To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
Amendments to Commercial Cannabis Indoor Cultivation Standards - Path to Enabling Indoor Cultivation in AE, AG, FR, and U zones to be permitted in newly constructed non-residential structures
Assessor Parcel Numbers (APN) 000-000-000
Record No.: LRP-2026-19583
Countywide
An amendment to the Commercial Cannabis Indoor Cultivation provisions of the Inland Zoning Regulations to amend subsection 314-55.4.8.1.1 to allow indoor cultivation in AE, AG, FR, and U zones to be permitted within non-residential buildings constructed after January 1, 2016. The ordinance currently restricts indoor cultivation in these zones to non-residential buildings that were in existence prior to January 1, 2016. This Zoning Ordinance Amendment applies to the entire inland region of Humboldt County.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1 - Adopt the resolution which does the following:
2 - Finds the Planning Commission has considered the Environmental Impact Report (EIR) previously adopted for the Commercial Cannabis Land Use Ordinance as well as the Addendum to the EIR that was prepared for the Amendments to Indoor Cultivation Provisions project pursuant to Section 15164 of the CEQA guidelines; and
3 - Finds the proposed project complies with the General Plan and Zoning Ordinance; and
4 - Recommends the Board of Supervisors adopt the amendment to the Commercial Cannabis Land Use Ordinance.
Body
DISCUSSION:
Currently, the Commercial Cannabis Land Use Ordinance allows up to 5,000 square feet of indoor cannabis cultivation on AE, AG, FR, and U (when accompanied by a Resource production General Plan land use designation) zoned parcels with a Zoning Clearance Certificate, but only within a non-residential structure that was in existence prior to January 1, 2016. On parcels 320 acres or larger in size additional indoor may be permitted and may be authorized in new buildings. Additionally, indoor cultivation in new buildings is allowed in C-3, ML, MH and U (not planned for Resource Production), and in C-2 as part of a microbusiness.
The proposal would allow indoor cultivation to occur in new non-residential buildings within AE, AG, FR, and U (when accompanied by a Resource Production General Plan land use designation) zoned parcels. No other changes would be proposed.
The restriction was placed in the CCLUO primarily due to concerns raised that there would be a substantial amount of interest in new indoor cannabis cultivation permits in these zones that could result in a substantial amount of new permanent structures being located in these resource production zones. However, as we have seen since adoption of the CCLUO in 2018, there has not been any substantial interest in developing indoor cultivation in these zones. Properties ideally suited with existing, pre-January 1, 2016 structures have very rarely been proposed for indoor cannabis. Since adoption of the CCLUO in 2018 new cultivation applications for all types of cultivation have been substantially less than anticipated.
As existing locational and performance standards for indoor cultivation would remain, impacts associated with new buildings for indoor cannabis would be less than significant. Electricity must be sourced from a renewable energy source which for the power needs of indoor will in most if not all cases be grid power, water must not be diversionary, and roads must meet or exceed a Category 4 road standard (or same practical effect). Placement on prime soils would only be allowed if planting in-ground, which is not typical of indoor cultivation. Further, parcels are required to be a minimum of 5 acres in size. At the current restriction of 5,000 square feet max, any new buildings would be limited to no more than just over 2% of the total area of any qualifying parcel, and in most cases the percentage of land area will be substantially less than 2%.
Environmental Review:
An Addendum to a previously adopted Environmental Impact Report has been prepared for consideration per §15164 of the State CEQA Guidelines.
OTHER AGENCY INVOLVEMENT:
The project was referred to various County Departments and local and state agencies, including local community service districts, special districts and fire districts. Planning staff also attended a Humboldt County Farm Bureau meeting and discussed the project. As of the date of this report no comments have been submitted by the Farm Bureau.
Comments were received from the following:
McKinleyville Community Services District, raising a concern regarding low water pressure in the agriculturally zoned portions of the Dows Prairie area, which could lead to an impact in water service if demand went up. Because this area is within the McKinleyville Community Plan Area and is classified as a “Special Area” under the CCLUO, any application for indoor cultivation in this area would require a Conditional Use Permit during which time impacts on water service could be reviewed and considered.
Garberville Fire Protection District, wanting to ensure that new structures would have provisions for emergency vehicle access and vegetation management. These items would be satisfactorily addressed as part of the building permit review for any new structure.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Planning Commission could choose not to recommend approval of the Zoning Ordinance Amendment or could choose to modify the proposed amendments based upon public input and Commission discussion.
ATTACHMENTS:
1. Draft Resolution
A. Draft Ordinance No. ___ amending Section 314-55 of HCC
2. CEQA Addendum
Please contact Cliff Johnson, Planning Manager at cjohnson@co.humboldt.ca.us or 707-441-7541 if you have questions about this item.