Board Of Supervisors — Tuesday, November 8, 2022

WHEREAS, Lake County has been home to people for greater than 12,000 years, and the richly diverse cultures of the seven Tribal Nations indigenous to Lake County, Middletown Rancheria of Pomo Indians of California, Koi Nation of Northern California, Big Valley Band of Pomo Indians, Scotts Valley Band of Pomo Indians, Habematolel Pomo of Upper Lake, Robinson Rancheria of Pomo Indians of California and Elem Indian Colony, have informed every aspect of our community's history. Policies and practices of the United States and earlier colonial governments deprived Indigenous People in the State of California and Lake County, specifically, of land-holdings, liberty, even life, itself; and WHEREAS, Native Americans have helped to make our community stronger and more prosperous On August 3, 1990, President of the United States George H. W. Bush declared the month of November as National American Indian Heritage Month, thereafter commonly referred to as Native American Heritage Month. The bill read in part that "the President has authorized and requested to call upon Federal, State and local Governments, groups and organizations and the people of the United States to observe such month with appropriate programs, ceremonies and activities; and WHEREAS, this landmark bill honoring America's tribal people represented a major step in the establishment of this celebration which began in 1976 when a Cherokee/Osage Indian named Jerry C. Elliott-High Eagle authored Native American Awareness Week legislation the first historical week of recognition in the nation for native peoples. This led to 1986 with then President Ronald Reagan proclaiming November 23-30, 1986, as "American Indian Week". President Barack Obama made a Presidential Proclamation on the 31st of October of each year that each respective November would be National Native American Heritage Month. We celebrate the richness of the County's unique Tribal history and traditions and the impact Native American cultures have had on every American; and WHEREAS, Lake County is committed to protecting the Sovereign right of Native American Tribal organizations and institutions to strengthen their own communities In observance of Native American month, the County of Lake encourages all citizens to join in recognizing the accomplishments and contributions Native Americans have made to our County, and salutes those who have sought to honor the important role of Tribal leadership in our County's past, present and future. NOW, THEREFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors declares November, National Native American Month in Lake County, California.

Adopt Proclamation Designating the Month of November 2022 as Native American Heritage Month.

The Local Assistance and Tribal Consistency Fund (LATCF) was established by Section 605 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act of 2021 (American Rescue Plan). The American Rescue Plan appropriated $2 billion to U.S. Department of the Treasury across fiscal years 2022 and 2023 to provide payments to eligible revenue sharing counties and eligible Tribal governments for use on any governmental purpose except for a lobbying activity. Eligible recipients must submit a request for funding in the LATCF Submission Portal to receive their payments. The County of Lake has been allocated $1,530,375.39 for fiscal year 2022 and $1,530,375.39 for fiscal year 2023 for a total allocation of $3,060,750.78. Section 605(c) provides flexible support for eligible revenue sharing counties and eligible Tribal governments to meet their jurisdictions' needs. Specifically, the statute directs that recipients may use funds for any governmental purpose other than a lobbying activity. Recipients may treat these funds in a similar manner to how they treat funds generated from their own local revenue. Programs, services, and capital expenditures that are traditionally undertaken by a government are considered to fulfill a "governmental purpose." A non-exhaustive list of example activities that fulfill a governmental purpose include, but are not limited to: � Provision of health services, educational services, court services, police, fire, emergency medical, and other public safety services, utilities or sanitation services, and direct assistance to households (including cash assistance); � Capital expenditures on core facilities and equipment, including in housing and community development (e.g., schools, hospitals, childcare facilities, and parks and recreation facilities), public safety facilities and equipment (e.g., police vehicles), and government administration buildings; � Infrastructure investments, including roads, bridges, water and sewer systems, utility systems, airports, public transit, and technology infrastructure; � Long-term economic development activities, including affordable housing development, workforce development and other programs to strengthen local communities undergoing economic transitions; � General government operations, such as general government administration, personnel costs, administrative facilities, record keeping, tax assessments, or election administration; and � Meeting another federal program's non-federal match or cost-sharing requirements, unless barred by statute or other applicable law (as detailed further in this guidance). The application does not require a detailed list of how the funding will be used. The County will be required to submit annual Obligation and Expenditure Reports detailing what governmental purpose was provided and the amount of funding utilized until the entire award has been expended.

Approve Submission of Request for funding through the U.S. Department of the Treasury for Local Assistance and Tribal Consistency Fund (LATCF) funding in the amount of $3,060,750.78 split evenly between fiscal years 2022 and 2023.

This MOU was already approved on September 21, 2021. Additional funds from the CDFA budget are being allocated to the Lake County Resource Conservation District for the Goats Rue eradication project. Should the board approve this resolution, please have the chair sign and return one original copy of the MOU, one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records.

Adopt Resolution Approving the Amended MOU Between County of Lake and Lake County Resource Conservation District For Management of Goat's Rue in Lake County for FY 2021-2023 in the Amount of $25,427.50

I would like to ask the Board to adopt the attached resolution approving the amended agreement with the California Department of Food and Agriculture for work pertaining to control and eradication of noxious and invasive weeds from being established in California. This supports local and regional eradication of high priority noxious and invasive weeds. The CDFA budget is being amended to allocate more funds to the subcontractor, Lake County Resource Conservation District. For the period of May 1, 2021 through March 31, 2023. Should the board adopt this resolution, please have the chair sign one original copy of the agreement, one copy of the board resolution and return them to the Department of Agriculture for processing. A signed complete copy will be returned for your records.

Adopt Resolution Approving Amended Agreement # 20-1108-000-SG with California Department of Food and Agriculture for Noxious Weed Program for the Period of May 1, 2021 through March 31, 2023 in the Amount of $32,000.00

This Amendment corrects a mathematical error made in the previous Amendment number one and also increases the contract to pay for an outstanding invoice (#4-0003146) that was only partially covered by the first increase to the contract maximum in the first Amendment. Purchasing Considerations (check all that apply): X Not applicable

Approve Amendment No. 2 to the Agreement Between County of Lake and Resource Development Associates for Consultation and Support in the Community Program Planning (CPP) Process and the Evaluation of the Whole Person Care Grant Project in the Amount of $269,053.75 for FYs 2021-22 & 2022-23 and Authorize the Board Chair to Sign.

Elections Code Section 10515 requires the Registrar of Voters to submit a certificate of facts to the Board of Supervisors when the number of persons who have filed a Declaration of Candidacy for director does not exceed the number of offices of director to be filled at a general district election. To comply with Section 10515, I am submitting the resolution titled "Resolution Appointing Directors of Certain Special District Boards In Lieu of Holding a General District Election on November 8, 2022" to your Board with the names of persons who filed a Declaration of Candidacy for each of the Special Districts that are not required to hold an election because there are no more nominees than there are vacancies. Section 10515 also states that if no person has filed a Declaration of Candidacy for any office, the Board of Supervisors shall appoint any person to the office who is qualified on the date when the election would have been held. The following Special Districts that currently have vacancies to be filled at the November 8, 2022 General District Election, have recommended the appointment of the following qualified persons as per the attached letters: CALLAYOMI COUNTY WATER DISTRICT Scott Hopkins, 4 year term KONOCTI COUNTY WATER DISTRICT Audurey Barber, 4 year term UPPER LAKE COUNTY WATER DISTRICT Richard Simondi, 4 year term VILLA BLUE ESTATES WATER DISTRICT Gary Pierce, 4 year term VILLA BLUE ESTATES WATER DISTRICT Christian Montgomery, 2 year term LAKE COUNTY FIRE PROTECTION DISTRICT Mary Benson, 4 year term SOUTH LAKE COUNTY FIRE PROTECTION DISTRICT Bryce Stephenson, 4 year term Your Board may accept the District Board of Director's recommendations or appoint any other qualified person(s) to serve as Director. FISCAL IMPACT (Narrative): Any costs incurred by the Registrar of Voters office as a result of the appointments are fully reimbursable by each individual special district and there is no cost to the Registrar of Voters office.

