To: Planning Commission
From: Planning and Building Department
Agenda Section: Public Hearing
SUBJECT:
title
4 Wheel Properties, LLC Conditional Use Permit
Assessor’s Parcel Numbers: 210-062-007; 210-054-008; 210-071-001
Record Numbers: PLN-12398-CUP
Larabee Valley Area
A Conditional Use Permit for 20,000 square feet of existing outdoor commercial cannabis cultivation supported by a 2,000 square foot ancillary nursery. Irrigation water is sourced from a rainwater catchment pond (Pond 1) and a permitted well (Well 7). Estimated annual water usage is 440,000 gallons. Water storage is provided by the 310,773-gallon pond (Pond 1) and 70,000 gallons in hard tanks for a total of 380,773 gallons. Drying and storage occurs in Barn 1. A 5,000 square foot commercial building is proposed for onsite processing including trimming and packaging. Electricity is provided by PGE and solar with generators reserved for emergencies only. The project includes onsite relocation and restoration, consolidating three current cultivation areas into one new central area with restoration occurring in the three current locations and a fourth historic location. The project also includes a Special Permit for restoration within streamside management areas.
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RECOMMENDATION(S):
Recommendation
That the Planning Commission:
1. Adopt the resolution, (Attachment 1) which does the following:
a. Adopt the Mitigated Negative Declaration prepared for the 4 Wheel Properties, LLC project pursuant to section 15074 of the State CEQA guidelines; and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the 4 Wheel Properties, LLC Conditional Use Permit subject to the conditions of approval (Attachment 1A); and
d. Adopt the Mitigation Monitoring and Reporting Program.
Body
DISCUSSION:
Project Location: This project is in the Larabee Valley area on the south side of State Highway 36, approximately 1.56 miles west from the intersection of China Mine Road and State Highway 36 and further described as Assessor’s Parcel Numbers 210-071-001, 210-062-007, and 210-054-008 on the properties known to be in Sections 23, 26 and 27, Township 01 North, Range 04 East.
Present General Plan Land Use Designation: Agricultural Grazing (AG), Timberland (T), 2017 General Plan, Density: 40-160 acres per unit, Slope Stability: High Instability (3).
Present Zoning: Agricultural Exclusive (AE), Timber Production Zone (TPZ).
Environmental Review: An Initial Study/Mitigated Negative Declaration has been prepared pursuant to the California Environmental Quality Act (CEQA) Statute (Public Resources Code 21000-21189) and Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387).
State Appeal: Project is NOT appealable to the California Coastal Commission.
Major Concerns: None.
Monitoring Required: Annual Compliance Monitoring.
Executive Summary:
A Conditional Use Permit for 20,000 square feet of existing outdoor commercial cannabis cultivation supported by a 2,000 square foot ancillary nursery. Irrigation water is sourced from a rainwater catchment pond (Pond 1) and a permitted well (Well 7). Estimated annual water usage is 440,000 gallons. Water storage is provided by the 310,773-gallon pond (Pond 1) and 70,000 gallons in hard tanks for a total of 380,773 gallons. Drying and storage occurs in Barn 1. A 5,000 square foot commercial building is proposed for onsite processing including trimming and packaging. Electricity is provided by PGE and solar with generators reserved for emergencies only. The project includes onsite relocation and restoration, consolidating three current cultivation areas into one new central area with restoration occurring in the three current locations and a fourth historic location. The project also includes a Special Permit for restoration within streamside management areas.
This application is one of six that are proposed by different entities on the same legal parcel, which is 812 acres in size. If all six applications are approved a total of 5.29 acres of cultivation would be permitted on this property. This is consistent with the provisions of Sections 314-55.4.8.2.1.1 of the CMMLUO and 314-55.4.6.1.2.c of the CCLUO which allow for up to 43,560 (one acre) of cultivation area per 100-acre increment on parcels 320 acres of larger in size. A complete description and analysis of all proposed applications is included in the Draft Initial Study and Mitigated Negative Declaration (Attachment 3).
