File #: 24-213    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 2/22/2024 In control: Planning Commission
On agenda: 3/28/2024 Final action:
Title: 9:20 AM - PUBLIC HEARING - Consideration of proposed Major Use Permit (UP 20-23), and Mitigated Negative Declaration (IS 20-26), for five A-Type 3 “Medium Outdoor” licenses, one A-Type 4 “Nursery” license, and one A-Type 13 Self-Distribution license for up to 193,800-sf (4.45 acres) of cannabis canopy; Applicant: Vann Ranch/Omar Malfavon; Located: 15095, 15365, 15187, 15525, and 17247 Elk Mountain Road, Upper Lake (002-021-04, 15, 16, 17, and 23)
Sponsors: Community Development
Attachments: 1. Project Site Plans, 2. Draft Conditions of Approval, 3. Property Management Plan, 4. Draft Initial Study/Mitigated Negative Declaration, 5. Biological Analysis, 6. Hydrological Analysis, 7. Drought Management Plan, 8. Agency Comments, 9. Tribal Comments, 10. Emergency Timber Operations, 11. Less Than 3 Acre Conversion, 12. Staff Report
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Staff Report


Date: March 28, 2024

To: The Planning Commission

From: Community Development Director Mireya G. Turner
Principal Planner Michelle Irace
Assistant Planner II Mary Claybon

Subject: Consideration of proposed Major Use Permit (UP 20-23), and Mitigated Negative Declaration (IS 20-26), for five A-Type 3 "Medium Outdoor" licenses, one A-Type 4 "Nursery" license, and one A-Type 13 Self-Distribution license for up to 193,800-sf (4.45 acres) of cannabis cultivation; Applicant: Vann Ranch/Omar Malfavon; Located: 15095, 15365, 15187, 15525, & 17247 Elk Mountain Road, Upper Lake (002-021-04, 15, 16, 17, and 23)

Executive Summary:
The applicant is requesting a major use permit for five (5) A-Type 3 "Medium Outdoor" licenses, one (1) A-Type 4 "Nursery" license, and one (1) A-Type 13 Self-Distribution license. The property is located at 15095, 15187,15263, 15365 & 15525 Elk Mountain Road, Upper Lake (APNs: 002-021-04, 002-021-15, 002-021-16, and 002-021-17 for cultivation) and (APN 002-021-23 clustering). 4.45 acres of commercial cannabis canopy is proposed within seven cultivation areas. West Fork Middle Creek, an intermittent Class II watercourse, flows through the Project property from northwest to southeast. Multiple ephemeral and intermittent watercourses flow through the Project property into West Fork Middle Creek. Historical land uses include agriculture (animal grazing), orchards, and legacy cannabis operations. Most of the Project property burned in the Mendocino Complex Fire of 2018. The project was issued Early Activation in 2020. Total combined acreage is approximately 351.78 acres.

Recommended Action:
Staff recommends the Planning Commission take the following actions:

A. Adopt Mitigated Negative Declaration (IS 20-26) for Major Use Permit (UP 20-23) 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 t...

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