Board Of Supervisors — Tuesday, August 13, 2024
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1. Call to Order
2. Moment of Silence
3. Pledge of Allegiance
4. Consideration of Extra Items Not Appearing on the Posted Agenda
5. Approval of the Consent Agenda
5.1Second Reading of an Ordinance of Lake County Regulating Tobacco Product Sales, Requiring the Licensure of Tobacco Retailers, and Amending the Lake County Code
Action Item
passed on consent
Staff memo
Executive Summary
The first reading of the ordinance was on August 6, 2024. This is the second reading.
Recommended Action
Approve Second Reading of an Ordinance of Lake County Regulating Tobacco Product Sales, Requiring the Licensure of Tobacco Retailers, and Amending the Lake County Code
5.2Adopt Resolution Amending Resolution No. 24-68, Establishing the Position Allocations for Fiscal Year 2024-2025 to Conform to the Recommended Budget, Budget Unit 1908, Engineering & Inspection Division, and 3011 Road Department and Authorize the Chair to Sign
Action Item
passed on consent
Staff memo
Executive Summary
The Department of Public Works (DPW) requests position changes within the Road Department & the Engineering and Inspection Division.
The Director of Public Works (Director) requests the following changes:
Road Department (Budget Unit 3011):
1. Replace "Public Works Inmate Crew Leader" with "Heavy Equipment Operator I"
Engineering & Inspection Division (Budget Unit 1908):
1. Replace "Principal Civil Engineer" with "Capital Project Manager"
2. Replace "Assistant Engineer, I/II" with "Capital Project Manager"
The Road Department no longer uses inmate labor to perform road maintenance work; therefore, the position is not needed. The Director requests to replace the vacant "Public Works Inmate Crew Leader" positions with a "Heavy Equipment Operator I" position who will contribute to road maintenance efforts. The Road Department (Budget Unit 3011)'s net savings will be not less than $483.60 per month.
The Engineering & Inspection Division (E&I) has 3 vacant positions - "Principal Civil Engineer," "Associate Civil Engineer," and "Right of Way Agent." The vacant engineering positions have been difficult to fill. E&I currently has four staff - three "Assistant Engineer I"s and a "Public Works Construction Project Manager" - managing approximately thirty projects. Due to the workload, E&I relies heavily on consultants to supplement vacant positions.
The Director requests to replace the two engineering positions with two "Capital Project Manager" positions. A large part of an engineer's role is managing projects, as opposed to performing engineering, therefore, a non-engineer with management skills can perform a significant portion of the engineer's job duties. The new positions, once filled, will reduce (not eliminate) E&I's reliance on consultants. E&I's net saving will not be less than $367.00 per month.
DPW continues to seek a licensed civil engineer to lead E&I staff.
Recommended Action
Adopt Resolution Amending Resolution No. 24-68, Establishing the Position Allocations for Fiscal Year 2024-2025 to Conform to the Recommended Budget, Budget Unit 1908, Engineering & Inspection Division, and 3011 Road Department and Authorize the Chair to Sign
5.3(a) Approve amendment to agreement between the County of Lake and Sun Ridge Systems, Inc for the purchase of Citizen RIMS software $11,000.00, installation $1,200.00, annual support $1,650.00; and (b) Authorize the Chair of the Board to sign.
Action Item
passed on consent
Staff memo
Executive Summary
The Sheriff's Office recently identified an issue related to the release of personal identifying information of individuals who were recently arrested or currently incarcerated at the Lake County Jail. This was identified as a potential liability risk for the County. Working with the County IT Department it was determined that the current system used to release this information is old and antiquated to the point that making changes to control the release of certain information would be extremely difficult. The IT Department recommended purchasing Citizen RIMS software that would not only fix the current issue, but additionally would allow the Sheriff's Office to share selected crime data with the public. This will help keep the public informed of current crime trends and enforcement. We request approval of the attached amendment to approve the purchase and installation of the Citizen RIMS software.
Recommended Action
(a) Approve amendment to agreement between the County of Lake and Sun Ridge Systems, Inc for the purchase of Citizen RIMS software $11,000.00, installation $1,200.00, annual support $1,650.00; and (b) Authorize the Chair of the Board to sign.
5.4(a) Approve Amendment 1 between the County of Lake and Summit Food Services effective October 1st, 2024, for a one year contract extension with no change from the original contract and (b) authorize the Chair to sign
Agreement
passed on consent
Motion carried
Carried 5-0 — moved by Crandell
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
On October 1, 2022, the Sheriff's Office entered into a three-year agreement with two one-year extensions for food services at the Lake County Jail with Summit Food Services. Summit Food Services provides meal preparation services for the incarcerated population. Summit Food Services is requesting an annual price adjustment. Price adjustments are covered under the Food Services Agreement, Exhibit C, � 2.4 Future Pricing, which allows for Summit Food Services to request an annual increase of 3% or the most recently released U.S. Department of Labor Consumer Price Index, All Urban Consumers, National Average Unadjusted, Food Away From Home whichever is greater. The current CPI as of June 2024 was 5.2%. Therefore, Summit Food Services is requesting a 5.2% increase in their rates. This is the first request for an increase by Summit Food Services during this agreement.
