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File #: 25-907    Version: 1 Name:
Type: Resolution Status: Failed
File created: 7/21/2025 In control: Zoning Administrator
On agenda: 8/7/2025 Final action: 8/7/2025
Title: Frank Fishl, Special Permit Assessor Parcel Number (APN) 529-035-020 Record No.: PLN-12189-SP Orleans area Denial of a Special Permit for 6,900 square feet of existing outdoor commercial cannabis cultivation.
Attachments: 1. 12189 Staff Report 8.7.25, 2. Attachment 1 - DRAFT Resolution, 3. Attachment 2 - Location Maps, 4. Attachment 3 - Planning Department Correspondence
To: Zoning Administrator

From: Planning and Building Department

Agenda Section: Consent

SUBJECT:
title
Frank Fishl, Special Permit
Assessor Parcel Number (APN) 529-035-020
Record No.: PLN-12189-SP
Orleans area

Denial of a Special Permit for 6,900 square feet of existing outdoor commercial cannabis cultivation.
end

RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:

1. Adopt the resolution, (Attachment 1) which does the following:

a. Finds the Zoning Administrator has found the project exempt from environmental review pursuant to State CEQA Guidelines Section 15270; and

b. Finds the applicant has not provided sufficient evidence necessary to make the required findings for approval; and

c. Deny the Frank Fishl Special Permit (PLN-12189-SP).

Body
DISCUSSION:
Project Location: The project site is located in the McKinleyville area, on the west side of Hoffman Avenue, just west of the intersection of Hoffman Avenue and Visser Court, on the property known as 1174 Hoffman Avenue.

Present General Plan Land Use Designation: Residential Agricultural (RA); Timberland (T); 2017 General Plan; Density: 5-20 acres per unit; Slope Stability: High Instability (3) and Low Instability (1)

Present Zoning: Agricultural Exclusive (AE); Timber Production Zone (TPZ)

Environmental Review: Exempt from environmental review pursuant to State CEQA Guidelines Section 15270 (Projects which are disproved).

State Appeal: Project is NOT appealable to the California Coastal Commission.

Major Concerns: Lack of evidence to support required findings for approval.

Executive Summary: Denial of a Conditional Use Permit for 6,900 square feet of existing outdoor commercial cannabis cultivation. The application was filed on December 21, 2016. The applicant has not provided evidence that the proposed cultivation has or will have an eligible per section 55.4.10 of the Commercial Medical Marijuana Land Use Ordinance (CMMLUO).

Summary Timeline of Project Processi...

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