To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Ivan Jimenez
Assessor Parcel Number: 208-271-011-000
Record No.: PLN-12603-SP
Dinsmore area
Special Permit for 9,365 square feet of existing outdoor commercial cannabis cultivation. Irrigation water is sourced from an existing permitted on-site well. Total water usage will be 129,000 gallons a year. Existing water storage totals 10,000 gallons. The project is conditioned to add an additional 40,000 gallons of water storage. Drying will occur on site with further processing occurring offsite at a licensed facility. Power is provided by solar with generator backup. Project is conditioned to source power from renewables, reserving the generator for emergencies only.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
Adopt the resolution (Resolution 24-__). (Attachment 1) which does the following:
a. Finds that the Zoning Administrator has considered the Mitigated Negative Declaration previously adopted for the Commercial Medical Marijuana Land Use Ordinance and the Addendum to the Mitigated Negative Declaration that was prepared for the Ivan Jimenez project (Attachment 3); 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: The project is in Humboldt County, in the Dinsmore area, on the north and south side of Coyote Flat Road, approximately .4 miles west from the intersection of Bear Creek Road and Coyote Flat Road, on the property known to be in Section 32 of Township 02 North, Range 05 East, Humboldt Base & Meridian.
Present General Plan Land Use Designation: Residential Agriculture: 40 acres (RA40), 2017 General Plan, Density: 40 acres per unit, Slope Stability: High Instability (3).
Present Zoning: Forestry Recreation (FR), Minimum building site area is 40 acres (B-5(40))
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 9,365 square feet of existing outdoor commercial cannabis cultivation in conformance with Humboldt County Code Section 314.55.4 of Chapter 4 Division I of Title III, Commercial Medical Marijuana Land Use Ordinance (CMMLUO). The site consists of a 40-acre parcel composed of oak woodlands and open areas. The slope of the property varies from 5%-20% with elevations ranging from 3,600 to 3,700 ft. The parcel is one legal parcel as shown on the Record of Survey filed June 16, 1971, in the Recorder’s Office of Humboldt County, California, in Book 27 of Surveys, Pages 1 to 11. 10,450 square feet of pre-existing cultivation was verified on March 3, 2018, by County of Humboldt Contractor using Google Earth imagery, the applicant has opted to reduce the total project square footage to 9,365 to comply with the streamside management area ordinance.
The applicant proposes one cultivation cycle per year. Water for irrigation is sourced from an existing permitted on-site well. The total water usage is 129,000 gallons a year. Water is stored in four 2,500-gallon tanks totaling 10,000 gallons. The project is conditioned to add an additional 40,000 gallons of tanked water storage. Cannabis is cultivated in two cultivation areas located in the central area of the parcel. Cultivation Site 2 is made of four 100’x13’ ground beds and 1,605 square feet of plants in pots or individually dug holes. Cultivation site 1 is located between two class III Ephemeral Watercourses. Cultivation Site 1 is two 100’x8’ ground beds and two 60’x8’ ground beds. These beds have been reconfigured from the original cultivation area to comply with County Streamside Management Area regulations. Clones and seedlings are grown in the nursery and transplanted to the cannabis cultivation areas in late spring. Plants harvested in late fall will be bucked and dried on site in a shed and shipping container as shown on the site plan (Attachment 1C).
Dried cannabis will be sent to a licensed processing facility for trimming and packaging. Power is provided by solar with generator backup. One full-time site manager will be onsite, and the operation will utilize contract labor as needed. No more than four people will be onsite at any given time. Portable toilets and handwashing stations will be provided for the sanitary needs of the workers as described in the Operations Plan (Attachment 1B). Approval of this project is consistent with Humboldt County Board of Supervisors Resolution No. 18-43.
Water Resources: The estimated annual water budget for the project is 129,000 gallons, this equates to 13.8 gallons per square foot of cultivation area. Water for the project is provided by a permitted well, permit number 14/15-0431. The applicant provided a hydrological well connection report, produced by Freshwater Environmental Services, dated December 2023 (Attachment 4A). Based on the data presented in this report, it is unlikely that the site well is hydrologically connected to the other wells, streams, springs, wetlands, seeps and surface waters. The well completion report states the well produces 8 gallons per minute which is a moderately productive well. To further protect water quality in the Mad River Watershed the project must add and maintain a water meter on the well head (Condition A2) and will be required to increase the tanked cultivation water storage to 50,000 gallons (Condition A11).
