File #: 23-992    Version: 1 Name:
Type: Zoning Item Status: Consent Agenda
File created: 6/29/2023 In control: Planning Commission
On agenda: 7/6/2023 Final action:
Title: New Earth Farms, LLC Assessor Parcel Numbers (APN) 524-072-010 Record No.: PLN-2022-18049 Willow Creek area The applicant is seeking a Special Permit for 32,500 square feet (SF) of new mixed-light commercial cannabis cultivation, and a Special Permit for a setback reduction to Public Lands, the Six Rivers National Forest. There is an existing approved permit on-site for 10,000 square feet of mixed-light cultivation. The total area of mixed-light cultivation on-site is proposed to be 42,500 SF. A total 3,000 SF ancillary nursery is proposed to support cultivation activities. The applicant projects three (3) harvests annually. Water for irrigation will be supplied by an existing and proposed rainwater catchment system from roof tops with a total capture area of 52,599 square feet. Existing available water storage totals 17,500 gallons and the total water storage proposed is 600,000. Estimated annual water use for the 42,500 SF of cultivation and 3,000 SF of nursery, is approxim...
Sponsors: Planning and Building, Laura McClenagan
Attachments: 1. 18049 Staff Report 7.6.23, 2. Attachment 1 - Resolution, 3. Attachment 1A - Conditions of Approval, 4. Attachment 1B - 18049 Cultivation & Operations Plan 12.22.2022, 5. Attachment 1C - 18049 Site Plan 5.18.2023, 6. Attachment 2 - 18049 Location Map 01.25.2023, 7. Attachment 3 - CEQA Addendum, 8. Attachment 4 - Applicant's Evidence in Support of Required Findings, 9. Attachment 4A - 18049 Biological Report 01.25.2023, 10. Attachment 4B - 18049 Botanical Report 01.25.2023, 11. Attachment 4C - 18049 NSO Survey NewEarthFarms-NSO-524-072-010, 12. Attachment 4D - 18049 Road Evaluation 01.25.2023, 13. Attachment 5 - Referral Agency Comments and Recommendations, 14. Attachment 5A - 18049_ref_DEH, 15. Attachment 5B - 18049 ref_Public Works, 16. Attachment 5C - 18049 ref_PG&E Intitial 04.13.2023, 17. Attachment 5D - 18049 ref_PG&E 04.26.2023, 18. Attachment 5E - 18049_ref_CDFW, 19. Attachment 6 - Watershed Map

To:                                                               Planning Commission                                          

 

From:                                          Planning and Building Department                                          

 

Agenda Section:                     Consent                                                               

 

SUBJECT:

title

New Earth Farms, LLC

Assessor Parcel Numbers (APN) 524-072-010

Record No.: PLN-2022-18049        

Willow Creek area

 

The applicant is seeking a Special Permit for 32,500 square feet (SF) of new mixed-light commercial cannabis cultivation, and a Special Permit for a setback reduction to Public Lands, the Six Rivers National Forest. There is an existing approved permit on-site for 10,000 square feet of mixed-light cultivation. The total area of mixed-light cultivation on-site is proposed to be 42,500 SF. A total 3,000 SF ancillary nursery is proposed to support cultivation activities. The applicant projects three (3) harvests annually. Water for irrigation will be supplied by an existing and proposed rainwater catchment system from roof tops with a total capture area of 52,599 square feet. Existing available water storage totals 17,500 gallons and the total water storage proposed is 600,000. Estimated annual water use for the 42,500 SF of cultivation and 3,000 SF of nursery, is approximately 595,000 gallons (13 gal/SF/yr). The applicant is proposing to conduct all trimming and packaging off-site at a licensed processing facility. Drying and curing is proposed to occur in a proposed 2,400 square foot ag-exempt structure. Energy for the operation will be supplied by PG&E renewable sources. There will be up to 7 employees on-site during peak operations.

end

 

