To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
American Hospital Management Corp Conditional Use Permit
Record Number: CUP-16-1052 (filed 12/30/2016)
Assessor Parcel Number (APN) 511-071-003
McKinleyville Area
Denial of a Conditional Use Permit to allow for 10,000 square feet of new Mixed Light commercial cannabis cultivation in the Airport Zone (AV), which does not allow cannabis cultivation, and the application is incomplete
end
RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Describe the application as part of the Consent Agenda
2. Survey the audience for any person who would like to discuss the application.
3. If no one requests discussion, make the following motion to approve the application as part of the Consent Agenda; and
4. Adopt the resolution (Resolution 22-__). (Attachment 1) which does the following:
a. Finds the American Hospital Management Corp Conditional Use Permit project statutorily exempt from the California Environmental Quality Act (CEQA) per section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines; and
b. Finds the project is inconsistent with Humboldt County Code, and
c. Denies the American Hospital Management Corp Conditional Use Permits.
Body
DISCUSSION:
Project Location: The project is located in Humboldt County, in the McKinleyville area, on the West side of Baadsgaard Avenue, approximately 840 feet north of the intersection of Baadsgaard Avenue and Airport Road, on the property known to be 3488 Baadsgaard Avenue.
Present General Plan Land Use Designation: Commercial Services (CS), Airport overlay (AP), 2017 General Plan; Slope Stability: Relatively stable.
Present Zoning: Airport Zone (AV); Airport Safety Review (AP); Noise Impact (N); Streamside Management Areas and Wetlands (WR).
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: The proposed project is NOT appealable to the California Coastal Commission.
Major concerns: Inconsistency with County Code.
Executive Summary: An application under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) for a Conditional Use Permits to allow for 10,000 square feet of new Mixed Light commercial cannabis cultivation within a property zoned Airport (AV). This type of activity is not allowed within lands zoned Airport (AV). As such, the application cannot be approved. The application was submitted on December 23, 2016. Staff is recommending denial of the project because it is not an allowable use within the zone and the applicant has been unresponsive to notifications regarding this inconsistency.
On October 23, 2018 County staff sent a letter to the applicant identifying the zoning inconsistency and offering the applicant the opportunity to withdraw the application. No response was received. On September 23, 2019 another letter was sent by Planning staff again outlining the incompatible zoning designation and offering the applicant the option to withdraw the application. In the September 2019 letter the applicant was informed that a failure to withdraw would result in the application being brought to the Planning Commission with potential additional costs to be billed to the applicant. No response was received. Lastly, staff sent a letter on January 9, 2023, indicating the need for a response within 30 days or the application would be scheduled for a recommendation of denial. To date, no written response has been received.
OTHER AGENCY INVOLVEMENT:
The project was not referred to other agencies for comment because the project lacks sufficient information to write a complete project description.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. As the proposed project is inconsistent with Humboldt County Code, staff has not identified any alternative actions.
ATTACHMENTS:
1. Resolution
A. Cultivation Operations Plan
B. Site Plan
2. Location and Zoning Maps
A. Watershed Map
3. Correspondence
Owner
American Hospital Corporation & Douglas Shaw
P.O. Box 1116
Arcata, CA 95518-1116
Applicant
American Hospital Management Corp
Vicky Sleight
P.O. Box 1116
Arcata, CA 95518-1116
Agent
Omsberg and Preston
Erika Willor
434 7th Street
Eureka, CA 95501
Please contact Planner Devin Sutfin at (707)445-7541 or via email at dsutfin1@co.humboldt.ca.us <mailto:dsutfin1@co.humboldt.ca.us> if you have any questions about the scheduled public hearing item.