To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
title
Revocation of PLN-11065-CUP, Humboldt Emerald Triangle, LLC, a Conditional Use Permit and Coastal Development Permit for Failure to Pay Measure S Taxes.
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing; and
2. Adopt the resolution (Attachment 1) which does the following:
a. Find the permit has been exercised contrary to the terms and conditions of approval; and
b. Revoke the Conditional Use Permit per Section 312-14 of the Humboldt County Code.
3. Close the public hearing; and
4. Direct the Clerk of the Board to give notice of the decision to the appellant, the Planning and Building Department, and any other interested party
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Core Services/Other
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
Executive Summary
This item requests the Board of Supervisors revoke the approved Conditional Use Permit and Coastal Development Permit for cannabis cultivation due to the permit being exercised contrary to the terms, requirements, and conditions of approval. Revocation is appropriate due to permit holder’s failure to pay required Measure S taxes as outlined in Humboldt County Code 719-4, and as conditioned by the permit.
On March 5, 2020, the Humboldt County Planning Commission approved a Conditional Use Permit and a Coastal Development Permit (PLN-11065-CUP) for Humboldt Emerald Triangle, LLC for 28,656 square feet of existing mixed light within three (3) existing greenhouses and 9,800 square feet of existing outdoor commercial cannabis cultivation on the property identified as APN’s 308-131-012 and 308-131-020, also identified as 2121 Table Bluff Road.
On Jan 9, 2024, a letter was sent to the permit holder regarding any potential outstanding balances for fees and Measure S taxes. This also included an email to the permit holder of record. The notice required the permit holder to pay all outstanding fees with the Planning and Building Department and at minimum, start a payment plan with the Humboldt County Tax Collector regarding Measure S. A date of March 31, 2024, was given to have this completed or the permit would be suspended and permit revocation could follow. On May 3, 2024, a letter was sent to the permit holder stating they had not developed a Payment Plan with the Tax Collector as of March 31, 2024. This letter stated that the permit had been suspended under Humboldt County Code Section 312-14.1. The letter stated that the permit holder had ninety (90) days to come into compliance or their permit would be scheduled for revocation.
To date, the outstanding balance of $151, 293.75 for Measure S taxes has not been paid and the permit is out of compliance with the terms and conditions of the permit and Humboldt County Code (719-4). In addition, pursuant to Section 719-8 of the Humboldt County Code, failure to pay the Measure S taxes shall constitute a public nuisance.
The permit holder seems to have disappeared, and it is not expected the Measure S taxes will be paid. There is a new owner of the property who would like to permit the site for cannabis cultivation, but this cannot be done while there is an existing permit belonging to somebody else. This will allow this site to be permitted.
SOURCE OF FUNDING:
There is no identified funding source for this action. This is funded by the General Fund Contribution to department operations.
FINANCIAL IMPACT:
There are no funds that have been identified to cover the costs of processing this revocation.
OTHER AGENCY INVOLVEMENT:
Humboldt County Tax Collector
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could choose not to revoke the Permits. The Planning and Building Department does not recommend this because of the continued cost of permitting and inspections, as well as the potential continued loss of tax funds and operator fees.
ATTACHMENTS:
NOTE: The attachments supporting this report have been provided to the Board of Supervisors; copies are available for review in the Clerk of the Board's Office.
1. Attachment 1 - 11065-CUP Draft Resolution
2. Attachment 2 - 11065-CUP Notice OF Revocation Letter
3. Attachment 3 - Planning Commission Resolution of Approval
PREVIOUS ACTION/REFERRAL:
Meeting of: March 5, 2020, Planning Commission
File No.: 20-266