RECOMMENDATION(S):

Recommendation

That the Planning Commission:

1.                     Survey the audience for any person who would like to discuss the application.

2.                     If no one requests discussion, make the following motion to approve the as part of the Consent Agenda; and

3.                     Adopt the resolution (Resolution 23-__). (Attachment 1) which does the following:

a.                     Finds that the Planning Commission has considered the Environmental Impact Report for the Commercial Cannabis Land Use Ordinance and the Addendum that was prepared for the New Earth Farms, LLC); 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 (Exhibit 1A); and

d.                     Approves the Cultivations Operations Plan (Exhibit 1B) and Site Plan (Exhibit 1C).

 

Body

DISCUSSION:

Project Location: The project is located in Humboldt County, in the Willow Creek area, on the West side of Staton Drive, approximately 0.58 miles North from the intersection of Friday Ridge Road and Staton Drive, on the property known as 600 Staton Drive.

 

Access: The site is accessed from Staton Drive, from Friday Ridge Road, from State Hwy 299.

 

Present General Plan Land Use Designation: Residential Agriculture 2017 General Plan; Density: 40 acres per dwelling unit; Slope Stability: Moderate Instability (2).

 

Present Zoning: Unclassified (U).

 

Environmental Review: An Environmental Impact Report for the Commercial Cannabis Land Use Ordinance and the Addendum that was prepared for the New Earth Farms, LLC, consideration per §15164 of the State CEQA Guidelines.

 

State Appeal: Project is NOT appealable to the California Coastal Commission.

 

Major concerns: Setback to public lands.

 

Executive Summary: The applicant is seeking a Special Permit for 32,500 square feet (SF) of new mixed-light commercial cannabis cultivation, and a Special Permit for a setback reduction to Public Lands, the Six Rivers National Forest. There is an existing approved permit on-site for 10,000 square feet of mixed-light cultivation. The total area of mixed-light cultivation on-site is proposed to be 42,500 SF, with a total of 3,000 SF of ancillary nursery to support cultivation activities. The applicant projects three (3) harvests annually. Prior to expansion of the site the applicant shall demonstrate compliance with all conditions of approval for the approved project PLN-12260-SP (Conditions 6 - 14 in Attachment 1 of the approved project 12260 Staff Report), and the project is proposed to be conditioned to meet the general conditions set forth for this application PLN-18049-SP (Condition A.5).

 

The applicant is proposing to conduct all trimming and packaging off-site at a licensed processing facility. The applicant shall have documentation kept on-site to show the use of a licensed processing facility, to be furnished during an annual inspection (Ongoing Condition B.1). This application is amending the approved project (PLN-12260-SP) to remove the commercial processing structure with ADA restroom, and will have drying and curing activities conducted in a proposed 2,400 square foot ag-exempt structure. There will be up to seven (7) employees on-site during peak operations. There is one (1) residence proposed for on-site employee housing, and the applicant will be required to permit the existing residence with the Building Division. The applicant is proposing to utilize portable toilets at the cultivation area, or to utilize a restroom within the existing residence. The project was referred to the Department of Environmental Health (DEH) on April 12, 2023, and comments were received on April 14, 2023. Comments from DEH stated that seasonal cultivation without processing may use portable toilets to serve the operation, and that the permittee shall provide portable toilets to cultivation areas meeting appropriate setbacks, or install a permitted onsite wastewater treatment system associated with a permitted structure (Condition B.2). The applicant shall provide receipts, or other equivalent documentation, annually to the Planning Division for proof of portable toilet service, unless a permitted onsite wastewater treatment system has been obtained (Ongoing Condition B.3).

