Planning Commission — Thursday, June 22, 2023

On June 27, 2006, the Board of Supervisors approved a tentative subdivision map (SD 05-13) for the division of approximately 7.11 acres to create 16 residential lots. Also approved was a rezoning of the property from Unclassified to "R1" Single-Family Residential (RZ 05-14), a Deviation (DV 06-03) from on-site sidewalk improvements and an Initial Study (IS 05-70). The lots were originally approved to be connected to a public water system, Soda Bay CSA #20, and individual septic systems on each lot. In 2011, the State imposed a moratorium for any new connections into this water system based on available water quantity and quality; this moratorium remains in effect today. On June 28, 2018, the Planning Commission approved modification (MMM 17-01), Parcel Map (PM 18-01) and Initial Study (IS 18-01), which reduced the total number of lots from 16 to 4, and allowed connection to a private on-site well due to the water moratorium. The parcel map was due to expire on June 28, 2020. On May 28, 2020, the applicant (John Van Eck) submitted this extension request, which effectively delayed the expiration of the Parcel Map pending the outcome of this extension request. Due to past Staff turnover and limited Staff resources, this project experienced unusual delays in processing. On November 12, 2020, the Planning Commission heard this Parcel map Extension (PMX18-01) with recommendation to be heard by the Board of Supervisors for approval of the map time extension, yet the project was never scheduled on a board agenda. The project has returned to the Planning Commission, the deciding body according to the Lake County Zoning Ordinance, for consideration of an extension for six years. Staff recommends approval of the extension for six years.

Staff recommends that a six (6) year total time extension be granted for the parcel map, due to the extenuating circumstances of the error in staff recommendation and lack of board agenda scheduling, to give the applicant opportunity to complete the conditions necessary to record the final map. The Lake County Subdivision Ordinance allows the granting of extensions for a period or periods not exceeding a total of three years, yet state law allows for an extension of up to six years. The new expiration date of the parcel map would be November 12, 2026.

On March 21, 2023, the Appellant applied for a building permit to put a residence on a vacant parcel purchased at a tax sale from the County of Lake. The property is zoned "PDC-P-DR", Planned Development Commercial- Parking - Design Review overlay. The appellant was informed that this property's primary use is commercial, and the County could not approve the residence without a commercial use established. The appellant then filed an appeal based on the fact that there was a house on this parcel in the past.

Staff recommends the Planning Commission take the following actions: A. To deny the appeal and uphold the Community Development Departments decision based on the following findings. 1. Primary residential use is not in conformance with the Community Commercial Land Use Designation in the Lake County General Plan. 2. Primary residential use is not in conformance with the Shoreline Communities Area Plan. 3. Primary residential use is not in conformance with the Lake County Zoning Ordinance 4. The legal non-conforming use entitlement expired two years after the residence was demolished in 2003.