Adopt Resolution Appointing Directors of Certain Special District Boards In Lieu of Holding a General District Election on November 8, 2022

For nearly 30 years, South Lake Refuse Company, LLC ("SLRC" or the "Company") has served as the County's contracted solid waste handling and collection company for the unincorporated county areas in central and southern Lake County. On September 26th of this year, Christy Pestoni, Chief Operating Officer of SLRC, notified County staff of their intent to sell the Company to Waste Connections, Inc. (WCI). The existing agreement between the County and SLRC includes a provision that a change in control of the Company's franchise shall be dependent upon consent of the County, as expressed by resolution of the Board of Supervisors. As a condition of the County's consideration of a change of control, SLRC is required to provide specific documentation evidencing the proposed new company's ability to satisfactorily perform the same level of solid waste handling and collection services. On October 14th, SLRC provided a complete documentation package including WCI's financial statements, references at other California municipalities where WCI has demonstrated at least seven years of satisfactory municipal solid waste experience, and a copy of the purchase agreement between the two companies. Staff has reviewed the information and contacted numerous agencies who are under contract with WCI for municipal solid waste and recycling collection services. Consequently, staff recommends the Board of Supervisors approve the included resolution to demonstrate the County's consent to the change in control from SLRC to WCI. It should be noted that WCI is purchasing all operations under the control of Pestoni Family. In Lake County this not only includes SLRC but also Quackenbush Mountain Resource Recovery & Compost Facility, LLC, located adjacent to the Eastlake Landfill in Clearlake, as well as the recycling center located on landfill property. WCI is also purchasing the Pestoni Family operating companies located in Napa Valley, which includes Upper Valley Disposal & Recycling and Clover Flat Landfill.

Staff recommends the Board of Supervisors adopt the attached Resolution approving the Franchise Agreement Assignment from South Lake Refuse Company, LLC to Waste Connections, Inc., when WCI becomes the new owner of South Lake Refuse Company, LLC.

Counties throughout the State of California are experiencing massive tree mortality as a result of multiple years of drought. The drought causes stress on conifer trees which weakens their ability to fend off beetles and other pests. Stands of these trees across the County have either died or are in the process of dying as a result of infestation by these pests. The State of California has recognized tree mortality as a state-wide emergency, and has created funding for local agencies to try and mitigate the impacts of the tree die-off. In order to take advantage of potential grant funding to address tree mortality, staff is recommending the hiring of a consultant that specializes in the management of these types of projects to develop a project scope and cost estimate that will be used as part of an application to the State. Today's item is for your Board's consideration of a proposed agreement with Mountain G. Enterprises, Inc. for this task. Mountain G. Enterprises Inc. was selected by Placer County to provide project management and oversight for their Hazardous Tree Removal Project that began in 2018. They successfully delivered a project that removed approximately 5200 trees throughout Placer County. Their robust team is made up of Registered Professional Foresters, arborists, biologists, archaeologists, project managers, construction administrators, storm water and GIS specialists, and they have over 20 years of experience in general construction management services, vegetation management, natural resources, forestry, and environmental compliance. Staff is recommending that your Board find that competitive bidding is not in the public interest because a competitive bid would produce no economic benefit. To support that recommendation, I offer the following: * The consultant has offered a "time and materials" quotation with a not to exceed amount of $30,000. The consultant's hourly rates are commensurate with the industry standard for the types of labor classifications expected for this work. Should another consultant with similar experience and expertise be located, it is unlikely that their rates would be substantially different. Therefore, a competitive consultant selection process would not result in a large variation of overall cost. * Time is of the essence for submitting a project application to the State for aid. As we understand it, other counties are already preparing applications for the same funding, and it is imperative that we get an application submitted. Completing a competitive selection process at this time will delay our submittal, and could potentially preclude us from receiving the grant funds. Finally, it should be noted that should we be successful in receiving grant funds from the State, we will need to select a consultant to manage the project, and that consultant selection will be completed using a competitive process.

Staff recommends that the Board of Supervisors (a) Waive the formal bidding process, pursuant to Lake County Code Section 38.2, as it is not in the public interest due to the determination that competitive bidding would produce no economic benefit, and (b) Approve the Agreement between the County of Lake and Mountain G. Enterprises Inc. (MGE) for consulting services related to the development of a hazardous tree removal project for the purpose of submitting an application to the State for grant funds, and authorize the Chair to sign the Agreement.

WHEREAS, Lake County has been home to people for greater than 12,000 years, and the richly diverse cultures of the seven Tribal Nations indigenous to Lake County, Middletown Rancheria of Pomo Indians of California, Koi Nation of Northern California, Big Valley Band of Pomo Indians, Scotts Valley Band of Pomo Indians, Habematolel Pomo of Upper Lake, Robinson Rancheria of Pomo Indians of California and Elem Indian Colony, have informed every aspect of our community's history. Policies and practices of the United States and earlier colonial governments deprived Indigenous People in the State of California and Lake County, specifically, of land-holdings, liberty, even life, itself; and WHEREAS, Native Americans have helped to make our community stronger and more prosperous On August 3, 1990, President of the United States George H. W. Bush declared the month of November as National American Indian Heritage Month, thereafter commonly referred to as Native American Heritage Month. The bill read in part that "the President has authorized and requested to call upon Federal, State and local Governments, groups and organizations and the people of the United States to observe such month with appropriate programs, ceremonies and activities; and WHEREAS, this landmark bill honoring America's tribal people represented a major step in the establishment of this celebration which began in 1976 when a Cherokee/Osage Indian named Jerry C. Elliott-High Eagle authored Native American Awareness Week legislation the first historical week of recognition in the nation for native peoples. This led to 1986 with then President Ronald Reagan proclaiming November 23-30, 1986, as "American Indian Week". President Barack Obama made a Presidential Proclamation on the 31st of October of each year that each respective November would be National Native American Heritage Month. We celebrate the richness of the County's unique Tribal history and traditions and the impact Native American cultures have had on every American; and WHEREAS, Lake County is committed to protecting the Sovereign right of Native American Tribal organizations and institutions to strengthen their own communities In observance of Native American month, the County of Lake encourages all citizens to join in recognizing the accomplishments and contributions Native Americans have made to our County, and salutes those who have sought to honor the important role of Tribal leadership in our County's past, present and future. NOW, THEREFORE, BE IT PROCLAIMED that the Lake County Board of Supervisors declares November, National Native American Month in Lake County, California.

Presentation of Proclamation Designating the Month of November 2022 as Native American Heritage Month.

A) Proclamation commending the Military Funeral Honors Team of Lake County for their service to veterans, their families, and the community. B) Operation Greenlight was started in 2021 in the state of New York. It provides a visual support for our veterans by lighting up our buildings green. This helps shine a light on issues that veterans face and highlights the resources available to veterans in the county, state, and federal levels.

a) Adopt Proclamation Commending the Military Funeral Honors Team of Lake County; and b) Approve Participating in Operation Greenlight

PROCLAMATION COMMENDING THE MILITARY FUNERAL HONORS TEAM OF LAKE COUNTY FOR THEIR ENDLESS AND THANKLESS SUPPORT OF OUR MILITARY VETERANS AND THEIR FAMILIES WHEREAS, in May 2001, the Military Funeral Honors Team of Lake County was certified as a provider in the Department of Defense Military Funeral Honors Program; and WHEREAS, the Military Funeral Honors Team of Lake County provides a 3-volley rifle salute, the playing of the TAPS, and the presentation of the flag to the next of kin, by the branch of military the veteran was in; and WHEREAS, in the last 21 years, the Military Funeral Honors Team of Lake County has provided over 1750 funerals, for the veteran community of Lake County; and WHEREAS, the Military Funeral Honors Team of Lake County has participated, for over one decade, in the Clearlake Flag Ceremony in Austin Park for both the raising of the flag around Memorial Day and the lowering of the flag around Veterans Day; and WHEREAS, the Military Funeral Honors Team of Lake County is made up of volunteers, all veterans of the Armed Forces of the United States; and WHEREAS, the Military Funeral Honors Team of Lake County provides their services without soliciting donations; and WHEREAS, the Military Funeral Honors Team of Lake County offers numerous services for the community at large such as the posting of the flag for schools, carrying the flag in parades and much more; and WHEREAS, the Lake County Board of Supervisors recognizes the sizable veteran population in the county and their vast contribution to our nation and to our communities; and WHEREAS, that sizable veteran population only emphasizes the importance of the role that is played by the Military Funeral Honors Teams of Lake County in recognizing our veterans and their families both in celebration and in mourning of a deceased veteran. NOW THEREFORE, BE IT PROCLAIMED that the Board of Supervisors of the County of Lake recognizes the vast contributions of the Military Funeral Honors Team of Lake County for their unconditional support of our local veterans and their families during the most trying of times in recognizing their service and their courage.

