To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Humboldt Heritage Farm Management, LLC, Conditional Use Permit and Special Permit
Assessor Parcel Number: 220-091-022-000
Record Number: PLN-12076-CUP
Ettersburg area
A Conditional Use Permit and Special Permit for 20,400 square feet (SF) of existing outdoor cultivation and 1,791 SF of ancillary nursery area. Irrigation water is sourced from a rainwater catchment pond and a spring diversion. Existing water storage totals 578,500 gallons from a combination of the 300,000-gallon pond and 278,500 gallons of water tank storage. The estimated annual water usage is 393,580 gallons. Drying and curing occurs onsite and all further processing to occur off-site at a licensed processing facility. A maximum of six (6) employees are anticipated. Power is currently provided by solar panels and a generator, with a second generator utilized for backup. The project is conditioned to transition to renewable energy by January 1, 2026. The proposed project also includes a Special Permit for development within the Streamside Management Area for continued use and maintenance of the point of diversion.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution (Resolution 25-__), which does the following:
a. Finds the Planning Commission has considered the Mitigated Negative Declaration previously adopted for the Commercial Medical Marijuana Land Use Ordinance and the Addendum that was prepared for the Humboldt Heritage Farm Management, LLC project; and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Humboldt Heritage Farm Management, LLC Conditional Use Permit and Special Permit subject to the conditions of approval.
Body
DISCUSSION:
Project Location: The project is located in the Ettersburg area, on the south side of Davis Lane, approximately 770 feet east from the intersection of Ettersburg-Honeydew Road and Davis Lane, on the property known as 225 Davis Lane.
Present General Plan Land Use Designation: Residential Agriculture (RA40), 2017 General Plan. Density: 40 acres per dwelling unit, Slope Stability: Moderate Instability (2)
Present Zoning: Unclassified (U)
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:
A Conditional Use Permit for 16,660 square feet (SF) of outdoor cannabis and 1,791 SF of ancillary propagation. The proposed project also includes a Special Permit for development within the Streamside Management Area (SMA) for continued use and maintenance of a point of diversion. The site is designated as Residential Agriculture (RA40) in the Humboldt County 2017 General Plan Update and zoned Unclassified (U). Cultivation takes place within the eastern portion of the property within thirty-two (32) hoop house style greenhouses utilizing light deprivation techniques. Ancillary propagation occurs in six (6) raised beds immediately adjacent to and south of the existing greenhouses. Two (2) harvests are anticipated annually for a growing season that extends from April through October.
Drying and curing occurs onsite in a 1,300-SF dry shed and within a portion of the two-story, 3,000-SF multi-use building. All other processing will occur off-site at a licensed processing or manufacturing facility, until such time a structure is permitted onsite. The cultivation areas and associated infrastructure is shown on the site plan, (Attachment 1C). A maximum of six (6) people may be onsite during peak operations as described in the operations plan (Attachment 1B). As a condition of project approval, the applicant shall submit a revised Site Plan and Cultivations and Operations Plan following project approval that reflects accurate greenhouse dimensions, water storage total and water budget as approved (Condition of Approval A.6).
Green waste is composted in a designated area away from surface waters as noted on the site plan. Organic fertilizers and pesticides are stored in an agricultural storage structure that meets all requirements for secondary containment. All fuel and hazardous materials are stored in secure areas with secondary containment in accordance with applicable regulations. Garbage and recycling are stored in a secure waste storage area. The waste storage area complies with Best Practical Treatment or Control (BPTC) measures to prevent wildlife tampering and transport of waste to waters of the State. Waste is removed from the property and transported to an approved waste disposal facility. Domestic wastewater treatment is proposed to be managed with a proposed onsite wastewater treatment system that will be permitted with the Humboldt County Department of Environmental Health. The applicant will pursue permitting for the proposed septic systems upon project approval. The project is conditioned that portable toilets must be used until approval of a permitted onsite wastewater treatment system (OWTS) (Condition of Approval B.5). In addition, the project is conditioned that evidence is provided to County staff during annual inspections to confirm the continual use of portable toilets to serve the needs of cultivation staff until the OWTS and residence is permitted.
