Planning Commission — Thursday, May 25, 2023

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department DATE: May 25, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 21-53) and Mitigated Negative Declaration (IS 21-56) for Fire Mountain Ranch Lower Lake, LLC, for approval of a permit consisting of 130,680 sf of outdoor canopy area, 7,500 sf mixed light canopy area, within 147,340 sf of cultivation area located at 21506 Morgan Valley Road, Lower Lake (APN: 012-069-17). ATTACHMENTS: 1. Project Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study 5. Hydrology Report 6. Drought Management Plan 7. Agency Comments EXECUTIVE SUMMARY The applicant, Fire Mountain Ranch Lower Lake, LLC (FMRLL), requests discretionary approval for a Major Use Permit from the County of Lake for a proposed commercial cannabis cultivation operation at 21506 Morgan Valley Road, Lower Lake, (APN: 012-069-17). FMRLL's proposed commercial cannabis cultivation operation would be composed of three (3) A-Type 3 "Medium Outdoor" cultivation areas, with a canopy area of up to 138,680 sf, three (3) A-Type 1C "Mixed-Light" cultivation areas with a canopy area up to 7,500 sf, a 3,000-sf immature plant area within a greenhouse, a 6,000 sf processing facility, and a 160 sf pesticides & agricultural storage area. The applicant is also seeking Type 13 Cannabis Distributor Transport Only, Self-Distribution License. The applicant proposes 130,680 sf of outdoor canopy area, 7,500 sf of mixed light canopy area, within 147,340 sf of cultivation area. FIGURE 1 - AERIAL PHOTO Source: Lake County GIS website. FIGURE 2 - VICINITY MAP Source: Lake County GIS website PROJECT DESCRIPTION Project Title: Fire Mountain Ranch Lower Lake, LLC Permit Numbers: UP 21-53, IS 21-56 Applicant Name & Address: Fire Mountain Ranch Lower Lake, LLC 5599 San Felipe St., Suite 110 Houston, TX, 77056 Property Owner: Fire Mountain Ranch, LLC Project Location: 21506 Morgan Valley Road, Lower Lake Parcel Number(s) (APN): 012-069-17 Parcel Size: 79.01 acres General Plan Designation: Rural Lands Zoning District(s): "APZ and RL" Agriculture Preserve Zone and Rural Lands Flood Zone: "D" - Undetermined The parcel has three existing wells that would be used to fill the water storage tanks that will be used for the commercial cannabis operation. The applicant proposes a total of six (6) 5,000-gallon water storage tanks. The applicant is proposing three (3) 43,560 sf areas of outdoor canopy, a processing facility, a greenhouse for immature plants, ten (10) 750 sf mixed-light greenhouses, one pesticide and agricultural storage area, a foundation with an eight-foot diameter 5,000-gallon metal fire water storage tank, and a 6-foot-tall security fence around the cultivation area. * (3) Proposed 43,560 sq. ft. of canopy cultivation areas * (1) Proposed 6,000 sq. ft. processing facility with a roof mounted solar array * (10) Proposed 750 sq. ft. mixed light greenhouses * (1) Proposed 160 sq. ft. pesticide and agriculture storage area * (6) Proposed 5,000-gallon water storage tanks * (1) Proposed eight-foot diameter foundation with a 5,000-gallon metal fire water storage tank * (1) Proposed six-foot-tall perimeter wire fencing with privacy mesh as necessary to screen the cultivation area from public view. ASPECTS OF INTEREST Water Analysis: All water for the proposed cultivation operation would be supplied from three existing groundwater wells. The anticipated peak daily water usage for the proposed cannabis cultivation will be approximately 18,900-gallons per day, with an average water demand of 11,000-gallons per day during cultivation season (April through November), for an approximate annual water use is 7.1-acre feet per year (AFY). The onsite groundwater wells are capable of producing 63-acre feet per year (combined). There are four wells located on the site, however one of the wells will be abandoned. The anticipated well water production for the proposed cannabis cultivation will be approximately * Well # 1: "Ag Well 1" - depth of 508 feet, yield of 7 gallons per minute. * Well # 2: "Ag Well 2" - depth of 309 feet, yield of 16 gallons per minute. * Well # 3: "Ag Well 3" - depth of 330 feet, yield of 15 gallons per minute. * Well # 4: "Shallow Well" - depth of 20 feet, this well will be abandoned, and no water will be taken from this well. The radius of influence report for the cumulative impacts for the neighboring wells determined that the two closest offsite wells were burned from recent fires or are no longer in use. Therefore, while these wells may be within the potential radius of pumping influence for Well #3, they are not considered a concern to this assessment. Three manmade ponds and a wetland/marsh on this site will not be utilized for cannabis cultivation. The cannabis cultivation area will be more than 100 feet from these ponds and wetland/marsh area. Access: The Project Parcel is accessed via a shared private gravel access road off Morgan Valley Road. The proposed cultivation areas will be accessed via the shared private gravel access road, and private gravel access roads off the shared private gravel access road. The shared private gravel access road is 20 feet wide, with less than 16 percent grade, and has an aggregate surface capable of supporting fire apparatus weighing at least 75,000 pounds (lbs.). The portion of the private gravel access road used to access the area of the proposed Processing Facility is flat and will be widened to 20 feet with an aggregate surface capable of supporting fire apparatus weighing at least 75,000 pounds. The private gravel access road will loop around the proposed Processing Facility, providing ample space for emergency vehicle access and egress. Security: The applicant has provided a Security Management Plan, to minimize criminal activity, provide safe and secure working environments, and to protect private property, The "SMP" has the following measures: * Secured Entry and Access * Woven wire fences around the cultivation areas, with screen cloth in areas where needed to block from public view * Video Surveillance * Diversion/ Theft Prevention * Community Liaison and Emergency Contact PROJECT SETTING The 79-acre project parcel is located on the eastern slopes of Sky-High Ridge/Mountain, within the Rocky Creek-Cache Creek watershed (HUC12), which is part of the greater Cache Creek watershed. The parcel is approximately 4.5 miles east of Lower Lake, CA. Historical land uses of the Project Parcel include extensive agriculture (animal grazing), collective cannabis cultivation, as well as a rural residence. The property was burned in the Rocky Fire of 2015. Surrounding Zoning and Uses North: Rural Lands, 20 to 40 acres in size, undeveloped, lot 012-069-09 contains two above-ground reservoirs East: Rural Lands - Agriculture Preserve Zone, 191 acres, one dwelling South: Agriculture Preserve Zone - Rural Lands, 97.73 acres, undeveloped West: Agriculture Preserve Zone, 104.79 acres, undeveloped FIGURE 3 - ZONING MAP Source: Lake County GIS website PROJECT ANALYSIS General Plan Conformity The General Plan designation for this parcel is Rural Lands. In reference to the Lake County General, Chapter 3, Land Use- Rural Lands purpose is to allow rural development in areas that are primarily in their natural state, although some agriculture production can occur on these lands. Cannabis cultivation is an allowable use on this parcel with a conditional use permit. Water Resources Goal WR-1: To provide for the current and long-range water needs of the County and for the protection of the quality and quantity of groundwater resources. * Policy WR-1.2: Sustainable Groundwater Withdrawal: The County shall manage groundwater resources within its jurisdiction through ordinances, project approvals and agreements to ensure an adequate, safe, sustainable and economically viable groundwater supply for existing and future use within the County, in order to maintain and enhance the natural environment, protect existing groundwater users, the overall economy of the County, and groundwater and surface water quality and quantity in a manner consistent with existing law and with a doctrine of safe yield within the groundwater basins of the County. Goal WR-5: Encourage efficient use of water for new and existing land uses. * Policy WR-5.4: Water Use Efficiency for Agriculture Uses: The County shall encourage the use of agricultural and forest resources management practices that result in the efficient use of water resources. Those practices include but are not limited to drip and micro drip irrigation systems and appropriate forest thinning. The County will also encourage agricultural and forest resource operators/managers to participate in watershed management and restoration efforts. The applicant provided a water analysis indicating that the project would not adversely affect the neighboring wells because the radius of influence report for the cumulative impacts for the neighboring wells determined that the two closest offsite wells were burned from recent fires or are no longer in use. Therefore, while these wells may be within the potential radius of pumping influence for Well # 3, they are not considered a concern to this assessment. Since cannabis is an agricultural product, the cannabis cultivation operation will use a drip system and water usage measuring equipment on their wells; they will irrigate in the morning to minimize evaporation loss and store the water in (12) 5,000-gallon tanks. The project has estimated the average water use of 7.1-acre feet (2,313,542.1 gallons) annually. According to the submitted water analysis, this use will be approximately half of the recharge during a dry year. In the event there is a declared drought emergency, the applicant has provided a Drought Management Plan. The following will be measures: * Install moisture meters to monitor how much water is in the soil at the root level and reduce watering to only what is needed to avoid excess. * Cover the soil and drip lines with removable plastic mulch to reduce evaporation. * Irrigate only in the early morning hours or before sunset. * Cover plants with shaded meshes during peak summer heat to reduce plant stress and water needs. * Add soil amendments/ingredients to growing medium that retains water in a way to conserve water and aid plant growth/health. Soil amendments/ingredients such as peat moss, coco coir, compost, perlite, and vermiculite retain water and provide a good environment for cannabis to grow. * Additionally, to ensure both success and decreased impacts to the surrounding areas, the applicant will reduce their outdoor cultivation area and water usage by 10 percent or more. Land Use Goal LU-1: To encourage the overall economic and social growth of the County while maintaining its quality-of-life standards. * Policy LU-1.3: Prevent Incompatible Uses: The County shall prevent intrusion of new incompatible land uses into existing communities. * Policy LU-1.8: Permitting Procedures and Regulations: The County shall continue to ensure that its permitting procedures and regulations are consistent and efficient. The County has cannabis cultivation as a permitted use for the general plan designation. Cannabis cultivation is permissible to use in Rural Lands with a conditional use permit according to Article 27.11 Table B of the Lake County Zoning Ordinance. The surrounding parcels are all the same general plan designation. Lower Lake Area Plan Conformity The subject site is within the Lower Lake Area Plan's boundary. The Plan contains several objectives that are subject to consistency review as follows: * Objective 4.1: Fire Hazards - Planning for wildland fire protection involves integrating local circulation patterns, vegetation management and water storage to increase fire safety. Emergency access can be improved by constructing looped road systems and bridges with adequate structural strength to support firefighting equipment. Vegetation management techniques are intended to reduce fuel loading, and include maintenance of firebreaks and fuel modification, such as thinning and irrigated buffers. On-site water storage can include tanks, ponds, or wells where water is reserved for fire protection purposes. * Objective 5.1: Land Use - The community development component of the Lower Lake Area Plan focuses on land use, circulation, public services, housing, and economic development in the town of Lower Lake. The rural portions of the planning area are also considered in a more general manner. * Objective 5.3: Public Services - Local government's ability to deliver adequate public services is an essential component to accommodating expected growth in Lower Lake. The project location will have fire suppression water tanks on-site, they have a vegetation management plan, and the roads will be up to standards to support emergency vehicles; the land use is consistent with the Lower Lake area plan. Existing land use patterns are predominantly rural - with agriculture, including extensive grazing land, rural residential, and vast undeveloped lands accounting for most uses. Existing wells on the property provide water services to this location; the applicant proposes installing a septic system; there will be a solar system with a backup battery system, and they will trailer out their waste to the Eastlake Landfill. Zoning Ordinance Conformity The subject site has the following zonings and zoning overlays. Article 4- "Agriculture Preserve" (APZ): Allows agriculture uses; Article 27.11(at), Table B allows for commercial cannabis cultivation with a conditional use permit in the "APZ" zoning districts. Article 7- "Rural Lands" (RL): Allows agriculture uses; Article 27.11(at), Table B allows for commercial cannabis cultivation with a conditional use permit in the "RL" zoning districts. Article 27 - Uses Permitted: Article 27, Table B allows for commercial cannabis cultivation in the "RL" zoning district subject to the issuance of a minor or major use permit, and subject to any required building, grading and/or health permits. The following standards and criteria apply to commercial cannabis cultivation per Article 27, section 11. General Requirements There are several general requirements for cannabis cultivation listed in Section 27.11(at) of the Lake County Zoning Ordinance. These include, but are not limited to, obtaining a State License, completion of background checks, obtaining property owner approval, complying with hours of operations and deliveries, access requirements, etc. * Article 27.11(at) states that for every A-type 3 license, the minimum lot size is 20 acres, and for every A-type C license, the minimum is 5 acres. The applicant is proposing three of each type of license. The project location is 79.01 acres, meeting the license's minimum lot size. * The maximum canopy area for each A-type 3 license is 43,560 sq. ft., allowing a maximum of 130,680 sq. ft. for the three A-types 3 licenses proposed. The maximum canopy area for each A-type C license is 2,500 sq. ft., allowing a maximum of 7,500 for the three A-type C licenses proposed. * The required setback from property lines are at least 100 ft. and the setback from off-site residences are at least 200 ft. * Minimum fence height is required to be at least 6 ft. tall and maximum fence height is eight ft. tall. Tribal Consultation All Tribes located in Lake County were notified of this proposal on November 29, 2021. The Big Valley Tribe, the Upper Lake Habematolel Tribe, and the Yocha Dehe Nation reviewed and indicated that the project is not within the aboriginal territories of the Tribe and declined any comment on the project. No other tribal comments were received as a result of the AB 52 notice. Agency Review The following agencies have been submitted comments for this project: * The Redbud Audubon Society * Special Districts * Environmental Health Division The comments received have been incorporated into the Conditions of Approval. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental impacts of land use actions. An Initial Study and Mitigated Negative Declaration (Attachment 4) was prepared and circulated for public review in compliance with CEQA from February 28, 2023, to March 30, 2023. The Initial Study found that the project could cause potentially significant impacts in the following areas: * Aesthetics * Air Quality * Biological Resources * Cultural Resources * Geology/Soils * Hazards & Hazardous Materials * Hydrology/Water Quality * Noise * Wildfire Aesthetics Impacts relating to Aesthetics have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure AES-1: * AES-1: All outdoor lighting shall be shielded and downcast or otherwise positioned in a manner that would not broadcast light or glare beyond the boundaries of the subject property. All lighting equipment shall comply with the recommendations of the International Dark-Sky Association (www.darksky.org) and provisions of Section 21.41.8 of the Zoning Ordinance. Air Quality Impacts relating to Air Quality have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure AQ-1 through AQ-6. * AQ-1: Prior to obtaining the necessary permits and/or approvals for any phase, applicant shall contact the Lake County Air Quality Management District and obtain an Authority to Construct (A/C) Permit for all operations and for any diesel-powered equipment and/or other equipment with potential for air emissions. * AQ-2: All Mobile diesel equipment used for construction and/or maintenance shall be in compliance with State registration requirements. Portable and stationary diesel-powered equipment must meet the requirements of the State Air Toxic Control Measures for CI engines as well as Lake County Noise Emission Standards. * AQ-3: Construction and/or work practices that involve masonry, gravel, grading activities, vehicular and fugitive dust shall be managed by use of water or other acceptable dust palliatives to mitigate dust generation during and after site development. * AQ-4: All vegetation during site development shall be chipped and spread for ground cover and/or erosion control. The burning of vegetation, construction debris, including waste material is prohibited. * AQ-5: The applicant shall have the primary access and parking areas surfaced with chip seal, asphalt, or an equivalent all weather surfacing to reduce fugitive dust generation. The use of white rock as a road base or surface material for travel routes and/or parking areas is prohibited. * AQ-6: All areas subject to infrequent use of driveways, overflow parking, etc., shall be surfaced with gravel. Applicant shall regularly use and/or maintain graveled area to reduce fugitive dust generations. Biological Resources Impacts relating to Biological Resources have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure BIO-1 through BIO-6. * BIO-1: All work should incorporate erosion control measures consistent with the engineered Erosion and Sediment Control Plans submitted, Lake County Grading Regulations, and the State Water Resources Control Board's Cannabis General Order (Order No. WQ 2019-001-DWQ). * BIO-2: Pesticides and fertilizer storage facilities shall be located outside of riparian setbacks and not located within 100 feet of a well head and all watercourses. * BIO-3: The applicant shall maintain a minimum of a one-hundred-foot setback/buffer from the top of bank of any creek (perennial and intermittent), the edge of a lake, delineated wetland, and/or vernal pool. * BIO-4: Prior to commencement of activities within the bed or bank of a creek, a Streambed Alteration Agreement shall be obtained from the California Department of Fish and Wildlife. All the conditions of such permit shall be adhered to throughout the course of the project to reduce the impacts to a less than significant level. * BIO-5: Prior to any ground disturbance and/or vegetation removal, the applicant shall have a pre-construction survey conducted by a qualified biologist for special-status plant and animal species to ensure that special-status species are not present. o If any listed species are detected, construction shall be delayed, and the appropriate resource agency (CDFW and/or USFWS) shall be consulted with and project impacts and mitigation reassessed. * BIO-6: If construction activities occur during the nesting season (usually March through September), a pre-construction survey for the presence of special-status bird species or any nesting bird species should be conducted by a qualified biologist within 500 feet of proposed construction areas, within seven days prior to the commencement of ground disturbing activities. o If active nests are identified in these areas, CDFW and/or USFWS should be consulted to develop measures to avoid "take" of active nests prior to the initiation of any construction activities. Avoidance measures may include establishment of a buffer zone using construction fencing or the postponement of vegetation removal until after the nesting season, or until after a qualified biologist has determined the young have fledged and are independent of the nest site. Cultural Resources and Tribal Resources Impacts relating to Cultural Resources and Tribal Resources have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure CUL-1 and CUL-2. * CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during site development, all activity shall be halted in the vicinity of the find(s), the culturally affiliated Tribe(s) shall be notified, and a qualified archaeologist retained to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Department. * CUL-2: All employees shall be trained in recognizing potentially significant artifacts that may be discovered during ground disturbance. If any artifacts or remains are found, the culturally affiliated Tribe(s) shall immediately be notified; a licensed archaeologist shall be notified, and the Lake County Community Development Department shall be notified of such finds. Geology and Soils Impacts relating to Geology and Soils have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure GEO-1. * GEO-1: The applicant shall install the erosion and sediment control measures identified in the engineered Erosion and Sediment Control Plan for the project. Said measures shall be monitored and maintained for life of the project and replaced/repaired when necessary. Hazards and Hazardous Materials Impacts relating to Hazards and Hazardous Materials have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HAZ-1 through HAZ-8. * HAZ-1: All equipment shall be maintained and operated to minimize spillage or leakage of hazardous materials. All equipment shall be refueled in locations more than 100 feet from surface water bodies. Servicing of equipment shall occur on an impermeable surface. In an event of a spill or leak, the contaminated soil shall be stored, transported, and disposed of consistent with applicable local, state, and federal regulations. * HAZ-2: The storage of hazardous materials equal to or greater than fifty-five (55) gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, then a Hazardous Materials Inventory Disclosure Statement/Business Plan shall be submitted and maintained in compliance with requirements of Lake County Environmental Health Division. Industrial waste shall not be disposed of on site without review or permit from Lake County Environmental Health Division or the California Regional Water Quality Control Board. The permit holder shall comply with petroleum fuel storage tank regulations if fuel is to be stored on site. * HAZ-3: Any spills of oils, fluids, fuel, concrete, or other hazardous construction material shall be immediately cleaned up. All equipment and materials shall be stored in the staging areas away from all known waterways. * HAZ-4: All food scraps, wrappers, food containers, cans, bottles, and other trash from the project area should be deposited in trash containers with an adequate lid or cover to contain trash. All food waste should be placed in a securely covered bin and removed from the site weekly to avoid attracting animals. * HAZ-5: The applicant shall maintain records of all hazardous or toxic materials used, including a Material Safety Data Sheet (MSDS) for all volatile organic compounds utilized, including cleaning materials. Said information shall be made available upon request and/or the ability to provide the Lake County Air Quality Management District with such information to complete an updated Air Toxic Emission Inventory. * HAZ-6: Prior to operation, all employees shall have access to restrooms and hand-wash stations. The restrooms and hand wash stations shall meet all accessibility requirements. * HAZ-7: The proper storage of equipment, removal of litter and waste, and cutting of weeds or grass shall not constitute an attractant, breeding place, or harborage for pests. * HAZ-8: The applicant shall obtain an Operator Identification Number from the California Department of Pesticide Regulation prior to using pesticides onsite for cannabis cultivation. Hydrology and Water Quality Impacts relating to Hydrology and Water Quality have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HYD-1 and HYD-2. * HYD-1: Before this permit having any force or effect, the permittee(s) shall adhere to the Lake County Division of Environmental Health requirements regarding on-site wastewater treatment and/or potable water requirements. The permittee shall contact the Lake County Division of Environmental Health for details. * HYD-2: The production well shall have a meter to measure the amount of water pumped. The production well shall have continuous water level monitors. The methodology of the monitoring program shall be described. A monitoring well of equal depth within the cone of influence of the production well may be substituted for the water level monitoring of the production well. The monitoring wells shall be constructed, and monitoring begun at least three months prior to the use of the supply well. An applicant shall maintain a record of all data collected and shall provide a report of the data collected to the County annually. * HYD-3: The permittee shall obtain all required permits from Environmental Health Division to properly abandon Well # 4. Noise Impacts relating to Noise have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure NOI-1 through NOI-3. * NOI-1: All construction activities including engine warm-up shall be limited Monday Through Friday, between the hours of 7:00am and 7:00pm to minimize noise impacts on nearby residents. Back-up beepers shall be adjusted to the lowest allowable levels. This mitigation does not apply to night work. * NOI-2: Maximum non-construction related sounds levels shall not exceed levels of 55 dBA between the hours of 7:00AM to 7:00PM and 45 dBA between the hours of 10:00 PM to 7:00 AM within residential areas as specified within Zoning Ordinance Section 21-41.11 (Table 11.1) at the property lines. * NOI-3: The operation of the Air Filtration System shall not exceed levels of 57 dBA between the hours of 7:00AM to 10:00PM and 50 dBA from 10:00PM to 7:00AM within residential areas as specified within Zoning Ordinance Section 21-41.11 (Table 11.2) measured at the property lines. Wildfires Impacts relating to Wildfire have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure WILDFIRE-1 through WILDFIRE- 4. * WILDFIRE-1: Construction activities shall not take place during a red flag warning (per the local fire department and/or national weather service) and wind, temperature and relative humidity will be monitored in order to minimize the risk of wildfire. Grading shall not occur on windy days, with wind speeds above 20 miles per hour, that could increase the risk of wildfire spread should the equipment create a spark. * WILDFIRE-2: Any vegetation removal or manipulation shall take place in the early morning hours before relative humidity drops below 30%. * WILDFIRE-3: Water tender shall be present on-site during earthwork to reduce the risk of wildfire and dust. * WILDFIRE-4: The applicant shall re-install the erosion and sediment control measures identified in the engineered Erosion and Sediment Control Plan for the project, as soon as possible following a wildfire emergency affecting the Project Parcel. Mandatory Findings of Significance The discussion within this section is incorporated to mitigate any potential impacts from the implementation of the project. In addition to the mitigation measures above, the applicant will apply for permits from various agencies including the Department of Cannabis Control, the State Water Resources Control Board, and the California Department of Fish and Wildlife, and any other applicable agencies to operate a commercial cannabis cultivation operation. The various agencies include complying with state regulatory setback requirements and restrictions that would then further minimize potential impacts to the environments that address natural resources. Potentially significant impacts have been identified related to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards & Hazardous Materials, Hydrology, Noise, Tribal Cultural Resources and Wildfire. These impacts in combination with the impacts of other past, present, and reasonably foreseeable future projects could cumulatively contribute to significant effects on the environment. Implementation of and compliance with mitigation measures identified in each section as project conditions of approval would avoid or reduce potential impacts to less than significant levels and would not result in any cumulatively significant environmental impacts. Cumulative Impacts There are currently five approved cannabis projects and nine pending cannabis projects located within the three-mile radius of the proposed project on Morgan Valley Road. Figure 4 Cumulative Impacts Source: Andrew Amelung, Cannabis Manager, Community Development Department MAJOR USE PERMIT FINDINGS FOR APPROVAL The Review Authority shall only approve or conditionally approve a Major Use Permit (Lake County Zoning Ordinance, Article 51.4, Major Use Permits) if all the following findings are made: 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. The proposed use of commercial cannabis cultivation operation is a permitted use in the "RL" Rural Lands and "APZ" Agriculture Preserve zoning districts upon issuance of a Major Use Permit, subject to review under all applicable standards and criteria found in the Lake County General Plan, Lower Lake Area Plan, and Lake County Zoning Ordinance. Additionally, the area contains other existing/permitted commercial cannabis cultivation activities, and no documented complaints have been received regarding this property. 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. The project proposes 130,800 sq. ft. of outdoor cannabis canopy requiring three (3) A - Type 3 licenses and three (3) A-Type 1C licenses. The location and size of the project site complies with the local ordinance requirements for setbacks. The Lake County Zoning Ordinance conditionally allows Type 3 cultivation operations on "APZ" and "RL"-zoned land. The subject site is 79.01 acres in size, large enough to accommodate the total canopy area proposed. 3. That the streets, highways, and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The site is served by a private driveway, which is accessed from Morgan Valley Road, a paved County-maintained Road. Per the Public Resources Code (PRA) 4290/4291 Fire Safe Requirements, the interior driveway will need to meet the CALFIRE road standards outlined in Public Resources Code 4290/4291. The applicant must comply with all building codes prior to construction of any structures. Therefore, the project has adequate access to accommodate the specific use and will be required to maintain and improve the access to be compliant with Public Resources Code 4290/4291. The condition of approval has been added to ensure compliance with Public Resources Code 4290/4291 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. The project will use three existing permitted onsite groundwater wells and twelve (12) 5,000-gallon water storage tanks. Additionally, the project parcel has adequate emergency service protection through the Lake County Sheriff's Office, the California Board of Forestry and Fire Protection, (CAL FIRE), and the South Lake Fire Protection District. The applicant is required to adhere to all applicable local, state, and federal regulations, mitigation measures, and conditions of approval intended to ensure adequate services and maintain safety at the site. This application was routed to all the affected public and private service providers (including Public Works, Special Districts, Environmental Health, PG&E, and all area Tribal Agencies), and there are adequate public utilities and services available to the site. No adverse comments were received from any responding and notified agency. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. The cultivation of commercial cannabis is a permitted use within the "RL" Rural Lands and "APZ" Agriculture Preserve zoning district upon securing a Major Use Permit according to Article 27 of the Lake County Zoning Ordinance. Additionally, the Lake County General Plan does not have any provisions specifically for commercial cannabis, but both the General Plan and the Lower Lake Area Plan have provisions for economic development, water resources, and agricultural resources land use compatibility. Additionally, the subject property complies with the setbacks and development standards. 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. There are no violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code on this property. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. The application and support documentation were evaluated for compliance with all applicable standards and criteria requirements found within Article 27, section 1.i and meets these standards and criteria. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 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 application and support documentation complies with the submittal requirements found within Article 27, section 1.ii(i). RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 21-56) for Major Use Permit (UP 21-53) 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 Impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-6. 3. Potential environmental impacts related to Cultural and 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 can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1. 5. Potential environmental impacts related to Hazards and Hazardous Material 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 Hydrology Resources can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 and HYD-2. 7. Potential environmental impacts related to Noise Impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 8. Potential environmental impacts related to Wildfire Impacts can be mitigated to less than significant levels with the inclusion of mitigation measures WILDFIRE-1 through WILFIRE-4. 9. This project is consistent with the Lake County General Plan, Lower Lake Area Plan, and Zoning Ordinance. B. Approve Major Use Permit (UP 21-53) 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.

STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department Andrew Amelung, Cannabis Program Manager DATE: May 25, 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 a current proposal of 179,803 square feet (sf) of outdoor commercial cannabis canopy, with licensing allowing for up to 653,400 sf of outdoor canopy within the specified 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. Draft Conditions of Approval 3. Property Management Plan 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). FIGURE 1 - Vicinity Map FIGURE 2 - Site Plan PROJECT DESCRIPTION Project Title: Artemis Farmz, LLC Permit Numbers: UP 20-95; IS 20-115 Applicant Name & Address: Artemis Farmz, LLC Property Owner: Levanthal Realty Bartlett Springs, LLC 12762 HIGHWAY 29 Project Location: 5200, 4960, 4970 Bartlett Springs Road, 7197 15 N 11 Rd, Lucerne Parcel Number(s) (APN): 004-018-33, 004-018-34, 004-028-21, 004-018-36, 004-018-07, 004-018-35, 004-028-22 Clustering Area: 004-018-19, 004-018-20, 004-018-22 Parcel Size: 752.05 +/- Acres General Plan Designation: Rural Lands Zoning District(s): Rural Lands Flood Zone: "D" - Area of Undetermined Flood Hazard and "X" - Area of Minimal Flood Hazard. The project parcel does not have existing cultivation infrastructure in place, all existing features on the property are limited to domestic uses: * (1) Residential Dwelling Unit * (3) Wells Project proposes facilities below: * (1) 436,976 sf cultivation area section (Area C - 123,197 sf canopy) * (1) 222,982 sf cultivation area section (Area A - 56,606 sf canopy) * (1) 48,000 sf processing facility (Building B, two-story) * (1) 4,950 sf greenhouse-nursery (Building E) * (1) 14,300 sf greenhouse-nursery (Building D) * (1) 22,000 sf storage facility (Building F) * (18) 5,000-gallon water storage and fire suppression tanks (Stage 1) * (3) 50,000-gallon water storage tanks (Stage 2) During the first stage, cannabis cultivation will occur in above ground Mapal linear troughs with no ground disturbance in full sunlight within Cultivation Area C, for a total of 123,197 sf of canopy area. Assuming three feet of overgrowth from the troughs and a five-foot wide aisle, the total area of canopy and aisles together will be approximately 343,987 sf located within 436,976 sf of cultivation area identified as Cultivation Area C on the site plans (Attachment 1). During this Stage, eighteen (18) 5,000-gallon water holding tanks will be used for irrigation and fire suppression. During the second stage, Cultivation Area A (Attachment 1) will be completed, comprised of 56,606 sf of outdoor canopy, with a total area of canopy and aisles at approximately 151,506 sf located within an additional 222,982 sf cultivation area. Three (3) 50,000 gallon water storage tanks will be incorporated during this stage of development. Proposed ancillary facilities or development associated with the Proposed Project include the construction of one two-story (up to 30 ft tall) 48,000 sf processing facility (Building B), one 4,950 sf greenhouse-nursery (Building E), one 14,300 sf greenhouse-nursery (Building D), one 22,000 sf storage facility (Building F; no cannabis activity would occur in this structure), and three (3) 50,000-gallon water tanks (for irrigation and fire suppression), and a 6-foot-tall chain link fence with security cameras. The total proposed building square footage is 89,250 sf (surface footprint square footage of 65,250 sf). ASPECTS OF INTEREST Water Analysis: The Proposed Project would obtain water from three existing groundwater supply wells. Well 1 is adjacent to the proposed processing building (B) on APN 004-018-36 and Well 2 is located in Cultivation Area A on APN 004-018-07 (see Attachment 1). A water supply 4-hour yield test was conducted for both wells in April 2021, which indicated that Well 1 is capable of producing 54 gallons per minute with a 2-foot drawdown (recovered to original water level after 45 minutes) and that Well 2 is capable of producing 13.5 gallons per minute with an unknown drawdown (Attachment 6). A third well was drilled on the property in 2022, located on APN 004-280-22, with a yield of 10 gallons per minute, however this figure is projected to increase with additional maintenance of the well. The Property Management Plan and Water Availability Analysis (WAA) (Attachment 6) indicate that the estimated annual water use for the Proposed Project would be approximately 3,750,215 gallons for cannabis cultivation use (including nursery and processing demand), or an approximate total of 11.5 acre feet per Year (AFY) for cultivation and 642,100 gallons, or approximately 1.98 AFY, for nursery use, with a combined total of approximately 13.48 AFY. Access: The Project Site is located approximately one mile north of the intersection of Highway 20 and Bartlett Springs Rd. Access to the Project Site is provided via a private, gated driveway connected to Bartlett Springs Road, with plans for driveway improvements. Tree and Vegetation Removal: According to the applicant, low shrub and vegetation removal is needed, as well as the removal of several trees through a grading permit and a less-than-three acre conversion exemption. Despite an original proposal to remove approximately 240 trees, the winter storms of January and February 2023 brought down a significant number of these trees, many of which were already damaged from the Mendocino Complex fire in 2018. The current proposal for tree removal is now 80 trees (47 Pinus species (Pines), 27 Quercus (Oak) species, and 6 Douglas Firs). The removal of oaks is considered a significant impact, and any removal of oak species with a diameter at breast height (dbh) of five inches or greater requires an Oak Mitigation Plan prepared in accordance with Public Resource Code 21083.4 - the Oak Woodland Conservation Act, in accordance with the University of California Berkely's Integrated Hardwood Range Management Program's Oak Woodland Impact Decision Matrix. In 2023 the applicants submitted and updated Tree Survey Memorandum (Attachment 8) that includes proposed mitigation measures to serve as an Oak Mitigation Plan, and while the current plan includes a tree replacement ratio of 2:1. Wildlife Habitat: In response to the circulation of the Initial Study through the California State Office of Planning and Research's State Clearinghouse, comments were received from California Fish & Wildlife's North Central Region Habitat Conservation - Cannabis Program with concerns that the Initial Study did not adequately account for the potential impacts on wildlife habitat including bat roosting sites, and habitat for the Pacific Fisher, the Humboldt Marten, and the Tricolored Blackbird. Concerns include the removal of bat roosting sites due to tree removal, and the potentially significant Impacts on these protected species caused by pesticide use, road construction, vegetation removal, noise, artificial light, and increased risks due to site use. After consultation among County Staff and Fish & Wildlife, additional Conditions for Approval have been added and include the installation of bat roosting boxes located in shaded areas, an increased ratio for tree replacement, additional dust mitigation measures during road construction, the requirement of noise insulating features on generators, and additional requirements for artificial light restrictions. Generator Use: According to Article 27.13(at)(1)(iii)(d) Prohibited Activities - Electric Generators, the indoor or mixed-light cultivation of cannabis shall not rely on a gasoline, diesel, propane generators as a primary source of power, however the proposed project is outdoor cultivation which does not strictly prohibit the use of generators as a primary source. While the applicant is proposing the use of diesel generators and a 500-gallon diesel fuel tank until power can be obtained from PG&E, this amount of hazardous material exceeds the California Health and Safety Code threshold of 55 gallons of liquid fuel (per Article 27.13(at) Commercial Cannabis Cultivation - Page 27-123) and has the potential to compromise air quality within the surrounding area. Staff is recommending the applicants utilize compressed gas in the form of propane for their generator use, incorporate sound insulating features on generators, and limit the use of generators to three years until PG&E power can be accessed. Should PG&E power be unobtainable within the defined time period, the applicant shall transition to solar energy at the end of the three-year period. PROJECT SETTING The project site is located approximately one mile north of the intersection of Highway 20 and Bartlett Springs Rd. Access to the Project Site is provided via a private driveway connecting to Bartlett Springs Road. Access between cultivation areas would be provided by existing roads on the property, which are currently packed earth. Segments of access roads connecting cultivation areas and providing access to Building D would be graded, and a 6-inch layer of crushed rock gravel would be added to all other portions of the access roadway. The existing residence on the property southwest of the reservoir is not associated with the proposed project. The nearest off-site residence is located approximately 0.4 miles southwest of the project site. Land uses in the vicinity of the property included undeveloped private property and rural residences. Most of the land to the east is dense chaparral or oak savannah and used for cattle grazing, and to the west and south are residential subdivisions, however many of the adjacent lots to the southeast are substandard older subdivision parcels and currently undevelopable. Clear Lake is approximately one mile to the southwest, as well as the unincorporated towns of Nice and Lucerne. To the north and east, the terrain becomes increasingly steep and eventually enters the Mendocino National Forest, approximately 3,200 feet to the east of the project site at its closest point. The remainder of the land in the vicinity of the parcel is rural residential and undeveloped. Three Class III watercourses occurs within the Project Site along Upper Reach Road and will require culvert improvements. There are no off-site residences within 200 feet of the cultivation sites. Two existing wells are located on APNs 004-018-007 and 004-018-36. Surrounding Zoning and Uses North: "RL - WW O"-- Rural Lands, Waterway Combining District, Open Space Undeveloped land East: "RL"-- Rural Lands Undeveloped land South: "RL - WW, RR, O, PDR" - Rural Lands Rural Lands Waterway Combining District, Rural Residential, Open Lands, Planned Development Residential District West: "RL" - Rural Lands Undeveloped land FIGURE 2 - Zoning Map PROJECT ANALYSIS General Plan Conformity The General Plan designation for the subject site is Rural Lands. In reference to the Lake County General Plan (2008), Chapter 3 - Land Use, the purpose of this land use category is to allow rural development in areas that are primarily in their natural state, although some agricultural production can occur on these lands. It is appropriate for areas that are remote, or characterized by steep topography, fire hazards, and limited access, while typical uses permitted by right include animal raising, crop production, single family residences, game preserves and fisheries. Conditional uses can include recreational facilities, manufacturing and processing operations, mining, and airfields. As watershed lands, these lands also function to collect precipitation and provide for important filtering of water to improve water quality, and they are typically located outside Community Growth Boundaries. The following policies from the General Plan can be applied to the proposed project: Chapter 3-- Land Use Goal LU-1: Encourage the overall economic and social growth of the County while maintaining its quality of life standards. * Policy LU-1.3: Prevent Incompatible Uses. The County shall prevent the intrusion of new incompatible land uses into existing community areas. Pursuant to the Lake County Zoning Ordinance, the cultivation of cannabis is an allowable use within the "RL" Rural Lands Designation upon securing a Conditional Use Permit and therefore, the proposed project would not be an intrusion of a new incompatible land use within the existing zoning and general plan designation of this area as it is an allowable use. Furthermore, the project location is set in a remote enough location so as not to cause any incompatibility within the immediate proximity of the project. Chapter 7 - Health and Safety Goal HS-1: To ensure the County is protected from injury and damage resulting from natural catastrophes, man-made events, and hazardous conditions. * Policy HS-1.3: Building and Fire Codes. The County shall ensure all buildings for human habitation are designed in compliance with the Uniform Building Code and other requirements based on risk (e.g., seismic hazards, flooding), type of occupancy, and location (e.g., floodplain, fault). The applicant proposes to implement Public Resource Code 4290/4291 road standards for commercial operations in order to allow adequate access for wildfire suppression. Furthermore, the project will include the required 2,500-gallon fire suppression water tank made of steel or fiberglass, and will have several additional water tanks on the premise available for fire suppression in the event of a wildfire. Goal HS-2: To ensure the County is protected from injury and damage resulting from natural catastrophes, man-made events, and hazardous conditions. * Policy HS-2.1: Hillside Development Areas in excess of 30 percent slope or in mapped naturally occurring asbestos areas may require submittal of engineered plans for all construction and grading, at the discretion of the Community Development Department. These plans shall address roads, utility corridors, and similar off-site improvements as well as erosion and dust control. Development in other areas possessing potential landslide risk, regardless of slope, shall required engineered plans and/or geotechnical study prior to discretionary approval or approval of grading or building permits. The applicant has provided the required engineered plans that adequately address slope, drainage, grading, erosion, and dust control. These plans account for the full scope of the project's capacity of 11.4 acres of canopy within 15.15 acres of cultivation area. Goal HS-3: To reduce the generation of air pollutants and promote non-polluting activities to minimize impacts to human health and the economy. * Policy HS-3.4: Paving or Treatment of Roadways for Reduced Air Emissions As unpaved roads are a major source of the County's particulate emissions, the County should require that all new roads and driveways for new projects that are in close proximity to adjacent residences or the public be paved or treated to reduce dust generation where feasible. Unpaved roads, driveways and parking areas should be considered for surfacing improvements when permits are granted for expanded use. The applicant proposes to implement dust control measures through improvements of the existing compacted dirt driveways to crushed rock and gravel driveways, in order to minimize particulate emissions as described in the Property Management Plan (see Attachment 2). Goal HS-5: To protect residents, visitors, and property from hazardous materials through their safe use, transport, and disposal. * Policy HS-5.6: Contamination Prevention The County shall review new development proposals to ensure that soils, surface water and groundwater are protected from contamination. In addition to limiting the use of pesticides and fertilizers to only those that are organic or biorational, the applicant will also maintain a hazardous material storage area with the use of secondary containment as required for all commercial cannabis activities. In addition to meeting the County required 100-foot setback from any spring, top of bank of any creek or seasonal stream (Class II watercourse), edge of lake, delineated wetland or vernal pool, the project also meets the State required 50-foot setback of Class III ephemeral watercourses. Chapter 8-- Noise Goal N-1: To protect County residents from the harmful exposure of excessive noise and prevent incompatible land uses from encroaching upon existing and planned land uses. * Policy N-1.4: Site Planning to Reduce Noise Impacts The County should encourage proper site planning, architectural layout, and use of building materials as methods of noise attenuation. The following techniques should be considered to reduce noise impacts: Increase the distance between