Planning Commission — Thursday, April 25, 2024

The applicant, Meili Liu/ Liu Farms, is requesting discretionary approval from the County of Lake for Major Use Permit, (UP 20-33), for commercial cannabis cultivation at 8531 High Valley Road, Clearlake Oaks (Lake County APN: 006-003-34). The application, as proposed, 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. As a result of these concerns, the public hearing was continued to March 28, 2024, and subsequently continued again to April 25, 2024, to allow additional time to address the Commissioner's concerns. As summarized below, Staff has worked to address the Commissioners' concerns that were raised on March 14, 2024. * Tribal Cultural Resources o Staff contacted the local Tribe(s) and a Tribal Consultation with took place with Elem Colony on March 19, 2024. o The Tribal Historic Preservation Officer conducted a site visit with the applicant on April 1, 2024, and noted they had no concerns with the project moving forward, with the implementation of Tribal Cultural Resources Mitigation Measures (TCR-1 and TCR-2). o Tribal Consultation formally concluded on April 10, 2024. * Property Management Plan and Site Plans o Updated site plans (reducing the size of the solar array) are required to be submitted prior to the permit being issued (see Condition of Approval No. 2). o On March 29, 2024, the applicant provided an updated Property Management Plan that reflects the applicant removing the nursery, manufacturing facility from the scope and reducing the size of the solar array (see Attachment 3). * Biological Resources and Hydrology o Three (3) reports were prepared for the project: a Biological Resources Assessment (BA) (Natural Investigations Company, 2020); a Plant Survey (Huffman-Broadway Group, 2021); and a Wetland Site Assessment (Huffman-Broadway Group, 2021). Staff conducted site visits on April 1 and April 2, 2024, and noted that environmental site conditions have not changed since the reports were prepared. o Specific to wetlands and water resources, the Wetland Site Assessment identified approximately 0.11 acres of palustrine emergent wetlands in two areas within the parcel, and approximately 0.10 acres of riverine/intermittent creeks (south of the proposed cultivation area). The cultivation development would be set back greater than 100 feet from any identified aquatic resource, including intermittent creeks and wetlands. Additionally, the project proponent must file a Notice of Intent and enroll in Cannabis Cultivation Order WQ 2019-0007-DWQ. Compliance with this Order will ensure that cultivation operations will not significantly impact water resources by using a combination of Best Management Practices (BMPs), buffer zones, sediment and erosion controls, site management plans, inspections and reporting, and regulatory oversight.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-39) for Major Use Permit (UP 20-33) 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-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-3. 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 and GEO-1 through GEO-7. 6. Potential environmental impacts related to Hydrology and Water Quality 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-3. 8. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 and 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 TCR-1 and TCR-2. 10. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WLD-1 through WLD-4. B. Approve Major Use Permit UP 20-33 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, Shoreline Communities 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).

Applicant Diane DeMichele (Owner of The Boathouse Bar and Grill) requests the vacation of Collier Avenue (adjacent to 2685 Lakeshore Blvd., Nice) as a public road. Collier Avenue is a street dedicated to public use, established as a part of the Clearlake Villas Subdivision in 1922, for the benefit of the public. The portion proposed for vacation is currently unimproved, 40 feet wide and approximately 220 feet in length, beginning at the intersection with Lakeview Blvd and proceeding in a southerly direction to its terminus near Clear Lake. This portion of the road is currently open to the public and provides access to Clear Lake. It has also been used for parking by patrons of the Boathouse Bar and Grill, as well as other members of the public. The reason for the proposed vacation is the Boathouse Bar and Grill wishes to expand their docks for seasonal customer use and to expand their parking lot. If approved, the applicant intends to convert the portion of Collier Avenue in question into a private parking lot, striped to fit more customers, and expand her restaurant, meanwhile storing dock floats on the open shore currently being used as a public access point. The Lake County Public Works Department (DPW) is processing the application to vacate the road, which requires approval by the Board of Supervisors; however, before DPW can recommend the vacation, California Streets and Highways Code, Section 8320, et seq. requires the Planning Commission to first determine whether the road vacation conforms to the Lake County General Plan through the approval of this General Plan of Conformity action, which was submitted to the Community Development Department on October 18, 2023. If vacated, each property owner abutting the road would own to the centerline of the right-of-way.

Staff recommends that the Planning Commission, after reviewing the agenda report and receiving evidence at the public meeting, finds that the location, purpose, and extent of the proposed vacation of Collier Avenue, adjacent to 2685 Lakeshore Blvd., Nice CA 95464, is in conformance with the County of Lake General Plan pursuant to California Government Code Section 65402.

The applicant is requesting a major use permit for one (1) A-Type 3 "Medium Outdoor" licenses, two (2) A-Type 3B "mixed-light" licenses, and one (1) A-Type 13 Self-Distribution license. The property is located 3681 Benmore Valley Road, Lakeport (APN 007-002-27) within three cultivation areas. One intermittent channel (Class II watercourse) and three ephemeral channels (Class III watercourses) are located on the property. Historical land uses include animal grazing and legacy cannabis operations. Total acreage is approximately 63.03 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-74) for Major Use Permit (UP 20-60) with the following findings: 1. Potential environmental impacts related to Aesthetics (AES) can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1. 2. Potential environmental impacts related to Air Quality (AQ) 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 (BIO) 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 (CUL) 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 (GEO) can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1. 6. Potential environmental impacts related to Noise (NOI) can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2. 7. Potential environmental impacts related to Tribal Cultural Resources (TCR) can be mitigated to less than significant levels with the inclusion of mitigation measures TCR-1 through TCR-2. 8. Potential environmental impacts related to Wildfire (WDF) 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 20-60 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, Lakeport 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, Blackwell Property Management LLC, is requesting discretionary approval from the County of Lake, for Major Use Permit (UP 22-14), for commercial cannabis cultivation at 22004 Morgan Valley Road, Lower Lake (Lake County APN: 012-069-25). The application, as proposed, would include 43,560 sq. ft. (1 acre) of outdoor cannabis cultivation with one (1) A-type 3 license, 7,500 sq. ft. of outdoor cannabis cultivation with three (3) A-Type 1C licenses, and a Type-13 self-distribution license. No grading or tree removal is proposed for the development of the project. The area proposed for cultivation development is a field that is relatively flat. The property previously had a single-family home, and the land was used for cattle grazing, but the structure was destroyed in the 2015 Rocky Fire.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 22-13) for Major Use Permit (UP 22-14) with the following findings: 1. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the incorporated of Mitigation Measures AQ-1 through AQ-6. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the incorporated of Mitigation Measures BIO-1 through BIO-6. 3. Potential environmental impacts related to Cultural can be mitigated to less than significant levels with the incorporated of Mitigation Measures CUL-1 through CUL-3. 4. Potential environmental impacts related to noise can be mitigated to less than significant levels with the incorporated of Mitigation Measures NOI-1 and NOI-2. 5. Potential environmental impacts related to Tribal Cultural Resources can be mitigated to less than significant levels with the incorporated of Mitigation Measures TCR-1 and TCR-2. 6. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the incorporated of Mitigation Measures WLD-1 through WLD-4. 7. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Lower Lake Area Plan and Lake County Zoning Ordinance. B. Approve Major Use Permit (UP 22-14) with the following findings: 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. 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. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use with mitigation measure added. 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. 5. 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. 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. 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).