Planning Commission — Thursday, August 11, 2022

Memorandum Item #1 9:05 a.m. July 14, 2022, continued to Aug. 25, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: August 11, 2022 SUBJECT: Valley Oaks, 'Village 2' Parcel Map (PM 21-31); Project Location: 18426 S. Highway 29, Middletown; APN: 014-260-51 Supervisorial District 1 ATTACHMENTS: 1. Agency Comments 2. Vicinity Map 3. Proposed Tentative Map Conditions 4. Proposed Tentative Parcel Map 5. Revised Tentative Subdivision map 6. Final Environmental Impact Report (FEIR) (available upon request) 7. Final Environmental Impact Report (FEIR) Addendum 8. Emergency Access Easement 9. Emergency Access Map Staff recommends that the Planning Commission make the following recommendation to the Board of Supervisors: A. Accept this project under the original FEIR and Addendum with the following findings: 1. That this land division is consistent with the original FEIR for Valley Oaks, and with the Addendum to the FEIR that was prepared in 2019 for the Grocery Outlet store. 2. Potential environmental impacts related to all categories of impacts as found in CEQA Table G resulting from this land division are less than significant, and there are no capacity or level-of-service issues with power, water, sewer or roads that will serve this project. 3. Potential water and sewer supply needs will be met for lots 1, 2 and 3 following development of these lots. 4. This project is consistent with land uses in the vicinity. 5. This project is consistent with the County of Lake General Plan, Zoning Ordinance, Middletown Area Plan, and the Subdivision Ordinance. 6. This proposal is consistent with the California Subdivision Map Act. 7. The project will not result in significant impacts to fish and wildlife habitats. 8. As mitigated, this project will result in less than significant environmental impacts. B. Approve PM 21-31 subject to conditions and with the following findings: 1. This project is consistent with the County of Lake General Plan, Zoning Ordinance, the Middletown Area Plan, and Chapter 17 of the County Code (the Subdivision Ordinance). 2. This project is consistent with the California Subdivision Map Act. 3. As mitigated, this project will result in less than significant environmental impacts and a mitigated negative declaration has been adopted. Sample Motions: A. Acceptance of Prior EIR and Addendum I move that the Planning Commission recommend that the Board of Supervisors find that on the basis of the FEIR adopted by the County for the Valley Oaks subdivision and on the subsequent Addendum to the EIR prepared by the Lake County Planning Department, the parcel map as applied for by Valley Oaks Partners, LLC / Keith Gapusan for property located at 18426 S. Highway 29, Middletown CA and identified as parcel number 014-260-51, and the mitigation measures which have been added to the project through prior subdivision, General Plan of Development review and Specific Plan of Development review, will not have a significant effect on the environment, and therefore, CEQA has been adequately addressed with the findings listed in the staff report dated August 11, 2022. B. Tentative Parcel Map Approval I move that the Planning Commission make a recommendation to the Board of Supervisors that the tentative parcel map PM 21-31 applied for by Valley Oaks Partners, LLC / Keith Gapusan on property located at 18426 S. Highway 29, Middletown CA and identified as parcel number 014-260-51 is in conformity with the provisions of the Lake County General Plan, the Subdivision Map Act, Chapter 17 of the Lake County Code, and the Middletown Area Plan and upon that basis, approve said map subject to the conditions and with the findings listed in the staff report dated August 11, 2022. 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.

