Planning Commission — Thursday, June 8, 2023

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: June 8, 2023 SUBJECT: Consideration of Valley Oaks Amended Vesting Tentative Subdivision Map (PM 21-31) (commercial land). Land Division to create one new commercial parcel; Applicant: Valley Oaks Land and Development, Inc.; Location: 18426 S. Highway 29, Middletown (APN: 014-260-51) ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Proposed Tentative Map Conditions 4. Revised Tentative Subdivision map 5. Final EIR (FEIR) Addendum for Grocery Outlet dated October 2019 6. Emergency Access Easement 7. Emergency Access Easement Map I. EXECUTIVE SUMMARY. The applicant is proposing to amend a previously-approved vesting tentative subdivision map to create one 2.56 acre parcel ("Lot 1") containing the Grocery Outlet store. Recommendation. Staff recommends the Planning Commission accept the adopted Addendum to the FEIR submitted for UP 19-09, 'Grocery Outlet' building, and approve Amended Vesting Tentative Subdivision Map (PM 21-31).

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Director Prepared by Eric Porter, Associate Planner DATE: June 8, 2023 SUBJECT: Consideration of Modification (MMU 22-01) to a Tentative Vesting Subdivision map (SD 06-01) to add Assessor's Parcel Number (APN) 014-260-24 to Valley Oaks Development as Secondary Access; Applicant: Valley Oaks Land and Development Inc., location: 18196 and 18426 S. Highway 29, and 18765 Hartmann Road, Middletown (APNs: 014-260-51, 36 and 24) ATTACHMENTS: 1. Tentative Vesting Subdivision Map (original and revised) 2. Subdivision Conditions of Approval 3. Minor Modification Draft Conditions of Approval 4. Final Environmental Impact Report (FEIR) 2019 Addendum 5. Agency Comments EXECUTIVE SUMMARY Approval of a Modification to Subdivision (SD 06-01) that would add 18765 Hartmann Road (APN 014-260-24) into the boundary of the Valley Oaks subdivision for use as a secondary access, and eventually as a drainage area for the relocation of 'Coyote Creek', a Class II seasonal stream located generally east of the Valley Oaks commercial area. RECOMMENDATION Staff recommends that the Planning Commission make the following recommendations to the Board of Supervisors: A. Find that the previously approved Addendum to the FEIR meets the requirements of Section 15162(a) of the State CEQA Guidelines, and that no additional environmental review needs be prepared to add Lot 24 to the subdivision boundary. B. Approve the Modification (MMU 22-01) for tentative Subdivision (SD 06-01) with the following findings and conditions: 1. This modification is consistent with the County of Lake General Plan, Zoning Ordinance, Subdivision Ordinance, and the Middletown Area Plan. 2. This modification request is consistent with the County of Lake Subdivision Ordinance and the California Subdivision Map Act. 3. The subdivision map remains compatible with neighboring land uses. 4. There has been no substantial change in circumstances resulting in new significant environmental impacts that were not addressed in the original 2019 FEIR or the FEIR 2019 Addendum. 5. That no permits (land use or building) shall be issued for any portion of the Valley Oaks development until the revised tentative subdivision map is submitted to, and accepted by, the County of Lake Planning Commission and ultimately by the Board of Supervisors; and, 6. That no further land divisions may occur until the revised tentative subdivision map is submitted to, and accepted by, the County of Lake Public Works Department / Community Development Department, and is recorded. Sample Motions: Reconsideration of Previously Approved Addendum to the FEIR: I move that the Board of Supervisors accept the Final Environmental Impact Report and its Addendum, which was previously prepared for the Valley Oaks Subdivision (SD 06-01) and the Grocery Outlet Use Permit (UP 19-09) and find that this modification does meet the requirements of Section 15162(a) of the CEQA Guidelines, and that no additional environmental review need be prepared with the findings listed in the staff report dated June 8, 2023. Modification: I move that the County of Lake Planning Commission recommend that the Board of Supervisors approve a minor modification (MMU 22-01) to tentatively approved Valley Oaks Subdivision (SD 06-01) add APN 014-260-24 to the boundary of the Valley Oaks Subdivision for a secondary access, hereby amending the boundary of the Valley Oaks subdivision (SD 06-01), with the findings listed in the Staff Report dated June 8, 2023, and with the additional Conditions of Approval stated herein and within Attachments 2 and 3. NOTE: The applicant or any interested person is reminded that the zoning ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. Please be advised that this Modification will be decided by the Lake County Board of Supervisors, which makes any appeal of the Planning Commission's recommendation redundant. If an appeal is filed, the appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department Mary Claybon, Assistant Planner II DATE: June 08, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-98) and Mitigated Negative Declaration (IS 20-118) for approval of 29,498 square feet of canopy area within 79,500 square feet of cultivation area, located at 1010 Argonaut Road, Lakeport (APN: 008-033-61) ATTACHMENTS: 1. Project Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Draft Initial Study and Mitigated Negative Declaration 5. Hydrology Report 