Water Resources:
Water for irrigation is provided by an existing 300,000-gallon rainwater catchment pond and one (1) spring diversion. Estimated annual water usage is 393,580 gallons (19.3 gal/SF). An assessment of the catchment potential of the existing rainwater catchment pond was completed to estimate the potential rainwater that could be sequestered by the pond on an annual basis. Based on the average rainfall values from 1968 through 2023 as recorded by PRISM Climate Group for the project area, the most severe drought year was 2013 with an average precipitation of 21.48 inches. On December 18, 2024, the applicant provided the pond’s dimensions (Attachment 1B) as approximately 85 feet x 120 feet for a total surface area of approximately 32,044 SF. Based on a rainwater catchment area of 32,044 SF, and an average rainfall amount of 21.48 inches, the potential rainwater catchment amount within the existing pond totals approximately 429,089 gallons per year. Including the potential for evaporation of approximately 25%, the total storage is approximately 321,817 gallons.
Regarding the spring diversion, as described in the Site Management Plan (detailed further below), water is diverted in the springtime to fill storage tanks for irrigation and is diverted year-round for domestic use. A Right to Divert and Use Water (Registration ID H502403; Certificate No. H100257) has been issued by the State Water Resources Control Board (SWRCB) in September 2018 for use of two (2) points of diversion (POD) from two unnamed springs (both tributaries to Dinner Creek) for irrigation (Attachment 3). However, only one (1) point of diversion is currently utilized for irrigation. The Right to Divert and Use Water allows for approximately 0.548 acre-feet per year (or 178,605 gallons) of water to be diverted from the two (2) springs. The rate of diversion to storage is limited to 42,000 gallons per day. Storage capacity cannot exceed 0.55 acre-feet (or 179,218 gallons). Excluding the rainwater catchment pond, existing available onsite water storage is 278,500. To comply with the storage capacity limit, the applicant shall meter the point of diversion separately of the 99,282 gallons of water storage infrastructure. This volume of storage is allowable as described in the appropriative right (Attachment 4A). Under the State Cannabis Policy, cultivators are required to forbear from April 1 through October 31 of each year. Based on the water use estimates provided by the applicant, the rainwater catchment pond and water storage tanks (total of 578,500 gallons) available to support the project during the forbearance period, in which approximately 393,500 gallons of water is required. Conditions of approval require the applicant to continue to comply with all terms and conditions of the appropriative water right (Condition of Approval A14), and monitor water use from the rainwater catchment pond, spring diversion, and storage tanks annually to demonstrate there is sufficient water available to meet operational needs (Condition of Approval A.24).
The project is conditioned to require water meters and water usage logbooks which must be kept and made available during annual inspection of the cannabis operation (Condition of Approval A.24).
The applicant also seeks a Special Permit for development within the Streamside Management Area for continued use and maintenance of the spring diversion. A Lake and Streambed Alteration Agreement (LSAA), Notification No. 1600-2018-0562-R1 (Attachment 3) with the California Department of Fish and Wildlife (CDFW) was issued for three (3) encroachments, including modification, use, and maintenance of the two (2) spring diversions, in addition to pond spillway improvements, to include excavation, backfilling, compaction of fill, and rock armoring as necessary to minimize erosion. By adhering to the terms and conditions of the Right to Use and Divert Water, which limits the amount of water that can be diverted and the FSAA, which limits when diversion may occur, the diversion amount, and other requirements, including but not limited to the use of intake structures that will not impact aquatic species, impacts to the watershed are minimized, allowing the continued use of the point of diversion pursuant to a Special Permit.
According to Humboldt County Web GIS and the project Site Plan, Dinner Creek traverses the southern and central portions of the subject parcel. In addition, the Site Plan shows two (2) additional watercourses within the southeastern portion of the site, with respective 50-foot Streamside Management Area (SMA) buffers shown. As shown on the Site Plan, all cultivation activities and respective infrastructure would be located outside of the required SMA buffers.