The Lake County Sheriff's Office requests your Boards' approval on the attached one-year contract amendment with Summit Food Services effective October 1st, 2024, and authorize the Chair to sign.
Recommended Action
(a) Approve Amendment 1 between the County of Lake and Summit Food Services effective October 1st, 2024, for a one-year contract extension with no change from the original contract and (b) authorize the Chair to sign.
On motion of Supervisor Crandell, and by vote of the Board, approved consent agenda items 5.1 through 5.4. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
6. Timed Items
6.19:02 A.M. - Public Input
Clerk’s notes: Public Members Elaine Brown, Peter Windrem, Paul Machian, Invasive Species Manager Angela DePalma Dow, and Frances Ford spoke.
6.29:03 A.M. - Pet of the Week
Presentation
Clerk’s notes: This item was pulled from the agenda.
6.39:15 A.M. - PUBLIC HEARING - Consideration of Appeal (AB 24-02) of Planning Commission's Approval of Major Use Permit (UP 20-96), Highland Farms, LP/Autumn Karcey; Located at 7508, 7522, 7634, & 7746 Highland Springs Road and 7257 & 7357 Amber Ridge Road in Lakeport, CA. (APNs 007-006-27, 34, 35, 40, 41, and 007-057-02); Appellant Tom Lajcik and Margaux Kambara and Associates
Public Hearing
Motion carried
Carried 5-0 — moved by Green
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
A. May 23, 2024, Planning Commission Staff Report with the following attachments:
1. Project Site Plans by Lake Co. Development (11/10/2023)
2. Draft Conditions of Approval (May 23, 2024)
3. Farm Management Plan (amended 11/26/2023)
4. Draft Initial Study/Mitigated Negative Declaration (IS 20-116)
5. Hydrology Report by Summit Engineering, Inc. (11/12/2021)
6. Drought Management Plan
7. Water Availability Analysis by Summit Engineering, Inc. (1/20/2022)
8. Commercial Electric Service Calculation Analysis by Summit Engineering, Inc. (4/12/2021)
9. Combined Road Work and Culvert Volumes by Delve Engineering and Consulting (5/22/2021)
10. Geotechnical Report by Bauer Assoc, Inc. (12/10/2021)
11. Biological Assessment
12. Air Quality and GHG Models
13. Agency Comments
14. Tribal Comments
15. Public Comment
B. Planning Commission Minutes from May 23, 2024, Public Hearing
C. Appeal Application (AB 24-02)
D. Appellant Comments Submitted by Somach Simons & Dunn (7/26/24)
E. Applicant (Highland Farms, LP) Comments Submitted by Rutan & Tucker, LLP (7/19/24)
F. Ordinance 3096; Public Lands
On May 23, 2024, the Lake County Planning Commission adopted Mitigated Negative Declaration (IS 20-116) and approved a Major Use Permit (UP 20-96) for commercial cannabis cultivation of nineteen (19) A-Type 3 "Medium outdoor" licenses consisting of nineteen (19) acres of outdoor commercial cannabis canopy, two (2) A-Type 3B "Mixed-light" commercial cannabis canopy consisting of 34,404 square feet (sf), Type 4 Nursery, and a Type 13 B and C Distribution located at 7508, 7522, 7634, & 7746 Highland Springs Road and 7257 & 7357 Amber Ridge Road in Lakeport, CA. (APNs 007-006-27, 34, 35, 40, 41, and 007-057-02). The project proposes four cultivation gardens identified as A, B, C, and D with two stages of development. The first stage is proposed for outdoor commercial cannabis canopy. The second stage converts a portion of garden C from outdoor cultivation to 34,404 square feet (sf) of mixed-light commercial cannabis canopy within a 160 x 296 (Building H) greenhouse with 90 sf loading zone greenhouse.
At the May 23, 2024, hearing, the Planning Commission heard public comment and provided for the applicant and subject matter experts to respond; the Planning Commission approved the project by a unanimous vote of 3-0, with Commissioner Brown absent and the District 5 seat being vacant. The Planning Commission Staff Report and associated attachments are included as Exhibit A; the minutes of the meeting are included as Exhibit B, and the meeting may be viewed online at:
https://lakecounty.granicus.com/player/clip/722?view_id=1&redirect=true
In accordance with County of Lake Zoning Code Section 58.31, the appellants and Tom Lajcik, Margaux Kambara and Associates, filed an appeal (AB 24-02) of the Planning Commission's decision on May 23, 2024. The appeal application is included in Exhibit C. As described in the application, the appellants note the presence of serpentine soils identified as Maymen-Hopland-Etsel Association, 15 to 50 percent slopes.
Staff's analysis of the forementioned points raised by the appellants is included in Section III, Appeal Analysis, below. In summary, there was no new information presented at the Planning Commission hearing that identified inconsistencies between the project (as conditioned) and the County Code, or information resulting in Staff being unable to recommend the findings required for a major use permit. Additionally, the appellants did not provide any new information in the Appeal application that was not either previously analyzed by Staff or previously discussed and resolved at the Planning Commission hearing. As such, Staff's original recommendation for approval of the project remains. Staff recommends the Board deny the appeal (AB 24-02), upholding the Planning Commission's adoption of Initial Study (IS 20-116) and approval of Use Permit (UP 20-96).
