Planning Commission — Thursday, October 10, 2024

The Community Development Department is recommending revocation of Major Use Permit (UP 20-50), including cultivation of up to 124,270 sf of outdoor canopy (3 A-Type 3 Medium state licenses) and one Type 13 Distributor Transport Only - Self-distribution license at 26102 19N6 Road, Lake Pillsbury (APN 001-030-36) due to violations of the Conditions of approval. However, Staff requests that the item be continued to a later date and time to allow further analysis. As such, an analysis of the proposed project is not included in this Staff Report and will be provided when the item is rescheduled.

On April 23, 2024, the applicants Michael and Tamara Lucchetti submitted an application for a two (2) parcel land division. The existing 2.84-acre parcel is currently recognized as one legal parcel with two separate APNs (015-003-02; and 05) due to the parcel being bifurcated by Park Way. The proposed Parcel Map would formally separate the parcel into two legal parcels. Resulting Parcel 1 would be 2.19 acres and resulting Parcel 2 would be 0.98 acres. Both parcels are zoned Service Commercial, Scenic Combining District "C3-SC". Currently, the parcel is developed a pre-existing groundwater well and septic system on each proposed parcel. The proposed Parcel 1 has an existing mini storage building and mobile home sales with multiple models and an office with a driveway that surrounds the office and is accessed via Hill Road. The proposed Parcel 2 has an existing home and a driveway that is accessible via Hill Road. The proposed Parcel Map does not include any development or changes in land use. RECOMMENDATIONS Staff recommends that the Planning Commission take the following actions: A. Adopt a Categorical Exemption for Parcel Map, PM 24-01 with the following findings: 1. The project sites are already developed and contain no sensitive biological resources. 2. There is no new development proposed or contemplated by the subdivider. 3. The project will not result in a substantial environmental impact based on the lack of additional development proposed. B. Approve Parcel Map PM 24-01 with the following findings: 1. This land division is consistent with the Lake County General Plan, Lake County Zoning Ordinance, Chapter 17 (Subdivisions) of the Lake County Code, and the Lakeport Area Plan. 2. This land division is consistent with the State of California Subdivision Map Act. 3. The parcel map is compatible and consistent with neighboring land uses. 4. The project will not result in any environmental impacts since no development is proposed with this land division.

TO: Planning Commission FROM: Mireya G. Turner, Community Development Department Michelle Irace, Principal Planner Prepared by Trish Turner, Assistant Planner II SUBJECT: Consideration of proposed Major Use Permit UP 22-15, Joel Michaely Grow, and Mitigated Negative Declaration (IS 22-14) for approval of a two-stage commercial cannabis project on a property located at 10800 and 10850 Clayton Creek Drive, 17425, 17445 and 17475 Morgan Valley Road, 11450, 11474, 11480, 11486, and 11490 Spruce Grove Road, Lower Lake (APNs: 012-045-39, -40, -41, -42, -43; and 012-059-10, -11, -12, -13, -14)

The applicant, Joel Michaely Farms, is applying for a major use permit for commercial cannabis cultivation. The applicant proposes two stages of development. Stage 1 consists of twenty-five (25) A-Type 3 "medium outdoor" licenses covering a total canopy area of up to 1,089,000 square feet (25 acres). For Stage II, the proposal consists of converting the 25 acres of outdoor cultivation to twenty-five (25) A-Type 3B "mixed light" licenses, with a total greenhouse canopy area of 550,000 square feet (12.6 acres) within a cultivation area of 861,128 square feet. Additionally, the applicant has requested a Type 6 Non-Volatile processing license and Type 13 Cannabis Distributor Transport Only, Self-distribution License for legal transportation of licensed cannabis to and from the site. The project site is situated on four of the ten parcels: (APNs 012-045-41, 012-045-42, 012-059-10, and 012-045-11). The property features Copsey Creek, a perennial Class I watercourse along its western boundary, as well as two (2) unnamed intermittent Class II watercourses to the north and south, and several unnamed ephemeral Class III watercourses spread throughout the parcels. The cultivation area maintains a setback of 100 feet from all watercourses, with the exception of the southern watercourse which is setback approximately 400 feet from the cultivation area, exceeding the setback requirements. Historical uses of the site include ranching and residential uses. While a previous Major Use Permit (UP 19-22) with an approved Early Activation (EA 19-55) was initially submitted for this project location by a different applicant, it has since been withdrawn and closed.

RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 22-14) for Major Use Permit (UP 22-15) with the following findings: 1. Potential environmental impacts to (Aesthetics) can be mitigated to less than significant levels by mitigation measures AES-1 through AES-3. 2. Potential environmental impacts related to (Air Quality) can be mitigated to less than significant levels by mitigation measures AQ-1 through AQ-8. 3. Potential environmental impacts related to (Biological Resources) can be mitigated to less than significant levels by mitigation measure BIO-1 and BIO-2. 4. Potential environmental impacts related to (Cultural Resources) can be mitigated to less than significant levels by mitigation measures CUL-1 through CUL-4. 5. Potential environmental impacts related to (Geological Resources) can be mitigated to less than significant levels by mitigation measures GEO-1 through GEO-3. 6. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 and NOI-2. 7. Potential environmental impacts related to (Tribal Cultural Resources) can be mitigated to less than significant levels with the inclusion of mitigation measures TCR-1 through TCR-6. 8. Potential environmental impacts associated with (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 22-15) 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).

The applicant, 17870 Little High Valley, LLC/Mark MCDonald is requesting discretionary approval from the County of Lake for a Major Use Permit (UP 21-07) Little High Valley for a proposed outdoor commercial cannabis cultivation operation located at 17870 Little High Valley Road, Lower Lake (APN: 012-061-03). The subject parcel is zoned "RL" Rural Lands, is approximately 78.38 acres in size and is accessed via private driveway connecting directly to Little High Valley Road. The Project Parcel is located in a rural area of southwestern Lake County approximately 2.5 miles southeast of the community of Lower Lake and is accessed via a private gravel and native soil surfaced access road from Little High Valley Road. The topography of the parcel is moderately to steeply sloped and is located on a volcanic ridge with elevations ranging between 1,840 and 2,210 feet above sea level. Due to the location of the parcel near the top of a porous volcanic ridge, there are no jurisdictional watercourses onsite. The operation would include two (2) A - Type 3 "Medium Outdoor" commercial cannabis cultivation license consisting of 87,120 sf of canopy area one within 90,620 sf cultivation area, and one (1) Type 13 "Self-Distribution: Transport Only" license, and a 3,500-sf building (50'x70'x14') for processing, drying, and storage of cannabis. Historical uses of the site include agricultural operations and cattle grazing. The property was burned in the 2015 Clayton Fire which caused the loss of many of the trees and chapparal on site. The site currently contains burned chapparal and oak trees.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study and Mitigated Negative Declaration (IS 21-07) for Major Use Permit (UP 21-07) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels by mitigation measure AES-1. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels by mitigation measures AQ-1 through AQ-6. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels by mitigation measures BIO-1 through BIO-5. 4. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels by mitigation measures CUL-1 and CUL-2. 5. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels by mitigation measures HAZ-1 through HAZ-8. 6. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels by mitigation measures HYD-1 and HYD-2. 7. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 and NOI-2. 8. 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, and TCR-2 9. Potential wildfire impacts can be reduced to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-5. 10. This project is consistent with land uses in the vicinity. 11. 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 21-07) 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).