File #: 24-1546    Version: 1 Name:
Type: Resolution Status: Continued
File created: 10/31/2024 In control: Planning Commission
On agenda: 11/7/2024 Final action: 11/7/2024
Title: The Hills, LLC and Shadow Light Ranch, LLC; Conditional Use Permits and Special Permits Record Numbers: PLN-11638-CUP, PLN-11642-ZCC, PLN-11643-CUP (filed 12/2/2016) Assessor Parcel Numbers (APN) 223-061-003, 223-061-038, 223-061-039, 223-061-043, 223-061-046, 223-073-004 and 223-073-005 Garberville area Two Conditional Use Permits and a Zoning Clearance Certificate for continued commercial cannabis cultivation and two Special Permits for commercial cannabis processing, including packaging, and a wholesale nursery. The project site consists of three legal parcels, one of which is proposed to be retired from cannabis operations. The total commercial cultivation proposed is 60,940 square feet of existing cannabis, of which 50,940 square feet is outdoor and 10,000 square feet is mixed light. The project includes relocation and consolidation of cultivation areas to environmentally superior locations with the remediation of the retired cultivation areas. New development activities asso...
Attachments: 1. 11638-11642-11643 Staff Report 11.07.24, 2. Attachment 1 - Draft Resolution, 3. Attachment 1A - Conditions of Approval, 4. Attachment 1B -MMRP, 5. Attachment 1C - Site Plan, 6. Attachment 2 - Vicinity Map, 7. Attachment 3 - Draft Initial Study & Mitigated Negative Declaration, 8. Attachment 3A - Appendix A - Vicinity Maps, 9. Attachment 3B - Appendix B - Site Plan, 10. Attachment 3C - 3G - Appendix C-G, 11. Attachment 3H - 3N - Appendix H-N, 12. Attachment 3O - Appendix O1-O4, 13. Attachment 3P - 3U - Appendix P-U, 14. Attachment 4 - Applicant's Evidence in Support of Required Findings, 15. Attachment 4A - Wetland photos, 16. Attachment 4B - County Approved Road list, 17. Attachment 5 - Referral Agency Comments and Recommendations, 18. Attachment 5A - ref_Public Works, 19. Attachment 5B - ref_Environmental Health, 20. Attachment 5C - ref_Cal Fish and Wildlife, 21. Attachment 5D - ref_CALFIRE, 22. Attachment 6 - Public Comment, 23. Attachment 7A - 11638 Watershed Map, 24. Attachment 7B - 11642 Watershed Map, 25. Attachment 7C - 11643 Watershed Map

To:                                                               Planning Commission

 

From:                                          Planning and Building Department                                          

 

Agenda Section:                     Public Hearing                                                               

 

SUBJECT:

title

The Hills, LLC and Shadow Light Ranch, LLC; Conditional Use Permits and Special Permits

Record Numbers: PLN-11638-CUP, PLN-11642-ZCC, PLN-11643-CUP (filed 12/2/2016)   

Assessor Parcel Numbers (APN) 223-061-003, 223-061-038, 223-061-039, 223-061-043, 223-061-046, 223-073-004 and 223-073-005

Garberville area

 

Two Conditional Use Permits and a Zoning Clearance Certificate for continued commercial cannabis cultivation and two Special Permits for commercial cannabis processing, including packaging, and a wholesale nursery. The project site consists of three legal parcels, one of which is proposed to be retired from cannabis operations. The total commercial cultivation proposed is 60,940 square feet of existing cannabis, of which 50,940 square feet is outdoor and 10,000 square feet is mixed light. The project includes relocation and consolidation of cultivation areas to environmentally superior locations with the remediation of the retired cultivation areas. New development activities associated with this project include greenhouses for existing and relocated cultivation areas, a proposed 10,080 square foot wholesale nursery, which will also support on-site operations, a warehouse processing facility with support office space that would total up to 13,472 square feet, and employee housing of up to approximately 5,184 square feet. Water for irrigation purposes is anticipated to be approximately 756,900 gallons annually and is from an existing permitted groundwater well to be supplemented by rainwater catchment. Water for domestic purposes is from an existing spring. On-site power is currently provided by generators and solar and PG&E power is proposed.