The Appeal Application (AB 24-02) is included in Exhibit C and additional comments submitted by the Appellant are included in Exhibit D. Comments submitted by Highland Farms, LP (Applicant) are included in Exhibit E).
I. PROJECT OVERVIEW
Setting. The site is located to the west of Highland Springs Lake in unincorporated Lake County, five miles west of Kelseyville, and seven miles south of Lakeport. The Project is being proposed with six parcels contiguous parcels to allow collocation/clustering of permits, three of which contain the cultivation areas. (APNs: 007-006-40; 007-006-35; 007-006-34). Total acreage combined is 508.19 acres.
The site contains a total of one Class II and eight Class III streams. Nine stream crossings would be utilized during the operation of the proposed project in accordance with a California Department of Fish and Wildlife (CDFW) Lake Streambed Alteration Agreement (LSAA). Seasonal wetlands occur adjacent to, but not within the project site. Five biological surveys were completed for the proposed project (Exhibit A11). A minimum setback of 50 feet would be maintained from the top of bank of the Class III waterways and wetland boundaries, and 100 feet from the top of bank of the Class II waterway adhering to required setbacks. Comments were received from the California State Water Resource Control Board confirming setbacks. (Exhibit A13).
Project Summary. An application for Major Use Permit (UP 20-96) was originally submitted on December 14, 2020. The detailed project description and site plans can be found in the Planning Commission Staff Report (Exhibit A). Canopy and Cultivation Areas: The applicant proposes two stages of development. During Stage 1 of the project, the applicant is applying for nineteen (19) A-Type 3 acres of outdoor commercial cannabis cultivation area, rather than canopy area, to allow for future adjustments in cultivation style and layout within the footprint of the approved cultivation areas. While the 19 license types would typically allow for 19 acres of outdoor cannabis canopy, the applicant proposes a maximum of 5.9 acres of outdoor plant canopy based on the area only in which the cannabis plants will grow. This does not account for aisleways and rows. The applicant intends to request a reduction of the actual square footage of canopy for cultivation taxation purposes by June 01 of the calendar year, as determined for each growing season for the duration of the major use permit. Please refer to the Planning Commission Staff Report and Attachments included in Exhibit A for additional project details and site plans.
FIGURE 1 - VICINITY MAP
FIGURE 2 - STAGE 1 SITE PLAN
FIGURE 3 - STAGE 2 SITE PLAN
Environmental Review. The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. A Draft Initial Study and Mitigated Negative Declaration (Exhibit A4) was prepared and circulated for public review in compliance with CEQA from April 8, 2024, to May 7, 2024. The Initial Study found all impacts to be less than significant with implementation of mitigation measures related to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology/Soils, Hazards & Hazardous Materials, Hydrology/Water Quality, Noise, Tribal Cultural Resources, and Wildfire.
Planning Commission Approval. At the May 23, 2024, public hearing, the Planning Commission considered all public testimony and information in the record and adopted the Initial Study/Mitigated Negative Declaration (IS 20-116) and approved (UP 20-96) based on the findings found in the Staff report dated May 23, 2024 (Exhibit A).
II. APPEAL ANALYSIS
Per Lake County Zoning Ordinance Section 58.31, decisions of the Planning Commission may be appealed by an interested party within seven (7) calendar days of the decision and shall be accompanied by a written statement setting forth the grounds upon which the appellant asserts there was an error or abuse of discretion by the Planning Commission. In this case, the appeal (AB 24-02) of the May 23, 2024, Planning Commission decision was filed by the appellants in a timely manner on May 28, 2024. In their application for Appeal (Exhibit C), the appellants provided specific areas on concern for the project stating, "CEQA and other legal violations. Additional comments submitted by the Appellant (Exhibit C) reiterate and expand upon these points. Points raised by the Appellant, as well as Staff's responses to the issues are summarized below.
1. Serpentine soils, other environmental violations.
Staff Response: The access easement for the project parcels include APN 007-043-01, which is designated as Open Land owned by the County of Lake for Highland Springs Recreation Area. A portion of the access easement connecting to Highland Springs Road contains mapped serpentine soils for approximately 460 feet. Upon approval of the project, the applicant is required to obtain an Authority to Construct Permit from the Lake County Air Quality Management District (LCAQMD) as outlined in the Conditions of Approval (Exhibit A2). In addition, all earthwork and roadway improvements that are not exempt from grading and building permits must be approved by the Planning Division for a grading permit. The project requires a Serpentine Dust Control Plan due to the presence of serpentine soil, as indicated in Agency Comments (Exhibit #A13). The applicant is seeking approval for both the Authority to Construct permit from LCAQMD and a complex grading permit from Resource Planning. Upon project approval for UP 20-96, the applicant will submit a Serpentine Dust Control Plan to LCAQMD. The permit holder must comply with the terms and conditions of LCAQMD's Conditional Approval for the Serpentine Dust Control Plan. This Conditional Approval is valid for two years and must be renewed annually until determined otherwise by LCAQMD.