6. Drought Management Plan 7. Biological Assessment 8. Electrical Load Calculations 9. Agency Comments 10. Tribal Comments EXECUTIVE SUMMARY The applicant, Kanapy has applied for a Major Use Permit (UP 20-98) for a proposed commercial cannabis cultivation operation located at 1010 Argonaut Road, Lakeport on Assessor's Parcel Number (APN): 008-033-61. The proposed commercial cannabis cultivation operation would be composed of one (1) A-Type 3 "Medium Mixed Light" cultivation license, three (3) A-Type 1C "Specialty Cottage" cultivation licenses, and one (1) Type 13 Distributor Transport Only, Self-Distribution license, within nineteen (19) 30' by 100' greenhouses, at a height of 15' feet. The project proposes a total of 72,500 square feet of cultivation area and 29,498 square feet of canopy area. All water for the proposed cultivation operation would come from one (1) existing on-site groundwater well and eight (8) plastic 2,500-gallon water storage tanks. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-118) for Major Use Permit (UP 20-98) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1 through AES-4. 2. 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-9. 3. 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-6. 4. 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-4. 5. 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-6 and CUL-1 through CUL-4. 6. 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-8. 7. 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 and HYD-2. 8. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 9. Potential environmental impacts related to Utilities and Service Systems can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 and HYD-2. 10. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WILDFIRE-1 through WILDFIRE-3 and GEO-5 through GEO-6. B. Approve Major Use Permit (UP 20-98) 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, Kelseyville 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). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-98) for Kanapy on property located at 1010 Argonaut Road., Lakeport (APN: 008-033-61) will not have a significant effect on the environment and approve Mitigated Negative Declaration (IS 20-118) based on the findings listed in the Staff Report dated June 08, 2023. Major Use Permit (UP 20-98) I move that the Planning Commission approve Major Use Permit (UP 20-98) for Kanapy on property located at 1010 Argonaut Road., Lakeport (APN: 008-033-61) based on the findings, and subject to the conditions, listed in the Staff Report dated June 08, 2023. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh day following the Planning Commission's decision on this matter.

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department Director Prepared by: Eric Porter, Associate Planner DATE: June 8, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-46 Bottle Rock Holdings) and Mitigated Negative Declaration (IS 20-58) for approval of approximately 261,360 square feet (sf) of outdoor commercial cannabis canopy within a 388,125 sf cultivation area located at 9240 and 9260 Kelsey Creek Drive, Kelseyville (APNs: 011-004-14, 011-004-40, and 011-004-50) ATTACHMENTS: 1. Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study (IS 20-58) 5. Hydrology Report and Drought Management Plan 6. Agency Comments EXECUTIVE SUMMARY The Major Use Permit would allow the applicant to obtain six (6) A-Type 3 medium outdoor commercial cannabis cultivation licenses from the State of California Department of Cannabis Control. The Bottle Rock Road site would consist of �217,800 square feet (sf) of outdoor cannabis canopy inside a 323,125 sf fenced enclosure. The Kelsey Creek Road site would consist of 43,560 sf of outdoor canopy inside a 65,000 sf fenced enclosure. The applicant also requests one (1) A-Type 13 Self Distribution permit. Both sites are served by private gravel roads that connect with Bottle Rock Road (the private road is Helen Road), and Kelsey Creek Drive (the private road is Conklin Road). RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Initial Study (IS 20-58) for Major Use Permit (UP 20-46) 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-6. 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 resources can be mitigated to less than significant levels by mitigation measures CUL-1 through CUL-3. 4. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 through NOI-3. 5. This project is consistent with land uses in the vicinity. 6. This project is consistent with the Lake County General Plan, Kelseyville Area Plan and Lake County Zoning Ordinance. B. Approve Major Use Permit (UP 20-46) 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). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission adopt Mitigated Negative Declaration (IS 20-58) for Bottle Rock Holdings, Inc. on property located at 9240 and 9260 Kelsey Creek Drive, Kelseyville (APNs: 011-004-14, 40 and 50, based on the findings listed in the Staff Report dated June 8, 2023. Major Use Permit (UP 20-46) I move that the Planning Commission approve Major Use Permit (UP 20-46) for Bottle Rock Holdings, Inc. on property located at 9240 and 9260 Kelsey Creek Drive, Kelseyville (APNs: 011-004-14, 40 and 50), subject to the Conditions of Approval and based on the findings listed in the Staff Report dated June 8, 2023. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission's decision, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Planning Commission's final determination.

