Planning Commission — Thursday, November 8, 2018

..Title ..Body MEMORANDUM TO: FROM: DATE: SUBJECT: EXECUTIVE SUMMARY: FISCAL IMPACT: __ None __Budgeted __Non-Budgeted Estimated Cost: Amount Budgeted: Additional Requested: Annual Cost (if planned for future years): FISCAL IMPACT (Narrative): STAFFING IMPACT (if applicable): ..Recommended Action RECOMMENDED ACTION:

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Daniel W. Houck, Assistant Planner DATE: October 26, 2018 SUBJECT: Request for General Plan Conformity Report for Social Services' GPC 18-06, Categorical Exemption CE 18-82 Supervisorial District 1 ATTACHMENTS: 1. Vicinity map 2. Site plan 3. Disaster supply list EXECUTIVE SUMMARY: The Lake County Social Services Administration requests a General Plan Conformity Report to place a 40' x 8' cargo container on the same parcel as their office for the storage of disaster supplies that will be used to aid people residing in Lake County in disaster situations. Staff recommends the Planning Commission report that the new storage facility is in conformance with the Lake County General Plan. RECOMMENDED ACTION: Sample Motions: Categorical Exemption Approval A. I move that the Planning Commission find this Storage Facility is exempt from CEQA because it falls within Categorical Exemption Class 3. General Plan of Conformity B. I move that the Planning Commission report that the placement of a cargo container for storage of disaster supplies as proposed by County of Lake Social Services is in conformity with the Lake County General Plan with the findings listed in the staff report dated October 26, 2018.

..Title ..Body MEMORANDUM TO: Planning Commission FROM: Michalyn DelValle, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: September 20, 2018 SUBJECT: LC Private Reserves; Major Use Permit (UP 18-16) for Commercial Cannabis Cultivation, Garden #1; Categorical Exemption (CE 18-72) ATTACHMENTS: 1. Vicinity Map 2. Existing and Proposed Site Plans 3. Property Management Plan (available upon request) 4. Agency Comments 5. Proposed Conditions of Approval EXECUTIVE SUMMARY: LC Private Reserves is proposing to establish four distinct growing areas for commercial cannabis. This application is the first of four such grows and is referred to as Garden 1 in this document and in the materials submitted to the County. This garden is proposed to be on 'Lot 1', approximately 116 acres in size. This is an 'A-Type 2b' application, and includes a 10,000 s.f. greenhouse, a 24' x 30' surveillance equipment room, a 5000 gallon water tank, an existing 10' x 20' shed, a 10' x 15' chemical storage shed, 7 (9' x 20') parking spaces, and a porta-potty. The property is split-zoned (Planned Development Commercial (PDC) and Rural Land (RL); the project site for Garden 1 is located in the Planned Development Commercial (PDC) zoning district portion of the site. Cannabis grows in the PDC zoning district of any size and type require a Major Use Permit. This garden will be surrounded by 7-foot high, chain link fencing with privacy slats, and will have a solar power system to supply the electrical needs. General rules for cannabis grows are as follows: * Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. * Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds, or garden plots and of mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Garden 1 is accessed by a private graveled road off of Big Canyon Road. This garden will consist of approximately 75 plants in a 10,000-square foot greenhouse. The area for Garden 1 was previously cleared and graded for resort lodging. The greenhouse (Garden 1) will have a 6 kilowatt system to power the security system, back up pumps and fans. Four to 6 photovoltaic motion security lights (100-watt, LED) will be placed surrounding the garden; each light will be shielded and downcast. The following structures will be present within or immediately adjacent to the 129-foot by 104-foot fenced area surrounding the garden: > A 5,000-gallon water storage tank to the west of the garden > A 24' x 30' cannabis processing building (northwest corner of the garden) > Two 9' x 20' parking spaces to the south and to the west of the garden > A portable toilet to the south of the garden > A 10-foot by 20-foot shed to the south of the garden > A green waste processing and composting area to the east of the garden > A 10-foot by 15-foot chemical storage shed to the northeast of the garden The property's existing water supply system originates from two separate sources: a spring box and, for backup, a groundwater well. A springbox collects this spring water and pipes it to a 500,000 gallon cistern adjacent to Garden 4. Adjacent to the cistern is a groundwater well which can contribute water to the cistern. The water from the cistern is distributed by buried pipes to the four cultivation sites and will be stored in 5,000-gallon plastic water tanks. The irrigation system will consist of buried PVC piping, black poly tubing, and drip emitters will be used to regulate the flow rate. Staff is recommending Approval with Conditions of UP 18-16. RECOMMENDED ACTION: Sample Motions: Categorical Exemption I move that the Planning Commission find that the Use Permit (UP 18-16) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 is exempt from CEQA because it falls within Categorical Exemption Class 4 set forth in the staff report dated September 20, 2018. Major Use Permit I move that the Planning Commission find that the Use Permit (UP 18-16) applied for by Eric Sklar representing Lake County Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 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 September 20, 2018. 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: September 20, 2018 SUBJECT: LC Private Reserves; Major Use Permit (UP 18-17) for Commercial Cannabis Cultivation, Garden #3; Early Activation (EA 18-12); Categorical Exemption (CE 18-73) 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 18-12) Conditions of Approval 6. Proposed Conditions of Approval EXECUTIVE SUMMARY: LC Private Reserves is proposing to establish four distinct growing areas for commercial cannabis. This application will occur on the northern portion of Lot 1. Lot 1 is approximately 116 acres in size. 