File #: 22-830    Version: 1 Name:
Type: Appeal Status: Passed
File created: 6/17/2022 In control: Planning and Building
On agenda: 6/28/2022 Final action: 6/28/2022
Title: Homestead Collective Weed Company Appeal of the Zoning Administrator's Conditional Approval of a Special Permit for an Existing 10,000 Square Foot Outdoor Cannabis Cultivation Operation
Attachments: 1. Staff Report, 2. Attachment 1 Draft Resolution, 3. Attachment 2 - 16921 Appeal Request 01.05.2021, 4. Attachment 3 - PLN-12237-SP Staff Report ZA, 5. Attachment 4 - ZA Resolution 20-106_Hometead Collective Weed Co LLC_12237, 6. Attachment 5 - Letter regarding COA 12, 7. Attachment 6 - PLN-12237-SP Staff Report PC, 8. Attachment 7A - Sp-12237 Appeal, 9. Attachment 7B - FW Homestead Weed Collective 12237 Appeal, 10. Attachment 7C - 12237 - Additional Account Adjustment, 11. Attachment 7D - Sp-12237, 12. Attachment 7E - 12237 Homestead Collective staff report, 13. Attachment 7F - 12237 Homestead Collective staff report, 14. Attachment 7G - Re Sp12237, 15. Attachment 7H - Sp12237, 16. Attachment 7I - Civil rights violation cannabis permitting, 17. Attachment 7J - Sp-12237 Apn#217-401-011-000, 18. Attachment 8 - Aquatic Delineation Report 8.8.20, 19. #1 All Applications.pdf, 20. #2 Grading Wrong Property.pdf, 21. #3 Cost Report Prior to Tax Issue.pdf, 22. #4 Reason for Denial #1 PC.pdf, 23. #5 No Response Measure S Tax.pdf, 24. #6 Willing to Pay Regardless of Fairness.pdf, 25. #7 JFord $18K fine.pdf, 26. #8 Pay and Get a Hearing for Appeal.pdf, 27. #9 Cost Recovery After Tax Issue.pdf, 28. #10 Staff Report 10.5 hrs.pdf, 29. #11 Same Hearing Staff Repot 10.5.pdf, 30. #12 Same Staff Report 14 hrs.pdf, 31. #13 Wetland Delination.pdf, 32. #14 Wetland Response.pdf, 33. #15 Payment Harrasment.pdf, 34. #16 2hrs Billed Wasn't vailble ZA Hearing.pdf, 35. #17 2hr Email to JFord.pdf, 36. #18 JFord Response 2hr Billed.pdf, 37. #19 Conditions of Approval.pdf

To: The Humboldt County Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

SUBJECT:
title
Homestead Collective Weed Company Appeal of the Zoning Administrator's Conditional Approval of a Special Permit for an Existing 10,000 Square Foot Outdoor Cannabis Cultivation Operation
end

RECOMMENDATION:
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the appellant (applicant), and public; and
2. Close the public hearing; and
3. Adopt the resolution (Resolution 22-__) (Attachment 1) which does the following:
a. Finds that the proposed project does not comply with all applicable terms of the Zoning Ordinance; and
b. Denies the Appeal submitted by Homestead Collective Weed Company LLC; and
c. Denies the Special Permit.
4. Direct the Clerk of the Board to give notice of the decision to the appellant, the Planning and Building Department, and any other interested party.

Body
SOURCE OF FUNDING:
The Appellant has not paid the proper fee associated with filing this appeal.

DISCUSSION:

Executive Summary
This is an applicant appeal of the Zoning Administrator's decision to approve a Special permit for an existing 10,000 square foot commercial cannabis operation. The appeal is based on concern with a condition of approval (COA #12) regarding the setback from a wetland on the site. The concern with the condition has been resolved, but the applicant/appellant still wants to pursue the appeal and is unwilling to pay the cost of processing his permit. The CMMLUO requires that application fees be paid. Since the applicant/appellant is unwilling to pay the processing fees, it is recommended that the appeal be denied and that the Special Permit be denied.

The project is for 10,000 square feet of pre-existing outdoor cultivation with electricity sourced from a generator and irrigation water sourced from an on-stream pond. This application has a long histo...

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