To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Denial of two Conditional Use Permits and Two Special Permits (three projects total) for commercial cannabis cultivation due to inconsistency with Humboldt County Code.
Humboldt’s Finest Agriculture, LLC Conditional Use Permit and Special Permit
Assessor Parcel Numbers (APN) 210-117-023
Record No.: PLN-11869-CUP
Dinsmore area
Recommended DENIAL of a Conditional Use Permit for 14,000 square feet of existing outdoor commercial cannabis cultivation. A Special Permit is also proposed to reduce the setback from Six Rivers National Forest.
Karolina Dragoytchev Conditional Use Permit
Assessor Parcel Numbers (APN) 221-161-016
Record No.: PLN-11321-CUP
Ettersberg area
Recommended DENIAL of Conditional Use Permit for existing 10,920 square feet mixed light and 2,000 square feet outdoor commercial cannabis cultivation.
Will Randall Special Permit
Assessor Parcel Numbers (APN) 221-061-038
Record No.: PLN-13028-SP
Salmon Creek area
Recommended DENIAL of a Special Permit for 10,000 square feet of existing outdoor commercial cannabis cultivation.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolutions, (Attachment 1A, 1B, and 1C) which do the following:
a - Finds that the Zoning Administrator has found the projects exempt from environmental review pursuant to State CEQA Guidelines Section 15270; and
b - Finds that the applicants have not provided sufficient evidence necessary to make the required findings for approval; and
c - Deny the Humboldt’s Finest Agriculture, LLC (PLN-11869-CUP), Karolina Dragoytchev (PLN-11321-CUP), and Will Randall (PLN-13028-CUP) Conditional Use Permits and Special Permits.
Body
DISCUSSION:
Project Locations: PLN-11869-CUP - This project is in the Dinsmore area approximately 7 miles from Highway 36 at the property known as 5333 Forest Route 1N08. PLN-11321-CUP - This project is in the Ettersburg area, on the north side of Crooked Prairie Road, approximately 2.3 miles northeast from the intersection of Dutyville Road and Crooked Prairie Road, on the property known as 3111 Crooked Prairie Road. PLN-13028-SP - This project is in the Salmon Creek area, on the East and West side of Dickson Butte, approximately 2.6 miles Southwest from the intersection of Salmon Creek Road and Thomas Road, on the property known as 2583 Dickson Butte.
Present General Plan Land Use Designations: PLN-11869-CUP - Residential Agriculture (RA20-160) 20-160 acres per unit, 2017 General Plan; PLN-11321-CUP - Residential Agriculture (RA40) 40 acres per unit, 2017 General Plan; PLN-13028-SP - Residential Agriculture (RA40) 40 acres per unit, 2017 General Plan.
Present Zoning: PLN-11869-CUP - Forestry Recreation (FR-B-5(40)) with a B combining zone, 40-acre minimum. PLN-11321-CUP - Unclassified (U); PLN-13028-SP - Unclassified (U).
Environmental Review: Exempt from environmental review pursuant to State CEQA Guidelines Section 15270 (Projects Which Are Disapproved).
State Appeal: Project is NOT appealable to the California Coastal Commission.
Major Concerns: None.
Monitoring Required: None
PLN-11869-CUP Executive Summary: Humboldt’s Finest Agriculture LLC, has failed to pay invoices for staff costs, has not provided sufficient evidence to make the required findings for approval, and is suspended from conducting business in California by the Secretary of State. The applicant has been provided reasonable opportunity to correct deficiencies, and advance notice was provided that the application would be scheduled for denial.
Failure to Pay Staff Costs: At the time of the writing of this staff report, Humboldt’s Finest Agriculture, LLC has four unpaid invoices from the Planning and Building Department totaling $2,109,80. There are insufficient funds to continue processing the application. Under the CMMLUO, section 55.3.11 (k) applicants must pay all applicable application and annual inspection fees.
Summary Timeline of Project Processing:
• December 14, 2016 - Application received.
• February 9, 2017 - Notice of incomplete application sent to applicant.
• August 25, 2017 - Deficiency letter sent to applicant.
• July 19, 2018 - Another deficiency letter referencing February and August 2017 correspondences sent to applicant (Attachment 3A).
• March 16, 2022 - Updated deficiency letter incorporating recently received materials sent to applicant (Attachment 3A).
• October 28, 2024 - Front counter meeting between assigned planner and agent. Assigned planner explained deficiencies to agent.
• December 16, 2024 - Email describing ongoing deficiencies and referencing October 2024 meeting sent to applicant and agent. March 2022 deficiency letter resent to applicant and agent (Attachment 3A).
• May 4, 2026 - 30-day notice to complete application or withdraw project sent to applicant. Notice included warning that application would be scheduled for denial if there was no response (Attachment 3A).
• August 24, 2026 - Notice the application was scheduled for denial sent to applicant (Attachment 3A).
Lack of Sufficient Evidence: The applicant has failed to provide the requested analysis and restoration plan for the onsite relocation nor provided adequate information regarding availability of wastewater services. The applicant has failed to provide a restocking plan for timber conversion that occurred for purposes of cannabis cultivation after 2016. The most recent operations plan identifies an unpermitted well as the irrigation source with no well completion report. As identified in correspondence, the site and operations plan are incomplete and contain conflicting information or information that does not relate to the proposed project. The lease with the property owner has expired so there is no documentation of owner authorization.