FIGURE 4 - Mapped Serpentine Soils
Source: Lake County GIS
2. Traffic cumulative effect on Highland Springs Road.
Staff Response: The property is accessed from Highland Springs Road via a private access roadway. The proposed project is expected to result in a maximum of 52 trips per day. The impact of vehicle miles traveled (VMT) for the project was assessed following guidelines provided by the California Office of Planning and Research (OPR) in the Transportation Impacts (SB 743) CEQA Guidelines Update and Technical Advisory, 2018.
The OPR Technical Advisory outlines criteria for identifying projects that are unlikely to have a significant VMT impact and can be exempt from further analysis. One of these criteria includes small projects, defined as those generating fewer than 110 new vehicle trips per day on average. The OPR specifies that VMT calculations should be based on a typical weekday and averaged over the year to account for seasonal variations.
Since the proposed project is projected to generate less than the 110-trip screening threshold for VMT impacts as outlined in the OPR Technical Advisory, it can be concluded that the project will have a minimal transportation impact in relation to vehicle miles traveled.
During the Planning Commission hearing on May 23, 2024, Director Turner inquired about the condition and status of Highland Springs Road from the Department of Public Works. The response provided to the Planning Commission indicated that Highland Springs Road is a county-maintained road up to the county line. While there are narrow sections, it is not classified as a single-lane road. There are some areas with limited visibility, and caution is advised, especially on narrow, unpaved mountainous roads. The Department of Public Works is not aware of a high rate of accidents on this road.
Additionally, comments from the Department of Public Works, Roads Division (refer to Exhibit A13), require the project to improve the driveway to meet commercial standards. This improvement is also necessary in accordance with the requirements outlined in Public Resource Code 4290 and 4291 Road Standards, as requested by the Fire District.
3. Insufficient Hydrology and Biology Report
Staff Response: The appellants have not provided detailed reasons for their concerns regarding the adequacy of the Hydrological and Biological Reports. However, a summary of the documents and analyses prepared by qualified professionals for the project is outlined below.
Hydrological Report: The applicant has submitted a Water Use Analysis (Analysis) conducted by Sumit Engineering, taking into account the size of the cultivation areas. The Analysis (Exhibit A7) assesses the proposed use based on the cultivation areas with rows and aisles, rather than the actual plant canopy. As per the Analysis, the total estimated water demand for the Facility is 22.7 acre-feet per year, which accounts for 36% of the conservatively estimated 62.5 acre-feet per year of groundwater recharge potential for the project site. The water demand of the Facility does not exceed its estimated precipitation recharge capability.
Biological Surveys: The applicant has provided a collection of five Biological Assessments for the project site. These assessments include a Biological Assessment, Pinecrest Environmental Consulting dated December 9, 2020; Memorandum, Pinecrest Environmental Consulting dated 3/31/2021; Memorandum, Pinecrest Environmental Consulting dated May 23, 2021; Biological Memorandum, AES Montrose dated February 11, 2022; and Technical Memorandum, AES Montrose dated July 13, 2022 (Exhibit A11).
As analyzed in the Initial Study for the Project, the project could result in impacts to sensitive plant and animal species if not properly mitigated. The biological surveys include several protective measures that have been incorporated into the Initial Study/Mitigated Negative Declaration (Exhibit A4) as Biological Resources Mitigation Measures BIO-1 through BIO-3. These mitigations are reiterated within the project's Conditions of Approval (Exhibit A2). The State Water Resources Quality Control Board (SWRQCB) has jurisdiction over ephemeral drainages and isolated wetlands. The site does contain drainages and a wetland; however, a forma wetland delineation was not completed because the project would exceed the required setbacks from wetlands (as well as other water features on the site). Further, Mitigation Measure BIO-1identifies protective measures for seasonal wetlands, including a survey of the seasonal wetlands and watercourses with setbacks and buffers identified with high-visibility fencing or flagging. SWRQCB has provided Agency Comments (Exhibit A13) on the project and a CDFW LSAA was applied for by the applicant.
4. Proximity to Public Lands
Staff Response: Ordinance 3096 (Exhibit E) states commercial cannabis cultivation is prohibited within 1,000 feet of the following areas or uses.
"Public lands, where, because of development or other actions, it is clear that the public is invited to use such locations as places of recreation and other destination activities including but not limited to, hiking, birdwatching, equestrian activities, and camping. Additionally, all State and County parks are public lands."
The Highland Springs Recreation Area (a County Maintained Park) is adjacent (northeast) of the project site. At the Planning Commission hearing, trail maps from Highland Springs were reviewed by staff and staff confirmed the closest trail was approximately 2,940 feet from the cultivation site. Therefor active trails are not within 1000' setback from the closest cultivation site. See Figures 5 and 6 below.
