To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
David Coffey Special Permit
Assessor Parcel Number (APN) 211-331-005
Record No.: PLN-12995-SP
Myers Flat area
A Special Permit for 9,080 square feet of existing outdoor full-sun cannabis cultivation with 900 sf of outdoor full-sun ancillary propagation. There is one cultivation cycle per year. Water for irrigation will be sourced from rain catchment from roof tops. Annual water use for irrigation is 64,000 gallons and was historically sourced from a well on site that will now be used for domestic purposes only. Current water storage on site consists of three tanks totaling 6,500 gallons and one 20,000-gallon water bladder that is to be removed. The applicant is proposing to add 12 water tanks, bringing the storage capacity on site to 64,500 gallons. The project will be done in two phases as additional water storage is installed. By limiting the initial square footage in phase one to 3,360 square feet, the site can rely on rain catchment and existing water storage. Phase two of the project will occur after the applicant has added the necessary water storage to the parcel. The site will then increase operations to the full 9,080 square feet of cultivation. The site is owner-operated, and no employees are utilized. Processing occurs onsite in an existing 160 square-foot storage container. Electricity is sourced from PG&E with a generator onsite for emergencies.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the following:
a. Finds that the Zoning Administrator has considered the adopted Mitigated Negative Declaration for the Commercial Medical Marijuana Land Use Ordinance and the Addendum that was prepared for the David Coffey project; and
b. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the David Coffey Special Permit subject to the recommended conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project is located in the Myers Flat area, directly on the south side of the intersection of Dyerville Loop Road and Elk Creek Road, on the property known as 2752 Elk Creek Road.
Present General Plan Land Use Designation: Residential Agriculture 5 - 20 acre minimum parcel size (RA5-20), 2017 General Plan, Density: 5-20 acres per 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 Coastal Commission.
Major concerns: None
Executive Summary: A Special Permit for 9,080 square feet of existing outdoor full-sun cannabis cultivation with 900 sf of outdoor full-sun ancillary propagation. There is one cultivation cycle per year. Water for irrigation will be sourced from rain catchment from roof tops. Annual water use for irrigation is 64,000 gallons and was historically sourced from a well on site that will now be used for domestic purposes only. Current water storage on site consists of three tanks totaling 6,500 gallons and one 20,000-gallon water bladder that is to be removed. The applicant is proposing to add 12 water tanks, bringing the storage capacity on site to 64,500 gallons. The project will be done in two phases as additional water storage is installed. By limiting the initial square footage in phase one to 3,360 square feet, the site can rely on rain catchment and existing water storage. Phase two of the project will occur after the applicant has added the necessary water storage to the parcel. The site will then increase operations to the full 9,080 square feet of cultivation. The site is owner-operated, and no employees are utilized. Processing occurs onsite in an existing 160 square-foot storage container. Electricity is sourced from PG&E with a generator onsite for emergencies.
Structures associated with the project include a 216 square-foot shed used for pesticide storage and as an administrative hold area, and a 120 square-foot storage container used for drying, harvest product storage, processing, and packaging. The applicant is conditioned to obtain building permits for these existing structures with a nexus to cannabis.
As operations will be owner-operated with no use of employees, the applicant will utilize the existing restroom located within the residence on-site. The onsite wastewater treatment system is unpermitted and the applicant shall secure permits and install a new on-site sewage disposal system or obtain an assessment from a qualified septic consultant confirming a minimum of Tier 0 status for the existing onsite wastewater treatment system serving the residence.
Water Resources:
Water will be sourced from rain catchment off of roof tops. Each roof top will be guttered and connected to the 64,500 gallons of water storage designated for irrigation on-site. The combined roof square footage is 3,120 square feet, and the project area received approximately 36.55 of rainfall in 2022 (a substantial drought year) as recorded by the PRISM Climate Group. Total estimated annual water usage is 64,000 gallons, the surface (roof) area required to catch the 64,500 gallons to be stored is 2,850 square feet.
The applicant has enrolled in the State Water Resources Control Board’s (SWRCB) General Order for Water Quality No. WQ 2019-001-DWQ, and a Water Resources Protection Plan was prepared that shows that remedial actions are not required to meet the Order’s standard conditions.
