To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Josh Clark Special Permit
Assessor Parcel Numbers (APN) 208-271-012-000
Record No.: PLN-2020-16202
Dinsmore area
A Special Permit for 43,560 sf of commercial cannabis cultivation. The applicant is also proposing an additional 101,780 sf of outdoor cultivation and 20,000 sf of mixed light cultivation, all being relocated to the site through the Retirement, Remediation and Relocation (RRR) program. The water source for irrigation will be a permitted well on site. There is a total of 150,000 gallons of water storage proposed in 30 5,000-gallon tanks. Processing will occur off site with limited processing to occur on site in a proposed 4,000 square foot processing/storage building.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Attachment 1), which does the following:
a. Finds the Josh Clark 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 the proposed project does not comply with the General Plan and Zoning Ordinance; and
c. Denies the Special Permit application (PLN-2020-16202).
Body
DISCUSSION:
Project Location: The project is located in the Dinsmore area, on both sides of Coyote Flat Road, approximately 620 feet southwest from the intersection of Coyote Flat Road and Oakview Road, on the property known to be in the northwest quarter of the southwest quarter of Section 32 of Township 02 North, Range 05 East, Humboldt Base & Meridian.
Present General Plan Land Use Designation: Residential Agriculture (RA40), Density: 40 acres per unit, 2017 General Plan, Slope Stability: High Instability (3).
Present Zoning: Forestry Recreation (FR), Minimum building site area is 40 acres (B-5(40))
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 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.
Monitoring Required:
None.
Executive Summary: For Zoning Administrator consideration is an application under the Commercial Cannabis Land Use Ordinance (CCLUO); application PLN-2020-16202, a Special Permit application for 43,560 sf of commercial cannabis cultivation. The applicant is also proposing an additional 101,780 sf of outdoor cultivation and 20,000 sf of mixed light cultivation, all being relocated to the site through the Retirement, Remediation and Relocation (RRR) program. The water source for irrigation will be a permitted well on site. There is a total of 150,000 gallons of water storage proposed in 30 5,000-gallon tanks. Processing will occur off site with limited processing to occur on site in a proposed 4,000 square foot processing/storage building.
The application was filed on January 29, 2020. Subsequent communications identified issues with the draft Initial Study prepared by the applicant, as well as issues with the prepared Botanical Assessment & Jurisdictional Wetland Delineation. Consequently, edits and additional information were requested. To date the complete edits and requested information have not been submitted. On June 6, 2024 the Planning Department was notified that the subject property had changed hands, and the property owner had not given permission to the applicant to conduct cannabis activities on the property. On June 13, 2024 a deed was recorded verifying the property had changed hands. On June 11, 2025 a letter was sent to the applicant informing them that if owner permission to conduct cannabis operations on the property could not be demonstrated, in 30 days the project would move forward to a hearing with a recommendation of denial. No response to the letter was received within the prescribed deadline, and the applicant has not contacted the Planning Department to date.
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 4)
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, lack of permission from the property owner, and the lack of responsiveness from the applicant, staff does not recommend this alternative.
ATTACHMENTS:
1. Resolution
2. Location Maps
3. Planning Department Correspondence
Applicant:
Josh Clark
42112 Roanoake St
Temecula CA, 92591
Owner:
Allison Boyd TR
111 Cove Road
Grangeville ID, 83530
Agent:
N/A
Please contact Michael Holtermann, Planner, at mholtermann@co.humboldt.ca.us or 707-268-3737 if you have questions about this item.