 

In addition to the cultivation operation, wholesale nursery, processing operations and employee housing, the proposed project also includes decommissioning and restoration of three existing on-site ponds. These actions are proposed to satisfy requirements associated with the December 2023 Stipulated Judgement from the Superior Court of California Case No. CV2001113. 

 

end

RECOMMENDATION(S):

Recommendation

That the Planning Commission:

 

1.                     Adopt the resolution (Resolution 24-__), (Attachment 1) which does the following:

 

a.                     Adopts the Mitigated Negative Declaration prepared for the project (SCH# 2024090687); and

 

b.                     Adopts the Mitigation Monitoring and Reporting Program (Attachment 1B) prepared for the project; and

 

c.                     Finds that the proposed project complies with the General Plan and Zoning Ordinance; and

 

d.                     Approves the Conditional Use Permits and Special Permits, subject to the recommended conditions of approval (Attachment 1A).

Body

 

DISCUSSION:

Project Location: The project site is located in the Garberville area, on the south side of Clark Road, approximately 1.0 south from the intersection of Clark Road and Shadow Light Ranch Road, on the property known as 960 Shadow Light Ranch Road.

 

Present General Plan Land Use Designation: Agricultural Grazing (AG), Slope Stability: Moderate to High Instability (2-3), Density: 160 acres per dwelling unit.

 

Present Zoning: Agriculture Exclusive (AE); Timberland Production (TPZ).

 

Environmental Review: A Draft Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project (SCH# 2024090687) pursuant to the California Environmental Quality Act (CEQA).  The review period for the Draft IS/MND ended on October 18, 2024.

 

State Appeal: The proposed project is NOT appealable to the California Coastal Commission.

 

Major concerns

 

Executive Summary: The Applicant is seeking Conditional Use Permits and Special Permits to recognize lawful pre-existing cannabis cultivation and authorize relocation and of cultivation activities, and to add a new wholesale nursery and processing facility on an approximately 560-acre property consisting of three legal parcels. Included in the proposal is support offices and employee housing. The project includes permit applications that were submitted on three separate, legally created parcels and would result in consolidation of project activities to two of the three separate legal parcels.

 

A total of 65,940 square feet of pre-existing cultivation was verified by the County Planning and Building Department however the applicant is seeking to permit only 60,940 square feet of cultivation, which consists of 50,940 square feet of outdoor cultivation - both in full sun and light-deprivation, and 10,000 square feet of mixed-light cultivation. A 10,080 square foot wholesale nursery is proposed that will also provide support for on-site cultivation. In addition a warehouse processing facility with support office space that would total up to 13,472 square feet, and employee housing of up to approximately 5,184 square feet. Table 1 below provides a breakdown of the various proposed project activities.

 

 

Description of Work and Location

Size (square feet [SF])

Cultivation

Wholesale Nursery Greenhouse (Zone 2)

10,080

32 Hoop Houses (Zone 1)

32,500

24 Hoop Houses (Rock Pit)

22,200

7 Hoop Houses (Roadside)

6,240

Warehouse Processing Facility

Building A-Warehouse

1,200

Building B-Warehouse with 850 SF Mother Room for Wholesale Nursery

5,050

Building C-Processing

6,082

Building C-Offices

1,140

Building D - Housing

5,184

Parking

27 spaces

 

The cultivation and support facilities are located over two separate legal parcels that are adjacent to each other. Application PLN-11638-CUP involves the first separate parcel, which consists of APN 223-061-043. A total of 22,200 square feet of outdoor cultivation will be on one legal parcel. This area is referred to within all of the application materials as the “rockpit” cultivation area. The second legal parcel will contain the remaining cultivation and all cultivation support facilities. The 5,000 square feet that was in existence on a third separate legal parcel, consisting of APN’s 223-061-003, 223-061-039, and 223-061-046 is being retired and relocated onto this second legal parcel and is proposed to be consolidated under this permit.  

 
Access
: The subject parcels are accessed via Shadow Light Ranch Road, approximately 1.0 miles from its intersection with Wallan Road and Clark Road. According to the Road Evaluation Report submitted by the applicant, the access roads are developed to the functional equivalent of a Category 4 road standard. Wallan Road is a County-maintained road until approximately 200 feet east of the intersection with Pigeon Road. Wallan Road is described by many of the people who live on the road as in a fairly poor condition due to a general lack of maintenance by the County, however this road is specifically identified as functionally equivalent to a Road Category 4 and therefore approved by the Public Works Department as an acceptable road for commercial cannabis projects (see Attachment 4B).  

