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Lake County board accepts withdrawal of biomass facility permit application; appeal denied as moot
Summary
The Lake County board accepted the applicant's withdrawal of a major use permit for a proposed biomass facility in Upper Lake and voted to deny an outstanding appeal as moot after the applicant's representative confirmed the project would be postponed and reintroduced later.
Lake County board members accepted the withdrawal of a major use permit application for a proposed biomass facility in Upper Lake and, because of that withdrawal, denied an outstanding appeal as moot.
Community Development Director Marie Turner told the board staff had received an email from Scotts Valley Energy Corporation stating its intent to withdraw the use-permit application for the AG Forest Wood Processing Bioenergy Project at 755 East State Highway 20 in Upper Lake. "Staff did receive an email from the Scotts Valley Energy Corporation, voicing their intent to withdraw their use permit application," Turner said.
The applicant's representative, Patrick Gallardo, who identified himself as the tribe's director of finance and interim economic development director, was sworn and confirmed the project would be postponed and reintroduced at a later time. "The tribe has decided to postpone the project and reintroduce it at a later time," Gallardo said; the board treated that statement as the applicant's withdrawal.
Marsha Birch, speaking on behalf of appellant Larry Khan, asked the board to take formal action so the application would not remain in limbo and said her client "will gladly withdraw the appeal if the board takes whatever action County Council believes is necessary," giving the board a clear procedural path to close the matter.
County legal counsel advised the board it could accept the withdrawal of the application and then accept the withdrawal of the appeal and deny the appeal as moot. Staff said they would update OpenGov to move the project's status to closed and finalize any cost-recovery matters for the record.
The board voted first to accept the withdrawal of the application for major use permit UP23-05 and initial study IS 23-10; the motion was made, seconded and passed by unanimous voice vote. The board then voted to accept the withdrawal of appeal PL25-22AB2406 and deny the appeal due to the application's withdrawal; that motion also passed by unanimous voice vote. No roll-call tally was recorded on the transcript; the approvals were announced by voice as unanimous.
Board members and staff discussed, but did not resolve, whether any lease or authorization related to the site should be rescinded at this meeting; counsel and staff indicated that lease issues would be handled on a future agenda as needed.
After the votes the chair announced a five-minute break.
