Memorandum
STAFF REPORT
TO: Planning Commission
FROM: Scott DeLeon, Interim Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: June 10, 2021
RE: Appeal AA-21-02 of two File Closures from the same applicant for Two Commercial Cannabis Cultivation Use Permits.
Applicant: Jonathan Boies / Diamond B Ranch
Files No.: Use Permits (UP 18-36 and MUP 18-37) and Initial Studies for each application
Location: 13046 and 13048 S. Highway 29, Lower Lake
APNs: 012-056-48 and 49
Supervisor District 1
ATTACHMENTS: 1. Vicinity Maps
2. Incomplete letter from County dated 2-22-2020
3. Letter of File Closure from Lake County to David Boies and Mitch Hawkins dated May 7, 2021.
4. Appeal Application and Support Materials submitted by the Appellant
5. Notarized Letter from David Boies authorizing Mitch Hawkins to Act in His Behalf as Applicant, dated January 20, 2021.
I. SUMMARY
The applicant had submitted two applications on July 24, 2018. Both applications were determined to be incomplete, and sat idle since the day of submittal. The County sent a letter to the property owner and an apparent new contact for the project, Mitch Hawkins, on May 7, 2021 indicating that the files were closed due to inactivity, and that the file closure could be appealed. This appeal followed.
The Planning Commission is being asked to determine whether these two applications should be closed and new applications submitted, or whether these two applications can be revived (restarted) with a new applicant.
II. BACKGROUND
On July 24, 2018, the applicant applied for two use permits on adjacent lots. Permits UP 18-36 and MUP 18-37 were taken in as a major and a minor use permit, even though what they were requesting on each lot was identical; one (1) M-Type 3 (medium outdoor) cultivation area and one (1) M-Type 1C 'specialty cottage' use permit for each of the two properties. The applicant also applied for a California Environmental Quality Act review (C...
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