To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
2121, LLC; Conditional Use Permit and Coastal Development Permit
Assessor Parcel Numbers (APN) 308-131-012 and 308-131-020
Record No.: PLN-2025-19144
Table Bluff area
Conditional Use Permit and Coastal Development Permit for the re-approval of a previously approved cannabis cultivation operation. The previous permit was revoked by the Board of Supervisors and the current applicant is not associated with the owner and operator of the previously approved permit. The proposed project involves 28,656 sq. ft. of mixed light and 9,800 sq. ft of outdoor cultivation within existing greenhouses for a total of 38,465 sq. ft. Water for cannabis irrigation is sourced from an existing permitted groundwater well, as well as dehumidifiers that will capture up to 15% of estimated needs during peak demand. Processing, including trimming, will be completed off site at a licensed third-party processing facility. The parcel was previously approved for cannabis cultivation under PLN-11065-CUP, which was recently revoked by the Board of Supervisors. The 2121, LLC proposal does not include any increase in cultivation area, water use, or electrical consumption. The project is intended to operate within the existing footprint of the original project with no new ground disturbance proposed.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Attachment 1) which does the following:
a. Finds the Zoning Administrator has considered the Environmental Impact Report previously adopted for the Commercial Cannabis Land Use Ordinance as well as the Addendum to the Environmental Impact Report that was prepared for this project pursuant to Section 15164 of the CEQA guidelines; and
b. Makes all of the required findings for approving the Conditional Use Permit and Coastal Development Permit PLN-2025-19144, based on the substantial evidence submitted; and
c. Approves the 2121, LLC Conditional Use Permit and Coastal Development Permit as recommended by staff, and subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: This project is located in the Table Bluff area, on the northeast side of Table Bluff Road, approximately 4,800 feet northwest from the intersection of Table Bluff Road and Hawks Hill Road, on the property known as 2121 Table Bluff Road and on the property known to be in the southwest quarter of the northeast quarter of Section 35 of Township 04 North, Range 02 West, Humboldt Base & Meridian.
Present General Plan Land Use Designation: Agricultural Exclusive/Grazing Lands - AEG (160), Eel River Area Plan (ERAP), Density: 1 dwelling unit per 20 acres, Low Instability (1).
Present Zoning: AE-160/A,W,T - Agriculture Exclusive, 160-acre minimum parcel size, with combing zone overlays of Archaeological Resource Area Outside Shelter Cove (A), Coastal Wetlands Special Combining Zones (W) and Transitional Agricultural Lands (T).
Environmental Review: The project complies with the requirements of the California Environmental Quality Act. The Humboldt County Zoning Administrator has considered the Environmental Impact Report previously adopted for the Commercial Cannabis Land Use Ordinance as well as the Addendum to the Environmental Impact Report that was prepared for this project pursuant to Section 15164 of the CEQA guidelines.
State Appeal: Project is appealable to the California Coastal Commission.
Major concerns: None.
Executive Summary: 2121, LLC seeks approval for a Conditional Use Permit and Coastal Development Permit for a new owner and operator of a cannabis cultivation project. The proposed project involves 28,656 sq. ft. of mixed light and 9,800 sq. ft of outdoor cultivation within existing greenhouses for a total of 38,465 sq. ft. Water for cannabis irrigation is sourced from an existing permitted groundwater well, as well as dehumidifiers that will capture up to 15% of estimated needs during peak demand. Processing, including trimming, will be completed off site at a licensed third-party processing facility. The parcel was previously approved for cannabis cultivation under PLN-11065-CUP. The 2121, LLC proposal does not include any increase in cultivation area, water use, or electrical consumption. The project is intended to operate within the existing footprint of the original project with no new ground disturbance proposed.
The project site is a relatively level (0-5% slope) parcel located on Table Bluff Road on a slight slope to the west. The subject parcel is 6.53 acres in size and with the adjoining parcel of 19.6 acres, the total property size 21.6 acres in size. Surrounding land use is primarily agricultural production, including dairying, and pasturage. Soils at the site are Rohnerville 5, a silty loam soil characteristically found on high flat terraces such as those occurring at Table Bluff. The parcel is presently zoned Agriculture Exclusive with combing zone overlays of Archaeological Resource Area Outside Shelter Cove (A), Coastal Wetlands Special Combining Zones (W) and Transitional Agricultural Lands (T), and has a general plan designation of Agricultural Exclusive - Grazing (AEG 160) in the Eel River Area Plan (ERAP).
Operations: The project involves 28,656 square feet of mixed-light cultivation within existing greenhouses and 9,800 square feet of outdoor cultivation within hoop houses for a total of 38,456 sq. ft. The cultivation cycle is projected to run two to three cycles annually for the hoop houses and mixed light cultivation greenhouses. Greenhouses will utilize blackout tarps and light shielding to comply with local light pollution regulations.