 

The proposed project will include the reconfiguration of the existing seven (7) greenhouses to make room for the additional 32,500 SF of mixed-light cultivation and 2,000 SF of additional ancillary nursery space. The previously approved project received a permit for the historic grading that was done. No additional grading will take place at the site, and the proposed cultivation area has been verified to be a less than 15% sloped area utilizing Google Earth Pro. The project will have a total of eighteen (18) mixed-light cultivation greenhouses and one (1) nursery greenhouse. Other structures associated to cultivation activities that require building permits include: one (1) residence, one (1) drying structure, one (1) 100,000-gallon rain catchment tank, and one (1) 500,000-gallon rain catchment tank. The applicant is conditioned to obtain building permits for all existing and proposed structures with a nexus to cannabis, including but not limited to: eighteen (18) mixed-light greenhouses, one (1) nursery greenhouse, one (1) residence, one (1) drying structure, one (1) 100,000-gallon rain catchment tank, and one (1) 500,000-gallon rain catchment tank (Condition A.6).

 

 

Setbacks

The subject property is surrounded on the north, east and west by publicly owned lands, the Six Rivers National Forest. The CCLUO required a 600-foot setback to public lands, and allows that setback to be reduced upon approval of a Special Permit by the decision-maker. The previously approved project was approved for a setback reduction to public lands and this project is also requesting a Special Permit for a setback reduction SRNF and will lessen the setback from 70 feet for the approved project to 30 feet for the proposed activities. The project was referred to the SRNF on April 12, 2023, and no comments were received. The setback reduction to 30 feet from public lands may be found appropriate given that it is in an existing cleared flat area on the property which is as far away as possible from the public lands to the west which provide more substantial wildlife habitat than the public lands to the east, and the public lands to the east are primarily separated from the project by a Forest Service road. Further, the project will be served by PG&E power and is conditioned to adhere to dark sky standards. Noise and light impacts from the project are therefore expected to be minimal.

 

The adjacent public land is subject to the Land and Resource Management Plan - Six Rivers National Forest 1995 (L&RMP). The project is consistent with the L&RMP because the cultivation activities will minimize impacts to biological resources and wildlife through measures to reduce potential light and noise impacts. The applicant will obtain 100% renewable power from PG&E, and water is collected from rain catchment. The project is consistent with recreational use on public lands as the proposed project is not located near developed campgrounds, trails, or other related facilities. The project site is more than 600 feet from any school, school bus stop, church or other place of religious worship, or Tribal Cultural Resource.

 

The project is more than 30 from any property line, more than 300 feet from any off-site residence, and more than 600 feet from any school, school bus stop, church, or Tribal Cultural Resource. The project is less than 270 feet from an undeveloped parcel, the SRNF. As the undeveloped parcel is public lands, it is not anticipated that any future development will occur on the SRNF.

 

Energy

Energy for the operation will be supplied by PG&E renewable sources. The parcel is currently tied with the PG&E grid, and the applicant is working with PG&E, a licensed electrician, and an electrical engineer to develop the sites infrastructure for additional power delivery to ensure that the available power is sufficient for the full 42,500 SF of mixed-light cannabis cultivation. Prior to the issuance of building permits or initiation of any activities requiring the use of electricity, the applicant shall provide documentation demonstrating adequate electricity is available to the project site, to the satisfaction of the Planning Director (Condition A.7). The applicant plans to source renewable energy by enrolling in PG&E’s 100% Solar Choice program or the RCEA Power+ plan, and is required to show proof of enrollment in a 100% renewable energy plan with PG&E prior to commencement of cultivation activities (Condition A.8). The applicant proposes to have two (2) Honda 7,000 generators on-site for emergency backup only purposes, and they will be stored in a generator shed. Generator sheds must have a concrete floor designed to incorporate containment for fuel leaks and spills which must be located on a stable surface with a minimum 200-foot buffer from Class I and Class II streams (Condition A.9).

