Planning Commission — Thursday, February 14, 2019

..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: Sample Motions: 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.

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: February 14, 2019 SUBJECT: Mary Draper; Major Use Permit (UP 18-25) for two A-Type 3 (Outdoor) Commercial Cannabis Cultivation licenses and Initial Study (IS 18-31) Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Existing and Proposed Site Plans 3. Property Management Plan (available upon request) 4. Agency Comments 5. Early Activation (EA 18-23) Conditions 6. Proposed Conditions of Approval 7. Initial Study IS 18-31 8. Neighbor Comments EXECUTIVE SUMMARY: The applicant is proposing a major use permit for two A-Type 3 outdoor cannabis cultivation licenses. The 77+ acre property is located at 9475 Bottle Rock Road, Kelseyville, APN 011-004-60 (previously 54, 55 and 56, recently merged). The applicant was issued an Early Activation (EA 18-23) of use permit (UP 18-25) on July 13, 2018; the early activation was active for a period of six months, and expired on January 13, 2019. The cultivation sites are described in this report as Site 1 and Site 2. Site 1 has a proposed total cultivation area of 44,487 s.f. and a canopy of 43,560 s.f.; Site 2 has a proposed total cultivation area of 46,804 s.f. and a canopy area of 43,560 s.f. Each cultivation area will be contained in a 7 foot tall metal cyclone fence with plastic mesh; the fenced-in area will be accessed through metal gates with locks. Security cameras have been installed for both cultivation sites. Existing structures include a dwelling, 7' tall metal fence; a drip irrigation system; a water well, a barn, several small sheds, portable restrooms and the security system. The site is accessed from Bottle Rock Road, a paved County-maintained road. The Project Site is not within a community boundary or Exclusion Area. Water will be provided via existing on-site well and three 2500 gallon water tanks. The dwelling is served by an on-site septic system. On January 24, 2019, Mr. Draper applied for an electrical permit to power a new well that would be used for the dwelling and for the cannabis cultivation facility. Staff informed the applicant that no permits can be issued for the cannabis cultivation aspect of this proposal until the use permits are approved. The County also requested updated Site Plan(s) showing the separation of the well from other structures; this as a condition of Use Permit review. Staff recommends Approval with Conditions of UP 18-25. RECOMMENDED ACTION: Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Initial Study (IS 18-31) applied for by Mary Draper on property located at 9475 Bottle Rock Road, Kelseyville and further described as APN: 011-004-60 will not have a significant effect on the environment and therefore a mitigated negative declaration shall be approved with the findings listed in the staff report dated February 14, 2019. Major Use Permit (UP 18-25) I move that the Planning Commission find that the Use Permit (UP 18-25) applied for by Mary Draper on property located at 9475 Bottle Rock Road, Kelseyville and further described as APN: 011-004-60 does meet the requirements of Section 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 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.