Memorandum 3 ' Item # 3 9:10 AM (Request Continuance to 8/25/22)August 11, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Eric Porter, Associate Planner DATE: August 11, 2022 SUBJECT: Cache Creek Telecommunication Tower; Major Use Permit (UP 22-20); and Initial Study (IS 22-21): for development of a 150' tall lattice wireless communications tower with equipment; Project location: 20114, 20226 and 20662 E. Highway 20, Clearlake Oaks (APNs: 010-009-39, 40 & 42) Supervisor District 3 ATTACHMENTS: 1. Vicinity Map 2. Application materials 3. Zoning District 4. Letters of Support - Emergency Service Providers 5. Initial Study, IS 22-21 6. Agency Comments 7. California Dept. of Fish & Wildlife Letter dated October 25, 2018. 8. National Environmental Policy Act FCC-Focused Checklist Evaluation 9. Proposed Conditions of Approval 10. Five Mile Coverage Map (all carriers) I. EXECUTIVE SUMMARY On March 21, 2017, the applicant submitted a Major Use Permit, UP 17-03 pursuant to Article 27, Section 27.11, Table B (ar) and Article 42, Section 42.14 "Height Exceptions, General: The maximum height limitations of this Article and Chapter may be exceed upon securing a major use permit" to allow the construction of an over height Wireless Telecommunication Facility located approximately 6.5 air miles Southeast of Clearlake Oaks, California and approximately one (1) mile to the north of California Highway 20. The tower is proposed at 190 feet, exceeding the allowable height by forty (40) feet. The Planning Commission approved the tower on February 28, 2019. However no building permits were submitted for the tower, and the use permit expired. On June 1, 2022, the applicant submitted a new use permit, file No. UP 22-20 for the same tower on the same site and property. Originally, the applicant proposed to construct a 150 foot tall lattice tower with an additional 20 foot tall VHF Master RX Whip Antenna for Public Safety Systems for an overall height of 170 feet. However, according to the applicant, upon further evaluation, it was determined due to the emerging wireless technologies (such as the nationwide wireless telecommunications network dedicated to public safety that AT&T has been selected to construct - i.e. the First Responder Network Authority, a/k/a First Net, an independent authority established by Congress) and how microwave paths travel from the original proposed height of 170 feet, the ridgeline approximately one (1) mile west of project site would likely cause physical interference with the path. Therefore, the applicant is now requesting approval of the Major Use Permit, UP 22-20 to allow an over-height, unmanned 170 foot tall lattice wireless telecommunication tower, with an additional twenty (20) foot Tall VHF Master RX Whip Antennas for Public Safety Systems, which brings the overall height to approximately 190 feet. The proposed tower would allow up to four (4) major wireless network/providers as well as an area for public safety providers and smaller commercial wireless providers. According to the applicant and the revised project Description dated January 28, 2019, all other aspects of the original tower and compound design would remain the same. The proposed 190-foot lattice tower would be contained within a leased area approximately 10,000 square feet in size (100 X 100) with a six (6) foot perimeter fence. The proposed tower would consists of the following: * An 800 Amp Multi-Meter Electrical Service Panel * One (1) - twenty (20) foot tall VHF MASTER RX Whip for Public Safety Systems. * Four (4) future carrier ground lease areas. * Four (4) future carrier antenna centerlines * Four (4) microwave dish and appurtenance centerlines. * One (1) future public safety systems ground lease area and antenna centerlines. Currently, the project site is accessible from an existing fifty (50) foot wide utility easement beginning from California Highway 20 according to a "Declaration Creating Road and Utility Easements (Doc. # 006964443) dated January 23, 1979 from the Lake County Recorders/Assessor Office. Shortly, before entering the area to be developed the easement narrows to approximately twenty (20) feet in width (Refer to Attachment 2 for details). According to the applicant, the existing access easement crosses Middle Creek at a naturally elevated location which has been used by the residence on APN 010-009-42 and the Yolo County Flood Control and Water Conservation District State - 312 High Voltage Facility for more than twenty (20) years. The applicant submitted a letter dated August 10, 2018, from the California Department of Fish and Wildlife. The letter, indicates, the applicant is in the process of submitting and obtaining the Notification of Lake or Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602. No further status update on this Agreement has been provided to staff. The applicant proposes to adjust the existing access road/easement on APN 010-009-42; the existing access easement/roadway approximately 10 to 15 feet west of its current location. The relocation of the roadway would improve the management of the roadway's drainage and help improve the long term viability