To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Palo Verde Sun Grown Special Permit
Assessor Parcel Numbers: 218-131-004; 218-131-011; 218-141-009
Record No.: PLN-12696-SP
Denial of a Special Permit for Offsite Processing
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
Adopt the resolution (Attachment 1) which does the following:
a. Find the project exempt from environmental review pursuant to State CEQA Guidelines Section 15270; and
b. Find the applicant has not provided sufficient evidence necessary to make the required findings for approval; and
c. Deny the Special Permit.
Body
DISCUSSION:
Project Location:
The project is in Humboldt County in the Island Mountain area on both sides of Harmony Land, approximately 3.4 miles from the intersection of Bell Springs Road and Island Mountain Road on the property known as 111 Harmony Lane.
Present General Plan Land Use Designation:
Residential Agriculture (RA40), Density: 40 acres per dwelling unit, Slope Stability: High Instability (3).
Present Zoning:
Forestry Recreation (FR), Minimum building site area is 40 acres (B-5(40)).
Environmental Review:
Exempt from environmental review pursuant to State CEQA Guidelines Section 15270
State Appeal:
Project is NOT appealable to the California Coastal Commission.
Major concerns:
Lack of evidence to support required findings for approval.
Executive Summary:
Denial of a Special Permit for offsite processing. The proposed project is not eligible in the FR zone under the CMMLUO. Staff have made multiple attempts to correspond with the applicant to remedy project defects without success. No biological assessment or cultural resource survey was provided. The project was never placed in referrals due to the lack of information.
Summary Timeline of Project Processing:
On December 28, 2017, the Department received an incomplete application for an offsite processing facility. The Department accepted the initial incomplete application because of the application deadline for the CMMLUO.
An October 11, 2017 email from the Planning and Building Department memorializing a phone conversation with the applicant describes how the original applicant cannot be processed because it is in an ineligible zone. The correspondence also describes that revised project materials received on July 25, 2017 altered the original application to include additional uses that were also ineligible in a FR Zone.
On August 29, 2018, planning staff sent additional correspondence to the applicant’s agent at the time describing how to convert the project to the CCLUO. The department did not receive any response.
On January 18, 2023 a letter was sent to the applicant notifying them the project would be scheduled for denial if no response was received within 60 days.
On May 15, 2023 notification was sent to the applicant stating the project was scheduled for denial.
Lack of Sufficient Evidence:
The required findings cannot be made because the proposal is for a use within a zone that is not eligible under the CMMLUO and no application materials converting the project to the CCLUO were received. No biological assessment or cultural resource survey was provided.
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. 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 the deficiencies have remained unresolved and the lack of responsiveness from the applicant, staff does not recommend this alternative.
ATTACHMENTS:
1. Draft Resolution
2. Location Map
3. Correspondence Chronology
Applicant
Palos Verdes Sun Grown
Bennet & Delphina Dorrance
220 Harmony Lane
Garberville CA 95542
Owner:
Harmony Lane LLC
220 Harmony Lane
Garberville CA 95542
Please contact Steven A. Santos, Senior Planner, at sasantos@co.humboldt.ca.us or 707-268-3749 if you have any questions about the scheduled item.