File #: 19-1184    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 12/16/2019 In control: BOARD OF SUPERVISORS
On agenda: 1/14/2020 Final action:
Title: 10:00 A.M. - PUBLIC HEARING Consideration of Appeal, AB 19-06 of Major Use Permit, UP 18-43 and Initial Study, IS 18-58. APN: 014-004-20
Sponsors: Community Development
Attachments: 1. AB 19-06 BOS legal notice (002), 2. Exhibit A Appellant's application package, 3. Exhibit B1 PC Staff report and attachments, 4. Exhibit B2 PC Staff report and attachments, 5. Exhibit B3 PC Staff report and attachments, 6. Exhibit B4 Staff report and attachments, 7. Exhibit B5 Staff report and attachments, 8. Exhibit B6 Staff report and attachments, 9. Exhibit C PC minutes Sunny S, 10. GHD report
Title
Body
MEMORANDUM

Date: January 14, 2020
To: Board of Supervisors
From: Michalyn DelValle, Community Development Director
Eric Porter, Associate Planner
Subject: Appeal to Board of Supervisors, AB 19-06 of Major Use Permit, UP 18-43 and Initial Study, IS 18-58. APN: 014-004-20
Supervisor District 1

EXHIBITS: A. AB 19-06 Application including Appellant's Attachments
B. Planning Commission Staff Report with Attachments dated June 17, 2019
C. Planning Commission Minutes from June 27, 2019 Public Hearing
D. Copy of California Department of Toxic Substance Control review of 19020 Butts Canyon (PG&E) Site Evaluation
E. Water Availability Analysis, dated November 6, 2019

EXECUTIVE SUMMARY:
The Appellant, Judson Hodges, is appealing the Planning Commission's June 27, 2019 decision to adopt a Mitigated Negative Declaration and approve a Major Use Permit (files no. UP 18-43 and IS 18-58), which if approved would allow an A-Type 3B (medium mixed light) commercial cannabis cultivation site at 19424 Butts Canyon Road, Middletown; APN number 014-004-20. Approval would allow 25,996 square feet (s.f.) of cultivation area and up to 21,996 s.f. of canopy inside (13) 98' x 20' greenhouses, as well as a 4,000 s.f. drying building. The Planning Commission required permanent restrooms in the drying building that were ADA compliant along with a hand-wash station, also ADA compliant.

Background
The use permit applicant and property owner, Shannon Sanders, applied for an A-Type 3B (medium mixed light) commercial cannabis application using 13 greenhouses. The site is pastoral, and is accessed via gravel driveway. The site is compliant with Public Resource Codes 4290 and 4291 (CalFire regulations). The cultivation site was burned in the Valley Fire; the center of the property is a burn scar - the applicant had removed some dead oak trees, and the cultivation site is flat, and is concealed from view based on the terrain and the heavy shrub and tree growth that...

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