To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Happy Ranger LLC Zoning Clearance Certificate and Special Permit
Assessor’s Parcel Numbers: 217-391-008
Record Numbers: PLN-11810-SP
Blocksburg area
A Zoning Clearance Certificate for 4,160 square feet of existing outdoor commercial cannabis cultivation with a 406 square foot ancillary nursery. The project includes a Special Permit for a diversion and restoration of streamside management areas to support onsite relocation of cultivation. Irrigation water is sourced from a point of diversion and rainwater catchment. Annual water usage is estimated at 40,000 gallons. There is 43,000 gallons of existing tank storage for irrigation and an additional 10,000 gallons of storage is proposed. Processing including trimming will occur onsite and power is sourced from PGE with a generator for emergencies only.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt resolutions (Resolution 24-__) (Attachments 1) which does the following:
a. Finds the Zoning Administrator has considered the Mitigated Negative Declaration previously adopted for the Commercial Medical Marijuana Land Use Ordinance and the Addendum that was prepared for the Happy Ranger LLC project (Attachment 3); and
b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and
c. Approves the Happy Ranger LLC Zoning Clearance Certificate and Special Permit subject to the recommended conditions of approval (Attachments 1A).
Body
DISCUSSION:
Project Location:
The project is in the Blocksburg area, on the west side of Alderpoint/Cemetery Road, approximately 3400 feet south from the intersection of Alderpoint Road and Homestead Road, on the property known to be in Section 17 of Township 02S, Range 05E, Humboldt Base & Meridian. Situs known as 29191 Alderpoint Road Blocksburg, CA 95514.
Present General Plan Land Use Designation:
Residential Agriculture (RA), Timberland (T), 2017 General Plan, Density: 40 acres per unit, Slope Stability: High Instability (3)
Present Zoning:
Agricultural Exclusive (AE), Forestry Recreation (FR), Special Building Site 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 Zoning Clearance Certificate for 4,160 square feet of existing outdoor commercial cannabis cultivation with a 406 square foot ancillary nursery. The project includes a Special Permit for a diversion and restoration of streamside management areas to support onsite relocation of cultivation. Irrigation water is sourced from a point of diversion and rainwater catchment. Annual water usage is estimated at 40,000 gallons. There is 43,000 gallons of existing tank storage for irrigation and an additional 10,000 gallons of storage is proposed. Processing including trimming will occur onsite and power is sourced from PGE with a generator for emergencies only.
Trimming and packaging will occur onsite in a permitted residential or residential accessory structure consistent with Department Policy Statement 21-02 (Condition of Approval B1). The point of diversion has an issued water right. Combined with the rainwater catchment analysis, there is more than sufficient water available for irrigation. Once installed, total water storage will exceed annual water needs. The project has an issued Lake and Streambed Alteration Agreement for the point of diversion and stream area restoration.
As proposed and conditioned, the project is consistent with CMMLUO performance standards and CDFW guidance and will not negatively affect the northern spotted owl or other sensitive species. The project includes onsite relocation and restoration.
The project parcel takes access from Sunset Ridge Road, which is privately maintained, which takes access from Alderpoint Road, which is county maintained. The 0.25-mile segment of Sunset Ridge Road function equivalent to category 4. Per recommendations of Public Works, the applicant must improve the intersection of Sunset Ridge and Alderpoint Road.
No new grading is proposed and no timber conversion is associated with the project. Tribal consultation resulted in the standard inadvertent discovery protocol.
Water Resources:
The estimated annual irrigation water usage of 40,000 gallons is sourced from a point of diversion and rainwater catchment. The estimated water usage translates to approximately 3.64 gallons per square foot. The point of diversion is associated with an issued water right, registration H503828 (Attachment 4C) which allows approximately 39,000 gallons. The project Operations Plan contains a rainwater catchment analysis concluding that adequate rainwater can be captured. Staff conducted additional analysis looking exclusively at the lowest rainfall year on record, 2013, which was 19.71 inches. Using the identified catchment area of 1,768 square feet, an additional 21,700 gallons of irrigation water can be collected. Combined with the point of diversion, sufficient water is available for cannabis cultivation. The project is conditioned to require water meters and water usage logbooks which must be kept and made available during annual inspection of the cannabis operation (Condition of Approval A2). The point of diversion also serves onsite domestic, residential uses. Irrigation infrastructure and meter placement must be designed to demonstrate no interconnectivity during the forbearance season. Per the Operations Plan, watering is conducted manually.
There is 43,000 gallons of existing tank storage for irrigation and an additional 10,000 gallons of storage is proposed. Once installed, total water storage will exceed annual water needs. A Lake and Streambed Alteration Agreement (LSAA) (1600-2019-0720-R1) (Attachment 4A) with California Department of Fish and Wildlife (CDFW) has been issued. The LSAA covers the point of diversion and restoration of stream areas. The LSAA does not cover an onstream pond or culverts covered under a prior expired LSAA. Project conditions include prohibition on the use of the onstream pond for cannabis irrigation (Condition of Approval B2) and requiring new LSAA or an amendment to the existing LSAA for the culverts. Project conditions also include providing the required work completion report to CDFW (Condition of Approval A12 and A13).
