To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Humboldt Natural Collective Special Permits
Assessor Parcel Number: 221-111-027
Record Number: PLN-11460-CUP
4840 Doody Ridge Road, Ettersburg area
A Special Permit for 9,850 square feet (SF) of existing outdoor cannabis cultivation utilizing light deprivation techniques within three (3) greenhouses and 1,050 SF of ancillary propagation. Irrigation water is sourced from two (2) points of diversion from a spring and spring-fed pond. Existing available water storage is 83,000 gallons in a 60,000-gallon pond and a series of hard-sided tanks. Estimated annual water usage is 53,000 gallons. Processing occurs onsite within two (2) separate areas. A maximum of eight (8) people will be onsite during peak operations. Power is provided by two (2) generators and solar, with long-term plans to add additional solar onsite. Special Permits are also requested for development in the Streamside Management Area (SMA) related to continued use and maintenance of the points of diversion, and for a setback reduction to reduce the 600-foot setback requirement from public lands.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
Adopt the resolution (Attachment 1) which does the following:
a. Finds that the Zoning Administrator has considered the adopted Mitigated Negative Declaration for the Commercial Medical Marijuana Land Use Ordinance (CCMLUO) and the Addendum that was prepared for the Humboldt Natural Collective project (Attachment 3); and
b. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Special Permits subject to the recommended conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location:
The project is located in the Ettersburg area, on the west side of Doody Ridge Road, approximately 2,000 feet from the intersection of Dutyville Road and Doody Ridge Road, on the property known as 4840 Doody Ridge Road.
Present General Plan Land Use Designation:
Timberland (T), 2017 General Plan. Density: 40-160 acres per dwelling unit, Slope Stability: Moderate Instability (2) and High Instability (3).
Present Zoning:
Timberland Production Zone (TPZ).
Environmental Review:
An Addendum to a previously adopted Mitigated Negative Declaration has been prepared for consideration per §15164 of the State CEQA Guidelines.
State Appeal:
Project is NOT appealable to the California Coastal Commission.
Major Concerns:
None.
Executive Summary:
Humboldt Natural Collective seeks a Special Permit to allow the continued cultivation of 9,850 square feet (SF) of existing outdoor cannabis cultivation and 1,050 SF of ancillary propagation, in accordance with Humboldt County Code Section 314-55.4 of Chapter 4 of Division I of Title III, Commercial Medical Marijuana Land Use Ordinance (CMMLUO). Special Permits are also requested for development in the Streamside Management Area (SMA) related to continued use and maintenance of the points of diversion, and for a setback reduction to reduce the 600-foot setback requirement from public lands. The site is designated as Timberland (T) in the Humboldt County 2017 General Plan Update and zoned Timberland Production Zone (TPZ). Outdoor cultivation occurs in the central portion of the subject property within three (3) greenhouses utilizing light deprivation techniques. Ancillary propagation occurs within a 1,680 SF building located north of the greenhouses. Two (2) harvests are anticipated annually for a growing season that extends from March through October.
Processing occurs onsite within two (2) separate areas, including a 1,050 SF (15’x70’) multi-use building (where ancillary propagation also occurs) and a 1,250 SF (25’x50’) building, both located north of the existing greenhouses. A maximum of eight (8) people will be onsite during peak operations.
Cultivation and Nursery Space
As noted above, ancillary propagation associated with the operation currently occurs within a 1,050 SF building located north of the greenhouses. The nursery space equates to approximately 17.1% of the cultivation area, which exceeds what planning division staff and the Planning Commission have found allowable in the past (i.e., a nursery space of 10% of the cultivation area). Although the parcel is over 5 acres in size and the existing cultivation is located on graded flats where the slope is approximately 2%, as per the Site Management Plan (discussed further below under “Water Resources”), the parcel is zoned TPZ, and, as a result, new cultivation cannot be considered on the subject parcel. As such, the total amount of onsite cannabis (including cultivation and nursery space) is limited to 9,850 SF. A recommended condition of approval has been included to require the applicant to limit the total amount of cannabis onsite at any given time to a maximum of 9,850 SF, with the amount of nursery space limited to a maximum of 10% of the cultivation area (or 985 SF), and revise both the Site Plan and Operations Plan accordingly (Conditions of Approval A.6-7).