noise source and receiver through the use of building setbacks and/or dedication of noise easement. The project is situated in a remote location with adequate setbacks from sensitive receptors so as not to create a nuisance for the community. Furthermore, measures to insulate noise caused by generator use have been added to the Conditions of Approval, so as not to create a significant noise impact on surrounding wildlife habitat. Chapter 11-- Water Resources Goal WR-1: Provide for the current and long-range water needs of the County and for the protection of the quality and quantity of groundwater resources. * Policy WR-1.2: Sustainable Groundwater Withdrawal. The County shall manage groundwater resources within its jurisdiction through ordinances, project approvals, and agreements to ensure an adequate, safe, sustainable, and economically viable groundwater supply for existing and future use within the County, to maintain and enhance the natural environment, protect existing groundwater users, the overall economy of the County, and groundwater and surface water quality and quantity in a manner consistent with existing law and with a doctrine of safe yield within the groundwater basins of the County. The project application includes a water-use analysis, a hydrological study, and a drought management plan as required for all commercial cannabis cultivation projects. Pursuant to Ordinance 3106, the applicant submitted a Hydrology Analysis (Attachment 6) dated September 28, 2021, prepared by a registered civil engineer with Summit Engineering Inc. The report consists of evaluating the following: describing the drainage improvements and stormwater conveyance systems associated with the proposed improvements at Artemis Farms. The purpose of the drainage improvements is to provide protection from flooding and reduce or eliminate maintenance costs and erosion damage, as well as to size the post construction stormwater runoff or Low Impact Development (LID) measures, required by the County of Lake. This Hydrology Report and other water analysis documents have been reviewed by staff and a third-party consulting firm, including a peer-review by a qualified hydrogeologist, and no significant impacts are expected from the proposed project with mitigation measures in place. The proposed cultivation operation would utilize micro-drip irrigation systems to conserve water resources. Water would be pumped from three existing wells to water storage tanks located next to the cultivation areas via PVC irrigation lines, and cultivation techniques that prevent the misuse or waste of water will be implemented. In times of extreme or exceptional drought, the project will implement voluntary water-use restrictions and can reduce the overall size of cultivation or opt out of cultivation altogether depending on water availability. Community Area Plan Conformity The subject site is within the Upper Lake-- Nice Area Plan. The Plan contains several policies that are subject to consistency review as follows: * 3.1.1a: Employ appropriate erosion control measures during and after construction of new subdivisions, roads, and other activities involving movement of earth. * 4.4.1b: Industrial and commercial activities with the potential to emit toxic, hazardous, or nuisance air contaminants shall be located at safe distances and oriented from residential areas, schools, health care facilities, parks, and other sensitive receptors, and in areas that are most conducive to avoiding dispersion and direct transport of emitted materials. Such sources shall be required to use Best Available Control Technology to control emissions. * 4.4.1g: Alternatives to open burning of vegetive waste such as chipping or composting should be promoted. -The proposed project is required to adhere to the State Water Board Cannabis Cultivation Policy, which requires all runoff be retained on-site which mitigates off-site, downstream drainage impacts. Implementation of the proposed project will require approval from the County of Lake for grading permits and building permits subsequent to the approval of the Major Use Permit, which requires that the project meets the setback requirements that satisfies Area Plan Policy 4.4.1b. Concerning Policy 4.4.1g, as stated in the Property Management Plan, waste from cultivation is limited to stems, which will be composted on-site and incorporated into the soil as an amendment. All other waste will be stored in bins with secure fitting lids until disposed of at a Lake County Integrated Waste Management Facility. Zoning Ordinance Conformity Article 7 - Rural Lands Base Zoning District: Rural Lands is designed to allow rural development in areas that are primarily in their natural state, although some agricultural production, especially vineyards, can occur on these lands. Typical uses permitted by right include, but are not limited to, animal raising, crop production, single family residences, game preserves, and fisheries. Under Article 27, Sec. 21-27..11 Table B of the Lake County Zoning Ordinance, commercial cannabis cultivation is an allowable use within the Rural Lands zoning district with an approved major use permit. Article 37 - Waterway Combining District: In reference to Article 37 of the Lake County Zoning Ordinance, the WW - Waterway designation is to preserve, protect and restore significant riparian systems, streams and their riparian, aquatic and woodland habitats; protect water quality; control erosion, sedimentation and runoff; and protect the public health and safety by minimizing dangers due to floods and earth slides. Portions of the project site are within the Waterway Combining District. The property contains an intermittent watercourse and several ephemeral watercourses; however, no development is planned to occur within 100 feet of any watercourse per County regulations as well as other applicable State setback requirements. Article 27 - Uses Permitted: The purpose of Article 27 is for those uses possessing characteristics of unique and special form as to make their use acceptable in one or more districts upon issuance of a zoning permits, minor or major use permits in addition to any required building, grading and/or health permits. Pursuant to Article 27 of the Lake County Zoning Ordinance, outdoor commercial cannabis cultivation is permitted in the Rural Lands zoning district with the issuance of a Major Use Permit. To qualify for a Major Use Permit the project must demonstrate that all regulations within Articles 8 and 27 are met and any adverse environmental impacts are adequately mitigated. Development & Performance Standards This application meets the following Development Standards, General Requirements and Restrictions as specified within Article 27.13, subsection (at) of the Lake County Zoning Ordinance: Minimum Lot Size (20 acres per A-Type 3 license for one (1) acre of canopy area): The combination of the clustered parcels is approximately 752 acres in size, meeting the requirement of 300 acres for fifteen (15) A - Type 3 outdoor licenses. Setback from Property Line (100 feet): The cultivation site is set back a minimum of 100 feet from the nearest property line. Setback from Off-Site Residence (200 feet): The nearest dwelling is over 250 feet away from the cultivation area. Minimum Fence Height of Six (6) Feet: The proposed security fence will be 6 feet tall. Maximum Canopy Area ((37.6 acres)) The proposed canopy area of 4.13 acres (179,803 sf), with a maximum capacity of 11.4 acres of canopy area within the 15.15-acre cultivation area, is well below the allowable canopy area of 37.6 acres that is obtainable with 752 acres of clustered parcels. General Requirements There are several general requirements for cannabis cultivation listed in Section 27.13(at) of the Lake County Zoning Ordinance. These include, but are not limited to, obtaining a State License, completion of background checks, obtaining property owner approval, complying with hours of operations and deliveries, as well as access requirements. The applicant will be required to meet the General Requirements outlined in Section 27.13(at) of Chapter 21 Zoning Ordinance. If the requirements have not been met, a Condition of Approval (Attachment 2) has been added be added to ensure compliance with the local zoning ordinance, which must be met prior to operation of the proposed use. The applicant has submitted a Property Management Plan (Attachment 3) outlining compliance with all regulations pertaining to cannabis operations including the following: air quality, cultural resources, energy usage, fertilizer usage, fish and wildlife protection, storm water management, security, compliance monitoring, etc. In addition, the applicant complies with the restrictions pertaining to the prohibited activities described in Article 27.11. Tribal Consultation On December 16, 2020, an Assembly Bill 52 (AB 52) notification was sent to local area local tribes registered with the Native American Heritage Commission. In response to the AB 52 notification, staff received one letter from the Habematolel Pomo of Upper Lake's Tribal Historical Preservation Officer, stating that the proposed project is not within their aboriginal territories. No other comments or letters were received in response to the AB 52 notification. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use actions. An Initial Study and Mitigated Negative Declaration (Attachment 4) was prepared and circulated for public review in compliance with CEQA Guidelines from March 1, 2023 to March 30, 2023. The Initial Study found that the project could cause potentially significant impacts: * Aesthetics * Air Quality * Biological Resources * Cultural Resources * Geology/Soils * Hazards & Hazardous Materials * Hydrology/Water Quality * Noise * Wildfire Air Quality: Impacts relating to Air Quality have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measures AQ-1 and AQ-5: AQ-1: The following control measures shall be implemented during construction: a) During construction, emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area, shall be controlled so that dust does not remain visible in the atmosphere beyond the boundary line of the emission source. b) When wind speeds result in dust emissions crossing property lines, and despite the application of dust control measures, grading and earthmoving operations shall be suspended and inactive disturbed surface areas shall be stabilized. c) Fugitive dust generated by active operations, open storage piles, or from a disturbed surface area shall not result in such opacity as to obscure an observer's view to a degree equal to or greater than does smoke as dark or darker in shade as that designated as No. 2 on the Ringlemann Chart (or 40 percent opacity). d) All exposed soils be watered as needed to prevent dust density as described above and in order to prevent dust from visibly exiting the property. e) All haul trucks transporting soil, sand, or other loose material offsite shall be covered. f) All vehicle speeds on unpaved roads shall be limited to 25 mph. g) During construction the contractor shall, where feasible, utilize existing power sources (e.g., power poles) or clean fuel (i.e. gasoline, biodiesel, natural gas) generators rather than temporary diesel power generators. h) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. Signs shall be posted in the designated queuing areas of the construction site to remind off-road equipment operators that idling time is limited to a maximum of 5 minutes. AQ-2: The applicant shall maintain records of all hazardous or toxic materials used, including a Material Safety Data Sheet (MSDS) for all volatile organic compounds utilized, including cleaning materials. Said information shall be made available upon request and/or the ability to provide the Lake County Air Quality Management District such information in order to complete an updated Air Toxic emission Inventory. AQ-3: Prior to obtaining the necessary permits and/or approvals for any stage, the applicant shall contact the Lake County Air Quality Management District and obtain an Authority to Construct (A/C) Permit for all operations for any generators used in the operation of the project. AQ-4: Generator use during normal operations of the project shall be limited to natural compressed gas as a fuel source. Generator use shall be discontinued no more than three (3) years following the date of approval of this permit, or the terms of this permit will be in violation, and an alternative energy source in the form of public utilities or solar energy will be provided by the applicant within three (3) years. AQ-5: The applicant shall implement dust control measures through improvements of the existing compacted dirt driveways to crushed rock and gravel driveways in order to minimize particulate emissions and fugitive dust. Biological Resources: Impacts relating to Biological Resources have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure BIO-1 through BIO-6: BIO-1: Should work commence during the nesting season (February 1 through September 15), a preconstruction nesting bird survey shall be conducted by a qualified biologist no more than five days prior to the start of ground disturbing activities. Areas on and within 500 feet of construction shall be surveyed as possible for active nests. Should an active nest be identified, a "disturbance-free" buffer shall be established by the qualified biologist based on the needs of the species identified and clearly marked by high-visibility material. The buffer shall remain in place until the biologist determines that the nest is no longer active. Construction activities, including removal of trees, shall not occur within the buffer. Should construction cease for a period of five days or more, an additional pre-construction nesting bird survey shall be conducted. BIO-2: For the protection of aquatic features adjacent to the Project Site, BMPs for erosional control measures, such as straw wattles and silt fencing, shall temporarily be placed along existing roadways within stream and wetland setbacks during construction activities. Native vegetation shall be planted along roadsides for long-term erosion control. BIO-3: Prior to construction activities, a qualified biologist shall survey the potential seasonal wetlands and Class III watercourses within 200 feet of the Project Site. The qualified biologist shall demarcate setbacks from wetlands and watercourses with high-visibility fencing or flagging. No construction or operational project activities shall occur within the setbacks, including the stockpiling of materials or storage of equipment. The demarcation shall remain in place throughout the duration of construction. Following construction, the demarcation may be removed, with the understanding that Project activities within the setback shall not occur. BIO-4: For the removal of any Quercus (Oak) trees in good health with a dbh greater than five inches, a tree replacement ratio of 2:1 shall be implemented and monitored for life of the project. BIO-5: The Prior to the start of construction, a bat habitat assessment should be conducted to identify suitable bat roosting habitat including snags, rotten stumps, and trees with broken limbs, exfoliating bark, cavities, etc. If suitable roosting habitat is identified and will be removed by the project, a qualified biologist should survey suitable roost sites immediately prior to removal. If any sign of roosting bats or observation of individual bats is observed, do not remove the roost and contact the California Department of Fish and Wildlife (CDFW). If no sign of roosting bats is observed, tree removal shall continue by first removing non-habitat features such as limbs smaller than three (3) inches in diameter. The tree shall then be left overnight to allow any bats using the tree/snag to find another roost during their nocturnal activity period. A qualified biologist shall survey the trees/snags a second time the following morning prior to felling and removal. If suitable roosting habitat will be disturbed by presence and noise of equipment and workers for more than two hours, a qualified biologist shall be present to monitor the bat roosting habitat and stop work if any disturbance to bats is detected and contact CDFW for further guidance. In addition to these measures, the applicant shall install ten (10) artificial bat roosting sites in shaded areas to mitigate the impacts of tree removal on bat habitats. (Mitigation Measure BIO-5). BIO-6: All outdoor lighting shall be shielded and downcast or otherwise positioned in a manner that would not broadcast light or glare beyond the immediate proximity of the project area to mitigate the impacts of artificial lighting on wildlife habitats. The applicant has conducted a tree survey and indicated that tree removal will be part of the project proposal, and as such has prepared a Tree Survey Memorandum (Attachment 8) that also serves as an oak mitigation plan for the replacement at a 2:1 ratio of the 27 Quercus (Oak) species to be removed, resulting in the planting of 54 new oak trees. Comments were received from California Fish & Wildlife's North Central Region Habitat Conservation - Cannabis Program with concerns that the Initial Study did not adequately