The project is further conditioned requiring the application to provide documentation demonstrating enrollment in the State Water Board General Order by providing a copy of the Notice of Applicability (Condition of Approval A6). The applicant has provided a Site Management Plan (Attachment 4D). The project referral to the Division of Environmental Health (DEH) resulted in a recommendation of approval (Attachment 5B).
Biological Resources:
A review of the California Natural Diversity Database did not indicate any known rare or endangered species in the project area. The nearest mapped Northern Spotted Owl activity center (HUM1006) is 1.65 miles to the south and another (HUM1095) is 1.83 miles to the north. The project utilizes a a flat next to the road and does not use artificial light except in an ancillary nursery. The project has been conditioned to ensure any project lighting associated with adheres to Dark Sky Association standards including security lighting (Condition of Approval C3). Permit conditions of approval also prohibit using synthetic netting (Condition of Approval C5), ensure refuse is contained in wildlife-proof storage (Condition of Approval C6), and prohibit use of anticoagulant rodenticides to further protect wildlife (Condition of Approval C8). As proposed and conditioned, the project is consistent with CMMLUO performance standards and CDFW guidance and will not negatively affect the northern spotted owl or other sensitive species. The project includes onsite relocation and restoration discussed further below.
Onsite Relocation and Restoration:
Cultivation was historically cultivated in multiple locations including streamside management areas and guerilla grows. All cultivation has been relocated and consolidated into a single greenhouse. Restoration of the retired cultivation areas and water diversion infrastructure from an unnamed spring-fed watercourse are included in a condition of this project. This includes, but is not limited to, providing a map of all former cultivation areas, removing remaining cultivation waste and infrastructure from all former cultivation areas, and revegetating with native plant species (Condition of Approval A14).
Energy:
Energy is provided by PGE. The onsite generator is for emergency use only (Condition of Approval B3). While in use, the generator may not emit more than 50dB of sound at 100 feet or forest edge, whichever is closer. (Condition of Approval C2).
Access:
The project parcel takes access from Sunset Ridge Road, which is privately maintained. Sunset Ridge takes access from Alderpoint Road, which is county maintained. A road evaluation for the 0.25-mile segment of Sunset Ridge Road that serves the parcel concluded that the road functions equivalent to category 4. The road evaluation (Attachment 4B) includes photographs depicting sight lines and road width. There will be no employees at peak operation other than the owner operator. The site plan depicts adequate parking area. A referral to Public Works resulted in a request for improvements to the intersection of Sunset Ridge and Alderpoint Road and to insure visibility consistent with the Humboldt County Sight Visibility Ordinance. The project is so conditioned (Condition of Approval A9).
Geologic Suitability:
The project parcel is mapped in the County GIS as parcel high instability. The existing cultivation is in areas 15% slope or less. No new grading is proposed to implement the project. After the fact grading permits are required for grading that was done previously without permits (Condition of Approval A6).
Timber Conversion:
Historic timberland conversion is not associated with this project. Review of aerial imagery dating back to 2005 indicates no forest canopy in the areas identified for cultivation.
Security and Safety:
Per the project Operations Plan, access to the site is behind a locked gate and the is a 24/7 presence on the site during the cultivation season. The Site Plan depicts a 2,500-gallon tank dedicated to fire suppression as well as adequate area for emergency vehicle turnaround. The property is located within the State Responsibility Area and the Alderpoint Volunteer Fire Company (AVFC) for fire service. The project is conditioned requiring the applicant to obtain a will serve letter from the AVFC or cause to be recorded an Acknowledgement of No Available Emergency Response and Fire Services (Condition of Approval A4).
Tribal Consultation:
The project was referred to the Northwest Information Center and the Bear River Band of the Rohnerville Rancheria. A cultural Resources Investigation dated May 2018 was prepared by Nick Angeloff. The investigation report concluded that no significant historical or Cultural resources were identified within the project area. The Bear River Tribal Historic Preservation Officer requested the standard inadvertent discovery protocol (Condition of Approval C1).
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 Lower Eel Watershed, which under Resolution 18-43 is limited to 336 permits and 116 acres of cultivation. With the approval of this project the total approved permits for cultivation in this Planning Watershed would be 78 permits and the total approved acres would be 35.26 acres of cultivation.
Environmental Review:
Environmental review for this project was conducted and based on this 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 Zoning Administrator.
OTHER AGENCY INVOLVEMENT:
The project was referred to responsible agencies and all responding agencies have either responded with no comments, comments, 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. Operations Plan
C. Site Plan
2. Location Map
3. CEQA Addendum
4. Applicant’s Evidence in Support of the Required Findings
A. Lake and Streambed Alteration Agreement
B. Road Evaluation
C. Right to Divert and Use Water
D. Site Management Plan
5. Referral Agency Comments and Recommendations
A. Building Inspection Division
B. Division of Environmental Health
C. Public Works
D. California Department of Fish and Wildlife
Applicant
Happy Ranger LLC
PO Box 187
Blocksburg CA 95514
Owner
Humboldt Beginnings 2020 LLC
705 N State St. #24
Ukiah, CA 95482
Agent
Margro Advisors
117 Wildwood Ave
Rio Dell CA 95562
Please contact Steven A. Santos, Senior Planner, at sasantos@co.humboldt.ca.us or (707)268-3749 for questions about this scheduled item.