File #: 21-520    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 6/4/2021 In control: Planning Commission
On agenda: 6/10/2021 Final action:
Title: 9:20 a.m. a Public Hearing to consider an appeal of the closure of two Use Permit files; file no. UP 18-36 and file no. MUP 18-37 for commercial cannabis cultivation on two adjacent properties. Owner: David Boies. Applicant: Jonathan Boies; proposed new applicant is Mitch Hawkins. Proposed Projects: UP 18-36: One (1) M-Type 3 small outdoor and one (1) M-Type A-1C ‘small specialty cottage’ cannabis cultivation license on tax lot 012-056-49; and one (1) M-Type 3 medium outdoor and one (1) A-Type 1C ‘small specialty cottage’ license on tax lot 012-056-48. Location: 13046 and 13048 S. Highway 29, Lower Lake, CA; APN: 012-056-48 and 012-056-49.
Sponsors: Community Development
Attachments: 1. AA 21-02 SR V1, 2. Attachment 1 vicinity map, 3. Attachment 2 inc letter 2.25.2020, 4. Attachment 3 closed file ltr 5.7.2021, 5. Attachment 4 appeal application, 6. Attachment 5 notarized ltr from Mr. Boies
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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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