'Garden 3' is the third of four such grows. This is an 'A-Type 3' outdoor grow operation and includes a 19,800 s.f. canopy area, a 24' x 60' 'cannabis processing greenhouse', two 5000 gallon water tanks, a chemical storage shed, 7 (9' x 20') parking spaces, and a porta-potty. Cannabis grows between 10,001 s.f. and one acre in size such as this one located in the RL zoning district require a Major Use Permit. General rules for cannabis grows include: * Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. * Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds, or garden plots and of mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Garden 3 is accessed by a private graveled road off of Big Canyon Road. The area for Garden 3 was previously cleared and graded for resort lodging. No artificial light will be used. Site 3 is located in the northern-most portion of lot 1. The cultivator is the business entity Lake County Private Reserve Holdings IV, LLC. Site 3 is accessed by an easement using the entrance road to an adjacent parcel with address of 13000 Big Canyon Road (see Maps). If this access easement becomes unusable, a new access road will need to be constructed from the resort entrance to this lot. This garden will have approximately 150 plants. The cannabis canopy will be 19,800 square feet (a plot with dimensions of 110 feet by 180 feet). The area for Site 3 was previously cleared and graded for geothermal energy exploration and a small shale quarry. A sediment basin and culvert are also present, and were part of the geothermal drilling activities. The following structures will be present within or immediately adjacent to the fenced area surrounding the garden: > Two 5,000-gallon water storage tanks to the southwest of the garden > A 24' x 60' cannabis processing building and greenhouse along the SW corner > A 9' by 20' parking area to the east of the garden > A portable toilet northeast of the garden > A green waste processing and composting area to the northeast of the garden > A chemical storage shed Conex container to the east of the garden The property's existing water supply system originates from two separate sources: a spring box and, for backup, a groundwater well. A springbox collects this spring water and pipes it to a 500,000 gallon cistern adjacent to Garden 4. Adjacent to the cistern is a groundwater well which can contribute water to the cistern. The water from the cistern is distributed by buried pipes to the four cultivation sites and will be stored in 5,000-gallon plastic water tanks. The irrigation system will consist of buried PVC piping, black poly tubing, and drip emitters will be used to regulate the flow rate. On June 27, 2018 the applicant was issued Early Activation (EA 18-12) of the use for Commercial Cannabis Cultivation. Staff is recommending Approval with Conditions of UP 18-17. RECOMMENDED ACTION: Sample Motions: Categorical Exemption I move that the Planning Commission find that the Use Permit (UP 18-17) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 is exempt from CEQA because it falls within Categorical Exemption Class 4 set forth in the staff report dated September 20, 2018. Use Permit I move that the Planning Commission find that the Use Permit (UP 18-17) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 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 September 20, 2018. 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: September 20, 2018 SUBJECT: LC Private Reserves; Major Use Permit (UP 18-18) for Commercial Cannabis Cultivation, Garden #2; Categorical Exemption (CE 18-74) Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Existing and Proposed Site Plans 3. Property Management Plan (available upon request) 4. Agency Comments 5. Proposed Conditions of Approval EXECUTIVE SUMMARY: LC Private Reserves is proposing to establish four grow areas for commercial cannabis. This application is the second of four such grows and is referred to as Garden 2, located on Lot 3, a 120+ acre property. This is a 'Type 2' application, and includes a 10,000 s.f. outdoor canopy area, a 24' x 30' 'cannabis processing room', a 5000 gallon water tank, an existing 10' x 40' (existing) Comex container to be used for chemical storage, 6 (9' x 20') parking spaces, and a porta-potty. Cannabis grows in the PDC zoning district of any size and type require a Major Use Permit. Garden 2 is located in the eastern portion of Lot 3, south of Site 1 (see Maps). The cultivator is the business entity Lake County Private Reserve Holdings III, LLC. Site 2 is accessed by a private graveled road off of Big Canyon Road. This garden will have approximately 75 plants. The cannabis canopy will be 10,000 square feet (a garden with dimensions of 100 feet by 100 feet). The area for Site 2 was previously cleared and graded for an existing material and equipment storage yard and a small shale quarry. General rules for cannabis grows are as follows: * Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. * Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds, or garden plots and of mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. The following structures will be present within or immediately adjacent to the 129-foot by 127-foot fenced area surrounding the garden: > A 5,000-gallon water storage tank to the northeast of the garden > A 24-foot by 30-foot cannabis processing building along the northeast corner > A 9-foot by 20-foot parking area to the northwest of the garden > A portable toilet next to the processing building, to the northeast of the garden > A green waste processing and composting area to the west of the garden > A chemical storage shed Conex container to the southwest of the garden The property's existing water supply system originates from two separate sources: a spring box and, for backup, a groundwater well. A springbox collects this spring water and pipes it to a 500,000 gallon cistern adjacent to Garden 4. Adjacent to the cistern is a groundwater well which can contribute water to the cistern. The water from the cistern is distributed by buried pipes to the four cultivation sites and will be stored in 5,000-gallon plastic water tanks. The irrigation system will consist of buried PVC piping, black poly tubing, and drip emitters will be used to regulate the flow rate. Staff is recommending Approval with Conditions of UP 18-18 RECOMMENDED ACTION: Sample Motion: Categorical Exemption I move that the Planning Commission find that the Use Permit (UP 18-18) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 is exempt from CEQA because it falls within Categorical Exemption Class 4 set forth in the staff report dated September 20, 2018. Use Permit I move that the Planning Commission find that the Use Permit (UP 18-18) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 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 September 20, 2018. 