Planning Commission — Thursday, October 13, 2022

Memorandum ' Item #6a 9:05 a.m. October 13, 2022 (Continued from September 22, 2022) STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Eric Porter, Associate Planner DATE: October 13, 2022 RE: DNA Ridge Rock Mine Extension - Extension of Use Permit (UPM 22-01) of Use Permit (UP 03-04). Location: 8359 and 8400 S. Highway 29, Lower Lake (APNs: 011-069-12 and 13) ATTACHMENTS: 1. Vicinity Map 2. Submitted Material and Correspondence 3. Conditions of Approval for UP 03-04 I. EXECUTIVE SUMMARY The applicant is requesting approval for an extension to an existing mine at the location stated below. The original Planning Commission approval occurred on October 9, 2003. If the mine reclamation activity has not concluded at the end of the original approval period (October 9, 2023) the Conditions of Approval allow for extensions if approved by the Planning Commission. Staff is recommending approval of a twenty-year extension of UP 03-04. A modification to the project was submitted in 2021 (MMU 21-03) and is still under review. The modification, if approved, would allow up to 100,000 cubic yards of material to be taken from the site per year for larger jobs. The original amount of exported material had a maximum of 15,000 cubic yards per year. The modification also would allow for expanded mine operation time; from between 8:00 a.m. and 5:00 pm Monday through Sunday each week; to 24 hour mining operation. There are no violations associated with this permitted mine. II. RECOMMENDATION Staff recommends that the Planning Commission take the following actions pertaining to this request for a twenty year extension: A. Approve a twenty-year Extension of Time (UPM 22-01) for Use Permit (UP 03-04) with the following findings: 1. That there have been no changes to the requirements to establish the uses proposed within the DNA Ridge Rock mine between the time of original approval and the date of this extension. 2. That there have been no changes to the General Plan or to the Lower Lake Area Plan that would otherwise affect this extension in a manner that would create a non-conforming use. 3. That there have been no changes to the scope of the project between the original approval date and the date of this extension. 4. That the project is in substantial conformance with the originally-approved project under file no. UP 03-04. 5. There are no open violations on this site. SAMPLE MOTION I move that the Planning Commission find that the Use Permit Extension (UPM 22-01) applied for by DNA Ridge Rock on property located at 8350 and 8400 Highway 29, Lower Lake, further described as APNs 011-069-12 and 011-069-13 meets the requirements of Articles 7 and 27, Table B of the Lake County Zoning Ordinance. I therefore recommend that the Planning Commission approval of Use Permit extension, (UPM 22-01), be granted, and shall extend the use permit UP 03-04 for a period of twenty years subject to the original conditions (Attachment 3), and with the findings listed in the Staff Report dated October 13, 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'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 Item #6b 9:10 AM October 13th, 2022 TO: Planning Commission FROM: Mireya G. Turner, Community Development Director Prepared by: LACO Associates CDD Contact: Andrew Amelung, Cannabis Program Manager DATE OF REPORT: October 13, 2022 RE: Consideration of proposed Major Use Permit (UP 20-90) and draft Initial Study (IS 20-109), for development of outdoor cannabis cultivation. Cresta Properties, LLC is seeking discretionary approval from Lake County for a for a total of 51,500 square feet (sq. ft.) of mixed light canopy area 6267 Kelsey Creek Drive and 6245 Gold Dust Drive, Kelseyville (APN 007-013-23, 007-013-22) 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 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, further described as Assessor Parcel Numbers (APNs): 007-013-23 (21.1 acres), and 007-013-22 (37.7 acres). 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 1.8 acres of cultivation canopy area (51,500 SF). The proposed cultivation activities would consist of outdoor 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 and the adoption of a Mitigated Negative Declaration based on the environmental analysis (IS 20-109) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. Figure 1 - Vicinity Map 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: 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, 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 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 October 13, 2022. Major Use Permit (UP 20-90): I move that the Planning Commission grant the 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 , based on the findings and subject to the conditions listed in the staff report dated October 13, 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.