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File #: 20-1005    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/3/2020 In control: Planning and Building
On agenda: 8/25/2020 Final action: 8/25/2020
Title: Rocci Costa Appeal of the Planning Commission Denial of Conditional Use Permit to Allow 10,000 Square Feet of Open Air Cannabis Cultivation in the Blue Lake Community Area
Attachments: 1. Staff Report, 2. Attachment 1 Resolution.pdf, 3. Attachment 2 Costa Appeal.pdf, 4. Attachment 3 PC Resolution 20-18.pdf, 5. Attachment 4 PC Staff Report 3.05.2020.pdf, 6. Attachment 5 - Public comments.pdf, 7. Attachment 6 Costa Appeal Clarification.pdf, 8. Attachment 7 Letter from Costa, Rodney.pdf, 9. Attachment 8 Additional Public Comment Letters Received.pdf, 10. Public Comment Received by the Clerk of the Board.pdf, 11. Public Comment I1

To: The Humboldt County Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

SUBJECT:
title
Rocci Costa Appeal of the Planning Commission Denial of Conditional Use Permit to Allow 10,000 Square Feet of Open Air Cannabis Cultivation in the Blue Lake Community Area
end

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 does the following:
a. Finds the project exempt from environmental review pursuant to Section 15270 of the CEQA Guidelines.
b. Makes the findings to reject the appeal submitted by Rocci Costa; and
c. Denies the Conditional Use Permit.
Body

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 March 5, 2020 denial of a Conditional Use Permit application to allow 10,000 square feet of unenclosed cannabis cultivation within the Blue Lake Community Planning area. The Planning Commission denial was based on the potential adverse impacts to the health, safety, and welfare of the Warren Creek neighborhood. The CCLUO has an increased level of sensitivity relative to protection of communities and requires ministerial applications under the CMMLUO chose an action to address community compatibility. The applicant chose to apply for a Conditional Use Permit and the Commission found this project is not compatible with the neighborhood. The Planning Commission action is consistent with the direction given by the CCLUO. The applicant/appellant believes the Planning Commission made errors in their action and was provided information by the public that lead them to the wrong conclusion. The information from the public may have been misleading, but it is clea...

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