To: Planning Commission
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Mayers Flat Farm, LLC
Assessor Parcel Numbers (APN) 211-372-006
Record No.: PLN-12651-SP
Myers Flat area
A Special Permit to expand an existing 8,750-square-foot (SF) cannabis cultivation operation consisting of two light-deprivation greenhouses to 41,300 SF of outdoor cultivation in 11 light-deprivation greenhouses and a Special Permit to reduce the buffer of the storage pond located within the delineated wetland buffers of two ephemeral wetlands. All existing and proposed cultivation is situated on existing graded or flat areas that are cumulatively less than 20 percent of the prime agricultural soils on the 80-acre parcel. Ancillary propagation would occur also expand to 3,900-SF consisting of a 3,360-SF propagation area and within an existing 840-SF greenhouse. Water is sourced from a 350,000-gallon onsite rainwater catchment pond with excess flows would be pumped to a collection of 40,000 gallons of proposed tank storage. Water usage is estimated to require 379,444 gallons for irrigation, per growing season, at full buildout (9.2 gallons/SF/year). Existing water storage of 364,100 gallons would be expanded to 400,100 gallons at full buildout. Drying of cannabis would continue onsite in an existing outbuilding using dehumidifiers and fans. Offsite processing in a licensed facility is proposed. Up to three independent contract employees are anticipated during peak operations. Power is provided by a 25-kilowatt (kW) (and backup 45-kW) diesel generator as the applicant finalizes plans to install a solar array. Expansion beyond the existing 8,750 square feet will be allowed once the applicant demonstrates conversion to alternative energy to meet total power needs.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Describe the application as part of the April 20, 2023, Consent Agenda.
2. Survey the audience for any person who would like to discuss the application.
3. If no one requests discussion, make the following motion to approve the application as part of the Consent Agenda; and
4. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the following:
a. Finds that the Planning Commission has considered the Mitigated Negative Declaration for the Commercial Medical Marijuana Land Use Ordinance and the Addendum that was prepared for the Mayers Flat Farm, LLC project); 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:
Mayers Flat Farm, LLC, seeks a Special Permit in accordance with Humboldt County Code Section 314-55.4 of Chapter 4 of Division I of Title III, Commercial Cannabis Land Use Ordinance (CCLUO) to expand an existing 8,750-square-foot (SF) cannabis cultivation operation with the proposed addition of 32,550 SF of outdoor light-deprivation cannabis cultivation greenhouse space, for a parcel total of 41,300 SF of cannabis cultivation at full buildout. The site is designated as Timberland (T) in the Humboldt County 2017 General Plan Update and zoned with a combined zoning of Agriculture Exclusive (AE) and Timber Production Zone (TPZ). Apart from an existing 840-SF nursery greenhouse, all cultivation would occur only within existing open areas zoned AE. A Special Permit is also required for the buffer reduction of the storage pond located within delineated wetland buffers.
Outdoor light-deprivation cultivation would take place in three separate areas in 11 light-deprivation greenhouses at full buildout (Site Plan revised 2/18/22). There are two existing greenhouses (4,200 SF and 4,550 SF). The applicant is proposing to add eight 3,500-SF greenhouses and one 4,550-SF greenhouse to house the total proposed mature cannabis canopy of 41,300 SF. The applicant is proposing to retain the existing 875-SF propagation greenhouse and to utilize 3,360 SF of proposed nursery space on one of the cultivation areas. The new total of 3,900 SF ancillary propagation would support the expanded operation. Two harvests are anticipated annually for a growing season that extends from April through October.
Drying would occur in an existing 1,920-SF storage structure. Two 200-SF shipping containers would be used for storing harvested cannabis and equipment The applicant may hire up to three temporary employees to assist during peak operations. A new 800-SF processing building is proposed. Offsite processing in a licensed facility is proposed until all existing and proposed buildings and structures, as well as any historic grading is permitted (COA #A6-8) and connected to renewable energy sources. As described in an Energy Generation and Consumption Plan (Attachment 4b), there is currently a small amount (460 watts) of supplemental lighting in the propagation greenhouse in use 5 months of the year (February through June). Propagation greenhouse lighting, water and air pumps, atomizer (for foliage feeding and pest/disease treatment), fans, power tools, surge protectors, dehumidifiers, and all electrical supplies and equipment, as well as all domestic power in the residence, is currently sourced from one 25-kilowatt (kW) diesel generator at this time. There is an additional 45-kW generator that is used for emergency back-up purposes; a permit to operate shall be obtained by the applicant, as needed, as a condition of approval (COA #A9). The applicant is proposing to add a photovoltaic solar system with 16 25-watt photovoltaic panels paired with 16 deep-cycle batteries to completely phase out generator use as a primary power supply. No cultivation expansion is allowed until the applicant can demonstrate that 100 percent of energy demand for the entire cultivation site will be met using renewable energy sources. In the interim, the applicant shall furnish an energy budget detailing all monthly cultivation-related energy use, and an onsite renewable energy generation and storage capacity plan must be submitted and in operation prior to April 20, 2024 for the existing operation (COA #A10) and prior to any expansion (COA #B2).
