16-05). The COUNTY OF LAKE is proposing amendments intending to clarify the programs and policies of the Housing Element, based on correspondence with the State Department of Housing and Community Development. Location: County-wide. Environmental Evaluation: Negative Declaration (IS 16-11). (Byron Turner)
Public Hearing
Staff memo
Please note that this is not the 2019-2027 comprehensive housing element update, which will be addressed later in the year. Numerous new policies will be discussed and analyzed as part of that review.
RECOMMENDED ACTION:
Negative Declaration Approval
I move that the Planning Commission recommend to the Board of Supervisors that the negative declaration IS 16-11 that was previously prepared for GPAP 16-05 does meet the requirements of Section 15162(a) of the CEQA guidelines, and that no additional review need be prepared
General Plan Amendment Approval
I offer the resolution recommending that the Board approve the updated Lake County Housing Element.
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared by: Byron Turner, Principal Planner
DATE: February 15, 2019
SUBJECT: Minor amendments to the Housing Element of the Lake County General Plan (GPAP 16-05)
ATTACHMENTS: 1. Resolution
2. Revised Lake County Housing Element
3. Initial Study, IS 16-11
4. Draft Board of Supervisors Resolution
EXECUTIVE SUMMARY:
The Lake County Community Development Department (CDD) requests that the Planning Commission review revisions to the 2014-2019 Housing Element Update and recommend that the Board of Supervisors adopt the document as part of the Lake County General Plan. The Department of Housing and Community Development has requested that the County make revisions to the document in order to comply with State housing element law.
Once the amendments are adopted by the Board of Supervisors the 2014-2019 Housing Element Update must be re-sent again to HCD for certification. The Document must be certified by the state in order to remain eligible for state funding sources.
The 5th cycle planning period for the County of Lake is June 30, 2014 to August 14, 2019. On May 24, 2016, the County of Lake submitted a draft housing element to HCD for review. On June 22, 2016, HCD issued an 8-page findings letter to Lake County noting multiple necessary revisions to the housing element for compliance with state housing element law. On June 29, 2016, the County of Lake submitted an adopted housing element to HCD for review. On September 27, 2016, HCD issued findings that the adopted housing element was identical to the June 22, 2016 draft housing element. The housing element would not be found in compliance unless and until it was revised and adopted.
Please note that this is not the 2019-2027 comprehensive housing element update, which will be addressed later in the year. Numerous new policies will be discussed and analyzed as part of that review.
RECOMMENDED ACTION:
Negative Declaration Approval
I move that the Planning Commission recommend to the Board of Supervisors that the negative declaration IS 16-11 that was previously prepared for GPAP 16-05 does meet the requirements of Section 15162(a) of the CEQA guidelines, and that no additional review need be prepared
General Plan Amendment Approval
I offer the resolution recommending that the Board approve the updated Lake County Housing Element.
7.Non-Timed Items
8.Department Update
9.Adjournment