To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
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Revocation of a Zoning Clearance Certificate for Retirement, Remediation, and Relocation of Cannabis Cultivation (PLN-12945-ZCC, Dry Farmed Organic Medicinals, Inc)
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Continue the revocation of the Zoning Clearance Certificate for Dry Farmed Organic Medicinals, Inc. to a date uncertain.
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
Executive Summary
This item requests the Board of Supervisors revoke an approved Zoning Clearance Certificate (ZCC) for Retirement, Remediation and Relocation (RRR) because the permit was obtained by misstatement of facts.
Project History
An application for a Special Permit (PLN-12945-SP) for 5,040 square feet (sf) of existing mixed light cannabis cultivation at APN 529-132-006 was submitted on Sept. 14, 2017. A suitable site for relocating the cannabis under the Retirement, Remediation, and Relocation (RRR) program was then found, and on Nov. 23, 2019, the application was modified to be a Zoning Clearance Certificate (PLN-12945-ZCC) for a retirement site under the RRR provisions of the CCLUO.
The ZCC was approved by the Humboldt County Zoning Administrator on Jan. 26, 2021, with the entitlement of retiring 5,040 sf of cultivation at APN 529-132-006 (retirement site) and relocating 20,000 sf to APN 209-191-018 (relocation site). The ZCC was approved subject to recording a Covenant to Restrict Use of Property for Cannabis Cultivation (Covenant) for the retirement site, which was executed by the property owner and subsequently recorded at the Recorder’s Office on Feb. 4, 2021 (Attachment 3).
The Covenant shows “George Devlin, aka George Bernard Devlin,” as the owner of the real property identified as APN 529-132-006. Property records available to the county on that date showed George Devlin as owner. The county then became aware that, due to the delay in updates, the owner of record on Feb. 4, 2021, and since November 10, 2020, was Shelly White, not Bernard Devlin (Attachment 2). The property was deeded from Shelly White back to Bernad Devlin on Oct. 24, 2022 (Attachment 4). The RRR retirement site was therefore approved for relocation with inaccurate information. The permit was obtained by misstatements of fact which is grounds for revocation by the Board of Supervisors (HCC Section 312-5.2.1.5 and 312-14.1.1).
The retirement site was sold to the Karuk Tribe (Tribe) on about Nov. 7, 2022. The Tribe provided parcel ownership documents to the county demonstrating that on the date of execution, the Covenant was executed by the incorrect owner. The Tribe then recorded a Recission of the Covenant on Dec. 11, 2025 (Attachment 5).
On Oct. 15, 2025, the Planning & Building Department sent the operator of the RRR relocation site (APN 209-191-018) a letter stating the Covenant was executed with inaccurate information and therefore the ZCC would be scheduled for a revocation hearing at the BOS (Attachment 6). The operator was provided with an opportunity to withdraw the ZCC entitlement and reduce the area of cultivation by 20,000 sf. As of Jan. 2026, the operator has not submitted a request to withdraw.
SOURCE OF FUNDING:
General Fund (1100)
FINANCIAL IMPACT:
Costs for preparing this report were paid by the department’s General Fund allocation.
STAFFING IMPACT:
This action has been accomplished with existing staff resources.
OTHER AGENCY INVOLVEMENT:
None
ATTACHMENTS:
N/A
PREVIOUS ACTION/REFERRAL:
Meeting of: N/A
File No.: N/A