2. 21-314 9:10 a.m. Public Hearing to consider MAJOR USE PERMIT (UP 19-46) on Thursday, April 22, 2021, 9:10 a.m., in the Board of Supervisors' Chambers, 255 N. Forbes Street, Lakeport, California. Due to the COVID-19 crisis, meetings of the Lake County Planning Commission will be available for participation virtually via Zoom and in the Board Chambers subject to social distancing requirements. Applicant/Owner: Stuart Spivack. Proposed Project: Applicant is applying for a total of 28,012 square feet canopy area within a total of 28,252 square feet of cultivation area and facilities including (2) 120 square feet accessory structures and water tanks. Location: 1027 Watertrough Road, Clearlake Oaks, CA; APN(s): 628-100-10. Environmental Evaluation: Mitigated Negative Declaration (IS 19-65).
As the Lake County Board of Supervisors has proclaimed this Bird Appreciation Month. I ask that you take a step back from permitting the cannabis project before you today and take a deeper look at the biological field studied. They are incomplete in that the one-day site visit does not encompass the diversity of the bird species, especially addressing migratory birds (birds seen in August don’t include those here in February). Nor does it address their food chain (insects) and habitat needs (cavities, shrub, grasses). Phoebe Parker-Shames’ research on cannabis has no data ready to address long-term climate change or affect on wildlife. Noted entomologist/author Doug Tallamy new book the Nature of Oaks is an entire book that focuses on changes in each month on a single oaks’ life. When asked if he could share data on the effect of insects and cannabis grow relationships, his reply was “I have nothing”. The data is not out to explore yet. – oaks are so valuable. R
Cleary multiple violations of CC&R's, detrimental to the environment and quality of life for residents of the Double Eagle.
Our roads have been damaged to the point that FEDEX will no longer deliver certain roads, 3 wildfires last year and no less than five new wells drilled.
People unknown on the ranch have been littering the roads with beer cans and shooting with ignorance or indifference to laws and
common sense. You are giving away our Ranch, roads, water and safety for tax revenue.
For years you have turned a blind eye to the illegal growing of marijuana and now your solution is to permit it.
Crime rises to the level that a community will tolerate and I am telling you that we have had enough.
Should you continue with the permit process I will be seeking compensation for my loss of use, property devaluation and the mental duress that comes from no longer knowing my neighbors and wondering which way the bullets are flying and which way the DUI's are driving.
Don't Tread on DERPOA
Water: 650 k gal year. Wells run dry . Well needs test
Roads: Watertrough. only exit . Mitigation require driveway to hold 75k lb. but not road. Road not designed for weight. Trucks crack pavement. . Applicant claims 168 trips, 700 last year. Residents can’t have access threatened. Road should be studied in CEQA review
Fire: Double Eagle extreme fire zone. Rocky Fire destroyed 8 homes. threat yearly Fire trucks difficulty getting in, finding water. Proposed project compounds danger. Fire standards 2 ½ miles of road unaddressed in mitigation plan. CEQA review needed
CC&Rs
Commercial activity prohibited. Only residences. Applicant’s proposal violates . County should not permit. Need CEQA review
Compliance - project not new, existed years w/o permit , grading w/o permit. Proposal claims will grow without artificial light not true . Operation bigger than requested in permit.
County hasn’t adequate staff
The CEQA study does not address the core issue that underlies all other issues which is water, and how our unique aquifer is ill suited to such enterprises which are prohibited here anyway.
A thoughtful look at our hydrologic characteristics would have found that because our hill is small and tall, it’s only recharge is from rain, and we got very little this year. More discharge than recharge for very many years is a recipe for multiple disasters. The study admits the is no depletion threshold in our county and says there is “no way to verify if the water usage will be detrimental to the surrounding area.”
It therefore fails to address our crucial concerns that, in disagreement with the study, will likely drive us from our homes. This application should be rejected or a full EIR should be ordered to find out just how poorly suited to our residential neighborhood this massive water discharge will be with impacts to trees, wells, fire risk, and years of struggle to make our homes here.
I STRONGLY OPPOSE UP1946. It will have a major negative impact on the residents of Double Eagle & it's overall infrastructure. DE was created to be a res area for those that prefer a more rural lifestyle. Foreseeing issues with long term sustainability, the original owners created an HOA; recorded with the county in 1971. The CC&R's strictly prohibit commercial enterprises for many reasons, not limited to; The water table can't support large draws even in wet years. Many have wells that produce <10gpm. There's no SGMA plan created for the area. To allow a permit to draw 600,000+ gal from a 10gpm well is IRRESPONSIBLE!! Having water brought in creates more issues. The project is located 2.3miles off Hwy20. The roads are 100%maintained by the HOA, can't support 75,000lb trucks & aren't wide enough for 2 vehicles in many places. With 1 main road, it's a big concern. In 2020, the ranch had 3 fires. 1 was located on the access road. Loss of use is a very real possibility for many residents.
The CC and Rs of the Double Eagle Ranch prohibit any commercial activity on any parcel! The founders intention was to create equal distribution of limited ranch resources among its' members and protect a precious and vital wildlife ecosystem.This projects projected water use will impact other aquifers and potentially restrict access and availability to diverse wildlife who use the creek as primary water source.This grower has already constructed several hoop houses with lights and ran a generator all night last summer. Who will be responsible for enforcing and monitoring compliance on this project? Double Eagle Ranch Property Association maintains it's private roads through annual dues and cannot afford the potential road damage related to this commercial operation. Water truck deliveries to illegal pot grows have already burdened Derpoa with unmangeable repair needs. Watertrough road is the ONLY exit for ranch inhabitants during fire season and only access by emergency vehicles.
