Planning Commission — Thursday, January 24, 2019
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1.9:00 AM - Call To Order
2.Pledge of Allegiance
3.Verification of Legal Notice
4.Consent Agenda
4a.9:00 a.m. Oath of Office - Maria Valadez
Ceremonial Item
4b.9:00 a.m. Consideration of approval of minutes from October 25, 2018
Action Item
5.Public Input
6.Timed Items - Public Hearings
6a.9:05 a.m. Public hearing on consideration of a Major Use Permit (UP 18-20). The project applicant is RICHARD DERUM/SPECIALTY TOKES proposing a Commercial Cannabis Cultivation license, A-Type 3 outdoor to allow 16,896 square feet of canopy area within 24, 608 square feet of cultivation area. The project location is 13605 Seigler Canyon Road, Lower Lake and further described as APN 012-004-64. Environmental Evaluation: Mitigated Negative Declaration (IS 18-25). (Eric Porter)
Public Hearing
Staff memo
EXECUTIVE SUMMARY:
The applicant proposes one 'A-Type 3' outdoor commercial cannabis cultivation license. The project site is located on a parcel in a rural area of the County and is approximately 57+ acres in size. The parcel is accessible through an existing paved County maintained road, Seigler Canyon Road. The project site is currently developed with a graveled access road, a single-family residence served by a 20' x 24' garage, an existing onsite septic system and existing well, an existing site for the 'early activation' cultivation, enclosed by a 6 foot chain link fence and locked steel gate. There is a 20' x 20' building on site built without permits; the applicant is currently resolving that issue.
The proposed cultivation area is 24,608 square feet in size, and the proposed canopy area is 16,896 square feet in size. The canopy area will be fully enclosed by a 6' tall chain link fence, metal gates and security locks, and the site and growing facility will be protected by security surveillance cameras that will feed footage into the video room within the garage.
In addition to the existing house, septic system and well, the applicant is proposing construction of a 1,440 square foot processing building; the use of a 24' x 20' existing garage to house security system; place an 11' x 8' security shack on site, and use two existing 2500 gallon water tanks that will be used for crop irrigation and for emergency fire suppression if needed. Annual water use is estimated to be 435,000 gallons according to the material supplied by the applicant.
Staff recommends approval with proposed conditions.
RECOMMENDED ACTION:
Mitigated Negative Declaration (IS 18-25)
I move that the Planning Commission find that the Initial Study (IS 18-25) applied for by Richard Derum representing Specialty Tokes on property located at 13605 Seigler Canyon Road, Lower Lake further described as APN: 012-004-64 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 December 12, 2018.
Major Use Permit (UP 18-20)
I move that the Planning Commission find that the Use Permit (UP 18-20) applied for by Richard Derum representing Specialty Tokes on property located at 13605 Seigler Canyon Road, Lower Lake further described as APN: 012-004-64 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 December 12, 2018, and is valid for a period not to exceed ten years from this date.
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: December 12, 2018
SUBJECT: Derum; Major Use Permit (UP 18-20) for Commercial Cannabis Cultivation, Early Activation (EA 18-13), Initial Study (IS 18-25)
Supervisor District 1
ATTACHMENTS: 1. Vicinity Map
2. Existing and Proposed Site Plans
3. Property Management Plan (available upon request)
4. Agency Comments
5. Early Activation (EA 18-13) Conditions of Approval
6. Proposed Conditions of Approval
7. Initial Study and Revision Addendum (IS 18-25)
8. Public Comments
EXECUTIVE SUMMARY:
The applicant proposes one 'A-Type 3' outdoor commercial cannabis cultivation license. The project site is located on a parcel in a rural area of the County and is approximately 57+ acres in size. The parcel is accessible through an existing paved County maintained road, Seigler Canyon Road. The project site is currently developed with a graveled access road, a single-family residence served by a 20' x 24' garage, an existing onsite septic system and existing well, an existing site for the 'early activation' cultivation, enclosed by a 6 foot chain link fence and locked steel gate. There is a 20' x 20' building on site built without permits; the applicant is currently resolving that issue.
The proposed cultivation area is 24,608 square feet in size, and the proposed canopy area is 16,896 square feet in size. The canopy area will be fully enclosed by a 6' tall chain link fence, metal gates and security locks, and the site and growing facility will be protected by security surveillance cameras that will feed footage into the video room within the garage.
