Planning Commission — Thursday, January 26, 2023

Memorandum Item # 7a 9:05 A.M. January 26, 2023 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Trish Turner, Assistant Planner DATE: December 15, 2022 RE: Consideration of Proposed General Plan Conformity Determination (GPC 22-13) and Categorical Exemption (CE 22-66) for vacating a portion of Roberts Road (APN 013-054-02); Applicant: Rich and Sheri Lacy. ATTACHMENTS: 1. Vicinity Map 2. Plat of Road Abandonment 3. Plat of Road Dedication 4. New Easement Legal Description (Draft) 5. Department of Public Works Application 6. Site Visit Photos 7. Agency Comments I. EXECUTIVE SUMMARY Applicants Rich and Sheri Lacy propose to vacate a portion of Roberts Road which is located in Middletown in order to dedicate the new portion of road in a different location. The portion of Roberts Road to be vacated is approximately 0.25 mile in length. The applicant owns the parcel (APN 013-054-02) in which the portion of the road to be vacated and the portion of the new road to be dedicated are located. According to the applicant, the reason for the vacation is due to the road being very narrow, two cars cannot drive it at the same time, causing a hazard during fire season. Roberts Road serves ten property owners accessing their properties. A new road was built by the applicant to be offered for dedication as a public easement for the neighbors and for public utilities access. II. RECOMMENDATIONS Staff recommends that the Planning Commission find the request for the vacation of a portion of Roberts Road, is in conformance with the Lake County General Plan, based on the following findings: 1) This project has been found to be consistent with the Lake County General Plan: a) General Plan, Chapter 5 - Public Facilities & Services b) General Plan, Chapter 6 - Transportation & Circulation 2) This project has been found to be consistent with the Middletown Area Plan a) Middletown Area Plan, Chapter 5.3 - Networks, Streets and Highways SAMPLE MOTIONS Categorical Exemptions Approval I move that the Planning Commission find that a determination that the proposed road vacation is in conformance with the General Plan is exempted from CEQA because it falls within the Categorical Exemption (CE 22-66) Section 15061 (b) (3): The activity is covered by the common sense exemption that CEQA applies only projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. General Plan of Conformity Approval I move that the Planning Commission find that the General Plan of Conformity (GPC 22-13) for the vacation of a portion of Roberts Road as proposed by the applicant is in conformity with the Lake County General Plan.

Memorandum Item #7b 9:10 AM January 26, 2023 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Director Eric Porter, Associate Planner SUBJECT: Consideration of Proposed Use Permit (UP 21-46), Development Review (DR 22-10), and Initial Study (IS 21-49) to allow the construction of a 2,100 sq. ft. community club building, one (1) 2,700 sq. ft. Caretaker's Unit, and One (1) 1,416 sq. ft. Commercial Accessory Dwelling Unit on a 2.23 acre lot located at 12395 Highway 175, Loch Lomond (APN: 011-067-48) ATTACHMENTS: 1. Vicinity Map 2. Proposed Conditions of Approval 3. Site and Landscape Plan, Floor Plans, Building Elevations, Topographical Survey Map 4. Agency comments EXECUTIVE SUMMARY Major Use Permit (UP 21-46), Development Review (DR 22-10) and Initial Study (IS 21-49) to allow the construction of a 2,100 sq. ft. community club building, one (1) Caretaker's Unit, and one (1) Commercial Accessory Dwelling Unit on a 2.23 acre lot Previous buildings on the site included a lodge, bar, gas station and cabins, all of which were destroyed in a fire in 1969. An existing single-wall underground fuel storage tank will be removed prior to occupancy of the new buildings. Construction would include roads, parking, and septic systems. Water service would come from the Cobb Area Water District. A fire hydrant is located near the parcel. The site would be accessed from State Highway 175 and includes 18 parking spaces and two ADA spaces according to the application material submitted. Figure 1 - Site Plan Source: Materials Submitted by Applicant II. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Declaration IS 21-49 for Major Use Permit UP 21-46 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-3. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 and BIO-2. 4. 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. 5. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 and NOI-2. 6. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measure WILD-1. 7. All potential environmental impacts can be mitigated to less than significant levels with the inclusion of mitigation measures. B. Approve Use Permit UP 21-46 with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 4. That there are adequate public or private services, including but not limited to fire protection, water, supply, sewage disposal, and police protection to serve the project. 