To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Briceland Farm LLC Special Permit
Assessor Parcel Number 220-091-011
Record No.: PLN-2019-16109
Briceland area
A Special Permit for 6,000 square feet of existing mixed light commercial cannabis cultivation supported by a 600 square foot ancillary nursery. Water is sourced exclusively from rainwater catchment. The annual estimated water budget is 51,300 gallons is supported by 40,000 gallons of tank storage. Processing will occur onsite once the existing 1,178 square foot barn is upgraded to commercial occupancy. Power is provided by solar panels with a 25kW generator utilized for backup. The applicant also proposes reconnection to PGE power.
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RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
Adopt the resolution (Resolution 23-__). (Attachment 1) which does the following:
a. Finds that the Zoning Administrator has considered the Environmental Impact Report previously adopted for the Commercial Cannabis Land Use Ordinance as well as the Addendum to the Environmental Impact Report that was prepared for the Briceland Farm LLC project pursuant to Section 15164 of the CEQA guidelines; and
b. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Special Permit subject to the recommended conditions of approval (Attachment 1A)
Body
DISCUSSION:
Project Location:
This project is located in the Ettersburg area, on the north side of Briceland-Thorne Road, approximately 2,400 feet west from the intersection of Briceland-Thorne Road and Marion Lane, on the property known as 10325 Briceland-Thorne Road.
Present General Plan Land Use Designation:
Residential Agriculture: 40 acres (RA40), Density: 40 acres per unit, 2017 General Plan, Slope Stability: Moderate Instability (2).
Present Zoning:
Unclassified (U)
Environmental Review:
An Addendum to a previously adopted Environmental Impact Report 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 Special Permit for 6,000 square feet of existing mixed light commercial cannabis cultivation supported by a 600 square foot ancillary nursery. Water is sourced exclusively from rainwater catchment. The annual estimated water budget is 51,300 gallons is supported by 40,000 gallons of tank storage. Processing will occur onsite once the existing 1,178 square foot barn is upgraded to commercial occupancy. Power is provided by solar panels with a 25kW generator utilized for backup. The applicant also proposes reconnection to PGE power.
Until PGE power is reconnected, the applicant will cultivate using outdoor light deprivation techniques. Use of artificial light will be limited to propagation until the property is re-energized. Once the operation has full power, mixed light cultivation will commence (Condition of Approval B1).
Water Resources:
The annual 51,300-gallon irrigation water budget is sourced exclusively from rainwater catchment and supported by 40,000 gallons of water storage. Including the ancillary nursery water usage translates to approximately 7.8 gallons per square foot. The applicant analyzed 30 years of rainfall data and using the mean of the three driest years of 41.92 inches, demonstrated that adequate water can be collected from surfaces to meet water needs. Based on 6,000 square feet of catchment area, approximately 157,000 gallons can be collected in a low rainfall year. The amount of water storage represents 78% of annual water use. Irrigation will occur primarily through drip irrigation. The project site also contains a spring which is used exclusively for domestic purposes.
The project was referred to the Division of Environmental Health which responded that the applicant must demonstrate that processing activities must be supported by an approved onsite wastewater treatment system adding that seasonal/outdoor cultivation sites may be supported by portable toilets. Applicant must obtain a permit for, and install, an approved onsite wastewater treatment system to support the processing location and either install approved septic systems or provide portable toilets to cultivation areas (Condition of Approval B2).
Biological Resources:
A Biological Reconnaissance and Project Feasibility Assessment Report dated April 5, 2021 was prepared by Naiad Biological Consulting. The report concluded that the greatest potential direct impact is from existing invasive species. The permit application includes an invasive species management plan. The biological report concludes that mitigation and management of invasive and non-native species in and around the project area will improve the surrounding environment and habitat. The biological report makes several recommendations that are consistent with or overlap with the performance standards of the CCLUO and standard conditions of approval such as preventing light pollution, managing trash, and limiting noise. The report also makes a project specific recommendation that any construction occur between September 1 and January 31 to avoid disturbance to migratory nesting birds. This specific recommendation is incorporated into the project as a condition of approval (Condition of Approval A5). A Botanical Report of Special Status Native Plan Populations and Natural Communities dated August 25, 2021 was also prepared by Naiad Biological Consulting. The Botanical Report concluded that no negative impacts to sensitive species or sensitive habitats will occur as a result of the project. The report also stated that no further botanical surveys are recommended before cultivation activities can resume.