Figure 5-Highland Springs Dedicated Trails for Public Use
Source: Highland Springs Trail Volunteers Group
Figure 6 - Distance from Cultivation Site to Dedicated Trails for Public Use
Source: Lake County GIS Portal
Conclusion
Staff must analyze projects for conformance with existing code requirements and regulations. As summarized above and discussed in detail throughout the May 23, 2024, Planning Commission Staff Report (and associated documents), the project meets all required regulations related to development and siting and is also consistent with the General Plan and Kelseyville Area Plan. Staff recommends the Board deny the appeal, upholding the Planning Commission's approval of the project Use Permit (UP 20-96) and adoption of Initial Study (IS 20-116). Findings for approval are provided below, and conditions of approval (as revised) are included in Exhibit E.
III. MAJOR USE PERMIT FINDINGS 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 commercial cannabis cultivation operation is a permitted use in the "RL" Rural Lands 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. The project meets or exceeds all required setbacks for this type of use, including distance to nearby sensitive receptors. 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 Community Development Department 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 location and size of the project site comply with the local ordinance requirements for use and setbacks. The site is large enough to meet the standards and criteria for commercial cannabis licenses applied for as found in Article 27.11. The Lake County Zoning Ordinance allows Types 1, 2, 3, and 4 cultivation operations within "RL" Rural Lands zoning districts, and the subject site is 508.19 acres total, large enough to enable the cultivation and canopy areas, as proposed.
3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use.
Interior roadway improvements are proposed. Per Fire Safe Requirements, the project will need to meet the CAL FIRE road standards outlined in Public Resources Codes 4290/4291. The applicant must comply with all building codes prior to construction of any structures. The applicant must comply with LCAQMD for permitting requirements. There is no pedestrian access to the Project Site. 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.
During Stage 1, the project site will utilize three permitted onsite groundwater wells and twenty-eight (28) 5,000-gallon water storage tanks, two of which are comprised of steel or fiberglass dedicated to fire suppression. During Stage 2, installation of 50,000-gal water tank, 65,000-gal water tank, and 77,000-gal water tank are proposed. The project parcel has adequate emergency service protection through the Lake County Sheriff's Office, California Highway Patrol (CHP), the California Board of Forestry and Fire Protection, (CAL FIRE), and the Lakeport 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 site. This application was routed to all the affected public and private service providers (including Public Works, Special Districts, Environmental Health, PG&E), and there are adequate public utilities and services available to the site.
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 Rural Lands zoning district upon securing a Major Use Permit according to Article 27.11 of the Lake County Zoning Ordinance. Additionally, although the Lake County General Plan does not have any provisions specifically for commercial cannabis, both the General Plan and the Area Plan have provisions for economic development, water resources, and agricultural resources land use compatibility. The subject property complies with the minimum setbacks and development standards. The proposed project does not have conflicting land use and is outside of buffer areas.
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 known violations of Chapters 5, 17, 21, 23, or 26 of the Lake County Code on this property.
7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i.
This application meets the following Development Standards, General Requirements and Restrictions as specified within Article 27.11(at) of the Lake County Zoning Ordinance.
8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g).
The applicant has passed a 'live scan' background check and is qualified to undertake a commercial cannabis cultivation activity subject to approval of this use permit. All employees of this project will also be required to pass a 'live scan' background check. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i).
RECOMMENDATION
Deny the Appeal (AB 24-02), upholding the May 23, 2024, Planning Commission's adoption of Initial Study/Mitigated Negative Declaration (IS 20-116) and approval of Major Use Permit (UP 20-96) subject to the findings in the Memorandum dated August 13, 2024, and Conditions of Approval in Exhibit A2.
Sample Motions:
Appeal Denial (AB 24-02)
I move that the Board of Supervisors deny Appeal AB 24-02, in concept, and direct Staff to prepare Draft Findings of Fact.
On motion of Supervisor Green, and by vote of the Board, approved continuation of the item to the October 22, 2024 Board of Supervisors Meeting at 9:15 a.m. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Community Development Director Mireya Turner presented the item to the Board. Principal Planner Michelle Irace was present. County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak and the following people present in the Board of Supervisors Chambers spoke: Applicant Representative Sarah Bodner, Attorney for appellant Casey Shorrock, Paul Marsean, Kiwi Pope, Appellant Tom Lajcik, Kimberly Holtzinger, Appellant Margaux Kumbara, Michelle Scully, Karen Sullivan. The following people spoke via Zoom: Natasha Chiwalski, Erin McCarrick, Angela Ameral, Maria Kann, and Attorney for the Applicant Dave Lanferman. No one else wished to speak and the public input portion of this item was closed.
6.410:00 A.M. - Consideration and Presentation of Cooling, Warming, and Clean Air Center Procedures
Presentation
Staff memo
Executive Summary
On August 1, 2023, before your Board was a discussion and direction to staff regarding crafting a policy/plan for standing up warming and cooling centers, and by extension, clean air centers when the basin is inundated by wildfire smoke. Your board directed the Chief Climate Resiliency Officer to convene representatives from the following departments for discussion and policy/plan development:
- Behavioral Health
- Library
- Office of Emergency Services
- Public Health
- Social Services
- Public Services
Additionally, representatives from North Coast Opportunities and the Community Adaptation Program of the American Red Cross volunteered to participate. This representative group began meeting last fall.
