Lehman
Lehman v. County of Humboldt CA1/2
Opinion
Opinion
BACKGROUND
On December 28, 2016, Emerald submitted applications to the county for two special permits to use three existing buildings located within the town of Garberville for operation of cannabis manufacturing and distribution centers. On December 5, 2019, the county’s Planning Commission (Planning Commission) held a public hearing and received comments on Emerald’s applications, including those made by counsel for Lehman, whose business was located adjacent to the proposed project site. At the close of the hearing, the Planning Commission approved the applications. It found the project was exempt from CEQA review pursuant to Guidelines sections 15301 and 15303, which apply where a proposed project involves the continued operation of an existing facility without significant expansion of use or the new construction or conversion of small structures, respectively. The Planning Commission also found that the proposed uses of cannabis manufacturing and distribution facilities were permitted under Humboldt County Code, section 314-55.4, a
1Public Resources Code, section 21000 et seq. (CEQA). Undesignated statutory references are to the Public Resources Code. References to…