Planning Commission — Thursday, May 23, 2024

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.

Clear Lake Riviera Unit No. 4 was approved in 1965. The subdivision map requires 80-foot setbacks along the front setback. The applicant, Lakeview Village Properties, is requesting to reduce the front setback from 80 feet to 20 feet in the South-Easterly corner of this Community Commercial "C2" front setback of 9710 Broadmoor Way, Kelseyville (APN 043-551-49) that was originally mapped as lots 15 and 16. No development is proposed at this time. A similar Minor Map Modification (MMM 08-01) Clear Lake Riviera Unit No. 4 Subdivision was approved by the Planning Commission on May 12, 2008, to reduce the setbacks for eight (8) neighboring parcels from 80 feet to 20 feet. Staff reviewed the MMU 08-01 and available original subdivision approval document but was unable to confirm why the 80-foot setback was established. As such, staff has evaluated the existing conditions of the site, current zoning codes, as well as the approved Minor Map Modification (MMM 08-01) to support this application. If the modification is approved by the Planning Commission, the County Surveyor will record the new buildable areas using a Certificate of Correction, pursuant to Section 66469 of the Subdivision Map Act.

A. Find that this project will not have a significant effect on the environment and according to �15061(b)(3), is exempt from CEQA review. B. Approve a Modification (MMM 24-02) to the Clear Lake Riviera Unit No. 4 subdivision map by reducing the building setbacks from 80 feet to 20 feet, with the following findings: 1. The map modification is consistent with the Lake County General Plan, Riviera Area Plan and Lake County Zoning Ordinance. 1. The map modification is in compliance with the Subdivision Map Act, Section 66742.1.

The Applicant, Highland Farms, LP (Autumn Karcey), is proposing commercial cannabis cultivation at 7508, 7522, 7634, & 7746 Highland Springs Road and 7257 & 7357 Amber Ridge Road in Lakeport, CA. The project consists of the cultivation of commercial cannabis and construction of associated ancillary facilities on three parcels (APNs 007-006-34, 007-006-35, and 007-006-40). 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 four additional contiguous parcels (APNs: 007-006-27, 007-006-41, 007-057-01, 007-057-02) in order to allow collocation/clustering of permits. Total acreage combined is 508.19 acres. The Project site contains a total of one Class II and eight Class III streams occur within the Project Site. Nine stream crossing would be utilized during the operation of the Proposed project. 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 Waterboards confirming setbacks. (Attachment 13). A Lake Streambed Alteration Agreement has been applied for by the applicant. Seasonal wetlands occur adjacent to, but not within the Project site. Four biological surveys and reports were completed for the proposed project (Attachment 11). Two stages of development would occur on the cultivation parcels.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-116) for Major Use Permit (UP 20-96) 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. 1. 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. 2. 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-3. 3. Potential environmental impacts related to Cultural Resources (CUL) can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL- 2. 4. Potential environmental impacts related to Energy (EN) can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1. 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 through GEO-4. 6. Potential environmental impacts related to Hazards and Hazardous Materials (HAZ) can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ- 1 through HAZ-5 7. Potential environmental impacts related to Hydrology and Water Quality (HYD) can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-4. 8. 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 9. Potential environmental impacts related to Tribal Cultural Resources (TCR) can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2, TCR-1, TCR-2, and TCR-3. 10. 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-3. B. Approve Major Use Permit (UP 20-96) 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).

Green Handle Farms, LLC requests discretionary approval from the County of Lake for a Major Use Permit (UP 21-28) for a proposed mixed-light commercial cannabis operation at 3050 Big Valley Road, Kelseyville (APNs: 008-037-01 and 008-035-14). All commercial cannabis activities will take place on APN 008-037-01. APN 008-035-14 is used for clustering purposes. The application, as proposed, would include cultivation of one (1) A Type 3B license and three (3) A- Type 1C licenses for 29,500 sf of mixed-light (greenhouse) canopy and a Type 13 Distributor Transport Only, Self-distribution License. The zoning is APZ- Agricultural Preserve District. Previous agricultural uses include pear orchards, vineyards, and hay operations. The total acreage of the two parcels combined is 38.85 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 21-29) for Major Use Permit (UP 21-28) with the following findings: 1. Potential impacts to Aesthetics can be mitigated to 'less than significant' levels with the inclusion of mitigation measure AES-1 and AES-2. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels by mitigation measures AQ-1 through AQ-7. 3. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels by mitigation measures CUL-1 and CUL-2. 4. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 and NOI-2. 5. Potential environmental impacts related to Tribal Cultural Resources can be mitigated to less than significant levels by mitigation measures CUL-1, CUL-2, TCR-1 through TCR-3 6. This project is consistent with agricultural land uses in the vicinity. 7. This project is consistent with the Lake County General Plan, Kelseyville Area Plan and Lake County Zoning Ordinance. B. Approve Major Use Permit (UP 21-28) 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 Kelseyville 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).

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. The site is accessed via deeded access driveway that connects with Benmore Valley Road, a private native soil shared-access road. 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.