If approved, this project will be subject to the standards of the CCLUO. Using available data, the applicant provided an analysis demonstrating the pond and catchment area are adequate to provide annual irrigation water even in a drought year. In tandem with the permitted groundwater well, there is sufficient irrigation water for the project. Use of the groundwater well will not impact public trust resources. The applicant has provided a Site Management Plan but must provide the Notice of Applicability demonstrating enrollment in State Water Board General Order No. WQ 2019-0001-DWQ. The permit includes standard conditions of approval regarding portable toilets and wastewater systems.
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. The project is adequate setback from surface waters and no fill is proposed. Comments from CDFW have been considered and incorporated into the conditions of approval. A noise assessment established baseline values and were the basis of the property line noise standards discussed further below.
Access is taken from State Highway 36, which is publicly-maintained. A condition of approval requires documentation demonstrating that the encroachment is developed in accordance with Caltrans standards. No new grading is proposed or authorized to implement the project and no net timber conversion is associated with the proposed project. The project includes conditions of approval for remediation for historic conversion to comply with the Forest Practice Rules. CalFire responded to the referral with general comments regarding emergency access and fire suppression. The project is within the Bridgeville Fire Protection District and there is sufficient area for emergency vehicle turnarounds. 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.
An Initial Study / Mitigated Negative Declaration (SCH 2025111157) was circulated from November 26 to December 26, 2025. No public comment was received.
Water Resources: Annual water usage is estimated at 440,000 gallons (22 gallons per square foot) from a rainwater catchment pond (Pond 1) (40.4468, -123.694) and a permitted groundwater well (20/21-1183) located on the project parcel (40.44858, -123.69198). Per the Operations Plan, the pond is approximately 310,773 gallons in capacity. There are another 70,000 gallons of tanks for irrigation.
The applicant provided a rainwater catchment analysis (Appendix 6 ISMND). The analysis concludes that in the driest rainfall years approximately 233,000 gallons can be collected. Combined with the groundwater well (Well #7), there is sufficient irrigation water for the proposed project. The site plan labels the well location as Well #4 so there is a condition of approval to update the Site Plan and Operations Plan to correctly annotate the well number consistent with the well analysis (Condition of Approval A4). The applicant provided a geologic analysis of the groundwater well (Appendix 5 ISMND) conducted by a Geologist. This analysis concluded that the well is hydrologically disconnected from surface waters. The project is conditioned to require water metering and monthly water usage logbooks which must be kept and made available during annual inspection (Condition of Approval A5). Per the Operations Plan, the applicant has installed an irrigation system that utilizes drip emitters with a flow rate of 0.5 gallons per emitter. All irrigation water will be regulated by battery operated timers that will irrigate the planted areas for 3 to 6 minutes every morning and evening, based on weather and plant needs.
The project is subject to the State Water Board General Order No. WQ 2019-0001-DWQ. The applicant has provided a Site Management Plan (Attachment 4A) and permit conditions of approval require the Notice of Applicability demonstrating enrollment (Condition of Approval A4).
The Division of Environmental Health did not respond to the project referral but the permit includes standard conditions of approval regarding wastewater. Seasonal cultivation areas may be supported by portable toilets. If portable toilets are used, records must be kept and made available upon request during annual inspections. Any onsite processing must be supported by a permitted and properly sized onsite wastewater system. (Condition of Approval A11 and B3).
The project site has an active Lake or Streambed Alteration Agreement (LSAA) (1600-2018-0570-R1) (Attachment 4B). The project is conditioned to comply with the terms of the LSAA (Condition of Approval C16). Consultation with CDFW indicates that the applicant is operating in compliance with their LSAA.
The project was referred to the Army Corps of Engineers which responded with a request for a wetland delineation and that all project activities occur outside of wetlands. As described below, a delineation was conducted and the project design is sufficiently setback from all jurisdictional waters. Additionally, this comment from the Army Corp has been determined to be a standard comment when referral requests are sent to them.
Public Trust Analysis: An unnamed tributary of Butte Creek is approximately 2,300 feet to the northeast. Mule Creek is approximately 4,800 feet to the south of the project area. Though neither of these surface waters are mapped within the California Natural Diversity Database as providing habitat for listed species or sensitive communities, the water flows provided could contribute to public trust resources further downstream within the watershed. However, given the distances from the project area and an analysis conducted by a Geologist, there is no hydrologic connection between the groundwater well and these surface waters. Therefore, use of the well for irrigation will not impact public trust resources.
