To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Birds of Paradise Farms, LLC Special Permit for 5,000 square feet of existing outdoor cultivation
Assessor Parcel Number 221-071-027, 221-011-016, 221-071-042, & 221-071-045
Record No.: PLN-12535-SP
Miranda area
A Special Permit for 5,000 square feet (SF) of existing outdoor commercial cannabis cultivation supported by a 336 SF ancillary propagation greenhouse on APN 221-071-027. The project also includes a Special Permit for encroachment in a Streamside Management Area for the use and maintenance of a micro-hydro system on APN 221-071-045. Water is sourced exclusively from rainwater catchment, captured and stored in three offsite ponds. The total storage capacity of the three ponds is approximately 640,000 gallons and there are 25,120 gallons of storage available in tanks. The annual estimated water budget is 107,300 gallons, or 21.46 gallons per square foot per year. Processing will occur offsite in an existing 900 SF building on APN 221-071-042 or will occur at a third-party licensed facility. Power is provided by a photovoltaic system and micro-hydro system, with a 25-kilowatt (kW) generator utilized only for emergency backup. The applicant proposes a maximum of six employees in addition to the applicant themself and their spouse.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 25-__), which does the following:
a. Finds that the Zoning Administrator has considered the Mitigated Negative Declaration (MND) previously adopted for the Commercial Medical Marijuana Land Use Ordinance as well as the Addendum to the MND that was prepared for the Birds of Paradise Farms, LLC project pursuant to Section 15164 of the CEQA guidelines; and
b. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Special Permit subject to the conditions of approval.
Body
DISCUSSION:
Project Location:
The project is located in the Miranda area, on the northwest side of Thomas Road, approximately 3.8 miles west from the intersection of Howard Lane and Thomas Road, on the property known as 7320 Thomas Road and on the property known to be in the northern half of the northwest quarter of Section 12, Township 3 South, Range 2 East, Humboldt Base & Meridian.
Present General Plan Land Use Designation:
Agricultural Grazing (AG), Density: Range is 20 to 160 acres per unit; Timberland (T), Density: Range is 40 to 160 acres per unit; Residential Agriculture (RA40), Density: 40 acres per unit; 2017 General Plan, Slope Stability: High Instability (3).
Present Zoning:
Agricultural Exclusive (AE); Timberland Production (TPZ); 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 California Coastal Commission.
Major Concerns:
None.
Executive Summary:
A Special Permit for 5,000 square feet (SF) of existing outdoor commercial cannabis cultivation supported by a 336 SF ancillary propagation greenhouse on APN 221-071-027. The project also includes a Special Permit for encroachment in a Streamside Management Area for the use and maintenance of a micro-hydro system on APN 221-071-045. Water is sourced exclusively from rainwater catchment, captured and stored in three offsite ponds. The total storage capacity of the three ponds is approximately 640,000 gallons and there are 25,120 gallons of storage available in tanks. The annual estimated water budget is 107,300 gallons, or 21.46 gallons per square foot per year. Processing will occur offsite in an existing 900 SF building on APN 221-071-042 or will occur at a third-party licensed facility. Power is provided by a photovoltaic system and micro-hydro system, with a 25-kilowatt (kW) generator utilized only for emergency backup. The applicant proposes a maximum of six employees in addition to the applicant themself and their spouse.
Water Resources:
The annual estimated water budget for irrigation is approximately 107,300 gallons, which is sourced exclusively from three rainwater catchment ponds onsite. Proposed water usage is roughly 21.46 gallons per square foot per year. The three ponds are on a separate parcel from the cultivation area and are labeled Pond 2, Pond 3, and Pond 4 on the site plan, and collectively hold 640,000 gallons of water. The ponds support an additional cultivation site on their parcel, which is under common ownership. The project is conditioned to secure an easement for the use of the ponds’ water in case either property is sold separately to a new property owner (Condition A.9). There are 25,120 gallons of additional water storage in nine tanks. The applicant analyzed 30 years of rainfall data and using the mean of the three driest years of 29.76-inches, demonstrated that adequate water can be collected within the three ponds to meet water needs. Based on the ponds’ 15,400 SF of catchment area, approximately 285,523 gallons could be collected in a low rainfall year. The additional cultivation site that these ponds support requires 112,275 gallons annually, so total water usage from these ponds annually would be 219,575 gallons. The amount of available water storage in the ponds represents over 290% of the projects’ annual water budgets; the potential rain collection on low rainfall years represents roughly 130% of the total annual water budget. Water is pumped from the catchment ponds to the tanks using solar powered pumps and circulates back to the ponds using the same solar pumps.
