Agenda Item
6 21-522 9:30 a.m. Public Hearing to consider MAJOR USE PERMIT (UP 19-32). Applicant: Patrick Smythe. Owner: Patrick Smythe. Proposed Project: Applicant is applying for a total of 41,796 square feet canopy (32,076 square feet outdoor cultivation and 9,720 square feet mixed-light cultivation) area within a total of 44,121 square feet of cultivation area and facilities including three (3) 30' x 108' greenhouses, one (1) 1,800 square foot processing facility, one (1) 525 square foot, one (1) 1,225 square foot concrete pad to hold to hold nine (9) 1,500-gallon water storage tanks and three (3) 3,500-gallon water storage tanks. Location: 19697 and 19713 East Road, Lower Lake, CA; APN(s): 012-049-17 and 012-049-18. Environmental Evaluation: Mitigated Negative Declaration (IS 19-50).
This application is incomplete and cannot be approved at this time. The Staff Report fails to address key issues. The county employee assigned to this project omitted pertinent information and failed to address several major issues related to easements, water, and noxious odors. The staff member only responded poorly and inadequately to my concerns on 6-8-2021, leaving no time for discussion or rebuttal. Furthermore, the county failed to provide proper public notice of this hearing. The Commission cannot make a finding based on the inadequate Staff Report and must send it back to the Planning Department for further review.
Per Article 27 at i. Permits, (b) Minor and Major Use Permits for Commercial cannabis cultivation, d. Permit application supplemental information, (10) Site Plan: "A site plan is a graphic representation of the project consisting of maps, sit plans, or drawings prepared by a design professional consistent with the requirements of the Department pursuant to Article 55.5."
In the California Civil Code, "Design professional means a person licensed as an architect pursuant to Chapter 3 of Division 3 of the Business and Professions Code, licensed as a landscape architect pursuant to Chapter 3.5 of Division 3 of the Business and Professions Code, registered as a professional engineer pursuant to Chapter 7 of Division 3 of the Business and Professions Code, or licensed as a land surveyor pursuant to Chapter 15 of division 3 of the Business and Professions Code."
The Site Plans prepared for this Major Use Permit Application do not appear to have been prepared by a Design Professional.