MEMORANDUM
TO: Board of Supervisors
FROM: Mireya G. Turner, Community Development Director
Trish Turner, Associate Planner
DATE: August 04, 2026
SUBJECT: 10:00 A.M. - PUBLIC HEARING - Consideration of Appeal (PL-26-357) of Planning Commission’s Denial of Major Use Permit (PL-26-115/ UP 21-17) and Mitigated Negative Declaration (PL-26-115/ IS 21-18) for Seigler Springs North/ Forest Elie; located at 11615 & 11625 Seigler Springs North, Kelseyville (APNs: 115-007-03 & 115-007-06)
I. EXECUTIVE SUMMARY
2023 Planning Commission Hearing & Continuance
On October 26, 2023, the Lake County Planning Commission considered Major Use Permit (PL-26-115 / UP 21-17); Applicant: Seigler Springs North, LLC / Brian Pensack and Garrett Burdick. During the public hearing, the Commission raised the following three concerns:
1. Tree Removal and Mitigation: A Tree Mitigation Plan must be submitted to address the proposed removal of trees.
2. Grading Plans: Staff inadvertently omitted the grading plans from the Staff Report attachments.
3. Tribal Cultural Resources: During the public hearing, the Planning Commission heard public comment from the Big Valley Band of Pomo Indians Tribal Historic Preservation Officer. The Commission was informed of potential Tribal Cultural Resources within the vicinity and directed Staff to address Tribal Cultural Resources further with the applicant and local Tribe(s).
Due to these issues, the Planning Commission continued the public hearing to a date and time uncertain to allow staff the time to address the identified issues. The video from the October 26, 2023, hearing can be found here on the County of Lake Website, under Agendas & Minutes <https://countyoflake.legistar.com/Calendar.aspx>
Project Revisions & Resolution of Concerns
Since the October 2023 hearing, the applicant has changed from Brian Pensack and Garret Burdick to Forest Elie. Forest Elie has decided to move forward with the pending application (UP 21-17) and has subsequently reduced the cultivation scope and addressed the Commission’s directives by submitting the following:
• Scope Reduction: The applicant reduced the proposed commercial cannabis cultivation canopy from 174,240 square feet (four acres) to 130,680 square feet (three acres). The change in scope was Site plans are included in Exhibit A1.
• Oak Mitigation Plan: An arborist survey and Oak Mitigation Plan (dated January 3, 2024) were prepared by Jacobzoon and Associates for the project (Exhibits A8 and A9). As discussed in the Appeal Analysis section of this memorandum, an addendum to the Oak Mitigation Plan was submitted on July 28, 2026 (Exhibit F). The survey resulted in the preservation of five large black oak trees.
• Tribal Consultation: Staff initiated formal consultation with the Middletown Rancheria, resulting in site visit on February 28, 2024, where Tribal Cultural Resources were identified within the vicinity. Staff amended the existing mitigation measures in the Mitigated Negative Declaration to provide further protection (Exhibit A5). The mitigation measures were provided to the Tribe, and the applicant agreed to enter into a Tribal Monitoring Agreement with the Middletown Rancheria. Formal consultation concluded on April 9, 2024.
• Revised Grading Plans: The applicant provided updated grading plans on May 4, 2026, to accurately reflect the reduced project footprint (Exhibit A2).
2026 Planning Commission Hearing & Automatic Appeal
On June 11, 2026, the Planning Commission considered Major Use Permit (PL-26-115 / UP 21-17) and the associated Mitigated Negative Declaration (PL-26-115 / IS 21-18) for commercial cannabis cultivation located at 11615 and 11625 Seigler Springs North Road, Kelseyville (APNs: 115-007-03 & 115-007-06); Applicant: Forest Elie.
The Planning Commission vote resulted in a 2-2 tie with Commissioner Chavez and Commissioner Rosenthal voting yes, and Chair Zolar and Commissioner Brown voting no. The June 11, 2026, Staff Report and attachments are included as Exhibit A.
In accordance with Lake County Zoning Code Section 58.40, a tie vote by the Planning Commission deems the matter automatically denied at the first hearing in which it cannot achieve a majority action, thereby triggering an automatic appeal to the Board of Supervisors for a public hearing. Consequently, an automatic appeal has been processed for the Seigler Springs North / Forest Elie project under case number PL-26-357.
II. SUMMARY OF PROJECT
The applicant, Forest Elie proposes 130,680 sf (3-acres) of outdoor commercial cannabis canopy within a 174,240 (4-acre) cultivation area and appurtenant facilities located at 11615 and 11625 Seigler Springs North Road, Kelseyville (APNs: 115-007-03 & 115-007-06) Development of the site includes removal of 71 (previously 76) Black oak tree over 6” DBH and replanting of 213 (previously 228) oaks in accordance with the submitted Oak Mitigation Plan (Exhibits A8 and F).
