Planning Commission — Thursday, January 12, 2023

Memorandum Item #6a 9:05 am January 12, 2023 (Continue from December 15, 2022) STAFF REPORT TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Prepared by: LACO Associates DATE: January 12, 2023 SUBJECT: Consideration of proposed Major Use Permit (UP 20-90) and Mitigated Negative Declaration (IS 20-109) for the development of a total of 51,500 square feet of mixed light canopy area located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville (APN: 007-013- 23, 007-013-22)[MT1] ATTACHMENTS: 1 Property Management Plan 2 Project Site Plans 3 Proposed Conditions of Approval 4 Initial Study/Mitigated Negative Declaration 5 Mitigation Monitoring Reporting Program (MMRP) 6 Hydrology Report 7 Drought Management Plan 8 Greenhouse Elevations 9 Tribal and Agency Comments Received 10 Public Comments Received I. EXECUTIVE SUMMARY On October 13, 2022, the Planning Commission heard Major Use Permit UP 20-19 for Cresta Properties, LLC. After Staff presentation and public comment, Staff requested that the Planning Commission continue the item to address inconsistencies found in the Staff Report. Because there were only three Planning Commissioners present at the hearing, any action taken by the Planning Commission needed to be unanimous. The Planning Commission was not able to reach a unanimous conclusion on whether to approve, deny, or continue the item. When the Planning Commission is unable to take action, the matter is automatically denied and appealed to the Board of Supervisors for public hearing, pursuant to Section 21-58.40 of the Lake County Zoning Ordinance. On November 8, the Board of Supervisors remanded the project back to the Planning Commission for decision. The applicant, Cresta Properties, LLC, requests approval of a Major Use Permit for commercial cannabis cultivation located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, (APN: 007-013-23, 007-013-22). The combined project area is approximately 58.8 Acres and is zoned "A-SC" for Agriculture-Scenic Combining District. The applicant's proposal includes the clustering of parcels as allowed by the County of Lake Zoning Ordinance, Article 27, Section 27.13(at).1.ii.(j). In total, Cresta requests 1.18 acres of cultivation canopy area (51,500 SF). The proposed cultivation activities would consist of mixed light cultivation and would comply with all applicable County of Lake, and California Department of Cannabis Control (DCC) guidelines. Cultivation would require removal of approximately 5.8 Acres of existing vines. Staff recommends approval of Major Use Permit, UP 20-90 upon receipt of an amended site plan, and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 20-109) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-109) for Major Use Permit (UP 20-90) with the following findings found in Attachment 5: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measure AES-1 through AES-2. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measures AQ-1 through AQ-7 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-3. 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-3. 5. Potential environmental impacts related to energy use can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-2. 6. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-3. 7. Potential hazards and hazardous materials impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-4. 8. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures GEO 1-3 and HAZ 1-5. 9. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Kelseyville Area Plan, and Zoning Ordinance. 12. 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. 13. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-90 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. 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 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 apply for the permit described in Chapter 21, Article 27, Section 1.ii.(g)(h). 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 Mitigated Negative Declaration (IS 20-109) prepared for Cresta Properties, LLC for the property located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, further described as APNs: 007-013-23 and 007-013-22 will not have a significant effect on the environment and therefore a Mitigated Negative Declaration shall be approved with the findings listed in the staff report dated January 12, 2023. Major Use Permit (UP 20-90) I move that the Planning Commission find that the amended Major Use Permit (UP 20-90) applied for by Cresta Properties, LLC on property located at 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville, further described as APNs: 007-013-23 and 007-013-22 does meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii(g), I (ii)] of the Lake County Zoning Ordinance and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated January 12, 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 fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination. [MT1]Revise to correct format

Memorandum ITEM #6b 9:15 a.m. January 12, 2023 (Continued from 12/15/22) STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Eric Porter, Associate Planner DATE: January 12, 2023 SUBJECT: Scotts Valley Band of Pomo Indians, Parcel Map (PM 22-02) and Initial Study (IS 22-39). Request to divide one �34 acre lot into four (4) �five-acre parcels zoned Rural Residential, and one (1) �14-acre remainder lot zoned Highway Commercial. Location: 7130 Red Hills Rd, Kelseyville. (APN: 009-021-07) ATTACHMENTS: 1. Vicinity Map 2. Agency Comments 3. Proposed Conditions 4. Parcel Map 5. Initial Study (IS 22-39) I. EXECUTIVE SUMMARY. The applicant seeks a four lot subdivision to create four 5+ acre lots on a split-zoned property, and one remainder lot of �14 acres. The affected area is a 20 acre portion of the 34 acre lot that is zoned "RR-SC", Rural Residential-Scenic Combining. The �14 acre remainder portion of the property is zoned "CH-DR", Highway Commercial-Design Review. An Initial Study has been prepared for this land division, and resulted in a Negative Declaration with no mitigation measures proposed due to lack of associated development. Recommendation. Adopt Initial Study (IS 22-39) and approve parcel map (PM 22-02). II. RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt the Initial Study (IS 22-39) with the following findings: 1. That this land division will not result in new environmental impacts. 2. Potential adequate water and septic systems shall be provided on parcels 1, 2 3 and 4 prior to development of these lots, and the applicant shall coordinate with Environmental Health to revise the map to accurately depict the locations of existing and future septic systems prior to map recordation. 3. This project is consistent with land uses in the vicinity. 4. This project is consistent with the County of Lake General Plan, Zoning Ordinance, Riviera Area Plan, and the Subdivision Ordinance. 5. This proposal is consistent with the California Subdivision Map Act. 6. The project will not result in impacts to fish and wildlife habitats. B. Approve PM 22-02 subject to conditions and with the following findings: 1. This project is consistent with the County of Lake General Plan, the Lake County Zoning Ordinance, the Riviera Area Plan, and Chapter 17 of the County Code (the Subdivision Ordinance). 2. This project is consistent with the California Subdivision Map Act. Sample Motions: Adoption of Initial Study I move that the Planning Commission find that on the basis of the Initial Study (IS 22-39), the parcel map by the Scotts Valley Band of Pomo Indians for property located at 7130 Red Hills Road, Kelseyville (APN 009-021-07), will not have a significant effect on the environment, and that a Negative Declaration be adopted with the findings listed in the staff report dated January 12, 2023. Tentative Parcel Map Approval I move that the Planning Commission approve the tentative parcel map (PM 22-02) submitted by the Scotts Valley Band of Pomo Indians for property located at 7130 Red Hills Road, Kelseyville (APN 009-021-07), is in conformance with the provisions of the Lake County General Plan, the Subdivision Map Act, Chapter 17 "Subdivisions" of the Lake County Code, and the Riviera Area Plan; and upon that basis, approve the tentative parcel map based on the findings and subject to the conditions listed in the staff report dated January 12, 2023. NOTE: The applicant or any interested person is reminded that the subdivision ordinance provides for a fifteen (15) 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 fifteenth calendar day following the Commission's final determination.