In addition to the existing house, septic system and well, the applicant is proposing construction of a 1,440 square foot processing building; the use of a 24' x 20' existing garage to house security system; place an 11' x 8' security shack on site, and use two existing 2500 gallon water tanks that will be used for crop irrigation and for emergency fire suppression if needed. Annual water use is estimated to be 435,000 gallons according to the material supplied by the applicant.
Staff recommends approval with proposed conditions.
RECOMMENDED ACTION:
Mitigated Negative Declaration (IS 18-25)
I move that the Planning Commission find that the Initial Study (IS 18-25) applied for by Richard Derum representing Specialty Tokes on property located at 13605 Seigler Canyon Road, Lower Lake further described as APN: 012-004-64 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 December 12, 2018.
Major Use Permit (UP 18-20)
I move that the Planning Commission find that the Use Permit (UP 18-20) applied for by Richard Derum representing Specialty Tokes on property located at 13605 Seigler Canyon Road, Lower Lake further described as APN: 012-004-64 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 December 12, 2018, and is valid for a period not to exceed ten years from this date.
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.9:15 a.m. Public Hearing on consideration of a Major Use Permit (UP 18-06). The project applicant is MICHAEL DONYGAN proposing a Commercial Cannabis Cultivation License, A-Type 3 outdoor cultivation to allow 43,500 square feet of canopy area within 64,053 square feet of cultivation area. The project location is 8959 Wight Way, Kelseyville and further described as APN 007-036-02. Environmental Evaluation: Mitigated Negative Declaration (IS 18-10). (Eric Porter)
Public Hearing
Staff memo
Original memo text
..Title
..Body
MEMORANDUM
TO: Planning Commission
FROM: Michalyn DelValle, Community Development Director
Prepared By: Eric Porter, Associate Planner
DATE: December 20, 2018
SUBJECT: Donygan, Major Use Permit UP 18-06; Initial Study IS 18-10
Supervisor District 5
EXECUTIVE SUMMARY:
On April 19, 2018, the applicant applied for Major Use Permit UP 18-06, for operation of one A-Type 3 outdoor cannabis cultivation license. The cannabis cultivation area would consist of 63,743 square feet and the canopy would be 43,500 square feet in size on a 141.4 acre parcel that is zoned "RL" Rural Lands.
Project Characteristics
The proposed hours of operation for cannabis cultivation would be Monday through Sunday 8:00am to 5:00pm, and Saturdays from 9:00am to 1:00pm. During normal hours of operation there would typically be two (2) employees. During peaks hours there would be between three (3) and five (5) employees.
The property is currently developed with a 2,047 s.f. manufactured home, an 800 s.f. utility shed and a 2,585 s.f. barn. The applicant is proposing to install three (3) greenhouses that are 2,520 s.f. each for a total of 7,560 s.f. of greenhouses space. Two of the greenhouses will be used for immature cannabis plant starts; the other two are for growing traditional crops not subject to this use permit. The applicant is proposing a 41,998 s.f. outdoor cultivation area; an additional 11,600 s.f. of outdoor cultivation area intended for immature plants; a 120 square foot storage shed (Sheet S4) and a 2,400 s.f. processing shed (Sheet S4). A note on sheet S4 also mentions a new 800 s.f. processing shed, however that structure is presently on site and was built in 1989.
The site is accessed via a recorded shared access easement, which passes through three properties before ending on Mr. Donygan's property. See Attachment 9.
The applicant intends to complete the proposed project in the following phases:
Phase One: Construct two (2) of the four (4) proposed 2,520 s.f. greenhouses. The applicant would also install two (2) 5,000 gallon water storage tanks. Also, the 47' x 55' barn will be converted in a manner that will allow cannabis processing, as well as lavender and chamomile which do not require a use permit. Phase One will also have an 11,600 s.f. immature (outdoor) plant area (not included as canopy area but included as cultivation area); a 120 s.f. chemical storage shed, and a 2,400 s.f. processing building.
Phase Two: Install the remaining two (2) 2,520 s.f. greenhouses.
According to Article 27 (Lake County's Commercial Cannabis ordinance), the commercial cannabis Cultivation Area is the sum of all the areas used for cultivation, including gardens, soil staging and material storage areas, ancillary buildings, and access roads.
Staff recommends approval with conditions as proposed.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study No. 18-10 prepared by the Planning Division and the mitigation measures which have been added to the project, that the use permit as applied for by Michael Donygan on property located at 8959 Wight Way, Kelseyville and further described as APN: 007-036-02 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 December 20, 2018.
