Memorandum
ITEM #1
9:05 AM
MAY 12, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: LACO Associates
Planner: Andrew Amelung, Cannabis Program Manager
DATE OF REPORT PROVIDED TO CDD: May 6, 2022
RE: Auto Canna, LLC
* Major Use Permit (UP 19-44)
* Early Activation (EA 19-69 and EA 21-69)
* Complex Grading Permit (GR 20-13)
* Initial Study (IS 19-63)
District Supervisor Moke Simon
Planning Commissioner John Hess
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan
3. Site Plans
4. Conditions of Approval
5. Agency/Public Comments
6. Initial Study and Mitigation Monitoring Reporting Program (MMRP)
7. Site Visit Photos
8. Hydrology Report and Drought Management Plan
9. Biological Assessment
10. Oak Tree Removal and Replacement Plan with Arborist Report
11. Geotechnical Report
12. Code Section 30-22 - Complex Grading
13. Grading Plans
I. EXECUTIVE SUMMARY
Auto Canna, LLC is requesting approval of a Major Use Permit and a Complex Grading Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) at 21258 Morgan Valley Road, Lower Lake, CA on Lake County APN 012-069-57. The applicant's proposal includes four (4) A-Type 3 "Outdoor" License, outdoor cultivation for adult-use cannabis without the use of light deprivation and/or artificial lighting in the 153,560 square feet canopy area within a 158,800 square feet cultivation area, and include the following proposed ancillary facilities:
* 5,000 square feet processing facility
* 120 square feet security building
* 120 square feet storage sheds for agriculture chemicals; fertilizers, pesticides, and petroleum products
* (7) 5,000 gallons water tanks for storage, irrigation, and emergency fire suppressant.
* Grading for road maintenance to meet California Fire and Forestry commercial road standards and for the placement of ancillary facility where necessary (as shown on site plans map)
The project site location is currently improved with existing groundwater well to be pumped into an existing 5,000 gallons water tank and the seven additional water tanks for storage, an existing septic system for a single-family dwelling. An additional septic system is proposed for for the processing facility which will include the restroom.
Originally, Auto Canna's proposed project included 158,800 sq. ft. of outdoor canopy, and required the disturbance of approximately 8 acres and the movement of approximately 20,000 cubic yards of earthen material. The project scope has since been reduced to a total proposed outdoor canopy area to 93,560 sq. ft. and reduced the area to be disturbed to approximately 4 acres with less than 1,000 cubic yards of earthen material needing to be graded. The complex grading permit will allow adequate emergency access and compliance with regulatory road standards, the construction of the proposed ancillary facilities on the project site, including the removal of 66 blue oak trees (27 healthy trees).
Early Activation permits were issued for this property in 2019 and 2021.
Staff is recommending approval of Major Use Permit, UP 19-44, and the adoption of a CEQA determination of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-63) with the incorporated Mitigation Measures and Conditions of Approval.
The Mitigated Negative Declaration determing includes and addresses Complex Grading Permit (GR 20-13).
Figure 1.Proposed Site Plans and Cultivation Area
II. RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
A. Adopt Mitigated Negative Declaration (IS 19-63) for Major Use Permit (UP 19-44) with the following findings found in Attachment 5:
1. Potential aesthetics impacts can be mitigated to less than significant levels with the inclusion of mitigation measures 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-8.
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 geology and soils can be mitigated to less than significant levels with the inclusion of mitigation measures GEO-1 through GEO-7.
6. Potential hydrology and water quality impacts can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-4.
7. Potential noise impacts can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-3.
8. This project is consistent with land uses in the vicinity.
9. This project is consistent with the Lake County General Plan, Lower Lake 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 19-44 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, Lower Lake 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:
Environmental Determination
I move that the Planning Commission makes a determination in accordance with the California environmental Quality Act (CEQA) for a Mitigated Negative Declaration with findings for Major Use Permit (UP 19-44) and Complex Grading Permit (GR 20-13) applied for by Auto Canna, LLC for the property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APN 012-069-57, will not have a significant effect on the environment as recommended in this staff report and therefore a mitigated negative declaration along with the accompanying Mitigation Monitoring Reporting Program (MMRP) shall be approved with the findings listed in the staff report dated May 12, 2022.
Major Use Permit (UP 19-44)
I move that the Planning Commission find that the amended Major Use Permit (UP 19-44) applied for by Auto Canna, LLC on property located at 21258 Morgan Valley Road, Lower Lake, CA, further described as APNs: 21258 Morgan Valley Road, Lower Lake, CA 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 and the Major Use Permit be granted subject to the conditions and with the findings listed in the staff report dated May 12, 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.