To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Greenfield Family Farms
Assessor Parcel Number(s) (APN) 216-392-024, 216-392-025, 216-392-027
Record No.: PLN-11326-CUP
Alderpoint area
Denial of a Conditional Use Permit for an existing 21,500 square foot outdoor cannabis cultivation operation in greenhouses and full-sun outdoor. This project is associated with two projects on adjacent parcels (Apps# 11325, APN: 216-392-025 and Apps #11327, APN: 216-392-027) and together they comprise Greenfield Family Farms, Inc. Irrigation water is sourced from a well located on APN 216-392-024. Total onsite water storage is 25,000 gallons in five hard tanks. Drying occurs on APN: 216-392-027 in a non-permitted dry shed and additional processing will occur offsite by a 3rd party processing company. Power for the operation is provided by generator.
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RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 24-__), (Attachment 1) which does the following:
a. Finds the Greenfield Family Farms 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 Greenfield Family Farms Conditional Use Permit (PLN-11326-CUP).
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DISCUSSION:
Project Location: The project is located in Humboldt County, in the Alderpoint area, on the East side of Center Road, approximately .42 miles South from the intersection of Center Road and Lakeview Road, on the property known as 5165 Rancho Sequoia Drive.
Present General Plan Land Use Designation: Residential Agriculture (RA5-20), 2017 General Plan, Density: 5-20 acres per unit, Slope Stability: Moderate Instability (2)
Present Zoning: Forestry Recreation, Minimum Building Site Area 10 acres
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 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 is an application for a Conditional Use Permit for an existing 21,500 square foot outdoor cannabis cultivation operation in greenhouses and full-sun outdoor. This project is associated with two projects on adjacent parcels (Apps# 11325, APN: 216-392-025 and Apps#11327, APN: 216-392-027 both in post approval) and together they comprise Greenfield Family Farms, Inc. Irrigation water is sourced is from a well located on APN 216-392-024. Total onsite water storage is 25,000 gallons in five hard tanks. Drying occurs on APN: 216-392-027 in a non-permitted dry shed and additional processing will occur offsite by a 3rd party processing company. Power for the operation is provided by generator. The application was filed on October 20, 2016.
On January 5, 2017, staff correspondence was sent to the applicant requesting additional information to process the permit application. In July of 2017, an Application Withdrawal Notice was sent to the applicant informing them that unless all the requested materials are not received within 30 days of the letter, the application would be withdrawn. On August 15, 2017, additional materials were subsequently received.
On April 11, 2018, additional correspondence was sent to the applicant informing them that the recently received submittals did not contain all the required materials and listed items still needed to process the permit application. The letter went on to state that application 11326 was flagged for a potential grading and cultivation area expansion violation. There has only been one response received, a well permit application and receipt. The Planning Department has still not received the required information to process the permit.
On March 1, 2019, additional correspondence in the form of a violation letter was sent to the applicant which stated “the cultivation area expanded by 8,900 square feet (sf). The penalty fee for the expansion of 8,900 square feet outdoor area is $17,800. The area of expansion must be removed. Additionally, it appears there was a timber conversion for the purposes of cannabis cultivation without the proper permits. A Registered Professional Forrester will need to assess the conversion and recommend remedial actions, if any. Cultivation without an issued Interim Permit is not allowed, any cultivation must be removed”. The Planning Department has not received a response to the violation letter which informed the applicant that a response would be required within 30 days with options that included:
1. Resolve the violation by paying the penalty fee and removing the expanded cultivation area, this action would allow the project to return to a processing status.
2. Withdraw the application, remove all cannabis related fixtures and equipment from the parcel, and remediate, restore, and restock any disturbed area to their natural condition, or
3. Respond to the letter with clear and substantial evidence to establish why the cultivation area did not expand.
The letter further indicated that if no response was received, the project would be prepared for hearing with the evidence presently on file. Staff would recommend the project for denial and refer the project for code enforcement actions. The only documented response on file with the department since the violation letter is a change of agent notification.
The application does not provide enough information to make the findings for approval, and the applicant has been unresponsive to requests for information. In addition, the proposed development does not conform to the applicable standards of the CMMLUO as a result of the unresolved expansion of cannabis cultivation. For these reasons, staff recommends that the Zoning Administrator deny this Conditional Use Permit application.
OTHER AGENCY INVOLVEMENT:
Complete application materials have not been received to date.
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. Draft Resolution
2. Location Maps
3. Planning Department Correspondence
APPLICANT, OWNER, AGENT AND PLANNER INFORMATION:
Applicant
Greenfield Family Farms, Jonah Greenfield, PO Box 550, Hydesville, CA 95547
Owner
Wolfe Shea, 4319 Toland Way #12, Los Angeles, CA 90041
Agent
Brittney Crosby, 33683 Garnet Ct, Bonner, MT 59823
Please contact Suzanne Lippre at slippre@co.humboldt.ca.us or 707-268-3728 if you have any questions about the scheduled item.