To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
PDCON Enterprises, LLC, Special Permit
Assessor Parcel Numbers (APN) 222-156-013
Record No.: PLN-2021-16964
Garberville area
A Special Permit for 28,500 square feet of new outdoor cannabis cultivation utilizing light deprivation techniques and 1,980 square feet of ancillary nursery space. Cultivation includes two harvests cycles annually. Irrigation water is provided by rainwater catchment from a proposed greenhouse and will be stored in fifty 5,000-gallon water tanks or one hundred 2500-gallon tanks (250,000 gallons total storage). The applicant estimates an annual water use of approximately 125,000 for cannabis operations, approximately 4.39 gallons per square foot per year. Processing will be completed off site at a licensed third-party processing facility. Power will be provided by a solar array. No employees are proposed for this project.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution, (Attachment 1) which does the following:
a. Finds that the Zoning Administrator has considered the Final Environmental Impact Report for the Commercial Cannabis Land Use Ordinance and the Addendum that was prepared for the PDCON Enterprises, LLC project; 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 (Attachment 1A).
Body
DISCUSSION:
Project Location:
This project is located in the Garberville area, on the northwest side of Connick Creek Road, approximately 1,400 feet northeast from the intersection of Connick Creek Road and Kadin Way, on the property known to be in the northwest quarter of the southeast quarter of Section 23 of Township 04 South, Range 03 East, Humboldt Base & Meridian.
Present General Plan Land Use Designation:
Residential Agriculture (RA40), Density: 40 acres per unit; Airport Safety Review (AP), Density: Must comply with most recent Airport Land Use Compatibility Plan (ALUCP); Garberville Redway Benbow Alderpoint Community Plan (GRBAP), 2017 General Plan, Slope Stability: Low Instability (1) and High Instability (3)
Present Zoning:
Agriculture Exclusive (AE)
Environmental Review:
An Addendum to a previously adopted Environmental Impact Report has been prepared for consideration per Section 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 28,500 square feet of new outdoor cannabis cultivation utilizing light deprivation techniques and 1,980 square feet of ancillary nursery space. Cultivation includes two harvests cycles annually. Irrigation water is provided by rainwater catchment from one proposed greenhouse and will be stored in fifty 5,000-gallon water tanks or one hundred 2500-gallon tanks (250,000 gallons total storage). The applicant estimates an annual water use of approximately 125,000 gallons for cannabis operations, approximately [4.39] gallons per square foot per year.
Per the Biological Resource Assessment an on-stream pond is present on the property; however, the applicant has not proposed to use the pond for cannabis irrigation. Processing will be completed off site at a licensed third-party processing facility. Power will be provided by a solar array. No employees are proposed for this project. There is an existing structure on the property that appears to have been constructed over the property line and within setbacks to property lines. The structure is noted on the Site Plan, which indicates the structure is not intended for cannabis use. The structure may not be used for any cannabis activities, including but not limited to drying, curing, trimming, nursery space, cultivation, generator storage, or generation of solar power.
There is an existing structure on the property that appears to have been constructed over the property line. The structure is noted on the Site Plan which indicates the structure is not intended for cannabis use. The structure may not be used for cannabis activities, including but not limited to drying, curing, trimming, nursery activities, generator storage or solar power [Condition].
Water Resources:
Irrigation water is provided by rainwater catchment from one proposed greenhouse and will be stored in fifty 5,000-gallon water tanks or one hundred 2500-gallon tanks (250,000 gallons total storage). The applicant estimates an annual water use of approximately 125,000 gallons for cannabis operations, approximately [4.39] gallons per square foot per year. The area of the greenhouse proposed for rainwater collection is approximately 6,000 square feet. PRISM data indicates the average annual rainfall from 1991 to 2023 is approximately 58.4 inches. Based on this rainfall and the 6,000 square foot collection area, the project can collect approximately 218,000 gallons of rainwater in an average precipitation year. PRISM data indicates the average annual rainfall for the three lowest precipitation years from 1991 to 2023 is approximately 27.9 inches. Based on this information the project can collect approximately 104,000 gallons of rainwater in a low precipitation year. No evaporation is expected as the irrigation storage is comprised entirely of enclosed hard plastic tanks. Per the Biological Resource Assessment an on-stream pond is present on the property; however, the applicant has not proposed to use the pond for cannabis irrigation.
Biological Resources: The applicant has submitted a Biological Resource Assessment, Invasive Species Report, and a Botanical Survey Report. The results of the Biological Resource Assessment, prepared by Hohman and Associates Forestry Consultants, include mitigation measures to reduce potential impacts to sensitive species and wildlife to less than significant levels, and indicate the project is not expected to impact any sensitive or rare species in their habitat. Recommended Conditions of Approval include adherence to biologist recommendations.