Use Permit Approval - UP 18-06
I move that the Planning Commission find that the Use Permit (UP 18-06) applied for by Michael Donygan on property located at 8959 Wight Way, Kelseyville and further described as APN: 007-036-02 does meet the requirements of Section 51.4 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 Use Permit be granted subject to the conditions and with the findings listed in the staff report dated December 20, 2018. This permit is valid for a period of ten years from the date of this approval.
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.9:30 a.m. Public Hearing on consideration of a Major User Permit (UP 18-01). The project applicant is HORIZON TOWER LLP Owners are RICHARD & SHERRY GUBERA proposing an unmanned 85 foot tall green mono-leave wireless telecommunication tower able to accommodate up to four (4) wireless communication carriers. The tower would include four (4) 36-panel antennas, each approximately 8’x18”, and up to eight (8) microwave dish antennas, approximately 36” in diameter. The project is located at 9475 Mojave Trail, Kelseyville and further described as APN 009-004-21. Environmental Evaluation: Mitigated Negative Declaration (IS 18-06). (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: January 24, 2019
SUBJECT: Major Use Permit, UP 18-01; Initial Study, IS 18-06 for 85-foot broad leaf mono-tree telecommunications tower; project located at 9475 Mojave Trail, Kelseyville (APN 009-004-21)
Supervisor District 5
ATTACHMENTS: 1. Vicinity Map
2. Proposed Project Packet (plans included)
3. Initial Study, IS 18-06
4. Proposed Conditions of Approval
5. Letters of Support - California Highway Patrol, Kelseyville Fire Protection District, and Lake County Sheriff's Office
6. Agency Comments
7. Public Comments (a-e)
EXECUTIVE SUMMARY:
The project proposes to construct, operate and an unmanned 85 foot tall green mono-broad leaf wireless telecommunication tower, built to accommodate up to four (4) wireless communication carriers. Each carrier would be able to lease an area of approximately 300 (12' x 25') square feet in size. The proposed mono-broad leaf communication facility would allow up to four (4) - thirty-six (36) panel antennas, each approximately 8' x 18"; and up to eight (8) microwave dish antennas, approximately 36" in diameter. The proposed facility and supporting ground equipment, including each carrier's leased area would be contained within an area of approximately 2,500 (50' x 50') square feet in size each, and would be fenced in with a six foot (6') chain link fence.
Currently, the project site is accessible from an existing eight foot (8') to twelve foot (12') wide private dirt/gravel access easement/road located off of Mojave Trail. Mojave Trail is a County maintained road for only 0.02 miles, 105 feet, the length of the parcel bordering the Clear Lake Riviera, Unit 11 Subdivision. The access easement would be increased to a minimum of twenty feet (20') wide, with a minimum of ten feet (10') of improved surfacing, pursuant to Article 71 (Communication Towers & Antennas); Section 71.8 (#13) "Access shall be provided to the communication tower and communication equipment building by means of a public street or easement to the public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust free, all weather surface for its entire length."
The proposed tower would offer additional wireless service coverage in the Clear Lake Riviera Subdivision area.
The utilities (electricity and telephone) would be extended from the existing utility providers' points of connection, to the site and then accessed by the individual carriers through underground connections. Some grading would take place for the improvement of the access to the site.
According to the applicant a technician would conduct a site visit approximately once a month to ensure the facility is in working order and perform any necessary repairs/maintenance. A standby generator for maintenance purpose and during power outages and/or natural disasters is not proposed at this time.
Once construction begins, it takes approximately ninety (90) days to complete.
Staff Recommends approval of Major Use Permit, UP 18-01.
RECOMMENDED ACTION:
Mitigated Negative Declaration
I move that the Planning Commission find on the basis of the Initial Study No. 18-06 prepared by the Planning Division and the mitigation measures which have been added to the project, that the Use Permit, UP 18-01 as applied for by Horizon Tower, LLP 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 24, 2019.
Major Use Permit
I move that the Planning Commission find that the Use Permit, UP 18-01 applied by Horizon Tower, LLP on property located at 9475 Mojave Trail, Kelseyville, further described as APN: 009-004-21 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 24, 2019.
Wireless Communication Facility Approval
I move that the Planning Commission find that the Wireless Communication facility applied for by Horizon Tower, LLP on property located at 9475 Mojave Trail, Kelseyville, further described as APN: 009-004-21 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 January 24, 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
7.Non-Timed Items
8.Department Update
9.Adjournment