Former Guerilla Grow Removal and Remediation
As described in the Site Management Plan (SMP; WDID 1B16125CHUM) prepared by Green Road Consulting in May 2019 (Attachment 4C; discussed further below under “Water Resources”), a former guerilla grow was located in the southern portion of the subject property (also depicted on the Site Plan). Per the SMP, this area has been removed and restored. A condition of approval has been included to require the applicant to provide evidence of the completed removal and restoration of the area (Condition of Approval A.9).
Setback to Public Lands
The subject site is located directly adjacent to public lands, including property under State Lands Commission ownership immediately north of the site (APN: 221-111-003, with an additional parcel further to the west-APN: 221-111-007). Additionally, there is property under Bureau of Land Management (BLM) ownership located directly west of the site (APN: 221-111-017), as well as further to the west and north of the site. The cultivation is located more than 600 feet (approximately 1,160 feet at the nearest point) from State Lands Commission lands; however, the onsite cultivation is located approximately 585 feet northeast from the adjacent public lands under BLM ownership at the nearest point, as measured on Humboldt County WebGIS. However, no developed or designated recreational facilities are within 600 feet of the cultivation and propagation areas.
Under the CMMLUO, cultivation operations require a setback of 600 feet from publicly owned lands that are managed for wildlife, open space, and recreational facilities. This setback may be reduced with a Special Permit. A Special Permit for the allowance of a setback reduction of the 600-foot buffer from California State Parks lands is included as a part of the applicant’s request. The project is not anticipated to impact the adjacent lands or their use because the cultivation activities will minimize impacts to biological resources and wildlife through measures to reduce potential light and noise impacts. The project will not require substantial road improvements or the removal of trees. The project will minimize impacts on nearby watercourses by maintaining buffers from streams and by placing controls on the storage and use of pesticides and fertilizers, and will minimize risk from wildfire by adhering to the County’s Fire Safe Regulations and requiring adequate road access. Additionally, a Site Management Plan (SMP; WDID 1B16125CHUM) was prepared for the site by Green Road Consulting in May 2019 (Attachment 4C; discussed further below under the “Water Resources” section), was developed for the project to prevent and/or address poor water quality conditions and adverse impacts to water resources associated with cannabis cultivation on private land. Finally, the project is consistent with recreational use on public lands by maintaining a minimum 600 buffer separation from developed campgrounds and/or trails. As a result, there will not be any new erosion, wind damage, elimination of wildlife corridors, loss of scenic beauty or reduction of quality habitat for plants and animals.
The project was referred to BLM in February 2022, and follow-up was conducted on October 28, 2022, to provide a summary of the project and inquire if the agency has any comments or concerns regarding the project. Comments were received from the BLM Arcata Field Office, dated November 3, 2022 (Attachment 5F), in which concerns were expressed regarding the potential for the project to deliver nutrients and other pollutants to adjacent watercourses, including the Mattole River and its tributaries. Additionally, it is noted the contiguous BLM is designated as Critical Habitat for the Northern Spotted Owl (NSO) by the U.S. Fish and Wildlife Service (USFWS). BLM expressed concerns regarding the proximity of the operation to NSO critical habitat and a historic NSO activity center, as well as the potential for light, generator use, runoff, and rodenticide use associated with the operation to impact BLM land and sensitive wildlife species, including NSO.
As described further under “Biological Resources”, the project is conditioned to require the applicant implement noise and light attenuation measures, refrain from using synthetic netting, ensure refuse is contained in wildlife proof storage, and refrain from using anticoagulant rodenticides to further protect wildlife (Conditions of Approval A.21-24 and Ongoing Conditions of Approval B.1-7). Additionally, conditions of approval require the applicant to submit an energy use plan that describes the power demand for the project that includes a description of what power is required for (e.g., propagation, cultivation, and processing) and how much power is required on a monthly and annual basis. The energy plan shall also include a description of the generator(s) used to meet the power demand and state how the size of the generator is reasonable based on the power demand. The generator(s) used to support operations shall not be larger than required to meet operational needs. The plan shall also describe how the operation will transition to use of 80% renewable energy (e.g., solar, wind, and/or hydropower) sources by the end of 2026 (Condition of Approval A.8). With implementation of the required conditions, potential impacts on adjacent public lands and sensitive resources would be minimized.
