Title
HEARING - To consider an appeal received from Jason Kipperman (CCUP-A25-0001) appealing the Planning Commission’s February 27, 2025 denial of Rosewood Commercial Cannabis Use Permit CCUP21-0007 for the construction and operation of a cannabis cultivation facility for medical and adult-use recreational cannabis, on property identified by Assessor’s Parcel Numbers 095-130-051 and 095-130-054, consisting of 20.24 acres, in the Somerset area, submitted by Jason Kipperman; and staff recommending the Board of Supervisors take one of the following actions:
1) Deny appeal, CCUP-A25-0001, and uphold the Planning Commission’s denial of Rosewood Commercial Cannabis Use Permit CCUP21-0007 based on the Findings (Attachment J) as presented; and Adopt and Authorize the Chair to sign Resolution 048-2025 (Attachment D), denying appeal CCUP-A25-0001 with Findings of Fact; or
2) Approve appeal, CCUP-A25-0001, and reverse the Planning Commission’s denial of Rosewood Commercial Cannabis Permit CCUP21-0007, thereby approving CCUP21-0007 based on the Findings (Attachment J), subject to the Conditions of Approval (Attachment K) and Adopt and Authorize the Chair to sign Resolution 049-2025 (Attachment E), approving appeal CCUP-A25-0001 with Findings of Fact.
(District 2)
FUNDING: Privately-funded appeal for applicant-funded project.
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DISCUSSION / BACKGROUND
On February 27, 2025 (Legistar file 25-0251), the Planning Commission held a public hearing to consider a request for a Commercial Cannabis Use Permit (CCUP21-0007) 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 Numbers 095-130-051 and 095-130-054, in the Somerset area, submitted by Jason Kipperman. The Planning Commission denied Commercial Cannabis Use Permit CCUP21-0007 with a three (3) to two (2) vote.
Timely filed on March 7, 2025, appeal CCUP-A25-0001 submitted by Jason Kipperman (Attachment A) was submitted, appealing the Planning Commission’s February 27, 2025 denial of Commercial Cannabis Use Permit CCUP21-0007 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 Numbers 095-130-051 and 095-130-054.
Staff’s response to the appeal and conclusion is detailed in a Staff Memo attached as Attachment B.
ALTERNATIVES
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
FINANCIAL IMPACT
An appeal fee of $450 has been collected for appeal, CCUP-A25-0001; however, staff costs associated with this appeal exceed the collected fees.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Dependent upon Denial or Approval of appeal:
1) Clerk of the Board to obtain signature of Chair on one (1) original Resolution XXX-2025; and
2) Clerk of the Board to return one (1) fully executed Resolution XXX-2025 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