Memorandum
STAFF REPORT
TO: Planning Commission
FROM: Scott DeLeon, Community Development Director
Toccarra Thomas, Deputy Director
Prepared by: Sateur Ham, Assistant Planner
DATE: May 13, 2021
RE: Frosty Oaks, LLC
* Major Use Permit (UP 19-46)
* Initial Study (IS 19-65)
Supervisor District Eddie Crandell
Planning Commissioner Batsulwin Brown
ATTACHMENTS: 1. Vicinity Map
2. Property Management Plan
3. Proposed Site Plans
4. Double Eagle Ranch Property Owner Association CC&R Declaration
5. Initial Study
6. Agency Comments
I. EXECUTIVE SUMMARY
Frosty Oaks is requesting approval of a Major Use Permit for Commercial Cannabis Cultivation (the cultivation of commercial cannabis includes the planting, growing, harvesting, drying, curing, grading, trimming, and/or any combination of those activities, including processing) at 1027 Watertrough Road, Clearlake Oaks, CA on Lake County APN 628-100-10. The applicant's proposal includes one (1) A-Type 3 "Outdoor" License, outdoor cultivation for adult-use cannabis without the use of light deprivation and/or artificial lighting in the canopy area of one acre in size, within a 28,252 square feet cultivation area and include the following:
* One (1) Type 13: "Distributor Transport Only, Self-Distribution" License
* 120 square feet storage shed
* 120 square feet security shed
* Four (4) 5,000 gallons water storage tanks
* Two (2) 2,500 gallons water storage tanks
The cultivation area will be conducted within an enclosed area secured by a chain-link fence approximately six (6) feet in height. The fence will be screened with a privacy mesh, which will help reduce visibility within the surrounding area. According to the Project Management Plan (Attachment 2), the existing well produces approximately 10 gallons per minute and will utilize the proposed water tanks for storage during the dry season. The well near the northeast parcel boundary will be pumped underground to the water storage tanks proposed near the cultivation site in the eastern portion of the property. Frosty Oaks will utilize the existing underground water lines from the well to the storage tanks, which are a combination of PVC piping and black poly tubing. Water use is projected to be approximately 600,247 gallons per year. The proposed outdoor cultivation method is in planting beds with drip irrigation systems served by an existing permitted well.
The project's core business hours of operation will take place between 8:00 a.m.- 6:00 p.m. with deliveries and pickups restricted to 9:00 a.m.-7:00 p.m. Monday through Saturday and Sunday from 12:00 p.m.-5:00 p.m. According to the application, visitation will only be allowed when specific permission is granted.
Figure 1.Proposed Site Plans and Cultivation Area
Staff is recommending denial of Major Use Permit, UP 19-46, and the adoption of a Mitigated Negative Declaration based on the environmental analysis (Initial Study, IS 19-65) with the incorporated Mitigation Measures and Conditions of Approval.
II. RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
A. Deny Mitigated Negative Declaration (IS 19-65) for Major Use Permit (UP 19-46)
B. Deny Major Use Permit UP 19-46 with the following findings:
1. That the establishment, maintenance, or operation of the use applied for will under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.
Sample Motions:
Mitigated Negative Declaration
I move that the Planning Commission find that the Major Use Permit (UP 19-46) applied for by Frosty Oaks, LLC (Stuart Spivack) on property located at 1027 Watertrough Road, Clearlake Oaks, CA, further described as APNs: 628-100-10, [628-080-04 & 628-090-03] cannot be adopted if the Use Permit is denied per staff's recommendation in the staff report dated May 13, 2021.
Major Use Permit (UP 19-46)
I move that the Planning Commission find that the Major Use Permit (UP 19-46) applied for by Frosty Oaks, LLC (Stuart Spivack) on property located at 1027 Watertrough Road, Clearlake Oaks, CA, further described as APNs: 628-100-10, [628-080-04 & 628-090-03] does not meet the requirements of Section 51.4 and Article 27, Section 1(at) [i, ii] of the Lake County Zoning Ordinance and the Major Use Permit be denied subject to the conditions and with the findings listed in the staff report dated May 13, 2021.
NOTE: The applicant or any interested person is reminded that the Zoning Ordinance provides for a seven (7) calendar day appeal period. If there is a disagreement with the Planning Commission, an appeal to the Board of Supervisors may be filed. The appropriate forms and applicable fees must be submitted prior to 5:00 p.m. on or before the seventh calendar day following the Commission's final determination.