Water Resources:
Estimated annual water usage for the project is 53,000 gallons (5.38 gal/SF, with 20,000 gallons dedicated solely for domestic use), per the table below.
Table 1. Estimated Annual Water Usage
Water for irrigation is provided by two (2) points of diversion (spring and spring-fed pond) on the subject property. A Right to Divert and Use Water, issued by the State Water Resources Control Board (SWRCB) in July 2018 (Registration No. H500860, Certificate No. H100115; requested for transfer to new owner in December 2019; see Attachment 4A), includes the onsite spring (in which diversion occurs in two locations). Per the water right, the water appropriated shall not exceed 0.58 acre-feet (188,993.5 gallons) per year and the total storage capacity shall not exceed 0.46 acre-feet (149,891.4 gallons). The total estimated annual water usage (53,000 gallons) is approximately 28.04% of the appropriated amount allowed under the water right. Currently, there is 83,000 gallons of onsite water storage in a 60,000-gallon pond and twelve (12) HDPE tanks ranging in size between 500 and 5,000 gallons (totaling 23,000 gallons). Total water storage (including the pond) is under the maximum allowed under the water right. Conditions of approval require the applicant to continue to comply with the requirements of the Right to Divert and Use Water (Condition of Approval A.17).
In addition, a Final Streambed Alteration Agreement (Final SAA) was issued by the California Department of Fish and Wildlife (CDFW) in August 2019 (Notification No. 1600-2017-0420-R1; Attachment 4E), which includes four (4) encroachments - water diversions from a spring and spring-fed pond for domestic use and irrigation, including replacement of pond outlet culvert; and replacement of two (2) stream crossing culverts with a minimum 24-inch diameter culvert. Work for the project includes use and maintenance of the water diversion infrastructure, in addition to excavation, removal of the existing culverts, replacement with new properly sized culverts, backfilling and compaction of fill, and rock armoring as necessary to minimize erosion. Per the Final SAA, the amount of water diverted from the spring is required to be reduced to a maximum of 200 gallons per day between May 15 to November 15 each year. Regarding the pond, seasonal diversion minimization is required in order to minimize potential adverse impacts to native pond breed amphibians. Between November 1 and March 31, water shall be diverted at a rate no greater than the rate of water flowing into the pond (i.e., water diversion shall not decrease the pond depth), and, from April 1 through September 1, when native larval amphibians are present, the Permittee is required to cease diverting water once the pond volume is one-third of the maximum pond volume. The Final SAA requires that a fixed visual marker(s) (e.g., stage plate) in the pond as a reference for water level thresholds.
Per Table 1, above, water diverted from the spring directly for cannabis use via POD #2 is 23,000 gallons between January 1 and March 30 only (outside of the specified window), with an additional 20,000 gallons diverted for domestic use over the course of the entire year (January 1-December 31). As such, domestic water diversion equates to approximately 54.8 gallons per day, on average. Based on the table above, 30,000 gallons is diverted from the pond (fed by the spring) for irrigation use during the period of April 1 to November 1, which equates to approximately 140.2 gallons per day. Combining these two values, average water diversion from the spring is approximately 195 gallons per day, which is under the 200 gallons per day maximum allowed from the spring. Conditions of approval require the applicant to comply with the requirements established under the Final SAA (Condition of Approval A.16) and to monitor water use from the two (2) points of diversion and storage tanks annually to demonstrate there is sufficient water available to meet operational needs (Condition of Approval A.25).
Per the project’s Site Management Plan (SMP; discussed further below) and as depicted on the Site Plan with respective SMA buffers, four (4) watercourses (one Class II and three Class III) traverse the southwestern and central portions of the subject property. Only one (1) watercourse within the southwestern corner of the site is shown on the County’s GIS portal. As shown on the Site Plan, the cultivation areas are located outside of the required SMA; however, it is important to note that portions of the onsite roadways and the existing pond are shown to be within the SMA buffers.
