File #: 19-720    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 5/7/2019 In control: Planning and Building
On agenda: 9/3/2019 Final action: 9/3/2019
Title: 1:30 p.m. - The Bluff Creek Company, Inc. appeal of the Planning Commission denial of The Bluff Creek Company, Inc. Special Permits to allow 9,200 square feet of existing outdoor commercial cannabis cultivation operations within 600 feet of Public Lands
Attachments: 1. Staff Report, 2. Attachment 1 BOS Resolution final.pdf, 3. Attachment 1-Exhibit A: Yurok Resolution 18-87_11.09.2018.pdf, 4. Attachment 2 Application to Appeal to BOS..pdf, 5. Attachment 3 PC Resolution 19-16_Bluff Creek Company Inc_12834.pdf, 6. Attachment 4 PC Staff Report for SP-16-667.pdf, 7. Attachment 5 Applicant Submitted Information at PC mtg on 2.07.19 12834.pdf, 8. Attachment 6 Yurok Tribe Letter.pdf, 9. Public Comment

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Time Certain Matter

SUBJECT:
title
1:30 p.m. - The Bluff Creek Company, Inc. appeal of the Planning Commission denial of The Bluff Creek Company, Inc. Special Permits to allow 9,200 square feet of existing outdoor commercial cannabis cultivation operations within 600 feet of Public Lands
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing and receive the staff report, testimony by the appellant (applicant), and public;
2. Close the public hearing;
3. Adopt the attached resolution (Resolution 19-__ (Attachment 1) doing the following:
a. Finding that the California Environmental Quality Act (CEQA) provisions do not apply to the project per section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines; and
b. Finding the project cannot be approved because it is inconsistent with the Commercial Medical Marijuana Land Use Ordinance; and
c. Deny the appeal and deny the Special Permits;
4. Direct the Clerk of the Board to give notice of the decision to the appellant and project applicant, the property owner, and any other interested party.

Body
SOURCE OF FUNDING:
The Appellant has paid in full the appeal fee associated with filing this appeal.

DISCUSSION:

Executive Summary
This is an appeal of the Humboldt County Planning Commission's February 7, 2019 denial of The Bluff Creek Company Inc. Special Permits for 9,200 square feet of existing outdoor cultivation, appurtenant propagation and processing activities, and a setback reduction to less than 600 feet from public lands (Six Rivers National Forest). The proposed project is located on the east side of Highway 96 (between the highway and Klamath River) approximately 3 miles northeast of Weitchpec. The Planning Commission denied the project because it is located within a ceremonial district and thus does not meet the 600-foot setback from a Tribal Cultural Resou...

Click here for full text