File #: 24-1615    Version: 1 Name:
Type: Resolution Status: Pulled
File created: 11/20/2024 In control: Planning and Building
On agenda: 2/4/2025 Final action: 2/4/2025
Title: Appeal of Suspension of a Conditional Use Permit and Revocation of a Conditional Use Permit for Cannabis Cultivation.
Strategic Framework: 5000 – SUSTAINABLE NATURAL RESOURCE & INFRASTRUCTURE STEWARDSHIP, 9999 - Core Services / Other
Attachments: 1. Staff Report, 2. Attachment 1 - Draft BOS Resolution and Findings PLN-12280-CUP, 3. Attachment 2 - PC Resolution 21-99_Rockaway Investments_12280 with Conditions of Approval, 4. Attachment 3A - PLN-12280 Inspection 9.9.22 AnnualComplianceInsp_V1_20220916_130844, 5. Attachment 3B - PLN-12280 Inspection 8.2.23 AnnualComplianceInsp_V1_20230829_170420, 6. Attachment 3C - PLN-12280 Inspection 7.26..24 AnnualComplianceInsp_V1_20240809_163603, 7. Attachment 3D - PLN-12280 Inspection 10.24.24 AnnualComplianceInsp_V1_20241025_094800, 8. Attachment 4 - PLN-12280 Mana Farm Agent Response (ETA Management Group), 9. Attachment 5 - Letter of Suspension and Permit Revocation PLN-12280, 10. Attachment 6 - Notice of Public Hearing to Consider Revocation Letter, 11. Attachment 7 - Photographic Evidence, 12. Attachment 8 - PLN-12280 CUP Suspension Letter Posting Photos, 13. Attachment 9 - PLN-12280 Notice of Appeal [11.15.24] (ETA Management Group), 14. Attachment 10 - Kathy Hall, Rockaway Investments - Notice of Violation, North Coast Reginal, 15. Attachment 11 - Streambed Alteration Agreement – EMPIMS HUM-04338-R1 (1602), 16. Attachment 12 - State of California Department of Fish and Wildlife Finding Report Nov 19 2024, 17. Attachment 13 - January 29.2024 response and attachments
Previous Action/Referral: 21-902

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Departmental - Received Too Late For Review (TLFR)

Vote Requirement: Majority

SUBJECT:
title
Appeal of Suspension of a Conditional Use Permit and Revocation of a Conditional Use Permit for Cannabis Cultivation.
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the resolution (Attachment 1) which does the following:
a. Finds the permit has been exercised contrary to the terms and conditions of permit approval; and
b. Finds the use for which the permit was granted has been conducted as to be a public nuisance; and
c. Revokes the Conditional Use Permit pursuant to Section 312-14 of the Humboldt County Code.
2. Direct the Clerk of the Board to give notice of the decision to the permit holder, the Planning and Building Department, and any other interested party.

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STRATEGIC PLAN:
This action supports the following areas of your Board's Strategic Plan.

Area of Focus: Sustainable Natural Resources & Infrastructure Stewardship
Strategic Plan Category: 9999 - Core Services/Other

DISCUSSION:
Executive Summary
This item requests the Board of Supervisors revoke an approved Conditional Use Permit (CUP) for cannabis cultivation because the site has been operated in violation of the conditions of approval, most significantly using a water source that is an illegal diversion of water (Little Larabee Creek.) Other conditions of this permit have not been complied with, including disposal and storage of hazardous materials and refuse and the requirement to do drawdown testing on the permitted well. The water diversion is significant particularly since this was a concern expressed by the California Department of Fish and Wildlife during consideration of the permit.
Additionally, the permit holder is appealing the Planning Director's October 31, 2024, suspension of the permit, which was primarily related to the illegal diversion from Little Lara...

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