Biological Resources: A review of the California Natural Diversity Database does not indicate the presence of species or sensitive communities of concern. The nearest mapped Northern Spotted Owl activity centers are (HUM0125) approximately 2 miles to the west and (HUM0061) approximately 2.3 miles to the southwest and (HUM0339) approximately 2.1 miles to the east. A Northern Spotted Owl survey was also conducted (Appendix 13 ISMND) with negative sightings. A raptor survey was conducted (Appendix 12 ISMND). Per mitigation measure BR-1 nesting bird surveys are required for any construction or development occurring between February 1 and August 31 (Condition of Approval A6). Additional mitigation measures include BR-2 Bullfrog Management, BR-3 Invasive Species Management, and BR-4 Generator Sound Attenuation. These are included in the conditions of approval. The applicant has provided a Bullfrog Management Plan (Attachment 4C) and an Invasive Species Management Plan (Attachment 4D) and must follow them for the life of the project (Conditions of Approval B13 and B14).
A wetland delineation and an aquatic resources delineation (Appendices 3 and 4 ISMND) were conducted. All project areas are sufficiently setback from the mapped resources. A Biological Assessment and Botanical Survey were conducted (Appendices 10 and 11 ISMND). The assessment and survey concluded that no significant impact would occur if the project were implemented as designed. All recommendations from the assessment and survey have been implemented (e.g. raptor and NSO surveys) or are incorporated into the conditions of approval (e.g. preconstruction surveys during the nesting season).
Discussed further below, the proposed project will relocate and consolidate all cultivation areas which is environmentally superior. The project has been conditioned to ensure supplemental lighting associated with the nursery 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 B11 and C5), 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 50dB at 100 feet or forest edge, whichever is closer (Condition of Approval C2). 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.
Barn 2 is located within a streamside management area but it was constructed more than 75 years ago, before the adoption of the Streamside Management Areas and Wetland Ordinance. It is legally non-conforming and can continue to be used for agricultural purposes such as drying of cannabis and agricultural storage. It cannot be used trimming or packaging as that would be a commercial use resulting in an intensification and change of use beyond what is legally non-conforming.
Onsite Relocation and Restoration: Historic commercial cannabis operations on APN 210-054-008 originally occurred in three locations. One location was abandoned and relocated to an interim area. The project proposal for PLN-12398-CUP is to consolidate all cultivation into a new single area. The three historic and one interim cultivation areas will be restored to their pre-cultivation condition in accordance with the relocation analysis and restoration plan provided (Appendix 9 ISMND) (Condition of Approval A12). The consolidation will have multiple environmental benefits including a reduction in erosion by moving out of high slope areas, moving out of timber areas, and relocating to an existing disturbed flat closer to operation infrastructure. The project includes a Special Permit for restoration with streamside management areas.
Prime Soils: The project is for existing cultivation and is not located within any areas mapped as prime soils.
Noise: A noise assessment was provided (Appendix 7 ISMND). In accordance with the noise performance standards of the CCLUO, noise emissions are limited to 3dB above ambient noise levels. Therefore, based on the measurements reported in the noise assessment, the limits on noise are incorporated as a condition of approval (Condition of Approval C2) as follows:
58dB at the eastern property line;
51 dB at the northern property line;
45dB at the western property line; and
43dB at the southern property line.
If more than one noise standard applies, the more restrictive standard shall be used.
Energy: Power is provided by PGE through an eligible renewable energy program and solar. Generators are reserved for emergency use only (Condition of Approval B5).
Access: The project parcels are accessed from State Highway 36, which is publicly maintained. The permit is conditioned to require documentation from Caltrans demonstrating the encroachment from Highway 36 is compliant with applicable standards. (Condition of Approval A9). The Operations Plan states there will be up to one employee during peak operations. The site plan depicts sufficient parking spaces. The internal road network of the project parcels is privately maintained and do not serve any other parcels.
Geologic Suitability: The project parcel is mapped in the County GIS as high instability. The existing cultivation is in areas mapped as 0 - 30% slope. No new grading is proposed or authorized to implement the project (Condition of Approval B2). The project is conditioned to obtain after the fact grading permits for the pond (Condition of Approval A8).
