The applicant, Nina Bogdanova of Nina Star, LLC is proposing a commercial cannabis cultivation operation consisting of two (2) A-Type 3B licenses for 37,446 square feet (sf) of mixed-light canopy within a 48,529 sf cultivation area and an A-Type 13 Distributor, Self-Distribution, transport only license. The site is located approximately two miles north of the Lake/Napa County line. Topography consists of rolling grassland with slopes between 2% to 10% in the west and 10% to 20% in the east. Several known watercourses and potential wetlands, including Saint Helena Creek, a Class I, perennial watercourse; one (1) Class II watercourse; and several Class III watercourses are located on the project parcel. All setbacks from watercourses have been identified. No surface water diversion is proposed. The property is developed with a permitted residence and septic system, residential accessory structures, and an existing well. Historical uses include animal husbandry and grazing. Total parcel acreage is 47.36 acres.
Recommended Action:
Staff recommends the Planning Commission take the following actions:
A. Adopt Mitigated Negative Declaration (IS 20-16) for Major Use Permit (UP 20-14) with the following findings:
1. Potential environmental impacts related to Aesthetics (AES) can be mitigated to less than significant levels with the inclusion of mitigation measures AES1 through AES-2.
2. Potential environmental impacts related to Air Quality (AQ) can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-6.
3. Potential environmental impacts related to Biological Resources (BIO) can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-6.
4. Potential environmental impacts related to Cultural Resources (CUL) can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-2
5. Potential environmental impacts related to Geology and Soils (GEO) can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-4.
6. Potential environmental impacts related to Hazards and Hazardous Material (HAZ) can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1 through HAZ-8.
7. Potential environmental impacts related to Hydrology and Water Quality (HYD) can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-2.
8. Potential environmental impacts related to Noise (NOI) can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2.
9. Potential environmental impacts related to Tribal Cultural Resources (TCR) can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1, CUL-2, TCR-1, and TCR-2.
10. Potential environmental impacts related to Wildfire (WDF) can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1 through WDF-4.
B. Approve Major Use Permit UP 20-14 with the following findings:
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
1. 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 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).