Humboldt’s Finest Agriculture, LLC was suspended from conducting business in California by the Secretary of State on May 7, 2019. The property owner, Agroinvest LLC Co is an Illinois Corporation which has not registered and received authorization to conduct business in California by the California Secretary of State. Additionally, the Illinois Secretary of State involuntarily dissolved Agroinvest LLC on October 11, 2024.
PLN-11321-CUP Executive Summary: Karolina Dragoytchev, has failed to pay invoices for staff costs and has not provided sufficient evidence to make the required findings for approval. The applicant has been provided reasonable opportunity to correct deficiencies, and advance notice was provided that the application would be scheduled for denial.
Failure to Pay Staff Costs: At the time of the writing of this staff report, Karolina Dragoytchev has three unpaid invoices from the Planning and Building Department totaling $1,331,36. There are insufficient funds to continue processing the application. Under the CMMLUO, section 55.3.11 (k) applicants must pay all applicable application and annual inspection fees.
Summary Timeline of Project Processing:
• October 20, 2016 - Application Received
• December 8, 2016 - Notice of incomplete application sent to applicant (Attachment 3B).
• December 21, 2018 - Notice that a Determination of Status is required sent to applicant.
• February 7, 2022 - Email describing ongoing application deficiencies sent to applicant (Attachment 3B).
• September 20, 2022 - Conditional Certificate of Subdivision Compliance recorded.
• June 27, 2024 - Notification of intent to deny cannabis permit sent to applicant (Attachment 3B).
• May 4, 2026 - 30-day notice to complete application or withdraw project sent to applicant. Notice included warning that application would be scheduled for denial if there was no response (Attachment 3B).
• August 24, 2026 - Notice the application was scheduled for denial sent to applicant (Attachment 3B).
Lack of Sufficient Evidence: The applicant has not resolved the Conditional Certificate of Subdivision compliance (2022-017036). Additionally, the applicant has not provided the requested documentation demonstrating an eligible water source or provided documentation demonstrating the timber conversion was conducted in compliance with the Forest Practice Rules. The applicant has also not provided updated site and operations plans consistent with the eligibility requirements of the CMMUO.
PLN-13028-SP Executive Summary: Will Randall has not provided sufficient evidence to make the required findings for approval. The applicant has been provided reasonable opportunity to correct deficiencies, and advance notice was provided that the application would be scheduled for denial.
Failure to Pay Staff Costs: At the time of the writing of this staff report, Will Randall has no unpaid invoices. However, there are insufficient funds on account to continue processing.
Summary Timeline of Project Processing:
• December 29, 2016 - Application Received
• February 9, 2017 - Notice of incomplete application sent to applicant (Attachment 3C).
• August 30, 2017 - Deficiency letter sent to applicant (Attachment 3C).
• November 30, 2022 - Additional deficiency letter sent to applicant stating no response received to August 2017 correspondence. Letter included notice that application would be processed with recommendation of denial if no response received (Attachment 3C).
• August 24, 2026 - Notice the application was scheduled for denial sent to applicant (Attachment 3C).
Lack of Sufficient Evidence: No responses were received resolving the August 30, 2017 deficiency letter. The application is missing basic requirements such as the acknowledgement form, documentation of an eligible water source, and documentation of prior cultivation. The original site and operations plan do not contain required content and have not been updated.
Environmental Review: The projects are statutorily exempt from environmental review pursuant to State CEQA Guidelines Section 15270 (Projects Which Are Disapproved).
OTHER AGENCY INVOLVEMENT:
The project was referred to the standard list of commenting agencies. With additional review of the project, it is evident that the project will require re-referral to make a recommendation of approval.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect to direct staff to continue to work with the applicant 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 the deficiencies have remained unresolved and the lack of responsiveness from the applicant, staff does not recommend this alternative.
ATTACHMENTS:
1. Draft Resolutions
A. Humboldt’s Finest Agriculture, LLC PLN-11869-CUP
B. Karolina Dragoytchev PLN-11321-CUP
C. Will Randall PLN-13028-SP
2. Location Maps
A. Humboldt’s Finest Agriculture, LLC PLN-11869-CUP
B. Karolina Dragoytchev PLN-11321-CUP
C. Will Randall PLN-13028-SP
3. Planning and Building Department Correspondence
A. Humboldt’s Finest Agriculture, LLC PLN-11869-CUP
B. Karolina Dragoytchev PLN-11321-CUP
C. Will Randall PLN-13028-SP
4. Public Comment
Applicant (PLN-11869-CUP):
Humboldt’s Finest Agriculture, LLC
Georgi Urdov
50 N Northwest Hwy, Unit 202
Park Ridge IL 60068
Owner (APN 210-117-023):
Agroinvest LLC Co
1646 S River St Unit 314
Des Plaines IL 60016
Agent (PLN-11869-CUP):
None
Applicant (PLN-11321-CUP):
Karolina Dragoytcheva
701 Helen Drive
Northbrook IL 60062
Owner (APN 221-161-016):
Karolina Dragoytcheva
628 Dunsten Cir.
Northbrook IL 60062
Agent (PLN-11321-CUP):
None
Applicant (PLN-13028-SP):
Will Randall
PO Box 202
Phillipsville CA 95559
Owner (APN 221-061-038):
Mark Randall
PO Box 202
Phillipsville CA 95559
Agent (PLN-13028-SP):
Native Ecosystems, Inc.
Hugh McGee
PO Box 114
Petrolia CA 95558
Please contact Steven Santos, Senior Planner, at sasantos@co.humboldt.ca.us or 707-268-3749 if you have questions about this item.