To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
TNT Grown Modification
Assessor Parcel Numbers (APN) 032-171-027
Record No.: PLN-2025-19276
Garberville area
A modification to cannabis permit PLN-2019-15992 (which previously modified PLN-11489-ZCC) to change from outdoor cultivation to mixed light cultivation. Energy is provided by Pacific Gas and Electric from a 100% renewable source. A diesel generator will be utilized in case of emergencies. Water is provided by the Garberville Sanitary District (GSD) and is estimated to increase by approximately 37,000 gallons annually.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution, (Attachment 1) which does the following:
a. Finds the Planning Commission has considered the Addendum to the Environmental Impact Report for the Commercial Cannabis Land Use Ordinance that was prepared for the TNT Grown Modification project; and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Modification to the Special Permit as recommended by staff, subject to the conditions of approval (Attachment 1A).
Body
DISCUSSION:
Project Location: The project is located in the Garberville area, on the east side of Sprowel Creek Road, approximately 300 feet north of the intersection of Sprowel Creek Road and Leino Road, on the property known to be in Section 24 of Township 04 South, Range 03 East, Humboldt Base & Meridian.
Present General Plan Land Use Designation: Public Facility (PF), Residential Agriculture: 5 to 20 acres (RA5- 20), Airport Safety Review (AP), Garberville Redway Benbow Alderpoint Community Plan (GRBAP), 2017 General Plan, Density: Range is 5 to 20 acres per unit, Slope Stability: Low Instability (1) & Moderate Instability (2).
Present Zoning: Agricultural Grazing (AG), Minimum building site area is 5 acres (B-5(5)).
Environmental Review: The County Planning Division, the lead agency, prepared an Addendum to the Environmental Impact Report for the Commercial Cannabis Land Use Ordinance. The proposed project does not present substantial changes that would require major revisions to the previous mitigated negative declaration. No new information of substantial importance that was not known and could not be known at the time was presented as described by § 15162(c) of CEQA Guidelines
State Appeal: The proposed cultivation area is located outside the Coastal Zone and is therefore NOT appealable to the California Coastal Commission.
Major Concerns: None.
Monitoring Required:
Annual Compliance Monitoring
Executive Summary: The proposed Modification would allow a 10,000-square-foot outdoor cannabis cultivation operation to be converted to a mixed-light operation on a 5.78-acre parcel (assessed lot size), in compliance with the County Commercial Cannabis Land Use Ordinance (CCLUO). If approved, the operation would be housed in seven (7) existing greenhouses ranging from 1,065 square feet to 2,184 square feet.
Propagation will be completed within two greenhouses totaling 460 square feet. Currently, there are four structures developed for both storage and the drying of cannabis. Water for irrigation will be provided by the Garberville Sanitary District and is stored in two mixing tanks and one 5,000-gallon storage tank. Another 2,500-gallon storage tank will be used for fire suppression. The Applicant anticipates three cultivation cycles per year and an annual water usage of 74,690 gallons. The parcel is accessed from Sprowel Creek Road. Sprowel Creek Road is constructed to Category 4 Road standards and is approved for use of commercial cannabis operations by the Department of Public Works.
Water Resources: The subject parcel’s water is serviced by the Garberville Sanitary District. This modification is estimated to utilize an additional 35,790 gallons of water per year. The estimated increase in water use is due is due to an increase in cultivation as the mixed light operation will produce one extra cultivation cycle per year, per the operator.
The operation also provides yearly monitoring reports for general wastewater discharge to the North Coast Regional Water Quality Control Board. The property has maintained portable restrooms and handwashing stations. The estimated increase in water due is due to the produced increase in cultivation as a mixed light operation will be able to cultivate and harvest one extra cultivation cycle per year, per the operator.