 

Fire Hazard

The project is located in an area designated to have a Very High Fire Hazard Severity, and is located within the Willow Creek Volunteer Fire District (WCVFD) for local fire response area. The project was referred to the WCVFD on April 12, 2023, and no comments have been received. The project is also located within the State Responsibility Area (SRA) for CalFire. The Site Plan shows a firetruck turnaround, and the applicant has one (1) 2,500 gallon water storage tank designated for fire suppression needs only. The designated fire suppression tank shall have the appropriate fire hose that meets CalFire SRA requirements (Condition A.10). The project proposes to include the management of trees and vegetation around the existing structures to maintain a 100-foot defensible space from structures.

 

Timber Conversion

The project was referred to CalFire on April 12, 2023, and no comments were received by the agency. The project includes the reconfiguration of pre-existing cultivation in order to make room for the additional greenhouses within the open non-forested area. The project proposes to include the management of trees and vegetation around the existing structures to maintain a 100-foot defensible space. Per Section 55.4.6.4.2 of the CCLUO, the cultivation site may only be located within a non-forested area that was in existence prior to January 1, 2016. The approval of this project does not authorize conversion of timberland on-site, and the applicant shall adhere to the CalFire guidelines for maintaining defensible space (Ongoing Condition B.4), which includes:

1.                     Cutting or mowing annual grass down to a maximum height of four inches.

2.                     Create horizontal space between shrubs and trees.

3.                     Create vertical space between grass, shrubs, and trees.

4.                     Remove fallen leaves, needles, twigs, bark, cones, and small branches. However, they may be permitted to a depth of three inches.

5.                     Keep 10 feet of clearance around exposed wood piles, down to bar mineral soil, in all directions.

6.                     Clear area around outbuildings and propane tanks. Keep 10 feet of clearance to bare mineral soil and no flammable vegetation for an additional 10 feet around their exterior.

 

Water Resources

The project will source water from a rainwater catchment system which will be connected to proposed water tanks. The estimated annual water needed for irrigation of the full 42,500 SF of cultivation and 3,000 SF of propagation is approximately 595,000 gallons (13 gal/SF/yr). Once the site is fully developed with the additional proposed structures, there will be an available rain catchment surface area of 52,599 SF. The applicant has provided calculations to show that the site would have the capacity to collect approximately 1,635,400 gallons of water from an average rainfall year with approximately 50.78 inches of rainfall. In a drought year the site would have the capacity to collect approximately 626,784 gallons of rainfall, which would still be enough to meet the annual needs for the project. There is a total of 17,500 gallons of existing water storage on-site, and the applicant is proposing to replace these tanks with one (1) 100,000-gallon water tank, and is proposing to add another 500,000-gallon water tank, for a total of 600,000 gallons of water storage on-site. This application is amending the approved application, which proposed to have a 230,000 gallon tank installed on-site, and this is no longer being proposed. All water tanks shall be installed and filled with rainwater prior to commencement of cultivation activities at the site (Condition A.11).

 

The site was historically enrolled in the North Coast Regional Water Quality Control Board’s Order No. R1-2015-0023, under WDID: 1B171453CHUM, and is grandfathered into the Regional Order setbacks for streamside management areas (SMA). The site is currently enrolled in the State Water Resources Control Board’s (SWRCB) General Order (No. WQ 2019-0001-DWQ) for Waste Discharge Requirements and Water Quality. The applicant has submitted a Notice of Applicability letter for the approved project, dated January 31, 2020, showing enrollment in the General Order under WDID 1_12CC417141 as a Tier 1 Low Risk site. The applicant has a Site Management Plan (SMP) prepared for the approved project, and the applicant shall continue to adhere to the Best Practicable Treatment or Control (BPTC) measures and annual monitoring/treatment timelines in the SMP (Ongoing Condition B.5).

