Memorandum
Date: May 19, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott DeLeon, Eric Porter - Community Development Department
Subject: Appeal to Board of Supervisors, AB 19-03 for Minor Use Permit MUP 18-10 (Sandtner/Frey Appeal)
Exhibits: A - AB 19-03 Appeal Packet
B - Planning Commission Staff Report and Attachments (May 13, 2019)
C - Planning Commission Minutes (May 23, 2019)
D - CalFire Email String from Battalion Chief Mike Wink (November 10, 2019)
E - Public Resource Code 4290 and 4291 Report
F - Conditions of Approval
G - Site Plans
H - Correspondence with Appellant's Attorney
Executive Summary: (include fiscal and staffing impact narrative):
The appellant, Brenda Frey represented by attorney Andre Ross, is appealing the Planning Commission's May 23, 2019 decision to adopt a Mitigated Negative Declaration (IS 18-28) and approve a Minor Use Permit (MUP 18-10) for the applicant Stephan Sandtner and the property owner Jason Oram. If approved, the use permit would allow an A-Type 2B (mixed light) commercial cannabis cultivation site within (3) 30' x 96' greenhouses, representing a total cultivation area of 8,640 square feet at 16983 Hofacker Lane, Lower Lake; APN number 012-056-44. Proposed water source is a 150,000 gallon rainwater catchment system consisting of (10) 15,000 gallon tanks.
During the hearing, the Planning Commission took testimony, deliberated, then voted 3-0 (2 absentees) to approve Minor Use Permit (MUP 18-10) with changes to the condition of approval regarding water source to limit the applicant to a rainwater catchment system only for irrigation purposes.
The reference to CalFire letter within the Planning Commission staff report was erroneous. At the time that MUP 18-10 was submitted, CalFire was conducting site visits to assure compliance with Public Resource Codes 4290 and 4291. Staff received a 12 page checklist from the CalFire representative that contained no recomm...
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