To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Denial of Fifteen Cannabis Permit Applications Due to Lack of Information.
Assessor Parcel Numbers: 221-111-004 (12009); 221-141-037 (11008), 222-083-005 (10542), 314-224-003 (12765), 316-172-024 (11301), 221-240-014 (13335), 502-044-003 (13348), 530-102-004 (12834), 107-095-003 (13152), 524-072-013 (12762), 529-361-029 (12067), 107-111-020 (12069), 208-241-012 (12164), 208-261-007 (11182), and 208-271-008 (12797).
Record Numbers: PLN-12009-CUP, PLN-11008-SP, PLN-10542-CUP, PLN-12765-CUP, PLN-11301-CUP, PLN-13335-CUP, PLN-13348-CUP, PLN-12834-SP, PLN-13152-CUP, PLN-12762-CUP, PLN-12067-CUP, PLN-12069-SP, PLN-12164-SP, PLN-11182-SP, and PLN-12797-CUP.
Location: In the unincorporated areas of Humboldt County.
Denial of Ten Conditional Use Permits and Five Special Permits.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolutions, (Attachment 1-14) which does the following:
a. Finds 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 the applicant has not provided sufficient evidence to demonstrate the proposed projects comply with the General Plan and Zoning Ordinance; and
c. Denies the ten Conditional Use Permits and five Special Permits: PLN-12009-CUP, PLN-11008-SP, PLN-10542-CUP, PLN-12765-CUP, PLN-11301-CUP, PLN-13335-CUP, PLN-13348-CUP, PLN-12834-SP, PLN-13152-CUP, PLN-12762-CUP, PLN-12067-CUP, PLN-12069-SP, PLN-12164-SP, PLN-11182-SP, and PLN-12797-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, lack of adequate information to support making required findings for approval, and generally unresponsive applicants.
Executive Summary: For Zoning Administrator consideration are fifteen applications, ten Conditional Use Permits and five Special Permits, under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) described below:
1. PLN-12009-CUP, The Southerners of Humboldt LLC APN 221-111-004: Denial of a Conditional Use Permit for 21,160 square feet of existing outdoor commercial cannabis cultivation.
On August 2, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
2. PLN-11008-SP, Zion Carl APN 221-141-037: Denial of a Special Permit for 9,664 square feet of existing mixed light commercial medical cannabis cultivation.
On August 2, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
3. PLN-10542-CUP, Garrett Gradin APN 222-083-005: Denial of a Conditional Use Permit for 40,500 square feet of existing outdoor and 6,000 square feet of existing mixed light commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
4. PLN-12765-CUP, BCRD LLC APN 314-224-003: Denial of a Conditional Use Permit for 6,409 square feet of existing outdoor and 13,457 square feet of existing mixed light commercial cannabis cultivation.
On August 2, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
5. PLN-11301-CUP, BWA Distributors APN 316-172-024: Denial of a Conditional Use Permit for 17,149 square feet of existing mixed light and 12,851 square feet of existing outdoor commercial cannabis cultivation.
On August 2, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
6. PLN-13335-CUP, Tohnic, Inc. APN 221-240-014: Denial of a Conditional Use Permit for 22,000 square feet of existing outdoor commercial cannabis cultivation.
On August 2, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
7. PLN-13348-CUP, Tohnic, Inc. APN 502-044-003: Denial of a Conditional Use Permit for 23,044 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
8. PLN-12834-SP, Bluff Creek Company, Inc. APN 530-102-004: Denial of a Special Permit for 9,200 square feet of outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
9. PLN-13152-CUP, Brush Mountain Willow Creek, LLC APN 107-095-003: Denial of a Conditional Use Permit for 28,900 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
10. PLN-12762-CUP, Willow Creek Investments, LLC. APN 524-072-013: Denial of a Conditional Use Permit for 18,100 square feet of existing mixed-light commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
11. PLN-12067-CUP, Kevin Burns APN 529-361-029: Denial of a Conditional Use Permit for 13,775 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
12. PLN-12069-SP, Humboldt County Flavors APN 107-111-020: Denial of a Special Permit for 10,000 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
13. PLN-12164-SP, Kylie Chase APN 208-241-012: Denial of a Special Permit for 9,760 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
14. PLN-11182-SP, Blue Canna APN 208-261-007: Denial of a Special Permit for 9,000 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
15. PLN-12797-CUP, Scott Bargar APN 208-271-008: Denial of a Conditional Use Permit for 14,000 square feet of existing mixed light and 4,000 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (on file), was sent to applicant which provided notice for resolving the two past due items requested by the County in previous communications. The letter further stated that a response was required within 90 days, and if a response was not received, the Planning Department would schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
The project processing histories and project files associated with these permit applications demonstrate a lack of information required to determine consistency with the CMMLUO or enable decision makers to make the required findings. These projects also demonstrate a lack of responsiveness from the applicant.
OTHER AGENCY INVOLVEMENT:
Any referrals that may be associated with one or more of these projects are irrelevant, due to the recommendation of denial for lack of information and/or responsiveness.
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 deficiencies have remained unresolved and the lack of responsiveness from the applicant, staff does not recommend this alternative.