Once the plants reach maturity, they will be harvested, dried, and cured on-site in the existing storage shed or greenhouses. Trimming and further processing will occur at a third-party licensed facility. Staffing will fluctuate based on the needs of the operation, with a peak of up to eight (8) employees during the busiest periods. Parking is proposed to be located near the greenhouse and shop building with four (4) parking spaces located near the drying and curing area. The proposed hours of operation will be from 8:00 AM to 8:00 PM seven days per week. Electricity is sourced from PG&E and an emergency back-up generator. As a condition of approval, the operator will be required to provide annual documentation of enrollment in the PG&E REpower+ 100% renewable energy program.
Per the applicant and based on the Operations and Site Plans, all cultivation areas are setback at least 30 feet or more from property lines. There are no schools, school bus stops, churches, public parks, public lands, or known tribal cultural resources within 600 feet of the nearest cultivation area. Fertilizers and pesticides will be stored in a shed with secondary containment to prevent contamination with runoff. The Applicant will comply with the International Dark Sky Association standards for lighting Zone 0 and Lighting Zone 1, and lighting used for mixed-light cultivation and nursery activities will be shielded and lights used will comply with CCCLUO requirements. A Site Management Plan (SMP) for existing site conditions has been developed and the applicant has enrolled with the State Water Resources Control Board (SWRCB) for coverage under the General Order.
Biological Resources: The project site exhibits upland characteristics as shown by the 2017 National Wetland Inventory (NWI) mapping. A review of the Eel River Area Plan Resources map and County GIS shows that an adjacent parcel to the west of the project parcel contains seasonally flooded palustrine wetland. This is approximately 800 feet away from the project activities. There are no sensitive or critical habitats on the project parcel. According to the California Natural Diversity Database (CNDDB) Resource Map, the Siskiyou checkerbloom was last viewed in 1949. Additionally, the Point Reyes salty bird's-beak was located in 1912. Habitat for Northern Spotted Owl does not exist within 3 miles of the site, and no generators (except as an emergency back-up) are proposed.
Water and Irrigation: Water is sourced from a permitted on-site well and supplemented during peak demands with the recapture of water via the dehumidifiers in the greenhouses. A total of 32 dehumidifiers are installed throughout the greenhouse areas, with a conservative estimate generating approximately 180 gallons per day. The total projected water use is 266,300 gallons annually (Table 1), with hand-watering as the primary method and drip irrigation used where needed. The project will store up to 20,000 gallons of water in storage tanks.
|
Table 1 - Irrigation Monthly Water Use Estimates (gallons) APN 308-131-012 |
|
January |
February |
March |
April |
May |
June |
|
7,500 |
7,500 |
10,000 |
15,000 |
30,000 |
36,000 |
|
July |
August |
September |
October |
November |
December |
|
38,400 |
36,000 |
36,000 |
25,000 |
15,000 |
7,500 |
|
Total 266,300 gallons per annum |
As the parcel is under 40 acres in size and the well is within 400 feet of a property line, a groundwater drawdown test was completed. A drawdown test was completed on January 20, 2020, by Watson Well Service using an adjacent well located approximately 3,327 feet southwest from the subject well. The well was pumped continuously at 33 gallons per minute for 8 hours. The subject well stabilized after ten minutes of pumping and held static for the remainder of the test, and the monitoring well showed no change in static water level throughout the test.
On October 25 and 29, 2024, Fisch Drilling and Pump conducted two separate water production tests with drawdown and recovery. The nearest neighboring well was monitored, as part of the October 29th well test, with a Heron Instruments Inc. Groundwater Data Logger during the well test and for an additional 70 hours after cessation of pumping. During the October 25th test, the well was pumped at an average of 28.0 gallons per minute (gpm) for 11.7 hours with a total drawdown of 9.1 ft. The well recovered quickly, 11 minutes after the cessation of pumping. During the October 29th test, the well was pumped at an average of 30.5 gpm for 11.7 hours with a total drawdown of 7.1 ft. The well recovered quickly, 4 minutes after the cessation of pumping. It was concluded that using the proposed water source for the proposed irrigation activities would not have an impact on the surrounding wells. Complete testing reports are included as attachments.
Public Trust: The well has historically been used for agriculture on the property, including most recently commercial cannabis cultivation. There are no mapped watercourses within 4,000 feet of the well and all of the nearest waterway are tidally influenced, meaning that if the well were to be hydraulically connected to these waterways it would be unusable for irrigation purposes due to saltwater intrusion. There are no known public trust resources that would be negatively impacted by the use of this well for irrigation purposes.
