File #: 24-1533    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/30/2024 In control: Planning and Building
On agenda: 12/3/2024 Final action: 12/3/2024
Title: 10:30 AM - Revocation of a Conditional Use Permit for Kernan Construction for a Rock Aggregate Processing and Materials Storage and Handling Yard Facility
Strategic Framework: 1000 - SAFE AND HEALTHY COMMUNITIES, 9999 - Core Services / Other
Attachments: 1. Staff Report, 2. Attachment 1 - Kernan Draft Resolution Revocation, 3. Attachment 1A - Exhibit A - Revised COA, 4. Attachment 2 - Kernan Intent Revoke letter, 5. Attachment 3 - CUP-00-27 COA 8.16.2001, 6. Attachment 3a - Operations Plan, 7. Attachment 3b - Site Plan, 8. Attachment 3c - PC Staff Report, 9. Attachment 4 - Kernen NOV 10.11.2023, 10. Attachment 5 - Table of complaints received, 11. Attachment 6 - October 18, 2024 Inspection Report, 12. Attachment 7 - Email from Sheriff to John Ford, 13. Attachment 8 - 24-11-08 Ltr re Kernen CUP, 14. Attachment 9 - County reply to Kernen reply to NOV 11.14.2023 (003), 15. Attachment 10 - Email to applicant (add info needed) 03.26.2024 (1), 16. Attachment 11 - January 13, 2024 Drone Footage Images, 17. Attachment 12 - Submittal from Lynne Owens, 18. Attachment 13 - Submittal from Linda Miller, 19. Attachment 14 - CDFW comments, 20. Public Comment Prior to Publishing - G.3, 21. Public Comment Prior to Publishing - G.3 2.0, 22. Public Comment Post Meeting - G.3
Previous Action/Referral: 25-144, 25-468, 25-459

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Time Certain Matter

Vote Requirement: Majority

SUBJECT:
title
10:30 AM - Revocation of a Conditional Use Permit for Kernan Construction for a Rock Aggregate Processing and Materials Storage and Handling Yard Facility
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the permit holder and testimony from the public; and
2. Close the public hearing; and
3. Adopt the resolution (Attachment 1) which does the following:
a. Finds that the permit has been exercised contrary to the terms or conditions of approval; and
b. Finds that the permit has been exercised in violation of the Humboldt County Code; and
c. Finds that the use for which the permit was granted is so conducted as to be a nuisance; and
d. Modifies the Conditional Use Permit to eliminate use of the northern yard area pursuant to Section 312-14 of the Humboldt County Code; and
e. Adds conditions related to noise and operating outside of normal business hours.; 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
STRATEGIC PLAN:
This action supports the following areas of your Board's Strategic Plan.

Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 9999 - Core Services/Other


DISCUSSION:
Executive Summary
This revocation is asking the Board of Supervisors to consider modification of an approved Conditional Use Permit (CUP-00-27) for a rock aggregate processing and materials storage and handling yard. The permit has been exercised contrary to the terms and conditions of approval and in violation of the Humboldt County Code, and the use for which the permit was granted has been conducted as to be a nuisance. The recommendation is to modify the permit to eliminate the use of the northern yar...

Click here for full text