 

A Road System Assessment was performed by Rinehart Engineering in October 2020 (see Appendix O of Attachment 3) to assess current road conditions (including surface, drainage features, and stability) within the subject parcels, as well as their capacity to support traffic related to cultivation activities. The roads can be generally characterized as minimum 15-foot-wide crowned and/or outsloped roads, armored with native or imported gravel, with 15% maximum slopes. Overall, the road network within the project site was found to be in good condition. Several recommendations are included in the Road System Assessment, which will be required to be implemented under the proposed project. 

 

There is secondary access to the project site via Buck Mountain Road and Flat Rock Road. Flat Rock Road is accessed from Buck Mountain Road (both of which are privately maintained), which intersects with Alderpoint Road. A Road Evaluation Report for the secondary access was prepared by Reinhart Engineering dated July 20, 2020. The report concluded that the secondary access road could support the volume of traffic generated by the project without additional improvements. This will be the access route for all heavy equipment and vehicles with large trailers.

 

In accordance with the County Department of Public Works (DPW) standards and referral comments dated July 13, 2017, the project applicant would be required to construct two (2) 24-foot-wide commercial driveways that meet County Urban Driveway No. 1 standards. The DPW also recommended approval of the project, including paving a minimum width of 20 feet and a length of 50 feet at the intersection of the County-maintained and privately-maintained portions of Wallan Road (Condition of Approval A4).

 

Water Source and Irrigation Plan: Water use at the pre-existing baseline of 65,940 square feet of cultivation was estimated by the applicant to be 969,750 gallons. More recent data recorded for a total of 57,300 square feet of cultivation, was 741,340 gallons. Water use for the total proposed 60,940 square feet of cultivation and 10,080 square feet of wholesale nursery is estimated by the applicant to be approximately 756,900 gallons per year once all of the proposed improvements, including drip-irrigation systems, are installed.

 

A total of 159,500 gallons of water storage in hard tanks is proposed, which will primarily be filled by rain catchment from the roof of existing and proposed greenhouses and structures. The applicant believes that with the use of the rain catchment infrastructure, annual well use would be approximately 467,214 gallons.

 

The future employee housing of up to 5,100 sf would potentially use up to 400,000 additional gallons of water for domestic purposes, which would come from the on-site spring and the well.

 

Groundwater Well and Potential Hydraulic Connectivity

The Well Completion Report dated October 31, 2019, identifies that the well was drilled through layers of topsoil, brown sandstone, blue sandstone and shale. The well is installed at an elevation of approximately 1520 feet above sea level. A blank is installed for the first 90 feet, then a screen is installed between 90 - 235 feet of depth, with a blank is installed for the final 5 feet of the well from 235 - 240 feet. According to the Well Completion report the well produces approximately 50 gallons per minute. According to the State Water Board stream classification finder, and the applicant’s submitted materials, there are two ephemeral watercourses located approximately 500 feet to the west and to the north of the well. Ephemeral watercourses by their nature do not have water in them during most of the year and therefore would not have any water resources that would likely be connected to the water bearing unit of the well. The well is approximately 1,860 feet northeast of the nearest mapped blue line stream, which is a tributary to Bear Canyon Creek, which feeds into the South Fork of the Eel River and the well is at least 2,000 feet from any other mapped perennial streams. The elevation of the nearest mapped perennial watercourse is approximately 1,000 feet above sea level, which is nearly 300 feet below the bottom of the screened interval of the well. Based on the distance and the elevation difference between the screened interval of the well and the nearest mapped perennial watercourse, it appears unlikely that the well would have any direct hydraulic connection to these watercourses.

 

There is a wetland that is located approximately 700 feet to the west, at an elevation of approximately 1320 feet above sea level, which is at the same approximate elevation of the screened interval of the well. There is a point of diversion for livestock and fire suppression purposes located at the western edge of this wetland, approximately 950 feet away from the well. According to the State Water Board Stream Classification mapping tool, this is an ephemeral watercourse.