The operation will be secured behind a gated road and locked structures. The applicant plans to install security cameras in each of the cultivation areas that can be monitored from a central location in the residence and/or by smartphone in 2022. All existing and proposed cultivation areas would occur on flats of less than 15 percent slope. Oaks and mixed-conifer forest surround the opening. No timber conversion has occurred or will be necessary for the cultivation operation, and such conversion would not be supported by the CCLUO.
A Prime Agricultural Soil Assessment of the grassland meadow was prepared by Dirty Business Soil in May 2018 that mapped 1 acre of prime agricultural soil across four different locations, including a portion of the existing cultivation area. In accordance with CCLUO Section 55.4.6.4.3, the cumulative area of any Cannabis Cultivation Site located in the four areas identified as having Prime Agricultural Soil will not exceed 20 percent of the area of total Prime Agricultural Soil on the parcel. The revised site plan dated 11/22/21 indicates the prime agricultural soil locations relative to the existing and proposed cultivation areas and shows that less than 20 percent of the prime agricultural soils will be used for cannabis cultivation. Where occurring in areas with Prime Agricultural Soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited. This is an ordinance requirement and is additionally captured as an on-going condition (COA#C5).
Water Resources
The source of irrigation water for this project is rainwater stored in an existing 350,000-gallon capacity pond. Estimated annual water usage is 379,444 gallons (9.2 gallons/SF/year), with peak demand occurring in July and August when estimated demand is 53,500 gallons per month. Existing available water storage includes an approximately 350,000-gallon pond, three 3,000-gallon tanks, and one 1,100-gallon hard tank (364,100 gallons total existing). The rainwater catchment pond is modeled to intercept more than it can store (Attachment 4d), and the project would pump approximately 40,000 gallons of rainwater out of the pond to a proposed tank farm located on an existing flat adjacent to the proposed solar power system. Additional tank storage proposed would increase total water storage for irrigation to 400,100 gallons. Evaporative loss from ponds has been estimated to be between 3 to 5% of the total volume for each month of the dry season and as a result staff is recommending a condition of approval to require an additional 80,000 gallons of water storage to account for potential evaporative loss from the pond (COA #B3). This would leave 120,100 gallons of water available in hard tanks which is equivalent to over two months of irrigation use at full cultivation. This additional water storage would provide a buffer to help ensure that sufficient water remains available for irrigation. The CCLUO allows for the county to reduce the extend of any cannabis activity under special circumstances related to water availability and if this amount proves insufficient the county will work with the applicant to reduce the cultivation area and/or add water storage as appropriate.
A Special Permit is required for the storage pond to be located within the delineated wetland buffers of two ephemeral wetlands. An existing surface water diversion will be discontinued. A permitted well is located on the property, however this well is proposed to be utilized only for domestic purposes unless and until such time as the applicant receives approval of a modification to allow the use of the well. Approval of any such modification would likely be predicated upon a hydrologic analysis of the well that demonstrates a lack of connectivity to surface water features.
The rainwater catchment pond was built in 2016 and was evaluated by a Professional Geologist in 2019 and found to be well built, well maintained, and located in a suitable geologic setting. The inspection concluded that the pond had a low failure potential and a low potential for environmental impacts related to the geotechnical conditions at the site. The pond is further detailed in a Grading, Drainage, and Erosion Control Plan prepared by Omsberg & Preston (engineers) in October 2018 (Attachment 4f).