5. That the project is in conformance with the applicable provisions and policies of this Code, the General Plan and any approved zoning or land use plan. 6. That no violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the property. C. Approve Development Review (DR 22-10) with the following findings: 1. That the proposed use is a permitted use in the district where located. 2. That the site for the project is adequate in size, shape, location, and physical characteristics to accommodate the type of use and level of development proposed. 3. That there are adequate public or private services, including but not limited to fire protection, water supply, and sewage disposal. 4. That the project is in conformance with the applicable provisions and policies of this Chapter, the Lake County General Plan and any approved zoning or land use study or plan. 5. That the streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the specific proposed use. 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. 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 21-49) submitted by Dan Zamberlin for the property located at 12395 Highway 175, Loch Lomond (APN: 011-067-48) will not have a significant impact on the environment, and that the Planning Commission adopt Initial Study (IS 21-49) with the findings set forth in the Staff Report dated January 26, 2023. Major Use Permit (UP 21-46) I move that the Planning Commission find that the Major Use Permit (UP 21-46) applied for by Dan Zamberlin on property located at 12395 Highway 175, Loch Lomond (APN: 011-067-48) does meet the requirements of �27.11, Table B; �15, �41 and �51.4 of the Lake County Zoning Ordinance, and the Major Use Permit be granted based on the findings and subject to conditions included in the staff report dated January 26, 2023. Development Review Approval: I move that the Planning Commission find that the Development Review application (DR 22-10) applied for by Dan Zamberlin on property located at 12395 Highway 175, Loch Lomond (APN: 011-067-48) does meet the requirements of �56.5 of the Lake County Zoning Ordinance, and Development Review be granted subject to the conditions and with the findings listed in the Staff Report dated January 26, 2023. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission's decision, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fee must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Planning Commission's final determination.

Memorandum STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Department DATE: January 26, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-88) and Mitigated Negative Declaration (IS 20-104) for Wildcat Farmz (Wildcat Farmz, Inc.) approval of 140,409 sf of outdoor and mixed light cannabis canopy area located at 9275 Antler Hill Dr., 7648, 7644, 7640, 7638, 7636, 7606, 7616, 7626 Harrington Flat Rd., Kelseyville (APNs: 011-019-23, 011-019-01, -09, -14, -15, and 011-020-03, -26, -27, -28) ATTACHMENTS: 1. Project Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study 5. Mitigation Monitoring Reporting Program 6. Hydrology Report 7. Drought Management Plan 8. Water Availability Analysis 9. Agency Comments 10. Public Comments EXECUTIVE SUMMARY Wildcat Farmz is seeking a Major Use Permit from the County of Lake, for a proposed commercial cannabis cultivation operation at 9275 Antler Hill Dr. and 7648, 7644, 7640, 7638, 7636, 7606, 7616, 7626 Harrington Flat Rd. Kelseyville, CA 95451. All commercial cannabis cultivation activities would occur at 9275 Antler Hill Dr. Kelseyville, further described as Assessor Parcel Numbers: 011-019-23, with the remaining parcels utilized for clustering/combining the acreage. The total acreage of all parcels is 94.24 and the parcel with cultivation is 53.8 acres. The proposed commercial cannabis cultivation operation would include two (2) A-Type 3 "Outdoor" Licenses and one (1) Type 3B Mixed-Light License and one (1) Type 13 Self-Transport Distribution License, totaling 51,564 sf of cannabis canopy area. The project parcels were previously used as a vineyard implemented by the former owner. The vines have been removed at the base, and the roots have remained intact. FIGURE 1 - VICINITY MAP II. RECOMMENDATIONS Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-104) for Major Use Permit (UP 20-88) 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 measure BIO-1. 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 Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-3 and HYD-1. 5. Potential environmental impacts related to Hazards and Hazardous Materials can be mitigated to less than significant levels with the inclusion of mitigation measure 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 and GEO-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-3. 8. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measure HAZ-1. B. Conditionally approve Major Use Permit UP 20-88 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 Mountain 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 mitigations within the Mitigated Negative Declaration (IS 20-104), for Wildcat Farmz (Wildcat Farmz, Inc.) for the property located at 9275 Antler Hill Dr., and 7648, 7644, 7640, 7638, 7636, 7606, 7616, 7626 Harrington Flat Rd., Kelseyville, (APNs: 011-019-23, 011-019-01, 011-019-09, 011-019-14, 011-019-15, 011-020-03, 011-020-26, 011-020-27, 011-020-28), and will not have a significant effect on the environment, and that the Planning Commission adopt Initial Study (IS 20-104) with the findings listed in the staff report, dated January 26, 2023. Major Use Permit (UP 20-32) I move that the Planning Commission approve the Major Use Permit (UP 20-88) applied for by Wildcat Farmz (Wildcat Farmz, Inc.) on property located at 9275 Antler Hill Dr. and 7648, 7644, 7640, 7638, 7636, 7606, 7616, 7626 Harrington Flat Rd., Kelseyville, (APNs: 011-019-23, 011-019-01, 011-019-09, 011-019-14, 011-019-15, 011-020-03, 011-020-26, 011-020-27, 011-020-28) based on the findings and subject to the conditions included in the staff report dated January 26, 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, Director DATE: January 26, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-32) and Mitigated Negative Declaration (IS 20-38) for J Grade Organics (Anthony Herrera) approval of 50,972 sf outdoor area located at 22052 and 22066 Jerusalem Grade Road, Middletown (APN: 013-013-29 and 013-013-39) ATTACHMENTS: 1. Project Site Plans 2. Draft Conditions of Approval 3. Property Management Plan 4. Initial Study 5. Mitigation Monitoring and Reporting Program 6. Hydrology Report and Drought Management Plan 7. Agency Comments EXECUTIVE SUMMARY Applicant J Grade Organics (JGO) has applied for a Major Use Permit (UP 20-32) for a proposed commercial cannabis cultivation operation located at 22052 and 22066 Jerusalem Grade Road, Lower Lake, CA (APNs: 013-013-29&-39). The total acreage of the parcels is approximately 36.78 acres. The parcels are located approximately 3.82 miles (20,165.5 feet) east of Highway 29. Additionally, the cultivation site is located approximately 2.1 miles (10,567 feet) from the nearest Community Growth Boundary. All commercial cannabis cultivation activities would occur at 22066 Jerusalem Grade Road (APN: 013-013-39). The adjacent parcel, located at 22052 Jerusalem Grade Road (APN: 013-013-29), would be used to add to the overall land area required for the licenses requested. The proposed licenses consist of one (1) A-Type 3 "Medium Outdoor" cultivation areas, three (3) A Type 1C "Specialty Cottage" cultivation area totaling 72,310 square feet (sf) of cultivation area with a total of 50,972 sf of canopy area. The applicant has also applied for one (1) Type 13 Self-Distribution license. 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 20-38) for Major Use Permit (UP 20-32) 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) can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-2. 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 measures GEO-1 through GEO-3. 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-5. 7. Potential environmental impacts related to (Hydrology and Water Quality) can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-3. 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 (Transportation) can be mitigated to less than significant levels with the inclusion of mitigation measure TRANS-1. 11. Potential environmental impacts related to (Wildfire) can be mitigated to less than significant levels with the inclusion of mitigation measure TRANS-1. B. Approve Major Use Permit UP 20-32 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 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 mitigations included in the Mitigated Negative Declaration IS 20-38 for J Grade Organics (Anthony Herrera) for the property located at 22052 and 22066 Jerusalem Grade Road, Middletown, (APNs: 013-013-29 and 013-013-39), and will not have a significant effect on the environment, and that the Planning Commission adopt Initial Study (IS 20-38) with the findings listed in the staff report, dated January 26, 2023. Major Use Permit (UP 20-32) I move that the Planning Commission grant the Major Use Permit UP 20-32 for J Grade Organics (Anthony Herrera) on property located at 22052 and 22066 Jerusalem Grade Road, Middletown, (APNs: 013-013-29 and 013-013-39) based on the findings and subject to the conditions included in the staff report, dated January 26, 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.