of the access road for the Telecommunication Facility, Yolo County Flood Control, and Water Conservation District Station 312 High Voltage Facility, surrounding residents, and emergency personnel. In order to move the roadway ten (10) to fifteen (15) feet to the west, approximately two (2) oak trees with a breast height diameter greater than five (5) inches would have to be removed. Staff recommends the Planning Commission adopt IS 22-21 and Approval of Use Permit UP 22-20 based on the Findings in this report and subject to the proposed Conditions of Approval (Attachment 9). II. RECOMMENDATION Staff recommends that the Planning Commission approve the project with the following findings: A. Adopt a Mitigated Negative Declaration based on Initial Study (IS 22-21) for Major Use Permit (UP 22-20) with the following findings: 1. Potential environmental impacts related to Aesthetics have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 2. Potential environmental impacts related to Air Quality have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 3. Potential environmental impacts related to Biological Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 4. Potential environmental impacts related to Cultural & Tribal Resources have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 5. Potential environmental impacts related to Geology & Soils have mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 6. Potential environmental impacts related to Hazards & Hazardous Materials have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 7. Potential environmental impacts related to Hydrology & Water Quality have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 8. Potential environmental impacts related to Noise have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 9. Potential environmental impacts related to Mitigation Monitoring and Expiration have been mitigated to insignificant levels with the incorporated Mitigation Measures and Conditions of Approval. 10. This project is consistent with land uses in the vicinity. 11. This project is consistent with the Lake County General Plan, Shoreline Community Area Plan and Zoning Ordinance. 12. As mitigated, this project will not result in any significant adverse environmental impacts. B. Conditionally Approve Major Use Permit (UP 22-20) 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, 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. C. Conditionally approve Use Permit 22-20 with the following wireless communication facility findings: 1. That the development of the proposed wireless communications facility will not significantly affect any public view shed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Lake County General Plan or Area Plans. 2. That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the least intrusive for the provision of services as required by the FCC. 3. That the proposed wireless communication facility complies with all of the applicable requirements of Article 71 of the Lake County Zoning Ordinance. 4. That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid. Sample Motions: Mitigated Negative Declaration I move that the Planning Commission find on the basis of the Initial Study (IS 22-21), and the mitigation measures which have been added to the project, that the Use Permit, UP 22-20 as applied for by Comsite West will not have a significant effect on the environment and therefore a mitigated negative declaration shall be issued with the Findings listed in the staff report, dated August 11, 2022. Major Use Permit I move that the Planning Commission find that the Use Permit (UP 22-20) as applied for by Comsite West on property located at on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, and further described as APNs 010-009-39, 40 & 42 meets the requirements of Section 51.4 of the Lake County Zoning Ordinance; and grant the Major Use Permit based on the Findings and subject to the Conditions of approval listed in the Staff Report, dated August 11, 2022. Wireless Communication Facility Approval I move that the Planning Commission find that the Wireless Communication facility applied for by Comsite West on property located at 20114, 20226 and 20662 E. State Highway 20, Clearlake Oaks, and further described as APNs 010-009-39, 40 & 42 meets the requirements of Section 71.13 of the Lake County Zoning Ordinance; and that the Planning Commission has reviewed and considered the Mitigated Negative Declaration adopted for this project; and the Wireless Communication Facility be granted based on the Findings and subject to the Conditions of Approval listed in the staff report, dated August 11, 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