Fire Hazards:
The project is in an area designated to have High Fire Hazard Severity. The project is located within the State Responsibility Area for fire protection and the Fruitland Ridge Volunteer Fire Protection District (FRVFPD). FRVFPD responds to structural fires and medical emergencies. The project was referred to CALFIRE and FRVFPD and no responses were received. The project is conditioned that the applicant installs a designated fire suppression tank with a minimum storage capacity of 2,500 gallons that is fitted with the appropriate fire hose connection that meets CalFire SRA requirements.
Biological Resources:
According to the California Natural Diversity Database (CNDDB), there is mapped potential habitat for seacoast ragwort on the subject parcel, but no development is proposed beyond the placement of additional water storage tanks that will coincide with the removal of a water bladder. The project is located approximately 0.65 miles to the nearest Northern Spotted Owl (NSO) activity center. The project is for existing outdoor full-sun cannabis cultivation without the use of lights, water will be sourced by rain catchment, and a generator would only be used in the event of a PG&E power outage. The project is conditioned that noise from the generator does not exceed 50 decibels at 100 feet from the generator or at the nearest tree line, whichever is closer. There are no streams on the parcel. The project was referred to CDFW on January 25, 2019 and May 9, 2023 (Attachment 5), and no comments were received.
Tribal Cultural Resource Coordination:
The project was referred to the Northwest Information Center (NWIC), the Bear River Band of the Rohnerville Rancheria, and the Intertribal Sinkyone Wilderness Council. The NWIC replied recommending that the local Native American tribes be contacted regarding traditional, cultural, and religious heritage values. The Bear River Band replied recommending that a cultural resources survey be conducted on the property. The applicant retained Roscoe and Associates to complete a comprehensive field survey and prepare a Cultural Resource Investigation Report, which was completed in April of 2023. The report states that no historical or tribal cultural resources were identified within the parcel and no specific project recommendations are needed at this time. The report also states that due to the intensive nature of the investigation, it is unlikely that significant historical resources will be discovered during project implementation; however, the report recommends that inadvertent discovery protocol be followed if concentrations of archaeological materials, or human remains are encountered. A condition of project approval has been incorporated regarding the inadvertent discovery protocol to protect cultural resources.
Access:
Access to the project site is directly off of Elk Creek Road, a paved county-maintained road with a centerline stripe. The project was referred to the Department of Public Works and comments were received recommending conditional approval for the project. The project is conditioned that the applicant adheres to the driveway encroachment improvement recommendations from the Department of Public Works. The project is owner-operated with no use of employees, and no increase in traffic is anticipated as part of the project.
Consistency with Humboldt County Board of Supervisors Resolution No. 18-43:
Planning staff determined approval of this project is consistent with Humboldt County Board of Supervisors Resolution No. 18-43, which established a limit on the number of cultivation permits and acres which may be approved in each of the County’s Planning Watersheds. The project site is located in the South Fork Eel Planning Watershed, which under Resolution 18-43 is limited to 730 cultivation permits and 251 acres of cultivation. With the approval of this project the total approved cultivation permits in this Planning Watershed would be 302 permits and the total approved acres would be 91.7 acres of cultivation.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and responding agencies have either responded recommending approval or conditional approval. (Attachment 5)
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Zoning Administrator could elect not to hear this item and put the decision making in front of the Planning Commission. Any decision to place this matter before the Planning Commission must be made before opening the public hearing on this project.
2. The Zoning Administrator could elect to add or delete conditions of approval.
3. The Zoning Administrator could deny approval of the requested permits if unable to make all of the required findings.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Operations Plan
C. Site Plan
2. Location Maps
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Water Resources Protection Plan
5. Referral Agency Comments and Recommendations
Applicant
David Coffey
2752 Elk Creek Road
Myers Flat, CA 95554
Owner
Cynthia Gill
905 Buckingham Drive
Silver Spring, MD 20901
Agent
Margro Advisors
117 Wildwood Avenue
Rio Dell, CA 95562
Please contact Rodney Yandell, Senior Planner, at 707-445-7541 or by email at ryandell@co.humboldt.ca.us, if you have any questions about the scheduled item.