As the Lake County Board of Supervisors has proclaimed this Bird Appreciation Month. I ask that you take a step back from permitting the cannabis project before you today and take a deeper look at the biological field studied. They are incomplete in that the one-day site visit does not encompass the diversity of the bird species, especially addressing migratory birds (birds seen in August don’t include those here in February). Nor does it address their food chain (insects) and habitat needs (cavities, shrub, grasses). Phoebe Parker-Shames’ research on cannabis has no data ready to address long-term climate change or affect on wildlife. Noted entomologist/author Doug Tallamy new book the Nature of Oaks is an entire book that focuses on changes in each month on a single oaks’ life. When asked if he could share data on the effect of insects and cannabis grow relationships, his reply was “I have nothing”. The data is not out to explore yet. – oaks are so valuable. R
Cleary multiple violations of CC&R's, detrimental to the environment and quality of life for residents of the Double Eagle.
Our roads have been damaged to the point that FEDEX will no longer deliver certain roads, 3 wildfires last year and no less than five new wells drilled.
People unknown on the ranch have been littering the roads with beer cans and shooting with ignorance or indifference to laws and
common sense. You are giving away our Ranch, roads, water and safety for tax revenue.
For years you have turned a blind eye to the illegal growing of marijuana and now your solution is to permit it.
Crime rises to the level that a community will tolerate and I am telling you that we have had enough.
Should you continue with the permit process I will be seeking compensation for my loss of use, property devaluation and the mental duress that comes from no longer knowing my neighbors and wondering which way the bullets are flying and which way the DUI's are driving.
Don't Tread on DERPOA
Water: 650 k gal year. Wells run dry . Well needs test
Roads: Watertrough. only exit . Mitigation require driveway to hold 75k lb. but not road. Road not designed for weight. Trucks crack pavement. . Applicant claims 168 trips, 700 last year. Residents can’t have access threatened. Road should be studied in CEQA review
Fire: Double Eagle extreme fire zone. Rocky Fire destroyed 8 homes. threat yearly Fire trucks difficulty getting in, finding water. Proposed project compounds danger. Fire standards 2 ½ miles of road unaddressed in mitigation plan. CEQA review needed
CC&Rs
Commercial activity prohibited. Only residences. Applicant’s proposal violates . County should not permit. Need CEQA review
Compliance - project not new, existed years w/o permit , grading w/o permit. Proposal claims will grow without artificial light not true . Operation bigger than requested in permit.
County hasn’t adequate staff
The CEQA study does not address the core issue that underlies all other issues which is water, and how our unique aquifer is ill suited to such enterprises which are prohibited here anyway.
A thoughtful look at our hydrologic characteristics would have found that because our hill is small and tall, it’s only recharge is from rain, and we got very little this year. More discharge than recharge for very many years is a recipe for multiple disasters. The study admits the is no depletion threshold in our county and says there is “no way to verify if the water usage will be detrimental to the surrounding area.”
It therefore fails to address our crucial concerns that, in disagreement with the study, will likely drive us from our homes. This application should be rejected or a full EIR should be ordered to find out just how poorly suited to our residential neighborhood this massive water discharge will be with impacts to trees, wells, fire risk, and years of struggle to make our homes here.
See attached letter
April 21, 2021
Re: Frosty Oaks, LLC Environmental Impact Study April 21, 2021
Please see attached document for specific comments.
I STRONGLY OPPOSE UP1946. It will have a major negative impact on the residents of Double Eagle & it's overall infrastructure. DE was created to be a res area for those that prefer a more rural lifestyle. Foreseeing issues with long term sustainability, the original owners created an HOA; recorded with the county in 1971. The CC&R's strictly prohibit commercial enterprises for many reasons, not limited to; The water table can't support large draws even in wet years. Many have wells that produce <10gpm. There's no SGMA plan created for the area. To allow a permit to draw 600,000+ gal from a 10gpm well is IRRESPONSIBLE!! Having water brought in creates more issues. The project is located 2.3miles off Hwy20. The roads are 100%maintained by the HOA, can't support 75,000lb trucks & aren't wide enough for 2 vehicles in many places. With 1 main road, it's a big concern. In 2020, the ranch had 3 fires. 1 was located on the access road. Loss of use is a very real possibility for many residents.
Kerrian Marriott attached opposing letters on behalf of Darius Wadia
April 21, 2021
Re: Frosty Oaks, LLC Environmental Impact Study & Double Eagle Ranch Exclusion Zone Placement
Dear Members of Lake County Planning Commission and Concerned Parties,
The CC and Rs of the Double Eagle Ranch prohibit any commercial activity on any parcel! The founders intention was to create equal distribution of limited ranch resources among its' members and protect a precious and vital wildlife ecosystem.This projects projected water use will impact other aquifers and potentially restrict access and availability to diverse wildlife who use the creek as primary water source.This grower has already constructed several hoop houses with lights and ran a generator all night last summer. Who will be responsible for enforcing and monitoring compliance on this project? Double Eagle Ranch Property Association maintains it's private roads through annual dues and cannot afford the potential road damage related to this commercial operation. Water truck deliveries to illegal pot grows have already burdened Derpoa with unmangeable repair needs. Watertrough road is the ONLY exit for ranch inhabitants during fire season and only access by emergency vehicles.