Presentation Only.

Attachment A - Notice of Hearing Attachment B - Site Map / Photos Attachment C - Building Division documents Attachment D - Notice of Expired Permit Attachment E - Stop Work Order photos Attachment F - Stop Work Order Letter Attachment G - Second Stop Work Order Letter Attachment H - Notice of Nuisance / Order to Abate Attachment I - Notice of Non-compliance Attachment J - Final Notice of Nuisance / Order to Abate Attachment K - Notice of Violation and Superseding Notice of Nuisance / Order to Abate Attachment L - Request for Hearing / Carter Statement Attachment M - Building Permit Fees

The Board will consider the appeal of Thomas Carter pursuant to Lake County Code (LCC) Chapter 13, Article I, Section 13-7.1 - A hearing before the Board of Supervisors regarding a Notice of Nuisance and Order to Abate (NONOTA) may be requested by filing a written request for a hearing with the Lake County Community Development Department within twenty-one (21) days of service of the NONOTA. When a hearing is requested as provided for in the NONOTA, the Board shall proceed to hear the testimony. Property Information: Property: 1622 Hunter Point Rd, Upper Lake, CA APN#: APN#022-001-05 Property Owner: Carter, Thomas (hereinafter, Carter) Carter, Olivia Ceridono, Jaime Zoning: Rural Lands (RL) Property Description: Property is approximately 20.43 acres, improved with: (1) primary residence (approx. 2400 sq. ft.) (2) accessory dwelling unit (approx. 525 sq. ft.) (3) alleged ag-exempt barn (approx.. 1800 sq. ft.) Basis of Investigation: Code Enforcement received information alleging structures and/or buildings were erected or constructed with first obtaining the issuance of building permits. Code Enforcement determined that three (3) structures have been erected or constructed without first obtaining the issuance of building permits. The appealing party, Thomas Carter (Carter) claims he did not obtain building permits, as he claims the costs of obtaining building permits increased from the period when Carter obtained an estimate ($approx. 4,000) to the period when permit fees were to be paid (approx.. $17,000). Case History: In 2018, the subject property was affected by the Mendo-Complex Fire and the primary structure incurred significant fire damage. Carter intending to rebuild, claims the Building Safety Division (BSD) provided an estimate of approximately $4,000 for his building permit fees. Carter's claims his insurance company disbursed funds to him based on said amount. On 2/25/2019, Carter started the process to obtain a building permit to rebuild and submitted a building permit. At that time, only a permit was issued for the construction of a foundation. On 12/18/2019, Carter continued with the building permit process by submitting building plans. At this time Carter learned the fees for a building permit had been increased. The technician made a notation on permit BLDG19-01826, the owner did not pay any fees and the building plans are on hold and will not go to plan check until the plan check fee is paid. (Attachment C) On July 20, 2020, the BSD sent a "Notice of Expired Permit" to Carter. No final inspection had been performed by BSD and no Certificate of Occupancy had been issued for occupation. (Attachment D) On October 25, 2021, the Lake County Building Safety Division posted a "Stop Work Order" for building without permits. (Attachment E) On October 27, 2021, BSD mailed a letter to Carter stating a "Stop Work Order" was posted for not first obtaining the required building permits. (Attachment F) On December 8, 2021, a "Second Notice" was mailed to Carter containing the same information as the letter dated 10/27/2021. (Attachment G) On February 28, 2022, Code Enforcement issued a "Notice of Nuisance and Order to Abate" against the property for (1) failure to obtain required permits; and (2) occupying a building or structure with first obtaining issuance of a certificate of occupancy. (Attachment H) On March 1, 2022, A Notice of Non Compliance was recorded for failure to obtain permits. (Attachment I) On April 29, 2022, a 'Final and Last Notice of Nuisance and Order to Abate" was issued against the property for the same violations in the 2/28/2022 Notice of Nuisance and Order to Abate. . (Attachment J) In June 2022, I (Beltramo) contacted Carter via telephone. Carter stated he did not obtain a building permit because the building permit fee increased from around $4,000 to around $17,000. Carter stated he and his insurance company contacted the BSD and were given an estimate for permits fees of around $4,000. Carter also confirmed during this conversation he built a 2400 sq. ft. primary residence; a 525 sq. ft. dwelling unit for his son; and a barn that Carter stated he received a verbal agricultural exemption from the Chief Building Official at that time. Carter stated the barn is used for making wine barrels. LCC Chapter 5, Section 6.24 Ag. Exempt structures - an exempt Building permit shall be issued for any agricultural Building as defined in section 202 of the California Building Code, which is located on a parcel of land with an area of ten (10) or more acres being used primarily for agricultural uses; LCC Chapter 5, Section 5-4A 2019 California Building Code, Section 202 Agricultural Building - A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public. On June 15, 2022, Code Enforcement issued a "Notice of Violation" and a superseding "Notice of Nuisance and Order to Abate" for violations of (1) three (3) unpermitted structures; (2) failure to obtain a zoning clearance; (3) a public nuisance violation for use of land, buildings, operated or maintained contrary to the provisions of Chapter 5 and 21. (Attachment K) On June 29, 2022, an appeal letter and request for hearing was received from Carter. Carter is appealing to the BOS to apply the fee rate that was in effect at the time of the fire. (Attachment L) Per the BSD, Carter owes the following approximate amounts in permit fees and penalties (Attachment M): * 2466 sq. ft. SFD and 788 Garage sq. ft. - $17,115.57 (includes penalty $10, 211.57) * 525 sq. ft. ADU - $1,981.88 * Barn (approx. 2,000 sq. ft.) $2,719.35

Staff recommends the Board of Supervisors uphold the Code Enforcement Notice of Violation and Notice of Nuisance and Order to Abate and direct the property owner to pay the permit fees and any penalties, or voluntarily abate all unpermitted structures by first obtaining a demolition permit, if not done so in a period of time determined by the Board of Supervisors, direct staff to move forward with the imposition of administrative penalties and, if necessary pursue abatement of all unpermitted structures.