At the time the initial item was before your Board, the Chief Climate Resiliency Officer had already gathered managers of area Senior and Community Centers, the Lake County Fairgrounds, North Coast Opportunities (NCO), and the Community Adaptation Program of the American Red Cross to work on a Community Resilience Center Planning Grant application. Additionally, the Community Adaptation Program of the American Red Cross and NCO's Emergency Preparedness In Communities (EPIC) programs had already begun working with Senior Centers whose facilities are not owned by the County and several faith-based organizations to identify barriers to serving as cooling and warming centers and then address those barriers.
The Office of Emergency Services Manager, Leah Sautelet, created and made edits to both of the Severe Weather annexes to the Lake County Emergency Operations Plan: Extreme Heat and Heavy Rains, Snow, and Storms, which the staff convened to work on the policy/plan for opening warming or cooling centers reviewed, gave edit suggestions, and then Sautelet completed The Severe Weather annexes developed as part of this workgroup reflect the actions and processes that county departments have taken over at least the last two years in response to severe weather up to an including disseminating information about cooling/warming options. Those annexes are available at: https://www.lakesheriff.com/924/OES-Plans
Additionally, with the creation of the Ready.LakeCountyCA.gov website by OES in June 2024, information and resources are posted and tailored to current and upcoming weather events.
Infographics have been drafted to meet the direction to staff in the original item before your Board: An easy guide to determine when warming or cooling center operations will be announced. At this time, however, no County department has the budget to extend or expand facility operations outside of their normal working hours or technically operate a "Center" as those typically include additional amenities such as snacks, beverages, charging stations, back-up power, etc.
In the Early July Heat event, North Coast Opportunities and the Community Adaptation Program of the American Red Cross in coordination with County staff and other local Non-Governmental Organizations that comprise the Resilience Hub sub-group of the Lake County COAD (Community Organizations Active in Disasters) which is facilitated by the Red Cross, actively worked to increase capacity of local facilities through the establishment of Community Resilience Centers or the addition of back-up power to current facilities. As the result of this process, several non-governmental organizations opened for the first time in this capacity in response to the Early July Heat event from July 1-6, 2024.
The Resilience Hub working group of the Lake County COAD is interested in a Memorandum of Understanding with the County of Lake in the future and are actively solidifying their activation plans. The COAD does recognize that warming/cooling centers are not highly utilized but expect the need to grow significantly when severe weather coincides with power outages.
In order for County-operated facilities to serve as true Warming or Cooling Centers, all would need back-up power generation, additional funding for staffing and other amenities, as well as temporary curbside signage announcing the availability of warming or cooling to the public.
Recommended Action
Presentation and consideration for direction to staff, as appropriate.
There was Board Consensus to return with a cost review to enhancing services during final budget.
Clerk’s notes: Chief Climate Resiliency Officer Terre Logsdon presented a PowerPoint Presentation to the Board. Red Cross Representative Pastor Shannon Kimbell-Auth and Health Services Director Anthony Arton spoke.
Chair Sabatier asked if anyone present wished to speak. No one wished to speak and the public input portion of this item was closed.
6.511:30 A.M. - Consideration of an Agreement in the Not-to-Exceed Amount of $691,068 Between the County of Lake and SLR International Corporation for Analysis of Effects of Proposed Scott Dam Decommissioning
Action Item
Motion carried
Carried 4-1 — moved by Crandell
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: nay Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
As you will be aware, earlier this year, the County of Lake was awarded a $700,000 Grant from the California Department of Water Resources to conduct an analysis of potential effects of PG&E's proposed decommissioning of Scott Dam. The Funding Agreement relevant to this Grant was executed June 12, 2024.
RFP 24-32 was issued by the County May 2, 2024, seeking qualified firms to conduct this analysis, which encompassed the following tasks, developed in collaboration in Department of Water Resources staff:
Task A. Assessment of Potential Impacts of Dam Removal to Lake County Resources
Impact Areas to be analyzed include:
1. Recreation
2. Wildfire suppression
3. Ecosystem
4. Power
5. Sediment
6. Water supply
7. Infrastructure (e.g. Roads)
8. Others (Please define, if applicable)
Task B. Identify Potter Valley Project Decommissioning and Climate Change Scenarios
Task C. Evaluate Impacts to Resources and Develop Adaptation Strategies
Task D. Evaluate Adaptation Strategies for Potential Implementation
Task E. Report Findings
Two Proposals were received by the June 3, 2024, Proposal Submission Deadline. University of California Cooperative Extension (in collaboration with UCD) Davis SLR International Corporation's Proposal had a cost of $449,751, and proposed assigning two Water Management Lab Master Students to develop modeling under the supervision of two PhD staff. SLR International Consulting's Proposal was more robustly staffed (with more than a dozen highly qualified and experienced contributors), in consideration of the very aggressive Study timeline, and carried a cost of $691,068; as your Board will appreciate, both were within the Budget provided by the California Department of Water Resources Grant.
A Consultant Selection Panel was convened the afternoon of June 12, 2024, pursuant to County policy, and a follow-up meeting was held with the preliminarily top-ranked Proposer, SLR International Corporation July 3, 2024. On July 8, 2024, SLR provided written clarifications of their Proposal and a corrected Budget.