A Site Management Plan (SMP; WDID 1B16125CHUM) was prepared for the site by Green Road Consulting in May 2019 (Attachment 4C), which details existing site conditions, how the property is or will meet the provisions and requirements of the Cannabis General Order, how the applicant is implementing the best practicable treatment or control (BPTC) measures listed in the Cannabis General Order, and remediation efforts needed to bring the operation into compliance. As noted in the SMP, no disturbed areas were observed within riparian setbacks or on slopes greater than 30%, and the greenhouses were noted to be in areas with natural slopes of 2%. In addition, it is noted that the guerilla grow site previously located onsite has been removed and “the area has been restored.” The SMP identifies twelve (12) treatment recommendations to further protect water quality and bring the project into compliance with required standards, including but not limited to: proper chemical/motor oil/fuel cannister storage; adding catchment basin to water pump; road improvements, including installing waterbars at appropriate intervals, outsloping the road, moving berms, and installing rolling dips; obtaining a SAA with CDFW, installing appropriately-sized culvert or rocked ford; removing cultivation-related items from stream channel; install new intake at POD #2; monitor pond drainage culvert; and add additional water storage. The project is conditioned to implement all remaining corrective actions detailed in the SMP to minimize any potential impacts associated with the project and minimize runoff into nearby SMAs (Condition of Approval A.16).
Biological Resources:
Per review of the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB) in December 2022, there are no mapped sensitive species onsite. The nearest Northern Spotted Owl (NSO) positive sighting and activity center are located approximately 0.56 and 0.88 miles from the nearest cultivation area, respectively. Although NSO Final Critical Habitat is mapped in close proximity to the cultivation area, the greenhouses are located outside of the mapped habitat area.
Conditions of approval require the applicant to implement noise and light attenuation measures, refrain from using synthetic netting, ensure refuse is contained in wildlife proof storage, and refrain from using anticoagulant rodenticides to further protect wildlife (Conditions of Approval A.21-24 and Ongoing Conditions of Approval B.1-7). As proposed and conditioned, the project is consistent with CMMLUO performance standards and CDFW guidance and will not negatively impact NSO or other sensitive species.
Energy:
Power to the site is provided by two (2) generators and solar. Per information provided by the applicant’s agent in December 2021 (Attachment 1C), the two generators are 125 kW and 75 kW in size, and are utilized for “5 hours per day in the summer and 7 hours per day in the winter to supplement solar.” In addition, the applicant has long-term plans to install additional solar in order to lessen generator usage, once financially feasible. Conditions of approval require the applicant to submit an energy use plan that describes the power demand for the project that includes a description of what power is required for (e.g., propagation, cultivation, and processing) and how much power is required on a monthly and annual basis. The energy plan shall also include a description of the generator(s) used to meet the power demand and state how the size of the generator is reasonable based on the power demand. The generator(s) used to support operations shall not be larger than required to meet operational needs. The plan shall also describe how the operation will transition to use of 80% renewable energy (e.g., solar, wind, and/or hydropower) sources by the end of 2026 (Condition of Approval A.8).
Access:
Access to the site is via a driveway off Dutyville Road (a private road, which traverses the site) via Ettersburg-Honeydew Road. Ettersburg-Honeydew Road is a County-maintained road that has been approved by the Department of Public Works for use by commercial cannabis operations. A Road Evaluation Report for a 4.6-mile segment of Dutyville Road from Ettersburg-Honeydew Road to the subject property was prepared by the applicant in September 2019 (Attachment 4G), which indicates that the roadway meets a Category 4 road equivalent standard and is adequate for the proposed use. The submitted road evaluation included sufficient photographic evidence to verify the roadway condition as described, including roadway width and line of sight. Per referral comments received from the Department of Public Works, Land Use Division, dated July 2018, any existing or proposed non-County maintained road to serve as access for the proposed project that connects to a County-maintained road shall be improved to current standards for a commercial driveway, and, as a result, the access road (Dutyville Road) shall be paved for a minimum width of 20 feet and a length of 50 feet where it intersects the County road (Ettersburg-Honeydew Road) (Condition of Approval A.13). Additionally, all driveways and private road intersections onto the County road shall be maintained in accordance with County Code Section 341-1 (Sight Visibility Ordinance) (Condition of Approval A.14), both of which have been incorporated as conditions of approval.
Additionally, there is an active road association for the access road, “Dutyville Friends of the Road’. To ensure access to the site is adequately maintained, as a condition of approval, the applicant shall join and maintain enrollment in the “Dutyville Friends of the Road” Road Maintenance Association, provide evidence of enrollment, and pay fair share costs associated with maintaining Dutyville Road (Condition of Approval A.15).
