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HEARING - To consider appeals received from Judy Husak (CCUP-A24-0003) and Leslie Schoenfeld (CCUP-A24-0004) appealing the Planning Commission’s September 12, 2024 approval of Archon Commercial Cannabis Use Permit CCUP21-0008 for the construction and operation of a cannabis cultivation facility for medical and adult-use recreational cannabis, on property identified by Assessor’s Parcel Number 095-030-036, consisting of 114.69 acres, in the Somerset area, submitted by Kevin McCarty; and staff recommending the Board of Supervisors take the following actions:
1) Deny both appeals, CCUP-A24-0003 and CCUP-A24-0004, and uphold the Planning Commission’s approval of Archon Commercial Cannabis Use Permit CCUP21-0008 based on the Findings (Attachment K) and subject to the Conditions of Approval (Attachment L) as presented; and
2) Adopt and Authorize the Chair to sign Resolution 176-2024 (Attachment E), denying appeals CCUP-A24-0003 and CCUP-A24-0004 with Findings of Fact. (District 2)
FUNDING: Privately-funded appeals for applicant-funded project.
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DISCUSSION / BACKGROUND
On August 22, 2024 (Legistar File 24-1431), the Planning Commission held a public hearing to consider a request for a Commercial Cannabis Use Permit (CCUP21-0008) for the construction and operation of a cannabis cultivation facility for medical and adult-use recreational cannabis, on the property identified by Assessor’s Parcel Number 095-030-036, in the Somerset area, submitted by Kevin McCarty. The project was continued date certain to the September 12, 2024 Planning Commission Hearing. On September 12, 2024 (Legistar File 24-1431), the Planning Commission approved Commercial Cannabis Use Permit CCUP21-0008 with a three (3) to one (1) vote with one (1) absence.
Timely filed on September 23, 2024, appeal CCUP-A24-0003 submitted by Judy Husak (Attachment A) and appeal CCUP-A24-0004 submitted by Leslie Schoenfeld (Attachment B) were submitted, appealing the Planning Commission’s September 12, 2024 approval of Commercial Cannabis Use Permit CCUP21-0008 for the construction and operation of a cannabis cultivation facility for medical and adult-use recreational cannabis, on the property identified by Assessor’s Parcel Number 095-030-036.
Staff’s response to the appeals and conclusions are detailed in a Staff Memo attached as Attachment C.
ALTERNATIVES
1) Approve the appeals submitted by Judy Husak (CCUP-A24-0003) and Leslie Schoenfeld (CCUP-A24-0004) and overturn the Planning Commission’s approval of Archon Commercial Cannabis Use Permit CCUP21-0008, with direction to staff to return the Findings of Denial based upon Board of Supervisor direction; or
2) Approve the appeal submitted by Judy Husak (CCUP-A24-0003), deny the appeal submitted by Leslie Schoenfeld (CCUP-A24-0004), and overturn the Planning Commission’s approval of Archon Commercial Cannabis Use Permit CCUP21-0008, with direction to staff to return the Findings of Denial based upon Board of Supervisor direction; or
3) Approve the appeal submitted by Leslie Schoenfeld (CCUP-A24-0004), deny the appeal submitted by Judy Husak (CCUP-A24-0003), and overturn the Planning Commission’s approval of Archon Commercial Cannabis Use Permit CCUP21-0008, with direction to staff to return the Findings of Denial based upon Board of Supervisor direction.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
FINANCIAL IMPACT
An appeal fee of $450 has been collected for each appeal, CCUP-A24-0003 and CCUP-A24-0004; however, staff costs associated with this appeal exceed the collected fees.
CLERK OF THE BOARD FOLLOW UP ACTIONS
If the appeals are denied:
1) Clerk of the Board to obtain signature of Chair on one (1) original Resolution XXX-2024; and
2) Clerk of the Board to return one (1) fully executed Resolution XXX-2024 to the Planning and Building Department, attention Christopher Smith.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Robert Peters, Deputy Director of Planning
Planning and Building Department