account for the potential impacts on wildlife habitat including bat roosting sites, habitat for the Pacific Fisher, the Humboldt Marten, and the Tricolored Blackbird. Concerns include the removal of bat roosting sites due to tree removal, and the potentially significant impacts on the protected species mentioned above due to pesticide use, road construction, vegetation removal, noise, artificial light, and increased risks due to site use. After consultation between county staff and staff members at Fish & Wildlife, the proposed pesticide use and shielded artificial lighting are not expected cause a significant impact, however additional Conditions of Approval have been added that include the installation of approximately ten bat roosting boxes located in shaded areas around the cultivation area, an tree replacement of (2:1), road improvements for dust mitigation measures during and after road construction, and the requirement of noise insulating features on all generators. Cultural Resources: Impacts relating to Cultural Resources have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure CR-1 through CR-2: CR-1: Should any cultural resources be uncovered during ground-disturbing activities, all construction shall halt within 50 feet of the find. The project proponent and lead agency shall be notified immediately, and a qualified professional archaeologist shall be retained to assess the find, recommend and implement mitigation measures, and prepare a report in accordance with current professional standards, tribal consultation with a culturally affiliated tribes shall also be undertaken as part of this mitigation measure. CR-2: Should human remains be uncovered during ground-disturbing activities, all construction shall halt within 50 feet of the find and the County Coroner and the Community Development Department (CDD) shall be notified immediately and compliance with Section 15064.5 (e) (1) of the CEQA Guidelines and Health and Safety Code Section 7050.5 shall be required. If the coroner determines that the remains are Native American, the coroner shall ask the NAHC to identify a Most Likely Descendant, who will work with the construction contractor, agency officials, and a qualified professional archaeologist to determine an appropriate avoidance strategy or other treatment plan. Project-related ground disturbance in the vicinity of the find shall not resume until the process detailed in CEQA Guidelines Section 15064.5 (e) has been completed. Geology and Soils: Impacts relating to Geology and Soils have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure GEO-1 throught GEO-4: GEO-1: Prior to any ground disturbance, the permittee shall submit erosion control and sediment plans to the County's Water Resource Department and Community Development Department for review and approval. Said erosion control and sediment plans shall protect the local watershed from runoff pollution through the implementation of appropriate Best Management Practices (BMPs) in accordance with the Grading Ordinance. Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt fencing and the planting of native vegetation on all disturbed areas. No silt, sediment or other materials exceeding natural background levels shall be allowed to flow from the project area. The natural background level is the level of erosion that currently occurs from the area in a natural, undisturbed state. Vegetative cover and water bars shall be used as permanent erosion control after project installation. The applicant shall include a detailed description of the relocation or proper disposal of excess soil of said excavation. GEO-2: Excavation, filling, vegetation clearing or other disturbance of the soil shall not occur between October 15 and April 15 unless authorized by the Community Development Department Director. The actual dates of this defined grading period may be adjusted according to weather and soil conditions at the discretion of the Community Development Director. GEO-3: The Applicant shall submit a geotechnical report to the County prior to construction that confirms that structures associated with the Proposed Project will be located on stable soils and all recommendations within the geotechnical report relating to building design shall be adhered to. GEO-4: In the event of any inadvertent discovery of paleontological resources, all work within a 50-foot radius of the find shall be halted and the County shall be notified. Workers shall avoid altering the materials until a professional paleontologist can evaluate the significance of the find and make recommendations to the County on the measures that shall be implemented to protect the discovered resources. Hazards and Hazardous Materials: Impacts relating to Hazards and Hazardous Materials have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HAZ-1 through HAZ-2: HAZ-1: During construction, staging areas, welding areas, or areas slated for development using spark-producing equipment shall be cleared of dried vegetation or other materials that could serve as fire fuel. To the extent feasible, the contractor shall keep these areas clear of combustible materials in order to maintain a fire break. Any construction equipment that normally includes a spark arrester shall be equipped with an arrester in good working order. This includes, but is not limited to, vehicles, heavy equipment, and chainsaws. HAZ-2: If the amount of hazardous materials stored on site is less than 55 gallons of liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, the applicant shall complete and submit a Hazardous Materials/Waste Declaration stating the name of the material and the quantity to be stored on site. HAZ-3: If the amount of hazardous materials stored on site is greater than 55 gallons of liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, is required to submit a Hazardous Materials Inventory Disclosure Statement and Business Plan to the Environmental Health Division via the California Electronic Reporting System (CERS) and it shall be renewed and updated annually or if quantities increase. Note that additional California Unified Program Agency (CUPA) requirements may apply depending on the amount of hazardous material stored on site. Hydrology and Water Quality: Impacts relating to Hydrology and Water Quality have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HYD-1: HYD-1: As required by the State Water Board, the Project Applicant shall obtain coverage under the NPDES Construction General Permit prior to initiation of construction activities. The State Water Resources Quality Control Board (SWRCB) requires that construction sites have adequate control measures to reduce the discharge of sediment and other pollutants to streams to ensure compliance with Section 303 of the CWA. To comply with the NPDES permit, a Notice of Intent shall be filed with the SWRCB. A Stormwater Pollution Prevention Plan (SWPPP) shall be approved prior to construction. The SWPPP shall include a detailed, site-specific listing of the potential sources of stormwater pollution; pollution prevention measures (erosion and sediment control measures and measures to control non-stormwater discharges and hazardous spills) including a description of the type and location of erosion and sediment control BMPs to be implemented at the Project Site; and a BMP monitoring and maintenance schedule to determine the amount of pollutants leaving the Project Site. A copy of the SWPPP shall be kept on the Project Site. Water quality BMPs identified in the SWPPP may include, but are not limited to, the following: a) Areas where ground disturbance occurs shall be identified in advance of construction and limited to approved areas. b) Vehicular construction traffic shall be confined to the designated access routes and staging areas. c) Equipment maintenance and cleaning shall be confined to staging areas. No vehicle maintenance shall occur on-site during construction. d) Supervisory construction personnel shall be informed of environmental concerns, permit conditions, and final project specifications. Said personnel shall be responsible for instructing on-site work to meet the requirements of the SWPPP including making sure work is conducted outside of protected trees' drip lines to the extent possible. e) Disturbed areas shall be restored to pre-construction contours to the extent possible. f) Hay/straw bales and silt fences shall be used to control erosion during stormwater runoff events. g) The highest quality soil shall be salvaged, stored, and used for native re-vegetation/seeding. h) Drainage gaps shall be implemented in topsoil and spoil piles to accommodate/reduce surface water runoff. i) Sediment control measures shall be in place prior to the onset of the rainy season and will be maintained until disturbed areas have been re-vegetated. Erosion control structures shall be in place and operational at the end of each day if work activities occur during the rainy season. j) Fiber rolls shall be placed along the perimeter of disturbed areas to ensure sediment and other potential contaminants of concern are not transported off-site or to open trenches. Locations of fiber rolls will be field adjusted as needed and according to the advice of the certified SWPPP inspector. k) Vehicles and equipment stored in the construction staging area shall be inspected regularly for signs of leakage. Leak-prone equipment will be staged over an impervious surface or other suitable means will be provided to ensure containment of any leaks. Vehicle/equipment wash waters or solvents will not be discharged to surface waters or drainage areas. l) During the rainy season (dates to be specified in the SWPPP), soil stockpiles and material stockpiles will be covered and protected from the wind and precipitation. Plastic sheeting will be used to cover the stockpiles and straw wattles will be placed at the base for perimeter control. Contractors shall immediately control the source of any leak and immediately contain any spill utilizing appropriate spill containment and countermeasures. Leaks and spills shall be reported to the designated representative of the lead contractor and shall be evaluated to determine if the spill or leak meets mandatory SWPPP reporting requirements. Contaminated media shall be collected and disposed of at an off-site facility approved to accept such media. Noise: Impacts relating to Noise have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure NOI-1 through NOI-4: NOI-1: The maximum non-construction related sounds levels shall not exceed levels of 55 dBA between the hours of 7:00AM to 10:00PM and 45 dBA between the hours of 10:00PM to 7:00AM within residential areas at the property lines. NOI-2: All construction activities including engine warm-up shall be limited Monday through Friday, between the hours of 7:00am and 7:00pm to minimize noise impacts on nearby residents. Back-up beepers shall be adjusted to the lowest allowable levels. NOI-3: The maximum one-hour equivalent sound pressure received by a receiving property or receptor (dwelling, hospital, school, library, or nursing home) shall not exceed levels of 55 dBA between the hours of 7:00 a.m. to 10:00 p.m. and 50 dBA from 10:00 p.m. to 7:00 a.m. within residential areas measured at the property lines. NOI-4: All outdoor generators on the property must be equipped with sound insulation features in order to minimize the noise impacts on wildlife habitats and protected species. Mandatory Findings of Significance The discussion within this section is incorporated to mitigate any potential impacts from the implementation of the project. In addition to the mitigation measures above, the applicant will apply for permits from various agencies including the Department of Cannabis Control, the State Water Resources Control Board, and the California Department of Fish and Wildlife, and any other applicable agencies to operate a commercial cannabis cultivation operation. The various agencies include complying with state regulatory setback requirements and restrictions that would then further minimize potential impacts to the environments that address natural resources. Potentially significant impacts have been identified related to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards & Hazardous Materials, Hydrology, Noise, and Tribal Cultural Resources. These impacts in combination with the impacts of other past, present, and reasonably foreseeable future projects could cumulatively contribute to significant effects on the environment. Implementation of and compliance with mitigation measures identified in each section as project conditions of approval would avoid or reduce potential impacts to less than significant levels and would not result in any cumulatively significant environmental impacts. Cumulative Impacts There are currently no approved or pending projects located within one mile of the proposed project on Bartlett Springs Road. Within a three-mile radius of the proposed project there is one approved project and one pending project, both of which are located to the northwest of the project. MAJOR USE PERMIT FINDINGS FOR APPROVAL The Review Authority shall only approve or conditionally approve a Major Use Permit (Article 51.4, of the Lake County Zoning Ordinance) if all of the following findings are made: 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. The proposed use of commercial cannabis cultivation operation is a permitted use in the RL - Rural Lands zoning upon issuance of a Major Use Permit pursuant to Article 27.11 Table B of the Lake County Zoning Ordinance. The project scope complies with the minimum regulatory requirements set by the local ordinances to address the health, safety, morals, comforts, and general welfare of those working or residing near the proposed use. Prior to any type of construction the applicant shall obtain the necessary permits and licenses from the appropriate federal, state, and/or local government agencies. Additionally, CDD will conduct annual compliance monitoring inspections during the cultivation season to ensure compliance with the County's ordinances, the approved Property Management Plan, mitigation measures, Conditions of Approval., and Drought Management Plan. 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. The proposed canopy area of 4.13 acres (179,803 sf), with a maximum capacity of 11.4 acres of canopy area within the proposed 15.15-acre cultivation area, is well below the allowable canopy area of 37.6 acres that is obtainable with 752 acres of clustered parcels. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The site will be served by a private driveway to be improved upon permit issuance, which is accessed from Bartlett Springs Road. Per the Public Resources Code 4290/4291 "SRA Fire Safe Regulations", the project will need to meet the CAL FIRE road standards outlined in Public Resources Code 4290 and 4291. The applicant must comply with all building codes prior to construction of any structures. Therefore, the project has adequate access to accommodate the specific use and will be required to maintain and improve the access to be compliant with Public Resources Code 4290/4291. 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. Between the three wells on the property, proposed energy measures that will be put in place until PG&E service is available in the area, and the Building Permit requirements for built structures, adequate public and private services exist for the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. The cultivation of commercial cannabis is a permitted use within the Rural Lands zoning district upon securing a Major Use Permit according to Article 27.11 of the Lake County Zoning Ordinance. Additionally, the Lake County General Plan and the Nice - Lucerne Area Plan have provisions for economic development, water resources, and agricultural resources land use compatibility. Additionally, the subject property complies with the minimum setbacks and development standards. 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. There are no violations of Chapters 5, 17, 21, 23 or 26 of the Lake County Code on the portion of the property that relates to the major use permit. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 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). The applicant is qualified to make the application as 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 application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). 