The submitted Botanical Survey Report prepared by Hohman and Associates Forestry Consultants concludes the project contains no rare, threatened, or endangered species or sensitive natural communities within the project footprint or the surrounding area. The survey was conducted at a seasonally appropriate time, and the report indicates all potential rare plant habitats were surveyed, and false negative results are unlikely.
Comments from CDFW requested that the applicant obtain an LSAA before operation, that they increase water storage to 250,000 gallons, prohibit synthetic netting, refer any future grading permits to CDFW and remove waste materials noted as existing with the Streamside Management Area (SMA). These are all included as recommended conditions of approval. CDFW also noted that the location of the proposed water storage tanks appears to be in an SMA. A condition is also included that prior to placing any tanks the applicant either obtain a letter from a qualified biologist demonstrating that the location is outside of any applicable SMA area or relocate the proposed tanks to the area east of the access road leading to the pond on site, which is sufficiently outside of the potential riparian habitat areas.
Energy: Power will be provided by an existing solar array, exclusively to power the water pumps. Minimal power needs are anticipated. All drying and processing will occur offsite at a licensed third-party processing facility, and no lights are proposed for use in the cultivation areas.
Access: The project is accessed via a private driveway intersecting Connick Creek Road, a privately maintained road. The applicant has submitted a Road Evaluation Report Form prepared by the agent of record for the project, self-certifying Connick Creek Road is Category 4 equivalent.
Public Works Land Use Division referral responses indicate as the project is within the County Code Section 333 GIS layer and the project is proposing to construct structures, the project should be presented to the Planning Commission or Zoning Administrator and the County Aviation Department. The project has been referred to the County Aviation Department and is being presented to the Planning Commission for review. No referral responses were received from the County Aviation Department. The location of the cultivation area is approximately 2600 feet from the end of a civil airport runway and is located within Safey Zone 4. This would allow for a maximum structure height of 76.48 feet per Title 14 Code of Federal Regulations Part 77 (Airspace Protection Surfaces). The greenhouses proposed for this project fall far below that height and will not affect air traffic. Furthermore, the location is of similar elevation of the project location and adjacent cannabis projects conducting similar activities in the same Airport Compatibility Zone, as well as the lack of response from the County Aviation Department expressing any concern regarding the proposed project, no impacts to protected airspace are anticipated.
Geologic Suitability: The subject parcel is mapped in the County GIS as both low and high instability. All proposed project activities and infrastructure are proposed in areas mapped as low instability. The parcel is mapped with 0% to 15% slope in the proposed project area. Historic landslides are mapped in the northwest area of the parcel, however no mapped historic landslides are mapped on areas proposed for cannabis use.
Tribal Consultation: The project is located in Bear River and Sinkyone ancestral territory, and referral requests were sent to the Northwest Information Center, Bear River Band of the Rohnerville Rancheria, and Intertribal Sinkyone Wilderness Council. Referral comments indicated a Cultural Resources Investigation was warranted. The applicant submitted a Cultural Resources Investigation prepared by Archaeological Resource and Supply Company. The survey covered the proposed project area, as well as a 600-foot buffer around the project area. No historic or prehistoric resources were identified as a result of the investigation.
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 Planning Watershed, which under Resolution 18-43 is limited to 730 permits and 251 acres of cultivation. With the approval of this project the total approved permits for cultivation in this Planning Watershed would be 307 permits and the total approved acres would be 94 acres of cultivation.
Environmental Review: Environmental review for this project has been conducted and based on this analysis, staff concludes that all aspects of the project have been considered in a previously adopted Final Environmental Impact Report (EIR) that was adopted for the CCLUO. Staff has prepared an Addendum (Attachment 3) to the EIR for consideration by the Zoning Administrator.
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 other conditions of approval. The Zoning Administrator could deny the project 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. Cultivation Operations Plan
C. Addendum to Cultivation Operations Plan
D. Site Plan
2. Location Maps
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Notification of Lake or Streambed Alteration
B. State Water Resources Control Board Notice of Receipt
C. Road Evaluation
D. Biological Resource Assessment
E. Botanical Survey
F. Noise Assessment
G. Invasive Species Control and Management Plan
5. Referral Agency Comments and Recommendations
A. Building Inspection Division Referral Response
B. DEH Referral Response
C. Public Works Referral Response
D. CDFW Referral Response
Applicant:
PDCON Enterprises, LLC
Peter Connolly
PO Box 382
Garberville CA 95542
Owner:
Peter P Connolly and Deborah L Connolly
PO Box 382
Garberville CA 95542
Agent:
Clearwater Ag Services
Diana Totten
PO Box 1631
Redway CA 95560
Please contact Michael Kein, Associate Planner, at MKein2@co.humboldt.ca.us or 707-268-3739 if you have questions about this item.