Biological Resources: The Western bumblebee is the only mapped species of special concern mapped on the subject parcel by the California Natural Diversity Database (CNDDB). The project is within 3.39 miles of a known Northern Spotted Owl Activity Center, and an NSO sighting was mapped 1.78 miles away in 1920. There is also a Marbled murrelet habitat mapped approximately 2.39 miles north of the project site. The subject project is not located in an area that requires special noise attenuation measures. Power is supplied by PG&E. An on-site generator will be used in case of emergencies only. Further processing, such as trimming, will take place off-site at a permitted processing facility. The project is conditioned to comply with the International Dark Sky Association standards for Lighting Zone 0 and Lighting Zone 1, and that any project-related noise shall be contained to the extent feasible (e.g., containment of fans, dehumidifiers, etc.) to no higher than 70.6 dB as demonstrated by the Noise Assessment and Mitigation Plan.
No new ground disturbance will occur on this property under this modification.
The project was referred to the California Department of Fish and Wildlife (CDFW) on August 28, 2025. No response was received.
Energy: The proposed 10,000-square-foot commercial mixed-use cannabis cultivation project would be powered by 100% renewable energy sources. The operator will also utilize a 45kW generator in the event of emergency conditions. The Applicant will be conditioned to adhere to shielding and International Dark Sky Association standards as outlined in the CCLUO.
Access: The subject parcel is accessed via Sprowel Creek Road from U.S. Highway 101. The subject project is approximately 560 feet south of the intersection of Sprowel Creek Road, Alsford Lane, and Riverview Lane, and approximately 618 feet north of the intersection of Sprowel Creek Road and Leino Road. Sprowel Creek Road is constructed to a Category 4 Road standard. The Department of Public Works approved the use of Sprowel Creek Road at this location for use by commercial cannabis operations under PLN-11489-ZCC. The Department of Public Works recommended conditional approval of the proposed project. The Applicant has met these conditions.
Geologic Suitability: The project is situated approximately 541 feet east of the Garberville-Briceland fault line and is not susceptible to liquefaction. The project area is classified as moderate instability. According to the Humboldt County WebGIS, slopes on the parcel are variable, ranging from less than 15 to 30%. Historic landslides are within the southern portion of the project site, where cannabis is not located. Staff conducted a site visit for the subject on December 11, 2019. Upon a site visit, staff were able to analyze that the slopes where cultivation will be located are on slopes less than 15%. Conditions of approval require the Applicant to obtain building and grading permits from the Humboldt County Building Division for construction of the proposed 2,500-square-foot greenhouse. Staff does not believe the project will pose a threat to public safety related to exposure to natural or manufactured hazards.
Tribal Consultation: The original approved projects, PLN-11489 and PLN-15992 were referred to the Northwest Information Center (NWIC) and the Bear River Band of Rohnerville Rancheria. The NWIC requested a cultural resources study, while the Bear River Band of Rohnerville Rancheria recommended conditional approval of the project, incorporating the inadvertent discovery protocol. A condition of approval had been incorporated regarding the inadvertent discovery protocol to protect cultural resources. No new ground disturbance will occur as a result of the modification.
OTHER AGENCY INVOLVEMENT:
The project was referred to the responsible agencies, and all responding agencies have either responded with no comment or recommended approval.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Zoning Administrator could elect not to approve the project, require the Applicant to submit further evidence, or modify the project. Modifications may cause potentially significant impacts, and additional CEQA analysis and findings may be required. These alternatives could be implemented if the Zoning Administrator is unable to make all of the required findings. Planning Division staff have stated that the necessary findings in support of the proposal have been made. Consequently, the Planning staff does not recommend further consideration of the alternatives.
ATTACHMENTS:
1. Draft Resolution
A. Conditions of Approval
B. Site Plan and Electrical Plan
2. Location Maps
3. CEQA Addendum
Applicant: Elliott David Morris, 1041 Sprowl Creek Road, Garberville, CA 95542
Owner: Same as Applicant
Agent: David Nicoletti, 2731 K Street Unit A, Eureka, CA 95501
Please contact Michael Kein, Associate Planner, at MKein2@co.humboldt.ca.us or 707-268-3739 if you have questions about this item.