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: May 25, 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. PROJECT DESCRIPTION Project Title: Acquisition of Land Permit Numbers: GPC 23-01; CE 23-13 Lead Agency: County of Lake Applicant: Lake County Department of Public Services Property Owner: Robert Vardanega Trust Property Location: 16540 State Hwy 175, Cobb, CA Parcel Number(s) APN(s): 013-056-04 Parcel Size: ~12.88 General Plan Designation: RL, RR, SRe, CC; Rural Lands, Rural Residential, Suburban Reserve, Community Commercial Zoning Districts: "RL", "B5" (5ac), "RR", "FF", "WW", "SR", "B4", "WW"(.5du/ac), "C2", "DR"; Rural Lands - Special Lot Density and Combining - Rural Residential - Floodway Fringe Combining - Waterway Combining - Suburban Reserve - Special Lot Density and Combining - Waterway Combining - Community Commercial - Design Review Combining Flood Zone: X, A; Areas determined to be outside the 0.2% annual chance floodplain, Area inundated by the Base Flood with no Base Flood Elevations determined Fire: Very High Fire Hazard Severity Topography: 0-<30% Fire Protection: South Lake County Fire Protection District Vegetation: Forest vegetation and grasses Water Courses: Kelsey Creek Submittal Date: May 5, 2023 Figure 1: Vicinity Map Source: Lake County GIS Mapping, 2023 PROJECT SETTING Surrounding Uses and General Plan and Zoning Designations General plan designations around the project site include (Figure 2): * North: "RC" Resource Conservation, "CR" Resort Commercial, "RR" Rural Residential, "LDR" Low Density Residential * East: "LDR" Low Density Residential * South: "RR" Rural Residential, "RL" Rural Lands * West: "CC" Community Commercial Zoning designations and uses around the project site include (Figure 3): * North: "R1", Single Family Residential developed lots roughly .75 acres in size, and an approximately 34-acre Split-zoned parcel ("RR" Rural Residential, "BF" Special Lot Size and Density Combining, "WW" Waterway Combining, "FF" Floodway Fringe, "CR" Commercial Resort, and "DR" Design Review" parcel, developed with a Golf Course (Mountain Meadow Venue) * East: "R1", Single Family Residential developed lots roughly .25-.5 acres in size * South: One approximately .62 acre "RR" Rural Residential undeveloped parcel, and one approximately 41-acre Split-zoned parcel ("RL" Rural Lands "B5" Special Lot Size and Density Combining, "WW" Waterway Combining, "FF" Floodway Fringe, "W(5ac)" Wetlands Combining) developed with a single-family residence. * West: Three "PDR" Planned Development Commercial parcels, ranging in size from .9 to over 45 acres, each with a single-family residence. Figure 2: General Plan Map Source: Lake County GIS Mapping, 2023. Figure 3: Zoning Map Source: Lake County GIS Mapping, 2023. PROJECT ANALYSIS Regulation Government Code Section 65402 (Planning and Zoning Laws) states: (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. General Plan Conformity In compliance with State regulation, the Community Development Department's staff has identified goals and policies from the Lake County General Plan's Land Use, and Open Space, Conservation & Recreation chapters that support conformity of the proposed project. General Plan, Chapter 3 - Land Use Element Goal LU-1: To encourage the overall economic and social growth of the County while maintaining its quality-of-life standards. * Policy LU-1.3 The County shall prevent the intrusion of new incompatible land uses into existing community areas. * Policy LU-1.4 The County shall recognize each community as an important asset to the County and seek to strengthen and revitalize all communities. Land use surrounding the proposed parcel is predominantly Rural and Low Density Residential, with a large Rural Residential 34-acre parcel to the north that is currently developed as a golf course, and Planned Development Commercial parcels to the West. The introduction of a park to this area would conform to the existing uses surrounding the proposed parcel and would provide a central point for the Cobb community to recreate. Per the Cobb Mountain Area Plan "Historically, the Cobb Mountain Area has been the center of a variety of recreation activities, including outdoor pursuits such as hot springs resorts, hunting and fishing. However, no county-owned park or recreation facilities have been developed in the area...Overall, there is a need to rejuvenate both the area's private resorts and develop more public park and recreation opportunities in the Cobb Mountain Area." The acquisition of this parcel would allow the County to assess the impacts of providing a park to the Cobb community at this location. By recognizing the need for a park in the Cobb Mountain Area, the County is also recognizing this community's value as an important asset. Goal LU-7: To preserve Lake County communities' character and scale, including their design heritage and historic character * Policy LU-7.4: The County shall ensure that new development respects Lake County's heritage by requiring that development respond to its context, be compatible with the traditions and character of each community and develop in an orderly fashion which is compatible with the scale of surrounding structures. Per the Cobb Mountain Area Plan, a larger park is needed to serve area growth: "The National Recreation and Park Association (NRPA) acreage standards for determining park and recreation facilities in specific areas are used for planning community-oriented parks as well as regional facilities. As a general rule, these standards provide that 2.5 acres of park site be developed for every 1000 people in the service areas. According to these standards, the Cobb Mountain Area is in need of at least one neighborhood or wayside park and eventually a 5 to 20-acre community park to serve area growth." The purchase of this parcel would allow an analysis of the potential for a park site in the Cobb area to commence. General Plan, Chapter 9 - Open Space, Conservation & Recreation Goal OSC-6: To provide a parks, recreation, and open space system that serves the recreational needs of County residents and visitors, including a regional non-motorized recreational trail system. * Policy OSC-6.3: Location and Size Criteria for Parks: The following guidelines should be observed in locating County parks: o Centrally located to serve as much of a population base as possible, within a 3-mile radius. o Located at the intersection of major and/or minor collectors to facilitate access. o Located along designated bicycle routes to facilitate access by cyclists. o In close proximity to shopping areas, cultural facilities such as libraries or museums, schools, and employments centers. o Community parks should vary between 5-20 acres. Where feasible night lighting should be provided to reduce vandalism and to extend the use of the facility. o A level of service standard of 5 acres per 1,000 residents should be maintained for community parks. o Located to ensure equitable distribution of facilities within the County. o Located on sites not containing Naturally Occurring Asbestos, unless adequate clean cover material and other effective controls to minimize public exposure to asbestos dust can be incorporated. The parcel is located approximately 1,500 feet to the south of the intersection of Highway 175 and Bottle Rock Road, which is a major transit point in the Cobb Mountain Planning Area. Per the 2006 Traffic Volume Forecast, approximately 3,320 cars drove west through the intersection in a 24-hour period (Cobb Mountain Area Plan, pg. 5.8). Directly to the north of this intersection is a retail area containing Hardester's Market, Mountain High Coffee & Books, among other services. To the south of the intersection is a large swath of developed Community Commercial zoned parcels, including the Cobb Pacific gas station, the Cobb Area Water District office, the South Lake County Fire Protection District's station 62, and a United States Postal Service office, providing service to the surrounding Low Density and Rural Residential communities. Other cultural facilities in the immediate vicinity include Cobb Mountain Elementary school, located approximately 0.6 miles to the north, and Our Lady of the Pines church, located a few hundred feet southwest of the parcel. Additionally, serpentine or other asbestos-producing soils are not present at this site. The proposed parcel is just shy of 13 acres in size and would fit within the prescribed acreage range. According to the 2020 US Census, the population of Cobb CDP ("Census Designated Place") was 1,295. However, the Cobb Planning Area, as designated by the Lake County General Plan is much larger (4.99 vs. 73.5 square miles), and the population estimate in 2006 was 4,700, assuming a low 3% growth rate (Cobb Mountain Area Plan, pg. 2.9). In the year 2023, that growth rate would translate to approximately 7,766 persons. With a level of service standard of 5 acres per 1,000 residents, the Cobb Mountain Planning Area is due for the introduction of a public park, and the acquisition of this parcel would match the locational requirements as identified in this section of the General Plan. ENVIRONMENTAL REVIEW The proposed decision is not subject to the California Environmental Quality Act (CEQA), pursuant to Sections 15316(a) (the acquisition 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) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. This activity only involves a determination concerning the consistency of the purchase of the land with the County's General Plan. Accordingly, there is no potential for this approval resulting in any significant physical change to the environment, either directly or indirectly, and is not subject to CEQA review. No management plan has yet been proposed. 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 Mary Claybon, Assistant Planner II DATE: May 25, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-26) and Mitigated Negative Declaration (IS 20-29) for CC Ranch Enterprises, for approval of one (1) A-Type 3 Outdoor commercial cannabis cultivation permit and one (1) Type 13 Self-Distribution: Transport Only permit; consisting of 14,756 sq. ft. of canopy area within 17,116 sq. ft. of cultivation area located at 2507 and 2515 Clover Valley Road, Upper Lake (APNs: 004-017-07 and 004-017-10). 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. Agency Comments 8. Tribal Comments 9. Public Comments EXECUTIVE SUMMARY The applicant, CC Ranch Enterprises, proposes a Major Use Permit (UP 20-26) for a proposed commercial cannabis cultivation operation located at 2507 and 2515 Clover Valley Road, Upper Lake (APNs: 004-017-07 & 10). The project area is zoned "RL" Rural Lands. Cultivation sites are proposed on both parcels. The total acreage of the two parcels is approximately 81.6 acres. The operation would include one (1) A-Type 3 "Medium Outdoor" commercial cannabis cultivation license consisting of 14,756 sq. ft. of canopy area within 17,116 sq. ft. of cultivation area and one (1) Type 13 "Self-Distribution: Transport Only" license. The project parcels were previously issued Early Activation for Commercial Cannabis Cultivation in 2020 and 2021. Each parcel is proposed to have commercial cannabis cultivation areas enclosed by a secured 6-foot perimeter fence. The project would include eight (8) 200 sq. ft. drying sheds, one (1) 200 sq. ft. security shed, one (1) storage shed, one (1) 200 sq. ft. storage container, one (1) 200 sq. ft. nutrient storage shed, and one (1) 200 sq. ft. pesticides and agricultural chemical storage. All water for the proposed cultivation operation would be supplied from an existing on-site groundwater well and held within six (6) 2,500-gallon water tanks; four tanks for water storage and two tanks dedicated to fire suppression. The project property is accessed by a shared driveway adjacent to Clover Valley Road, a county-maintained road. The subject parcels combined total acreage is approximately 81.6 acres (49.15 and 32.45), respectively. The Project would use approximately 252,959 gallons of water per year. FIGURE 1 - SITE PLANS FIGURE 2 - VICINITY MAP PROJECT DESCRIPTION Project Title: CC Ranch Enterprises Permit Numbers: Major Use Permit UP 20-26 Initial Study IS 20-29 Lead Agency: County of Lake Community Development Department Courthouse, 3rd Floor, 255 N. Forbes Street Lakeport, CA 95453 Applicant Name & Address: CC Ranch Enterprises P.O. Box 292 Redwood Valley, CA 95470 Property Owner: Forest Elie Project Location: 2507 and 2515 Clover Valley Road, Upper Lake Parcel Number(s) (APN): 004-017-07 004-017-10 Parcel Size: 004-017-07 (�49.15 acres) 004-017-10 (�32.45 acres) Total acreage: � 81.6 acres General Plan Designation: Rural Lands Zoning District(s): Rural Lands Flood Zone: "X": Areas of minimal flooding - not in a special flood hazard area. Existing features on the property: * One (1) 240 ft. permitted groundwater well with a maximum yield of approximately15 gallons per minute Proposed facilities include the following: * One (1) 4,800 sq. ft. outdoor canopy area * One (1) 2,000 sq. ft. outdoor canopy area * One (1) 756 sq. ft. outdoor canopy area * One (1) 7,200 sq. ft. outdoor canopy area * Eight (8) 200 sq. ft. sheds for drying use (10'x20') * One (1) 200 sq. ft. security shed (10'x20') with closed-circuit television (CCTV) security system * One (1) 200 sq. ft. shed for storage use (10'x20') * Four (4) 2,500-gallon water storage tanks for irrigation * Two (2) 2,500-gallon steel/fiberglass water storage tanks for fire suppression * One (1) 200 sq. ft. container for nutrient storage use (10'x20") * Two (2) 160 sq. ft. container for storage use (8'x20') * 6-foot perimeter woven galvanized wire fencing * Two (2) parking stalls (One ADA) According to the applicant's Property Management Plan, the proposed project will not require a significant amount of electricity as cultivation will be entirely outdoors with no artificial lighting. All electricity needed for the project for the security system will be supplied from PG&E with a backup generator for emergency use. Additionally, the project does not propose any grading or tree removal. ASPECTS OF INTEREST Water Analysis: According to the applicant's Drought Management Plan, the proposed use is designed to conserve Lake County's water resources in drought conditions. Methods to conserve water include utilizing drip-irrigation into the root system. In reference to the Water Availability Analysis Report for the project prepared by Gregory Engineering, Inc, dated October 25, 2021. All water for the proposed cultivation operation would come from the existing onsite groundwater well located at Latitude: 39.154567 degrees and Longitude: -122.864264 degrees, near the north end of the eastern project parcel (APN 004-017-10) of the proposed cultivation area. The well was tested in 2020 using a 200-foot deep,1.5 hp pump. The dynamic water level was measured to be 177 feet deep while pumping 14 gpm. The proposed water storage tanks will be located adjacent to each respective cultivation area through aboveground water lines. Total annual water use requirement of .78 acre-feet (or approximately 252,959 gallons) for irrigation purposes, with the greatest daily water usage during the months of July, August, and September (approximately 1,354 gallons per day). The estimated required annual water use is approximately .78 acre-feet (252,959 gallons). The estimated maximum daily water use would be approximately 1,053 gallons, with an average daily water use required between 1,400 and 350 gallons per day during the cultivation season (April through November). According to the Water Availability Analysis Report, there is an exceptionally low cumulative impact to surrounding areas due to low development rate in the area, as the proposed water use is below potential well production rate (31%). Therefore, the proposed project has an adequate water supply for the proposed irrigation. Even in a drought year, estimates show that the well has the capacity to handle more than double the proposed water irrigation needs of the project. Access: The Project Property is accessed via a shared private driveway access road that connects directly to Clover Valley Road and leads to the cultivation area on the northern portion of the eastern parcel (APN 004-017-10). According to the applicant's Property Management Plan, there are no proposed structures greater than 200 sq.ft. Public Resources Code sections 4290 and 4291 Commercial Standards are not required for outdoor cultivation per the Lake County Board of Supervisors Resolution No. 2019-124. Public Resources Code sections 4290 and 4291 have no different and/or greater application to outdoor commercial cannabis cultivation operations than to any other agriculture activity. It is interpreted by the Board of Supervisors that outdoor cannabis cultivation be recognized as an agricultural activity in the application of Public Resources Code Sections 4290 and 4291 and the SRA Fire Safe Regulations, subject to the same requirements imposed upon, and the exemptions allowed for, any other agricultural activity. The access driveway to the entrance of the cultivation site will be approximately 3,587 feet (ft) in length. The access driveway will have 6-inch gravel added to the entire length of said driveway. At minimum, the driveway will be 12' ft wide with 14' ft of unobstructed horizontal clearance and 15' ft of unobstructed vertical clearance. The project proposes a hammerhead turnaround at the cultivation site, 20' ft wide and 60' ft in length. The access driveway includes a security gate entrance that will be at least 2' feet wider than the width of the traffic lane with a minimum of 14' feet unobstructed horizontal clearance and 15 feet on unobstructed vertical clearance. The access gate will be located at least 30 feet from the main shared access road and property line. Turnouts are not proposed due to no structures over 200 sq.ft. being proposed, however if needed, turnouts will be at minimum 12 feet wide and 30 ft