A Site Management Plan (SMP; WDID 1B161191CHUM) was prepared by Green Road Consulting for the subject site in March 2019 (Attachment 4B) in compliance with the State Water Resources Control Board (SWRCB) Cannabis General Order for Waste Discharge. As noted in the SMP, the site was identified to have approximately 172,404 SF of total disturbed area, none of which is located within required riparian setbacks. However, some of the disturbed area occurs on steep (40%) slopes. Additionally, the greenhouses and immature plant area were observed to be on slopes between 15-30% and between 180 to 280 feet from the nearest waterbody (Class III stream). The site also contains 0.86 miles of permanent roads, 0.65 miles of seasonal access roads, and 0.17 miles of skid roads, and the risk of erosion on the site is noted to be “a moderate level”. A total of nine (9) items were identified as requiring remediation in order to meet the requirements of the Order, including covering exposed soil, collecting garbage and debris, planting native grass seed to promote vegetation and stabilization, removing debris from the decommissioned cultivation areas, installing water bars and wattles, and relocating HDPE tanks out of the riparian buffer. The project is conditioned to require the applicant to implement all remaining corrective actions detailed in the SMP (Condition of Approval A.16).
Biological Resources:
Per review of CDFW’s California Natural Diversity Database (CNDDB) in September 2022, there are no mapped sensitive species onsite and the nearest NSO positive sighting is located approximately 0.48 miles from the cultivation area, with the nearest NSO activity center located approximately 1.79 miles away. Power at the site is currently provided by solar and a generator, with another generator utilized for backup; however, per information provided by the applicant’s agent in March 2022 (Attachment 1B), the applicant has long-term plans to convert to PG&E power by 2026. The project is conditioned to ensure the combination of background, generator and greenhouse fan, or other operational equipment created noise, meets the noise level threshold of a maximum of 50 decibels at the property line (Condition of Approval A.20), and conformance will be evaluated using current auditory disturbance guidance prepared by the United States Fish and Wildlife Service (USFWS). Additional conditions of approval require the applicant to implement light attenuation measures, refrain from using synthetic netting, ensure refuse is contained in wildlife proof storage, and refrain from using anticoagulant rodenticides (Conditions of Approval A.20-22 and Ongoing Conditions of Approval B.1-7). Further, due to the on-site rainwater catchment pond, the applicant is required to prepare and implement a Bullfrog Management Plan (Condition of Approval A.18). 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. CDFW was referred the project but provided no comment.
Energy:
Power at the site is currently provided by solar and a generator, with a second generator on site for emergency backup. Per information provided by the applicant’s agent in March 2022 (Attachment 1B), the applicant has long-term plans to convert to PG&E power by 2026. However, PG&E power at the site is unlikely in the foreseeable future. The project is conditioned requiring transition to renewable sources no later than January 1, 2026 (Condition of Approval A.8) after which generators will then be reserved for emergency use only. While in use, any generator may not emit more than 50dB of sound at 100 feet or forest edge, whichever is closer (Condition of Approval B.1).
Access:
Access to the site is via a driveway off Davis Lane via Ettersburg-Honeydew Road to Briceland Thorne Road. Ettersburg-Honeydew Road and Briceland Thorne Road are both Category 4 County-maintained roadways. Davis Road is privately maintained. A Road Evaluation Report for an approximately 0.1-mile segment of Davis Lane from Ettersburg-Honeydew Road to the private driveway was prepared by the applicant in July 2019 (Attachment 4E), which indicates that the roadway meets a Category 4 road equivalent standard and is adequate for the proposed use. The road evaluation included sufficient photographic evidence to verify the roadway condition as described, including roadway width and line of sight. Per comments received from the Department of Public Works, Land Use Division, dated July 2019 (Attachment 5C), the existing commercial driveway approach is to be surfaced to County standards from the edge of the County roadway. Further, the County notes that all fences and gates shall be relocated out of the County right-of-way and all driveways and private road intersections onto the County Road shall be maintained in accordance with County Code section 341-1 (Sight Visibility Ordinance), which have been included as conditions of approval (Conditions of Approval A.12-13).
There will be a maximum of six (6) people onsite during peak operations, and, as this is an existing operation, a significant increase in traffic is not expected.
Geologic Suitability:
The project parcel is mapped in the County GIS as “moderate instability” (2). The slope of the land where cannabis will be cultivated is between 15-30%, as per the Site Management Plan (SMP; WDID 1B161191CHUM) prepared by Green Road Consulting in March 2019. As a condition of approval, the applicant will be required to secure building permits for all structures 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, existing and proposed structures associated with drying, storage, and processing, or any activity with a nexus to cannabis, off-stream pond, and any noise containment structures as necessary (Condition of Approval A.9).