Memorandum COUNTY OF LAKE COMMUNITY DEVELOPMENT DEPARTMENT Planning Division Courthouse - 255 N. Forbes Street Lakeport, California 95453 Telephone 707/263-2221 FAX 707/263-2225 Item #4 9:15 AM August 11, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: LACO Associates Assigned Planner: Andrew Amelung, Cannabis Program Manager DATE: August 11, 2022 RE: Lamperti Farms * Major Use Permit (UP 20-51) * Initial Study (IS 20-51) Supervisor District 3 - Eddie "EJ" Crandell Planning Commission - Batsulwin Brown ATTACHMENTS: 1. Property Management Plan 2. Proposed Site Plans 3. Initial Study 4. Agency & Public Comments 5. Biological Assessment 6. Hydrology Report 7. Mitigation Monitoring Reporting Program 8. Proposed Conditions of Approval I. EXECUTIVE SUMMARY Mr. Anthony Lamperti is seeking a Major Use Permit from the County of Lake, for a proposed commercial cannabis cultivation operation at 565 & 1111 Sulphur Bank Drive, near Clearlake Oaks, California on Lake County APNs 006-520-11 and 12. The proposed commercial cannabis cultivation operation would be composed of eleven (11) A-Type 3 "Medium Outdoor" cultivation areas, a 120 sq. ft. Pesticide & Agricultural Chemicals Storage Area (proposed wooden shed), a 120 sq. ft. Security Room/Building (proposed wooden shed), and eleven 160 sq. ft. Harvest Storage Areas. The growing medium of the proposed outdoor cultivation/canopy areas would be native soil amended with compost, worm castings, and organic dairy manure, with drip irrigation systems covered in white plastic mulch to conserve water resources. All water for the proposed cultivation operation would come from an existing on-site groundwater well and ten 5,000-gallon water storage tanks. The Project would occur on a 257-acre property that currently supports a working ranch. The site is accessed from Highway 20 via Sulphur Bank Drive. The Project would use approximately 24.9 acre-feet of water per year. Figure 1. Lamperti Farms Proposed Conditions Site Plan II. RECOMMENDATION Staff recommends the Planning Commission take the following actions. A. Adopt Mitigated Negative Declaration (IS 20-51) for Major Use Permit (UP 20-51) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1. 2. Potential air quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, AQ-2, AQ-3, AQ-4, AQ-5, AQ-6 and AQ-7. 3. Potential biological impacts can be mitigated to less than significant levels with the inclusion of mitigation measure BIO-1, BIO-2, BIO-3, BIO-4, BIO-5, and BIO-6. 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, CUL-2, CUL-3. 5. Potential geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1, GEO-2, GEO-3 and GEO-4. 6. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-6, HAZ-1 through HAZ-5, and HYD-1. 7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1, NOI-2 and NOI-3. 8. Potential tribal cultural resources impacts can be mitigated to less than significant levels with inclusion of mitigation measures CULT-1 through CULT-3. 9. This project is consistent with land uses in the vicinity. 10. This project is consistent with the Lake County General Plan, Lakeshore Communities Area Plan, and Zoning Ordinance. 11. 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. 12. As mitigated through specific conditions of approval, this project will result in less than significant environmental impacts. B. Approve Major Use Permit UP 20-51 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, Shoreline Communities 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 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 the Major Use Permit (UP 20-51) applied for by Lamperti Farms on property located at 1111 Sulphur Bank Drive Clearlake Oaks, CA 95423, further described as APN: 006-520-11, -10,-12; 006-540-02 & 08 and 010-002-35,- 37,53 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 August 11, 2022. Major Use Permit (UP 20-51) I move that the Planning Commission find that the Major Use Permit (UP 20-51) applied for by Lamperti Farms on property located at 1111 Sulphur Bank Drive Clearlake Oaks, CA 95423, further described as APN: 006-520-11, -10,-12; 006-540-02 & 08 and 010-002-35,- 37,53 does meet the requirements of Section 51.4 and Article 27, Section 1 [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 August 11, 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

Memorandum ' Item # 5 9:20 AM August 11, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: August 11, 2022 SUBJECT: Valerie Peng; General Plan Amendment (GPAP 22-01), Rezone (RZ 22-01) and Initial Study (IS 22-20); Request to rezone a property from "C3" to "C2" to allow commercial cannabis sales. Location: 11377 Highway 29, Lower Lake. APN: 049-300-02 Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Proposed Rezone and General Plan Map 3. Supplemental Data 4. Agency Comments 5. Public Comments 6. Initial Study IS 22-20 I. EXECUTIVE SUMMARY The applicant requests approval of a Rezone of a 0.14+ acre property from "C3" Service Commercial to "C2" Community Commercial for the purpose of selling retail cannabis, which is not a permitted use in the "C3" zoning district. The property is located at 11377 Highway 29, Lower Lake (APN: 049-300-02). In addition, the applicant requests approval of a General Plan Amendment of the property from Service Commercial to Community Commercial. The applicant has indicated that no site improvements are proposed. The site contains a two-story, 2000 sq. ft. building and six (6) marked parking spaces. CEQA - since a denial recommendation is being presented, CEQA does not apply. Approval of this project would result