To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Shepp-Cruz Family Farm, LLC, Conditional Use Permit
Assessor Parcel Numbers (APN) 108-023-010-000
Record No.: PLN-12034-CUP
Whitethorn area
An application for 22,035 square feet of existing outdoor cannabis cultivation with 2,200 square feet of propagation space. Two harvests will be done using light deprivation techniques. Irrigation water is sourced from an approved groundwater well with an estimated annual water use is 250,000 gallons. Water storage totals 23,150 gallons in hard tanks. All power is provided by a solar PV system. Two seasonal employees are proposed for this project.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution, (Attachment 1) which does the following:
a. Finds the Planning Commission has considered the Addendum to the Mitigated Negative Declaration for the Commercial Medical Marijuana Land Use Ordinance that was prepared for the PLN-12034-CUP project; and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Conditional Use Permit subject to the Conditions of Approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project is located in the Whitethorn area, on the NE side of Wilder Ridge Rd, approximately 7500 feet west from the intersection of Wilder Ridge Rd and Harrow Rd, on the property known to be in Township 03S of Range 01E Section 34 Humboldt Base & Meridian on a property known as 9325 Wilder Ridge Road.
Present General Plan Land Use Designation: Timber; Community Plan Inland GP
Present Zoning: Timber Production Zone (TPZ)
Environmental Review: An Addendum to a previously adopted Mitigated Negative Declaration has been prepared for consideration per §15164 of CEQA Guidelines.
State Appeal: Project is NOT appealable to the California Coastal Commission.
Major Concerns: None
Monitoring Required: Annual Compliance Monitoring
Executive Summary: An application for 22,035 square feet of existing outdoor cannabis cultivation. Two harvests will be done using light deprivation techniques. Irrigation water is sourced from an approved groundwater well with an estimated annual water use is 250,000 gallons. Water storage totals 23,150 gallons in hard tanks. All power is provided by a solar PV system. Two seasonal employees are proposed for this project. There is approximately 2,200 square feet of propagation area.
Water Resources: A developed well was approved under Record 17/18-1669 by the Humboldt County Department of Environmental Health in 2018. The well produces approximately fifteen (15) gallons a minute. Water is stored in several hard sided tanks resulting in 23,150 gallons of storage. The applicant estimated using 250,000 gallons, which is 11.35 gallons of water per square foot per year for cultivation. A drip-watering system to ensure no overwatering. The well is 140 feet in depth and is estimated to yield fifteen gallons per minute. The well is approximately 1,300 feet from Sholes Creek which is classified as a Class 2 perennial stream and 275 feet from an unnamed Class 3 ephemeral waterway. Due to the depth of the well and geological makeup of the substrate material, the well is not anticipated to divert surface waters from either the unnamed ephemeral waterway or Sholes Creek.
There are also two registered points of Division on the parcel used for domestic use. Neither of these diversions will be used for the cannabis operation. A final Lake and Streambed Alteration Agreement (LSAA) was developed in June of 2017 and expired in 2022. As a condition of approval, a new LSAA will need to be developed and completed (Attachment 1A item A8). CDFW has also recommended the development of additional water storage, which has been made a recommended condition of approval.
Biological Resources: This project is located in the Sholes Creek watershed and there are both Class II and Class III watercourses on the property. Which can support habit to steelhead. All Cultivation Areas are outside of their appropriate riparian buffer zones with setbacks of at least 100 feet from the nearest watercourse. There are mapped sensitive species onsite and the nearest NSO activity center is located approximately 0.81 miles from the site. Artificial lighting will occur existing greenhouses and the project is conditioned to adhere to Dark Sky Standards for greenhouse lighting and security lighting.
CDFW has commented and requested that specific conditions be added, specifically that the applicant obtain a final LSAA prior to initiating cannabis cultivation and that the applicant increase total water storage to 60,000 gallons. These requests have been codified in the Conditions of Approval, as well as other conditions that were suggested. 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. As proposed and conditioned, the project is consistent with CCLUO performance standards and CDFW guidance and will not negatively impact NSO or other sensitive species.
Energy: The applicant proposes to utilize an onsite photovoltaic power system as the parcel is not connected to the grid. Power will only be necessary for lighting within the nursery area, as well as the drying shed. Two small generators will be onsite for emergency use only.
Access: The parcel has access is taken on a privately maintained driveway from Wilder Ridge Road, a county-maintained road. A Road Evaluation report for the private drive, which is approximately 4,750 feet in length, was submitted by the applicant May 7, 2020, for project approval which identified that the road is suitable for safe access to and from the project site. No public access to the site will occur. Any required improvements or encroachments within the county right of way will be conditioned within the Conditions of Approval (Attachment 1A Item #A2).
Geologic Suitability:
The project parcel is mapped in the County WebGIS as moderate instability. No new grading is proposed to implement the project. All areas of cultivation are developed on historical logging decks, and no grading was completed to accommodate the cultivation.
Timber Conversion: A Timber Conversation Report was completed by Timberland Resource Consults which concluded that all timber conversion on the property resulted from historic logging that occurred prior to 2015, which is the environmental baseline of the cannabis ordinance. The remaining open areas of the property are results of logging decks and loading areas. The report concluded that a total of 0.80 acres of timberland conversion had occurred within the inspected cultivation sites and recommended measures for ensuring the historic conversion comply with the Forest Practices Act. These measures are included in the recommended condition as condition #A12.
Security and Safety: There is only one access point to the parcel via a private drive from Wilder Ridge Road with two locked security gates. The parcel is enclosed with fencing and marked as private property. A security plan has been developed to implement Best Management Practices and minimize the risk of burglary, theft and other diversion of material on site.
Tribal Consultation: The project was referred to the Bear River Band of the Rohnerville Rancheria and Intertribal Sinkyone Wilderness Council. The Bear River Band responded without expressing concerns about the project but requested that it be conditioned with the Inadvertent Discovery Protocol for all ground-disturbing activities. This has been made a condition of project approval. The standard inadvertent discovery protocol is also included as a condition of approval for the project.
Additionally, a Cultural Resource Investigation was conducted by Archaeological Research and Supply Company in October of 2023 for permit approval. The report concluded that no significant archaeological or historic period resources, that for the purposes of CEQA would be considered historically significant, exist on the project parcel.
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 in the Cape Mendocino 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 for cultivation in this Planning Watershed would be 229 permits and the total approved acres would be 95.2 acres of cultivation.
Environmental Review: An Addendum to a previously adopted Mitigated Negative Declaration has been prepared for consideration per §15164 of the State CEQA Guidelines.
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:
The Planning Commission could elect not to approve the project, or to require the applicant to submit further evidence, or modify the project. If modifications may cause potentially significant impacts, additional CEQA analysis and findings may be required.
The Planning Commission could also decide the project may have environmental impacts that would require further environmental review pursuant to CEQA. Staff did not identify any potentially significant impacts.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Cultivation Operations Plan
C. Site Plan
2. Location Maps
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Shepp-Curz Family Farm 3 Acre Conversion
B. Shepp-Curz Family Farm Road Evaluation 06.23.2020
C. Well Completion Report
5. Referral Agency Comments and Recommendations
A. CDFW Referral Response PLN-12034
B. Public Works Referral Response
C. Division of Water Rights Referral Response
Applicant:
Belkis Shepp,
2774 Joseph Street,
Fortuna, CA 95540
Owner: Same as Applicant
Agent: N/A
Please contact Michael Kein, Associate Planner, at MKein2@co.humboldt.ca.us or 707-268-3739 if you have questions about this item.