There will be a maximum of eight (8) people onsite during peak operations, and, therefore, a significant increase in traffic is not expected under the project.
Geologic Suitability:
The project parcel is mapped in the County GIS as “moderate instability” (2) and “high instability” (3). The slope of the land where cannabis will be cultivated is approximately 2%, as per the SMP; WDID 1B16125CHUM) prepared by Green Road Consulting in May 2019 (Attachment 4C). Additionally, the applicant will be required to secure permits for all structures and grading related to the cannabis cultivation and other commercial cannabis activity, including but not limited to, existing and proposed greenhouses, water tanks over 5,000 gallons, on-stream pond, existing and proposed structures associated with processing, storage, or any activity with a nexus to cannabis, and any noise containment structures as necessary (Condition of Approval A.10).
Timber Conversion:
Based on review of historic aerial imagery dating back to 2004, the subject property was observed to contain an open area within the western and central portions of the site, and no expansion was observed to have occurred on the subject property in order to accommodate the proposed project. Based on review of the aerial imagery, the greenhouses and associated infrastructure appear to be located within the existing open area.
A letter was prepared by Blair Forestry Consulting in August 2019 (Attachment 4F), in which it was noted that historic imagery dating back to 1963 was reviewed, which indicated the “site is situated in a historic meadow on a ridgeline and that the timberline footprint has not changed in relation to cannabis cultivation.” It is further noted that it is the opinion of the Registered Professional Forester (RPF) that no timberland conversion has occurred on the parcel. As a result, no further evaluation or restocking is required.
Security and Safety:
The operation is secured behind gated access and utilizes game cameras. The subject property also has cell service, in the event emergency personnel need to be contacted.
Tribal Consultation:
The project is within the historic aboriginal territory of the Bear River Band of the Rohnerville Rancheria and the Intertribal Sinkyone Wilderness Council. The project was referred to the Northwest Information Center at Sonoma State, the Bear River Band of the Rohnerville Rancheria, and the Intertribal Sinkyone Wilderness Council in November 2017. A Cultural Resources Investigation was performed by Archaeological Research and Supply Company in August 2019 (on file and confidential), in which no cultural resources were identified and recommended the standard inadvertent discovery protocol. The Report was reviewed by the Bear River Tribal Historic Preservation Officer in November 2021, who recommended inclusion of the standard inadvertent discovery protocol, which has been incorporated into the project as an informational note (Informational Note C.3).
Consistency with Humboldt County Board of Supervisors Resolution No. 18-43:
Approval of this project is consistent with Humboldt County Board of Supervisors Resolution No. 18-43 which established a limit on the number of permits and acres which may be approved in each of the County’s Planning Watersheds. The project site is located in the Cape Mendocino Planning Watershed, which under Resolution 18-43 is limited to 650 permits and 223 acres of cultivation. With the approval of this project the total approved permits in this Planning Watershed would be 234 permits and the total approved acres would be 81.2 acres of cultivation.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval. (Attachment 5)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect to add or delete conditions of approval. The Zoning Administrator could deny approval if unable to make all the required findings. Staff has concluded the required findings in support of the proposal can be made. Consequently, Staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Cultivation and Operations Plan & Additional Project Information
C. Property Map
D. Premises Map
2. Location Maps
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Right to Divert and Use Water Certificate
B. Water Right Transfer Form
C. Site Management Plan
D. Notice of Applicability
E. Lake or Streambed Alteration Agreement
F. Timber Conversion Evaluation Report
G. Public Works Road Evaluation Report Form
5. Referral Agency Comments and Recommendations
A. Building Inspection Division
B. Division of Environmental Health
C. Public Works, Land Use Division
D. U.S. Army Corps of Engineers
E. CAL FIRE
F. Bureau of Land Management
Applicant
Humboldt Natural Collective
C/O Brian Harte
1976 La Cienega Boulevard #472
Los Angeles, CA 90034
Owner
Patrick Weber and Brian Harte
2116 Mill Ridge
Santa Clarita, CA 91350
Agent
Flowra
Linnea Kneaper
821 Main Street
Weaverville, CA 96093
Please contact Cliff Johnson, Supervising Planner, at cjohnson@co.humboldt.ca.us or 707-445-7541 if you have any questions about the scheduled item.