Planning Commission — Thursday, March 23, 2023

The Planning Commission is requested to review the 2022 Housing Element Annual Progress Report (APR) prepared by County Staff, prior to submittal to the Department of California Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR).

Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California's local governments meet this requirement by adopting housing plans (aka housing elements) as part of their "general plan" (also required by the state). General plans serve as the local government's "blueprint" for how the city and/or county will grow and develop and include eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing. Each jurisdiction (city council or board of supervisors) must prepare an annual progress report (APR) on the jurisdiction's status and progress in implementing its housing element using forms and definitions adopted by the California Department of Housing and Community Development (HCD). (Government Code Section 65400.) Each jurisdiction's APR must be submitted to HCD and the Governor's Office of Planning and Research (OPR) by April 1 of each year (covering the previous calendar year). The 2022 APR consists of a spreadsheet template created by the HCD to capture housing activity and the County of Lake's progress. The APR report includes the following tables: * Housing development applications submitted; * Annual building activity reports for new housing units; * Regional Housing Needs Allocation (RHNA) progress; * Sites identified or rezoned to accommodate shortfall housing need and no net loss law; * Housing Element program implementation status; * Commercial development bonus approved; * Units rehabilitated, preserved and acquired for alternative adequate sites; * Above moderate-income units converted to moderate income; * Locally owned lands included in the Housing Element Sites inventory that have been sold, leased, or otherwise disposed of; * Locally owned Surplus Sites; * Units constructed pursuant to Senate Bill 9; * Student housing developed for lower income students for which a density bonus was granted; In summary, the County issued Building Permits for 18 Single Family Residences, 18 Manufactured Residences, 7 Accessory Dwelling Units, and one Multi-Family Apartment Complex.

This item is informational only. No action is required.

On September 27, 2022, the Board of Supervisors adopted a Resolution of Intent to initiate a Zoning Ordinance Amendment regulating agriculture-related structures, mitigation fees, and temporary building types. They requested the draft ordinance be considered by the Cannabis Task Force, Agriculture Advisory Board, and Planning Commission; and returned to them with recommendations. The Cannabis Task Force approved recommendations at their February 7, 2023 meeting. The Agriculture Advisory Board met on February 27, 2023 for discussion. The Resolution of Intent with the proposed draft ordinance wording is included as Attachment 1.

The recommendations from the Cannabis Ordinance Task Force are as follows: Section 5-6.24 of Chapter 5 Ag. Exempt Structures 1. Propose no change to the definition of Ag. Exempt structures. Electrical would only be allowed with a building permit. Cannabis permittees would qualify to use these structures within the already established "Ag. Exempt Structure" definitions. Section 5-6.25 of Chapter 5 Temporary Ag Structures 2. Change title to "Temporary Hoops for Cultivation" for these structures. 3. Add wording that these Temporary Hoops for Cultivation would be exempted from the building permit process if the structures met the listed criteria. 4. Specify the method of anchoring the Temporary Hoops for Cultivation into the ground and include a section on the Use Permit application for this information. 5. Require conformance to California Public Resources Code Section 4290 and 4291, as pertaining to Agricultural Standards, for temporary drying structures (per RES 2019-124). 6. Require that generator rules be consistent for all cannabis-related permits in the Lake County Code, and with the version of the Fire Code in effect at the time of submission of permit application. 7. Require that adherence to Department of Cannabis Control (DCC) guidelines for Temporary Hoops for Cultivation be apparent at application submission. 8. Section 3: Change title to "Temporary Structures for Cannabis Drying". 9. No comment regarding Hoop Houses. 10. In Tents: Clarify that loads are not to be added to the actual hoop or tent structure, but rather are located on an internal load-bearing frame, or on a separate structure within the hoop or tent structure. 11. Allow shipping containers as an accessory agricultural use coupled with a temporary drying use, sun setting the drying use to three years after the permit's issuance. 12. Size: Limit the total square footage of the Temporary Cannabis Drying Structures to 10% of the project's total canopy area. Additional Cannabis Task Force Recommendations to the Board of Supervisors include: 13. Require the conveyance of the project site plan to the responsible fire district before commencement of project operations. Physically locate the site plans on site in a Knox Box or other area where they may be easily accessed/viewed, and advise the Fire Districts of the on-site Site Plan's location. 14. Clarify that responsibility for issuance of permits remains with the Community Development Department. At their meeting on February 27, 2023, the Agriculture Advisory Board agreed with the Recommendations 1 and 13. And further recommended a focus on public safety.

Staff requests the Planning Commission provide recommendations regarding the draft ordinance for agriculture-related and temporary structures for outdoor commercial cannabis cultivation.