The nearest mapped Northern Spotted Owl activity center (HUM0580) is 1.6 miles to the southeast. Artificial light will be blocked by blackout tarps to eliminate light from escaping the structures 30 minutes prior to sunset and 30 minutes after sunrise (Condition of Approval C4). As proposed and conditioned, the project is consistent with CCLUO performance standards and will not negatively impact the Northern Spotted Owl or other sensitive species.
Noise sources are from fans and dehumidifiers. Ambient baseline noise was measured at 47.6 dB. Noise produced by the cannabis operation is limited to three decibels above baseline, or 50.76 dB.
Energy:
Power is provided by solar panels the applicant also proposes reconnection to PGE power through a qualified renewable energy program. The generator may be used for emergency purposes only subject to appropriate noise limitations (Condition of Approval C3).
Access:
Access to the parcel is taken from a private driveway, which takes access from Briceland Thorne Road, which is county maintained. The approximately 1,100-foot driveway from Briceland Thorne Road passes through one parcel to the project parcel. Because this driveway serves two parcels it is not considered a road. However, the project application proposes to create a commercial occupancy for onsite processing in the future. At that time, the driveway will be considered a road up to the commercial building. The permit conditions of approval require the applicant demonstrate the road meets category 4 or same practical effect prior to occupancy of the proposed commercial building (Condition of Approval C4).
The project was referred to Public Works which recommended standard conditions of approval pertaining to
intersection visibility and paving of encroachment. The applicant provided photographic evidence with the application demonstrating that the encroachment is paved and that there are no visibility impediments at the driveway gate. Therefore, the recommendations of Public Works have satisfied and are not needed in the conditions of approval. The project was also referred to the Telegraph Ridge Fire Protection District which did not respond. The project is conditioned to obtain a will serve letter from the fire protection district (Condition of Approval B5). The project site plan depicts an emergency vehicle turnaround as well as water storage dedicated to fire protection.
There will be up to three employees at peak operations and the site plan depicts three parking spaces including one ADA compliant parking space.
Geologic Suitability:
The project parcel is mapped in the County GIS as moderate instability. The cultivation area is on a flat that was graded prior to 2016. No new grading is proposed to implement the project. After the fact grading permits are required for grading that was done as part of historic operations (Condition of Approval A2).
Timber Conversion:
A Timberland Conversion Evaluation Report dated January 14, 2020, prepared by Timberland Resource Consultants, concluded that a total area of 0.75 acres was converted prior to 2016. The RPF concluded that the conversion was consistent with the Forest Practice Rules and made no further recommendations and conclusions. The RPF report was provided to CalFire which concurred with its findings.
Security and Safety:
Per the project Operations Plan, the cultivation area is behind a locked gate. Buildings will also have locks. A security camera system will also be installed. The Operations plan also describes employee safety practices.
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, Sinkyone Wilderness Council, and Bear River. A Cultural Resources Investigation dated February 2022 prepared by William Rich concluded that no archaeological or historical resources, for the purposes of CEQA, exist in the project area. The standard inadvertent discovery protocol has been incorporated into the project as a condition of approval (Condition of Approval C1).
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 Watershed, which under Resolution 18-43 is limited to 730 permits and 251 acres of cultivation. With the approval of this project the total approved permits for cultivation in this Planning Watershed would be 303 permits and the total approved acres would be 91.95 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 Operations Plan
C. Site Plan
2. Location Maps
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Timberland Conversion Evaluation
B. Biological Report
C. Botanical Survey
5. Referral Agency Comments and Recommendations
Applicant
Briceland Farm, LLC
Kloian Ludmilov Gueorguiev
PO Box 666
Redway CA 95560
Owner
Ludmil Georgiev
PO Box 666
Redway CA 95560
Agent
ETA Management Group
PO Box 147
Philipsville CA 95559
Please contact Steven A. Santos, Senior Planner, at sasantos@co.humboldt.ca.us or 707-268-3749 if you have questions about this item.