Legislation Details

File #: 24-104    Version: 1 Name:
Type: Zoning Item Status: Reported from Committee
File created: 1/10/2024 In control: Zoning Administrator
On agenda: 1/18/2024 Final action:
Title: Eel River Dry Farms, LLC Assessor Parcel Number(s) (APN) 033-271-027 Record No.: PLN-12819-SP Garberville area Denial of a Special Permit for a new 3,500 square foot cannabis manufacturing facility, a new 1,500 square foot commercial cannabis processing operation, and a 2,500 square foot cannabis distribution facility. Projected water source and use, cultivation schedule, energy source and use, and staffing requirements are unknown.
Sponsors: Planning and Building, Laura McClenagan
Attachments: 1. 12819 ZA Staff Report 1.18.24, 2. Attachment 1- Draft Resolution, 3. Attachment 2 - Location Maps, 4. Attachment 3- Department Correspondence, 5. ZA Resolution 24-005_Eel River Dry Farms_12819

To:                                                               Zoning Administrator

 

From:                                          Planning and Building Department                                          

 

Agenda Section:                     Consent                                                               

 

SUBJECT:

title

Eel River Dry Farms, LLC

Assessor Parcel Number(s) (APN) 033-271-027

Record No.: PLN-12819-SP        

Garberville area

 

Denial of a Special Permit for a new 3,500 square foot cannabis manufacturing facility, a new 1,500 square foot commercial cannabis processing operation, and a 2,500 square foot cannabis distribution facility. Projected water source and use, cultivation schedule, energy source and use, and staffing requirements are unknown.

end

 

RECOMMENDATION(S):

Recommendation

That the Zoning Administrator:

 

1.                     Adopt the resolution (Resolution 24-__). (Attachment 1) which does the following:

 

a.                     Finds the Eel River Dry Farms 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 Eel River Dry Farms Special Permit (PLN-12819-SP).

 

Body

DISCUSSION:

Project Location: The project is in the Garberville area, on the East side of US Hwy 101, approximately 0.38 miles North of the intersection of Milky Way and US Hwy 101, on the property known as 871 US Hwy 101

 

Present General Plan Land Use Designation: CR Commercial Recreation, 2017 General Plan. Density: per zoning. Slope Stability: Moderate Instability (2)

 

Present Zoning: Unclassified (U)

 

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-12819-SP, a Special Permit application for a new 3,500 square foot manufacturing facility, a new 1,500 square foot commercial processing operation, a 2,500 square distribution facility, and 10,000 square feet of new indoor cannabis cultivation on APN 033-271-027. Projected water source and use, cultivation schedule, energy source and use, and staffing requirements are unknown.

 

The application was filed December 29, 2016. On February 9, 2017, staff correspondence was sent to the applicant requesting additional information to process the permit application, however no response was received. In August of 2017 an Application Withdrawal Notice was sent to the applicant informing them that unless the all of the requested materials were not received within 30 days the application would be withdrawn. Additional materials were subsequently received. On May 18, 2018, additional correspondence was sent to the applicant informing them that the submittal received did not contain all the required materials. The letter listed items still needed to process the permit application. No responses from the applicant or agent are on file. Additional correspondence was sent to the applicant on February 2, 2023. 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. A response was received, however the applicant information on file was not current as the Eel River Dry Farms managing members had changed. Staff attempted to contact the new managing members via the United States Postal Service on March 16th, 2023, and were Cc’d on email correspondence on February 15th, 2023. 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.                     Draft Resolution

2.                     Location Maps

3.                     Planning Department Correspondence

 

 

Applicant

Eel River Dry Farms, LLC

4300 West End Rd, Suite A

Arcata CA, 95521

 

Owner

Conrad and Trudy Bowman

DBA Grandfather Tree

779 US HWY 101

Piercy CA, 95587

 

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.