File #: 24-1732    Version: 1
Type: Agenda Item Status: Approved
File created: 9/25/2024 In control: Board of Supervisors
On agenda: 10/22/2024 Final action: 10/22/2024
Title: 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: ...
Attachments: 1. A - Appeal Packet - CCUP-A24-0003, 2. B - Appeal Packet - CCUP-A24-0004, 3. C - Staff Appeal Memo, 4. D - Approved Resolution Routing Sheet, 5. E - Resolution of Appeals Denial CCUP-A24-0003 and CCUP-A24-0004, 6. F - Staff Memo to PC 09.12.2024, 7. G - Staff Memo to PC 08.22.2024, 8. H - Staff Report, 9. I - Staff Report Exhibits A-I, 10. J - Staff Report Exhibit J ISMND, 11. K - Findings, 12. L - Conditions of Approval, 13. M - Well Destruction and Watershed Map, 14. Applicant Submission BOS Rcvd. 10-17-2024, 15. Applicant Response to Appeal, 16. Public Comment BOS Rcvd. 10-21-2024, 17. Executed Resolution 176-2024, 18. Appellant Judy Husak handouts BOS RCvd 10-22-2024 BOS 10-22-2024.pdf, 19. Appellant Leslie Schoenfeld presentation.pdf, 20. Public Comment Rcvd 10-22-2024 BOS 10-22-2024.pdf
Related files: 24-1431
Title
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.
Body
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,...

Click here for full text