Timber Conversion:
A review of aerial imagery dating back to 2004 indicates timber conversion occurred within the eastern portion of the subject property between 2005 and 2009, with additional timber conversion occurring:
• Within the western portion between 2009 and 2010;
• Within the northwestern corner between 2010 and 2012;
• Along the western portion, connecting two previous conversion areas, between 2014 and 2016, with a small additional converted area along the western boundary; and
• In the eastern and western conversion areas (additional expansion) between 2016 and 2018.
A Less Than Three Acre Conversion Exemption was issued by the California Department of Forestry and Fire Protection (CAL FIRE) in April 2015 (1-15EX-119-HUM; (Attachment 4D) for conversion of 2.9 acres. The included map illustrating the conversion area appears to include a portion of the western area that was converted, as well as an area for the rainwater catchment pond within the eastern conversion area. There does not appear to have been any post-2015 tree removal that occurred.
Security and Safety:
The operation is secured behind heavy metal gated access points, with the entire parcel fenced. The gates are equipped with electronic locking mechanisms.
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 Bear River Band of the Rohnerville Rancheria and the Intertribal Sinkyone Wilderness Council in July 2019. Per the request of the Bear River Band recommendation, the project will adhere to the standard inadvertent discovery protocol in the event of inadvertent discovery of resources, as requested by the Bear River Tribal Historic Preservation Officer in September 2019, which has been incorporated into the project as an informational note (Informational Note C.3).
Public Trust Resources:
The project is in the South Fork Eel and Cape Mendocino Planning Watersheds; however, cultivation on the site occurs within the boundary of the South Fork Eel Planning Watershed. the project is approximately six (6) miles from the Eel River. Dinner Creek in located near the central portion of the project parcel. Two additional watercourses are located on the southern portion of the parcel. There are two (2) points of diversion on the project parcel. One (1) is dedicated to domestic use and the other is dedicated to irrigation for cannabis cultivation. The point of diversion contributes 179,218 gallons to the project’s water budget. The project collects water in the rainy season from November 1st to April 31st when the watershed has excess water due to rainfall. The project has no impact on flows during the dry season, thus the use of the stored water for irrigation purposes will not cause any significant adverse impact to the Eel River or otherwise substantially impair the public trust uses or values related to commerce, navigation, fisheries, public access, preservation of trust lands in their natural state, or water-related-recreation and other activities.
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 South Fork Eel Planning Watershed, which under Resolution 18-43 is limited to 730 permits and 251 acres of cultivation. With the approval of the project the total approved permits in this Planning Watershed would be 80 permits and the total approved acres would be approximately 64.22 acres of cultivation.
Environmental Review:
Environmental review for this project was conducted and based on this analysis, staff concludes that all aspects of the project have been considered in a previously adopted Mitigated Negative Declaration (MND) that was adopted for the CMMLUO. Staff has prepared an addendum (Attachment 3) to the MND for consideration by the Planning Commission.
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)
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Cultivation Operations Plan and Addendums
C. Site Plan
2. Location Maps
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Right to Divert and Use Water
B. Site Management Plan
C. Lake or Streambed Alteration Agreement
D. Less Than Three Conversion Exemption
E. Road Evaluation
5. Referral Agency Comments and Recommendations
A. Building Inspections
B. Division of Environmental Health
C. Department of Public Works
D. CAL FIRE
E. California Department of Fish & Wildlife
6. Watershed Map
APPLICANT AND OWNER INFORMATION:
Applicant
Humboldt Heritage Farm Management, LLC
Nocona Mendes
Po Box 430
Whitethorn, CA 95589
Owner
225 Davis LLC Co
C/O Nocona Mendes
Po Box 430
Whitethorn, CA 95589
Agent
Margo Advisors
117 Wildwood Avenue
Rio Dell, CA 95562
Please contact Portia Saucedo, Associate Planner, at psaucedo1@co.humboldt.ca.us or 707-268-3745 if you have questions about this item.