To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Lorrie Loveman
Assessor Parcel Number(s) (APN) 105-031-002
Record No.: PLN-12352-CUP
Petrolia area
Denial of a Conditional Use Permit for 23,700 square feet of existing mixed light cannabis cultivation. Proposed structures, water use, cultivation schedule, and energy use are unknown.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 24-__). (Attachment 1) which does the following:
a. Finds the Lorrie Loveman project statutorily exempt from the California Environmental Quality Act (CEQA) per section 15270 (Projects Which Are Disapproved) of the State CEQA Guidelines; and
b. Finds that the applicant has not provided sufficient evidence necessary to make the required findings of approval; and
c. Denies the Lorrie Loveman Conditional Use Permit (PLN-12352-CUP).
Body
DISCUSSION:
Project Location: This project is in Humboldt County, in the Petrolia area, approximately 1.8 miles West-Southwest from the intersection of Lighthouse Road and Evergreen Way, on the property known as Assessor Parcel 105-031-002 in Section 18 of Township 02 South, Range 02 West, Humboldt Base and Meridian.
Present General Plan Land Use Designation: Agriculture Exclusive/Grazing Lands (AEG), South Coast Area Local Coastal Plan, Slope Stability: Low Instability.
Present Zoning: Agriculture Exclusive (AE) 600. Archaeological Resource Area Outside Shelter Cove (A), Coastal Wetlands (W), Flood Hazard Areas (F), Streams and Riparian Corridor Protection (R) combining zones.
Environmental Review: The proposed project is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines.
State Appeal: This project is appealable to the California Coastal Commission
Major concerns: Inconsistency with Humboldt County Code, lack of adequate information to support making required findings for approval, unpermitted cultivation activities, and a generally unresponsive applicant.
Executive Summary: For Zoning Administrator consideration is an application under the Coastal Commercial Cannabis Land Use Ordinance (CCCLUO); application PLN-12352-CUP, a Conditional Use Permit application for 23,700 square feet of existing mixed light cannabis cultivation on APN 105-031-002. Information regarding water source and use, proposed structures, power source, noise levels, cultivation schedule, and staffing needs are unknown.
The application was originally submitted after the adoption of the Commercial Medical Marijuana Land Use Ordinance (CMMLUO), however the CMMLUO has not been certified in the Coastal Zone by the California Coastal Commission. To proceed in the permitting process the application must be processed under the Coastal Commercial Cannabis Land Use Ordinance.
The application was filed December 29, 2016. On September 17, 2017, staff correspondence was sent to the applicant requesting additional information to process the permit application, however no response was received. In June of 2019 an Application Assistance meeting was scheduled for the application, and notes on file indicate the parcel had no access and is currently not approvable due to parcel size limitations. On February 1, 2023, additional correspondence was sent to the applicant via email and the US Postal Service. The letter stated that the Planning Department had not received the required information to process the permit, and informed the applicant that a response would be required within 30 days. The responses included an option to withdraw the application, or an alternative option to request an application review resulting in a list of items necessary to continue processing the application. The letter further indicated that if no response was received, the project would be scheduled for hearing with the information available on file, which would likely result in a recommendation of denial. No response has been received to date.
Additionally, it appears that cultivation activities may have occurred without a valid permit or State license. Aerial imagery has been included as an attachment showing what appears to be cultivation during the 2018 and 2021 cultivation seasons.
OTHER AGENCY INVOLVEMENT:
Complete application materials have not been received to date. The project was not referred to responsible agencies and recommendations were not received.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Zoning Administrator could elect to direct staff to continue to work with the applicant to resolve the outstanding issues and continue processing the application in accordance with HCC Section 312-4.1 et seq. However, due to the extended amount of time that deficiencies have remained unresolved and the lack of responsiveness from the applicant, staff does not recommend this alternative.
ATTACHMENTS:
1. Resolution
2. Location Maps
3. Planning Department Correspondence
4. Application Assistance Meeting Checklist
5. Aerial Imagery
Applicant
Lorrie Loveman
PO Box 1116
Trinidad CA, 95570
Owner
Lorrie Loveman
PO Box 1116
Trinidad CA, 95570
Agent
N/A
Please contact Michael Holtermann, Planner, at mholtermann@co.humboldt.ca.us or 707-268-3737 if you have any questions about the scheduled item.