File #: 24-904    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 8/16/2024 In control: Planning Commission
On agenda: 8/22/2024 Final action:
Title: 9:50am PUBLIC HEARING - Consideration of proposed Revocation of Major Use Permit (UP 20-03), including cultivation of up to 131,180sf of outdoor canopy (3 A-Type 3 Medium state licenses) and one Type 13 distributor Transport Only - self Distribution license, due to high severity violations; Permittee: Alvarez Farms, LLC; Location 12990 Spruce Grove road, Lower Lake (APN 012-067-40).
Sponsors: Community Development
Attachments: 1. UP 20-03 Conditions of Approval, 2. Declarations, 3. 2022 Inspection Report, 4. Notice of Violation, 5. 2023 Inspection Report, 6. Ordinance 3084, 7. Ordinance 3112, 8. Staff Report
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Memorandum

 

 

Date:                                          August 22, 2024

 

To:                                          Planning Commission

 

From:                                          Mireya G. Turner, Community Development Department

 

Subject:                     Consideration of Proposed Recommendation of Revocation of Major Use Permit (UP 20-03) for Alvarez Family Farms, LLC, for High Severity Violations; located at 12990 Spruce Grove Road, Lower Lake (APN 012- 067-40)

 

Executive Summary:

During Annual Compliance Monitoring Site Visits in 2022 and 2023, Staff found cannabis cultivation taking place without the required state licenses, and cannabis manufacturing taking place without a County permit or state license. Additionally, the County has no record of the Permittee’s Pesticide Applicator License and Operator Identification, as required by state law and County Code Section 27.13(at)(1)(ii)(a).

The Community Development Department Director recommends the Planning Commission revoke Major Use Permit 20-03 Alvarez Family Farms, LLC, for high severity violations; and deem Freddie Alvarez, Idolina Alvarez, Ignacio Alvarez, and Ronnie Fa Responsible Persons.

APPROVED PROJECT DESCRIPTION

The Alvarez Family Farms (UP 20-03) was approved by the Planning Commission on April 22, 2021. The project description includes the cultivation of up to 131,180 sf of outdoor canopy (3 A- Type 3 Medium state licenses) within 156,816 sf of cultivation area, 500 sf or less of indoor cultivation within a permanent structure, and one Type 13 Distributor Transport Only - Self- distribution license, at 12990 Spruce Grove Road, Lower Lake (APN 012-067-40. The cultivation area was divided into four sites, totaling up to 3.6 acres.

 

Recommended Action: 

Community Development Director recommends the Planning Commission take the following actions:

 

(a)                     Revoke Major Use Permit (UP20-03) for cannabis cultivation, by Alvarez Family Farms, LLC, located at 12990 Spruce Grove Road, Lower Lake (APN 012-067-40), for high severity violations, as described in the Staff Report, dated August 22, 2024.

(b)                     Deem Freddie Alvarez, listed with the CA Secretary of State as CEO, Secretary, CFO, and Director of Alvarez Family Farms, LLC, Ignacio and Idolina Alvarez, property owners, and Ronnie Fa, Farm Manager, as Responsible Persons for the high severity violations attributed to Alvarez Family Farms, LLC’s Major Use Permit (UP20-03); located at 12990 Spruce Grove Road, Lower Lake (APN 012-067-40), as described in the Staff Report, dated August 22, 2024.