Humboldt County’s WebGIS shows no mapped streams through the project parcel. The site plan, however, shows two unnamed class III ephemeral watercourses. The applicant submitted a Water Resource Protection Plan (WRRP), WDID# 1B161523CHUM, (Attachment 4B) that depicts appropriate setbacks from the streamside management areas for the surface waters and cultivation. The applicant has reconfigured cultivation Site 1 such that the required streamside management area setback requirements are exceeded. As a condition of approval, the applicant shall implement the best management practices or remedial actions listed in the site WRPP and shall submit a revised site plan showing the reconfigured cultivation areas and buffer distance to the ephemeral class III watercourse (Condition of Approval A8 and A4). The project was referred to the US Army Corps of Engineers which provided a standard response requesting wetland delineations. Staff review of mapping resources and project materials concluded that no wetlands were likely within 250 feet of the existing cultivation areas, so no delineations were required.
The California Department of Fish and Wildlife (CDFW) provided comments requesting that a minimum of 50,000 gallons of water storage be available on-site. There is currently 10,000 gallons of water storage on site and so this would require an increase of 40,000 gallons. According to the applicant the well has not had any issues with producing the irrigation needs of the project and the hydrological well connection report states the well should have no difficulty providing the total annual water budget. For these reasons, the Planning Department did not see the need for the additional water storage recommended by CDFW, however the Planning Commission in previous hearings has voted to require the additional storage recommended by CDFW, and so the project is conditioned accordingly, with the requirement to add the 40,000 gallons within 5 years of the effective date of project approval.
Also, in response to CDFW comments, prior to cultivating in 2024 the Permittee shall complete the work required under Lake and Streambed Alteration Agreement (1600-2018-0529-0000-R1) and shall submit a work completion report to CDFW (Condition A3).
Biological Resources: Per review of the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Database (CNDDB) in November 2021, there are no mapped sensitive species onsite. The nearest Northern Spotted Owl (NSO) sighting is located approximately .78 miles from the nearest cultivation area, while the nearest NSO activity center is located approximately 1.5 miles south-east from the nearest cultivation area on the other side of the Van Duzen River and Highway 36. Power to the site is provided by solar energy with a generator for emergencies. Because there is low potential for NSO habitat to exist on the subject parcel, however conditions of approval will require noise to be at below 50 decibels at 100 feet from the generator or at the edge of the nearest forest habitat, whichever is closer, as required by Section 314-55.4.11(o) Humboldt County Code. Additionally, conditions of approval require generator use to cease by or before December 31, 2025. Artificial lighting is only used early in the cultivation season to nurture plants in the nursery before planting them into ground beds. Therefore, the project is conditioned to adhere to International Dark Sky Association Standards for artificial lighting associated with propagation and security lighting. Additional conditions are also included for the protection of wildlife species, including requiring the applicant to refrain from using synthetic netting, ensure refuse is contained in wildlife proof storage, refrain from using anticoagulant rodenticides to further protect wildlife, and if fully contained. As proposed and conditioned, the project is consistent with CMMLUO performance standards and CDFW guidance and will not negatively impact NSO or other sensitive species. The project is conditioned to refrain from using synthetic netting, to ensure refuse is contained in wildlife-proof storage, and to refrain from using anticoagulant rodenticides to further protect wildlife.
Additional measures that would also protect biological resources are identified in the WRPP prepared for the project and include storage and disposal of fertilizers, soil amendments, pesticides, herbicides, and petroleum products. The project has a dedicated shed for fuel and nutrients near the cultivation area, as shown on the Plot Plan Map. Per the WRPP, fertilizers, pesticides, and herbicides are applied at agronomic rates specified on the product label and the applicant keeps a log of their fertilizers, pesticides and herbicides use for annual reporting to the NCRWQCB. No trash or debris will be allowed to enter a watercourse setback area. The location of compostable cultivation waste is stored in a location and manner where it cannot be transported to surface waters. As proposed and conditioned, the project is consistent with CMMLUO performance standards and CDFW guidance and will not negatively impact NSO or other sensitive species.