 

The Site Plan shows one (1) Class III intermittent stream and a man-made impoundment pond (not utilized for cannabis irrigation) with the associated 50-foot streamside management area (SMA) buffers. A Wetland and Watercourse Evaluation (WWE) was performed by J. Regan Consulting in November 2021, and was approved with the approved permit PLN-12260-SP. The WWE concludes that the pond/wetland feature is completely man-made and does not appear to require a buffer under the County’s Streamside Management Areas and Wetlands Ordinance (SMAWO). As noted in the WWE, “under current cannabis cultivation guidelines this feature should be regarded as a “man-made water supply reservoir that supports native aquatic species” (a Class IV watercourse).” Existing cultivation areas and ancillary infrastructure to support commercial activities (both existing and proposed) are outside of the required SMA buffers. Approval of this permit does not authorize use of the pond feature to support any commercial cannabis cultivation activities.

 

The project site has a shallow well (Permit No. 16/17-0181). The well is located in the central portion of the site, adjacent to the cultivation area and approximately 180 feet south from the nearest SMA. The well is included as a point of diversion in the applicant’s final Streambed Alteration Agreement (SAA) (Notification No. 1600-2019-0376-R1) authorized on September 13, 2019, by the California Department of Fish and Wildlife (CDFW). The SAA includes four encroachments, including two (2) points of diversion (the well and an on-stream pond) and two (2) stream crossing upgrades. Conditions of approval require the applicant to implement any remaining projects and to comply with the requirements established under the SAA. Approval of this permit does not authorize the use of these points of diversion to support commercial cannabis irrigation needs, as sufficient rainwater catchment and storage is available to serve the project and the well’s potential for hydraulic connectivity to streams has not been evaluated by a licensed professional hydrogeologist, as noted in the SAA.

 

Biological Resources

According to the California Natural Diversity Database (CNDDB) for rare and endangered species, the project site does not contain potential habitat areas for any rare or endangered species. The applicant had an Initial Biological Scoping Report (IBSR) that was prepared by Biologist Corrina Kamoroff with Hohman & Associates Forestry Consultants, dated June 24, 2022. A floristic survey was conducted for the site in 2020 to address any potential protected plant species on-site, and is included in the IBSR (discussed below). The IBSR also includes the recommendation for pre-construction bird surveys, prior to any further construction or vegetation removal during the breeding season (Condition A.12). Raptor surveys were completed for the 2020 season (included in the IBSR) and should be continued to protocol until required permits are acquired. The applicant may avoid indirect impacts to special-status fish, amphibians, and reptiles by adhering to state and regional waterboard guidelines to minimize runoff from cultivation and observing SMA buffer distances. Minimizing light pollution and adhering to International Dark Sky Association standards will minimize potential impacts on birds, bats and other light-sensitive species. Minimizing noise pollution from generators is also important for sensitive birds, bats, and other wildlife. The applicant is required to comply with International Dark Sky Standards for all greenhouses, and shall ensure that all noise levels do not go above 50 decibels at 100-feet or any tree line when noise generating equipment are in use (Ongoing Conditions B.6 & B.7).

 

The Botanical Survey Report (BSR) was prepared by Botanist Caitlyn Allchin with Hohman and Associates Forestry Consultants, dated June 24, 2022. The BSR states that the botanical surveys were conducted on May 18, 2020, and July 15, 2020. No protected rare or endangered plants were detected at the project’s cultivation site. However, Tracy’s tarplant (Hemizonia congesta ssp. Tracyi) was found growing along a decommissioned road. As well, a population of Erythronium species was found in a vegetative state during the May 18, 2020 survey, located to the south of the entrance to the property that is located on the southeastern side of the parcel. The population was marked with pink Native Plant Protection Flagging, and is unlikely to be impacted due to its proximity to the cultivation area. There is a decommissioned logging road that runs to the northwest adjacent to the Erythronium population, and if the road needs to be accessed, a professional botanist should be consulted to identify the population to species during its blooming period between March and July. If the population is found to be a rare or threatened species of Erythronium, then a 100-foot buffer should be delineated with flagging around it to ensure its protection during road use (Ongoing Condition B.9). The BSR found invasive species on-site, star thistle and Himalayan blackberry to the north of the cultivation area, and the BSR recommends removing the non-native plants prior to operations to minimize impacts to the native plant community. The applicant shall adhere to the recommendations for invasive star thistle and Himalayan Blackberry, described in page 3 and 4 of the BSR, prior to commencing operations on-site, and monitoring and removal of these species shall be conducted for the life of the project (Condition A.13 & Ongoing Condition B.10). No additional surveys are recommended at this time.

