Memorandum
Date: February 4, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Michalyn DelValle, Eric Porter; Community Development Department
Subject: Dawson/Guerra Continued Appeal, File No. AB 19-02
Exhibits: A1 - Memorandum from Andrew Williams and David Casian
A2 - Public Resource Code (PRC) 4290 and 4291 Summary Report
A3 - Conditions of Approval for Use Permit UP 18-23
A4 - Memo to the Board of Supervisors for the January 14, 2020 Hearing
A5 - 2020 PRC Standards for Roads in SRA Areas
Executive Summary: (include fiscal and staffing impact narrative):
On January 14, 2020, the Board of Supervisors requested staff to contact the two parties to see whether a renegotiated easement could be a solution to the situation. Staff contacted the appellant's attorney, Andre Ross, who indicated his client would be willing to listen to any proposals by the applicant Will Dawson. Staff however was unable to contact Will Dawson, and to this date, no negotiations have taken place between the two parties.
The Board also requested further information on how PRC 4290 could be applied and met in the context of the Guerra/Dawson appeal, and to provide options for the Board's consideration if a renegotiated easement was not a viable solution.
If the contested use permit were to be approved, it would authorize outdoor commercial cannabis cultivation, a 5,000 square foot (s.f.) drying building, and the conversion of a 700 s.f. existing detached garage for chemical storage.
Analysis - Public Resource Code 4290
PRC Section 4290 sets the framework for specific standards for certain types of roads to be applied on properties in the State Responsibility Area (SRA; high fire); these specific road standards are found in the California Code of Regulations (CCR), Title 14, Chapter 7, and are identified in this memo as CCR ?1271 (Definition; Roads) and CCR ?1273 (Road Width).
CAL FIRE has delegated State Fire Code authority to the Lake...
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