On October 13, 2022, the Planning Commission heard Major Use Permit (UP 20-90) for Cresta Properties, LLC. After Staff presentation and public comment, Staff requested that the Planning Commission continue the item to address inaccurate information found in the Staff Report. There were three (3) Planning Commissioners present at the hearing, which was enough to establish a quorum, but would require all three votes in order to approve an item. The motion to continue the hearing was denied by a 2-1 vote. No other motions were made. When the Planning Commission is unable to take action, the matter is automatically denied and appealed to the Board of Supervisors for public hearing, pursuant to Section 21-58.40 of the Lake County Zoning Ordinance. The Board of Supervisors may consider the Appeal at this time. Alternately, the Board may wish to remand the item back to the Planning Commission, and request that the Commission take up the item with all Commissioners present. I. BACKGROUND The applicant, Cresta Properties, LLC, requests approval of a Major Use Permit for commercial cannabis cultivation at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, (APNs: 007-013-23 and 007-013-22). The combined project area is approximately 58.8 Acres and is zoned "A-SC" for Agriculture-Scenic Combining District. The applicant's proposal includes the clustering of parcels as allowed by the County of Lake Zoning Ordinance, Article 27, Section 27.13(at).1.ii.(j). This project was originally scheduled for the April 28, 2022, meeting of the Planning Commission, where it was continued to May 12, 2022. On May 12, the project was again continued in order to provide more information regarding hydrology, water use and a drought management plan. The project was redesigned in order to move the project further away from concerned neighbors and to reduce the cultivation area in size. A new drought management plan and hydrologic study were provided. Cresta is requesting a total cultivation canopy area of 1.18 acres (or 51,500 square feet). Cultivation would require removal of approximately 5.8 Acres of existing vines. The proposed cultivation activities would consist of mixed light cultivation within automated greenhouses and would comply with all applicable County of Lake and California Department of Cannabis Control (DCC) guidelines, including Ordinance 3103 requirements for the Farmland Protection Zone. Staff recommended approval of Major Use Permit (UP 20-90), and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 20-109) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. The Project includes the following (see Exhibit 3 - Site Plan): * Two (2) Type 3B - 22,000 square feet of mixed light canopy * Three (3) Type 1C - 2,500 square feet of mixed light canopy * Parking lot development (Crushed rock armoring of existing site circulation road, 11 gravel parking spaces, one ADA-compliant paved parking space) * Four (4) Storage barns (30 x 120 each for a total of 3,600 sq. ft.) * Cannabis Waste Compost Area (30 x 30 total of 900 sf) * Waste Enclosure (10 x 10 total of 100 sf) * Break Area (20 x 20 for a total of 400 sf) * Ten (10) 5,000-gallon plastic water storage tanks (10 x 10 for a total of 500 sf) The 51,500 square feet of mixed light canopy area will take place within three 60'x120' and three 90'x120' greenhouses that are fully automated with controls that manage fans, lights and interior curtain black-out tarps. Existing development on the subject parcel includes the following: * One (1) Permitted groundwater well * One (1) Barn used as a garage/storage for current vineyard cultivation * Access agreement with neighboring parcel * Caretakers' cottage and residence. II. APPEAL DISCUSION SEC. 21-58.40 AUTOMATIC APPEALS. 58.41 Automatic Appeals: If a ballot of the members of the Planning Commission results in a tie vote, or if the Planning Commission is unable to take action because of legal disqualification or abstentions, the matter shall be deemed to be automatically denied at the first hearing at which the application is considered and is unable to be acted upon; and be appealed to the Board of Supervisors for public hearing. Automatic appeals pursuant to this section shall not be subject to filing fees as provided for in Section 58.30. Government Code, Section 54952.6 requires a collective decision to be made by the majority of the members of the legislative body rather than the majority of members present. With three Commissioners present, a quorum was established but any action taken by the Planning Commission needed to be unanimous. The Planning Commission was not able to reach a unanimous conclusion on whether to approve, deny, or continue the item; which automatically denied the item and appealed it to the Board of Supervisors. III. PUBLIC CONCERNS Project Description There was concern from the public and the Commission over inconsistencies in the Project Description of the Staff Report. Although the project had been redesigned, remnants of old project description remained in the Staff Report. The project consists of six (6) fully automated greenhouses, in compliance with Lake County greenhouse requirements, for a total of 51,500 sq. ft. of indoor/mixed light canopy. The 51,500 sq. ft. of canopy will require five (5) licenses from the State of California. The greenhouses will be equipped black pot film/material to ensure light from the interior of the greenhouses will not escape. Power is supplied by PG&E and generators will not be used unless there is an emergency, in compliance with local regulations. The site borders Kelsey Creek Drive, but is accessed from Gold Dust Drive. The site does not border Kelsey Creek, Kelsey Creek is approximately 1,600 feet east of the greenhouse area. Additionally, the original Staff Report referred to the Middletown Area Plan. The site location falls under the Kelseyville Area Plan. The Findings in the Staff Report were from the Kelseyville Area Plan. Hydrologic Analysis The Staff Report incorrectly referenced Dr. Broc Zoller as the author of the Hydrology Report. Dr. Zoller was a co-author of the report Vineyard Water Use in Lake County, California published by the University of California Department of Agriculture and Natural Resources, dated December 1, 2014. This report was submitted by the applicant as part of their water analysis and provided to the Planning Commission on May 12, 2022, but not provided to the Planning Commission for the October 13, 2022, meeting. The applicant submitted an additional Hydrology Report from Chico Environmental prepared on June 23, 2022. This was attached to the Staff Report to the Planning Commission and should have been referenced as the Hydrology analysis in the Staff Report. This did not result in changes to the findings or recommendations. Use of Hazardous Materials There was concern from the public regarding hazardous materials from fertilizers or pesticides running off of the site and polluting the watershed. All hazardous materials are stored on-site, and any application of fertilizers and pesticides are applied within the greenhouses. The greenhouses will be constructed to not allow run-off to escape. Additionally, the project is subject to Water Board regulations where run-off is not authorized and storage safeguards are required. Potential Expansion If the applicant wishes to expand the project, they would be required to file an amendment to the Use Permit (pending approval of UP 20-90). This amendment would require CEQA analysis and a return to the Planning Commission for a duly noticed public hearing. IV. PROJECT ANALYSIS General Plan Conformance The General Plan designation for the subject site is (A) Agriculture. According to the General Plan, this land use category is often occupied by crop production, including horticulture, tree crops, row and field crops, and related activities, and is characterized by steep topography and limited services. These lands also provide important precipitation filtering functions, helping to recharge the County's groundwater basins. The following General Plan policies relate to site development in the context of this proposal: Land Use Goal LU-1: "To encourage the overall economic and social growth of the County while maintaining its quality-of-life standards." * Policy LU 1.3: "The County shall prevent the intrusion of new incompatible land uses into an existing community area. The property is flat and surrounded by agricultural and rural residences. The proposed project plans to construct greenhouses and barns on the property. This use is consistent with similar existing structures in the vicinity of the project. The greenhouse and barn will not exceed 30 feet in height which will not be tall enough to affect the views from neighboring properties nor the public views. The proposed project would therefore be compatible with its surrounding land uses in the community. Kelseyville Area Plan Conformance The subject site is within the Kelseyville Area Plan boundary. The Plan contains several policies that are subject to consistency review as follows: � 3.8f: Appropriate visual screening and roadway setbacks shall be required for industrial and service commercial uses. The use of drought resistant and locally indigenous vegetation shall be promoted. � 5.35d: New commercial uses should be required to provide private security measures. The proposed project will not affect the scenic corridor since the project will utilize screened fences and follows the required setbacks of at least 100 ft from the property line. Furthermore, the project site is not located within the Scenic Combining District and is not visible from Kelsey Creek Drive. Additionally, while the project site is zoned as Agriculture and a portion of the site is designated as "Farmland of Local Importance", the project will not affect prime agricultural soils since no construction or cultivation is proposed within that area. Lastly, the project will also be required to install security systems and measures in compliance with Article 27, Sec. 21-27.10, Subsection (at)3.iii Zoning Ordinance Conformance Article 5- Agriculture Zoning District To protect the County's agricultural soils, provide areas suitable for agriculture, and prevent development that would preclude their future use in agriculture. The following regulations shall apply in all "A" districts. The cultivation of cannabis would take place within greenhouses as potted plants. The construction of four barns on the property would remove a small amount of land from cultivation, but the barns would support agricultural use and thus are not considered a conversion. Although the project is within an area designated as a farmland protection zone, all cultivation will take place indoors, meeting the requirements of Ordinance 3103 concerning the farmland protection zone. Article 34- Scenic Combining District To protect and enhance views of scenic areas from the County's scenic highways and roadways for the benefit of local residential and resort development, the motoring public, and the recreation-based economy of the County. The following regulations shall apply in all "SC" districts, and all uses except single-family residential structures shall be subject to development review as set forth in Article 56. Under Article 27.13(at), commercial cannabis cultivation is allowable upon obtaining a Major Use Permit under the zoning designation for Agriculture. The applicant meets all development standards under Article 5 with further restrictions under Article 27.13(at) regarding minimum setback requirements. The applicant meets Article 34 requirements under Scenic Combining District to protect and enhance views from highways and roadways with the required maximum height less than or equal than twenty (20) feet for accessory structures and fifty (50) feet for agricultural accessory structures. Article 27 - Use Permits The purpose of Article 27 is for those uses possessing characteristics of unique and special form as to make their use acceptable in one or more districts upon issuance of a zoning permit, minor or major use permit; in addition to any required building, grading, and/or environmental health permits. Pursuant to Article 27 of the Lake County Zoning Ordinance, mixed-light commercial cannabis cultivation is permitted in the agriculture zoning district with the issuance of a Major Use Permit. To qualify for a Major Use Permit the project must demonstrate that all regulations within Article 5, 34, and 27 are met and any adverse environmental