File #: 24-979    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/11/2024 In control: BOARD OF SUPERVISORS
On agenda: 9/17/2024 Final action:
Title: 11:00 A.M.- PUBLIC HEARING - Consideration of Appeal (AB 23-03) of Planning Commission's Decision to Revoke Major Use Permit (UP 19-15) for Legendary Farms, LLC, at 2290 Soda Bay Road, Lakeport (APN 008-010-09)
Sponsors: Community Development
Attachments: 1. A - Planning Commission Staff Report and Attachments, 2. Planning Commission Minutes_20230928, 3. Statement of Information_Legendary Farms LLC, 4. Grant Deeds, 5. Initial Filing_United Investment Ventures, 6. Tirado Declaration, 7. Request for Administrative Hearing_ENF 23-01124, 8. Appeal AB 23-03_Smith, 9. 20240913 UP 19-15 Appellants Objections to Unlawful Proceedings Attempt to Sever Use Permit Revocation from Basis Lack of Notice of Violation Lack of Notice (002)
Memorandum


Date: September 17, 2024

To: The Honorable Lake County Board of Supervisors

From: Mireya G. Turner, Community Development Director

Subject: 11:00 A.M. - Consideration of Appeal (AB 23-03) of Planning Commission's Decision to Revoke Major Use Permit (UP 19-15) for Legendary Farms, at 2290 Soda Bay Road, Lakeport (APN 008-010-29)

Executive Summary: On September 28, 2023, the Planning Commission unanimously approved the revocation of the major use permit (UP 19-15) for one acre of outdoor cannabis cultivation for Legendary Farms, located at 2290 Soda Bay Road, Lakeport (APN 008-010-29), a parcel within the Farmland Protection Zone "FPZ", due to unpermitted cannabis cultivation, and processing cannabis in two unpermitted buildings, both violations of the permit's Conditions of Approval.

An appeal (AB 23-03) of the Planning Commission's decisions was filed in a timely manner. The appeal included the Planning Commission's decision to find Justin Smith and Melissa Smith as Responsible Persons for High Severity Violations. The Planning Commission's identification of Justin and Melissa Smith as Persons Responsible for High Severity Violations was reversed by the Board on August 27, 2024. Today's hearing is to consider the appeal of the Planning Commission's revocation of Major Use Permit (UP 19-15).

The staff report and supporting documents considered by the Planning Commission are included as Exhibit A. The minutes for the September 28, 2023, Planning Commission meeting are included as Exhibit B. The video of the meeting is available at the Planning Commission section of the Advisory Board and Commissions Agenda, Minutes, and Video page on the County website.

Revocation of UP 19-15
On September 28, 2023, the Planning Commission held a public hearing to consider the Community Development Department Director's recommendation of revocation of Major Use Permit (UP 19-15), located at 2290 Soda Bay Road. This noticed public hearing had been scheduled on S...

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