Bar X Farms, LLC requests discretionary approval of a Major Use Permit for a proposed commercial cannabis cultivation operation accessed at 20333 State Highway 29 located between the Middletown and Hidden Valley Lake areas. All commercial cannabis activities will take place on APNs: 014-250-05 and 014-250-10. Both parcels are served by a private driveway identified as the "Center Driveway" which connects to State Highway 29. The proposed project cultivation area has the capacity for fifty-nine (59) A-Type 3 Medium Outdoor Cultivation Licenses consisting of a total of 2,570,000 sf of canopy area. The proposed project includes the conversion of an existing 16,250 sq. ft. pole barn to allow for indoor drying and processing of cannabis in the first stage of the project, and the construction of a 60,000 sf processing structure in the second stage of the project. In addition to the cultivation licenses, the applicant is also pursuing one (1) A-Type 13 Self-Distribution License and one Cultivation Processor License. The canopy and cultivation areas will take place in eight (8) "gardens" as shown in the Vanderwall Site Plans revised in December 2022 (Attachment 1). The original project proposal requested seventy-nine (79) acres of outdoor cultivation and 130,000 sf of mixed-light cultivation within greenhouses, however in response to comments from a first circulation of the Initial Study in 2021 and a second circulation of a revised Initial Study in 2022 modifications were made and the project was scaled back in terms of size and scope in order to avoid and mitigate environmental impacts. A third circulation of a modified project proposal and revised Initial Study took place from March 3 to April 1, 2023.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study an Mitigated Negative Declaration (IS 20-111) for Major Use Permit (UP 20-92) 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-2. 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 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 geological resources can be mitigated to less than significant levels by mitigation measures GEO-1 through GEO-6. 6. Potential environmental impacts related to hazards and hazardous materials can be mitigated to less than significant levels by 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 by mitigation measures HYD-1 and HYD-5. 8. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 and NOI-2. 9. Potential environmental impacts related to Transportation can be mitigated to less than significant levels by mitigation measures TRA-1 and TRA-5. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Middletown Area Plan and Lake County Zoning Ordinance. B. Approve Major Use Permit (UP 20-92) 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 Middletown 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 50-3 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 has applied for one (1) A-Type 3 medium outdoor commercial cannabis cultivation license. The project includes an existing �43,560 sf canopy area approved through Early Activation; four 160 sf metal shipping containers for storage, two 120 sf sheds for an office and storage, four 2,500-gallon water tanks, small parking lot. Cannabis plants are to be planted in above ground planter bags or raised planter beds. The applicant has stated that no grading would occur since the cultivation area is already established through Early Activation in 2020 (although some grading is likely to be needed to improve the interior driveway), and that no trees would be removed by this project.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 20-64) for Major Use Permit (UP 20-62) 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-6. 3. Potential environmental impacts 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 and Tribal Resources can be mitigated to less than significant levels by mitigation measures CUL-1 through CUL-3. 5. Potential environmental impacts regarding Hazards and Hazardous Waste can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8. 6. Potential environmental impacts to Hydrology can be mitigated to less than significant levels by the inclusion of 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 wildfire impacts can be reduced to less than significant levels with the inclusion of mitigation measures WLD-1 through WLD-4. 9. This project is consistent with land uses in the vicinity. 10. 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 20-62) 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 50-3 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, Pasta Farms II, has applied for nine (9) A-Type 3 medium outdoor cannabis cultivation licenses to add nine (9) acres of outdoor cultivation onto the existing cultivation lots. The applicant was approved for eleven (11) acres of outdoor cultivation through major use permit UP 20-11, 'Pasta Farms', on March 24, 2021; this approval also allowed a 22,000 square foot (sf) processing building and an A-Type 13 'Self-Distribution' license. The total canopy area would be 20 acres if this permit is approved, however four acres of outdoor canopy will convert to just over two acres of greenhouse canopy within four years; as was approved through the original use permit, UP 20-11. The applicant also seeks to add 13,500 sf onto the 22,000-sf processing building.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 22-38) for Major Use Permit (UP 22-31) with the following findings: 1. Potential environmental impacts related to air quality can be mitigated to less than significant levels by mitigation measures AQ-1 through AQ-3. 2. Potential environmental impacts related to biological resources can be mitigated to less than significant levels by mitigation measure BIO-1. 3. Potential environmental impacts related to cultural and tribal resources can be mitigated to less than significant levels by mitigation measures CUL-1 through CUL-5. 4. Potential environmental impacts regarding geology and soils can be mitigated to 'less than significant' levels by mitigation measures GEO-1 through GEO-3. 5. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 through NOI-3. 6. Potential environmental impacts related to transportation and wildfire can be mitigated to less than significant levels by mitigation measure WILD-1 through WILD-3. 7. This project is consistent with land uses in the vicinity. 8. This project is consistent with the Lake County General Plan, Cobb Mountain Area Plan and Lake County Zoning Ordinance. B. Approve Major Use Permit (UP 22-31) 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 services 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 Cobb Mountain 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 50-3 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 proposes two canopy areas, 32,664 sf combined and enclosed in a 37,392-sf cultivation area. The 55.87-acre property is zoned "RL-B5", Rural Lands - Special Lot Density; these zoning designations allow commercial cannabis cultivation with a major use permit approval. The cultivation lot (APN: 007-038-07) is generally flat and would contain the cannabis activity, including an existing 36' x 48' barn, an existing 3,000 sf building to be used for immature plants, an existing 100 sf bathroom, four existing 2,500-gallon water tanks, and would be enclosed in a 6' tall screening fence.

Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 21-47) for Major Use Permit (UP 21-44) with the following findings: 1. Potential environmental impacts to Forest Resources can be mitigated to 'less than significant' levels with the inclusion of mitigation measure AG-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 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 regarding hazards and hazardous chemicals can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8. 6. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 through NOI-3. 7. Potential environmental impacts can be reduced to less than significant levels with the inclusion of mitigation measures WLD-1 through WLD-4. B. Approve Major Use Permit (UP 21-44) 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. The site is adequate in size, shape, location, 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. The project is in conformance with the Lake County General Plan, the Kelseyville Area Plan and the Lake County Zoning Ordinance. 6. No violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property. 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, Brush Ridge P1, LLC, proposes an amendment to an approved Major Use Permit (UP 18-48). The amendment application consists of Major Use Permit (UP 21-32) for a proposed commercial cannabis cultivation operation located at 21242, 21516, 21576, 21586 Morgan Valley Road, Lower Lake (APNs: 012-069-08, 09 and 012-069-04, 05). The project parcel was granted a major use permit (UP 18-48) on August 13, 2020, for Commercial Cannabis Cultivation consisting of 41,550 sq. ft. canopy area within 41,940 sq. ft. cultivation area. The amendment, as proposed, would increase the cultivation to 204,336 sq. ft. of outdoor cannabis canopy area utilizing low hoops within 392,040 sq. ft. of cultivation area and one (1) Type 13 "Self-Distribution: Transport Only" license. The project area is zoned "APZ" Agriculture Preserve. Cultivation sites are proposed to be collocated on one parcel. The total acreage of the four parcels is approximately 183.7 acres.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 21-33) for Major Use Permit (UP 21-32) with the following findings: 1. 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. 2. 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. 3. 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-2. 4. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4. 5. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-2. 6. 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-2. 7. Potential environmental impacts related to Noise 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 Utilities can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 9. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-1. B. Approve Major Use Permit (UP 21-32) 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 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 27.11, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27.11, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27.11, Section 1.ii.(i).