To: Zoning Administrator
From: Planning and Building Department
Agenda Section: Consent
SUBJECT:
title
Barter Mountain Roots
Assessor Parcel Number (APN) 524-123-002-000
Record No.: PLN-11856-CUP
Willow Creek/Friday Ridge area
Denial of a Conditional Use Permit for 36,000 square feet of existing outdoor commercial cannabis cultivation.
end
RECOMMENDATION(S):
Recommendation
That the Zoning Administrator:
1. Adopt the resolution (Resolution 24-__). (Attachment 1) which does the following:
a. Finds that the Zoning Administrator has found the project exempt from environmental review pursuant to State CEQA Guidelines Section 15270; and
b. Finds that the applicant has not provided sufficient evidence necessary to make the required findings for approval; and
c. Deny the Barter Mountain Roots Conditional Use Permit (PLN-11865-CUP).
Body
DISCUSSION:
Project Location: The project is in Humboldt County, in the Willow Creek/Friday Ridge area, on the west side of Forest Route 06N06, approximately 2.6 miles south from the intersection of Friday Ridge Road and Forest Route 06N06, on the property known as 2524 Forest Route 06N06.
Present General Plan Land Use Designation: Timberland (T); 2017 General Plan; Density: 40-160 acres per unit; Slope Stability: Low Instability (2).
Present Zoning: Timber Production (TPZ)
Environmental Review: Exempt from environmental review pursuant to State CEQA Guidelines Section 15270.
State Appeal: Project is NOT appealable to the California Coastal Commission.
Major Concerns: Lack of evidence to support required findings for approval.
Executive Summary: Denial of a Conditional Use Permit for 36,000 square feet of existing outdoor commercial cannabis cultivation. The application was filed on December 14, 2016. The application is for a Conditional Use Permit for 36,000 square feet of existing outdoor commercial cannabis cultivation. Water for irrigation comes from a shallow water well. Two proposed ponds and existing tanks will provide 180,000 gallons of water storage. Processing and trimming are proposed on the premises. A generator supplies primary power for cultivation operations. The project requires a Special Permit (SP17-107) for setback reduction proximity to the United States Forest Service’s (USFS) Six Rivers National Forest. The lower cultivation area appears to be within the Streamside Management Area (SMA), which also requires a Special Permit for activities within the SMA.
Review of air photos indicates that cultivation areas 2 and 3 may be located on USFS property. The applicant has not provided definitive evidence that the referenced cultivation is located on parcel 524-123-002-000. Based on the submitted Water Resources Protection Plan it appears that one of the cultivation areas may be in the Streamside Management Area. One of the proposed cultivation areas is in a historic landslide area, however the applicant has not provided evidence that a landslide was the force that opened a clearing in the forest to create the cultivation area. Barter Mountain Roots, California Secretary of State Entity No. 3898900, was dissolved on May 9, 2023, and as such there is no eligible entity associated with the application to issue the Conditional Use Permit to.
Summary Timeline of Project Processing: On December 14, 2016, an incomplete application package was received by the Department. On April 9, 2018, the first deficiency letter was sent to the applicant. This letter identified 13 deficiencies in the application. On November 30, 2020, a letter identifying six deficiencies was sent to the applicant. On January 11, 2023, a letter was sent to the notifying the applicant that the deficiencies identified had not been addressed and that the application would be denied if the applicant did not submit requested documentation in 30 days. On January 11, 2024, a letter was sent to the applicant stating that the project has been scheduled for denial at the March 7, 2024, Zoning Administrator Meeting.
Lack of Sufficient Evidence: Staff are unable to determine if the all the proposed cultivation areas are on the subject property. The hydrological connectivity of the groundwater well is questionable, and no hydrological connectivity report has been provided. The biological assessment provided with the application recommended surveys for Northern Spotted Owls (NSO) due to the project’s proximity to a NSO activity center. The NSO surveys were not provided so it is unknown of the proposed project will result in significant impacts to sensitive species or natural communities. The applicant has had seven years to provide additional information. For all the reasons described above, staff is unable to recommend approval.
OTHER AGENCY INVOLVEMENT:
The project was referred to the standard list of commenting agencies. With additional review of the project, it is evident that the project will require re-referral to make a recommendation of approval.
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Zoning Administrator could elect to direct staff to continue to work with the applicant to resolve the outstanding issues and continue processing the application in accordance with HCC Section 312-4.1 et seq. However, due to the extended amount of time that the deficiencies have remained unresolved and the lack of responsiveness from the applicant, staff does not recommend this alternative.
ATTACHMENTS:
1. Draft Resolution
2. Location Maps
3. Planning Department Correspondence
A. Deficiency Letter sent April 9, 2018
B. Deficiency Letter sent November 30, 2020
C. Deficiency Letter sent January 11, 2023
D. Denial Scheduled Letter sent January 10, 2024
Applicant:
Barter Mountain Roots
PO Box 524
Willow Creek CA 95573
Owner:
Travis Barter Trust
PO Box 524
Willow Creek CA 95573
Agent: N/A
Please contact Andrew Whitney, Planner, at awhitney2@co.humboldt.ca.us or 707-268-37354 if you have questions about this item.