in 'spot zoning', the creation of a single-parcel zoning district, surrounded by other zoning districts. While not prohibited by State or County regulations, this is not a Best Practice for Planning because it could create an incompatibility with the surrounding parcels. The Department is unable to support the application and recommends denial. II. RECOMMENDATIONS Staff recommends that the Planning Commission provide the following recommendations to the Lake County Board of Supervisors: A. That the Board does not adopt Negative Declaration (IS 22-20) for General Plan Amendment, GPAP 22-01 and Rezone, RZ 22-01 with the following findings: 1. That uses allowed in the "C2" Community Commercial Zoning District are not compatible with the existing "C3" zoned lots and uses in the vicinity. 2. This project could result in any adverse impacts related to traffic given the site's access is through other "C3" zoned lots that are developed with established uses. B. That the Board does not approve General Plan Amendment (GPAP 22-01) and Rezone (RZ 22-01) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for may be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use based on uses permitted in the "C2" Community Commercial zoning district. 2. That potential retail cannabis sales are not compatible with the "C3" zoning district and established land uses. 3. That the road serving this site is not adequate to accommodate vehicular trips to the facility due to site traffic having to pass through other established C3 lots. 4. That the project is not consistent with the General Plan, the Lower Lake Area Plan, and certain applicable portions of the Zoning Ordinance. Sample Motions: Negative Declaration (IS 22-20) I move that the Planning Commission recommend that the Board of Supervisors not adopt of the Negative Declaration (IS 22-20) based on the findings set forth in the staff report dated August 11, 2022. General Plan Amendment (GPAP 22-01) I move that the Planning Commission find that the General Plan Amendment (GPAP 22-01) applied for by Valerie Peng on property located at 11377 Highway 29, Lower Lake, further described as APN: 049-300-02 does not meet the requirements of the General Plan, the Lower Lake Area Plan, and certain applicable portions of the Lake County Zoning Ordinance, and that a recommendation of denial be provided to the Board of Supervisors for the subject to the findings listed in the staff report dated August 11, 2022. Rezone (RZ 22-01) I move that the Planning Commission find that the Rezone (RZ 22-01) applied for by Valerie Peng on property located at 11377 Highway 29, Lower Lake, further described as APN: 049-300-02 does not meet the requirements of the Lake County General Plan, the Lower Lake Area Plan, and certain portions of the Lake County Zoning Ordinance, and that a recommendation of denial be provided to the Board of Supervisors for the Rezone subject to the findings listed in the staff report dated August 11, 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 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 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: August 11, 2022 RE: Center Grow / Jason Jones; Modification (MMU 21-24) to a Use Permit (UP 18-32) for Commercial Cannabis Cultivation and Initial Study (IS 21-37); Project Location: 26066 and 27084 Jerusalem Grade Road, Middletown (APNs: 013-017-62 & 66) Supervisor District 1 ATTACHMENTS: 1. Vicinity Map 2. Original Conditions of Approval 3. Modification Conditions of Approval 4. Agency Comments 5. Revised Site Plans, dated 8-25-2021 6. Water Analysis; dated March 11, 2022 7. Initial Study (IS 21-37) I. EXECUTIVE SUMMARY On October 8, 2020, the Planning Commission approved Use Permit UP 18-32 for one acre of outdoor cannabis cultivation on the subject site. On August 31, 2021, the County received an application for a modification to the cultivation area to enable the applicant to convert one acre of outdoor cannabis cultivation to 1/2 acre (22,000 sq. ft.) of greenhouse "mixed light" cultivation. The project, following this modification, will result in a slight decrease in water usage. The proposed greenhouse buildings are specifically intended for mature cannabis plants, and the overall cultivation area will be reduced by almost half from what had been approved under UP 18-32. The greenhouse buildings are to be constructed in an area that had been previously disturbed by medicinal and adult-use outdoor cannabis cultivation beginning in year 2017. The site had also been burned in the Valley Fire in 2015. Dead trees were removed, and the proposed expansion area was surveyed by the Biologist and Archaeologist prior to the 2018 use permit submittal. No additional impacts to any of the 21 California Environmental Quality Act (CEQA) categories were determined to occur with this project. The 79 acre subject site is accessed by an existing private access way located on Jerusalem Grade Road, an unpaved dirt road in this location. The previous Building Official made a determination that Jerusalem Grade Road at this location was agriculturally exempt from CalFire Road Standards. The original application included a Biological Survey and an Archeological Survey, both of which took into consideration the area proposed for the new greenhouses. Staff recommends Conditional Approval of MMU 21-24. II. RECOMMENDATION Staff recommends the Planning Commission: A. Adopt the Initial Study (IS 21-37) for Modification MMU 21-24 with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigation to 'less than significant' through the implementation of mitigation measure AES-01. 