impacts are adequately mitigated. Development Standards, General Requirements, and Restrictions This application meets the following Development Standards, General Requirements, and Restrictions as specified within Article 27, subsection (at) of the Lake County Zoning Ordinance. Development Standards: This application meets the Development Standards, General Requirements, and Restrictions as specified within Article 27, subsection (at) of the Lake County Zoning Ordinance. General Requirements: There are several general requirements for cannabis cultivation listed in Section 27.13(at) of the Lake County Zoning Ordinance. These include, but are not limited to, obtaining a State license, completing background checks, obtaining property owner approval, complying with hours of operations and deliveries, access requirements, and other various regulations associated with cannabis activities. Tribal Consultation (AB 52): Tribal consultation notifications were sent on February 25, 2021, to all local tribal entities. One letter was received in response from the Habematolel Pomo Cultural Resources Department, stating the project had been reviewed but is not within their aboriginal territories. No other comments or requests for consultation were received for this project. V. ENVIRONMENTAL ANALYSIS The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. An Initial Study and the type of CEQA determination (IS 20-109; Exhibit 5) was prepared and circulated for public review in compliance with CEQA from February 4, 2022 to March 9, 2022. The Initial Study found that the project could cause potentially significant impacts: * Aesthetics * Air Quality * Biological Resources * Cultural Resources * Energy * Hazards & Hazardous Materials * Hydrology/Water Quality * Noise * Wildfire * Mandatory Findings of Significance However, with the incorporation of the mitigation measures in Exhibits 5 & 6, all impacts can be reduced to a less than significant level. Aesthetics Potential impact to aesthetics involves the construction of greenhouses, storage barns, cannabis waste compost area, waste enclosure, break area, and parking. The applicant prepared an Outdoor Lighting Plan that complies with the International Dark Sky Association recommendations. Since greenhouse lighting can create light pollution to the environment and neighboring areas, the applicant proposes that the greenhouses will be equipped with black out film/ material to maximize light blockage and by constructing a view-blocking fence, so that cannabis activities are not visible to neighboring parcels. As additional mitigation measures, the applicant shall comply with the dark sky initiatives. * AES-1: All greenhouses shall incorporate blackout screening so that no light is visible from outside each greenhouse. * AES-2: All outdoor lighting shall be directed downwards and shielded onto the project site and not onto adjacent properties. All lighting shall comply and adhere to all federal, state, and local agency requirements, including all requirements of darkskies.org. Air Quality The project has some potential to result in short (e.g. construction) and long-term (e.g. operations) air quality impacts. Odors generated by the plants, particularly during harvest season, will be mitigated the through passive means and active means. Those potential environmental impacts have been reduced to less than significant with the incorporated mitigation measures below: * AQ-1: Prior to cultivation, the applicant shall submit an Odor Control Plan to the Lake County Community Development Department for review and acceptance or revision at the discretion of the Department Director. * AQ-2: All Mobile diesel equipment used for construction and/or maintenance shall be in compliance with State registration requirements. Portable and stationary diesel-powered equipment must meet the requirements of the State Air Toxic Control Measures for CI engines as well as Lake County Noise Emission Standards. * AQ-3: Construction and/or work practices that involve masonry, gravel, grading activities, vehicular and fugitive dust shall be managed by use of water or other acceptable dust palliatives to mitigate dust generation during and after site development. * AQ-4: The applicant shall maintain records of all hazardous or toxic materials used, including a Material Safety Data Sheet (MSDS) for all volatile organic compounds utilized, including cleaning materials to the Lake County Air Quality Management District. * AQ-5: All vegetation during site development shall be chipped and spread for ground cover and/or erosion control. The burning of vegetation, construction debris, including waste material is prohibited. * AQ-6: The applicant shall have the primary access and parking areas surfaced with chip seal, asphalt, or an equivalent all-weather surfacing to reduce fugitive dust generation. The use of white rock as a road base or surface material for travel routes and/or parking areas is prohibited. * AQ-7: All areas subject to infrequent use of driveways, overflow parking, etc., shall be surfaced with gravel. Applicant shall regularly use and/or maintain graveled area to reduce fugitive dust generations. The project will also require compliance with Lake County Ordinance 3103 concerning cannabis operations within the farmland protection zone, limiting cultivation to indoor, mixed light, or in green houses that are equipped with filtrations systems that prevent the movement of odors, pesticides, and other air borne contaminates out of or into the structure. Biological Resources The project has potential to impact biological resources. Two Biological Site Assessments, dated August 2020 and May 2021, respectively, were completed for the project. The identified potential impacts were special-status plant and animal species, and nesting birds. The proposed project would be consistent with all Lake County ordinances related to the protection of biological resources because there are no protected biological resources present on the project site. The proposed project would not affect any wetlands, ephemeral drainages, or other sensitive habitats protected by the Lake County Zoning Ordinance. Those potential environmental impacts have been reduced to less than significant with the incorporated mitigation measures below (please see the Exhibit A5 for further information): * BIO-1 (Nesting Birds): Prior to the commencement of vegetation clearing and/or tree falling during the Nesting Bird Breeding season(s), a survey for nesting birds shall be conducted by a qualified biologist. o If active nests are present in the Study Area during construction of the project, CDFW shall be consulted to develop measures to avoid "take" of active nests prior to the initiation of any construction activities. Avoidance measures may include but are not limited to the establishment of a buffer zone using construction fencing or the postponement of vegetation removal until after the nesting season, or until after a qualified biologist has determined the young have fledged and are independent of the nest site. * BIO-2 (Erosion Control): All work in or near any waterways shall incorporate extensive Erosion and Sediment Control Plans/Measure consistent with all Federal, State and local agency requirements to avoid erosion and the potential for transport of sediment into the waterways. Additionally, coverage under the National Pollutant Discharge Elimination System (NPDES), General Permit for Storm Water Discharge associated with a Construction Activity (General Permit) and a Storm Water Pollution Plan (SWPP may be required). * BIO-3 No activities involving the placement of dredged or fill materials into waters under the jurisdiction of State or federal agencies, nor the alteration of the bed or banks of a stream shall occur without prior approval of such activities under the following laws: * Section 404 of the Clean Water Act (U.S. Army Corps of Engineers); * Porter Cologne Water Quality Control Act (State Water Resources Control Board); * Clean Water Act Section 401 (Central Valley Regional Water Quality Control Board); and * California Fish and Game Code Section 1600 et. seq. (California Department of Fish and Wildlife) Cultural Resources The project has potential to impact cultural resources. A Cultural Resources Report was prepared for the project by Archaeological Research and Supply Company, dated September 2020. The report concluded that no historic resources were identified on the project site during the cultural resource surveys. Two (2) isolated obsidian bifaces, one (1) isolated chert biface, and one (1) isolated obsidian biface reduction flake were identified but were not considered significant. However, some excavation and trenching will take place and therefore, there is a potential for finding as-yet undiscovered resources during project construction. Those potential environmental impacts have been reduced to less than significant with the incorporated mitigation measures below: * CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during site development, all activity shall be halted in the vicinity of the find(s), the applicant shall notify the local overseeing Tribe, and a qualified archaeologist to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Director. Should any human remains be encountered, the applicant shall notify the Sheriff's Department, the local overseeing Tribe, and a qualified archaeologist for proper internment and Tribal rituals per Public Resources Code Section 5097.98 and Health and Safety Code 7050.5. * CUL-2: All employees shall be trained in recognizing potentially significant artifacts that may be discovered during ground disturbance. If any artifacts or remains are found, the Middletown Rancheria shall immediately be notified; a licensed archaeologist shall be notified, and the Lake County Community Development Director shall be notified of such finds. * CUL-3: All staging or storage of materials to develop the commercial cannabis cultivation, shall be located in previous disturbed areas only Energy Electricity is provided by Pacific Gas and Electric (PG&E) for the house on the project site. The greenhouses will not use heating or air conditioning. The greenhouses will need electricity for lighting and exhaust systems, which will be supplied from the existing power lines along Kelsey Creek Drive. The well on the project site to power the well pump will not result in significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources. The project will use LED lighting for all interior lights in the barns and greenhouses. Power for construction equipment will use diesel fuel, which if the equipment is old and inefficient, would have the potential to result in an inefficient use of energy, which would be a significant impact. Those potential environmental impacts have been reduced to less than significant with the incorporated mitigation measures below: * AQ-2: All construction equipment conforms to State registration requirements, which will ensure that the equipment is operating efficiently. Furthermore, the applicant has installed a solar array on the property for the residential unit, which can potentially offset some of the energy demands from PG&E for the proposed project. Geology/Soils There are two types of soil identified on the project site. Forbesville loam, 2 to 5 percent slopes, is portion where work will take place. Forbesville loam is listed as well drained, with a drainage class is medium. Where no work is would occur is listed as Cole variant clay loam. There are no mapped earthquake faults either on or near the project site. However, the project site is located near to Kelsey Creek, so any erosion onsite could adversely impact this water body. This is considered a significant impact. To reduce this impact to less than significant, implement Mitigation Measures: * GEO-1: Prior to any ground disturbance and/or operation, the applicant shall submit Erosion Control and Sediment Plans to the Community Development Department for review and approval. o Said Erosion Control and Sediment Plans shall protect the local watershed from runoff pollution through the implementation of appropriate Best Management Practices (BMPs) in accordance with Chapters 29 and 30 of the Lake County Code. Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt fencing and the planting of native vegetation on all disturbed areas. No silt, sediment or other materials exceeding natural background levels shall be allowed to flow from the project area. All BMP's shall be maintained for life of the project. * GEO-2: Prior to any ground disturbance, (if applicable), the applicant shall submit and obtain a Grading Permit from the Community Development. The project design shall incorporate appropriate BMPs consistent with County and State Water Quality Regulations to the maximum extent practicable. BMPs typically include scheduling of activities, erosion and sediment control, operation and maintenance procedures and other measures in accordance with Chapters 29 and 30 of the Lake County Code. * GEO-3: Excavation, filling, vegetation clearing or other disturbance of the soil shall not occur between October 15 and April 15 unless authorized by the Community Development Director. The actual dates of this defined grading period may be adjusted according to weather and soil conditions at the discretion of the Community Development Director. Hazards & Hazardous Materials Hazardous materials pose significant present or potential hazard to human health and safety or the environment if released according to the California Environmental Protection Agency (EPA) and the DTSC. Proposed project operations will use the following chemicals and substances: * 20 gallons of 90% isopropyl alcohol per year, * Organic Materials Review Institute (OMRI)-certified organic pesticides, * Plant fertilizers, and * Biological hazards such as molds and fungi, which can grow on cannabis plants. With the low level of hazardous materials to be used during cannabis operations, there is a potential for a hazard during the transport, use, or disposal of hazardous materials. To reduce this impact to less than significant, implement Mitigation Measures HAZ-1 through HAZ-4. * HAZ-1: All hazardous waste shall not be disposed of on-site without review or permits from Environmental Health Department, the California Regional Water Control Board, and/or the Air Quality Board. Collected hazardous or toxic waste materials shall be recycled or disposed of through a registered waste hauler to an approved site legally authorized to accept such material. * HAZ-2: The storage of potentially hazardous materials shall be located at least 100 feet from any existing water well. These materials shall not be allowed to leak into the ground or contaminate surface waters. Collected hazardous or toxic materials shall be recycled or disposed of through a registered waste hauler to an approved site legally authorized to accept such materials. * HAZ-3: Any spills of oils, fluids, fuel, concrete, or other hazardous construction material shall be immediately cleaned up. All equipment and materials shall be stored in the staging areas away from all known waterways. * HAZ- 4: The storage of hazardous materials equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, then a Hazardous Materials Inventory Disclosure Statement/Business Plan shall be submitted and maintained in compliance with requirements of Lake County Environmental Health Division. Industrial waste shall not be disposed of on site without review or permit from Lake County Environmental Health Division or the California Regional Water Quality Control Board. The permit holder shall comply with petroleum fuel storage tank regulations if fuel is to be stored on site. Hydrology/Water Quality The closest stream is Kelsey Creek, located approximately 800 feet west of the eastern boundary of the project parcels, and across Kelsey Creek Road. The irrigation of the cannabis plants will be accomplished using a drip irrigation system, operated by timers to provide approximately 2,415 gallons per day to the entire system. Watering will occur approximately every 2-3 days, with a peak daily usage of approximately 9,000 gallons during the period of June through September. An existing permitted agricultural well (WE1775) is currently used for irrigation and frost protection for the vineyards currently planted on the project parcels. The existing well does not contain a meter, so the amount of water used is not known. the proposed project has the potential to contribute to additional sources of pollutant in runoff water. However, with the implementation of Mitigation Measures GEO-1 through GEO-3 and HAZ-1 through HAZ-4, this impact would be reduced to less than significant. * See GEO 1-3 and HAZ 1-4 Noise There are no current noise level readings within the project site. Given the distance of the project site from the nearest major roadway (0.8 miles from SR 175), and its location in a rural area, it is expected that the principle man-made sources of noise are residential and agricultural activities (including cultivation activities on the project site itself), which tend to be intermittent. The only sensitive receptors in the Study Area are neighboring residences. Therefore, current background noise levels are expected to be relatively low. The construction of the proposed project would entail the use of construction equipment intermittently for approximately one year, which would result in temporary or periodic short-term increases in ambient noise levels. Although the site is currently actively managed as a vineyard, which includes noise-generating agricultural activities, the construction-related noise impact would be considered significant. However, those potential environmental impacts have been reduced to less than significant with the incorporated mitigation measures below: * NOI-1: All construction activities, including engine warm-up, shall be limited Monday through Friday, between the hours of 7:00am and 7:00pm, and Saturdays from 12:00 noon to 5:00 pm to minimize noise impacts on nearby residents. Back-up beepers shall be adjusted to the lowest allowable levels. * NOI-2: Maximum non-construction related sounds levels shall not exceed levels of 55 dBA between the hours of 7:00AM to 10:00PM and 45 dBA between the hours of 10:00PM to 7:00AM within residential areas as specified within Zoning Ordinance Section 21-41.11 (Table 11.1) at the property lines. * NOI-3: The operation of the Air Filtration System shall not exceed levels of 57 dBA between the hours of 7:00AM to 10:00PM and 50 dBA from 10:00PM to 7:00AM within residential areas as specified within Zoning Ordinance Section 21-41.11 (Table 11.2) measured at the property lines. Wildfire The project site is located within a State Responsibility Area, and the nearest responding local agency is the Kelseyville Fire Protection District. The project site is within an area designated as "Non-Wildland/Non-Urban" on the Lake County Fire Severity Map, which is considered a high hazard designation. There is potential for wildfire-related impacts from the project; therefore, the following mitigation measures are incorporated to mitigate wildfire-related impacts: * WILDFIRE-1: Prior to this Use Permit having any force or effect, the applicant shall comply with Public Resources Code 4290 and 4291 Fire Safe Requirements. * WILDFIRE-2: Construction activities shall not take place during a red flag warning (per the local fire department and/or national weather service) and wind, temperature and relative humidity will be monitored in order to minimize the risk of wildfire. Grading shall not occur on windy days that could increase the risk of wildfire spread should the equipment create a spark. Mandatory Findings of Significance With the incorporation of the identified mitigation measures as listed above and in the MMRP, the identified impacts to environmental resources can be mitigated to a less than significant. Therefore, the staff is recommending a Mitigated Negative Declaration be adopted for this project. VI. Findings 1. Article 51.4, Major Use Permits, Findings Required for Approval The Review Authority shall only approve or conditionally approve a Major Use Permit (LCZO Section 51.4, Major Use Permits) if all the following findings are made: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. The proposed use of a commercial cannabis cultivation operation is a permitted use in the "A" Agriculture zoning district upon issuance of a Major Use Permit pursuant to Article 27, Sec. 21-27, Sec. 27.11 Table B of the Lake County Zoning Ordinance. The project scope complies with the minimum regulatory requirements set by the local ordinances to address the health, safety, morals, comforts, and general welfare of those working or residing near the proposed use. Prior to the applicant constructing any type of structure(s), the applicant shall obtain the necessary permits and licenses from the appropriate federal, state, and/or local government agencies. Additionally, the CDD would conduct annual compliance monitoring inspections during the cultivation season to ensure compliance with the County's ordinances, the approved Property Management Plan, mitigation measures, and conditions of approval. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. The proposal is for 51,500 SF of mixed-light canopy area. The location and size of the project site comply with the local ordinance requirements for use and setbacks. The Lake County Zoning Ordinance allows Type 1, 2, 3, and 4 cultivation operations on Agriculture-zoned land, and the subject site is +58.54 acres in size, large enough to enable the cultivation area proposed. 3. That the streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The site is served by a private driveway, which is accessed from Gold Dust Drive or by Kelsey Creek Drive to Staheli Drive to Gold Dust Drive; both are 2-lane minor rural collector roads. Additionally, per the Public Resources Code (PRA) 4290/4291 Fire Safe Requirements, the project will need to meet the CALFIRE road standards outlined in Public Resources Code 4290/4291. The applicant must comply with all building codes prior to construction of any structures. Therefore, the project has adequate access to accommodate the specific use and will be required to maintain and improve the access to be compliant with Public Resources Code 4290/4291. 4. That there are adequate public or private services, including but not limited to fire protection, water supply, sewage disposal, and police protection to serve the project. The project site would utilize an onsite groundwater well and portable toilets until the construction of the greenhouse and barn facilities are complete. Additionally, the project parcel has adequate emergency service protection through the Lake County Sheriff's Office, California Highway Patrol (CHP), and the Kelseyville Fire Protection District. The applicant is required to adhere to all applicable local, state, and federal regulations, mitigation measures, and conditions of approval intended to ensure adequate services and maintain safety at the site. This application was routed to all of the affected public and private service providers (including Public Works, Special Districts, Environmental Health, PG&E, and all area Tribal Agencies), and there are adequate public utilities and services available to the site. No adverse comments were received. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, and any approved zoning or land use plan. The cultivation of commercial cannabis is a permitted use within the Agriculture zoning district upon securing a Major Use Permit according to Article 27 of the Lake County Zoning Ordinance. Additionally, the Lake County General Plan does not have any provisions specifically for commercial cannabis, but both the General Plan and the Kelseyville Area Plan have provisions for economic development, water resources, and agricultural resources land use compatibility. Additionally, the subject property complies with the minimum setbacks and development standards. 6. That no violation of Chapters 5, 17, 21, 23, or 26 of the Lake County Code currently exists on the property, unless the purpose of the permit is to correct the violation, or the permit relates to a portion of the property which is sufficiently separate and apart from the portion of the property in violation so as not to be affected by the violation from a public health, safety, or general welfare basis. There are no violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code on this property. In addition to the findings required above for a Use Permit, the following findings are required for approval of a cannabis-specific Use Permit: 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. as outlined in this staff report. 8. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii as outlined in this staff report and Exhibits A1 through A9. Purchasing Considerations (check all that apply): X Not applicable

