To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Denial of Fifteen (15) Cannabis Permit Applications Due to Lack of Information
Assessor Parcel Numbers (APN) 107-095-003 (12155); 209-321-036 (12624), 209-321-053 (12627), 210-044-002 (12749), 210-044-044 (12557), 210-051-042 (12276), 210-071-006 (13103), 210-042-014 (10771), 212-311-003 (12364), 215-202-041 (13109), 216-022-023 (11902), 216-134-012 (12918), 217-034-004 (11798), 217-181-029 (12012), and 217-281-001 (13287).
Record Numbers: PLN-12155-CUP, PLN-12624-SP, PLN-12627-SP, PLN-12749-CUP, PLN-12557-CUP, PLN-12276-SP, PLN-13103-ZCC, PLN-10771-CUP, PLN-12364-CUP, PLN-13109-SP, PLN-11902-ZCC, PLN-12918-CUP, PLN-11798-CUP, PLN-12012-SP, and PLN-13287-CUP.
Location: In the unincorporated areas of Humboldt County.
Denial of Eight (8) Conditional Use Permits, Five (5) Special Permits, and Two (2) Zoning Clearance Certificates.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolutions (Resolution 25-__), (Attachment 2-16) 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 Eight (8) Conditional Use Permits, Five (5) Special Permits, and Two (2) Zoning Clearance Certificates. PLN-12155-CUP, PLN-12624-SP, PLN-12627-SP, PLN-12749-CUP, PLN-12557-CUP, PLN-12276-SP, PLN-13103-ZCC, PLN-10771-CUP, PLN-12364-CUP, PLN-13109-SP, PLN-11902-ZCC, PLN-12918-CUP, PLN-11798-CUP, PLN-12012-SP, and PLN-13287-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 a generally unresponsive applicant.
Executive Summary: For Zoning Administrator consideration are fifteen applications, eight (8) Conditional Use Permits, five (5) Special Permits, and two (2) Zoning Clearance Certificates, under the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) described below:
1. PLN-12155-CUP, Forever Honeydew Farms, LLC: An application for a Conditional Use Permit for 16,205 square feet of existing outdoor cannabis cultivation is requested. Processing will be done on-site in an existing facility on property owner’s adjacent property. Water for irrigation is supplied by a new well on this parcel and a creek diversion. There is 220,000 gallons of water storage in tanks and a bladder on-site. 72 solar panels provide power for employees and processing with generator backup.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
2. PLN-12624-SP, William Daman: Special Permit for 6,900 square feet existing outdoor cannabis cultivation utilizing dry farm methods.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
3. PLN-12627-SP, William Daman: A Special Permit for 3,510 sf of existing outdoor cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
4. PLN-12749-CUP, Bear Farms LLC: A Conditional Use Permit for 11,950 square feet of mixed light, and 18,900 square feet of outdoor cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
5. PLN-12557-CUP, Humboldt Organic Farms, LLC: Applicant seeks a Conditional Use Permit for 11,064 square feet of existing outdoor commercial cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
6. PLN-12276-CUP, Affordable Cultivation Cooperative, Inc.: A Special Permit for 7,660 square feet of existing mixed light cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
7. PLN-13103-ZCC, Bear Farms LLC: A Zoning clearance certificate for 5,000 square feet of existing, mixed light, medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
8. PLN-10771-CUP, Humboldt's Finest 420 Collective: A Conditional Use Permit for 9,900 square foot mixed light and 7,100 square foot outdoor existing medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
9. PLN-12364-CUP, Hrabar Todorov: A Conditional Use Permit for 10,360 square feet existing medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
10. PLN-13109-SP, Humboldt Best Buds LLC: A Special Permit for 7,400 square foot existing outdoor medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
11. PLN-11902-ZCC, Long Creek Ranch, LLC: A Zoning Clearance Certificate for 4,950-square feet existing outdoor cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
12. PLN-12918-CUP, Emerald Mountain Organics, LLC: A Conditional Use Permit for 22,000 square feet of existing, outdoor, medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
13. PLN-11798-CUP, DT Farms Group, Inc.: The Applicant is seeking a Conditional Use Permit for 43,560 square feet of existing outdoor medical cannabis cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
14. PLN-12012-SP, Sequoia River Farms, LLC: A Special Permit for 7,500 square feet of existing and 2,500 square feet of new outdoor cultivation utilizing light depravation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
15. PLN-13287-CUP, NOM-RAM, LLC: A Conditional Use Permit for 4,680 sf mixed light, 19,396 sf outdoor existing cultivation.
On June 27, 2024, a letter (On file), was sent to applicant which provided information on 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 be forced to schedule the application for hearing with a recommendation of denial. To date, none of the requested materials have been received.