ATTACHMENTS:
1. Project Locations
2. 12009 The Southerners of Humboldt Draft Resolution
3. 11008 Zion Carl Coastal Prairie LLC Draft Resolution
4. 10542 Garrett Gradin Draft Resolution
5. 12765 BCRD LLC Draft Resolution
6. 11301 BWA Draft Resolution
7. 13335 Tohnic Inc Draft Resolution
8. 13348 Tohnic Inc Draft Resolution
9. 12834 Bluff Creek Company, Inc Draft Resolution
10. 13152 Brush Mountain Willow Creek, LLC Draft Resolution
11. 12762 Willow Creek Investments, LLC Draft Resolution
12. 12067 Kevin Burns Draft Resolution
13. 12069 Humboldt County Flavors Draft Resolution
14. 12164 Kylie Chase Draft Resolution
15. 11182 Blue Canna Draft Resolution
16. 12797 Scott Bargar Draft Resolution
APPLICANT, OWNER, AGENT AND PLANNER INFORMATION:
PLN-12009-CUP
Applicant
The Southerners of Humboldt LLC, Gabe Macormic, PO Box 843, Redway, CA 95560
Owner
Gabe Macormic & Lee Foersterling, PO Box 843, Redway, CA 95560
Agent
N/A
PLN-11008-SP
Applicant
Zion Carl, PO Box 288, Miranda, CA 95553
Owner
Charlie Rothwell, PO Box 1673, PO Box, CA 95560
Agent
N/A
PLN-10542-CUP
Applicant
Garrett Gradin, PO Box 63, Miranda, CA 95553
Owner
Brian Mitchell SMTC & M & A Investment Group LLC, 1565 Third Ave, Walnut Creek, CA 94597
Agent
Josiah Randall, PO Box 822, Trinidad, CA 95570
PLN-12765-CUP
Applicant
BCRD LLC, James Bochert, 710 Coyote Creek Rd., Kneeland, CA 95549
Owner
JNMWM LLC CO, 710 Coyote Creek Rd., Kneeland, CA 95549
Agent
Margo Advisors, 117 Wildwood Ave, Rio Dell, CA 95562
PLN-11301-CUP
Applicant
BWA Distributors, John Brennan, PO Box 5651, Eureka, CA 95501
Owner
Justin Long, PO Box 1454, Willow Creek, CA 95573
Agent
Paula Pavlich, 3034 H St, Suite B, Eureka, CA 95501
PLN-13335-CUP
Applicant
Tohnic, Inc., Chad Steelman, 2040 Margaret Ln., Arcata, CA 95521
Owner
Tohnic, Inc., Atton Enoch M & Lauren L TR, 1271 Evergreen Way #218, Redway, CA 95560
Agent
N/A
PLN-13348-CUP
Applicant
Tohnic, Inc., Chad Steelman, 2040 Margaret Ln., Arcata, CA 95521
Owner
Jasmine Kline S UW, Calle La Coruna 36, Estepona Malaga Spain 29080
Agent
N/A
PLN-12834-SP
Applicant
Bluff Creek Company Inc, Lucien J Smith, Box 620 HC 67, Hoopa, CA 95546
Owner
Lucien J Smith, Box 620 HC 67, Hoopa, CA 95546
Agent
N/A
PLN-13152-CUP
Applicant
Brush Mountain Willow Creek, Daniel Maddrix, 1942 Deerpark Drive #106, Fullerton, CA 92831
Owner
Pail Cabeen, PO Box 25, Honeydew, CA 95545
Agent
Linnea Kneaper, PO Box 172, Weaverville, CA 96093
PLN-12762-CUP
Applicant
Willow Creek Investments, LLC, Sean O’Connor, 145 Hillcrest Way, Willow Creek, CA 95573
Owner
Edward Houghton V SM, 1624 Shelbourne Lane, Sarasota, FL 34231
Agent
N/A
PLN-12067-CUP
Applicant
Kevin Burns, P.O. Box 1494, Willow Creek, CA 95573
Owner
Burns KR & Kevin UM, 258 A ST #211, Ashland, OR 97520
Agent
N/A
PLN-12069-SP
Applicant
Humboldt County Flavors, Deborah Embry, Dave Goldstein, PO Box 66, Honeydew, CA 95545
Owner
Fonbuena Sherrie J TRSE, 1913 Crown Ave, West Sacramento, CA 95691
Agent
N/A
PLN-12164-SP
Applicant
Kylie M Chase, PO Box 7228, Eureka, CA 95502
Owner
Archer James C, 367 Highway 124 W, Damascus, AR 72039-9242
Agent
N/A
PLN-11182-SP
Applicant
Blue Canna, Erin Reed, 600 F Street PMB#3-308, Arcata, CA 95521
Owner
Carlotta Mill LLC CO, P.O. Box 369, Scotia, CA 95565
Agent
North Point Consulting Group, Phil Standish, PO Box 44, Eureka, CA 95502
PLN-12797-CUP
Applicant
Scott Bargar, 1505 E San Martin Ave., San Martin, CA 95046
Owner
Bargar Keith & Chere HW, 1505 E San Martin Ave, San Martin, CA 95046-9103
Agent
N/A
Please contact Derek Wiles, Planner, at dwiles@co.humboldt.ca.us or 707-268-3727 if you have questions about this item.