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Recently we have had to address commercial cannabis cultivation applications located within Double Eagle Ranch. The process for a use permit can be quite lengthy and expensive so before any time or money is spent, Double Eagle Ranch encourages realtors and clients to review the CC&R's available on this website prior to considering purchase. Please be advised that the CC&R's state that commercial use is prohibited and will not be allowed. The CC&R's are in addition to any county, state and federal regulations. Below is findings from the Lake County Planning Department which resulted in the Lake County Planning Commission denying use application(s). Please contact us with any questions.
VI. MAJOR USE PERMIT FINDINGS FOR APPROVAL
The Review Authority shall only approve or conditionally approve a Major Use Permit (LCZO Section 51.4, Major Use Permits) if all of the following findings are made:
1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County. Response: The proposed use of commercial cannabis cultivation operation is permitted in the Rural Lands zoning designation upon issuance of a Major Use Permit according to Article 27 of the Lake County Zoning Ordinance. The zoning ordinance provides project-specific details to incorporate measures that will alleviate potential detriments to the general welfare of the community such as buffer zones, installing security, road maintenance, and installing a water meter. The general requirement also includes providing specific plans such as security plans, erosion and sediment prevention plans, stormwater plans, water management plans, and other plans to ensure that the proposed use would address and minimize various factors that will potentially impact the neighboring areas. The project is located within an existing CC&Rs, the Double Eagle Ranch Property Owners’ Association (DERPOA), with a list of permissible land use established by the association that the property owner must oblige to upon acquiring such properties. Under the DERPOA Declaration Section I. Permissible Land Use addresses that “Commercial Use is Prohibited. No trade, commercial or manufacturing enterprise shall be conducted on any property, nor shall anything be done thereon which may become an annoyance or nuisance to the residents of the neighborhood..”. The Declaration of the CC&Rs intends to protect the morals, comfort, and general welfare of the person residing within this community and it was an agreement among the residence and DERPOA. Although the County may not enforce the CC&Rs, the CC&Rs do represent the prevailing view of what constitutes the comfort and general welfare of their neighborhood. Therefore, the proposed project does not meet this finding and violates the existing CC&Rs that encompass the statement of this finding.
A. Deny Mitigated Negative Declaration.
B. Deny Major Use Permit with the following findings:
1. That the establishment, maintenance, or operation of the use applied for will under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or be detrimental to property and improvements in the neighborhood or the general welfare of the County.