To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Humboldt Native Healing, Conditional Use Permit and Special Permit Denial
Assessor Parcel Number (APN) 522-470-009
Record No.: PLN-11678-CUP
Willow Creek area
A Conditional Use Permit for 5,000 square feet (sf) of new outdoor commercial cannabis cultivation, a Special Permit for 5,000 sf of new indoor commercial cannabis cultivation, and a Special Permit for a setback reduction from public lands. Water is proposed to come from the Willow Creek Community Services District, and there is no water storage on-site. Processing will occur on-site in the Barn, and the site will be owner-operated with no employees. Power will be sourced from PG&E.
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RECOMMENDATION(S):
Recommendation
Project withdrawn by Applicant; no action required by Planning Commission. Placed on Agenda because it was legally noticed.
Body
DISCUSSION:
Project Location: The project is located in the Willow Creek area, on the East side of State Highway 96, approximately 675 feet South from the intersection of River Bend Road and State Highway 96, and approximately 365 feet East from the intersection of State Highway 96 and an unnamed road, on the property known as 1600 State Highway 96.
Present General Plan Land Use Designation: Agricultural Suburban (AS), Willow Creek Community Plan (WCCP), Density: 5 to 2.5 acres per dwelling unit, Slope Stability: Low Instability (1).
Present Zoning: Agriculture General (AG)
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 Humboldt County Code, lack of adequate information to support making required findings for approval, and a generally unresponsive applicant.
Executive Summary: For Planning Commission consideration is an application under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) for a Conditional Use Permit for 5,000 sf of new outdoor commercial cannabis cultivation, a Special Permit for 5,000 sf of new indoor commercial cannabis, and a Special Permit for a reduction in the setback from public lands. The proposed outdoor cultivation is approximately 280 feet from public lands, Six Rivers National Forest (SRNF). The proposed project is located within 600 feet of four (4) nearby school bus stops in the Klamath-Trinity Joint Unified School District. The subject parcel is between 1 and 5 acres, and the proposed cultivation area is within 300 feet of four (4) neighboring residences.
Staff is recommending denial of the project because the proposed project does not meet County Ordinance requirements, the applicant has been unresponsive to County requests for information, and the County has received complaints from neighbors within 300-feet of the proposed project.
The application was submitted on December 7, 2016 and included only an application form, the application fee deposit, and the indemnification form and cannabis acknowledgement form. An incomplete letter was sent to the applicant on January 17, 2017 and the County received a response on June 23, 2017, with a Cultivation & Operations Plan, Site Plan, and a Lease Agreement. The project was submitted for referrals on August 3, 2017. On January 4, 2018, a response was received from the Klamath-Trinity Joint Unified School District showing four (4) school bus stops within 600-feet of the proposed cultivation areas.
On March 12, 2018, a letter was received from a neighbor whose residence is located within 300 feet of the proposed cultivation area. The neighbor complaint letter stated opposition to the proposed project due to existing allergies, existing school bus stops nearby, and due to the project not meeting the 300-foot setback to neighboring residences.
On March 15, 2018, a Complaint of Possible Code Violation was received by the Planning & Building Department, and a letter dated March 16, 2018 was received from another neighbor located within 300 feet of the proposed project. The letter objected the approval of the project due to the existing school bus stops nearby, potential allergies from the cultivation, and an existing Covenants and Conditions Regarding the Clover Flat Subdivision which outlines the property at APN 522-470-009 for primary residential use and not commercial use. The letter continued to state that the access road is owned and maintained by the neighbors, and that the easement is intended for residential use only, not commercial.
On November 19, 2018, a Deficiency letter was sent to the applicant from the Planning Department requesting the applicant to obtain waivers from neighbors within 300 feet of the proposed project and from the Klamath-Trinity Joint Unified School District. No response was received.
A follow up email was sent to the applicant on December 29, 2021, and then again on January 25, 2021, then again on February 3, 2022, and a final email was sent on August 26, 2022. No response was received.
On August 26, 2022, a 60-day Deficiency letter was sent to the applicant giving them 60 days to submit the additional requested items from the November 19th, 2018 Deficiency letter, and no response was received.
Summary: The submitted application does not include enough evidence to support making the required findings under Section 312-17.1. The application does not meet the setbacks required under the Humboldt County Ordinance 314-55.4. Finally, the department has attempted to contact the applicant and the applicant has failed to respond.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 5)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect to direct staff to continue to attempt to reach the applicant to resolve the outstanding issues and continue processing the application in accordance with HCC Section 312-4.1 et seq. However, given that staff has made multiple attempts to contact the applicant and they have been unresponsive, staff does not recommend this alternative.
ATTACHMENTS:
1. Resolution
A. Cultivation Operations Plan
B. Site Plan
2. Location Maps
3. Neighbor’s letters of objection
4. Planning Department Correspondence to the Applicant