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Director DATE: June 8, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 22-12), Development Review (DR 22-01) and Initial Study (IS 22-13) to construct a mini-storage and a 12,000 sq. ft. office / manufacturing building Applicant: Andrew Van Norman / Putah Storage Location: 18830 Putah Lane, Middletown (APN: 014-500-03) ATTACHMENTS: 1. Project Site, Grading Plans and Building Elevations 2. Draft Conditions of Approval 3. Initial Study 4. Hydro Study 5. Agency Comments FIGURE 1 - VICINITY MAP Source: Lake County GIS Mapping EXECUTIVE SUMMARY The applicant/owner, Putah Storage / Andrew Van Norman, has applied for a Major Use Permit (UP 22-12), an Initial Study (IS 22-13) and Development Review (DR 22-01) for consideration of a new commercial mini storage and 12,000 sf 4-bay office and manufacturing building. The subject site is accessed at the terminus of Putah Lane, which is next to and parallel with Highway 29 in Middletown. The 5.02-acre site is flat and devoid of trees. The site is zoned "C3-DR-SC", Service Commercial, Development Review and Scenic Combining. The Scenic Combining overlay zone limitations do not apply to commercially zoned properties and are not evaluated for this project. PROJECT DESCRIPTION Project Title: Putah Storage / Andrew Van Norman Permit Numbers: UP 22-12, DR 22-01 and IS 22-13 Lead Agency: Lake County Planning Department Applicant Name & Address: Putah Storage / Andrew Van Norman 18540 Spyglass Road Hidden Valley Lake, CA 95457 Location: 18830 Putah Lane, Middletown APN: 014-500-03 Parcel size: 5.02 acres General Plan: Service Commercial Zoning: "C3-DR-SC", Service Commercial, Development Review, Scenic Combining Fire District: South Lake County Fire District (Cal Fire) Flood Zone: "X", Low Risk of Flooding School District: Middletown Unified School District Supervisorial District 1 Existing On-Site Features * Vacant Land * Existing permitted groundwater well Proposed Features * Four (4) "blocks" of individual storage containers * One (1) 12,000 sf office and manufacturing structure containing four (4) bays * Fifteen (15) employees * Extension to Putah Lane terminating on site * 22 parking spaces and one (1) ADA parking space * 6' tall chain link fence with screening slats and gated entries * New septic system * Existing on-site well RECOMMENDATION Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 22-13) for Major Use Permit (UP 22-12) and Development Review (DR 22-01) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1. 2. 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. 3. Potential environmental impacts related to Cultural / Tribal resources 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 Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4. B. Approve Major Use Permit (UP 22-12) 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. Certain conditions of approval are needed for reasons described within this staff report. C. Approve Development Review (DR 22-01) with the following findings: 1. That the use is a permitted use in the district where located. 2. The site for the project is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. That there are adequate public or private services, including but not limited to fire protection, water supply, and sewage disposal. 4. That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan. 5. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 6. That no violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property. Sample Motions: Mitigated Negative Declaration (IS 22-13) I move that the Planning Commission find that potential impacts associated with this project can be mitigated to 'less than significant' through the implementation of the Mitigated Negative Declaration (IS 22-13) submitted by Andrew Van Norman / Putah Storage for the property located at 18830 Putah Lane, Middletown, (APN: 014-500-03) will not have a significant effect on the environment, and that the Planning Commission adopt Initial Study (IS 22-13) with the findings listed in the staff report dated June 8, 2023. Major Use Permit (UP 22-12) I move that the Planning Commission find that the Major Use Permit (UP 22-12) applied for by Andrew Van Norman / Putah Storage for the property located at 18830 Putah Lane, Middletown, (APN: 014-500-03) does meet the requirements of Section 51.4 of the Lake County Zoning Ordinance and that the Major Use Permit be granted based on the findings and subject to the conditions included in the staff report dated June 8, 2023. Development Review (DR 22-01) I move that the Planning Commission find that the Development Review (DR 22-01) applied for by Andrew Van Norman / Putah Storage for the property located at 18830 Putah Lane, Middletown, (APN: 014-500-03) does meet the requirements of Section 56.5 of the Lake County Zoning Ordinance and that Development Review be granted based on the findings and subject to the conditions included in the staff report dated June 8, 2023. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh day following the Planning Commission's decision on this matter.