2. Potential environmental impacts related to air quality can be mitigation to 'less than significant' through the implementation of mitigation measures AQ-1 through AQ-7. 3. Potential biological resource impacts can be reduced to 'less than significant' through the implementation of mitigation measures BIO-1 through BIO-3. 4. Potential environmental impacts related to Cultural and Tribal resources can be mitigation to 'less than significant' through the implementation of mitigation measures CUL-1 through CUL-3. 5. Potential environmental impacts related to noise impacts can be mitigation to 'less than significant' through the implementation of mitigation measures NOI-1 through NOI-3. 6. Potential environmental impacts related to cumulative impacts can be mitigation to 'less than significant' through the implementation of mitigation measures established within 1, 2, 3, 4 and 5 above. 7. This project will have 'less than significant' environmental impacts based on the analysis provided in the Initial Study for IS 21-37, and the subsequent mitigation measures established in the Initial Study and as stated herein. B. Approve Modification MMU 21-24 with the following findings: 1. That the project complies with the required findings for approval of a modification as are described in Lake County Zoning Ordinance, Article 60.33. 2. 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. 3. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 4. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 5. There are adequate services available to serve the project. 6. This project is consistent with the Lake County General Plan, Middletown Area Plan and Lake County Zoning Ordinance. 7. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property. Sample Motions: Initial Study (IS 18-37) I move that the Planning Commission find that based on the Initial Study (IS 21-37) applied for by Center Grow / Jason Jones on a property located at 26066 and 27084 Jerusalem Grade Road, Middletown, further described as APNs: 013-017-62 and 66, the project modifications will not have a significant effect on the environment, and that no new mitigation measures are necessary per the findings listed in the staff report dated August 11, 2022. Modification (MMU 21-24) I move that the Planning Commission find that the Modification (MMU 21-24) applied for by Center Grow / Jason Jones on a property located at 26066 and 27084 Jerusalem Grade Road, Middletown, further described as APNs: 013-017-62 and 66 does meet the requirements of Section 60 of the Lake County Zoning Ordinance and the Modification be granted subject to the conditions and with the findings listed in the staff report dated August 11, 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 Commission's final determination.

Memorandum Item 7 9:30 AM August 11, 2022 STAFF REPORT TO: Planning Commission FROM: Mary Darby, Community Development Director Prepared by: Eric Porter, Associate Planner DATE: August 11, 2022 RE: Konocti Christian Academy; Major Use Permit (UP 21-52) and Initial Study (IS 21-54); for development of a private K-9 grade school; located at 5805 Live Oak Drive, Kelseyville (APN: 008-061-72) Supervisor District 5 ATTACHMENTS: 1. Vicinity Map 2. Site Plan dated August 1, 2022 3. Agency Comments 4. Initial Study IS 21-54 and Addendum to IS 5. Conditions of Approval 6. Traffic Study, W-Trans, dated June 8, 2022 7. Public and Attorney Comments 8. On-Site Drainage Letter, from Bill Vanderwall, P.E., dated January 6, 2022 I. EXECUTIVE SUMMARY The applicant requests approval of a Major Use Permit for a new Pre-kindergarten through 9th grade private school for Konocti Christian Academy. The Project consists of seven (7) portable (24' x 40') classrooms and one (1) 24' x 40' office building; one 12' x 40' restroom building; 3,124 sq. ft. playground; 4,700 sq. ft. basketball court; 9,000 sq. ft. grass area; one (1) 10' x 6' wall-mounted sign; 14,570 sq. ft. gravel parking lot containing 33 parking spaces with two (2) ADA parking spaces; 19 cedar trees planted along rear property line; 14 crepe myrtle trees planted along Live Oak Drive and the southern end of the property; two (2) bioswales for on-site stormwater drainage retention; one (1) 2,600 sq. ft. shade structure and eating area; 10' x 8' trash enclosure, and 12,157 sq. ft. grass field. The property will be enclosed by a six-foot (6') tall chain-link fence. The applicant estimates that there will be up to 150 pick-ups and drop-offs daily during school days. Construction activities will include the following: * Estimated to take place over a 7 month period; * Minimal site disturbance is needed. The site is flat, and some pad preparation will