To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
title
Appeal of Suspension of a Conditional Use Permit and Modification of a Conditional Use Permit for Cannabis Cultivation for Mana Farms, LLC, Record Number PLN-12280-CUP
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the resolution (Attachment 1) which does the following:
a. Finds the action in compliance with the California Environmental Quality Act and finds the modification of the permit will not be detrimental to the public health, safety or welfare or be detrimental to the environment with the added conditions of approval.
b. Denies the appeal of the suspension leaving the permit suspended until outstanding conditions A2 - A15 are completed; and
c. Modifies the Conditional Use Permit to revise and add conditions of approval; and
2. Direct the Clerk of the Board to provide a certified board order to the planning and building staff to be included with the notification of decision to the appropriate parties.
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STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Sustainable Natural Resources & Infrastructure Stewardship
Strategic Plan Category: 9999 - Core Services/Other
DISCUSSION:
Executive Summary
This item was originally brought to the Board of Supervisors as an appeal of the Planning Director’s suspension of the Conditional Use Permit (CUP) for commercial cannabis cultivation and a request from the Planning Department to revoke the permit because the site had been operated in violation of the conditions of approval, including the unauthorized diversion of water from Little Larabee Creek for cultivation purposes. On Feb. 25, 2025, the Humboldt County Board of Supervisors heard the appeal and request for revocation and continued the hearing to March 25, 2025, to allow county staff to develop an updated resolution with updated conditions of approval.
Additional and modified conditions of approval attached to the draft resolution include the requirement for all outstanding conditions to be completed prior to lifting the suspension (COA A.1), to document that the solar system is capable of providing all of the power needs for the operation (COA A.7),more specific requirements regarding annual groundwater well testing (COA B.16), a requirement for additional inspections without prior notice (COA B.2) and the requirement to pay all outstanding fees including costs of processing the suspension appeal, revocation and use permit modification (COA A.15). Additionally, COA B.1 makes clear that violations of any of the conditions of approval shall be ground for scheduling a revocation hearing.
SOURCE OF FUNDING:
Appeal fees paid by permit holder.
FINANCIAL IMPACT:
The permit holder paid the appeal fee of $2,160 and a recommended condition of approval requires payment of all additional accrued costs associated with these actions.
STAFF IMPACT:
No positions will be added or removed as a result of this item.
OTHER AGENCY INVOLVEMENT:
California Department of Fish and Wildlife, Humboldt County Sheriff’s Office, California Department of Cannabis Control, California Water Quality Control Board
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board could choose to add or delete conditions of approval.
ATTACHMENTS:
NOTE: The attachments supporting this report have been provided to the Board of Supervisors; copies are available for review with the Clerk of the Board regarding the egregious nature of the violations related to the illegal diversion of water from Little Larabee Creek and the manner in which the site has been maintained.
1. Draft Board Resolution and Findings PLN-12280-CUP
2. PC Resolution 21-99 Rockaway Investments PLN-12280 with Original Conditions of Approval
3. Updated Conditions of Approval
PREVIOUS ACTION/REFERRAL:
Meeting of: July 1, 2021, Planning Commission
File No.: 21-902
Meeting of: February 25, 2025, Board of Supervisors
File No.: 25-274