To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Humboldt Exotics, LLC Conditional Use Permit
Assessor Parcel Number 201-322-035
Record No.: PLN-2022-18010
Alton Area
A modification to an approved Conditional Use Permit for a commercial cannabis operation within the Fortuna Community Planning Area. The existing permitted uses include 38,400 square feet of outdoor cultivation; 5,814 square feet of nursery; Onsite processing; and Distribution. The existing operation is authorized to use up 487,500 gallons per year from a permitted well utilizing 20,000 gallons of storage and receives electricity from PGE through a renewable energy program.
The proposed modification will increase total cultivation from 38,400 square feet to 79,320 square feet consisting of 43,560 square feet of full sun outdoor, 25,840 square feet of outdoor light deprivation in greenhouses, and 9,920 square feet of mixed light in greenhouses. Total ancillary nursery space will be increased from 5,815 square feet to 6,960 square feet which is approximately 8.8% of total cultivation area. A commercial retail nursery of 1,159 square feet will be added to an existing building consisting of an 871 square foot seed area and a 288 square foot immature plan area. A retail sales area is proposed to be added to an existing structure as part of the modification and non-volatile manufacturing is also proposed in an existing structure. The proposed water source is changing to include rainwater catchment and reclamation from dehumidifiers as well as the existing permitted groundwater well. Total annual water usage is expected to decrease to approximately 380,000 gallons per year based on review and analysis of actual use data from the installed water meter which estimates approximately 1,040 gallons per day for all current and proposed uses. Water storage is proposed to increase from 20,000 gallons to 40,000 gallons. There are no proposed changes to the processing, distribution, electricity source, or number of employees.
end
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 Final Environmental Impact Report for the Commercial Cannabis Land Use Ordinance and the Addendum that was prepared for the Humboldt Exotics, LLC project; and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Humboldt Exotics, LLC Conditional Use Permit modification subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: This project is in the Alton Area on the South side of State Highway 36, approximately at the intersection of DeMello Road and State Highway 36, on the property known as 1298 State Highway 36.
Present General Plan Land Use Designation: Industrial, General (IG); Airport Safety Review (AP); Fortuna Community Plan; 2017 General Plan; Slope Stability: Low Instability (1).
Present Zoning: Heavy Industrial (MH).
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.
Monitoring Required: Annual Compliance Monitoring.
Executive Summary: A modification to an approved Conditional Use Permit for a commercial cannabis operation within the Fortuna Community Planning Area. The existing permitted uses include 38,400 square feet of outdoor cultivation; 5,814 square feet of nursery; Onsite processing; and Distribution. The existing operation is authorized to use up 487,500 gallons per year from a permitted well utilizing 20,000 gallons of storage and receives electricity from PGE through a renewable energy program.
The proposed modification will increase total cultivation from 38,400 square feet to 79,320 square feet consisting of 43,560 square feet of full sun outdoor, 25,840 square feet of outdoor light deprivation in greenhouses, and 9,920 square feet of mixed light in greenhouses. Total ancillary nursery space will be increased from 5,815 square feet to 6,960 square feet which is approximately 8.8% of total cultivation area. A commercial retail nursery of 1,159 square feet will be added to an existing building consisting of an 871 square foot seed area and a 288 square foot immature plan area. A retail sales area is proposed to be added to an existing structure as part of the modification and non-volatile manufacturing is also proposed in an existing structure. The proposed water source is changing to include rainwater catchment and reclamation from dehumidifiers as well as the existing permitted groundwater well. Total annual water usage is expected to decrease to approximately 380,000 gallons per year based on review and analysis of actual use data from the installed water meter which estimates approximately 1,040 gallons per day for all current and proposed uses. Water storage is proposed to increase from 20,000 gallons to 40,000 gallons. There are no proposed changes to the processing, distribution, electricity source, or number of employees.
The applicant provided a Water Plan including an analysis of rainwater catchment and dehumidifier reclamation demonstrating sufficient eligible water to support operations. The Division of Environmental Health recommended conditional approval.
As proposed and conditioned, the project is consistent with CCLUO performance standards and California Department of Fish and Wildlife (CDFW) guidance and will not negatively affect the northern spotted owl or other sensitive species. There is no LSAA associated with the project as there are no watercourses on the property. As part of the conditions of approval, the Applicant will need to provide a noise assessment and an invasive species management plan.
