Planning Commission — Thursday, August 22, 2024

The applicant requests approval of a rezone to change the existing zoning designation from Open Space "O" - Scenic Combining "SC" District to Single Family Residential "R1" - Scenic Combining District "SC", and a general plan amendment to change the existing general plan designation from Public Facilities PF to Low Density Residential LDR. If approved, the property owner would be able to convert the exiting structure, which was a former fire station, to a single family residence. Per Lake County Municipal Code Article 47, the Planning Commission shall make a recommendation to the Board of Supervisors for approval of General Plan and Zoning Map amendments. After the close of the public hearing, the Planning Commission shall render its final decision of the proposed rezoning amendment. Within ten (10) days of said final decision, the Planning Commission shall transmit its decision in the form of a written recommendation to the Board of Supervisors. Such recommendation shall include the reasons for the recommendation, the relationship of the proposed rezoning amendment to the Lake County General Plan, and a copy of the proposed amendment. Per Section 64.1 of the Lake County Municipal Code, the Board of Supervisors delegates to the Planning Commission the preliminary responsibility for certification of environmental documents. As such, Staff recommends the Planning Commission approve and certify the Negative Declaration; and recommend approval of the General Plan and Rezone to the Board of Supervisors.

Staff recommends the Planning Commission: A. Adopt Negative Declaration (IS 23-15) with the finding that the project would not result in detrimental impacts to the environment, and all impacts would be less than significant without mitigation measures. B. Adopt the Resolution recommending approval of General Plan Amendment (GPAP 23-02) and Rezone (RZ 23-02) to the Board of Supervisors. Staff recommends the Planning Commission provide the following recommendations to the County of Lake Board of Supervisors: C. That the Board of Supervisors approve Rezone (RZ 23-02) with the following findings: 1. That the rezone is consistent with the area's zoning designations. 2. That this rezone does not constitute 'spot zoning' based on adjacent zoning and existing land uses in the vicinity. 3. That rezoning this property from "O-SC" Open Space - Scenic Combining to "R1-SC" Low Density Residential - Scenic Combining will not be detrimental to the area or the County. 4. This project, with exception of the existing and future non-conforming parcel size, would be consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Lake County Zoning Ordinance. 5. That the violation of County Code Chapters 5 and 21 can be corrected by the approval of the rezoning with "as-built" building permits being obtained following the Board of Supervisors' decision. D. That the Board of Supervisors approve General Plan Amendment (GPAP 23-02) with the following findings: 1. That the General Plan Amendment is consistent with the area's General Plan designations with the exception of the existing and future non-conforming parcel size. 2. That a General Plan Amendment for this property from Public Facilities to Low Density Residential will not be detrimental to the area or the County. 3. This project, with exception of the existing and future non-conforming parcel size, is consistent with the Lake County General Plan, Shoreline Communities Area Plan, and the Lake County Zoning Ordinance. 4. That the violations of Chapter 5 and 21 can be corrected by the approval of the General Plan Amendment with "as-built" building permits being obtained following the Board of Supervisors' decision on the rezone and general plan amendment.

During Annual Compliance Monitoring Site Visits in 2022 and 2023, Staff found cannabis cultivation taking place without the required state licenses, and cannabis manufacturing taking place without a County permit or state license. Additionally, the County has no record of the Permittee's Pesticide Applicator License and Operator Identification, as required by state law and County Code Section 27.13(at)(1)(ii)(a). The Community Development Department Director recommends the Planning Commission revoke Major Use Permit 20-03 Alvarez Family Farms, LLC, for high severity violations; and deem Freddie Alvarez, Idolina Alvarez, Ignacio Alvarez, and Ronnie Fa Responsible Persons. APPROVED PROJECT DESCRIPTION The Alvarez Family Farms (UP 20-03) was approved by the Planning Commission on April 22, 2021. The project description includes the cultivation of up to 131,180 sf of outdoor canopy (3 A- Type 3 Medium state licenses) within 156,816 sf of cultivation area, 500 sf or less of indoor cultivation within a permanent structure, and one Type 13 Distributor Transport Only - Self- distribution license, at 12990 Spruce Grove Road, Lower Lake (APN 012-067-40. The cultivation area was divided into four sites, totaling up to 3.6 acres.

Community Development Director recommends the Planning Commission take the following actions: (a) Revoke Major Use Permit (UP20-03) for cannabis cultivation, by Alvarez Family Farms, LLC, located at 12990 Spruce Grove Road, Lower Lake (APN 012-067-40), for high severity violations, as described in the Staff Report, dated August 22, 2024. (b) Deem Freddie Alvarez, listed with the CA Secretary of State as CEO, Secretary, CFO, and Director of Alvarez Family Farms, LLC, Ignacio and Idolina Alvarez, property owners, and Ronnie Fa, Farm Manager, as Responsible Persons for the high severity violations attributed to Alvarez Family Farms, LLC's Major Use Permit (UP20-03); located at 12990 Spruce Grove Road, Lower Lake (APN 012-067-40), as described in the Staff Report, dated August 22, 2024.