Agenda Item
6c. 24-21PUBLIC HEARING - Consideration of proposed Major Use Permit (UP 20-40), and Mitigated Negative Declaration (IS 20-50), for cultivation of 22,000-sf of cannabis canopy inside eight greenhouses within a fenced 47,040-sf enclosure; and one Type 13 Cannabis Distributor Transport Only, Self-Distributor License; Applicant: Higher Ground Farms/John Oliver; Located: 3545 Finley East Road, Kelseyville (APN: 008-026-07)
Regarding UP20-40 Major Use Permit, I support the efforts of LARA to preserve & protect the Kelsey Creek Schoolhouse. A cannabis project or any project located next the this historic Schoolhouse should be required to have appropriate setbacks. In this case, 1,000 foot set back. I also support the suggestions made by Mr. Kelly Cox in a letter dated May 29, 2023. Mr. Cox states that this schoolhouse is a "rare and treasured historic asset and its preservation is dependent upon the viability of its future use for community purposes." Similar to the request made by Mr Cox, I implore you to review the Higher Ground Farms cannabis project further, gain a full understanding of this projects impact, and develop more adequate mitigation measures that greatly reduce the impact(s). WE have so few historic treasures in Lake County; let's make sure this one, the Kelsey Creek Schoolhouse, can be accessed & ENJOYED by all, but especially by the youth in our community.
Thank you. --Monica Rosenthal
The site plan violates California Business and Professions Codes (CA BPC) 5500.1, 5536.1, 5536.2, 6701, 6731 and 6735 for non-exempt building projects (CA BPC 5537).
This is a major commercial building project regardless of the cannabis use. All aspects of the planning and design of the buildings, structures and fixed works for non-wood framed building projects in California must be prepared by licensed architects or engineers. The licensure ensures that the site plan is not merely an illustration of the applicant’s vision but also considers a multitude of architectural and engineering principles, standards and state and federal regulations beyond the qualifications, experience or oversight responsibilities of the local reviewing agency.
The fact that the CDD does not have an architect or engineer on staff to review these projects makes this oversight responsibility even more critical to ensuring that the community, and especially the neighbors, are protected. The applicant has access to hundreds of licensed professionals throughout California to advocate for their project whereas the neighbors and the environment only have the CDD and the enforcement of the Business and Professions Codes to protect them.
As a real estate broker who has sold dozens of cannabis cultivation properties, I was surprised to see this project get to this point. Any map you look out prominently displays the schoolhouse next door. Even though students have not attended this in recent years, it still belongs to the District and it is common knowledge that plans are in place for future use. This is definitely the type of public facility that deserves a 1,000 foot setback. The applicant has not even tried to design the project to stay as far from the school as possible. I would have fired a client that insisted on locating a cultivation project here.
Much of the public comments against this are the usual NIMBY exaggerations. It might be easier to accept this project if the applicant had located the cultivation footprint at the far south end of the property, but that didn't happen. I don't think the Commission has a choice than to deny this project without incurring a certain appeal and possible lawsuit. Either you protect public facilities, especially school related, or you don't. The County of Lake has denied much more deserving projects than this one for reasons far less serious than the protection of schools.
COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone 707/263-2221 FAX 707/263-2225
Re: UP 20-40 Higher Ground Farms
To Whom it May Concern:
The Redbud Audubon Society would like to join with other citizens in protesting the establishment of the proposed large cannabis farm at 3545 Finley East Road. The concern about the impact the development will have on the historical school house building right next door needs to be reviewed more extensively.
The proximity of the cannabis project to Kelsey Creek is also a concern given that Kelsey Creek is a known Clear Lake Hitch spawning creek. Although the grading plan addresses the issue of erosion into the creek, during a flood event there could be a substantial impact on water quality if flood waters reach the area of the cannabis grow.
Thank you for considering our comments.
Roberta Lyons
Donna Mackiewicz
Redbud Audubon Society, Inc. Clearlake