Planning Commission — Thursday, February 9, 2023

Memorandum STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department DATE: February 9, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 21-16) and Mitigated Negative Declaration (IS 21-17) for Pacific Cann, Inc. for approval of Outdoor and Mixed Light Commercial Cannabis Cultivation (72,000 sf) located at 9141, 9261 and 9300 Highway 175, Kelseyville (APN: 011-060-01 and 03; 011-018-05 and 06) 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. Oak Mitigation Plan 7. Visibility Survey 8. Agency Comments 9. Public Comments EXECUTIVE SUMMARY Pacific Cann, Inc., requests a Major Use Permit for commercial cannabis cultivation located on 9141, 9261 and 9300 Highway 175, Kelseyville, (APNs 011-060-01, and 03; 011-018-05). The project includes three (3) A-Type 2B "Small Mixed-Light," one (1) Type 3 "Medium Outdoor," one (1) A-Type 13 Distributor Transport Only Self-Distribution license. The project includes 58,320 square feet (sf) of outdoor cultivation area with 42,000 sf of cannabis canopy, and 36,864 sf of mixed light cultivation area with 30,000 sf of mixed light canopy area, totaling 95,184 sf of cultivation area and 72,000 sf of canopy area. Additionally, the proposed project includes development of a 5,000-square-foot processing structure, and a 2,000-square-foot structure that used for housing a security center and pesticide & agricultural chemicals storage areas. All water for the proposed cultivation operation would come from an existing, onsite permitted groundwater well and a proposed groundwater well. The site is accessed from a private gravel surfaced access road that connects Wildcat Road and Highway 175 through the project parcel. The subject parcel is approximately 145.2 acres and is adequately sized for the cannabis licenses that are being proposed. Development of the proposed cultivation operation will result in the disturbance of approximately two acres of oak woodland habitat and will require the removal of 22 mature (+6" DBH) oak trees. FIGURE 1 - SITE PLANS FIGURE 2 - VICINITY MAP II. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 21-17) for Major Use Permit (UP 21-16) 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 and AES-2. 2. Potential environmental impacts related to Agriculture and Forestry Resources can be mitigated to less than significant levels with the inclusion of mitigation measures AFR-1 and AFR-4. 3. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, through AQ-9. 4. 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-5 and AFR-1 through AFR-4. 5. 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-3. 6. 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. 7. 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. 8. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-3 and BIO- 4, GEO-1 through GEO-4, HAZ-1 through HAZ 4, and HYD-1 through HYD-3. 9. 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. 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 21-16 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, Cobb 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 21-17) submitted by Pacific Cann (Pacific Cann, INC.) for the property located at 9141, 9261 and 9300 Highway 175, Kelseyville, (APNs: 011-060-01, 03 and 011-018-05), and that the Planning Commission adopt Initial Study (IS 21-17) with the findings listed in the staff report dated February 9, 2023. Major Use Permit (UP 20-32) I move that the Planning Commission approve the Major Use Permit (UP 21-16) applied for by Pacific Cann (Pacific Cann) on property located at 9141, 9261 and 9300 Highway 175, Kelseyville, (APNs: 011-060-01, 03 and 011-018-05), based on the findings and subject to the conditions included in the staff report dated February 9, 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.