long, with a minimum 25 ft tapper on each end, roughly every 400 ft. PROJECT SETTING The proposed project is located at 2507 and 2515 Clover Valley Road, Upper Lake (APNs 004-017-07 and 10). The parcels are located approximately four miles east of Highway 29. The proposed project is within the Middle Creek, Clover Creek Watershed (HUC 10). The proposed project is in the Upper Lake/Nice Communities Planning Area, but approximately 1.39 miles (7,332.8 ft.) south of the nearest community growth boundary. Surrounding Zoning North: "RL" Rural Lands; "APZ-SC" Agricultural Preserve District, Scenic Combing District; "RL-SC" Rural Lands, Scenic Combining District East: "APZ-WW-FF" Agricultural Preserve District, Waterway Combing District, Floodway Fringe Combing District South: RL - Rural Lands West: RL - Rural Lands Surrounding Uses North: Developed Use; Residential East: Undeveloped South: Undeveloped West: Undeveloped FIGURE 3 - ZONING MAP PROJECT ANALYSIS General Plan Conformity The General Plan designation for the subject site is Rural Lands. In reference to the Lake County General Plan (2008), Chapter 3 - Land Use, rural lands provide for rural development in areas that are primarily in their natural state, although some agricultural production, especially vineyards, can occur on these lands. This category is appropriate for areas that are remote or characterized by steep topography, fire hazards, and limited access. Water Resources Goal WR-1: Provide for the current and long-range water needs of the County and for the protection of the quality and quantity of groundwater resources. * Policy WR-1.2: Sustainable Groundwater Withdrawal. The County shall manage groundwater resources within its jurisdiction through ordinances, project approvals, and agreements to ensure an adequate, safe, sustainable, and economically viable groundwater supply for existing and future use within the County, to maintain and enhance the natural environment, protect existing groundwater users, the overall economy of the County, and groundwater and surface water quality and quantity in a manner consistent with existing law and with a doctrine of safe yield within the groundwater basins of the County. Under Chapter 21, Article 27.11, the requirements for cannabis cultivation projects submittal include a Water Use Management Plan to be reviewed and approved by the County. The applicant submitted a Water Use Management Plan within the CC Ranch Enterprises Management Plan prepared by Forest Elie, dated February 5, 2019. Additionally, the applicant submitted a Water Availability Analysis Report for the project prepared by Gregory Engineering, Inc, dated October 25, 2021. According to the CC Ranch Enterprises Property Management Plan, provided by Forest Elie, dated February 5, 2019, CC Ranch Enterprises expects a total annual water use requirement of .78 acre-feet (or approximately 252,959 gallons) for irrigation purposes with the greatest daily water usage during the months of July, August, and September (approximately 1,354 gallons per day). The proposed project plans to utilize a drip irrigation system to conserve water resources. Irrigation water will be pumped from the irrigation well to six (6) 2,500-gallon water tanks; four (4) for irrigation and (2) dedicated to fire suppression. The drip irrigation systems will have soil moisture monitors and irrigate in the morning to minimize evaporation losses. The project plans do not involve any surface water diversions or imported water; all project water will be derived from the project irrigation well. Prior to cultivation, inline meters compliant with California Code of Regulations, Title 23, Division 3, Chapter 2.7 will be installed on the main irrigation water supply lines running between the water storage tank and the proposed cultivation areas. Water level meters equipped with data logging capabilities will be installed to the existing wells for monitoring and reporting water use to the County of Lake within the project's Annual Performance Report. Land Use Goal LU-1: Encourage the overall economic and social growth of the County while maintaining its quality of life standards. * Policy LU-1.3: Prevent Incompatible Uses. The County shall prevent the intrusion of new incompatible land uses into existing community areas. Pursuant to Article 27, Sec. 21-27.10, Sec. 27.11 Table B of the Lake County Zoning Ordinance, the cultivation of cannabis is an allowable use within the "RL" Rural Lands Designation upon securing a Minor/Major Use Permit. Therefore, the proposed project would not be an intrusion of a new incompatible land use within the existing zoning and general plan designation of this area as it is an allowable use. The Project Parcel is surrounded by large parcels with limited to no development. The nearest Community Growth Boundary is over 5,900 feet from the southernmost point of the project parcel's lot line. Goal LU-2: is to clearly differentiate between areas within Lake County appropriate for higher intensity urban services and land uses from areas where rural or resource use should be emphasized. * Policy LU-2.4 Agricultural/Residential Buffer. The County shall require adequate setbacks between agricultural and non-agricultural uses. Setbacks shall vary depending on type of operation and chemicals used for spraying. In reference to the Lake County Zoning Ordinance Article 27,(at), 1.i.the County requires a minimum 100 foot setback from all property lines of the subject property, and a minimum of 200 foot setback from any off-site residences. There are currently no off-site residences within 1,000 feet from the cultivation site. Additionally, Article 27, Sec. 21-27.10,(at),3.iii.v. prohibits Commercial Cannabis Cultivation within a 1,000 feet of Community Growth Boundaries, licensed child care facilities, churches, or youth-oriented facilities. The closest community growth boundary accessible by road is Clearlake Oaks, which is approximately 1.5 miles away, while the Lucerne community growth boundary is approximately 4.25 miles away, separated by rugged, mountainous terrain. The project meets these setbacks. Community Area Plan Conformity The subject site is within the Upper Lake/Nice Planning Area boundary. The Plan contains several policies that are subject to consistency review as follows: * 3.1.1.a: Employ appropriate erosion control measures during and after construction of new subdivisions, roads, and other activities involving movement of earth. * 3.3.1.a: Riparian and wetland habitat shall be designated Resource Conservation and shall be protected to the greatest extent possible. The Waterway "WW" and Wetland "W" combining districts shall be utilized were appropriate. Any permitted disturbances or removal of riparian vegetation shall require replacement at a ratio of 2 to 1. * 3.5.2.a: Scenic viewsheds within the planning area shall be protected to the greatest extent possible. The proposed project is consistent with the policies of the Upper Lake/ Nice Communities Plan, including the policies cited above. The mitigation measure, GEO-2, in the Initial Study and Mitigated Negative Declaration, requires the applicant to install erosion and sediment control measures through the implementation of appropriate Best Management Practices (BMPs) in accordance with the Grading Ordinance. The project is required to adhere to the State Water Resources Control Board Cannabis Cultivation Policy, which requires all runoff be retained on-site, mitigating off-site downstream drainage impacts. The proposed project also has a 100-foot setback from the property lines and greater than 250-foot setback from the nearest off-site residence. The project, therefore, is consistent with the Upper Lake/ Nice Communities Plan. Finally, as stated in the Initial Study and within the Property Management Plan, Water Use Management Plan, the well will have a meter to measure the amount of water pumped and will maintain a record of all data collected and will provide a report of the data collected to the County annually. Zoning Ordinance Conformity Article 7 - Rural Lands (RL): In reference to Article 7 of the Lake County Zoning Ordinance, this designation is to allow rural development in areas that are primarily in their natural state, although some agricultural production, especially vineyards, can occur on these lands. Typical uses permitted by right include, but are not limited to, animal raising, crop production, single family residences, game preserves, and fisheries. Under Article 27, Sec. 21-27.10, Sec. 27.11 Table B of the Lake County Zoning Ordinance, commercial cannabis cultivation is a permitted use within the Rural Lands zoning district. Article 27 - Uses Permitted: Pursuant to Article 27 of the Lake County Zoning Ordinance, outdoor commercial cannabis cultivation is permitted in the Rural Lands zoning district with the issuance of a Major Use Permit. To qualify for a Major Use Permit the project must demonstrate that all regulations within Articles 8 and 27 are met and any adverse environmental impacts are adequately mitigated. Development & Performance Standards This application meets the following Development Standards, General Requirements and Restrictions as specified within Article 27, subsection (at) of the Lake County Zoning Ordinance, including: * Minimum Lot Size (20 acres per A-Type 3): Complies, the combined lots are � 81.6 Acres (49.15 and 32.45). * Setback from Property Line (100 feet): Complies, the cultivation site is set back a minimum of 100 feet from the nearest property line, * Setback from Off-Site Residence (200 feet): Complies; the nearest dwelling is over 550 feet away to the north from the cultivation area of APN 004-017-10. * Minimum Fence Height of Six (6) Feet: Complies; the proposed security fence will be six feet tall. * Maximum Canopy Area for an A - Type 3 (43,560 sf): Complies; the proposed canopy area would be approximately 14,756 sf for the one (1) A-Type 3 license. General Requirements There are several general requirements for cannabis cultivation listed in Section 27.11(at) of the Lake County Zoning Ordinance. These include, but are not limited to, obtaining a State License, completion of background checks, obtaining property owner approval, complying with hours of operations and deliveries, access requirements, etc. The applicant will be required to meet the General Requirements outlined in Section 27.11(at) of Chapter 21 Zoning Ordinance, Ordinance 3106, and Ordinance 3101. If the requirements have not yet been met, a condition has been added to the Conditions of Approval (Attachment 2) to ensure compliance with the Zoning Ordinance. The applicant has submitted a Property Management Plan (Attachment 3), outlining compliance with all regulations pertaining to cannabis operations including the following: air quality, project grounds, grading and erosion control BMP's, security, stormwater, water use, etc. In addition, the Project complies with the restrictions pertaining to the prohibited activities listed in Article 27, including tree removal for the purpose of developing a cannabis cultivation site and water use that is illegally diverted. Tribal Consultation Tribes with aboriginal territories located in and around Lake County were notified of this proposal on September 4, 2020. A comment was received March 16, 2020, from Middletown Rancheria stating the Tribal Historic Preservation Office had reviewed the project and concluded that the location is not within the aboriginal territories of the Middletown Rancheria. A comment was received September 11, 2020, from Big Valley Band of Pomo Indians Tribal Historic Preservation Officer stating the proposed project is outside of the Historical Tribal Boundaries of the Big Valley Band of Pomo Indians and advised no interest in consultation. On March 2, 2023. No further responses were received. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental implications of land use projects. A draft Initial Study with Mitigated Negative Declaration (Attachment 4) was prepared and circulated for public review in compliance with CEQA from January 31, 2023, to March 2, 2023. The Initial Study found that the project could cause potentially significant impacts in the following categories: * Aesthetics * Air Quality * Biological Resources * Cultural Resources * Geology/Soils * Hazards & Hazardous Materials * Hydrology/Water Quality * Noise * Transportation * Wildfire Aesthetics Impacts relating to Aesthetics have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure AES-1 through AES-3: AES-1: All outdoor lighting shall be directed downward onto the Project site and not onto adjacent properties. All lighting equipment shall comply with the recommendations of www.darksky.org. AES-2: Security lighting shall be motion activated and all outdoor lighting shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the lot of record upon which they are placed. Air Quality Impacts relating to Air Quality have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure AQ-1 through AQ-5: AQ-1: Prior to obtaining the necessary permits and/or approvals for any phase, applicant shall contact the Lake County Air Quality Management District (LCAQMD) and obtain an Authority to Construct (A/C) permit for all operations and for any diesel-powered equipment and/or other equipment with potential for air emissions or provide proof that a permit is not needed. AQ-2: All mobile diesel equipment used must be in compliance with state registration requirements. Portable and stationary diesel-powered equipment must meet all federal, state, and local requirements, including the requirements of the State Air Toxic Control Measures for compression ignition engines. Additionally, all engines must notify LCAQMD prior to beginning construction activities and prior to engine use. AQ-3: The applicant shall maintain records of all hazardous or toxic materials used, including a Material Safety Data Sheet (MSDS) for all volatile organic compounds utilized, including cleaning materials. Said information shall be made available upon request and/or the ability to provide the LCAQMD such information in order to complete an updated Air Toxic Emission Inventory. AQ-4: Water and/or gravel shall be used to reduce and aid in dust suppression during all site disturbance. Applicant shall regularly monitor and/or maintain undeveloped access to and from the project site to reduce fugitive dust generations. AQ-5: The cultivation area will be surrounded by a fence during the application of pesticides in order to prevent off-site drift. Biological Resources Impacts relating to Biological Resources have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure BIO-1 through BIO-2: BIO-1: Lake County requires mitigation for the removal of commercial tree species and native oak species. If development of the project will result in the removal of commercial tree species, one of the following permits is needed: Less than 3 Acre Conversion Exemption; Christmas Tree; Dead, Dying or Diseased, Fuelwood, or Split Products Exemption; a Public Agency, Public and Private Utility Right of Way Exemption; a Notice of Exemption from Timberland Conversion Permit for Subdivision; or an Application for Timberland Conversion Permit. BIO-2: All work shall incorporate erosion control measures consistent with the engineered Grading and Erosion Control Plans submitted, the Lake County Grading Regulations, and the State Water Resources Control Board Order No. WQ 2019-001-DWQ. Geology and Soils Impacts relating to Geology and Soils have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure GEO-1 through GEO-7: GEO-1: A Grading Plan is needed to show the footprints of the structures and access road improvements proposed for the project and how the earth will be graded in a manner that will limit or eliminate the potential for landslides and/or storm-related earth movement. GEO-2: Prior to any ground disturbance for building construction, the permittee shall submit erosion control and sediment plans to the Water Resource Department and the Community Development Department for review and approval. Said erosion control and sediment plans shall protect the local watershed from runoff pollution through the implementation of appropriate Best Management Practices (BMPs) in accordance with the Grading Ordinance. Typical BMPs include the placement of straw, mulch, seeding, straw wattles, silt fencing, and the planting of native vegetation on all disturbed areas. No silt, sediment, or other materials exceeding natural background levels shall be allowed to flow from the project area. The natural background level is the level of erosion that currently occurs from the area in a natural, undisturbed state. Vegetative cover and water bars shall be used as permanent erosion control after project installation. GEO-3: Excavation, filling, vegetation clearing, or other disturbance of the soil shall not occur between October 15 and April 15 unless authorized by the Community Development Department Director. The actual dates of this defined grading period may be adjusted according to weather and soil conditions at the discretion of the Community Development Director. GEO-4: The permit holder shall monitor the site during the rainy season (October 15 - May 15), including