The project was referred to the Division of Environmental Health which responded that the applicant must demonstrate that processing activities are able be supported by an approved onsite wastewater treatment system adding that seasonal/outdoor cultivation sites may be supported by portable toilets. Applicant must obtain a permit for, and install, an approved onsite wastewater treatment system to support the processing location and either install approved septic systems or provide portable toilets to cultivation areas (Condition C.3).
The pond labeled as Pond 1 on APN 221-071-045 is utilized exclusively for fire protection and has a capacity of 120,000 gallons, with a typical volume of 80,000 gallons in dry months.
Biological Resources:
A review of the California Natural Diversity Database (CNDDB) was conducted on September 25, 2024, and found reference to the potential presence of giant fawn lily (Erythronium oregonum) on the parcel, according to a Phelps Collection dated 1972. The lily has a California Rare Plant Rank of 2B.2, rare, threatened, or endangered in CA. The historic cultivation area was consolidated to an area within curtilage of the existing residence, in areas of previous disturbance. The project is for pre-existing cultivation, no new structures are proposed on this site that would impact the giant fawn lily, and the project has been conditioned to provide a seasonally appropriate botanical survey for any new ground disturbing activities (Condition B.1).
The nearest mapped Northern Spotted Owl (NSO) (Strix occidentalis caurina) activity center (HUM0976) is approximately 2.0 miles to the north, and habitat for marbled murrelet (Brachyramphus marmoratus) exists approximately 1.4 miles north of the parcel boundary. Artificial light, which is limited to the ancillary propagation area, will be blocked by blackout tarps to prevent any light from escaping the structures 30 minutes prior to sunset and 30 minutes after sunrise. The generator used for emergency backup shall operate at or below 50 decibels (dB) at 100 feet or nearest forested edge, whichever is closer (Condition C.4). Both artificial lighting and generator use are disallowed until the applicant can demonstrate they meet the limitation thresholds and until that is verified by Planning Division staff (Condition C.4 & C.7).
The Final Lake and Streambed Alteration Agreement (LSAA) from California Department of Fish and Wildlife (CDFW) identifies multiple streams onsite and indicates that multiple stream crossings need to be upgraded on the site, including excavation, removal of old culverts, replacement with new culverts, backfilling and compaction of fill, and rock armoring as necessary to minimize erosion. Project conditions require the applicant to maintain compliance with the terms of the LSAA (Condition C.22). As proposed and conditioned, the project is consistent with CMMLUO performance standards and will not negatively impact the NSO, marbled murrelet, or other sensitive species.
Energy:
Power is provided by a photovoltaic system, a micro-hydro system, and a generator serving as backup. The generator may be used for emergency purposes only and is subject to appropriate noise limitations: 50 decibels (dB) at 100 feet or nearest forested edge, whichever is closer, and not audible from neighboring residences (Condition C.4). The micro-hydro system is included in the site’s LSAA.
Access:
Access to the parcel is taken from a private driveway accessed from Thomas Road, which is county maintained. The private driveway has been improved to meet Public Works’ commercial driveway standards. The intersection between the driveway and Thomas Road is located on an adjacent parcel with shared ownership, then the approximately 1,000-foot driveway from Thomas Road passes through two parcels to the subject parcel, one of which is also under common ownership with the subject parcel. Project conditions require the applicant to demonstrate the 1,000-foot driveway meets or exceeds California Department of Forestry and Fire Protection (CalFIRE) Minimum State Responsibility Area Fire Safe Regulations within two years of project approval (Condition A.8). The property owner is a member of a Road Maintenance Association responsible for maintaining the private driveway.
Thomas Road is listed on Public Works’ List of County Maintained Roads that meet (or are equivalent to) Road Category 4 standards for Cannabis Projects, from Salmon Creek Road to the end of its County-maintained portion. The private driveway starts within the County-maintained section.
The project was also referred to the Salmon Creek Volunteer Fire Company (SCFVC), which did not provide comment. The project is conditioned to obtain a will serve letter from the SCFVC (Condition A.4). Project conditions require a revised site plan with 60 days of approval depicting emergency vehicle turnaround as well as water storage dedicated to fire protection (Condition A.6).
There will be up to six employees at peak operations. Project conditions require within 60 days of approval a revised site plan depicting six parking spaces, including one ADA compliant parking space (Condition A.6).
