To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Denial of Six (6) Cannabis Permit Applications Due to Lack of Information
Assessor Parcel Numbers (APN) 219-081-002 (11256); 220-052-007 (12388), 220-052-013 (12390), 220-261-072 (12885), 220-312-010 (12893), 316-012-008 (13362).
Record Numbers: PLN-11256-CUP, PLN-12388-SP, PLN-12390-SP, PLN-12885-CUP, PLN-12893-CUP, PLN-13362-CUP
Location: In the unincorporated areas of Humboldt County.
Denial of Four (4) Conditional Use Permits and Two (2) Special Permits.
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RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolutions (Resolution 25-__), (Attachment 2-7) which does the following:
a. Finds 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 the applicant has not provided sufficient evidence to demonstrate the proposed projects comply with the General Plan and Zoning Ordinance; and
c. Denies the Four (4) Conditional Use Permits and Two (2) Special Permits. PLN-11256-CUP, PLN-12388-SP, PLN-12390-SP, PLN-12885-CUP, PLN-12893-CUP, PLN-13362-CUP.
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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 six applications, Three (3) Conditional Use Permits and Two (2) Special Permits, under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) described below:
1. PLN-11256-CUP, Persephone Farms: An application for a Conditional Use Permit for 34,950 square feet of existing outdoor cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 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-12388-SP, Humgrown Farms, LLC: Special Permit for 6,900 square feet existing outdoor cannabis cultivation utilizing dry farm methods.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 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-12390-SP, Humgrown Farms, LLC: A Special Permit for Special Permit for 7,450 square feet of existing outdoor cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 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-12885-CUP, West Side Heritage Farms INC: A Conditional Use Permit for 11,000 square feet (SF) existing outdoor medical cannabis cultivation area.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 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-12893-CUP, Westside Heritage Farms, INC: Applicant seeks a Conditional Use Permit for 16,100 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 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-13362-CUP, Hummari Farms, LLC: A Conditional Use Permit for 15,000 square feet of existing outdoor medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 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. 11256 Draft Resolution
3. 12388 Draft Resolution
4. 12390 Draft Resolution
5. 12885 Draft Resolution
6. 12893 Draft Resolution
7. 13362 Draft Resolution
APPLICANT, OWNER, AGENT AND PLANNER INFORMATION:
PLN-11256-CUP
Applicant
Damon Stewart
1467 Siskiyou Blvd. #229
Ashland, OR 97250
Owner
STEWART DAMON & CARL HANK R SM
1271 EVERGREEN RD #901
REDWAY CA 95560
Agent
N/A
PLN-12388-CUP
Applicant
Martin Wansick
PO Box 2016
Redway CA 95560
Owner
WANSICK MARTIN J SM
P.O. BOX 2016
REDWAY CA 95560-2016
Agent
N/A
PLN-12390-CUP
Applicant
Martin Wansick
PO Box 2016
Redway CA 95560
Owner
WANSICK MARTIN J SM
P.O. BOX 2016
REDWAY CA 95560-2016
Agent
N/A
PLN-12885-CUP
Applicant
Matthew Banning
PO Box 2523
Redway CA 95560
Owner
NORTH COAST LAND MANAGEMENT LLC CR
DBA H & S ENTERPRISES
4063 EAST ANTELOPE RD
EAGLE PT OR 97524
Agent
N/A
PLN-12893-CUP
Applicant
Matthew Banning
PO Box 2523
Redway CA 95560
Owner
NORTH COAST LAND MANAGEMENT LLC CR
4063 EAST ANTELOPE RD
EAGLE PT OR 97524
Agent
N/A
PLN-13362-CUP
Applicant
Hummari Farms, LLC
Tyler King
9710 Smoke Tree Ct
Stockton CA 95209
Owner
FRIDAY RIDGE PROPERTIES LLC CO
2452 BAINBRIDGE ST
EUREKA CA 95503
Agent
N/A
Please contact Derek Wiles, Planner, at dwiles@co.humboldt.ca.us or 707-268-3727 if you have questions about this item.