Planning Commission — Thursday, March 28, 2024

The applicant, Avetis Manjikian and MAVS Group are requesting discretionary approval from the County of Lake for a Major Use Permit (UP 22-23), for commercial cannabis cultivation at 17900 Cantwell Ranch Road, Lower Lake (APN: 049-290-01). The application, as proposed, would include cultivation of 40,500 sf outdoor cannabis canopy area with one (1) A-Type 3 outdoor cultivation and one (1) A-Type 13 Self-distribution License. The zoning is SPLIT" A-RL" Agriculture / Rural Lands. The parcel is �56.36 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 22-42) for Major Use Permit (UP 22-23) 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-4. 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-7. 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-3. 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 Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-8. 6. 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-7. 7. 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. 8. 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. 9. Potential environmental impacts related to Tribal Cultural resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-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-2. B. Approve Major Use Permit (UP 22-23) 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).

The applicant is requesting a major use permit for five (5) A-Type 3 "Medium Outdoor" licenses, one (1) A-Type 4 "Nursery" license, and one (1) A-Type 13 Self-Distribution license. The property is located at 15095, 15187,15263, 15365 & 15525 Elk Mountain Road, Upper Lake (APNs: 002-021-04, 002-021-15, 002-021-16, and 002-021-17 for cultivation) and (APN 002-021-23 clustering). 4.45 acres of commercial cannabis canopy is proposed within seven cultivation areas. West Fork Middle Creek, an intermittent Class II watercourse, flows through the Project property from northwest to southeast. Multiple ephemeral and intermittent watercourses flow through the Project property into West Fork Middle Creek. Historical land uses include agriculture (animal grazing), orchards, and legacy cannabis operations. Most of the Project property burned in the Mendocino Complex Fire of 2018. The project was issued Early Activation in 2020. Total combined acreage is approximately 351.78 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-26) for Major Use Permit (UP 20-23) 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-4. 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 BIO-1 through BIO-6. 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 (Geology and Soils) can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-3, GEO-1 through GEO-2. 6. Potential environmental impacts related to (Hazards and Hazardous Materials) can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8. 7. Potential environmental impacts related to (Hydrology) can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 8. 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. 9. Potential environmental impacts related to (Tribal Cultural Resources) can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-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 20-23 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, Upper Lake/Nice 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 20-33) that would include cultivation of 304,710 sq. ft. (7 Acres) of outdoor canopy with seven (7) A-Type 3 licenses, and one (1) A-Type 13 Self-Distribution License. The zoning is "RL-WW-SC" - Rural Lands, Waterway Combining District, and Scenic Combining District. The total acreage of the parcel is approximately 158.22 acres. On March 14, 2024, the Planning Commission reviewed the project and moved to continue the item to the March 28 agenda to give Staff and the applicant further time to update the Property Management Plan and Site Plans to reflect the current proposal. Additionally, the Commission recommended that Staff review and address tribal cultural resources, hydrology, and biological resources further. The March 14 agenda and hearing may be viewed online at: https://countyoflake.legistar.com/Calendar.aspx

Staff has been working with the applicant on the items noted above but is recommending that the item be continued to a later date and time in order to give the applicant additional time to address these items. Therefore, an analysis of the proposed project is not included in this Staff Report and will be provided when the item is rescheduled.