Energy: The power source for the project is four Goal Zero Yeti 1500X Portable Power Stations charged by a photovoltaic array. A Honda EB6500 Generator is kept on the property for emergency power supply. The applicant is required to develop an alternative energy plan to document that the renewable energy source is sufficient to provide power for the operation as a condition of approval.
Access: Access to the site is via Bear Creek Road and Coyote Flat Road, private roads off State Highway 36. A Road Evaluation Report was prepared for Bear Creek Road and Coyote Flat Road by Omsberg & Preston in August 2019 (Attachment 4C). The assessment concluded that Bear Creek Road can function as a Category 4 equivalent if certain improvements are made. The submitted road evaluation included sufficient photographic evidence to verify the needed roadway improvements as described, including roadway maintenance and line of sight. In response to comments received from Department of Public Works in February 2019, the project is conditioned to improve access road maintenance (Bear Creek Road and Coyote Flat Road) as described by the Road Evaluation Report, which include installation of approximately six (6) to ten (10) rolling dips. Due to the number of approved and pending cultivation permits in the area, conditions of approval require the applicant to join or form a Road Maintenance Association (RMA) to share costs for road maintenance and improvements to bring privately maintained roads into Category 4 or equivalent standards.
Geologic Suitability: The project does not propose any new construction or grading. Cultivation site 2 is less than 15% slope. Cultivation site 1 does have slopes approaching 20%, however the WRRPP did not identify erosion concerns of slope stability issues.
Timber Conversion: The site is sparsely treed oak woodland and prairie. Staff review of time-sequenced air photos did not indicate the removal of trees for the purpose of cannabis cultivation associated with the project. No new tree cutting is proposed as part of the project. CalFire referral replied with standard project conditions.
Security and Safety: The applicant has implemented security measures to safeguard the product and prevent nuisance from occurring on the property. Cultivation at the project occurs behind locked gates and the applicant has a security camera system and a guard dog.
Tribal Consultation: The project is the traditional territory of the Bear River Band of the Rohnerville Rancheria. A Cultural Resources Inventory Report was prepared in June 2020 by DZC Archeology & Cultural Resource Consulting, LLC (DZC). The survey found one (1) new recorded resource that was not disturbed by cultivation activities. Recommendations in the report include no new disturbance in the archeological site boundary and the implementation of the inadvertent discovery protocol. The report was referred to the Bear River Band of Rohnerville Rancheria for review. The Tribal Historic Preservation Officer (THPO) recommendations included capping the shared road and driveway inside the cultural site boundary (Coyote Flat Road) with culturally sterile material, if grading is conducted in the cultural site, a cultural monitor is to be on-site, and no new ground disturbance or infrastructure shall be placed within the restricted cultural site boundaries. No grading and new infrastructure are proposed for the project. All recommendations within the report and from the Bear River THPO are included in the conditions of approval (Condition A12) and the applicant is further conditioned to submit a Development Plan that demarcates the cultural site boundary. The Development Plan will be recorded and will specify that the noted area will be ineligible for development without further review by the Humboldt County Planning Department (Condition A13, A14).
Consistency with Humboldt County Board of Supervisors Resolution No. 18-43: Planning staff determined 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 Mad River Planning Watershed, which under Resolution 18-43 is limited to 334 permits and 115 acres of cultivation. With the approval of this project the total approved permits in this Planning Watershed would be 73 permits and the total approved acres would be 30.1 acres of cultivation.
Environmental Review: Environmental review for this project was conducted and based on that analysis, staff concludes that all aspects of the project have been considered in a previously adopted Mitigated Negative Declaration (MND) that was adopted for the CMMLUO. Staff has prepared an addendum (Attachment 3) to the MND for consideration by the Planning Commission.
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:
The Zoning Administrator could elect to add or delete the 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. 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. Well Connectivity Report
B. Water Resource Protection Plan
C. Road Evaluation
5. Referral Agency Comments and Recommendations
Applicant:
Ivan Jimenez
3107 Coyote Flat Rd.
Bridgeville, CA 95526
Owner:
Ivan Jimenez
3107 Coyote Flat Rd
Bridgeville, CA 95526
Agent:
James Stoller
3107 Coyote Flat Rd.
Bridgeville, CA 95526
Please contact Andrew Whitney, Planner, at awhitney2@co.humboldt.ca.us or 707-268-3735 if you have questions about this item.