Timber Conversion: Review of aerial imagery and the project materials indicate that timber conversion is associated with historic cultivation. A less than three-acre conversion mitigation plan has been provided (Appendix 8 ISMND) and is part of the permit conditions of approval (Condition of Approval A10). Specifically, there are six sites totaling 2.67 acres of conversion. Per mitigation measure AFR-1, four sites need action to comply with the Forest Practice Rules. The applicant can demonstrate this work has been completed with a report from a Registered Professional Forester.
The project is in an area mapped as very high fire hazard severity. CalFire responded to the project referral with general comments regarding emergency turnarounds and fire suppression. If a Registered Professional Forester determines tree removal is needed to protect structures associated with cannabis operations, the structure(s) will either need to be moved to comply with appropriate distances or the structure(s) removed and the cultivation converted to full sun cultivation techniques to avoid any timber conversion (Condition of Approval B6).
Security and Safety: Per the project Operations Plan, the property has a year-round caretaker. The property is restricted by electronic keypad-controlled gates. Security cameras areas are proposed as well as additional fencing around cultivation areas. The Site Plan provided by the applicant shows adequate space for emergency vehicle turnaround. A Site Plan update is required to show the location of water storage dedicated to fire suppression (Condition of Approval A4). The project parcel is within the Bridgeville Fire Protection District.
Tribal Consultation: The project was referred to the Northwest Information Center and the Bear River Band of the Rohnerville Rancheria. Regional tribes were also invited to consult on the project through the AB52 process. No tribes requested consultation. The site was visited multiple times by the Bear River THPO. A Cultural Resource Investigation conducted by William Rich and Associates was provided. The study recommended the standard inadvertent discovery protocol which has been included as a condition of approval (Condition of Approval C1).
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 Conditional Use Permit, the total approved permits in this planning watershed would be 139 permits and the total approved acres would be approximately 47.73 acres of cultivation. If all six proposed projects are approved, the total number of approved permits in this planning watershed would be 144 permits and the total approved acres would be approximately 52.56 acres of cultivation.
Environmental Review: Staff prepared a thorough environmental analysis which included the preparation of an IS/MND pursuant to the CEQA Statute (Public Resources Code 21000-21189) and Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000-15387). With the proposed mitigations, any potential project impacts are reduced to below significant levels. The IS/MND was circulated for 30 days and the department did not receive any public or agency comment on the environmental document.
OTHER AGENCY INVOLVEMENT:
The project was sent to responsible agencies and all responding agencies have either replied with no comments, comments, 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 approval if unable to make all the required findings. Staff have concluded the required findings in support of the proposal as conditioned can be made. Consequently, Staff does not recommend further consideration of these alternatives.
2. The Commission could also decide the project may have environmental impacts that would require further environmental review pursuant to CEQA. Staff did not identify any potentially significant unmitigable impacts.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
2. Location Map
3. ISMND
A. Mitigation Monitoring Report
B. Appendix 1 Site Plans
C. Appendix 2 Operations Plans
D. Appendix 3 Wetland Delineation
E. Appendix 4 Aquatic Resources Delineation Report
F. Appendix 5 Well Analyses
G. Appendix 6 Rainfall Catchment Analyses
H. Appendix 7 Noise Assessment
I. Appendix 8 Less Than Three Acre Conversion Mitigation Plan
J. Appendix 9 Relocation and Restoration Plan
K. Appendix 10 Biological Assessment
L. Appendix 11 Botanical Survey
M. Appendix 12 Raptor Survey
N. Appendix 13 Northern Spotted Owl Survey
4. Applicant’s Evidence in Support of the Required Findings
A. Site Management Plan
B. Lake or Streambed Alteration Agreement
C. Bullfrog Management Plan
D. Invasive Species Plant Management
5. Referral Agency Comments and Recommendations
A. Building Inspection Division
B. California Department of Fish and Wildlife
C. CalFire
D. Army Corps of Engineers
Applicant:
4 Wheel Properties LLC
PO Box 202
Carlotta CA 95528
Owner:
4 Wheel Properties LLC
PO Box 202
Carlotta CA 95528
Agent:
None.
Please contact Steven A. Santos, Senior Planner, at sasantos@co.humboldt.ca.us or (707)268-3749 for questions about this scheduled item.