File #: 24-909    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 8/19/2024 In control: BOARD OF SUPERVISORS
On agenda: 8/27/2024 Final action:
Title: 1:30 P.M. - HEARING - Consideration of a) Appeal (AB 23-03) of Planning Commission’s Decision to Revoke a Major Use Permit (UP19-15) for Legendary Farms, at 2290 Soda Bay Road, Lakeport (APN 008-010-29) for High Severity Violations and Deem Justin Smith and Melissa Smith Responsible Persons; and b) Appeals (AB 23-02 Roberto Estrada; and AB 23-04 Michael Wegner) of the Planning Commission’s Decision to Deem These Persons as Responsible Persons for the High Severity Violations at Legendary Farms (UP 19-15)
Sponsors: Community Development
Attachments: 1. A - Planning Commission Staff Report and Attachments, 2. B - Planning Commission Minutes_20230928, 3. C - Grant Deeds, 4. D - Tirado Declaration, 5. E - Request for Administrative Hearing, 6. F - Appeal 23-02_Estrada, 7. G - Appeal AB 23-03_Smith, 8. H - Appeal AB 23-04_Wegner, 9. Letter_Emerald Law_20240617, 10. Letter_Emerald Law_20240702, 11. Kali Perkins_Soda Bay Objections for submission with Exhibits, 12. Joe Rogoway_20240711- UP 19-15 Revocation Appeal- Planning Commission Ultra Vires- Demand to Set Aside - Mandamus, 13. LettertoPlanningCommission09282023, 14. APPEAL BRIEF OF MICHAEL WEGNER- TO BOARD OF SUPERVISORS – AB23-04 LAKE COUNTY CA, 15. 20240821 - UP 20-03 - Alvarez Farms LLC - Administrative Appeal - Planning Commission Ultra Vires - Mandamus (Final), 16. Soda Bay-LTR to Board of Supervisors-combined, 17. ENF23-01124, 18. ENF23-01124, 19. Kali Perkins_Final Power Point
Memorandum


Date: August 27, 2024

To: The Honorable Lake County Board of Supervisors

From: Mireya G. Turner, Community Development Director

Subject: 1:30 P.M. - Consideration of a) 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) for High Severity Violations; and b) Appeals (AB 23-02, 23-03, and 23-04) of the Planning Commission's Decision to Deem These Persons as Responsible Persons for the High Severity Violations at Legendary Farms (UP 19-15)


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 high severity violations in the Lake County Code. Additionally, they deemed the following persons as Responsible Persons for the violations: Legendary Farms Permittee Melissa Smith, Former Legendary Farms Agent Michael Wegner, Property Owner United Investment Ventures, LLC Manager Justin Smith, Neighboring Property Owner Roberto Estrada, Neighboring Property Joint Tenants Karl and Leilani Kohlruss, and Robert Luis Tirado.

Multiple appeals of the Planning Commission's decision were filed in a timely manner. These appeals include both the revocation of UP 19-15, and the naming of responsible persons. For clarity, the following memorandum will cover the appeal by topic, rather than address each appeal individually. The appeals are summarized in Table 1, below.

Table 1. Appeals Received
AB 23-02
Roberto Estrada
Appeal Responsible Person Designation
AB 23-03
Justin and Melissa Smith
Appeal Revocation and Responsible Person Designation
AB 23-04
Michael Wegner
Appeal Responsible Person Designation

The st...

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