To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Denial of Fourteen (14) Cannabis Permit Applications Due to Lack of Information
Assessor Parcel Numbers (APN) 216-201-003 (11870); 210-131-008 (12173), 220-272-002 (12073), 304-061-060 (12097), 217-213-020 (12273), 221-240-014 (12416), 304-051-009 (12430), 206-331-037 (12435), 204-202-007 (12450), 223-311-031 (12528), 529-201-030, 529-201-028 (12727), 522-013-009 (12626), 204-251-010 (12638), and 520-091-004 (12678).
Record Numbers: PLN-11870-CUP, PLN-11872-CUP, PLN-12073-CUP, PLN-12097-ZCC, PLN-12273-CUP, PLN-12416-SP, PLN-12430-SP, PLN-12435-ZCC, PLN-12450-ZCC, PLN-12528-SP, PLN-12727-SP, PLN-12626-SP, PLN-12638-CUP, and PLN-12678-SP.
Location: In the unincorporated areas of Humboldt County.
Denial of Five (5) Conditional Use Permits, Six (6) Special Permits and Three (3) Zoning Clearance Certificates (ZCC).
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolutions (Resolution 24-__). (Attachment 1-14) which does the following:
a. Finds that the cannabis permit application projects are 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 to demonstrate the proposed projects comply with the General Plan and Zoning Ordinance; and
c. Denies the five (5) Conditional Use Permits, six (6) Special Permits and three (3) Zoning Clearance Certificates (ZCC). PLN-11870-CUP, PLN-11872-CUP, PLN-12073-CUP, PLN-12097-ZCC, PLN-12273-CUP, PLN-12416-SP, PLN-12430-SP, PLN-12435-ZCC, PLN-12450-ZCC, PLN-12528-SP, PLN-12727-SP, PLN-12626-SP, PLN-12638-CUP, and PLN-12678-SP.
Body
DISCUSSION:
Environmental Review: The proposed projects are 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: These projects are NOT appealable to the California Coastal Commission
Major Concerns: Inconsistency with Humboldt County Code, lack of adequate information to support making required findings for approval, and a generally unresponsive applicant.
Executive Summary: For Zoning Administrator consideration are fourteen applications, Five (5) Conditional Use Permits, Six (6) Special Permits and Three (3) Zoning Clearance Certificates (ZCC), under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) described below:
1. PLN-11870-CUP, Cannatopia: Project Letter of Intent to RRR to #11475 for 107-106-005, An application for a Conditional Use Permit for 21,825 square feet; existing outdoor medical cannabis cultivation. Water source is an onsite well. Water storage onsite is one (1) 20,000-gallon bladder. Processing would be performed onsite. Power source is a generator.
On August 29, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
2. PLN-11872-CUP, Coastal Prairie LLC: A Special Permit to Retire, Restore and Relocate (RRR) 50,500 sf of existing cannabis cultivation from APN 216-201-005 to APN 209-311-001. All cultivation equipment and debris will be removed. Soils will be tilled and reseeded with native grass. Disturbed areas will be stabilized. The receiving site is host to 170,000 sf of existing of dry-farmed cannabis cultivation and processing is done off-site.
On August 29, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
3. PLN-12073-CUP, Michael Dawson Carter: A Conditional Use permit for 3400 OD 870 ML 4270 Total.
On August 29, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
4. PLN-12097-ZCC, CG Pods: A Zoning Clearance Certificate for new 9,500 square-feet (sf) mixed light commercial cannabis cultivation operation. The applicant proposes two (2) cultivation cycles per annum. In addition, up to 950 sf ancillary propagation area is proposed within an existing on-site accessory building. Annual projected water use is 100,000 gallons (9.6 gallons per square foot including an ancillary propagation area) and is sourced from a permitted well. Water storage totals 10,000 gallons. Processing is proposed to occur off-site at a licensed third-party processing facility until the applicant is able to retrofit an existing structure to commercial standards. Power is supplied by PG&E and solar panels.
On August 29, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
5. PLN-12273-CUP, Blocksburg Family Farms LLC: Applicant seeks a Conditional Use Permit for 43,560 square feet of new outdoor cannabis cultivation. The water source will be provided by a combination of a spring and two 50,000-gallon rainwater catchment ponds. The applicant’s total water storage capacity is 20,000 gallons. Processing will occur offsite, until construction of a processing building onsite. No information of power was provided.