Staff recommends the Board return the application to the Planning Commission for their consideration. The Planning Commission is meant to have a five-person body for thorough and deliberate consideration of land use permits. Unfortunately, due to the substantial errors in the Staff Report, and the absence of two Commissioners, this application did not receive the thorough and deliberate consideration the Board would rightly expect.

Exhibits: 1. Vicinity Map 2. Proposed Rezone and General Plan Amendment Map 3. Planning Commission Staff Report and Packet 4. Planning Commission Hearing Minutes, August 11, 2022 I. EXECUTIVE SUMMARY The applicant requests a Rezone and General Plan Amendment to change the zoning and General Plan designations of the parcel at 11377 S. Highway 29, Lower Lake, from "C3" (Service Commercial zoning and General Plan) to "C2" (Community Commercial zoning and General Plan). The intent of the applicant is to sell retail cannabis at this location, which is not allowed under "C3" zoning. "C2" zone allows retail cannabis as a by-right use. Staff recommended denial at the Planning Commission meeting on August 11, 2022; due to the potential conflicts of spot zoning; a single parcel zoning district surrounded by other zoning districts. The Planning Commission approved a recommendation of approval however, finding that it would create spot zoning, but that operation of a cannabis retail at this location served the greater public good. Figure 1 - Aerial Photo of Site Source: Google Earth Pro Project Setting Applicant: Valerie Peng Owner: Clayton Creek Storage Location: 11377 Highway 29, Lower Lake, CA A.P.N.s: 049-300-02 General Plan (E): Service Commercial General Plan (P): Community Commercial Zoning (E): "C3" Service Commercial Zoning (P): "C2" Community Commercial Flood Zone: D, Undetermined School District: Konocti Unified School District Fire Protection: South Lake Fire Protection District (CalFire) Existing Uses and Improvements: The site is developed with a 2,000 sq. ft. retail building and a paved parking lot. Water Supply: Public water system Sewage Disposal: Public sewer System. Vegetation: Several native oak trees, grasses Supervisorial District: 1 Surrounding Uses and Zoning: * North, East and South: "C3" Service Commercial-zoned lots developed with a trucking yard located to the north, and a mini-storage to the south. To the east are heavy commercial uses. * West: "A" Agriculturally-zoned lots; partially developed with crops Figure 2 - Existing Zoning of Site and Vicinity Source: Lake County GIS Mapping II. PROJECT ANALYSIS General Plan Conformance The General Plan designation for the subject site is Service Commercial; this designation applies to properties zoned "C3". The area contains a mixture of "C3" Service Commercial zoning and "A" Agriculturally-zoned land and uses. The adjacent lots contain a transportation yard, mini storage and established heavy commercial uses. Service Commercial (existing) The purpose of this land use category is to provide areas suitable for heavier commercial uses within developed areas. Typical uses that would be permitted with appropriate buffer distances include automotive-related or heavy equipment sales and services, building maintenance services, construction sales and services, and warehousing. This designation is located both inside and outside of Community Growth Boundaries. Community Commercial (proposed) The purpose of this land use category is to provide a full range commercial retail and service commercial establishments serving multiple neighborhoods or the entire community. These districts should include or enable a variety of convenience and shopping opportunities. Typical uses that would be permitted include gasoline service stations, hardware stores, eating and drinking establishments, food and beverage sales, public buildings, general merchandise stores, professional offices, and finance offices. The Service Commercial designation is intended for more intensive commercial uses that have less traffic (vehicular and pedestrian) than the Community Commercial General Plan designation would typically have. If this application is approved, the subject lot will be the only Community Commercially-designated lot in this entire vicinity. Zoning Ordinance Conformance Article 19 - C2 Community Commercial Zoning District purpose is to provide a full range of commercial retail and service establishments to communities.. The following regulations apply in all "C2" districts and all uses shall be subject to development review as set forth in Article 56. 19.3 Uses permitted: The following community commercial uses are permitted: When conducted within a completely enclosed building; when open to the public between the hours of 6:00 a.m. and 12:00 a.m.; when without drive-thru facilities; and when not exceeding a maximum of five thousand (5,000) square feet of gross floor area per use or ten thousand (10,000) square feet of total gross floor area: (o) Retail sales of Cannabis. (Ord. No. 3084, 05/21/2019) The main difference between the "C3" and "C2" zoning districts is the intensity of the types of uses allowed. "C3" uses are generally not high vehicle trip generators. "C2" uses are intended for more significant vehicle and pedestrian use, and generally have individual accesses into and out of the use's site. In the case of the subject site, there is no direct access from Highway 29; access is from Clayton Creek Road off of Highway 29 and through other properties to get to the building on the site. Trip Generation. The International Transportation Engineer's manual shows average daily trips for various land uses. Commercial cannabis retail sales are listed within the ITE manual (9th Edition). The trips generated by retail cannabis sales are very high in comparison with other non-cannabis retail: URL: Staff's Recommendation. Staff recommended denial of this action to the Planning Commission, which represents spot zoning, and may have the effect of having uses on the site that are incompatible with the neighboring "C3" zone uses. Planning Commission's Recommendation. The Planning Commission voted to recommend that the Board of Supervisors approve this request during a public hearing on August 11, 2022. The Planning Commission found that rezone would create spot zoning, but that a cannabis retail use at the location will benefit the greater good of the public and the spot zoning was therefore justified. III. ENVIRONMENTAL EVALUATION A CEQA evaluation was performed prior to the department deciding on a recommendation if denial. CEQA evaluations are not required for projects the department recommends for denial, however, should the Board decide to approve the project, an addendum to the Initial Study would be required to address the findings for the land use conflict created by spot-zoning. IV. FINDINGS REQUIRED FOR APPROVAL General Plan Amendment 1. The proposed amendment is consistent with the General Plan and applicable Area Plan. The parcel is currently designated as Service Commercial; the applicant is seeking a rezone from "C3" to "C2", and a General Plan amendment from Service Commercial to Community Commercial. The two designations have different characteristics of the uses that are permitted. Compatibility of uses was a point of concern to staff, who recommended 'denial' due to potential use conflicts due to 'spot zoning unless there are over-riding findings. Staff cannot make a finding that this proposal is consistent with the General Plan. 2. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. Staff's evaluation of the project was to conclude that this action represented 'spot zoning', and that the uses permitted in the "C2" zoning district were not compatible with uses allowed in the "C3" zoning district. The Applicant has made it clear that her intention is to sell retail cannabis at this location. The trip generation characteristics of retail cannabis sales do not fit with the "C3" uses in the vicinity, and vehicles traveling to and from the subject site have to pass through established "C3" uses to access the site. Trip generation data is provided under the finding for "3" below. 3. This project will not result in any significant adverse environmental impacts. The uses permitted in the "C2" zoning district include retail uses that are oriented primarily toward high volume vehicular uses and pedestrian use, such as restaurants, cafes, offices, drive-through uses, and so forth. The uses allowed in the "C3" zoning district are less vehicle intensive, and do not encourage pedestrian access in the same manner that typical "C2" zoning allows. The "C3" Service Commercial areas may also allow for uses that could be objectionable due to noise, offensive odor, smoke, dust, bright lights, vibration, or unusual traffic, or involve the handling of explosives or dangerous materials. It is due to the potential negative impacts that "C3" Service Commercial is located away from central business districts. According to the ITE Manual, 9th Edition, retail cannabis sales generate about ten times the amount of daily trips that are generated by more traditional retail uses, and about five times the amount of traffic generated by pharmacies. While the use of the building for retail cannabis sales is not under consideration, the applicant has made it clear at the Planning Commission hearing that her intent was to market local cannabis products at this location, which she cannot do under the current zoning of the property. CEQA requires analysis of all reasonably foreseeable development or project components that may occur on-site in the future. The Negative Declaration did not evaluate potential trips associated with the cannabis retail use on the site, and may not be sufficient in terms of traffic-related impacts and mitigation measures that otherwise might be necessary. Rezone 1. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan, Lake County Zoning Ordinance and any approved zoning or land use plan. Staff was not able to make a finding that this project, with the intended use, is in conformance with the applicable provisions and policies of the General Plan due to the different characteristics of uses permitted in the Service Commercial designation versus the Community Commercial designation. The Planning Commission made a finding that the project would create spot zoning conflict, however they determined that retail sale of cannabis at this location fills a community need that overrides the avoidance of spot zoning. 2. This project will not result in any significant adverse environmental impacts. The Negative Declaration (IS 22-20) did not evaluate vehicle trips associated with retail cannabis sales or conflicts in land uses. Nor did it include analysis of the conflict with spot zoning. Environmental analysis is not required for projects which the department recommends denial. Initial Study 22-20 was performed prior to the department's recommendation of denial and would require amendment and recirculation to analyze the traffic impacts and Code conflicts, should the Board intend to approve the project. RECOMMENDATION Denial: If the Board decides to deny this action, staff recommends the Board of Supervisors: 1. Find that this action represents "spot-zoning." 2. Find that "spot-zoning" is discouraged in California due to the potential for land use conflicts. 3. Find that this project is not consistent with the Lake County General Plan. Approval: If the Board decides to approve this action, staff recommends the Board of Supervisors: 1. Acknowledge that this action represents "spot-zoning." 2. Provide staff with findings that supersede creation of a spot zoning conflict. 3. Direct staff to amend the draft Initial Study to include these findings and to address the traffic conflict. 4. Direct staff to return to the Board of Supervisors after the amended Initial Study has completed its review period. ____________________________________________________________________________ N/A Sample Motion (denial): Rezone (RZ 22-01) and General Plan Amendment (GPAP 22-01): I move that the Board of Supervisors find that the Rezone (RZ 22-01) and General Plan Amendment (GPAP 22-01) applied for by Valerie Peng on a property located at 11377 Highway 29, Lower Lake, further described as APN: 049-300-02 does not meet the requirements of Section 47.22 and Article 19 of the Lake County Zoning Ordinance; and the Rezone and General Plan Amendment be denied based on the findings listed in the Memorandum dated November 8, 2022. Sample Motion (approval): Rezone (RZ 22-01) and General Plan Amendment (GPAP 22-01): I move that the Board of Supervisors acknowledge that this action, RZ 22-01 and GPAP 22-01, applied for by Valerie Peng on property located at 11377 Highway 29, Lower Lake, further described as APN: 049-300-02 represents spot-zoning, however the findings provided to Staff by the Board supersede creation of a spot zoning conflict; and staff shall amend the draft Initial Study to include these findings and to address the traffic conflict; and return to the Board of Supervisors after the amended Initial Study has completed its review period for consideration by the Board in a noticed public hearing.