The project history and project files associated with these permit applications demonstrate a lack of information required to determine consistency with the CMMLUO and 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 Location Sheet
2. 12155 Draft Resolution
3. 12624 Draft Resolution
4. 12627 Draft Resolution
5. 12749 Draft Resolution
6. 12557 Draft Resolution
7. 12276 Draft Resolution
8. 13103 Draft Resolution
9. 10771 Draft Resolution
10. 12364 Draft Resolution
11. 13109 Draft Resolution
12. 11902 Draft Resolution
13. 12918 Draft Resolution
14. 11798 Draft Resolution
15. 12012 Draft Resolution
16. 13287 Draft Resolution
APPLICANT, OWNER, AGENT AND PLANNER INFORMATION:
|
PLN-12155-CUP |
|
Applicant |
Owner |
Agent |
|
Forever Honeydew Farms, LLC Paul Cabeen PO Box 203 Honeydew, CA 95545 |
CABEEN PAUL T TR PO BOX 25 HONEYDEW CA 95545 |
Lucienne Westphal No further information provided |
|
PLN-12624-SP |
|
Applicant |
Owner |
Agent |
|
William Daman PO Box 84 Redcrest, CA 95569 |
DAMAN WILLIAM A UMTC & KELLY TAMSEN SWTC PO Box 224 Fortuna, CA 95540 |
N/A |
|
PLN-12627-SP |
|
Applicant |
Owner |
Agent |
|
William Daman PO Box 84 Redcrest, CA 95569 |
DAMAN WILLIAM A UMTC & KELLY TAMSEN SWTC PO Box 224 Fortuna, CA 95540 |
N/A |
|
PLN-10771-CUP |
|
Applicant |
Owner |
Agent |
|
Humboldt's Finest 420 Collective 350 E Street, Suite 580 Eureka, CA 95501 |
SUNFLOWER COMMUNE 111 N MARKET ST STE 300 SAN JOSE CA 95113 |
N/A |
|
PLN-12749-CUP |
|
Applicant |
Owner |
Agent |
|
Bear Farms LLC Alex Vasilyev 3720 Coombs Court Arcata, CA 95521 |
BEAR FARMS LLC 3720 COOMBS CT ARCATA CA 95521 |
N/A |
|
PLN-12557-CUP |
|
Applicant |
Owner |
Agent |
|
Humboldt Organic Farms, LLC Christopher Cipperone 1370 Wallace Ave. San Francisco, CA 94124 |
FERREBEOUF EMILE & HA HAIVINH 33226 HWY 36 BRIDGEVILLE CA 95526 |
N/A |
|
PLN-12276-SP |
|
Applicant |
Owner |
Agent |
|
Affordable Cultivation Cooperative, Inc. Rumen Shitsov 150 Neroly Rd. Oakly, CA 94561 |
RUSEV ZHECHO K & RUSEVA TINA JT 1650 ADELAIDE ST CONCORD CA 94520 |
N/A |
|
PLN-13103-ZCC |
|
Applicant |
Owner |
Agent |
|
BEAR FARMS LLC 3720 COOMBS CT ARCATA CA 95521 |
BEAR FARMS LLC 3720 COOMBS CT ARCATA CA 95521 |
Northpoint Consulting Group Inc. Peter Hill 1117 Samoa Blvd Arcata, CA 95521 |
|
PLN-12364-CUP |
|
Applicant |
Owner |
Agent |
|
Hrabar Todorov 1817 Selby Ave Apt 303 Los Angeles, CA 90025 |
AFONIA LLC CO PO BOX 1601 BEVERLY HILLS CA 90213 |
N/A |
|
PLN-13109-SP |
|
Applicant |
Owner |
Agent |
|
Humboldt Best Buds LLC Larry Valdez 129 Carnegie St Milpitas, CA 95035 |
CRISS ALEJANDRO SUCTR PO BOX 262 WHITEHORN CA 95589 |
N/A |
|
PLN-11902-ZCC |
|
Applicant |
Owner |
Agent |
|
Long Creek Ranch, LLC Erin Larsen PO Box 1003 Garberville, CA 95542 |
LARSEN ERIN S & SPENCER BRAD A & JUILLOT CORINNE C PO BOX 2094 REDWAY CA 95560 |
N/A |
|
PLN-12918-CUP |
|
Applicant |
Owner |
Agent |
|
Emerald Mountain Organics, LLC Timothy "Max" Mahony PO Box 2530 Redway, CA 95560 |
SILVA TIMOTHY J SE 3542 NEWBURG RD FORTUNA CA 95540-2514 |
Finley and Friends Consulting Jasmine Finley P.O. Box 428 Garberville, CA 95542 |
|
PLN-17798-CUP |
|
Applicant |
Owner |
Agent |
|
Cindy Siemens 3100 Barnett Avenue McKinleyville, CA 95519 |
SIEMENS CINDY A,UW 3100 BARNETT AVE MCKINLEYVILLE CA 95519-9349 |
N/A |
|
|
PLN-12012-SP |
|
|
Applicant |
Owner |
Agent |
|
Sequoia River Farms, LLC John Finley 3310 Whitlow Rd Myers Flat, CA 95554 |
THOMAS JOHN O UM C/O GARDNER SMITH 3310 WHITLOW RD MYERS FLAT CA 95554 |
N/A |
|
|
PLN-13287-CUP |
|
|
Applicant |
Owner |
Agent |
|
NOM-RAM, LLC |
HA LLC CO PO BOX 241 BLOCKSBURG CA 95514 |
N/A |
Please contact Derek Wiles, Planner, at dwiles@co.humboldt.ca.us or 707-268-3727 if you have questions about this item.