A Revised Final Lake and Streambed Alteration Agreement (LSAA 1600-2018-0695-R1) with the California Department of Fish and Wildlife (CDFW) was obtained by the applicant in October 2020 (Attachment 4k). The LSAA allows for installation of a minimum 18-inch culvert in Crossing #1 and on the road blocking drainage of a wetland and the associated measures designed to protect fish, wildlife, and plant resources. The two retired water bladders in or adjacent to delineated wetlands below the pond are to be removed as a condition of approval upon recommendation following a site visit by the North Coast Regional Water Quality Control Board and CDFW in January 2019 and March of 2019 (COA #A12). Use of water bladder storage for irrigation purposes is prohibited by the CCLUO 55.4.12.8(f). A historic point of diversion from Elk Creek was noted in the LSAA, and this domestic diversion was retired once the groundwater well was installed. The removal of the point of diversion did not require any alteration to the bed, bank, or channel; however, a notification fee and remediation fee were submitted with the original LSAA notification in November 2018.
The parcel contains three Class III ephemeral watercourses that are tributaries to the Class II Elk Creek, which feeds into the South Fork Eel River. The Plot Plan shows these watercourses across the southern portion of the parcel and four distinct delineated wetland areas. All cultivation areas are outside of the 50-foot and 100-foot Streamside Management Area buffers, apart from the pond reservoir mentioned above. A Site Management Plan (SMP) was prepared by Timberland Resource Consultants in February 2020 (Attachment 4j and 4m) in accordance with the State Water Resources Control Board Cannabis Cultivation Policy (Order WQ 2019-0001-DWQ) as a Tier 1, Low Risk project; the plan was revised by ETA Humboldt in 2021 to include the third cultivation area and revise project details. Abiding by the recommended best practicable treatment and control measures and the attached Mitigation Report in the SMP prepared by Timberland Resource Consultants is made a condition of approval (COA #A13).
The applicant shall finalize any existing Onsite Wastewater Treatment System with the Division of Environmental Health (DEH) by completing the percolation test and septic design or any other reports deemed necessary by DEH (COA #A14).
Biological Resources
A Biological Assessment was prepared for the project following a single January 2020 field visit by a wildlife biologist with O’Brien Biological Consultants in accordance with CCLUO Mitigation Measure 3.4-1a (Attachment 4n). The wildlife biologist described the dominant forested vegetation as montane hardwood conifer and early- to mid-successional Douglas fir forest, which is a Sensitive Natural Community with a California Rare Plant Rank of S3. No trees are proposed to be removed by the project. There are mapped special-status plant species within 0.6 mile of the site (coast fawn lily; CRPR 2B.2), and sensitive natural communities could occur on site in areas where operations may occur. As a result, a botanical consultant prepared a protocol-level botanical survey report in October 2021 in accordance with CCLUO Mitigation Measure 3.4-3a, -3b, and -4 (Attachment 4e). In addition, owing to presence of potential wetlands, a wetland delineation was prepared by the same botanical consultant in January 2019 (Attachment 4g) in accordance with the CCLUO Mitigation Measure 3.4-5. The project area was floristically surveyed on April 15, May 28, and July 29, 2021, and all plants were identified to the taxonomic level necessary to determine whether they are special status. Although member species of documented Sensitive Natural Communities were identified (e.g., California oatgrass [Danthonia californica] and blue wildrye [Elymus glaucus]), their abundance was below membership rules for the community. These studies concluded the parcel contains coniferous forest, grasslands, and seasonal wetlands and that most of the proposed cultivation is on existing cultivation footprints or in previously graded areas. The additional grading necessary for the cultivation expansion was estimated by the experienced botanical consultant to impact approximately 17,630 SF (0.40 acre) of grassland not considered a Sensitive Natural Community. Delineated wetlands and associated wetland setbacks are shown on the Site Plan.
The nearest northern spotted owl (NSO) activity center is located approximately 0.48 mile east of the nearest cultivation area, with critical habitat located approximately 4.1 miles from the site. Lands south of the cultivation site and surrounding the parcel are heavily forested with appropriately aged coniferous forest; thus, there is high potential for NSO to occur on or near the property. The nearest mapped critical habitat for marbled murrelets is approximately 1.7 miles to the west, and there is likely no potential nesting habitat located on the parcel’s assessment area. The Biological Assessment concluded that there is a potential noise or light impact on NSO nesting habitat from the cannabis cultivation operations and recommended surveys be conducted to determine potential presence on the property prior to development. A qualified biologist familiar with the life history of the NSO conducted a Disturbance and Habitat Modification Assessment (Attachment 4i) to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. It was determined that the project would not impact any NSO habitat and would not have adverse impacts to NSO provided that standard noise and light attenuation measures were adhered to.
