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File #: 25-544    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 5/16/2025 In control: Planning Commission
On agenda: 5/22/2025 Final action:
Title: 9:20 a.m. PUBLIC HEARING - Consideration of a proposed Major Use Permit (PL-25-68) for (UP 23-09), for a commercial cannabis cultivation for up to 5.69 acres (247,800 sf), and draft Initial Study/ Mitigated Negative Declaration (IS 23-29); Poverty Flats Ranch / Kurt and Bobby Barthel; location: 10535 High Valley Road, Clearlake Oaks (APN: 006-004-22)
Sponsors: Community Development
Attachments: 1. Site Plans, 2. Conditions of Approval, 3. Draft Initial Study/Mitigated Negative Declaration redlined UP23-29, 4. Property Management Plan, 5. Hydrology report and DMP, 6. Biological Assessment, 7. Agency Comments, 8. Public Comment, 9. Staff Report, Poverty Flats Ranch
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Memorandum


Date: May 22, 2025

To: Planning Commission

From: Mireya G. Turner, Community Development Department
Max Stockton, Assistant Planner II

Subject: Consideration of a proposed Major Use Permit (PL-25-68) for (UP 23-09) Poverty Flats Ranch, for a commercial cannabis cultivation for up to 5.69 acres (247,800 sf), and draft Initial Study/ Mitigated Negative Declaration (IS 23-29); Poverty Flats Ranch / Kurt and Bobby Barthel; location: 10535 High Valley Road, Clearlake Oaks (APN: 006-004-22)

Executive Summary:

The applicants, Kurt and Bobby Barthel, propose Major Use Permit (PL-25-68) for (UP 23-09), for commercial cannabis cultivation at 10535 High Valley Road, Clearlake Oaks (Lake County APN: 006-004-22). The application, as proposed, would include cultivation of 247,800 sf (5.69 Acres) of outdoor canopy a Type 13 Distribution, Self-transport only license. The zoning is "RL-WW-SC" - Rural Lands, Waterway Combining District, and Scenic Combining District. The total acreage of the parcel is approximately 196.7 acres.
Historic uses of the site and vicinity are undeveloped open space, private estates with gardens and corals, and grazing and timber land. On July 27, 2018, the Mendocino Complex Fire devastated over 325,000 acres, including this property. In 2022, the property was approved for grading permit (GR22-12) to clear and maintain the existing fire break and maintain the existing access roads. The permit was inspected July 1, 2024, by the grading inspector, with no violations found and notes were made explaining that trenching had been done with an approved well permit for future fire suppression.

Recommended Action:

Staff recommends the Planning Commission take the following actions:
A. Adopt Mitigated Negative Declaration (IS 23-20) for Major Use Permit (PL-25-68) for (UP 23-09) with the following findings:

1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of miti...

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