To: The Humboldt County Board of Supervisors
From: Planning and Building Department
Agenda Section: Time Certain Matter
SUBJECT:
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1:30 p.m. - Maple Creek Investments, LLC Appeal of the Planning Commission Denial of a Special Permit to Allow 27,025 Square Feet of New Outdoor Cannabis Cultivation
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RECOMMENDATION:
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the applicant/ appellant and public;
2. Close the public hearing;
3. Adopt the resolution (Resolution 20-__) (Attachment 1) which has the Board do the following:
a. Consider the Addendum along with the Environmental Impact Report certified for the CCLUO per section 15162(c) of CEQA Guidelines; and
b. Make the findings to grant the appeal submitted by Maple Creek Investments, LLC and to approve the Special Permit;
c. Grant the Appeal;
d. Approve the Special Permit; and
e. Direct Planning Staff to file a Notice of Determination in compliance with CEQA.
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SOURCE OF FUNDING:
The Appellant has paid the appeal fee associated with filing this appeal.
DISCUSSION:
Executive Summary
This is an appeal of the Humboldt County Planning Commission's August 6, 2020 denial of a Special Permit application to allow 27,025 square feet of new outdoor cannabis cultivation. The applicant/appellant believes the Planning Commission denied the project without identifying reasons for the denial or providing an itemized resolution of the denial, that the Commission did not conduct a hearing free of bias and fair under constitutional due process principles, whereas the applicant followed the law and did everything requested by the county, and the Planning and Building Department recommended this project for approval. The applicant/appellant also notes the negative precedent the Planning Commission would set relative to permitted growers, and economic development and the growth of the cannabis industry.
The Planning Commission...
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