Planning Commission — Thursday, June 27, 2024

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, 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 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 Subdivision Map Extension for consideration does not propose modification of any of the previously approved entitlements, nor does it propose development.

Staff recommends that the Planning Commission recommend 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.

The applicant, Alexander Rashed of Flying O, LLC, is proposing cannabis cultivation operation consisting of one (1) A-Type 3 "Medium Outdoor" License for 43,472 square feet (sf) commercial cannabis canopy and an A-Type 13 Distributor, Self-Distribution, transport only license. The site is located approximately five miles northwest of Upper Lake. There is a Class II watercourse and associated riparian corridor traversing the parcel. Historical land uses include cattle grazing and Early Activation (EA 20-37) for cannabis cultivation. Infrastructure for cultivation was established during Early Activation. The applicant originally proposed mixed-light and outdoor cultivation; however the scope of the proposed project was reduced to outdoor cultivation only when the Department of Cannabis Control regulations for outdoor cannabis canopy were changed to address light-deprivation cultivation techniques not utilizing artificial lighting. The draft Initial Study/Mitigated Declaration (Attachment 4) has been updated accordingly. The total parcel acreage is 238.11 Acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-38) for Major Use Permit (UP 20-31) 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 through AES-3. 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. 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- 3. 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 Hydrology (HYD) can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1. 7. 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. 8. 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-5. 9. 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 20-31 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).