To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Time Certain Matter
SUBJECT:
title
9:15 AM - Request for direction related to Coastal Zone Commercial Cannabis Land Use Ordinance Cultivation Section 313-55.4.6.4.4.1.3 which requires a 600-foot setback from Tribal Cultural Resources and Section 313-55.4.6.4.4.1.6 which allows for the required setback to be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses.
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report and presentation by County staff and Tribal representatives, and open public comment; and
2. Close the public comment portion of the hearing; and
3. Deliberate and find that a single tribe can determine if there is a tribal cultural resource in this context.
4. Direct staff to take other action as appropriation, including, but not limited to: directing staff to initiate an amendment to the CCLUO to allow for a CEQA focused process to resolve disagreements between tribes.
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SOURCE OF FUNDING:
Applicant fees.
DISCUSSION:
The Planning Department is requesting the Board of Supervisors provide guidance on the Coastal Zone Commercial Cannabis Land Use Ordinance Cultivation Section 313-55.4.6.4.4.1.3 which requires a 600-foot setback from Tribal Cultural Resources and Section 313-55.4.6.4.4.1.6 which allows for the required setback to be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses. Two local tribes have taken opposing positions on whether the project site is a Tribal Cultural Resource and whether the cultural resource setback should be waived. This situation has not been confronted previously, and the ordinance does not provide a process for resolution when there is a disagreement between tribes.
The Humboldt Bay Company, LLC submit...
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