File #: 21-263    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 4/2/2021 In control: Planning Commission
On agenda: 4/8/2021 Final action:
Title: 9:05 a.m. Public Hearing and Consideration of approving a Minor Modification (MMU 20-13) of original Use Permit UP 18-16 at a public hearing. Applicant/Owner: LC Private Reserves LLC. Proposed Project: A new 3,200 sq. ft. outdoor nursery area for immature cannabis plants; the conversion of 10,000 sq. ft. of previously approved greenhouse cultivation to outdoor cultivation area within the original footprint of the approved cultivation site known as Garden 1, and one A-Type 13 ‘Self Distribution’ license that was not available at the time of the original approval for UP 18-16. Location: 13333 Big Valley Road, Middletown, CA. APN: 012-006-58.
Sponsors: Community Development
Attachments: 1. MMU 20-13 staff rept, 2. Attachment 1 vicinity map, 3. Attachment 2 conditions mod, 4. Attachment 3 agency comments, 5. Attachment 4 site plan
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Memorandum


STAFF REPORT

TO: Planning Commission

FROM: Scott DeLeon, Community Development Director
Toccarra Nicole Thomas, Community Development Deputy Director

Prepared by: Eric Porter, Associate Planner

DATE: April 8, 2021

RE: LC Private Reserves; Modification (MMU 20-13) to a Use Permit (UP 18-16) for Commercial Cannabis Cultivation and Categorical Exemption to CEQA (CE 20-67). APN: 012-006-58

Supervisor District 1

ATTACHMENTS: 1. Vicinity Map
2. Conditions of Approval
3. Agency Comments
4. Site Plan

I. EXECUTIVE SUMMARY

On November 8, 2018, the Planning Commission approved Use Permit UP 18-16, also known as "Garden 1' on the subject site. The application was for 10,000 sq. ft. of 'mixed light' (greenhouse) cultivation.

On December 15, 2020, the County received an application for a modification to the cultivation area to enable outdoor cultivation rather than inside of greenhouses; this is to occur inside the original footprint of file no. UP 18-16. The applicant is also proposing a 36.5' x 90' area for immature plants that was not part of the original approval.

The 330 acre subject site takes access from Big Valley Road, a paved, County-maintained road in this location. The site was used for decades as a resort (Howard Hot Springs, then Avalon Hot Springs), and the site has been extensively disturbed over time. The original project was categorically exempted from CEQA due to the extent of historical disturbance that had occurred on the site.

The applicant had provided a stormwater mitigation plan that shows the method of on-site water retention and channelization. There is a class 1 (perineal) stream on the southern end of the site (Big Canyon Creek); a class 2 unnamed seasonal stream transecting the middle of the site in a north-south direction, and a class 3 unnamed watercourse on the northern portion of the site. Garden 1 is not located within 100 feet of these drainage courses, and will have no impact on them. Garden 1 was o...

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