File #: 23-1515    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 11/6/2023 In control: Planning and Building
On agenda: 12/5/2023 Final action: 12/5/2023
Title: Appeal of the Planning Commission Decision to Deny a Conditional Use Permit for 22,000 Square Feet (SF) Existing Outdoor Cannabis Cultivation on a 90-Acre Parcel, and a Special Permit to Reduce the Setback to BLM Public Land
Sponsors: Planning and Building, Laura McClenagan
Attachments: 1. Staff Report, 2. Attachment 1 Resolution Final, 3. Attachment 1A - Conditions of Approval, 4. Attachment 1B - Cultivation Operations Plan, 5. Attachment 1C - Site Plan, 6. Attachment 1D - CEQA Addendum, 7. Attachment 2 - Justification for Appeal of Decision, 8. Attachment 3 - Planning Commission Staff Report, 9. Attachment 4A - Big River Farms Signed LSAA Agreement_03.19.2019, 10. Attachment 4B - Hydrologic Isolation Assessment SIGNED 04.13.2023, 11. Attachment 4C - Update to Well Analysis 07.18.2023, 12. Attachment 4D - Light Management Plan 05.01.2019, 13. Attachment 4E - NOI 6.30.2017, 14. Attachment 4F - Property Boundary Survey 03.19.2019, 15. Attachment 4G - Road Evaluation 06.01.2018, 16. Attachment 4H - Water Well Application 12.18.2018, 17. Attachment 4I - Well Completion Report 12.18.2018, 18. Attachment 4J - WRPP 12.18.2018, 19. Attachment 4K - DEH Worksheet 6.30.2017, 20. Attachment 4L - Restocking Plan 07.10.2023, 21. Attachment 4M - Wildlife Assessment Report 04.26.2019, 22. Attachment 5 - Adopted Resolution of the Planning Commission, Resolution No. 23-082, 23. Attachment 6 - Public Comments Submitted to the Planning Commission, 24. Attachment 7 - Referral Agency Comments and Recommendations
Previous Action/Referral: 23-1258

To: The Humboldt County Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

SUBJECT:
title
Appeal of the Planning Commission Decision to Deny a Conditional Use Permit for 22,000 Square Feet (SF) Existing Outdoor Cannabis Cultivation on a 90-Acre Parcel, and a Special Permit to Reduce the Setback to BLM Public Land
end

RECOMMENDATION:
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the appellant (applicant), and testimony from the public;
2. Close the public hearing;
3. Adopt the resolution (Attachment 1) which does the following:
a) Finds that the Humboldt County Board of Supervisors has considered the Mitigated Negative Declaration for the Commercial Medical Marijuana Land Use Ordinance and the project specific addendum prepared for the Big River Farms, LLC project);
b) Finds the proposed project complies with the General Plan and Zoning Ordinance;
c) Approves the Appeal submitted by Big River Farm, LLC; and
d) Approves the Conditional Use Permit and Special Permit subject to the recommended conditions of approval; and
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 paid the fee associated with filing this appeal.

DISCUSSION:

Executive Summary
This is an appeal of the Humboldt County Planning Commission's September 21, 2023, denial of the Big River Farm, LLC Conditional Use Permit and Special Permit. Big River Farm, LLC is appealing the decision, citing relevant factors were not considered and that only hearsay and speculation rather than substantial evidence was the basis of the decision to deny the project. The Planning and Building Department supports the appeal and recommends the appeal be approved and the project approved subject to the Recommended Conditions of Approval.

Project...

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