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HEARING - To consider appeal received from Alice Clary (CCUP-A24-0001) appealing the Planning Commission’s January 25, 2024 approval of Commercial Cannabis Use Permit CCUP21-0002 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 093-032-071, consisting of 57.29 acres, in the Somerset area, submitted by David Harde; and staff recommending the Board of Supervisors take the following action:
1) Deny appeal CCUP-A24-0001 and uphold the Planning Commission’s approval of Commercial Cannabis Use Permit CCUP21-0002 based on the Findings (Attachment H) and subject to the Conditions of Approval (Attachment I) as presented; and
2) Adopt and Authorize the Chair to sign Resolution 037-2024, denying appeal CCUP21-A24-0001 of CCUP21-0002 and adopting Findings of Fact (Attachment C).
FUNDING: Privately-funded appeals for applicant-funded project.
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DISCUSSION / BACKGROUND
On January 25, 2024 (File No. 24-0114, Item No. 4), the Planning Commission held a public hearing to consider a request for a Commercial Cannabis Use Permit (CCUP21-0002) 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 093-032-071, in the Somerset area, submitted by Davide Harde. The Planning Commission approved Commercial Cannabis Use Permit CCUP21-0002 with a four (4) to zero (0) vote with one (1) abstention.
Timely filed on February 5, 2024, appeal CCUP-A24-0001 submitted by Alice Clary (Attachment A), requests appealing the Planning Commission’s January 25, 2024 approval of Commercial Cannabis Use Permit CCUP21-0002 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 093-032-071.
Staff’s response to the appeal and conclusions are detailed in a Staff Memo attached as Attachment B.
ALTERNATIVES
The Board could choose to approve appeal CCUP21-A24-0001 submitted by Alice Clary and deny Commercial Cannabis Use Permit CCUP21-0002.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
N/A
FINANCIAL IMPACT
An appeal fee of $450 has been collected for appeal, CCUP-A24-0001; however, staff costs associated with this appeal exceed the collected fees.
CLERK OF THE BOARD FOLLOW UP ACTIONS
If the Appeal is denied
1) Clerk of the Board to obtain signature of Chair on one (1) original Resolution; and
2) Clerk of the Board to return one (1) fully executed Resolution to Planning and Building, attn. Christopher Smith.
STRATEGIC PLAN COMPONENT
Good Governance: Evaluate the requests and recommendations based on complete assessment of the best available information, with the goal of reaching well informed decisions.
CONTACT
Chris Perry, Assistant Director
Planning and Building Department