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department Andrew Amelung, Cannabis Program Manager DATE: June 8, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-95 Artemis Farms, LLC) and Mitigated Negative Declaration (IS 20-115) for permit approval that would allow for up to 653,400 square feet (sf) of outdoor commercial cannabis canopy within approximately 1,306,800 sf of cultivation area, located at 52005500, 4960, and 4970 Bartlett Springs Road, and 7197 15 N 11 Rd, Lucerne, CA (APNs: 004-018-33, 004-018-34, 004-028-21, 004-018-36, 004-018-07, 004-018-35, 004-028-22, 004-018-19, 004-018-20, 004-018-22) ATTACHMENTS: 1. Project Site Plans 2. Property Management Plan 3. Draft Conditions of Approval 4. Draft Initial Study 5. Biological Resources Reports 6. Hydrology Studies & Reports 7. Drought Management Plan 8. Tree Survey Memorandum 9. Agency Comments 10. Tribal Comments 11. Public Comments EXECUTIVE SUMMARY Artemis Farms, LLC, requests discretionary approval of a Major Use Permit for a proposed commercial cannabis cultivation operation located at 5200 Bartlett Springs Road located between the Nice and Lucerne areas. All commercial cannabis cultivation activities will take place on APNs: 004-018-07, 004-018-34, 004-018-33, and 004-028-21. The proposed project cultivation area has the capacity for up to fifteen (15) A - Type 3 Outdoor Cultivation Licenses and the Initial Study evaluated a full scope of 15 acres of canopy, ground disturbance, and water use for this project proposal. Despite this, the applicant has indicated that when factoring in aisles, rows, and spacing within the cultivation area, a maximum of 11.4 acres of canopy would be possible, however only five (5) A - Type 3 Outdoor Licenses would be required for the current 179,803 sf of canopy proposed in the first two stages of the project as the canopy beds would be spaced out over two very large cultivation areas. Due to ongoing changes in the County of Lake's taxation of commercial cannabis between cultivation area and canopy area, the applicant has made several attempts to be as specific as possible through engineered site plans on exactly what will be cultivated and ultimately taxed. While the initial two stages of the project only show plans for 4.12 acres of canopy, the applicant has requested that the full scope of the cultivation area's capacity of 15 acres of canopy area be considered. Through the County of Lake Cannabis Program's annual inspection and monitoring procedures and request-to-reduce and opt-out options, these fluctuations can be accommodated as the Initial Study, Staff Report, and Conditions of Approval have all taken the full scope into consideration. The applicant also requests approval for a Type 13 Self-Distribution Licenses, and approval for a Type 4 Nursery Licenses. The project will be implemented in three distinct stages. The first stage will focus on the completion of Canopy Area C, Processing and Storage Structures B and F, and ancillary facilities including eighteen (18) 5,000 gallon tanks (see Figure 2 - Site Plan). The second stage will include the completion of Canopy Area A and three (3) 50,000 gallon water tanks, while the third stage will focus on the construction of Nursery Structures D and E (see Attachment 1 - Project Site Plans). RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-115) for Major Use Permit (UP 20-95) 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-2. 2. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-2 through BIO-4. 3. Potential environmental impacts related to Cultural and Tribal Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CR-1 through CR-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. 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. 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-4. 8. The project is consistent with land uses in the vicinity. 9. This project is consistent with the Lake County General Plan, Upper Lake - Nice Communities Area Plan, and Zoning Ordinance. 10. Any changes to the project will require either an amended Use Permit or a new Use Permit unless the Community Development Director determines that any changes have no potential environmental impacts. 11. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-95 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, the Upper Lake - Nice Area Plan, and the 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. 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). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that the Major Use Permit (UP 20-95) for Artemis Farms on property located at 5200 Bartlett Springs Road, Nice (APNs: 004-018-33, 004-018-34, 004-028-21, 004-018-36, 004-018-07, 004-018-35, 004-028-22, 004-018-19, 004-018-20, 004-018-22) will not have a significant effect on the environment as mitigated and approve Mitigated Negative Declaration (IS 20-115) based on the findings listed in the Staff Report, dated March 30, 2023. Major Use Permit (UP 20-95) I move that the Planning Commission approve Major Use Permit (UP 20-95) for Artemis Farms on property located at 5200 Bartlett Springs Road Nice (APNs: 004-018-33, 004-018-34, 004-028-21, 004-018-36, 004-018-07, 004-018-35, 004-028-22, 004-018-19, 004-018-20, 004-018-22) based on the Findings and subject to the Conditions listed in the Staff Report dated March 30, 2023. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh day following the Planning Commission's decision on this matter.