 

The applicant provided an assessment of the well [Hydrologic Isolation of Existing Well from Surface Waters from Lindberg Geologic Consulting dated August 26, 2020 (Appendix L of Attachment 3) that states that the groundwater well is hydrologically disconnected from surface waters, including this point of diversion. As shown on the geologic map in Figure 1 below, the well is drilled in the Qls landslide formation. According to the hydrogeologic assessment of the well, groundwater associated with the well is likely from below the landslide and in the Wildcat sedimentary deposit (QTw on Figure 1 below). Per the hydrogeologic assessment, groundwater likely flows down towards the northeast from the well site and not towards the wetland where it could intercept this wetland and therefore the well is therefore unlikely to have any direct connection or contribution to the hydrology of this wetland or to watercourses in the vicinity. The hydrologic assessment also includes a comparison of water samples from the well and from this point of diversion just below the wetland which shows the water in the well to have a substantially different composition than that which was collected from the diversion just below the wetland. Additionally, Attachment 4A includes photos of this wetland that were taken on October 24, 2024, at the end of the dry season after the well had been used for the entirety of the annual irrigation needs. The wetland appears full of water.

 

CDFW has provided comments indicating that they disagree with the hydrogeologic assessment that the groundwater flows to the northeast. In their view, the aquifer below the well may be in the Central Belt Franciscan Formation (cb2 on the Figure 1) as opposed to the Wildcat sedimentary deposit (QTw) and that groundwater likely flows towards the wetland. CDFW believes that pumping of the well could intercept groundwater that could daylight at the wetland and/or the stream channel to the west of the wetland and has requested that the project be conditioned to develop a minimum of 350,000 gallons of rainwater catchment storage (Condition of Approval A12).

 

 

Figure 1 showing geologic map.

The well is located at the point of the red arrow.

 

 

Figure 2 showing the approximate Qls area above the wetland.

The light blue oval is the wetland and the red pin is the well.

 

Groundwater Recharge

A research study published by the USGS (Flint, 2013) indicates that approximately 34% of precipitation in Northern California percolates into groundwater recharge. According to the Prism Climate group, the lowest rainfall year on record for this area was 2013 when 22.76 inches of rain fell for the year. That translates to approximately 615,858 gallons of potential groundwater recharge per acre. Figure 2 shows an approximate area of the Qls formation that is located above and within topography that would likely be draining towards the wetland, meaning that if CDFW is correct that groundwater below this formation is likely following topography, there is an approximately 36 acre area within the Qls formation that may be contributing to the hydrology of the wetland, equaling as much as 22 million gallons of potential groundwater recharge that would have occurred in the worst drought year on record (2013). The use of less than 500,000 gallons of water for the well is therefore unlikely to be diverting any significant amount from the ability to recharge the wetland. 

 

Photos of the wetland taken during the end of the dry season, when the well has been used for the entirety of the irrigation needs, indicate that the wetland has not been noticeably impacted from pumping of the well. Given that the point of diversion in the stream channel to the west of the wetland has a different profile than that within the well (see water analysis reports attached to the Well analysis, Attachment 3L), and that the well has been utilized for the entirety of the irrigation needs and the wetland remains full of water, it seems unlikely that there is a direct or immediate connection between the two. However, the draft conditions do include the requirement to develop a minimum of 350,000 gallons of rainwater catchment as requested by CDFW staff (COA 12). Reducing the use of the well by nearly 40% will only help to decrease pressure on the groundwater resource and further preclude any potential adverse impacts to the wetland.

 

Additionally, for the approximately 560-acre ranch property, during 2013 there was potentially 344,880,480 gallons (615,858 gallons per acre) of aquifer recharge that occurred on the ranch property, and substantially more would occur in most years. Annual well water usage of up to 467,214 gallons represents approximately 0.13% of the annual recharge that occurred on the ranch property in 2013, which is the worst drought year on record. The average rainfall for this area is nearly double that which occurred in 2013 and therefore in normal or less severe drought years the water use would be an even more miniscule amount of the potential recharge available on the ranch property. Therefore, substantially more water is going into groundwater on the subject property than is coming out for cannabis irrigation.