be required for: eight new 24' x 40' portable classroom buildings; a 12' x 20' restroom building; the installation of the grass and a basketball court; the gravel parking lot on-site; and, the public improvements to the shoulder of Live Oak Drive adjacent to the school. * Construction hours to be between 7:00 am and 5:00 pm Monday through Saturday. * Trenching will be required for underground electrical installation. Approximately 1000 lineal feet of trenching will occur displacing between 30 and 40 cu. yds. of earth. Up to 50 cubic yards of earth can be moved with no grading permit required. * Five workers are anticipated for school construction. * Construction equipment is expected to include a small excavator, a track loader, pickup trucks used by employees; an estimated 24 trips by larger trucks delivering the portable classrooms and construction materials. * Equipment staging to take place on site within the 14,570 sq. ft. on-site gravel parking area. * No trees will be removed by this project. * No water courses are impacted by this project. * All disturbed areas to be enclosed by straw wattles. * Dust control will be from palliatives applied to pads using public water. * Power to be provided by PG&E. Operations are as follows once the school is open for students: * The school will be occupied by students and staff between the hours of 7:45 am to 5:30 pm Monday through Friday. * A maximum of 150 students is anticipated. * 15 staff members are anticipated. * "Will Serve" letters from public water and sewer provider have been received. * Up to 150 pick-ups and drop-offs to occur daily, however these times will be staggered based on the different grades. * Exterior lighting to consist of security lighting only. * No food preparation will occur on site. All lunches will be brought by students. * On-site security to be provided by the Principal and Vice Principal. * On-site security cameras to be installed for vandalism prevention and student security. * The school practices fire drills in case of a fire. Emergency access to occur from Live Oak Drive if needed. An evaluation for compliance with the California Environmental Quality Act (CEQA) was undertaken for this project. It was determined that any impacts caused by the project can be mitigated. This CEQA evaluation is later in this report. Staff recommends Approval with Conditions of UP 21-52 and Adoption of IS 21-54 for the Konocti Christian Academy. Figure 1. Site Plan Source: Revised Site Plan submitted by Applicant July 28, 2022 II.RECOMMENDATION Staff recommends that the Planning Commission: A. Adopt mitigated negative declaration (IS 21-54) and the Addendum to the Initial Study for Use Permit (UP 21-52) with the following findings: 1. Potential environmental impacts related to aesthetics can be mitigated to less than significant levels through mitigation measures AES-1, AES-2 and AES-3. 2. Potential environmental impacts related to air quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1, AQ-2, AQ-3 and AQ-4. 3. Potential environmental impacts related to cultural / tribal resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 and CUL-2. 4. Potential environmental impacts related to hydrology can be mitigated to less than significant levels through the inclusion of mitigation measure HYD-1. 5. Potential environmental impacts related to Noise can be mitigated to less than significant impacts with mitigation measures NOI-1 and NOI-2. 6. Transportation-related improvements are needed and are added as mitigation measures TRANS-1 and TRANS-2 to enable safe on-street parking and the relocation of the bioswale along Live Oak Drive, which was not properly engineered, and which reduce potential transportation-related impacts to 'less than significant' levels. 7. As mitigated through specific mitigation measures and subsequent conditions of approval, this project will result in less than significant environmental impacts. B. Approve Use Permit UP 21-52 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 can be mitigated to be reasonably adequate to safely accommodate the 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, 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. 7. Any changes to the project will require either an amended Use Permit and/or a new Use Permit unless the Community Development Director determines that any changes have no potential increased environmental impacts. SAMPLE MOTIONS Mitigated Negative Declaration (IS 21-54) I move that the Planning Commission find that the Initial Study (IS 21-54) applied for by Konocti Christian Academy on property located at 5805 Live Oak Drive , Kelseyville, and further described as APN: 008-061-72 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 August 11, 2022. Major Use Permit (UP 21-52) I move that the Planning Commission find that the Use Permit (UP 21-52) applied for by Konocti Christian Academy on property located at 5805 Live Oak Drive , Kelseyville, and further described as APN: 008-061-72 does meet the requirements of Section 51.4 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 August 11, 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.