 

The Raptor Survey Report (RSR) was prepared by Biologist Grace Sanderson with Hohman and Associates Forestry Consulting, dated June 24, 2022. The RSR states that two (2) raptor surveys were conducted on April 1, 2021, and May 20, 2021. No sensitive species were observed during both surveys, no nesting behavior was observed on or near the property, and the proposed operations are not expected to impact any nesting raptors at that time. Additional raptor surveys are recommended if construction is planned for 2022 or later. The applicant shall obtain additional raptor surveys during the breeding season prior to any construction activities on-site (Condition A.14).

 

The project is located approximately 0.74 miles to the nearest known Northern Spotted Owl (NSO) activity center, and is approximately 0.43 feet to the nearest positive NSO observation site. The applicant has obtained an NSO Survey Report (NSOSR) that was prepared by Biologist Corrina Kamoroff with Hohman and Associates Forestry Consultants, dated May 25, 2022. The NSOSR discusses the effects of the Knob fire that occurred in 2021, which burned approximately 2,421 acres surrounding the project area. There were three (3) known activity center within 1.3 miles of the project area, two (2) of which were located on the edge of the fire perimeter and may no longer be considered NSO habitat. There was an on-going Willow Creek Northern Spotted Owl Demographic study which has been surveying from the early 1990’s through 2022, with five (5) site being monitored. At the end of the 2021 NSO survey season, only one of the sites (HUM1059) has been documented to be occupied by NSO since 2017, and there have been no additional NSO detections outside of the historic sites since 2021. The NSOSR states that no additional NSO surveys are recommended at this time.

 

The project was referred to CDFW on April 12, 2023, and comments were received on June 22, 2023. Comments from CDFW states that a site visit was conducted on June 16, 2023 to inspect the site for work included in the SAA, and to assess the project proposal. CDFW mentioned concerns regarding nearby NSO habitat and the projects potential to disturb the species, and requested that an NSO survey be conducted prior to project implementation, and all construction activities be limited outside of the NSO breeding season. As noted previously, an NSP scoping report was completed which references previous surveys in the vicinity and recommends no further surveys, and it is unclear what further surveys would accomplish at this point int time. There are several positive NSO observations within 1.3 miles to the proposed activities, and the most recent NSO observation with in 2004. As the project will not be doing significant construction work, and all proposed activities are within the existing project footprint, no additional NSO surveys are proposed to being required, in line with the recommendations of the NSOSR. However, the project is conditioned to limit any ground-disturbing or construction activities to outside the NSO breeding season (between March 1st through July 10th) (Ongoing Condition B.11). Other comments from CDFW included concerns regarding potential grading required for the project, concerns about storm water management, existing trash and debris within a stream, the installment of the proposed 100,000-gallon water storage tank near a failing culvert, and the work completion date for the SAA 1600-2019-0376-R1. The approved project (PLN-12260-SP) has obtained a grading permit with the Building Division, and all associated grading for that site, including associated with the proposed expansion area has been completed. No additional grading is required for the proposed project activities. The applicant shall adhere to the following recommendations from CDW:

1.                     The applicant shall implement storm water management around the cultivation area to include routing storm water into settling basins or bioswales where the runoff can be incorporated into groundwater and away from streams (Condition A.15).

2.                     Prior to installing the 100,000-gallon rain catchment tank, the applicant shall replace the failing culvert located near the road and existing well (Condition A.16).