 

Public Trust Resources:

The South Fork of the Eel River provides important public trust resources such as habitat for fisheries, including winter and summer run steelhead trout, and substantial recreational opportunities for swimming, paddling and boating. Due to the fact that the well to be used for cannabis irrigation is unlikely to have any direct connection to any perennial watercourses that drain into the Eel River and is therefore unlikely to have any effect on flowrates within those watercourses, the use of the well would have no impact on these important public trust resources associated with the South Fork Eel River.

 

Biological Resources/Water Quality:

 

A Biological Resource Assessment was completed by Natural Resource Management Corporation in 2020 and a Botanical Survey was completed by Kyle Wear in 2020 and 2021. No listed wildlife species or species of special concern were detected during the survey. In addition, no sensitive species plant species were detected within or adjacent to the cultivation areas during the various survey, and no wetland indicator vegetation was identified in the proposed cultivation areas.  Some stands of native grassland, primarily California oatgrass (Danthonia californica) and purple needle-grass (Stipa Nassella pulchra) were found to occur within a portion of the proposed “rockpit” cultivation relocation area. In addition, approximately 22,000 square feet of oak woodland was removed within the “rockpit” area sometime after 2016 in preparation for cultivation relocation. The Botanical Report estimates that approximately 4,844 square feet of grassland that includes approximately 25% cover of California oatgrass and approximately 10% cover of purple needle grass will be impacted by the development of the proposed Rockpit cultivation area. Mitigation measures are incorporated within the Mitigated Negative Declaration to address and mitigate for the loss of the grassland and the removal of oak woodland.

 

Power

On-site power is currently provided by generators. Power is proposed to be provided by Pacific Gas and Electric Company (PG&E) using its renewable energy rate to power Zone 1, Zone 2, Roadside, and the processing facility campus. The Rockpit will be served by solar to power direct-drive fans with small battery backup to power security system (camera, motion sensors, etc.). The proposed cultivation operation will utilize generators to power string lights in the mixed light greenhouse structures, nursery operations and structures until PG&E power is available. The PG&E application has been submitted and engineered plans have been submitted to the Humboldt County Building Department. The well pump, Building A, and the residence as well as greenhouse string lights and fans in Zone 1 are currently powered by the generators. Interim generator usage is proposed for Building B and Building C during drying operations. The applicant will install solar panels for day-to-day use but will be utilizing generators during peak power demand during the drying season. A solar array will be developed for the proposed Rock Pit area. PG&E power will be trenched to Zone 2 and Roadside to power fans and eventually automated greenhouse light deprivation systems. It is anticipated that generators will only be utilized for back-up purposes if PG&E power is down once grid service is installed. Mitigation Measures are included in the Mitigated Negative Declaration to require development of on-site renewable energy to serve the entirety of the project if PG&E is unable to connected to serve the project site.

 

Cultural Resources and Tribal Consultation:

 

A Cultural Resource Investigation (Cultural Report) was prepared for the proposed project in May 2020 by William Rich and Associates. The report identified one archaeological site, WRA #1 (Sweet Hills), which likely qualifies as a unique or important archaeological resource pursuant to CEQA, and thereby qualifies as a Tribal Cultural Resource pursuant to the CMMLUO. This site is not within the areas of existing or proposed relocation of cultivation, nor is it within 600 feet of any of the existing or proposed cultivation areas, however it is within an on-site access road that traverses the cultivation areas. A Mitigation Measure is included in the MND that requires decommissioning of the road such that no vehicles or equipment can traverse the site.

 

The project is located within the boundaries of ancestral territory linked to the Bear River Band of the Rohnerville Rancheria (BRB) and Intertribal Sinkyone Wilderness Council (ISWC).  Pursuant to the requirements of AB52, Humboldt County provided an offer of tribal consultation to these tribes. No official consultation was requested, however the Bear River Band stated that they agreed with the conclusion of the report, which was that avoidance of the archaeological site would be sufficient to protect the resource.

 

Pond Decommissioning and Restoration

In order to satisfy requirements associated with a December 2023 Stipulated Judgement from the Superior Court of California associated with the project site [Case No. CV2001113.] the project also includes decommissioning of three existing on-site ponds (Ponds #1-3) and associated restoration. Specific details are provided below.