Following all appropriate due diligence, the Consultant Selection Panel unanimously found SLR International Corporation to be the firm most qualified and prepared to meet the Scope of Services in an appropriately timely manner. Panelists cited the depth and range of qualified personnel that would be devoted to undertaking this important project as a determinative factor, as well as SLR's anchoring their Proposal to FERC and other regulatory timelines. Notices of Intent to Award this Agreement were distributed Tuesday, August 6, 2024.
Staff recommends your Board Approve the Agreement in the not-to-exceed amount of $691,068 Between the County of Lake and SLR International Corporation for Analysis of Effects of Proposed Scott Dam Decommissioning, and Authorize the Chair to sign.
Recommended Action
Approve the Agreement in the not-to-exceed amount of $691,068 Between the County of Lake and SLR International Corporation for Analysis of Effects of Proposed Scott Dam Decommissioning, and Authorize the Chair to sign.
| Additional Requested | $0 |
|---|---|
| Future Annual Cost | $0 |
There was Board consensus to have the Administration Office provide a written response to the protest.
On motion of Supervisor Crandell, and by vote of the Board, approved Agreement in the Not-to-Exceed Amount of $691,068 Between the County of Lake and SLR International Corporation for Analysis of Effects of Proposed Scott Dam Decommissioning. The motion carried by the following vote:
Ayes- Supervisors: 4 - Simon, Crandell, Pyska, and Sabatier
Nays- Supervisor: 1 - Green
Clerk’s notes: Chief Deputy County Administrative Officer Matthew Rothstein and Treasurer-Tax Collector Patrick Sullivan presented the item to the Board. UC Cooperative Extension Advisor Dr. Laura Garza, UC Davis Professor Dr. Samuel Sandoval, Dr. Dharme Rathnayake, and County Counsel Lloyd Guintivano spoke.
Chair Sabatier asked if anyone present wished to speak and the following people spoke via Zoom: Frank Lynch and Betsy Cawn. No one wished to speak and the public input portion of this item was closed.
6.61:00 P.M. - PUBLIC HEARING - Consideration of Planning Commission's Recommendation to Approve Valley Oaks Tentative Subdivision Map Extension (SDX 24-01) to Extend Subdivision (SD 06-01), Located at 18761 Hartmann Road, and 18196 and 18426 South State Highway 29, Middletown (lots 24, 36 and 51) APNs 014-260-51, 014-260-36 and 014-260-24
Public Hearing
Motion carried
Carried 5-0 — moved by Simon
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Crandell: aye Green: aye Pyska: aye Sabatier: aye Simon: aye
Staff memo
Executive Summary
EXHIBITS
A. June 27, 2024 Staff Report to Planning Commission and Attachments:
1. Vicinity Map
2. Updated Conditions of Approval
3. Original Conditions of Approval
4. Vesting Subdivision Map
5. Original Approved Tentative Subdivision Map
6. Agency Comments
B. Conditions of Approval for Board consideration
The applicant, Valley Oaks Land and Development Inc., is requesting a map extension to the approved Valley Oaks Tentative Subdivision Map (SD 06-01), that was approved by the County of Lake in 2018. The Subdivision Map Extension for consideration does not propose modification of any of the previously approved entitlements, nor does it propose development. All original Conditions of Approval would remain.
Per the County's Subdivision Ordinance (Section 17-10.2), the Planning Commission shall make a recommendation to the Board of Supervisors for map extensions. On June 27, 2024 the Planning Commission recommended approval of the subdivision map extension (SDX 24-01). Staff recommends that the Board approve a third and final extension of Subdivision Map (SD 06-01) for a period of two-years.
I. BACKGROUND
The Valley Oaks Project, which includes Tentative Subdivision Map SD 06-01; General Plan Amendment (GPAP 05-03); General Plan of Development (GPD 05-01); Rezone (RZ 05-02) from Agricultural District (A) to Planned Development Residential (PDR); Planned Development Commercial (PDC) Districts; and Use Permit for Specific Plan of Development (UP 19-09) for the division of approximately 150 acres to create 380 residential lots and one large commercial lot (47 acres) was approved by the Board of Supervisors in 2018. A Final Environmental Impact Report (SCH No. 2007032030) for the project was also certified.
The Valley Oaks Project has an extensive history of subsequent entitlements and actions taken by the Planning Commission and Board of Supervisors, spanning from 2005 through 2020. This includes a two-year extension of the Tentative Subdivision Map (SD 06-01) in 2020 and also 2022. Please refer to the June 27, 2024 Planning Commission Staff Report in Exhibit 1 for more information.
II. SUMMARY OF ANALYSIS
As discussed throughout the Planning Commission Staff Report, the California Subdivision Map Act allows the granting of extensions for a period or periods not exceeding a total of six years. The Subdivision Map Act requires the developer of any "subdivision" to submit a tentative map, comply with appropriate local ordinances, and if an applicant's tentative map is approved, file a final subdivision map. Each filing extends the life of the underlying tentative map for three years, thus a staged map, with at least four stages, can be extended for up to 10 years
The applicant has been approved for two previous extensions; therefore, this project has previously been permitted for the duration allowable by the Lake County Subdivision Ordinance. The proposed third request for extension may be granted in accordance with California Government Code Sec. 66452.6 (e), as described below, to enable a third and final extension of the originally approved (SD 06-01) for a duration not exceeding a period of six years.
