To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Higher Vision Cannabis Co, LLC
Assessor Parcel Number(s) (APN) 201-311-028 (old APN 201-311-011)
Record No.: PLN-13042-SP
Fortuna area
Denial of a Special Permit for a new 10,000 square foot cannabis manufacturing facility. The Proposed water source is municipal water, and proposed activities include alcohol-based manufacturing and processing. The applicant anticipates no employees are required for the operations.
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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 Higher Vision Cannabis Co LLC 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 Higher Vision Cannabis Co LLC Special Permit (PLN-13042-SP).
Body
DISCUSSION:
Project Location: This project is located in the Fortuna area on Highway 36, approximately 1,200 feet west from the intersection of Highway 36 and Victoria Lane, on the property known as 646 ST HWY 36.
Present General Plan Land Use Designation: Open Space (OS), Airport Land Use Compatibility Zone (AP) 2017 Humboldt County General Plan, Slope Stability: B0 Relatively Stable.
Present Zoning: Limited Industrial (ML).
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 under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO); application PLN-13042-SP, a Special Permit for a new 10,000 square foot cannabis manufacturing facility. The proposed water source is municipal water, and proposed activities include alcohol-based manufacturing and processing. The applicant anticipates no employees are required for the operations. Projected energy source/needs are unknown.
The application was filed December 29, 2016. On February 9, 2017, Department correspondence was sent to the applicant requesting additional information to process the permit application, however no response was received. In August 2017 an additional letter was sent to the applicant informing them that the submittal did not contain the required information for permit processing. Additional application materials were submitted to the Department in October 2017. In May of 2018 Department correspondence indicated all the required information for permit processing had not been submitted, and informed the applicant that there were multiple applications on the property proposing to utilize some of the same areas. No response from the applicant is on file. On February 2, 2023, additional correspondence was sent to the applicant via the US Postal Service. The letter stated that the Planning Department had not received the required information to process the permit, and informed the applicant that a response would be required within 30 days. The responses included an option to withdraw the application, or an alternative option to request an application review resulting in a list of items necessary to continue processing the application. The letter further indicated that if no response was received, the project would be scheduled for hearing with the information available on file, which would likely result in a recommendation of denial. No response has been received to date.
OTHER AGENCY INVOLVEMENT:
Complete application materials have not been received to date. The project was not referred to responsible agencies and recommendations were not received.
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. Resolution
2. Location Maps
3. Planning Department Correspondence
Applicant
Higher Vision Cannabis Company, LLC
Adam Lustig
1271 Evergreen Road #207
Redway CA, 95560
Owner
Russel Renner
564 HWY 36
Fortuna CA, 95540
Agent
N/A
Please contact Michael Holtermann, Planner, at mholtermann@co.humboldt.ca.us or 707-268-3737 if you have any questions about the scheduled item.