On August 29, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
6. PLN-12416-SP, Lost Coast Collective, Inc.: A Special Permit for 5,707 square feet of mixed light and 3,469 square feet of outdoor existing cultivation.
On August 30, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
7. PLN-12430-SP, Humboldt Original Growers, Inc.: A Zoning Clearance Certificate for new 10,000 SF mixed light, SP for 2000 SF of indoor and for new wholesale nursery.
On August 26, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
8. PLN-12435-ZCC, Shelley Hisken: 5,000 SF of New Mixed Light Cultivation (Changed to CUP because ZCC in Community Planning Area).
On September 11, 2024, a letter (On file), was sent to applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
9. PLN-12450-ZCC, Operation RX: The Applicant is seeking a Conditional Use Permit for 2,700 square feet of new indoor and 2,300 square feet of new mixed light medical cannabis cultivation. Irrigation water is sourced from the Hydesville Community Water District. No water storage is proposed or existing onsite. Four employees are required for operations. Power is provided by PGE.
On August 30, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
10. PLN-12528-SP, Stoneheart Group, Inc.: A Special Permit for Manufacturing Level 1.
On August 30, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
11. PLN-12727-SP, Cheenitch Creek Farms: The Applicant is seeking a Special Permit for Existing 10000 OD.
On August 27, 2024, a letter (On file), was sent to applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
12. PLN-12626-SP, BlakHum Organics, LLC: A Special Permit for an existing 10,000 square foot (SF) cannabis cultivation operation. Irrigation water is sourced from a Class II stream diversion and applicant proposes a groundwater well. Total water storage is 10,000 gallons in four (4) tanks. Processing occurs onsite and the applicant proposes construction of a new commercial processing building and agricultural building for materials storage. Generators provide power to the operation.
On September 16, 2024, a letter (On file), was sent to applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
13. PLN-12638-CUP, Carlotta Mill LLC: The Applicant is seeking a Conditional Use Permit for 10,000 square feet of new indoor cultivation, and three Special Permits for manufacturing, processing, and distribution. Water is provided by an existing well onsite and a proposed rainwater catchment system. Water storage is proposed onsite in the form of two 50,000-gallon metal water storage tanks used for rainwater catchment. Power is provided through PG&E. The Applicant intends to enroll in the PGE solar credit program to offset their electrical use for indoor activities. The project proposes the construction of four buildings with a corresponding eight parking spaces and a loading/unloading zone to facilitate cannabis operations onsite.
On September 20, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
14. PLN-12678-SP, Sionis Ranch, Inc.: a Special Permit for new cannabis cultivation - 5000 square feet indoor.
On September 17, 2024, a letter (On file), was sent to the applicant which provided two options, to submit a withdrawal request in writing, or provide the items requested by the County in previous communications. The letter further stated that a response was required within 30 days, and if a response was not received, the Planning Department would be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
The project history and project files associated with these permit applications demonstrate a lack of information required to determine consistency with the CMMLUO and a lack of responsiveness from the applicant.
OTHER AGENCY INVOLVEMENT:
Any referrals that may be associated with one or more of these projects are irrelevant, due to the recommendation of denial for lack of information and/or responsiveness.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect to direct staff to continue to work with the applicants to resolve the outstanding issues and continue processing the applications 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. Project Location Sheet
2. 11870 Draft Resolution
3. 11872 Draft Resolution
4. 12073 Draft Resolution
5. 12097 Draft Resolution
6. 12273 Draft Resolution
7. 12416 Draft Resolution
8. 12430 Draft Resolution
9. 12435 Draft Resolution
10. 12450 Draft Resolution
11. 12528 Draft Resolution
12. 12727 Draft Resolution
13. 12626 Draft Resolution
14. 12638 Draft Resolution
15. 12678 Draft Resolution
APPLICANT, OWNER, AGENT AND PLNNER INFORMATION:
PLN-11870-CUP
Applicant: Cannatopia, Tim Clark, PO Box 147, Alderpoint, CA 95511
Owner: Tim Clark, PO Box 147, Alderpoint, CA 95511
Agent: Eugene Denson, PO Box 158, Alderpoint, CA 95511
PLN-11872-CUP
Applicant: Coastal Prairie, Iris Carpenter, PO Box 781, Miranda, CA 95553
Owner: Tim Clark, PO Box 147, Alderpoint, CA 95511
Agent: Eugene Denson, PO Box 158, Alderpoint, CA 95511
PLN-12073-CUP
Applicant: Michael Dawson Carter, 1630 Perry Meadow Road, Briceland, CA 95569
Owner: Eric Doricko, 2076 Wilkins Ave, Napa, CA 94559
Agent: Trey Sherrell, no address provided.
