To: Board of Supervisors
From: Planning and Building Department
Agenda Section: Public Hearing
Vote Requirement: Majority
SUBJECT:
title
Amendment to the Commercial Cannabis Land Use Ordinance of the Inland Zoning Regulations to Amend Subsection 314-55.4.8.1.1 to Allow Indoor Cultivation in AE, AG, FR, And U Zones Within Non-Residential Buildings Constructed After Jan. 1, 2016, Rather Than Only in Non-Residential Buildings Constructed Prior to Jan. 1, 2016
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Open the public hearing, receive, and consider the staff report, the Planning Commission’s recommendation and accept public comment; and
2. Introduce the Ordinance Amending Title III, Division 1, Chapter 4 of Humboldt County Code Section 314-55.4.8.1; Allowing Indoor Cannabis Cultivation in AE, AG, FR and U Zones to be Conducted in Buildings Constructed After Jan. 1, 2016, (Attachment 2) and waive further reading; and
3. Close the public comment portion of the public hearing; and
4. Adopt the resolution (Attachment 1) to take the following actions:
a. Make all the required findings for ordinance adoption; and
b. Find the Amendments to the Commercial Cannabis Land Use Ordinance consistent with the purpose of the ordinance; and
5. Adopt the Ordinance amending Title III, Division 1, Chapter 4 of Humboldt County Code, Section 312-55; and
6. Direct the Clerk of the Board to publish a post-adoption summary of the Amendments to the Commercial Cannabis Indoor Provisions Ordinance within 15 days after adoption by the Board, and to post in the Office of the Clerk of the Board of Supervisors a certified copy of the full text of the adopted ordinance along with the names of those supervisors voting for and against the ordinance; and
7. Close the public hearing.
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: A Diverse, Equitable & Robust Economy
Strategic Plan Category: 2001 - Promote strong economic resiliency and growth
DISCUSSION:
The requested action is to adopt this minor amendment to the Commercial Cannabis Indoor Provisions within the County Zoning Regulations. This amendment will allow for indoor cannabis cultivation to occur in resource zones in buildings constructed after Jan. 1, 2016, subject to all other existing performance standards.
The Planning Commission recommended approval of the amendment with a 4-0 vote.
Currently, the Commercial Cannabis Land Use Ordinance allows up to 5,000 square feet of indoor cannabis cultivation on AE, AG, FR, and U (when accompanied by a Resource Production General Plan land use designation) zoned parcels with a Zoning Clearance Certificate, but only within a non-residential structure that was in existence prior to Jan. 1, 2016. On parcels 320 acres or larger in size additional indoor cultivation may be permitted and may be authorized in new buildings. Additionally, indoor cultivation in new buildings is allowed in C-3, ML, MH and U (not planned for Resource Production), and in C-2 as part of a microbusiness.
The proposal would allow indoor cultivation to occur in new non-residential buildings within AE, AG, FR, and U (when accompanied by a Resource Production General Plan land use designation) zoned parcels. No other changes would be proposed.
The restriction was placed in the CCLUO primarily due to concerns raised that there would be a substantial amount of interest in new indoor cannabis cultivation permits in these zones that could result in a substantial amount of new permanent structures being in these resource production zones. However, as has been seen since adoption of the CCLUO in 2018, there has not been substantial interest in developing indoor cultivation in these zones. Properties ideally suited with existing, pre-Jan. 1, 2016, structures have very rarely been proposed for indoor cannabis. Since adoption of the CCLUO in 2018 new cultivation applications for all types of cultivation have been substantially less than anticipated.
As existing locational and performance standards for indoor cultivation would remain, impacts associated with new buildings for indoor cannabis would be less than significant. Electricity must be sourced from a renewable energy source which for the power needs of indoor will in most if not all cases be grid power, water must not be diversionary, and roads must meet or exceed a Category 4 road standard (or same practical effect). Placement on prime soils would only be allowed if planting in-ground, which is not typical of indoor cultivation. Further, parcels are required to be a minimum of 5 acres in size. At the current restriction of 5,000 square feet max, any new buildings would be limited to no more than just over 2% of the total area of any qualifying parcel, and in most cases the percentage of land area will be substantially less than 2%.
Environmental Review:
An addendum to a previously adopted environmental impact report has been prepared for consideration per §15164 of the state CEQA Guidelines.
Public Comments Prior to Planning Commission Meeting
The McKinleyville Community Services District submitted comments, raising a concern regarding low water pressure in the agriculturally zoned portions of the Dows Prairie area, which could lead to an impact in water service if demand went up. Because this area is within the McKinleyville Community Plan Area and is classified as a “Special Area” under the CCLUO, any application for indoor cultivation in this area would require a Conditional Use Permit during which time impacts on water service could be reviewed and considered.
The Garberville Fire Protection District submitted comments, wanting to ensure that new structures would have provisions for emergency vehicle access and vegetation management. These items would be satisfactorily addressed as part of the building permit review for any new structure.
SOURCE OF FUNDING:
The salary funding for research, staff tasks, and preparing the draft ordinance and staff report is included in the General Fund contribution to the Long-Range Planning unit (1100-282).
FINANCIAL IMPACT:
Staff costs and other expenses related to staff tasks and preparing the draft ordinance and staff report total approximately $3,000.
STAFFING IMPACT:
Potential new applications and application assistance meetings for indoor cannabis applications may result in increases to required staff time, which should be paid for in full by the associated application fees.
OTHER AGENCY INVOLVEMENT:
The action item was referred to a wide variety of county and state agencies.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1 - The Board of Supervisors could choose to amend the language of the ordinance or add additional restrictions or requirements. This alternative should be implemented if the Board is unable to make all the required findings. Staff believes that the required findings can be made.
2 - The Board of Supervisors could choose not to recommend approval of the Zoning Regulation Amendments. This alternative may be implemented if the Board is unable to make all the required findings. Staff believes that the required findings can be made and does not recommend further consideration of this alternative.
ATTACHMENTS:
1. Draft Resolution
2. Draft Ordinance
3. CEQA Addendum
4. Post-Adoption Summary
5. PC Resolution 26-054
PREVIOUS ACTION/REFERRAL:
Planning Commission Meeting of September 17, 2026
File No.: 26-991