Access: Access to the site is via Hwy 101 to Eel River Road for 1.3 miles, which is paved and striped and meets Category 4 standards, then onto Table Bluff Road for 1.88 miles to the project parcel (APN 308-131-012). Adequate parking is provided onsite adjacent to the existing residence and southeast of the glass greenhouse. The automatic gate is locked with a key-code entry access. All interior structures have lockable doors and windows, and all finished cannabis is stored in a separate locked facility. The main entrance, as well as along the property lines, are posted with “No Trespassing” signs. The project proposes a designated fire turn-around and pull-out area for emergency vehicles and one (1) 2,500-gallon water tank dedicated to SRA emergency response.
Noise: The applicant measured the ambient noise produced for the existing use at each property line with all cultivation fans running. The existing ambient noise levels range from approximately 37.3 dB to 43.0 dB, with an average of 39.4dB. Maximum noise levels ranged from approximately 59.3 dB to 74.4 dB. It is anticipated that these measured ambient noise levels represent a typical day of commercial cannabis cultivation activities associated with the proposed project. Noise from the proposed cultivation activities is not anticipated to result in any increase in sound level
above existing ambient noise levels. Furthermore, the noise levels at both Monitoring Locations are anticipated to average less than 50 dB.
Geologic Suitability: Geologic hazard maps show that the majority of the property to be relatively stable. The area of cannabis operations is located on an area of less than 15% slope with no mapped historic landslides and outside of areas of potential liquefaction. No known earthquake faults are mapped on or adjacent to the site. No new exterior construction is proposed, therefore no soils report is required. The existing buildings are all permitted through the California Coastal Commission and the Humboldt County Building Division.
Timber Conversion: No timber conversion is associated with this project.
Security and Safety: The project is located behind a locked gate.
Tribal Consultation: The project was referred to Bear River Band of the Rohnerville Rancheria, Wiyot Tribe, and the Northwest Information Center. The Wiyot THPO requested that any ground disturbing activities have a cultural monitor on site as well as the standard inadvertent discovery protocol added as conditions of approval.
Cap on Permits: Under the Coastal Commercial Cannabis Land Use Ordinance, no more than 112 cannabis permit totaling 39 acres would be permitted within the Eel River Area Plan (ERAP). The proposed project is under 1 acre of total cultivation area (38,465 sq. ft). If permitted, this would be the second permitted cannabis project in the ERAP (and was previously the first permitted cannabis project in the ERAP) and less than a 1.5 acres of cannabis cultivation would be permitted.
Environmental Review: The project involves a continuation of cannabis cultivation, originally part of a CUP to change of use from one type of agricultural use to another, namely a former flower farm to cannabis cultivation. The production methods, required infrastructure, number of employees and hours of operation will remain similar in nature and no new development is proposed. The existing structures housing the operation were permitted by the California Coastal Commission and Humboldt County in 1980, and no exterior changes or additional ground disturbance is proposed. Installation of 20,000 gallons of water storage will not require development on grazing lands. The Humboldt County Zoning Administrator has considered the Environmental Impact Report previously adopted for the Commercial Cannabis Land Use Ordinance as well as the Addendum to the Environmental Impact Report that was prepared for this project pursuant to Section 15164 of the CEQA guidelines and the project complies with the requirements of the California Environmental Quality Act.
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)
RECOMMENDATIONS:
Based on a review of Planning Division reference sources and comments from all involved referral agencies, planning staff believes that the Applicant has submitted evidence in support of making all of the required findings for approving the Conditional Use Permit and Coastal Development Permit. Staff recommends that the Zoning Administrator find the project complies with the requirements of the California Environmental Quality Act as the Zoning Administrator has considered the Environmental Impact Report previously adopted for the Commercial Cannabis Land Use Ordinance as well as the Addendum to the Environmental Impact Report that was prepared for this project pursuant to Section 15164 of the CEQA guidelines.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Zoning Administrator could elect not to approve the project, or to require the applicant to submit further evidence, or modify the project. 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 Division staff has stated that the required findings in support of the proposal have been made. Consequently, Planning staff does not recommend further consideration of the alternatives.
The Zoning Administrator could also decide that the project may have environmental impacts that would require further environmental review pursuant to CEQA. Staff did not identify any potentially significant impacts. As Lead Agency, the Department has determined that the Project complies with the requirements of the California Environmental Quality Act. However, the Zoning Administrator may reach a different conclusion. In that case, the Zoning Administrator 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. Draft Resolution
A. Conditions of Approval
B. Cultivation Operations Plan
C. Site Plan
2. Location Map
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Road Evaluation
B. Ambient Noise Level Study
C. Well Analysis
5. Referral Agency Comments and Recommendations
Applicant
2121, LLC
Marcy Wilke
P.O. Box 120
Garberville, CA 95542
Owner
Loleta Cattle, LLC
P.O. Box 1020
Garberville, CA 95542
Agent
NorthPoint Consulting Group, Inc
Praj White & Peter Hill
1117 Samoa Blvd.
Arcata, CA 95521
Please contact Chris Lohoefener, Planner, at clohoefener@co.humboldt.ca.us or (707)267-9390 if you have questions about this item.