Planning Commission — Thursday, February 23, 2023

Memorandum STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department DATE: February 23, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 19-37) and Mitigated Negative Declaration (IS 19-57) applied by Travis Lisenbee for 42,500 sf of Outdoor Commercial Cannabis Cultivation; located at 26936 Jerusalem Grade, Middletown (APN: 013-017-69) ATTACHMENTS: 1. Project Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study 5. Hydrology Report and Drought Management Plan 6. Mitigation Monitoring and Reporting Program 7. Agency & Tribal Comments EXECUTIVE SUMMARY The applicant, Travis Lisenbee, applied for a Major Use Permit for a proposed commercial cannabis cultivation operation located at 26936 Jerusalem Grade, Middletown, on Assessor's Parcel Numbers (APN 013-017-69). The proposed operation would be composed of 42,500 sf outdoor cultivation area within one (1) fenced area and would include one (1) 120 sf Security Center, and one (1) 120 sf Pesticides & Agricultural Chemical Storage Area. The project includes the following licenses: one A-Type 3 "Medium Outdoor" cultivation, one Type 13 Distributor Transport Only, Self-Distribution license. All water for the proposed cultivation operation would come from two existing on-site groundwater wells with three plastic 3,000-gallon water storage tanks. The site is accessed by a shared private, gravel road that connects to Jerusalem Grade approximately 0.65 miles west-southwest of the subject parcel. Annual water demand is approximately 1.95 acre-feet (or 636,000 gallons). FIGURE 1 - VICINITY MAP II. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 19-57) for Major Use Permit (UP 19-37) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measure AES-1. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-6. 4. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2. 5. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measure GEO-1. 6. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8. 7. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1, BIO-1 through BIO-3, GEO-1, and HAZ-1 through HAZ-8. 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-2. 9. Potential environmental impacts related to Tribal Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2. 10. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WILDFIRE-1 through WILDFIRE-3. B. Approve Major Use Permit UP 19-37 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Middletown Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. 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 potential impacts associated with this project can be mitigated to 'less than significant' as shown in the Initial Study (IS 19-57) submitted by Travis Lisenbee for the property located at 26936 Jerusalem Grade Road, Middletown, (APNs: 013-017-69), will not have a significant effect on the environment, and that the Planning Commission adopt Initial Study (IS 19-57) with the findings listed in the staff report dated February 23, 2023. Major Use Permit (UP 20-32) I (further) move that the Planning Commission grant the Major Use Permit (UP 19-37), applied for by Travis Lisenbee, on property located at 26936 Jerusalem Grade Road, Middletown, CA, (APNs: 013-017-69), based on the findings and subject to the conditions included in the staff report dated February 23, 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.

Memorandum STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department DATE: February 23, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 21-29) and Mitigated Negative Declaration (IS 21-30) for approval of a cannabis processing facility by Jed Morris and Matt Primm located at 4280 Loasa Road, Kelseyville APN: 008-038-50 ATTACHMENTS: 1. Project Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study/MDN 5. Mitigation Monitoring Reporting Program 6. Hydrology Report & Drought Management Plan 7. Agency & Tribal Comments 8. Public Comments EXECUTIVE SUMMARY The applicant, Adobe Creek, LLC, requests a Major Use Permit to repurpose the Adobe Creek Packing Facilities located at 4820 Loasa Road in Kelseyville (APN: 008-038-50), for cannabis processing and self-distribution in accordance with the Lake County Zoning Ordinance. The project area is and is zoned "A-WW" for Agriculture-Waterway Combining District. A Class 1 stream is located on the edge of the property. The proposed processing operation would utilize the existing facilities of the Project Parcel, along with the addition of ten 320 sf modular frozen harvest storage units. The proposed processing operation would be composed of: � a 44,440 sf Drying and Office Building (Existing Building #1) � a 23,744 sf Processing, Packaging, and Harvest Storage Building (Existing Building #2) � a 25,300 sf Cold Storage Building (Existing Building #3) � a 24,250 sf Drying Building (Existing Building #4) � a 1,000 sf Maintenance Building (Existing Building #7) � a 2,325 sf Security Building (Existing Building #8), and � ten (10) 320 sf Frozen Harvest Storage Areas (proposed modular freezer units). Many existing site improvements would be utilized, including existing onsite employee parking areas, miscellaneous storage facilities, electrical supply/system, propane tank, and water and septic systems. The existing vineyards in the southern portion of the Project Parcel would be retained. New 6' tall chain link security fencing would be installed around the entire perimeter of the facility including along the Loasa Road frontage and around the north, east, south, and west sides of the existing buildings. Two new 24-foot wide gates would provide vehicular access to the Project Site. Metal tables, shelves, and racks would be installed within the existing buildings of the proposed processing operation, to be used for drying, processing, packaging, and harvest storage activities. No cannabis processing activities are proposed within 150 feet of a residence, or within 1,000 feet any youth-oriented facility. Staff recommends approval of Major Use Permit, UP 21-29 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (IS 21-30) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. FIGURE 1 - VICINITY MAP II. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 21-30) for Major Use Permit (UP 21-29) 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-4. 3. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2. 4. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-7. 5. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2. B. Approve Major Use Permit UP 21-29 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 7, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i). Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find that potential impacts associated with this project can be mitigated to 'less than significant' through the implementation of the Mitigated Negative Declaration (IS 21-30) for Adobe Creek Processing Facility (2CW Productions) for the property located at 4280 Loasa Road, Kelseyville Ca (APN: 008-038-50), will not have a significant effect on the environment, and that the Planning Commission adopt Initial Study (IS 21-30) based on the findings listed in the staff report dated February 23, 2023. Major Use Permit (UP 20-32) I move that the Planning Commission grant that the Major Use Permit (UP 21-29) applied for by (Adobe Creek Processing facility (2CW Productions, Inc.) on property located at 4280 Loasa Road, Kelseyville, Ca (APNs: 008-038-50), based on the findings and subject to the conditions included in the staff report dated February 23, 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.