File #: 20-799    Version: 1 Name:
Type: Board Order Status: Passed
File created: 6/18/2020 In control: Planning and Building
On agenda: 6/23/2020 Final action: 6/23/2020
Title: Redwood Properties' Appeal of the Planning Commission Approval of The Emerald Triangle Group, LLC Co's Special Permits to Allow Cannabis Distribution and Non-volatile Manufacturing in the C-2(D) Zoning District
Attachments: 1. Staff Report, 2. Emerald Triangle - Attachment 1 BOS Resolution.pdf, 3. Attachment 2_ Site and Building Plan 12733.pdf, 4. Attachment 3 Appeal Filed by Allison Jackson on behalf of Redwood Properties.pdf, 5. Attachment 4 PC Resolution 19-140_Emerald Triangle_12733 12747.pdf, 6. Attachment 5 Transcript of HCPC 12-5-19 Updated.pdf, 7. Attachment 6 Planning Commission Staff Report.pdf, 8. Attachment 7 Ordinance 2559 Commercial Medical Marijuana Land Use Ordinance (CMMLUO).pdf, 9. Attachment 8 Emerald Triangle 16053 Board Report 05-19-20 .final.pdf, 10. Attachment 9 TranscriptofProceedings.pdf, 11. Attachment 10 Public Comments of Support_Item K-2.pdf, 12. Public Comment I2

To: The Humboldt County Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

SUBJECT:
title
Redwood Properties' Appeal of the Planning Commission Approval of The Emerald Triangle Group, LLC Co's Special Permits to Allow Cannabis Distribution and Non-volatile Manufacturing in the C-2(D) Zoning District
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. Find the project exempt from the California Environmental Quality Act (CEQA) Section 15301 (Existing Facilities) and 15303 (Small New or Conversion of Existing Structures);
b. Make the findings to reject the appeal and approve the Special Permits as conditioned;
c. Deny the Appeal submitted by Redwood Properties; and
d. Approve the Special Permit for Cannabis Distribution and the Special Permit for Cannabis Manufacturing.

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SOURCE OF FUNDING:
The Appellant has paid the appeal fee associated with filing this appeal.

DISCUSSION:

Executive Summary

This is a continuance of the public hearing item from Tuesday May 19, 2020. The Board heard the staff report on the proposed project, heard from the applicant and the appellant, and heard from members of the public. At the time of the hearing, the applicant Emerald Triangle Group, LLC Company was not a legal entity due to a lapse in corporate reporting with the State. It was recommended that the hearing be continued to allow time for the corporate entity status to be reinstated to good standing. The applicant has resolved the corporate issues and now has a status of Active with the Secretary of State. The applicant is therefore a legal entity to whom a permit entitlement may be granted.

Alison Jackson, legal counsel on behalf of the appellant, has asserted that a pen...

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