To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Denial of four (4) Cannabis Permit Applications Due to Inconsistency with Humboldt County Code
Assessor Parcel Numbers (APN) 316-172-020-000 (12278); 221-230-010-000 (12382); 208-111-021-000 (12764); 221-111-024-000 (11541)
Record Numbers: PLN-12278-CUP, PLN-12382-CUP, PLN-12764-CUP, PLN-11541-CUP
Location: In the unincorporated areas of Humboldt County.
Denial of four (4) Conditional Use Permits
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolutions (Resolutions 25-__), (Attachment 2-5) which do the following:
a. Finds that 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 that the projects are inconsistent with Humboldt County Code; and
c. Denies the four (4) Conditional Use Permits. PLN-12278-CUP, PLN-12382-CUP, PLN-12764-CUP, PLN-11541-CUP.
Body
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.
Executive Summary: For Zoning Administrator consideration are four (4) applications for Conditional Use Permits, under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) described below:
1. PLN-12278-CUP, Natural State, LLC: Revocation for a Conditional Use Permit for 18,000 square feet of existing mixed light commercial cannabis cultivation and a Special Permit for a Point of Diversion for irrigation.
A letter was sent to the permit holder on 6.12.2024, stating that the permit was in danger of being denied due to the failure to establish a payment plan for Measure S taxes. The above referenced permit unpaid Measure S taxes of $47,071.80 and has NOT established a payment plan for those taxes owed.
2. PLN-12382-CUP, Karyn Wagner: Special Permit for 38,200 square feet existing outdoor commercial cannabis cultivation and a Special Permit for a spring diversion for irrigation.
A letter was sent to the permit holder on 6.12.2024, stating that the permit was in danger of being denied due to the failure to establish a payment plan for Measure S taxes. The above referenced permit unpaid Measure S taxes of $22,603.27 and has NOT established a payment plan for those taxes owed.
3. PLN-12764-CUP, Otto Farms, LLC: A Conditional Use Permit for 17,200 sf of existing mixed light and outdoor commercial cannabis cultivation.
A letter was sent to the permit holder on 6.12.2024, stating that the permit was in danger of being denied due to the failure to establish a payment plan for Measure S taxes. The above referenced permit unpaid Measure S taxes of $11,605.00 and has NOT established a payment plan for those taxes owed.
4. PLN-11541-CUP, Ted Farm, LLC: A Conditional Use Permit for 11,000 square feet of existing mixed light commercial cannabis cultivation and a Special Permit for a diversionary spring for irrigation.
A letter was sent to the permit holder on 6.12.2024, stating that the permit was in danger of being denied due to the failure to establish a payment plan for Measure S taxes. The above referenced permit unpaid Measure S taxes of $17,545.50 and has NOT established a payment plan for those taxes owed.
OTHER AGENCY INVOLVEMENT:
Any referrals that may be associated with one or more of these projects are irrelevant, due to the recommendation of denial.
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 these projects have remained out of compliance with county code this is not recommended.
ATTACHMENTS:
1. Project Location Sheet
2. Draft Resolution - PLN-12278-CUP, Natural State, LLC
3. Draft Resolution - PLN-12382-CUP, Karyn Wagner
4. Draft Resolution - PLN-12764-CUP, Otto Farms, LLC
5. Draft Resolution - PLN-11541-CUP, Ted Farm, LLC
Contact Information
|
PLN-12278-CUP |
|
Applicant |
Owner |
Agent |
|
Natural State, LLC Paul Cabeen PO Box 966 Blue Lake, CA 95525 |
C & A Ventures, LLC PO BOX 665 Blue Lake, CA 95525 |
Janssen Malloy Jeffery Slack PO Drawer 1288 Eureka, CA 95502 |
|
PLN-12382-CUP |
|
Applicant |
Owner |
Agent |
|
Karyn Wagner 615 Bear Creek Road Garberville, CA 95542 |
Hale, Hal Tr & Anderson, Sigurd Sm & Fales, Dorothea PO Box 1817 Redway, CA95560 |
Anita Massato PO Box 91 Redway, CA 95560 |
|
PLN-12764-CUP |
|
Applicant |
Owner |
Agent |
|
Otto Farms, LLC PO Box 223 Fortuna, CA 95540 |
Openroadagency LLC Co PO Box 223 Fortuna, CA 95540 |
Humboldt Logistics Brittany Massaro PO Box 457 Scotia, CA 95565 |
|
PLN-11541-CUP |
|
Applicant |
Owner |
Agent |
|
Ted Farm, LLC C/O Todor Hristov 1692 Mangrove Ave #359 Chico, CA 95926 |
Hristov, Todor S. 1547 Palos Verdes Mall #273 Walnut Creek, CA 94597 |
N/A |
Please contact Portia Saucedo, Associate Planner, at psaucedo1@co.humboldt.ca.us or 707-268-3745 if you have questions about this item.