The site takes access directly from Highway 36 which is a publicly maintained category 4 road. The operation will need to discontinue any informal access from De Mello Road per consultation with Public Works. No new grading is proposed to implement the project, and no timber conversion is associated with the proposed project.
The project site is served by the Fortuna Fire Protection District. The project is also conditioned to include the standard inadvertent discovery protocol regarding tribal cultural resources.
The project, if approved, would be consistent with Humboldt County Board of Supervisors Resolution No. 18-43.
Water Resources: Annual water usage is estimated to decrease from 487,500 gallons to 380,000 gallons which equates to 4.85 gallons per square foot per year. This annual usage estimate is based on actual usage data and analysis from the applicant. Additional irrigation water sources are being added to the project in the form of rainwater catchment and dehumidifier reclamation. The applicant provided a Water Plan (Attachment 4A) which includes a rainwater catchment analysis and discussion of the overall irrigation process. The previously approved and permitted groundwater well will remain but will become a backup and supplemental source with the rainwater and dehumidifier reclamation as the primary sources. Per the rainwater catchment analysis, up to 377,174 gallons can be captured using rainfall data from 2013, which is the driest year on record in the last 50 years. Per the Water Plan, up to 33,750 gallons per month can be reclaimed from the dehumidifiers. Review of the water plan indicates there is sufficient eligible water available to meet projected needs. Because overall water usage is decreasing from previously approved amounts and primary irrigation water source is shifting from the groundwater well to rainwater catchment and dehumidifier reclamation, there is no anticipated impact on any public trust resources that might be associated with the groundwater resource. Water storage in tanks will increase from 20,000 to 40,000 gallons. The project conditions request an update to the Operations Plan to describe the irrigation methods (e.g. drip emitter; hand water; etc) (Condition of Approval A2).
The project is subject to the State Water Board General Order No. WQ 2019-0001-DWQ. Conditions of approval have been added requiring the applicant to demonstrate updated enrollment and updated site management plan for the increase in cultivation (Condition of Approval A5).
The project referral to the Division of Environmental Health resulted in a recommendation of approval. As noted in the project description, onsite and offsite processing were previously approved (PLN-2020-16163). The septic system has been permitted by the Division of Environmental Health (19/20-0332). There is no Lake or Streambed Alteration Agreement (LSAA) associated with the project.
Biological Resources: A review of the California Natural Diversity Database does not indicate the presence of species or sensitive communities of concern. The potential existence of Yellow-Legged frog is indicated by the Database mapping however there is no aquatic habitat on the property that could provide such habitat. The applicant provided a Biological Scoping Report dated November 2022 (Attachment 4B) which concludes that there appears to be no potential habitat on the parcel for special status plant and wildlife species. Cannabis cultivation and supporting infrastructure occupies most of the parcel and what open space remains has been historically impacted by agricultural practices and is primarily occupied by non-native grasses. Some of the recommendations of the Biologist in the Report are either already performance standards under the Commercial Cannabis Land Use Ordinance such as management of light pollution and prohibition on rodenticide. All recommendations of the Biologist are incorporated into the conditions of approval. The project site does not contain surface waters. The nearest mapped Northern Spotted Owl activity centers are (HUM0975) approximately 1.3 miles to the south and (HUM0563) and (HUM0564) approximately 2.8 miles to the north-northwest. The proposed project will utilize the pre-existing disturbed areas that were in existence prior to the environmental baseline of the cannabis ordinance. The new proposed cultivation will occur in an area that is planned and zoned for industrial uses and will not impact Northern Spotted Owl habitat.
The project has been conditioned to ensure supplemental lighting associated with the nursery and mixed light cultivation adheres to Dark Sky Association standards including security lighting (Condition of Approval C3). Permit conditions of approval also prohibit using synthetic netting for erosion control (Condition of Approval C5 and B11), ensure refuse is contained in wildlife-proof storage (Condition of Approval C6), and prohibit use of anticoagulant rodenticides to further protect wildlife (Condition of Approval C8). Additionally, any noise sources are limited to the noise standards described below. As proposed and conditioned, the project is consistent with CCLUO performance standards and CDFW guidance and will not negatively affect the Northern Spotted Owl or other sensitive species. The project is conditioned to develop and implement an invasive species management plan (Condition of Approval A3).
