County Planning Dept. doesn’t like rules, work, public process; also lacks reading comprehension skills.

You may have read recently that the County, in a not-so-shocking-but-ridiculously-stupid maneuver, opted to completely ignore the terms of a settlement agreement they reached with HUMMAP over the Medical Marijuana Land Use Ordinance.

HUMMAP’s complaint is that the County decided to re-open the door to applications for pre-existing and continuing marijuana operations after originally shutting it down after August 23rd. It should be note, of course, that the County’s own ordinance contains language that specifically forbids that. The ordinance forbids the County from accepting those applications 180 days after the ordinance takes effect.

So what gives?

As LoCO and the County peg it (we didn’t do the math ourselves), that 180 day cut-off was August 23rd of this year. It’s important to note that, yes, the County said multiple times that August 23rd was the day. And they said it loudly to all who would listen.

What changed? Well, it depends on your perspective. Some more indulgent (a.k.a. naive) individuals might assume the County realized a mistake with conflicting language and just went with the easier one. Or one could assume – and with good cause – that the Planning Dept. is filled with a bunch of f*cktards that can’t read. After all, the legal requirements that they are violating are set down in plain black and white.

But if you’ve been paying attention to Humboldt’s Planning and Building Department for the last, say, 20 years, you’d know that this is continuing a disturbing trend in which County staff just do whatever the hell they want without regard for proper public process or written law. Over and over and over they do this.

If you were to read Section 55.4.9.3 of the Medical Marijuana Land Use Ordinance, you’d find this cut and dried passage concerning applications for existing/ongoing marijuana operations:

“All operators of existing cultivation sites seeking recognition of cultivation activities that occurred on or before January 1, 2016, for purposes of obtaining a Zoning Clearance Certificate or discretionary permit for ongoing commercial cannabis cultivation for medical use pursuant to the CMMLUO shall register with the County of Humboldt Department of Planning & Building within 180 days of the effective date of this ordinance.”

We’ve said before that a moratorium on new pot permits is critical, for a lot of reasons. (Read more about that below.) Of particular note is that the County was legally obligated to do so by virtue of their settlement with HUMMAP. As you may recall, the County has a really frickin’ bad record when it comes to lawsuits and the like –  Lawsuits: County 0, Everyone Else 103 (with pictures!)

For cryin’ out loud, the County settled a suit with HUMMAP (who by all accounts had zero money to back up their suit), and then released a statement saying that nothing about the ordinance was going to change. Seriously!

So why are they screwing with a legal settlement they came to? They sure seem to love losing. More to the point, however, is the question of why the Supervisors are allowing Planning staff to run rough-shod over agreements made with outside parties and to creatively “re-interpret” legal language at will. Why have Supervisors at all if they just allow staff to do whatever the hell they want?

Not to mention that changing the cut-off date – which should require changing the language of the ordinance itself – is something that should been done via a publicly-noticed meeting. You have to vote when you change laws; you do not just get to allow your willful and subversive staff to force the changes they want on people.

Someone needs to reign the planning staff in, and hopefully whoever is brave/stupid enough to take on the job of Planning Director will have the cajones to put their foot down. If not, the Planning department’s policy “decisions” will continue to harm the County financially, and will also continue to let rampant marijuana cultivation harm the denizens and environment of Humboldt.

Related:

Supervisors need to stop cannabis applications, pull back red carpet for criminal element they’ve welcomed to our County

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15 Responses to County Planning Dept. doesn’t like rules, work, public process; also lacks reading comprehension skills.

  1. mmg says:

    For operations, “…..seeking recognition for activities….on or before jan 1st”. I doesn’t say they can’t accept applications. Just that those applied for with out registration won’t be given ” good standing”

    Like

    • SoHummer says:

      Ahem, actually the ordinance is very specific and it doesn’t say anything in the section about the application period about “good standing” at all. You should reread the post. it does however specifically say that you need to have your application in within 180 days to obtain a permit.

      “…for purposes of obtaining a Zoning Clearance Certificate or discretionary permit for ongoing commercial cannabis cultivation for medical use pursuant to the CMMLUO shall register…”

      Frankly a third grader reading this could understand that to be eligible for a permit you need to have your registration in by August 23rd. That’s precisely why Steve Lazzar went on the radio and was quoted in the paper as saying the deadline for applying for a permit was the 23rd. Was Lazzar lying on KMUD? The county also put up posters and other notices announcing the deadline. This is utter and complete bullshit and they are going to lose yet another lawsuit at our expense. This blog regularly dumps on the Supervisors. After seeing this latest dumb move I’m inclined to agree that they are simply stupid.

      Like

      • Sam says:

        Conniving, YES. Stupid? No. Arrogant, Certainly. Stupid? No. Self Centered Egomaniacal Megalomaniacs? Sure. And they’ll tell you they are not stupid – unless caught, handcuffed, and jailed. Fool us once shame on you, fool us twice (okay maybe 700 times) SHAME on us for allowing the Stupidvisors to ALLOW County Counsel’s office, CAO’s office, and Planning office to continue to BREATHE/operate/open their dang doors.