Geologic Suitability:
The project parcel is mapped as High Instability in the County WebGIS. The cultivation area is proposed within the curtilage of the existing residence on the subject parcel and is subject to obtaining building permits and agricultural exemptions. No new grading or structures are proposed to implement the project.
Security and Safety:
Per the project Operations Plan, the cultivation area is behind a locked gate and signage stating ‘No Trespassing’ surrounds the site. Buildings will also have locks. A security camera system will also be installed and announced with signage. A neighborhood watch provides warning to neighbors regarding suspicious activity. The Operations Plan also describes employee safety practices and lists emergency contacts, such as the owner, emergency responders, and hazardous material control agencies. The applicant proposes a maximum of six employees in addition to the applicant themself, and their spouse.
Tribal Consultation:
The project is within the historic aboriginal territory of the Bear River Band of the Rohnerville Rancheria and the Intertribal Sinkyone Wilderness Council. The project was referred to the Northwest Information Center at Sonoma State, Sinkyone Wilderness Council, and Bear River Band of Rohnerville Rancheria Tribal Historic Preservation Officer (THPO). A Cultural Resources Investigation dated June 2019 was prepared by William Rich. The investigation concluded that while the site contained at least one potential cultural or historical resource that may be eligible for listing to the California Register of Historical Resources, there is insufficient evidence available to positively claim that area as a Tribal Cultural Resource, therefore the archaeologist recommended cultivation at this specific site be allowed to continue with caveats. No additional grading, excavation, or expansion of the garden footprint or foundation may be undertaken, and any cultivation within this area must occur above ground and in existing planter beds. After reviewing the investigation’s report, the Bear River Band THPO requested that the cultivation be relocated outside of the area of the potential resource, with the option of continuing cultivation with the archaeologist’s recommended caveats only if no other suitable location for cultivation is present onsite. In accordance with the Bear River Band’s request, the applicant relocated the portion of the cultivation area at this potential sensitive resource to an existing disturbed area within the curtilage of the existing residence to avoid the resource area altogether. As a condition of project approval, the applicant shall cause to be recorded on the parcel a Notice of Development Plan to ensure that this, and future, development avoids the potential sensitive resources (Condition A.10). The project has been conditioned for inadvertent discovery protocol for any ground disturbing activities (Condition C.1).
Legal Parcel Status:
A Determination of Status was approved November 2, 2022, and resulted in a Certificate of Subdivision Compliance for APNs 221-071-005 and 221-071-019 as one legal parcel. APN 221-071-042 is one legal parcel, eligible for a Certificate of Subdivision Compliance because the associated conditions on PLN-2022-17998 have been completed, and a Certificate of Subdivision Compliance for APN 221-011-016 and 221-071-027 as one legal parcel. APNs 221-071-005 and 221-071-019 were later combined and assigned APN 221-071-045. The four subject APNs comprise three legal and contiguous parcels under the Subdivision Map Act.
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 South Fork Eel Watershed, which under Resolution 18-43 is limited to 730 permits and 251 acres of cultivation. With the approval of this project and the adjacent project, PLN-12535-SP, the total approved permits for cultivation in this Planning Watershed would be 288 permits and the total approved acres would be 86.1 acres of cultivation. More specifically, the project is within the Salmon Creek subwatershed, which is one of the Cannabis Impacted watersheds, as identified in Resolution 18-43. Therefore, no expansion beyond the pre-existing cultivation site is permitted.
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 Zoning Administrator could elect to add or delete conditions of approval. The Zoning Administrator could deny approval if unable to make all the required findings. Staff has concluded the required findings in support of the proposal can be made. Consequently, staff does not recommend further consideration of these alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B.1 Cultivation Operations Plan
B.2 Addendum to Cultivation Operations Plan
C. Site Plan
2. Location Map
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Lake and Streambed Alteration Agreement
B. Site Management Plan
5. Referral Agency Comments and Recommendations
APPLICANT, OWNER, AGENT AND PLANNER INFORMATION:
Applicant:
Birds of Paradise Farms, LLC
Dan & Leanna Gribi
P.O. Box 608
Miranda, CA 95560
Owner:
Daniel M. & Leanna R. Gribi
P.O. Box 608
Miranda, CA 95560
Agent:
ETA Management Group Stillwater Sciences
P.O. Box 147 850 G Street, Suite K
Phillipsville, CA 95559 Arcata, CA 95521
Please contact Augustus Grochau, Planner, agrochau@co.humboldt.ca.us or 707-441-2626 if you have questions about this item.