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 DATE: September 20, 2018 SUBJECT: LC Private Reserves; Major Use Permit (UP 18-44) for Commercial Cannabis Cultivation, Garden #4; Categorical Exemption (CE 18-75) Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Existing and Proposed Site Plans 3. Property Management Plan (available upon request) 4. Agency Comments 5. Proposed Conditions of Approval EXECUTIVE SUMMARY: LC Private Reserves is proposing to establish four outdoor growing areas for commercial cannabis. This application is the fourth of four such grows and is referred to as Garden 4, which would take place on Lot 1. This is a 'Type 2' application. The site of Garden 4 is zoned PDC, Planned Development Commercial; any garden in the PDC District requires a major use permit. General rules for cannabis grows are as follows: * Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. * Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden benches, hedgerows, fencing, garden beds, or garden plots and of mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Garden 4 is located in the center of the property on a hilltop. Garden 4 is accessed by a private graveled road off of Big Canyon Road. The cultivator is the business entity Lake County Private Reserve Holdings, LLC. This garden will have approximately 75 plants. The cannabis canopy area can be up to 10,000 square feet (a plot with dimensions of 100 feet by 100 feet). The area for Garden 4 was previously cleared and graded for geothermal energy exploration. A sediment basin and several culverts are also present, and were part of the geothermal drilling activities. The following structures will be present within or immediately adjacent to the area surrounding the garden: > Two 5,000-gallon water storage tanks to the southeast of the garden > A 24' x 30' cannabis processing building to the southwest of the garden > A 9' x 20' parking area to the southeast of the garden > A portable toilet south of the garden > A green waste processing and composting area to the northeast of the garden > A chemical storage shed to the west of the garden The property's existing water supply system originates from two separate sources: a spring box and, for backup, a groundwater well. A springbox collects this spring water and pipes it to a 500,000 gallon cistern adjacent to Garden 4. Adjacent to the cistern is a groundwater well which can contribute water to the cistern. The water from the cistern is distributed by buried pipes to the four cultivation sites and will be stored in 5,000-gallon plastic water tanks. The irrigation system will consist of buried PVC piping, black poly tubing, and drip emitters will be used to regulate the flow rate. Of note; the plans submitted show a cultivation area of 154' x 154', however the maximum cultivation area allowed by code is 20,000 square feet. Staff is recommending Approval with Conditions of UP 18-44. RECOMMENDED ACTION: Sample Motions: Categorical Exemption I move that the Planning Commission find that the Use Permit (UP 18-44) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 is exempt from CEQA because it falls within Categorical Exemption Class 4 set forth in the staff report dated September 20, 2018. Use Permit I move that the Planning Commission find that the Use Permit (UP 18-44) applied by Eric Sklar on behalf of LC Private Reserve Holdings LLC on property located at 13333 Big Canyon Road, Lower Lake further described as APN: 012-006-55 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 September 20, 2018. 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: Byron Turner, Principal Planner DATE: October 29, 2018 SUBJECT: Variation Request (VR 18-05); Categorical Exemption (CE 18-42) Supervisorial District 1 ATTACHMENTS: 1. Vicinity Maps 2. Letters of Support for Variance EXECUTIVE SUMMARY: Ms. Shen has applied for this variance as she would like to apply for a minor use permit for cannabis cultivation indoors with a Type 1C Specialty license with the state, and does not meet current setbacks. The project parcel is adjacent to a parcel used by Hilltop Recovery Services, a residential drug and alcohol recovery program. A Type 1c indoor cultivation license would allow up to 500 square feet or less of total canopy size, within a fully enclosed structure. The proposed location for cultivation is approximately 300 feet from the recovery facility building. Article 27 prohibits commercial cultivation of cannabis within a 1,000 foot distance of a drug or alcohol rehabilitation facility, measured from the parcel boundaries of the facility. The operators of the facility have submitted a letter of support of the variance request. Staff is unable to make the findings required to recommend approval of this project. RECOMMENDED ACTION: Sample Motion: Variance Denial I move that the Planning Commission find that the Variance (VR 18-05) applied for by Liyu Shen, on property located 14725 Catholic Church Rd., Clearlake Oaks, does not meet the requirements of Section 27(at)(3)(i)(a)of the Lake County Ordinance and deny the Variance subject to the conditions and with the findings listed in the staff report dated October 29, 2018. 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.