        We need audits done by outside folks, and stop work orders until we, the folks that hired them, know everything there is to know about the back door dealings, the unfunded mandates, the promises made and the dollars thrown away. Most of them could give a rat’s patootie about accountability. Throw the bums OUT!!!

        Liked by 1 person

      • Henchman Of Justice says:

        Not stupid, but shrewd, cunning, lying, tactical and all else educated criminals are inclined to engage with in order to dupe the rest of us not already updated to the contant, daily gubbamint abuses.

        Like

    • Arcatan says:

      My senses detect a planning staff troll.

      Like

  2. Henchman Of Justice says:

    No potential registrant or applicant is gonna complain.

    Bobbleheads won’t pay attention.

    1/5 of the “on the books” workforce is “the county employee”.

    Govt. Code Sections that protect evil public servants.

    Can’t imagine how wonderful life would be with limited gubbamint…..too bad it is a long foresaken thought or idea hijacked by friends, family, neighbors, wannabe leaders, strangers, civic minded types, etc…..people in general are just sorry ass excuses for being brainless naive types.

    Like

  3. Mac Towner says:

    I don’t want anything to do with the weed takeover of our county. A legal deadline should mean something. This was a very clear unambiguous deadline that planning staff didn’t like for some reason so instead of having the public process required by law they just decided to change the law to suit them. The Planning Director should be fired for breaking the law and the Stupidvisors fired for allowing it.

    Like

    • Sam says:

      While I would love to agree —- methinks it WAS the Supervisors that directed the extension of time on this circus….and supported by County Counsel….

      Like

      • Henchman Of Justice says:

        Planning cowtowed to a conspiring elected board of supes first afyer they all colluded previously behind closed door to coordinate the public relations spectacle to appear as if the planning cowtowing was a surprise revelation of news…..

        Who really believes gubbamint types, they are family, friends, neighbors, civic types, etc…..lots of face pullers no doubt.

        Like

      • Henchman Of Justice says:

        Planning cowtowed to a conspiring elected board of supes first after they all colluded previously behind closed doors to coordinate the public relations spectacle to appear as if the planning cowtowing was a surprise revelation of news…..

        Who really believes gubbamint types, they are family, friends, neighbors, civic types, etc…..lots of face pullers no doubt.

        Like

  4. Henchman Of Justice says:

    THC,

    In the future, please distinguish that the building department is seperate from the planning department.

    Todd’s department should not be falsely included into planning staff messes.

    Like

  5. Henchman Of Justice says:

    THC does a better job explaining the critique than Spank Him’s crew at Loco…check this mind bender out….

    “HuMMAP, founded by SoHum activist Robert “Woods” Sutherland, sued the county in February over its Commercial Medical Marijuana Land Use Ordinance (CMMLUO). As part of a settlement agreement reached in July the county agreed not to stop accepting applications after Dec. 31 and not resume until an Environmental Impact Report is completed.

    So why the renewed legal action? It concerns another deadline referenced in the ordinance. Section 55.4.9.4 states that growers who were cultivating before Jan. 1, 2016 needed to register with the county within 180 days of when the ordinance took effect in order to receive discretionary permits and zoning clearances. (You can find that section of the ordinance here.) Those 180 days ran out back on Aug. 23.

    But the county says that deadline should be ignored because it’s contradicted elsewhere in the ordinance and because it runs counter to the Board of Supervisors’ stated intent of bringing as many existing growers as possible into compliance with local regulations. On Sept. 22 Interim Building and Planning Director Rob Wall signed a policy statement saying the county should interpret the contradictory code in a way that allows growers to keep filing for discretionary permits and zoning clearances through the end of the year, even if they missed the Aug. 23 deadline.” ~ Loco

    The Flaws:

    1) ….”As part of a settlement agreement reached in July the county agreed not to stop accepting applications after Dec. 31 and not resume until an Environmental Impact Report is completed.”…….

    2) …..”But the county says that deadline should be ignored because it’s contradicted elsewhere in the ordinance and because it runs counter to the Board of Supervisors’ stated intent of bringing as many existing growers as possible into compliance with local regulations.”…….

    So, surmising the attempt to mislead readers once again by social treasonists at Loco,

    A. Loco protects intentional gubbamint abuse through intentional misrepresentations in news stories that also have the effect of causing community confusion which drives reader interest to visit Loco to read that the news as reported is absolutely wrong

    B. Gubbamint intentionally creates and impliments contradictions in seperate areas of policy so they achieve the original desired effect after bamboozling people. How? Simple, claim the intention was this or that….. and a contradiction allows gubbamint to bypass public process and agreements……sham and rigged processes everywhere, no thanks to Standing Rock protests……so set it up for a fall….they all planned this shit out to go down like this….all this whacky shit in whacked out Eureka.

    Like

  6. Sid says:

    This site is infested with HOJ comments. Time for a flea bomb.

    Like

  7. Sam says:

    Be nice Sid.

    Like

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