Additional recommendations include housing generators inside insulated enclosures to muffle noise and adhere to noise thresholds of the CCLUO (≤50 decibels of maximum noise exposure at 100 feet from noise source or to the edge of potential habitat) (COA#A16).
Tribal Cultural Resource Coordination
The project was referred to the Northwest Information Center, and the Bear River Band in April 2018. A Cultural Resources Investigation was prepared in May 2018, and an Addendum Report prepared in December 2020, by Mark Arsenault, MA, RPA, principal investigator of Arsenault & Associates in Sacramento. Per the report, an outreach email was sent to the Bear River Band of the Rohnerville Rancheria and “no relevant or important response to the outreach was received.” The report concluded that the proposed project will not result in any adverse changes to historical or archaeological resources, recommended Inadvertent Discoveries Protocol, and noted that if engineering plans change or additional ground disturbing activities were necessary, Mark Arsenault should be contacted for further information. Subsequently, he was contacted to perform a secondary survey of the expanded project area to the north to provide cultural resources clearance for an additional impact area associated with the proposed 3,900-SF propagation greenhouse. The secondary survey was completed on November 26, 2020, and did not identify any cultural resources within the additional impact area or 600-foot buffer. Additionally, the report concluded that the character of the secondary study area was consistent with that described in the original report. Ongoing conditions of approval are incorporated regarding the Inadvertent Discoveries Protocol to protect cultural resources.
Access
Access to the site is via a private driveway that does not serve other neighbors which is accessed from of Dyerville Loop Road, a County maintained road. Dyerville Loop Road is a paved, Category 4, County-maintained roadway. A self-certified Road Evaluation Report (Form A.) for the 1.0-mile access route was prepared by Antonio Petrushevski, and a photo-documented report was prepared by ETA Humboldt in January 2021 (Attachment 4h) that indicates the roadway can accommodate increased traffic given the 17 documented turnouts, the rocked surface, and the 16-to-20-foot road widths. In addition to the self-certified RER and the photo-documented report by ETA, a Road Evaluation Report prepared for an adjacent cannabis operation that utilizes the same roadway (PLN-12601-CUP) was prepared by a licensed engineer, which found that the private roadway is functionally equivalent to a Road Category 4. Public Works, Land Use Division, conditionally approved the project on 7/21/21, and their recommended improvements have been made conditions of approval (COA#A15).
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 cannabis 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 permits and 251 acres of cultivation. With the approval of this project the total approved permits in this Planning Watershed would be 302 permits, and the total approved acres would be 92.5 acres of cultivation.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and most responding agencies have either responded with no comment or recommended approval or conditional approval.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
1. The Planning Commission could elect not to approve the project, or to require the applicant to submit further evidence, or modify the project. If modifications may cause potentially significant impacts, additional CEQA analysis and findings may be required. These alternatives could be implemented if the Commission is unable to make all of the required findings. Planning staff has stated that the required findings in support of the proposal have been made. Consequently, Planning staff does not recommend further consideration of any alternative.
2. The Planning Commission could also decide the project may have environmental impacts that would require further environmental review pursuant to CEQA. Staff did not identify any potential impacts. As the lead agency, the Department has determined that the project is consistent with the MND for the CMMLUO as stated above. However, the Commission may reach a different conclusion. In that case, the Commission should continue the item to a future date at least two months later to give staff the time to complete further environmental review.
ATTACHMENTS:
1. 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. Operations Plan
B. Energy Generation and Consumption Plan
C. Revised Water and Irrigation Plan
D. Rainwater Catchment Design Plan
E. Botanical Survey
F. Grading Drainage and Erosion Control Plan
G. Wetland Delineation Report
H. Road Evaluation Report
I. NSO Scoping Report
J. Site Management Plan Revision
K. LSAA Notification and Response Letter
L. CDFW Operation of Law Letter
M. Site Management Plan
N. Biological Assessment
5. Referral Agency Comments and Recommendations
A. Department of Environmental Health Comments
B. Department of Public Works Comments
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Applicant Mayers Flat Farm, LLC Attn: Dejan Petrushevski P.O. Box 2107 Redway, CA 95560 |
Owner Mayers Flat Farm, LLC P.O. Box 2114 Redway, CA 95560 |
Agents ETA Humboldt Attn: Vanessa Valare P.O. Box 147 Phillipsville, CA 95559 |
Please contact Cliff Johnson, Planning Manager, at cjohnson@co.humboldt.ca.us or at (707) 445-7541 if you have any questions about this public hearing item.