Planning Commission — Thursday, November 17, 2022

' Item #6a 9:05 AM November 17, 2022 TO: Planning Commission FROM: Mireya Turner, Community Development Director Laura Hall, Senior Planner DATE: November 17, 2022 RE: Consideration of Proposed Use Permit Extension UPX 22-03 for Use Permit UP 93-16 (Previously Use Permit UP 92-8); and Categorical Exemption CE 22-41; Applicant: Geysers Power Company, LLC; Location: 9010 Socrates Mine Road, Middletown (APN 013-004-15) ATTACHMENTS: 1. Aerial Map 2. Amended Use Permit 93-16 3. Calistoga Steamfield Unit-19 Fieldwide Wellmap 4. Site Photos I. EXECUTIVE SUMMARY Applicant Geysers Power Company, LLC proposes its continued existing use of the Unit 19 geothermal steamfield, consistent with its current and historical permitted uses, under Use Permit UP 93-16 on APN 013-004-15 (formerly four APNs) for 30 more years from the date of approval. Project facilities currently include steamfield access roads; steam, recycled water, and condensate pipelines; and related geothermal wells and facilities. Existing sump facilities will continue to be utilized for disposal of non-hazardous drill cuttings and are permitted by various local, state, and federal agencies, as appropriate. No changes and/or expansion of the authorized uses for the production of geothermal resources from lease holdings on approximately 710 acres near the Lake-Sonoma County line is proposed for this extension. This Use Permit Extension request is associated with the Calistoga Steamfield Unit 19, the associated power plant is licensed by the California Energy Commission. II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt Categorical Exemption, Class 1 (CE 22-41) for Use Permit Extension UPX 22-03 with the following findings: 1. This time extension is for an existing use permit to allow continued operation of an existing geothermal steamfield known as Unit 19. There will be no changes and/or expansion of the authorized use and the applicant shall adhere to the conditions of approval. 2. This project is consistent with CEQA Categorical Exemption, Class 1, which specifies the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. 3. This project remains consistent with the Lake County General Plan, Middletown Area Plan and the Lake County Zoning Ordinance. 4. There has been no change in the project which would create new significant environmental impacts. 5. This project is consistent with land uses in the vicinity. 6. This project will not result in any significant adverse environmental impacts. B. Approve the request for a "Life of the Project" Extension of Time UPX 22-03 for Use Permit UP 81-37. 1. This project will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the area of the 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, location, 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 the Lake County Zoning Ordinance. 6. No violation of Chapters 5, 17, 21, 23 or 26 of the Lake County Code currently exists on the properties. III. SAMPLE MOTIONS Categorical Exemption I move that the Planning Commission find that the Use Permit Extension UPX 22-03 applied by Geysers Power Company, LLC on property located at 9010 Socrates Mine Road, in Middletown, CA, on Sections 16, 21, & 22, T11N, R8W, further described as 013-004-15 is exempt from CEQA because it falls within Categorical Exemption Class 1, based on the findings set forth in the Staff Report dated November 17, 2022. Use Permit Extension I move that the Planning Commission find that Use Permit Extension UPX 22-03 applied for by Geysers Power Company, LLC on property located at 9010 Socrates Mine Road, in Middletown, CA, on Sections 16, 21, & 22, T11N, R8W, further described as 013-004-15 does meet the requirements of Section 51.4(a) of the Lake County Zoning Ordinance and that the Planning Commission has reviewed and considered the Categorical Exemption CE 22-41 and the Use Permit Extension UPX 22-03 be granted subject to the conditions and with the findings listed in the Staff Report dated November 17, 2022. 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 calendar day following the Commission's final determination Reviewed By: Mireya Turner, Community Development Director Use Permit Extension UPX 22-03; CE 22-41 Page 1 of 8

Memorandum Staff Report Item #6b 9:10 a.m. November 17, 2022 (Continued from 10-27-22) TO: Planning Commission FROM: Mireya G. Turner, Director Prepared by LACO Associates Planner: Andrew Amelung, Cannabis Program Manager DATE OF REPORT: November 17, 2022 RE: Consideration of Proposed Major Use Permit (UP 21-09) and Draft Initial Study (IS 21-09) for outdoor commercial cannabis cultivation at 21080 Loconomi Road, Middletown (APN 014-140-12): Applicant: Loco Farms, Inc. ATTACHMENTS: 1 Property Management Plan 2 Project Site Plans 3 Draft Conditions of Approval 4 Initial Study 5 Mitigation, Monitoring and Reporting Program 6 Biological Assessment 7 Hydrology Report 8 Drought Management Plan 9 Agency and Public Comments I. EXECUTIVE SUMMARY The applicant, Loco Farms, Inc. (LF), is seeking discretionary approval for a Major Use Permit (UP 21-09) for cannabis cultivation, for a total of 43,560 square feet (sf) of outdoor canopy area and a total of 47,330 sf of cultivation area at 21080 Loconomi Road, Middletown (APN 014-140-12). The adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 21-09) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. Staff recommends approval of Major Use Permit (UP 21-09) Figure 1: Vicinity Map II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 21-09) for Major Use Permit (UP 21-09) with the following findings found below: 1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measure AES-1. 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-4. 4. Potential environmental impacts related to Cultural and Tribal resources can be mitigated to less than significant levels with the inclusion of Mitigation Measures CUL1 and CUL-2. 5. Potential energy impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measure EN-1. 6. Potential wildfire impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measures from above GEO-5 Through GEO-6. 7. Potential hydrological impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measure HYD-1. 8. Potential hazards and hazardous materials impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measures HAZ-1 through HAZ-8. 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, Middletown 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 21-09 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, 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 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 21-09) prepared for Loco Farms, Inc. for the property located at 21080 Loconomi Road, Middletown, CA, further described as APN: 014-140-12 will not have a significant effect on the environment and therefore a determination of a Mitigated Negative Declaration with the accompanying Mitigation Monitoring and Reporting Program (MMRP) shall be approved with the findings listed in the staff report dated November 17, 2022. Major Use Permit (UP 21-09) I move that the Planning Commission find that Major Use Permit (UP 21-09) applied for by Loco Farms, Inc. for the property located at 21080 Loconomi Road , Middletown, further described as APN: 014-140-12 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 with the amended site plan and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated November 17, 2022. 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. III.