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Katherine Schaefers, Resource Planner DATE: June 8, 2023 RE: Consideration of General Plan Conformity Determination (GPC 23-01), and Categorical Exemption (CE 23-13), for Acquisition of Property for a Future Public Park located at 16540 State Highway 175, Cobb (APN: 013-056-04); Applicant: County of Lake - Public Services Department ATTACHMENTS: 1. Vicinity Map EXECUTIVE SUMMARY The Lake County Public Services Department (Applicant) has identified a potential parcel for a public park in the Cobb Mountain planning area. The Department is proposing to purchase the approximately 12.88-acre property. Pursuant to Government Code Title 7, Division 1, Chapter 3, Article 7, Section 65402, before the County can purchase property a determination of conformity with the Lake County General Plan must be made by the Planning Commission. It should be noted that due to the funding deadline for purchase of the property, this determination of conformity with the Lake County General Plan is only for the acquisition of land and does not include the general plan of conformity determination for construction of park buildings/structures and related CEQA analysis as required under Government Code Title 7, Division 1, Chapter 3, Article 7, Section 65402. The recommendation for this determination will be scheduled at a future Planning Commission meeting. Pursuant to California Code of Regulations Title 14, Division 6, Chapter 3, Article 19, Section 15316(a) Class 16, the acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources, and that the management plan for the park has not been prepared, is categorically exempt from CEQA. RECOMMENDATION Staff recommends 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 property acquisition, located at 16540 State Hwy 175 in Cobb, California, is in conformance with the County of Lake General Plan pursuant to California Government Code Section 65402. SAMPLE MOTIONS Categorical Exemption Approval A. I move that the Planning Commission finds that the analysis of consistency with the Lake County General Plan to acquire land for the establishment of a park, is not subject to CEQA because it falls within Section 15316(a) of the State CEQA Guidelines (Division 6 of Chapter 3 of Title 14 of the California Code of Regulations), as a Class 16 categorical exemption. General Plan Conformity Report B. I move that the Planning Commission finds that the acquisition of land, as proposed by Lake County Department of Public Services, is in conformity with the Lake County General Plan. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven calendar day appeal period. If there is a disagreement with the Planning Commission's recommendation, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination. Reviewed by: Mireya G. Turner, Community Development Department Director

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Director Prepared by Katherine Schaefers, Resource Planner DATE: June 8, 2023 SUBJECT: Consideration of Amendment (MMU 23-02) to Mitigated Negative Declaration (IS 19-09) and Modified Use Permit Conditions for the Red Hills BioEnergy Project (UP 19-05), location: 7130 Red Hills Rd, Kelseyville (APN: 009-021-07) ATTACHMENTS: 1. Site Plans (Approved and Revised) 2. Conditions of Approval (Redlined and Clean) 3. Project Description 4. Initial Study (IS 19-09) 5. Addendum to Initial Study (IS 19-09) 6. Exhibit A - Proposed Project Modifications EXECUTIVE SUMMARY Approval of an Amendment to Mitigated Negative Declaration (IS 19-09) and new Conditions of Approval for the Red Hills BioEnergy Use Permit (UP 19-05) to relocate the 40' x 50' building further east of Red Hills Road and to eliminate the proposed 28,000 sf outdoor biomass processing area, along with the section of the lane and turn around located on the east side of processing/storage area. RECOMMENDATION Staff recommends the Planning Commission find: * That the Addendum prepared for the adopted Mitigated Negative Declaration, as supported by IS 19-09, meets the requirements of Section 15164 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, and that no additional environmental review need be prepared for the relocation of, and minor changes proposed for, the revised project. * Approve the Amendment (MMU 23-02) for UP 19-05 Red Hills BioEnergy Project, with the following findings and conditions: 1. This amendment is consistent with the County of Lake General Plan, Zoning Ordinance and Rivieras Area Plan. 2. There has been no substantial change in circumstances resulting in new significant environmental impacts that were not addressed in the approved 2020 Mitigated Negative Declaration (IS 19-09)