Memorandum
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Item # 5
9:20 AM
August 11, 2022
STAFF REPORT
TO: Planning Commission
FROM: Mary Darby, Community Development Director
Prepared by: Eric Porter, Associate Planner
DATE: August 11, 2022
SUBJECT: Valerie Peng; General Plan Amendment (GPAP 22-01), Rezone (RZ 22-01) and Initial Study (IS 22-20); Request to rezone a property from "C3" to "C2" to allow commercial cannabis sales. Location: 11377 Highway 29, Lower Lake. APN: 049-300-02
Supervisor District 1
ATTACHMENTS: 1. Vicinity Map
2. Proposed Rezone and General Plan Map
3. Supplemental Data
4. Agency Comments
5. Public Comments
6. Initial Study IS 22-20
I. EXECUTIVE SUMMARY
The applicant requests approval of a Rezone of a 0.14+ acre property from "C3" Service Commercial to "C2" Community Commercial for the purpose of selling retail cannabis, which is not a permitted use in the "C3" zoning district. The property is located at 11377 Highway 29, Lower Lake (APN: 049-300-02). In addition, the applicant requests approval of a General Plan Amendment of the property from Service Commercial to Community Commercial. The applicant has indicated that no site improvements are proposed. The site contains a two-story, 2000 sq. ft. building and six (6) marked parking spaces.
CEQA - since a denial recommendation is being presented, CEQA does not apply.
Approval of this project would result in 'spot zoning', the creation of a single-parcel zoning district, surrounded by other zoning districts. While not prohibited by State or County regulations, this is not a Best Practice for Planning because it could create an incompatibility with the surrounding parcels. The Department is unable to support the application and recommends denial.
II. RECOMMENDATIONS
Staff recommends that the Planning Commission provide the following recommendations to the Lake County Board of Supervisors:
A. That the Board does not adopt Negative Declaration (IS 22-20) for General Plan Amendment, GPAP 22-01 and Rezone, RZ 22-01 ...
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