TO: Planning Commission
FROM: Mireya G. Turner, Community Development Department
Michelle Irace, Principal Planner
Prepared by Trish Turner, Assistant Planner II
DATE: July 25, 2024
SUBJECT: Consideration of proposed Major Use Permit UP 22-15, Joel Michaely Grow, and Mitigated Negative Declaration (IS 22-14) for approval of a two-stage commercial cannabis project on a property located at 10800 and 10850 Clayton Creek Drive, 17425, 17445 and 17475 Morgan Valley Road, 11450, 11474, 11480, 11486, and 11490 Spruce Grove Road, Lower Lake (APNs: 012-045-39, -40, -41, -42, -43; and 012-059-10, -11, -12, -13, -14)
The applicant, Joel Michaely Farms, is applying for a major use permit for commercial cannabis cultivation. The applicant proposes two stages of development. Stage 1 consists of twenty-five (25) A-Type 3 "medium outdoor" licenses covering a total canopy area of up to 1,089,000 square feet (25 acres). For Stage II, the proposal consists of converting the 25 acres of outdoor cultivation to twenty-five (25) A-Type 3B "mixed light" licenses, with a total greenhouse canopy area of 550,000 square feet (12.6 acres) within a cultivation area of 861,128 square feet. Additionally, the applicant has requested a Type 6 Non-Volatile processing license and Type 13 Cannabis Distributor Transport Only, Self-distribution License for legal transportation of licensed cannabis to and from the site. The project site is situated on four of the ten parcels: (APNs 012-045-41, 012-045-42, 012-059-10, and 012-045-11). The property features Copsey Creek, a perennial Class I watercourse along its western boundary, as well as two (2) unnamed intermittent Class II watercourses to the north and south, and several unnamed ephemeral Class III watercourses spread throughout the parcels. The cultivation area maintains a setback of 100 feet from all watercourses, with the exception of the southern watercourse which is setback approximately 400 feet from the cultivation area, exceeding the setback requirements. Historical uses of the site include ranching and residential uses. While a previous Major Use Permit (UP 19-22) with an approved Early Activation (EA 19-55) was initially submitted for this project location by a different applicant, it has since been withdrawn and closed.
Recommended Action:
Staff recommends the Planning Commission take the following actions:
A. Adopt Initial Study (IS 22-14) for Major Use Permit (UP 22-15) with the following findings:
1. Potential environmental impacts to (Aesthetics) can be mitigated to less than significant levels by mitigation measures AES-1 through AES-3.
2. Potential environmental impacts related to (Air Quality) can be mitigated to less than significant levels by mitigation measures AQ-1 through AQ-8.
3. Potential environmental impacts related to (Biological Resources) can be mitigated to less than significant levels by mitigation measure BIO-1 and BIO-2.
4. Potential environmental impacts related to (Cultural Resources) can be mitigated to less than significant levels by mitigation measures CUL-1 through CUL-4.
5. Potential environmental impacts related to (Geological Resources) can be mitigated to less than significant levels by mitigation measures GEO-1 through GEO-3.
6. Potential environmental impacts related to noise can be mitigated to less than significant levels by mitigation measures NOI-1 and NOI-2.
7. Potential environmental impacts related to (Tribal Cultural Resources) can be mitigated to less than significant levels with the inclusion of mitigation measures TCR-1 through TCR-6.
8. Potential environmental impacts associated with (Wildfire) can be mitigated to ‘less than significant’ levels with the inclusion of mitigation measures WDF-1 through WDF-5.
B. Approve Major Use Permit (UP 22-15) 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 with mitigation measure added.
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 Lake County General Plan, the Lower Lake Area Plan and the Lake County Zoning Ordinance.
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. 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).