 

Ponds #1-2

Pond #1 (larger upper pond) and Pond #2 (smaller lower pond) are adjacent to each other, with the lower pond located just below the toe of the embankment of the upper pond. The spillway associated with the upper pond (a 24-inch corrugated metal culvert) drains into the lower pond, where the lower pond then drains into an adjacent Class II watercourse. Pond #1 appears to have been constructed in 2017 without the benefit of State and local review. It is unclear when Pond #2 was constructed, although apparently it was constructed by neighboring property owners possibly sometime around 2006. 

 

A Notice of Violation (NOV) was issued on June 18, 2018, for dredge and/or placement of earthen materials into streams and/or wetlands at Pond #1 without the required pre-authorization via a Water Quality Certificate. Additionally, a Draft Cleanup and Abatement Order No. R1-2020-0023 (CAO) was also issued. The applicant also proposes the removal of Pond #2. 

 

In accordance with the Pond 1 and Pond 2 Restoration Plan included in Appendix F of Attachment 3, proposed restoration activities for Pond #1-2 include grading of approximately 9,088 cubic yards and utilization of on-site materials to restore pre-pond topographic conditions, in addition to installation of more than 37,000 native plantings and 155 pounds of native seed mix after grading is complete to restore wetland, oak woodland, and grassland habitat that was previously disturbed. Annual monitoring and maintenance for a three-year period will also be required to ensure grading and replanting activities are successful, in accordance with the recommendations included in the Ponds #1-2 Restoration Plan.

 

An evaluation of wetlands near the Upper Pond was conducted by WRA Environmental Consultants, dated April 11, 2019 (Appendix U of Attachment 3) identified 6,828 square feet of seasonal seep wetlands that were impacted from construction of the Upper Pond.   Additionally, the Restoration Plan prepared by Native Ecosystems Incorporated identifies approximately 0.54 of oak woodland habitat that was removed for creation of the two pond areas identified as ponds 1 and 2. Mitigation measures are included in the Mitigated Negative Declaration to require full removal and restoration of the pond areas, as well as recreation of wetland and oak woodland areas that were removed for construction of the ponds.

 

Pond #3

As indicated on the notes contained within the Pond Decommissioning Plan for Pond #3, prepared by Omsberg and Preston, dated December 6, 2023 (Appendix I of Attachment 3), Pond #3’s berm is proposed to be removed, with the excavated material to be placed as fill in the lowest portion of the pond to prevent the retention of rainwater. It is estimated that approximately 65 cubic yards of material would be relocated under the proposed pond decommissioning. Restored cut and fill slopes would be graded at 3:1 maximum unless otherwise noted on the plans. To minimize potential impacts associated with the pond decommissioning, appropriate grading and erosion control measures would be implemented, including but not limited to installing straw wattles.

 

Water Board and CDFW Requirements

June 27, 2018. The Notice of Violation identified several areas of non-compliance with NCRWQCB’s Cannabis Waste Discharge Regulatory Program that include work performed without permits, standard conditions out of compliance, enrollment document discrepancies, deficiencies, and requested revisions to the WRPP. The applicant continues to coordinate with the NCRWQCB and SWRCB to resolve the outstanding violations.

 

The SMP identifies approximately 80 locations on the subject parcel that require remedial actions for compliance with the State Board Policy. 

 

The project also includes 31 existing and proposed encroachments/remediation actions, as conditioned by the pending LSAA with CDFW (see Appendix E of Attachment 3). Four encroachments are for water diversion from unnamed tributaries to Bear Canyon Creek and the South Fork Eel River. Water is diverted for domestic use and, historically, for cannabis irrigation. Work for the water diversion would include use modifications of existing infrastructure, stream restoration, use, and maintenance of the water diversion infrastructure. Twenty-two existing and proposed encroachments would permit 14 existing culverts placed without permits, upgrade 2 existing culverts, and install infrastructure at 6 road/stream crossings where no conveyance structure is in place. Three  encroachments would improve spillways for two ponds. One encroachment would realign a stream with its historic channel. Work for these encroachments would include excavation, removal of the falling culverts, replacement with new properly sized culverts, backfilling and compaction of fill, and rock armorings necessary to minimize erosion. All CDFW LSAA encroachments/remediation actions are listed in the Mitigated Negative Declaration.