3.                     The applicant shall complete the work outlined within the SAA 1600-2019-0376-R1 with CDFW, and submit all the required reporting, prior to conducting the proposed expansion development activities (Condition A.17).

 

Tribal Cultural Resource Coordination

The project is located within the Hoopa Tribe and Tsnungwe Tribes ancestral aboriginal territories. The applicant has submitted a Cultural Resource Investigation Report (CRIR) that was prepared for the approved project 12260, and included an investigation of the proposed cultivation site. The CRIR was prepared by William Rich, M.A., RPA, with William Rich and Associates, dated May 2021, and was submitted to the Tsnungwe Council for review on May 15, 2023. The Tsnungwe Council responded on May 16, 2023, stating that they are okay with the project proposal and the findings of the CRIR. The CRIR found no significant archaeological or historical-period cultural resources within the limits of the project area. The applicant shall adhere to Inadvertent Discover Protocols, and shall cease all work in the immediate area and within a 50-foot buffer of the discovery location. A qualified archaeologist and the appropriate Tribal Historic Preservation Officer(s) are to be contacted to evaluate the discovery and, in consultation with the applicant and the lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided (Informational Note 3).

 

Access

The site is accessed from private road Staton Drive, from county-maintained Friday Ridge Road, from State Hwy 299. The applicant had a Road Evaluation Report (RER) prepared by Northpoint Consulting Group, dated January 2021, which assessed the 0.6 miles of the private access road Staton Drive. The RER shows that the entire road segment is on average 18-20 feet in width with adequate shoulders and turnouts at all pinch points. The RER concludes that the road system used to access the project has been determined to be within conformance of Section 55.4.12.1.8 of the CCLUO, with the recommended improvements listed in Table 1 of the RER. The applicant shall complete the road improvements listed in Table 1 of the RER prior to commencing the additional cultivation activities on-site (Condition A.18). The project was referred to the Department of Public Works on April 12, 2023, and comments were received by the agency on April 20, 2023. Comments from Public Works included the same recommended conditions on the project as the approved project (PLN-12260-SP). As the access also connects to State Hwy 299, the project was referred to CalTrans, and no comments were received. There are several approved cannabis projects that are accessed from Staton Drive (Applications 12270, 12099, 12213, 12098, and 12101), and all permit holders shall enter into a Road Maintenance Association in order to establish rules and mechanisms for road maintenance (Condition A.19). The project will utilize up to seven (7) employees for the proposed operations, and up to one (1) visitor may come to the site per day. Up to 16 daily vehicle trips are anticipated at a maximum per day. As the site has been determined to be developed to the equivalent of a road category 4 standard, it has been determined that the road meets the functional capacity needs for the project.

 

Consistency with Humboldt County Board of Supervisors Resolution No. 18-43

Planning staff determined that 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 Lower Trinity Planning Watershed, which under Resolution 18-43 is limited to 169 permits and 58 acres of cultivation. With the approval of this project the total approved permits in this Planning Watershed would be 61 cultivation permits and the total approved acres would be 26.6 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 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 EIR for the CCLUO 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.                     Initial Biological Scoping Report and Raptor Survey Report

B.                     Botanical Survey Report

C.                     Northern Spotted Owl Survey Report

D.                     Road Evaluation Report

5.                     Referral Agency Comments and Recommendations

A.                     Department of Environmental Health

B.                     Public Works

C.                     PG&E Initial Comments

D.                     PG&E

E.                     California Department of Fish & Wildlife

6.                     Watershed Map

 

 

Applicant
New Earth Farms, LLC
PO Box 153
Willow Creek, CA 95573

 

Owner
Second 707 Realty, LLC
PO Box 153
Willow Creek, CA 95573

 

 

Please contact Megan Acevedo, Associate Planner, at macevedo@co.humboldt.ca.us or at (707) 441-2634 if you have any questions about this public hearing item.