- Elizabeth Larson
- Posted On
WeGrow owner appeals cannabis project denial to Board of Supervisors
Zarina Otchkova, owner of WeGrow LLC, filed the appeal with the board on March 2, within the seven-day appeal window.
The project — including growing, processing and distribution operations — would be located on a nine-acre portion of a 309-acre property located at 16750 Herrington Road, 17610 Sandy Road and 19678 Stinson Road in Middletown.
Plans include 34 greenhouses, four drying buildings, a shed, 20 water tanks and privacy fencing.
The project area is located next to Hidden Valley Lake and a number of other smaller subdivisions.
At its meeting on Feb. 24, the Planning Commission voted unanimously to deny the adoption of an initial study and the major use permit, basing those decisions on Community Development Department staff’s conclusion that the project required an environmental impact report.
The commission had approved a previous version of the project in April 2021, but a group of concerned neighbors appealed the decision.
In June 2021, the Board of Supervisors upheld the appeal based on a faulty environmental document, but did so without prejudice, which allowed Otchkova to resubmit the project, which she did later that year.
The newer version of the project included a plan to remove 130 mature blue oak trees, which was one of the key issues for the commission and staff, who concluded that plans to mitigate that tree loss were not sufficient.
The seven-page appeal document, composed primarily of county appeal forms, includes a one-paragraph summary of the reasons for making the appeal.
It states: “Applicant-Appellant WeGrow appeals the Lake County Planning Commission’s February 24, 2022 decision denying its application for a major use permit. Applicant-Appellant’s application was first filed in 2020. All of the requirements for issuance of a major use permit for the Project were and are still met. Indeed, the Community Development Department itself repeatedly and consistently recommended approval of the Project for nearly two years, prior to abruptly changing its mind just weeks before the February 24, 2022 hearing. And, in 2021, the same Project — identical in scope and content — was previously approved by the Planning Commission by a 4-0 vote. Meanwhile, the justification for now denying the permit was based on opinions about the Project advanced by vocal opposition members, rather than based on substantial evidence of a significant environmental impact. The new and different decision was thus arbitrary within the meaning of California law.”
Otchkova’s attorney, Andrew Azarmi of the Dentons law firm in San Francisco, who spoke to the Planning Commission on her behalf at the Feb. 24 meeting, did not respond to Lake County News’ request for further comment on the appeal and the project.
On Wednesday, Lake County News called a phone number with a Phoenix, Arizona, area code given as WeGrow’s primary contact number on the appeal document.
A male who answered the phone but did not identify himself confirmed it was the correct number for WeGrow. He then asked why this reporter was asking questions about the project, refused to answer questions saying he couldn’t discuss it, and added he would speak to the attorney before ending the call.
Neighbor explains concerns
Jesse Cude filed the appeal against the project on behalf of a group of about 170 residents near the project area who oppose it.
“It’s been a group effort, it’s not just me,” he said.
The group’s members live in the Hidden Valley Lake, the Ranchos, Shadow Hills, Rimrock Ranch and Donery Ridge subdivisions.
Otchkova’s property, Cude said, “is literally surrounded by subdivisions,” adding that WeGrow picked the wrong spot for the grow operation.
He said his group hired a law firm and also engaged civil engineer Brian Hall to review the initial study of the project. The review found that while WeGrow had claimed it was removing less than 500 yards of soil for the project, Hall estimated it was actually 128,000 yards of soil that would be removed.
Cude said the review also found significant stormwater runoff that was not addressed in the study and an inadequate power supply — only enough to cover a single residence.
Then there was the matter of the trees. While WeGrow said its project had not changed, Cude said the removal of the 130 blue oaks was not in the previous version of the project.
With all of the project’s significant issues — tree and soil removal, and stormwater — “It’s just too much to overcome,” said Cude.
Cude said the county did not notify him or his group about the appeal. “They didn’t keep us in the loop at all on this,” he said, adding if they hadn’t emailed the county, they wouldn’t have found out about it.
Johanna DeLong, assistant clerk of the Board of Supervisors, said Wednesday that she hadn’t yet received a copy of the appeal in order to schedule it for a hearing before the board.
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