 

Neighborhood Meeting

This project was originally scheduled for a hearing in late 2020 and was continued in order to address various issues, including the potential resolution to the on-site unpermitted ponds. In response to that notice of public hearing a substantial number of concerns were raised by members of the public. In September of 2024 the Department sent a Notice of Intent to Adopt a Mitigated Negative Declaration to owners and occupants within the same area and received a substantial number of concerns and comments. As a result, a neighborhood meeting was held on October 24, 2024, in downtown Garberville to discuss the project, The meeting was fairly well attended, and concerns were primarily limited to traffic on Wallan Road, and potential adverse impacts to the Bear Canyon Creek watershed as a result of the cannabis activities. By the end of the meeting most concerns appeared to have been addressed, primarily through the applicants commitment to have larger vehicles use the alternate access and not Wallan Road, and a commitment to develop rainwater catchment. Both of these commitments are memorialized as draft conditions of approval.

 

Consistency with Board of Supervisors Resolution No. 18-43 (Permit/Acreage Cap):

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 cultivation permits and acres which may be approved in each of the County’s Planning Watersheds.  The project site is located 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 in this Planning Watershed would be 305 cultivation permits and the total approved acres would be 89-acres of cultivation.

 

CEQA: Staff prepared an environmental analysis which included the preparation of a Draft Initial Study and Mitigated Negative Declaration (IS/MND) pursuant to the CEQA Statute.  The Document includes twelve different mitigation measures specifically designed to address potential impacts to Forestry Resources, Biological Resources, Tribal Cultural Resources, Energy, and Noise.  The Draft IS/MND is included in Attachment 3. 

 

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.  Comments recently received from the California Department of Fish & Wildlife are included as part of Attachment 5.

 

ALTERNATIVES TO STAFF RECOMMENDATIONS:                     

1.                     The Planning Commission could elect to add, amend, or remove conditions of approval; OR

2.                     The Planning Commission could deny approval of the requested permits if you are unable to make all of the required findings.  

3.                     The Commission could decide the project may have environmental impacts that would require further environmental review pursuant to CEQA. 

 

Planning Division staff believes the required findings can be made based on the submitted evidence and subject to the recommended conditions of approval. Staff prepared a thorough environmental analysis which is documented in the Draft Initial Study and Mitigated Negative Declaration prepared for the project, and did not identify any potentially significant unmitigable impacts.  Consequently, planning staff does not recommend further consideration of these alternatives.

 

ATTACHMENTS:                     

1.                     Resolution

A.                     Conditions of Approval

B.                     Mitigation Monitoring & Reporting Program with Substitute Mitigation Measures

C.                     Site Plan

2.                     Vicinity Map

3.                     Draft Initial Study & Mitigated Negative Declaration

A.                     Vicinity Maps

B.                     Site Plan

C.                     Project Description

D.                     Operations Plan

E.                     Draft LSAA

F.                     Pond 1 and 2 Restoration plan

G.                     Soils Report for Pond Decommissioning

H.                     CDFW Notification for Emergency Work

I.                     Pond 3 Decommissioning Plan

J.                     Pond 3 Restoration Plan

K.                     Pond 3 Geologic Assessment

L.                     Hydrologic Assessment of Well

M.                     Well Completion Report

N.                     Water Management Plan

O.                     Road Assessments

P.                     Site management Plan

Q.                     Power Plan Supplemental

R.                     Biological Report

S.                     Botanical Surveys

T.                     Soils Report

U.                     WRA Pond Wetland Assessment

4.                     Applicant's Evidence in Support of Required Findings

A.                     Wetland photos

B.                     County Approved Road List

5.                     Referral Agency Comments and Recommendations

A.                     Department of Public Works

B.                     Environmental Health

C.                     California Department of Fish and Wildlife

D.                     Cal-Fire

6.                     Public Comments Received

7.                     Watershed Maps

 

APPLICANT AND OWNER INFORMATION:

 

Owner

Shadow Light Ranch LLC Co

773 Redwood Dr #E

Garberville, CA 95542

 

Applicant

The Hills LLC/ShadowLight Ranch LLC

773 Redwood Dr #E

Garberville, CA 95542

 

Agent

Elan Puno

5513 Eickhoff Road

Lakeport, CA 95453

 

Please contact Cliff Johnson, Planning Manager at (707)268-3721 or via email at cjohnson@co.humboldt.ca.us <mailto:cjohnson@co.humboldt.ca.us> if you have any questions about the scheduled public hearing item.