The California Environmental Quality Act (CEQA) requires agencies to evaluate the environmental impacts of land use actions. A Draft Initial Study and Mitigated Negative Declaration (Exhibit A5) was prepared and circulated for public review in compliance with CEQA on June 30, 2023, and recirculated on January 26, 2024. The Initial Study found that the Project would result in potentially significant impacts to Aesthetics, Air Quality, Biological Resources, Cultural Resources, Geology & Soils, Hydrology, Noise, Tribal Cultural Resources and Wildfire. However, with implementation of the identified mitigation measures, all impacts can be reduced to a less than significant level. Public comments are included as Exhibit A14.
III. BASIS FOR THE APPEAL
On the June 11, 2026, Planning Commission hearing, four Commissioners were in attendance (Fields absent). Pursuant to the Planning Commission By-Laws, an affirmative majority vote of the total commission is required to either approve or deny a project. The Commission’s vote resulted in a 2-2 tie and no majority action could be taken. In accordance with Section 58.40 of the Lake County Zoning Ordinance, a tie vote prevents formal action and automatically triggers an appeal of the matter to the Board of Supervisors. Consequently, this item is before the Board as an automatic appeal under case number PL-26-357.
IV. APPEAL ANALYSIS
The applicant and Staff addressed the concerns from the Planning Commission hearing(s) with the following items:
• Tree Study & Mitigation: The applicant has conducted a tree study and submitted an Oak Mitigation Plan (Exhibit A8).
o On July 28, 2026, an additional arborist survey and Addendum to the Oak Mitigation Plan (Exhibit F) was completed by Jacobzoon and Associates, to confirm the health of the trees proposed for removal and discuss potential alterations to the project to further mitigate impacts on the existing oak woodland. During the inspection several oaks within the project footprint (approximately 15%) showed signs of poor and/or declining health, including crown die-back, partial basal girdling, beetle attack, and wood-decaying fungal infections (turkey tail fungus). The Arborist determined that these symptoms are the result of injuries caused by the Valley Fire which burned the property in 2015. The survey also found that there are five large, healthy black oaks situated in the northwest corner of the proposed cultivation; the applicant has committed to preserving the five noted black oak trees and a Condition of Approval (BIO-5 in the Amended Conditions within Exhibit E) has been added to ensure compliance with this requirement.
• Tribal Consultation: Staff contacted the local Tribe(s) and Tribal Consultation took place with the Middletown Rancheria on February 28, 2024. As a part of consultation, a site visit was conducted, and Tribal Cultural Resources were found within the vicinity. Staff amended the existing mitigation measures in the Mitigated Negative Declaration to further protect the resources (Exhibit A5). The mitigation measures were accepted by the Tribe. Tribal consultation was concluded on April 9, 2024.
• Scope Reduction: The applicant has reduced the proposal from 174,240 sf (four acres) to 130,680 sf (three acres) of commercial cannabis cultivation canopy.
• Revised Grading Plans: The applicant provided revised Grading Plans to reflect the reduction in project scope on May 4, 2026 (Exhibit A2).
The tie vote prevented the Planning Commission from taking action, and the project is now before the Board to determine if the environmental review and proposed mitigations are sufficient, and if the required findings support the revised proposed project.
V. RECOMMENDATION
Staff recommends that the Board of Supervisors:
Uphold the appeal (PL-26-357), reversing the Planning Commission’s denial of Use Permit (PL-26-115/ UP 21-17) and Initial Study (PL-25-115/ IS 21-18) for Seigler Springs North/ Forest Elie for a Commercial Cannabis Cultivation located at 11615 & 11625 Seigler Springs North Road, Kelseyville (APNs 115-007-03 & 115-007-06).
Sample Motion:
Uphold Appeal (PL-26-357)
I move that the Board of Supervisors uphold the Appeal PL-26-357, in concept, and direct Staff to prepare Draft Findings of Fact.
EXHIBITS
A. Staff Report from the June 11, 2026, Planning Commission hearing with the following attachments:
1. Site Plan (Revised 2026)
2. Grading Plans (Revised 2026)
3. Draft Conditions of Approval for PC (Amended)
4. Property Management Plan (Revised 2026)
5. Draft Initial Study Redlined (Revised 2026)
6. Hydrology and Drought Management Plan (Revised 2025)
7. Grant of Easement
8. Oak Mitigation Plan
9. Oak Mitigation Map (No Development Zone)
10. Biological Assessment (2021)
11. Biological Assessment (2021)
12. Agency Comments
13. Tribal Comments
14. Public Comments
B. Planning Commission Minutes from October 26, 2023, Public Hearing
C. Appeal Application (PL-26-357)
D. Lake County Planning Commission By-Laws
E. Amended Conditions of Approval
F. Addendum to Oak Mitigation Plan, July 2026