post-installation, application of BMPs, erosion control maintenance, and other improvements as needed. GEO-5: If greater than fifty (50) cubic yards of soils are moved, a Grading Permit shall be required as part of this project. The project design shall incorporate Best Management Practices (BMPs) to the maximum extent practicable to prevent or reduce the discharge of all construction or post-construction pollutants into the County storm drainage system. BMPs typically include scheduling of activities, erosion and sediment control, operation and maintenance procedures, and other measures in accordance with Chapters 29 and 30 of the Lake County Code. GEO-6: Prior to operation, all buildings, accessible compliant parking areas, routes of travel, building access, and/or bathrooms shall meet all California Building Code Requirements. GEO-7: Prior to operation, all structure(s) used for commercial cultivation shall meet accessibility and CAL Fire standards. Please contact the Community Development Department's Building Division for more information. Hazards and Hazardous Materials Impacts relating to Hazards and Hazardous Materials have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HAZ-1 through HAZ-7: HAZ-1: All equipment will be maintained and operated to minimize spillage or leakage of hazardous materials. All equipment will be refueled in locations more than 100 feet from surface water bodies. Servicing of equipment will occur on an impermeable surface. In an event of a spill or leak, the contaminated soil will be stored, transported, and disposed of consistent with applicable local, state, and federal regulations. HAZ-2: With the storage of hazardous materials equal to or greater than fifty-five (55) gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of compressed gas, a Hazardous Materials Inventory Disclosure Statement and Business Plan shall be submitted and maintained in compliance with requirements of Lake County Environmental Health Division. Industrial waste shall not be disposed of on site without review or permit from Lake County Environmental Health Division or the California Regional Water Quality Control Board. The permit holder shall comply with petroleum fuel storage tank regulations if fuel is to be stored on site. HAZ-3: Prior to operation, the applicant shall schedule an inspection with the Community Development Department - Code Enforcement Division to verify adherence to all requirements of Chapter 13 of the Lake County Code, including but not limited to adherence with the Hazardous Vegetation requirements. HAZ-4: Prior to operation, all employees shall have access to restrooms and hand-wash stations. The restrooms and hand wash stations shall meet all accessibility requirements. HAZ-5: The proper storage of equipment, removal of litter and waste, and cutting of weeds or grass shall not constitute an attractant, breeding place, or harborage for pests. HAZ-6: All food scraps, wrappers, food containers, cans, bottles, and other trash from the project area should be deposited in trash containers with an adequate lid or cover to contain trash. All food waste should be placed in a securely covered bin and removed from the site weekly to avoid attracting animals. HAZ-7: The applicant shall maintain records of all hazardous or toxic materials used, including a Material Safety Data Sheet (MSDS) for all volatile organic compounds utilized, including cleaning materials. Said information shall be made available upon request and/or the ability to provide the Lake County Air Quality Management District such information to complete an updated Air Toxic Emission Inventory. Hydrology and Water Quality Impacts relating to Hydrology and Water Quality have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HYD-1 though HYD-3: HYD-1: Before this permit shall have any force or effect, the permittee(s) shall adhere to the Lake County Division of Environmental Health requirements regarding on-site wastewater treatment and/or potable water requirements. The permittee shall contact the Health Services Department - Environmental Health Division for details. HYD-2: The applicant will adhere to the measures described in the Drought Management Plan during periods of a declared drought emergency. Noise Impacts relating to Noise have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure NOI-1 through NOI-3: NOI-1: All construction activities including engine warm-up shall be limited Monday through Friday, between the hours of 7:00 am and 7:00 pm, and Saturdays from 12:00 noon to 5:00 pm to minimize noise impacts on nearby residents. Back-up alerts shall be adjusted to the lowest allowable levels. This mitigation does not apply to night work. NOI-2: Maximum non-construction related sounds levels shall not exceed levels of 55 dBA between the hours of 7:00AM to 10:00PM and 45 dBA between the hours of 10:00 pm to 7:00 am within residential areas as specified within Zoning Ordinance Section 21-41.11 (Table 11.1) at the property lines. NOI-3: Generators shall only be used as emergency power backup supply and shall not be used for regular power provision to this facility. Transportation Impacts relating to Transportation have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure TRANS-1: TRANS-1: Prior to this use permit having any force or effect, the applicant will be required to submit and have approved a timeline to make all necessary road improvements to comply with Public Resource Code (PRC) section 4290 and 4291. The building official will inspect this road following completion of the road to assure PRC compliance. Tribal Cultural Resources Impacts relating to Tribal Cultural Resources have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure CUL-1 through CUL-2: CUL-1: Should any archaeological, paleontological, or cultural materials be discovered during site development, all activity shall be halted in the vicinity of the find(s), the applicant shall notify the culturally affiliated Tribe(s), and a qualified archaeologist to evaluate the find(s) and recommend mitigation procedures, if necessary, subject to the approval of the Community Development Director. Should any human remains be encountered, the applicant shall notify the Sheriff's Office, the culturally affiliated Tribe(s), and a qualified archaeologist for proper internment and Tribal rituals per Public Resources Code Section 5097.98 and Health and Safety Code 7050.5. CUL-2: All employees shall be trained in recognizing potentially significant artifacts that may be discovered during ground disturbance. If any artifacts or remains are found, the culturally affiliated Tribe(s) shall immediately be notified; a licensed archaeologist shall be notified, and the Lake County Community Development Director shall be notified of such findings. Utilities Impacts relating to Utilities have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure HYD-1 through HYD-2. The utility that requires mitigation is water use, as this project proposes outdoor cannabis cultivation only. HYD-1: Before this permit shall have any force or effect, the permittee(s) shall adhere to the Lake County Division of Environmental Health requirements regarding on-site wastewater treatment and/or potable water requirements. The permittee shall contact the Health Services Department - Environmental Health Division for details. HYD-2: The applicant will adhere to the measures described in the Drought Management Plan during periods of a declared drought emergency. Wildfire Impacts relating to Wildfire have been reduced to Less than Significant with mitigation incorporated as described by Mitigation Measure WDF-1 through WDF-4: WDF-1: Construction activities will not take place during a red flag warning (per the local fire department and/or national weather service) and wind, temperature and relative humidity will be monitored in order to minimize the risk of wildfire. Grading will not occur on windy days that could increase the risk of wildfire spread should the equipment create a spark. WDF-2: Any vegetation removal or manipulation will take place in the early morning hours before relative humidity drops below 30 percent. WDF-3: A water tender shall be present on-site during earth work to reduce the risk of wildfire and dust. WDF-4: This shall include, but not be limited to, property line setbacks for structures that are a minimum of 30 feet, addressing on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage, all weather driveway/roadway surfaces engineered for 75,000 lb. vehicles, maximum slope of 16%, turnouts, gates (14 foot wide minimum), gate setbacks (minimum of 30 feet from the road), parking, fuels reduction, including a minimum of 100 feet of defensible space. If this property will meet the criteria to be or will be a CUPA reporting facility/entity to Health Services Department - Environmental Health Division, it shall also comply specifically with PRC 4291.3 requiring 300 feet of defensible space and fuels reduction around said structure. Mandatory Findings of Significance The discussion within this section is incorporated to mitigate any potential impacts from the implementation of the project. In addition to the mitigation measures above, the applicant will apply for permits from various agencies including the Department of Cannabis Control, the State Water Resources Control Board, and the California Department of Fish and Wildlife, and any other applicable agencies to operate a commercial cannabis cultivation operation. The various agencies include complying with state regulatory setback requirements and restrictions that would then further minimize potential impacts to the environments that address natural resources. Potentially significant impacts have been identified related to Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards & Hazardous Materials, Hydrology, Noise, Transportation, Tribal Cultural Resources, Utilities and Wildfire. These impacts in combination with the impacts of other past, present, and reasonably foreseeable future projects could cumulatively contribute to significant effects on the environment. Implementation of and compliance with mitigation measures identified in each section as project conditions of approval would avoid or reduce potential impacts to less than significant levels and would not result in any cumulatively significant environmental impacts. Cumulative Impacts There are currently two approved projects located within one mile of the proposed project on Clover Valley Road. Within a three-mile radius of the proposed project there are four approved projects and two pending projects. MAJOR USE PERMIT FINDINGS FOR APPROVAL The Review Authority shall only approve or conditionally approve a Major Use Permit (LCZO Section 51.4, Major Use Permits) if all of the following findings are made: 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. The proposed use of commercial cannabis cultivation operation is a permitted use in the "RL" Rural Lands zoning upon issuance of a Major Use Permit pursuant to Article 27, Sec. 21-27, Sec. 27.11 Table B of the Lake County Zoning Ordinance. The project scope complies with the minimum regulatory requirements set by the local ordinances to address the health, safety, morals, comforts, and general welfare of those working or residing near the proposed use. The project meets or exceeds all required setbacks for this type of use, including distance to nearby sensitive receptors. The terrain of the site will conceal and screen the use from neighboring lots and public roads. Prior to the applicant constructing any type of structure(s), the applicant shall obtain the necessary permits and licenses from the appropriate federal, state, and/or local government agencies. Additionally, the CDD would conduct annual compliance monitoring inspections during the cultivation season to ensure compliance with the County's ordinances, the approved Property Management Plan, mitigation measures, and conditions of approval. 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. The proposed canopy area would be approximately 14,756 sq. ft. of outdoor canopy area for one (1) A - Type 3 Medium outdoor permit. The location and size of the project site comply with the local ordinance requirements for use and setbacks. The site is large enough to meet the standards and criteria for commercial cannabis licenses applied for as found in Article 27.11. The Lake County Zoning Ordinance allows Types 1, 2, 3, and 4 cultivation operations within "RL" Rural Lands zoning districts, and the subject site is 81.6 acres total (49.15 and 32.45) in size, large enough to enable the cultivation area proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. The site is served by a private driveway, accessible from Clover Valley Road. Per Fire Safe Requirements, the project will need to meet the CAL FIRE road standards outlined in Public Resources Codes 4290/4291. The applicant must comply with all building codes prior to construction of any structures. There is no pedestrian access to the Project Site. The project has adequate access to accommodate the specific use and will be required to maintain and improve the access to be compliant with Public Resources Code 4290/4291. 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. The project site will utilize an onsite groundwater well (Latitude 39.154567� and Longitude -122.864264�.) and six (6) 2,500-gallon water storage tanks totaling 15,000 gallons. Two 2,500-gallon water storage tanks are steel/fiberglass specifically for fire suppression. Additionally, the project parcel has adequate emergency service protection through the Lake County Sheriff's Office, California Highway Patrol (CHP), the California Board of Forestry and Fire Protection, (CAL FIRE), and the Northshore Fire Protection District. The applicant is required to adhere to all applicable local, state, and federal regulations, mitigation measures, and conditions of approval intended to ensure adequate site. This application was routed to all the affected public and private service providers (including Public Works, Special Districts, Environmental Health, PG&E), and there are adequate public utilities and services available to the site. No adverse comments were received. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. The cultivation of commercial cannabis is a permitted use within the Rural Lands zoning district upon securing a Major Use Permit according to Article 27.11 of the Lake County Zoning Ordinance. Additionally, although the Lake County General Plan does not have any provisions specifically for commercial cannabis, both the General Plan and the Upper Lake/Nice Communities Area Plan have provisions for economic development, water resources, and agricultural resources land use compatibility. The subject property complies with the minimum setbacks and development standards. The project is in conformance with the provisions of the Area Plan Sec. 2.3, History and Development. Considerations of issues of conflicting land use, proper soils adequate for intended use, availability of infrastructure, and the need for buffer areas from agricultural operations and other critical resources. The proposed project does not have conflicting land use and is outside of buffer areas. 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. There are no violations of Chapters 5, 17, 21, 23, or 26 of the Lake County Code on this property. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. This application meets the following Development Standards, General Requirements and Restrictions as specified within Article 27.11(at) of the Lake County Zoning Ordinance. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). The applicant has passed 'live scan' background check and is qualified to apply for this permit. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-29) for Major Use Permit (UP 20-26) 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. 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 Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1. 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-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-7. 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 through 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 can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2. 10. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-4. B. Approve Major Use Permit (UP 20-26) 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). Sample Motions: Mitigated Negative Declaration 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 20-29) for the property located at 2507 and 2515 Clover Valley Road, Upper Lake, (APNs: 004-017-07 and 10), and will not have a significant effect on the environment, and that the Planning Commission adopt Initial Study (IS 20-29) based on the findings listed in the Staff Report, dated April 27, 2023. Major Use Permit (UP 20-26) I move that the Planning Commission grant the Major Use Permit (UP 20-26) for CC Ranch Enterprises (Forest Elie) on property located at 2507 and 2515 Clover Valley Road, Upper Lake, (APNs: 004-017-07 and 10), based on the findings and subject to the conditions included in the Staff Report, dated April 27, 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.