File #: 10508b    Version: 1 Name:
Type: Zoning Item Status: Passed
File created: 2/23/2018 In control: Planning and Building
On agenda: 3/1/2018 Final action: 3/1/2018
Title: Innovation West dba Panther Gap Farms Case Numbers CUPs16-030, 16-031, 17-021, 17-022, and 16-107 and SP 16-051 Assessor’s Parcel Number (APNs) 107-124-015, 107-235-008, 107-235-007, 107-236-011, 107-236-010, 107-234-012, 107-111-001 Honeydew Area Five Conditional Use Permits (CUPs) for existing outdoor commercial cannabis cultivation sites up to 1 acre in size per property, for a total of 5 acres (217,800 square feet) of existing outdoor cannabis cultivation across 7 parcels totaling approximately 564 acres. The applicant has three cannabis project applications contained in this series of CUPs, and one contained in a pending Special Permit (SP), and proposes to lease the two permit applications proposed herein as CUP 17-021 and 17-022 to an assignee operator, in conformance with the 4-permit limit under the Humboldt County Commercial Medical Marijuana Land Use Ordinance (CMMLUO Section 55.4.8.10). Water sources for the operation include four existing, permitted groundwater wells, loc...
Attachments: 1. CUPs 16-30, 16-31, 17-021, 17-022 and 16-107 Staff Report, 2. SP 16-051 Staff Report, 3. PC Supplemental for CUPs 1.18.18, 4. PC supplemental #2 for CUPs 1.18.18, 5. Supplemental #3 for PC 3.1.18 10508, 6. PC supplemental #1 Innovation West_2.1.2018

Title

Innovation West dba Panther Gap Farms

Case Numbers CUPs16-030, 16-031, 17-021, 17-022, and 16-107 and SP 16-051

Assessor’s Parcel Number (APNs) 107-124-015, 107-235-008, 107-235-007, 107-236-011, 107-236-010, 107-234-012, 107-111-001

Honeydew Area

 

Five Conditional Use Permits (CUPs) for existing outdoor commercial cannabis cultivation sites up to 1 acre in size per property, for a total of 5 acres (217,800 square feet) of existing outdoor cannabis cultivation across 7 parcels totaling approximately 564 acres. The applicant has three cannabis project applications contained in this series of CUPs, and one contained in a pending Special Permit (SP), and proposes to lease the two permit applications proposed herein as CUP 17-021 and 17-022 to an assignee operator, in conformance with the 4-permit limit under the Humboldt County Commercial Medical Marijuana Land Use Ordinance (CMMLUO Section 55.4.8.10). Water sources for the operation include four existing, permitted groundwater wells, located on properties identified as APN 107-234-012, APN 107-235-007, APN 107-235-008, and APN 107-236-011, and five surface water diversions that are subject to current California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration Agreements (LSAA 1600 permits). The applicant will forbear all use of surface water for irrigation from May 15 to October 31, during which time the wells will be the sole source of irrigation. CDFW has verified that the existing wells are non-jurisdictional.  Hard tank water storage is used on some of the sites (APN 107-235-007, APN 107-235-008, 107-234-012 and 107-111-001).  One off-stream pond, approximately 80,000 gallons, currently exists on APN 107-236-011 (CUP 17-021). An off-stream, pond, approximately 175,000-gallons, is proposed on the property without a well water source, (CUP 17-022, APN 107-236-010), to provide water storage for irrigation during the forbearance period. Energy for the projects would be supplied by generators, to be used at each site only on an occasional basis for maintenance purposes. Only CUP 16-031 is served by Pacific Gas and Electric Company for power. Each of the five sites would require one to three full-time employees; all processing would be performed off site at a permitted facility.

 

A Special Permit (SP) is requested for an existing commercial medical cannabis operation, referred to as Panther Gap Farms. The requested approval includes operation of an existing mixed-light commercial medical cannabis cultivation on a 20-acre parcel identified as APN 107-235-002. The parcel has an existing cultivation area of 35,000 square feet. The requested SP would reduce the operation to 10,000 square feet. The decommissioned sites would be required to be remediated as part of the SP. The only structures proposed for use in the operation are existing greenhouses. Water sources for the operation include an existing groundwater well, located on the adjacent property APN107-235-007 (under the same ownership) and a surface water diversion subject to an existing California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration Agreement ([LSAA] 1600 permit). The applicant will forbear use of surface water from May 15 through October 31, during which time the well will be the sole source of irrigation. CDFW has certified that the existing, permitted well on APN#107-235-007 is non-jurisdictional. Electrical service is provided by Pacific Gas and Electric Company and generators will only be used on an emergency basis in case of power loss. The agricultural operation will require one to three full-time employees; all processing will be performed at a permitted, off-site facility. Portable toilet facilities will be provided. The applicant has enrolled with the North Coast Regional Water Quality Control Board (NCRWQCB) Cannabis Waste Discharge Regulatory Program as a Tier 2 discharger.

Recommendation

Staff Recommendation for the Conditional Use Permits:  Find the project exempt from environmental review pursuant to Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land, and 15333 (Small Habitat Restoration Projects) of the state CEQA Guidelines, make all of the required findings for approval of the Conditional Use Permits based on evidence in the staff report and any public testimony, and adopt the Resolutions approving the five proposed Panther Gap Farms projects subject to the recommended conditions and the Commission’s determination of prior cultivation area based on examination of the available documentation.

 

Staff Recommendation for the Special Permit: Find the project exempt from environmental review pursuant to Sections 15301 and 15333 of the State CEQA Guidelines, make all of the required findings for approval of the Special Permit based on evidence in the staff report and any public testimony, and adopt the Resolution approving the proposed Innovation West, dba Panther Gap Farms Special Permit subject to the recommended conditions and the Commission’s determination of prior cultivation area based on examination of the available documentation.