File #: 23-416    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 3/23/2023 In control: Planning and Building
On agenda: 4/18/2023 Final action: 4/18/2023
Title: Evergreen Exotics Zoning Code Amendment Petition APN: County Wide Case No.: PLN-2022-18016
Sponsors: Planning and Building
Attachments: 1. Staff Report, 2. Attachment 1 Resolution .pdf, 3. Attachment 2 Copy of Application, 4. Attachment 3 Location Map, 5. Resolution No. 23-51.pdf

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Departmental

SUBJECT:
title
Evergreen Exotics Zoning Code Amendment Petition
APN: County Wide
Case No.: PLN-2022-18016
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached resolution (Attachment 1) to find the petition meets the criteria specified in the Zoning Ordinance and accept the petition; and
2. Direct the Clerk of the Board to give notice of the decision to the applicant and any other interested party.

Body
SOURCE OF FUNDING:
Applicant fees.

DISCUSSION:
The Board of Supervisors is asked to accept for processing and analysis a zoning code amendment to change the Commercial Cannabis Land Use Ordinance (CCLUO) to allow indoor cultivation in Business Park (MB) zones in the inland area of the county. (Humboldt County Code section 312-50.4.) A property owner initially made the request, and the request is valid, so the Planning & Building Department is bringing this forward as a proposed amendment. The property owner brought this up because a zoning reclassification of a single parcel would not be appropriate within an established business park.

In the inland area, there are 32 parcels zoned MB with an approximate total of 55.26 acres. The proposed amendment would affect all MB zoned parcels located in the inland area.

Distribution, offsite processing, enclosed nurseries, community propagation centers, and manufacturing are currently allowed in MB zones under the CCLUO. Cultivation in MB zones was previously authorized by the Commercial Medical Marijuana Land Use Ordinance (CMMLUO) however it was not authorized in the MB zone under the CCLUO. There is no clear legislative history regarding why MB zones were not included as eligible cultivations sites in the transition from the CMMLUO to the CCLUO. Anecdotal evidence suggests that concerns about odor impacts for adjacent tenants in business parks may have been a factor...

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