Planning Commission — Thursday, January 25, 2024

The Lakebed Management Division of the Lake County Water Resources Department (Department) is responsible for maintaining the public trust lands below the high-water mark (7.79 ft Rumsey) in Clear Lake, in accordance with Lake County Code, Chapter 23, Shoreline Ordinance (Chapter 23, Shoreline Ordinance), and State Statutes of 1973 Chapter 639. One role is the establishment of minimum standards for the construction, alteration, removal, and maintenance of structures or other prescribed activities in the lake. Per Lake County Code, Chapter 23 Sec. 23-4. - Permit Procedure, "No person shall undertake or carry out any of the following activities within the nearshore or foreshore without first obtaining an administrative encroachment permit from Lakebed Management. (A) Constructing or placing any pier, boat ramp, boat launching facility, navigational structure, buoy, jetty, breakwater, marina, harbor, shore zone protective structure, or any other improvement, a portion of which lies within the foreshore or nearshore. The terms "construction or placement" include any additions or alterations to existing structures. (B) Filling or dredging. (C) Constructing or placing in the lake any cable, pipeline or subaqueous conduit. (D) Any use, operation, or activity with a significant impact on the public trust purposes of commerce, navigation, recreation, and fisheries. (E) Beach clearing Water Resources staff were contacted in late 2021 and advised that work was being performed on a pier structure located 11360 North Drive (APN 036-091-05 Owner: Lakeshore Associates), and the complainant was concerned that the work was being performed without permits. Staff searched internal records and found no evidence of a permit for this location, and a site visit was scheduled. On 06/14/2022, Department staff made a site visit to the subject property to inspect the lakebed structure and observed recently poured concrete, which was placed without the benefit of a permit. Photographs were taken to document the construction, and staff processed a Notice of Violation for construction without a permit. Copies of the Notice of Violation and the photographs are included with this report as Attachments 1 and 2, respectively. Due to the relatively minor nature of the repair work, the Notice of Violation required the owner obtain an 'after-the-fact' Lakebed Encroachment Permit for the work performed on the structure. The property owner, Lakeshore Associates, applied for the permit, however during the public notice period of the processing of that permit staff received an appeal from the neighbor at 11380 North Shore Drive (APN 036-091-06 Owner: Richard and Lana Schieder). The appellant argued that a portion of the structure is encroaching on his property and is interfering with his ability to access his property from the lake. The appellant further indicated that the subject pier/dock structure has been involved in a neighbors' dispute since the late 1950s. In accordance with County Code, appeals of permits are to be heard and decided by the Planning Commission, or on appeal, by the Board of Supervisors.

Staff recommends the approval of Lakebed Encroachment Permit 2022-25

The applicant, Kathy Crist, requests discretionary approval from the County of Lake for a Major Use Permit, (UP 21-27), for commercial cannabis cultivation at 10788 Sky High Ridge Road, Lower Lake (APN: 122-340-02). The proposed project will include cultivation of 21,600 sf Mixed-light cannabis canopy area and one (1) A-Type 13 Self-distribution License. The zoning is "RL" Rural Lands and the parcel is approximately 27.16 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 21-27) for Major Use Permit (UP 21-27) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BOI-1 through BOI-4. 4. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2. 5. Potential environmental impacts related to Hazards and Hazardous Material can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8. 6. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 7. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2. 8. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-5. B. Approve Major Use Permit (UP 21-27) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, 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. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i).

Consideration of a one-year extension to Major Use Permit (UP 21-18) for the expansion of and improvements to a water production facility. A Mitigated Negative Declaration (file no. IS 21-19) was completed for the project in 2021. The two lots are developed with an aging water treatment plant in need of upgrades. The two existing 15,000-gallon redwood water tanks are leaking and need to be removed and replaced along with the concrete pads that support them. The catch basin under the filtration system is faulty and must be replaced along with the concrete pad beneath. The facility's water demand and amount of potable water storage needed has also increased, and the applicant is proposing two 45,000-gallon water tanks to replace the aging 15,000-gallon redwood tanks.

Staff recommends the Planning Commission take the following actions: A. Approve the one-year extension for Major Use Permit (UP 21-18) with the following findings: 1. That the proposed extension is not classified as a project under CEQA section 15060(c)(1) through (3), and no additional environmental review is necessary to approve this extension. 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. 3. 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. 4. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use with mitigation measure added. 5. 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. 6. That the project is in conformance with the applicable provisions and policies of this Code, the Lake County General Plan, the Lower Lake Area Plan and the Lake County Zoning Ordinance. 7. 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. 8. That the project meets all requirements found within Articles 8, 36, 41 and 51.4.

The applicant, Simon Whetzel, is requesting discretionary approval from the County of Lake for a Major Use Permit, (UP 22-07), for commercial cannabis cultivation at 500, 700, 770 CA State Highway 53 and 550, 660 Junction Plaza, Clearlake, CA (Lake County APNs 010-055-28 & 33). The application, as proposed, would include cultivation of 348,480 sq. ft. (8 Acres) of outdoor canopy area with eight (8) A-Type 3 licenses, 39,936 sq. ft. of mixed-light canopy area with four (4) A-Type 2B licenses, and One (1) A-Type 13 Self-distribution License. The proposed Project will occur on Assessor Parcel Numbers (APNs) 010-055-28 & 33 (Project Parcels) and APNs 010-055-29, 37 & 38 will be used for clustering. The zoning is RL-WW-SC - Rural Lands, Waterway, and Scenic Combining Districts. The total acreage of the parcel is approximately 431.58 acres combined. See Attachments 1-3.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 22-09) for Major Use Permit (UP 22-07) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-2. 2. Potential environmental impacts related to Agriculture and Forestry Resources can be mitigated to less than significant levels with the inclusion of mitigation measures AFR-1 through AFR-4. 3. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6. 4. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BOI-1 through BOI-5. 5. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2. 6. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4. 7. Potential environmental impacts related to Hazards and Hazardous Material can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8. 8. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 9. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2. 10. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-5. B. Approve Major Use Permit UP 22-07 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, 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. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Middletown Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i).

The Community Development Department has received an application for a proposed Major Use Permit (UP 22-24) for a private campground with 16 camp sites and a special event venue (known as Rancho Novoa) for weddings and gatherings at 5680 Blue Lake Road, Upper Lake. However, during final review of the project, errors and inconsistencies were found within the Staff Report and associated documents. As such, Staff requests that the item be continued to a later date and time to allow further analysis of the project.

Continue the item to a future meeting, time and date uncertain.