File #: 24-0936    Version: 1
Type: Agenda Item Status: Approved
File created: 5/10/2024 In control: Board of Supervisors
On agenda: 5/21/2024 Final action: 5/21/2024
Title: HEARING - To consider appeal CCUP-A24-0002 received from Michael Pinette appealing the Planning Commission’s April 25, 2024, continuation off calendar of Commercial Cannabis Use Permit CCUP21-0004 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 046-710-017, consisting of 46.53 acres, in the Somerset area, submitted by Michael Pinette; and staff recommending the Board of Supervisors take the following action: 1) Deny appeal CCUP-A24-0002 and uphold the Planning Commission’s continuation off calendar of Commercial Cannabis Use Permit CCUP21-0004 with direction to prepare an Environmental Impact Report (EIR) or revise the project to address public concerns and testimony; and 2) Adopt and Authorize the Chair to sign Resolution 083-2024 (Attachment D), denying appeal CCUP-A24-0002 of CCUP21-0004 with Findings of Fact. FUNDING: Privately-funded appeals for applicant-fun...
Attachments: 1. A - Appeal Form, 2. B - Appeal Memo, 3. C - Counsel Approval of Appeal Denial Resolution, 4. D - Resolution of Appeal Denial, 5. E - Staff Report, 6. F - Staff Repoert Exhibits A-J, 7. G - Staff Report Exhibit K ISMND, 8. H - ISMND Appendices, 9. I - Findings, 10. J - Conditions of Approval, 11. K - CCUP21-0004 PC Memo, 12. L - Todd Moore Public Comments, 13. Public Comment BOS Rcvd. 5-21-2024, 14. Public Comment BOS Rcvd. 5-20-2024, 15. Public Comment BOS Rcvd. 5-17-2024, 16. Executed Resolution 083-2024
Related files: 24-0520
Title
HEARING - To consider appeal CCUP-A24-0002 received from Michael Pinette appealing the Planning Commission’s April 25, 2024, continuation off calendar of Commercial Cannabis Use Permit CCUP21-0004 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 046-710-017, consisting of 46.53 acres, in the Somerset area, submitted by Michael Pinette; and staff recommending the Board of Supervisors take the following action:
1) Deny appeal CCUP-A24-0002 and uphold the Planning Commission’s continuation off calendar of Commercial Cannabis Use Permit CCUP21-0004 with direction to prepare an Environmental Impact Report (EIR) or revise the project to address public concerns and testimony; and
2) Adopt and Authorize the Chair to sign Resolution 083-2024 (Attachment D), denying appeal CCUP-A24-0002 of CCUP21-0004 with Findings of Fact.

FUNDING: Privately-funded appeals for applicant-funded project.
Body
DISCUSSION / BACKGROUND
On April 25, 2024 (File No. 24-0520, Item No. 4), the Planning Commission held a public hearing to consider a request for a Commercial Cannabis Use Permit (CCUP21-0004) 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 046-710-017, in the Somerset area, submitted by Michael Pinette.

Public comment was received with concerns to odor, water impacts, County standards, and compliance with the California Environmental Quality Act (CEQA). As part of public comment a peer review (Attachment L) of the submitted odor study was prepared by Paul Schafer of SCS Engineers & Environmental Consultants. Paul Schafer (outside expert) disagreed with the baseline and conclusions of the project odor study prepared by Ray Kapahi of Environmental Permitting Specialists - who completed the analysis for the applicant. The peer review ...

Click here for full text