Noise: A Noise Source Assessment and Mitigation Plan is required as a condition of approval (Condition of Approval A4). The noise assessment must take at least three readings at various property lines to establish an average decibel (dB) baseline. In accordance with the CCLUO performance standards, noise limits shall be three decibels above ambient noise measurements. The Plan shall also describe various noise attenuation measures such as construction materials and design as well as monitoring.
Prime Soils: According to mapping resources available through the county GIS, there are mapped prime soils present on the property. However, the property is zoned and planned for industrial uses. Principally permitted uses in the Industrial General (IG) land use designation and Heavy Industrial (MH) zone allow for uses that convert any prime soils without discretionary approval. Any prime soils present have been previously considered as converted in this industrial area through the adoption of the IG designation and MH zone for this parcel. Therefore, the limitation on use of prime soils under HCC 314-55.4.6.4.3 does not apply.
Energy: Electricity is sourced from and existing PGE connection through an eligible renewable energy program with generator usage limited to emergencies only (Condition of Approval B6).
Access: The project parcel is accessed directly from Highway 36 which is a publicly maintained category 4 road. CalTrans did not provide a referral comment. Per consultations with Public Works, the Site Plan has been updated to show only access from Highway 36 with no project access from De Mello Road. Any informal access from De Mello Road must be discontinued (Condition of Approval A6).
The Operations Plan states that the number of employees will not change and will continue to be up to 10 employees during peak operations. The site plan depicts adequate parking.
Geologic Suitability: The project parcel is mapped in the County GIS as low instability. The proposed new cultivation and uses are in areas mapped as 15% slope or less. No new grading is proposed to implement the project.
Timber Conversion: The referral response from CalFire states the project does not involve Timberlands (CA PRC 4526). responded to the referral with no comment. The parcel is zoned and planned for industrial uses and is adjacent to Highway 36 and does not contain any tree canopy.
Security and Safety: Per the project Operations Plan, access to the parcel is gated and locked. The proposed processing area shall have an eight-foot perimeter fence. Motion activated cameras will be used in exterior areas and security cameras will be used in interior spaces. The site will have a caretaker on premises. The Site Plan provided by the applicant and review of aerial imagery indicates adequate emergency vehicle access. The project parcel is within the Fortuna Fire Protection District which did not return a referral comment.
Tribal Consultation: The project was referred to the Northwest Information Center, The Bear River Band, and the Wiyot Tribe. A Cultural Resources Investigation was conducted in May 2017 as part of the original Conditional Use Permit, PLN-12027-CUP. The investigation concluded that no cultural resources would be impacted. In the referral response to this proposed modification, the Bear River Tribal Historic Preservation Office requested the standard inadvertent discovery protocol which has been included as a condition of approval (Condition of Approval C1).
Historical Resources: Per the May 2017 Cultural Resources Investigation, the 1903 residence on the property is considered historic in nature. Per the recommendation from the investigation, there shall be no alteration to the façade of the residence (Condition of Approval B2).
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 Van Duzen Planning Watershed, which under Resolution 18-43 is limited to 425 permits and 146 acres of cultivation. With the approval of this modification to the Conditional Use Permit, the total approved permits in this Planning Watershed would remain at 148 permits and the total approved acres would increase to approximately 55.55 acres of cultivation.
Environmental Review: An 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 previous Final Environmental Impact Report (EIR) that was adopted for the CCLUO. Staff has prepared an addendum (Attachment 3) to the EIR 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).
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect to add or delete conditions of approval. The Planning Commission could deny the project 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
D. Floor Plans
2. Location Map
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Water Plan
B. Biological Assessment
5. Referral Agency Comments and Recommendations
A. Public Works
B. CalFire
APPLICANT AND OWNER INFORMATION:
Applicant:
Humboldt Exotics LLC
Nicole Genaro
1298 State Hwy 36
Fortuna CA 95540
Owner:
Rio Dell Leasing LLC
1298 State Hwy 36
Fortuna CA 95540
Agent:
Nate Madsen
Rain and Zepp, PLC.
517 3rd Street, Suite 30
Eureka CA 95501
Please contact Steven A. Santos, Senior Planner, at sasantos@co.humboldt.ca.us or (707)268-3749 for questions about this scheduled item.