File #: 24-741    Version: 1 Name:
Type: Resolution Status: Public Hearing
File created: 4/8/2024 In control: Planning and Building
On agenda: 4/23/2024 Final action:
Title: Revocation of a Conditional Use Permit for 5,000 Square Feet of Outdoor and 7,600 Square Feet of Mixed Light Cultivation
Strategic Framework: 1000 - SAFE AND HEALTHY COMMUNITIES
Attachments: 1. Staff Report, 2. Attachment 1 - DRAFT Resolution 4.pdf, 3. Attachment 2 - PC Resolution 19-95 and COA, 4. Attachment 3A - 11697 Inspection report 4.19.2022, 5. Attachment 3B - 11697 Inspection report 5.23.2023, 6. Attachment 4 - Inspection Photos, 7. Attachment 5 - Correspondence, 8. Attachment 6 - Posting, 9. Attachment 7 - Return Receipt, 10. Attachment 8 - Notice of permit revocation hearing 4.23.24, 11. Attachment 9 - 11697 Post continued hearing letter 3.27.24, 12. Public Comment H2 - Received by publishing.pdf, 13. Resolution No. 24-53.pdf
Previous Action/Referral: 19-1151, 24-360

To: Board of Supervisors

From: Planning and Building Department

Agenda Section: Public Hearing

Vote Requirement: Majority

SUBJECT:
title
Revocation of a Conditional Use Permit for 5,000 Square Feet of Outdoor and 7,600 Square Feet of Mixed Light Cultivation
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing, 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 the permit has been exercised contrary to the terms or conditions of approval, and that the use for which the permit has been granted has been conducted as to be a public nuisance; and
b. Revokes the Conditional Use Permit pursuant to Section 312-14 of the Humboldt County Code.
4. 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

Body
SOURCE OF FUNDING:
General Fund (1100277)

DISCUSSION:
Executive Summary
This item requests the Board of Supervisors revoke an approved Conditional Use Permit because the terms and conditions of the permit have not been complied with, and the use for which the permit was granted has been conducted as to be a nuisance. The site has not been in compliance since an April 2022 inspection, and the permit holder has been unresponsive to the Planning Department's phone calls, emails, and letters. In addition, the project has a current balance of $4,893.65 owed to the Planning and Building Department. The hearing was continued from the Board meeting of March 26, 2024 as the permit holder made contact with the Planning and Building Department in response to a notice posted on the site. The permit holder has not taken action to correct any of the deficiencies or violations.

Project History
The permit was approved by the Planning Commission on Aug. 1, 2019, with an effective ...

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