PLN-12097-ZCC
Applicant: CG Pods, Miguel Perez, 1507 7th St, Ste 70, Santa Monica, CA 90401
Owner: Miguel Perez, 7305 Berta Road, Eureka, CA 95503
Agent: Megan Quinn, 1377 Beverly Drive, Arcata, CA 95521
PLN-12273-CUP
Applicant: Blocksburg Family Farms, Dakota Ringo, PO Box 238, Blocksburg, CA 95514
Owner: Ronald Glass, 1540 Xavier Ct, Fortuna, CA 95540
Agent: Green Road Consulting, [Closed Business]
PLN-12416-SP
Applicant: Lost Coast Collective, Inc., Enoch Tatton, 1271 Evergreen Road, 218, Redway, CA 95560
Owner: Mykal R Coelho, PO Box 1613, Redway, CA 95560
Agent: Janssen Malloy, Jeff Slack, PO Drawer 1288, Eureka, CA 95502
PLN-12430-SP
Applicant: Humboldt Original Growers Inc, Curran Sanchez, 600 F Street, Ste 3, PMB 935, Arcata, CA 95521
Owner: Curran Sanchez & Kelly Kimberlee, 808 Tanglewood Rd, Eureka, CA 95503
Agent: N/A
PLN-12435-ZCC
Applicant: Shelley Hisken, 1708 Meadowlark, Fortuna, CA 95540
Owner: Hisken Timothy E, 1708 Meadowlark Ct, Fortuna, CA 95540
Agent: Dan Mar, PO Box 104, Bayside, CA 95524
PLN-12450-ZCC
Applicant: Operation: RX, Dennis Bonneau, 2880 NW 82 Way, Pembroke Pines, FL 33024
Owner: Fisch David A & Christina A Tr, 3150 Johnson Rd, Hydesville, CA 95547
Agent: N/A
PLN-12528-SP
Applicant: Stoneheart Group, Inc., Nick Nochera, 2804 Gateway Oaks Dr., 200, Sacramento, CA 95833
Owner: Thomas Harwood, PO Box 264, Redway, CA 95560
Agent: North Coast Environmental Law, 822 G St Suite 7, Arcata, CA 95521
PLN-12727-SP
Applicant: Cheenitch Creek Farms, Lang Kinzie, PO Box 192, Orleans, CA 95556
Owner: Hirshberg Caryle & America Cristina, 6243 Rohnerville Rd, Hydesville, CA 95547
Agent: N/A
PLN-12626-SP
Applicant: BlakHum Organics, LLC, Courtney Dodson, 600 F Street, Suite 3 PMB 212, Arcata, CA 95521
Owner: ICG Investements LLC, c/o Bruce Little, 750 Old Hickory Blvd., Bldg 2, Suite 150, Brentwood, TN 37027
Agent: N/A
PLN-12638-CUP
Applicant: Carlotta Mill LLC, Jenna Carrico, PO Box 37, Carlotta, CA 95528
Owner: Carlotta Mill LLC Co, PO Box 369, Scotia, CA 95565
Agent: Green Road Consulting, [Closed Business]
PLN-12678-SP
Applicant: Sionis Ranch Inc, Emma Haskett, 600 F Street, Ste 3 #839, Arcata, CA 95521
Owner: Lois Byrns, PO Box 307, Orick, CA 95555
Agent: N/A
Please contact Suzanne Lippre, Administrative Analyst, at slippre@co.humboldt.ca.us or 707-268-3728 if you have questions about this item.