To: The Humboldt County Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
An Appeal of the Zoning Administrator's Denial of a Conditional Use Permit for 15,236 Square Feet of Existing Outdoor Commercial Cannabis Cultivation for Abbey Road Farming LLC
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RECOMMENDATION:
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by appellant, and testimony from the public; and
2. Close the public hearing; and
3. Adopt the attached resolution (Attachment 1) which does the following:
a. Finds that the denial is exempt from CEQA;
b. Makes findings to deny the Conditional Use Permit and deny the appeal;
c. Denies the appeal;
d. Denies the Conditional Use Permit for Abbey Road Farming, LLC; 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.
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SOURCE OF FUNDING:
The appellant has paid the fee associated with filing this appeal. (1100268-608420). The cost of the appeal does not cover the cost of processing the appeal and thus this is an unbudgeted cost to the General Fund.
DISCUSSION:
Executive Summary
This is an appeal of the Zoning Administrator's decision to deny a Conditional Use Permit for 15,236 square feet of existing outdoor commercial cannabis cultivation, based upon the applicant's unresponsiveness to repeated requests to supply information needed to complete review of the application. This information is still lacking and findings for approval of the application cannot be made, thus the application cannot be approved.
The standard for an appeal is whether the Hearing Officer's decision was in accord with the standards and regulations of the zoning ordinance, or whether there was an error or an abuse of discretion by the Hearing Officer. The Zoning Administrator's denial was consistent with the zoning regulations and the CMMLUO an...
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