Per the County's Subdivision Ordinance (Section 17-10.2), the Planning Commission shall make a recommendation to the Board of Supervisors for map extensions. On June 27, 2024 the Planning Commission recommended approval of the subdivision map extension (SDX 24-01). As described throughout the Planning Commission Staff Report, the proposed extension is consistent with the Lake County General Plan, Middletown Area Plan, Zoning and Subdivision Ordinances, as the Government Code. Lastly, the Planning Commission Staff Report is included in Attachment 2 and can also be found online at: https://countyoflake.legistar.com/View.ashx?M=A&ID=1148465&GUID=A80A236A-BFE9-431B-8809-9C5CA6767CCE.
Recommended Action
Staff recommends that the Board of Supervisors approve a third and final extension of Subdivision Map (SD 06-01) for a period of two-years with the following findings:
1. This project is consistent with the Lake County General Plan, Middletown Area Plan. Zoning Ordinance, Subdivision Ordinance, and the California Government Code.
2. This time extension request is consistent with the Lake County Subdivision Ordinance and the State Subdivision Map Act.
3. The subdivision map is still compatible with neighboring land uses.
4. Because no development is proposed and there has been no substantial change in circumstances resulting in new significant environmental impacts since the EIR for the Valley Oaks Project (SCH No. 2007032030) was certified. Per CEQA Guidelines Section15162(a)(3), no additional analysis is required.
Sample Motion:
I move that the County of Lake Board of Supervisors approve a third and final extension of Subdivision (SD 06-01) for a period of two-years, to expire January 25, 2026, with the findings listed in the Staff Report dated August 13, 2024.
On motion of Supervisor Simon, and by vote of the Board, approved a third and final extension of Subdivision (SD 06-01) for a period of two-years, to expire January 25, 2026, with the findings listed in the Staff Report dated August 13, 2024. The motion carried by the following vote:
Ayes- Supervisors: 5 - Simon, Crandell, Green, Pyska, and Sabatier
Clerk’s notes: Community Development Director Mireya Turner introduced the item to the Board. Assistant Planner Max Stockton presented the item to the Board.
Chair Sabatier asked if anyone present wished to speak and the following person present in the Board of Supervisors Chambers spoke: Rick Tucker.
7. Non-Timed Items
7.1Supervisors’ weekly calendar, travel and reports
7.2Consideration of Agreement between County of Lake and Environmental Alternatives, INC. dba EA Family Services for Specialty Mental Health Services in the amount of $250,000.00 for Fiscal Year 2024-2025.
Agreement
Staff memo
Executive Summary
Environmental Alternatives operates many facilities for youth, including Short Term Residential Treatment Programs (STRTP). California Assembly Bill 1051 now requires the Mental Health Plan (MHP) of Original Jurisdiction to maintain responsibility for the cost of Specialty Mental Health Services (SMHS) provided out of County, in most circumstances. As such, we expect a significant increase in contracts with out-of-County STRTP SMHS fee-for-service.
We are working closely with the Probation Department, Child Welfare Department, and the Lake Count Office of education to ensure we are notified timely of STRTP placements. These three agencies are the placing agencies in our community.
These costs are billed fee-for-service and are fully Medi-Cal reimbursable. We have conducted a Risk Assessment and Request for Qualifications with the providers to ensure they are in good standing.
Recommended Action
Approve Agreement between County of Lake and Environmental Alternatives, INC. dba EA Family Services for Specialty Mental Health Services in the amount of $250,000.00 for Fiscal Year 2024-2025 and Authorize the Board Chair to Sign.
| Estimated Cost | $250,000 |
|---|---|
| Amount Budgeted | $250,000 |
Clerk’s notes: This item was pulled and continued to a future date.
7.3Consideration of Update on Status of Activity for Proposition 64 Grants, Cohorts 1 and 3, for Illegal Cannabis Abatement; and Internal Policy Development in Progress
Presentation
Staff memo
Executive Summary
Community Development Department Staff will present an update to the Board on completed and ongoing tasks for the Proposition 64 Grants, Cohorts 1 and 3, for illegal cannabis abatement; and an update on progress on development of internal department policies regarding use of drones, and body cameras.
Recommended Action
No action required. This item is informational only.
There was Board Consensus to return with a report.
Clerk’s notes: Community Development Director Mireya Turner introduced the item to the Board. Deputy Community Development Director Shannon Walker-Smith presented the item to the Board. Code Enforcement Manager Marcus Beltramo spoke.
Chair Sabatier asked if anyone present wished to speak and the following person spoke via Zoom: Angela Ameral. No one else wished to speak and the public input portion of this item was closed.
8. Closed Session
8.1Public Employee Appointment Pursuant to Gov. Code Section 54957(b) (1):
Interviews for Animal Control Director
Appointment of Animal Control Director
Closed Session Item