Planning Commission — Thursday, September 22, 2022

Memorandum ' Item #1 9:05 AM September 22, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Laura Hall, Senior Planner DATE: September 22, 2022 RE: Spring Valley Lake (CSA-2), Water Supply Improvement Project, General Plan Conformity (GPC 22-07); Categorical Exemption (CE 22-30) Supervisor District 1, Jessica Pyska ATTACHMENTS: 1. Aerial Map 2. Regional Map 3. Drought Proclamations I. EXECUTIVE SUMMARY The applicant Spring Valley Lake, County Service Area, 21 (Special Districts) has identified six potential groundwater well locations. Special Districts is proposing the exploration of these sites, for testing to determine the quality and quantity of water for each location. Once the well site is identified; that parcel will be acquired and a well will be constructed, for a redundant water source. The proposed project will ensure the redundancy of water during droughts emergencies for the Spring Valley Lake Community. The project will provide drought resilience in a small, isolated community which is prone to wildfires. II. RECOMMENDATIONS The Planning Commission, after reviewing the agenda report and receiving evidence at the public meeting, finds that the location, purpose, and extent of the proposed groundwater well, located on 1490, 1710, 1480, 1470, 1460, 1410, all along New Long Valley Road in Clearlake Oaks, CA 95423 is in conformance with the County of Lake General Plan pursuant to California Government Code Section 65402. SAMPLE MOTIONS Categorical Exemption Approval A. I move that the Planning Commission finds that the analysis of consistency of groundwater well project is in conformity with the Lake County General Plan is not subject to CEQA because it falls within California Code of Regulations Title 14, Chapter 3, Section 15269(c) (specific actions necessary to prevent or mitigate an emergency) based on the Emergency Drought Proclamations declared by Governor Gavin Newsom signed into effect on: April 12, 2021, May 10, 2021, July 8, 2021, October 19, 2021, and March 28, 2022. General Plan Conformity Report B. I move that the Planning Commission find that, as proposed by Special Districts, the proposed groundwater well project is in conformity with the Lake County General Plan. NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven calendar day appeal period. If there is a disagreement with the Planning Commission's recommendation, 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.

Memorandum ' Item #2 9:10 a.m. September 22, 2022 STAFF REPORT TO: Planning Commission FROM: Mireya Turner, Community Development Director Eric Porter, Associate Planner DATE: September 22, 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 & 2009 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 approved in 2021 (MMU 21-03), allowing 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 allowed 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 approve Use Permit extension, file number 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 September 22, 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 TO: Planning Commission FROM: Mireya G. Turner, Interim Community Development Director Prepared by: LACO Associates Planner: Andrew Amelung, Cannabis Program Manager DATE OF REPORT: September 22, 2022 RE: Consideration of proposed Major Use Permit (UP 20-61) and draft Initial Study (IS 20-62), for development of outdoor cannabis cultivation; Applicant: Pura Vineyards, Inc.; Location: 6700, 6800, 6900 Wilkinson Road, Kelseyville (APNs 007-018-02, 007-018-04, 007-018-11, 007-029-04 & 05) ATTACHMENTS: 1 Project Site Plans 2 Property Management Plan 3 Proposed Conditions of Approval 4 Initial Study/Mitigated Negative Declaration 5 Hydrology Report prepared by REALM Engineering dated September 21, 2021 6 Biological Resources Assessment 7 Tribal and Agency Comments Received 1 I. EXECUTIVE SUMMARY The applicant, Pura Vineyards, Inc. (PV), requests approval of a Major Use Permit for Commercial Cannabis Cultivation located at 6700, 6800, 6900 Wilkinson Road, Kelseyville, further described as Assessor's Parcel Numbers (APNs): 007-018-02 (60.7 acres), 007-018-04 (59.09 assessed acres), 007-018-11 (115.46 assessed acres), 007- 029-04 (19.84 assessed acres), 007-029-05 (59.39 assessed acres). The combined project area is approximately 314.5 acres and is zoned "RL" for Rural Lands. 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, PV requests 15 acres of total cultivation canopy area (653,400 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 15.25 acres of existing vines. Staff recommends approval of Major Use Permit (UP 20-61) and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 20-61) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. Figure 1: Project Location 1. II. EXECUTIVE SUMMARY The applicant, Pura Vineyards, Inc. (PV), requests approval of a Major Use Permit for Commercial Cannabis Cultivation located at 6700, 6800, 6900 Wilkinson Road, Kelseyville, further described as Assessor's Parcel Numbers (APNs): 007-018-02 (60.7 acres), 007-018-04 (59.09 assessed acres), 007-018-11 (115.46 assessed acres), 007- 029-04 (19.84 assessed acres), 007-029-05 (59.39 assessed acres). The combined project area is approximately 314.5 acres and is zoned "RL" for Rural Lands. 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, PV requests 15 acres of total cultivation canopy area (653,400 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 15.25 acres of existing vines. Staff recommends approval of Major Use Permit (UP 20-61) and the adoption of a Mitigated Negative Determination based on the environmental analysis (Initial Study, IS 20-61) with the adoption of the incorporated Mitigation Measures, Mitigation Monitoring Reporting Program (MMRP), and Conditions of Approval. Figure 1: Project Location III. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 20-61) for Major Use Permit (UP 20-61) with the following findings found in Attachment 4: 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-9 3. 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-3. 4. Potential geology and soils can be mitigated to less than significant levels with the inclusion of Mitigation Measure GEO-1. 5. 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. 6. Potential noise impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measures NOI-1 through NOI-3. 7. Potential wildfire impacts can be mitigated to less than significant levels with the inclusion of Mitigation Measures WF-1 through WF-3. 8. This project is consistent with land uses in the vicinity. 9. This project is consistent with the Lake County General Plan, Kelseyville Communities Area Plan, and Zoning Ordinance. 10. 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. 11. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-61 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, and 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 2061) prepared for Pura Vineyards, Inc. for the property located at 6700, 6800, 6900 Wilkinson Road , Kelseyville, further described as APNs: 007-018-02, 007-018-04, 007- 018-11, 007-029-04 and 007-029-05 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 September 22, 2022. Major Use Permit (UP 20-61) I move that the Planning Commission find that Major Use Permit (UP 20-61) applied for by Pura Vineyards, Inc. for the property located at 6700, 6800, 6900 Wilkinson Road , Kelseyville, further described as APNs: 007-018-02, 007-018-04, 007-018-11, 007-029- 04 and 007-029-05 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 September 22, 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