The County of Lake contracted with Mosaic Public Partners to provide search services for the position of Public Health Officer. The recruitment opened on August 8, 2022 and Mosaic began advertising the position on August 9, 2022 with the following advertising sources, as well as actively promoting the position in LinkedIn: � American Public Health Association � American College of Emergency Physicians � California Department of Public Health � California State Association of Counties � Careers in Government � County Health Executives Assoc. of Calif � National Association of County and City Health Officials � National Association of County Health Services Association � NeoGov � Public Health Jobs Advertising yielded one candidate, and the candidate did not meet the minimum qualifications for the position. In addition, Mosaic identified 61 potential candidates serving in similar roles across California counties and personally sent the candidate profile to each with an invitation to discuss the position. Feedback from candidates who responded did not yield any interest in the position or suggestions of others who may be interested. On August 22, 2022 Mosaic identified an additional 54 potential candidates who were working with the State of California Department of Public Health. While none of the 54 candidates were personally interested in the position, a conversation with one led to a connection with Dr. Noemi Doohan. Dr. Doohan had previously served as the Public Health Officer for the County of Mendocino. Although she accepted a position in Santa Barbara and was not interested in this the Lake County PHO position. She shared valuable insight into the challenges in recruiting for the role and suggestions on how to improve the attractiveness of the position in the medical community but also on how to ensure the long-term success and viability of whomever serves as the next Public Health Officer. Dr. Doohan stated that public health doctors are afraid of the political nature of these positions, especially in counties where there has been turnover in the position. She communicated that the prevailing thought in the medical community is that Public Health Officers are frequently terminated by elected boards, not for misconduct or poor performance, but for the political aspects of decisions related to public health. Despite this, Dr. Doohan believes these should be attractive positions to physicians if proper support is provided to new Public Health Officer. In her view, proper support includes not only administrative support, but mentoring for those new to the public arena, as well as education for various county officials on how to best utilize all that a Public Health Officer can do for a county. Dr. Doohan shares this perspective because, as the new Public Health Officer for Mendocino County, she was provided a mentor who was invaluable to her in navigating the new role - especially in the early days of the pandemic. She added that before she accepted the position, "no one would take the job" in Mendocino County and it was the mentorship arrangement that convinced her to accept it. During Mosaic's conversations with Dr. Doohan, it was apparent that she has passion for public health but also for the Mendocino/Lake County region, and has a substantial network of public health colleagues that she would actively encourage to consider the Lake County position if she believed the new Public Health Officer would be provided with the kind of support that she experienced in Mendocino County, which she now feels is an attractive position in the public health community. In addition, she also stated that most PHO candidates would require a severance provision in the employment agreement for them to move into a PHO position. Dr. Doohan is happy to promote Lake County's PHO opening and give us access to her substantial network of public health colleagues, but wants to ensure that any candidate from her network will be successful and have good support. Dr. Doohan proposes a mentor program similar to the program that was available to her in Mendocino County. Proposed mentor program: � Dr. Doohan's consulting rate is $250 per hour. � Three to six months in duration � Months 1-2: five to ten hours per week. � Month 3: up to five hours per week. � Months 4-6 as needed not to exceed 10 hours per month Staff seeks approval to enter into an agreement with Dr. Doohan for the PHO mentor program not to exceed $25,000.

a) Update Only. b) Approve the Lake County Public Health Officer mentor program.

Spring Valley CSA#2 Advisory Board Applicant: Helen Micham - Re-Appointment Cindy K Storrs - Re-Appointment

Appoint qualified applicants to the specified advisory board.