PLANNING COMMISSION

COUNTY STAFF

JOHN H. FORD

IVER SKAVDAL

First District

Director, Planning and Building

THOMAS MULDER

Second District

NOAH LEVY

Chair - Third District

LONYX LANDRY

Fourth District

PEGGY O'NEILL

Fifth District

BRIAN MITCHELL

Vice Chair - At-Large

SARAH WEST

At-Large

COUNTY OF HUMBOLDT

PLANNING COMMISSION

825 Fifth Street

Board of Supervisors Chambers

Eureka, California

AGENDA

6:00 PM

Thursday, September 21, 2023

Regular Meeting - Virtual

The County of Humboldt is committed to providing equal access to all county programs, services and

activities through the provision of accommodations for individuals with qualified disabilities as

required under the Americans with Disabilities Act. With 72 hours prior notice, a request for

reasonable accommodation or modification can be made. Please contact the Clerk of the Board

Office at 707-476-2390 or by email cob@co.humboldt.ca.us or the ADA Coordinator at 844-365-0352

or by email at ada@co.humboldt.ca.us.

Please note: Those not able to attend the Planning Commission meeting in person will have the

opportunity to provide public comment via Zoom; however, the County of Humboldt cannot

guarantee that the Zoom system will be available for the entirety of every meeting. The only ways to

guarantee that your comment is received and considered by the Board of Supervisors are to attend

the meeting person or submit your comment in writing in advance of the meeting.

HOW TO LISTEN OR WATCH THE PLANNING COMMISSION MEETING:

1. https://zoom.us/j/87544807065 Password: 200525

2. Call in via telephone at 346 248-7799, enter meeting id 875 4480 7065 Password: 200525

3. A live stream of the meeting can be found by using the following link:

https://humboldt.legistar.com or by watching Access Humboldt on cable

Meetings of the Humboldt County Planning Commission are held in person in the Board of

Supervisors chambers, located at 825 Fifth Street, Eureka, California.

PUBLIC COMMENT INSTRUCTIONS DURING THE MEETING:

Participate in the public comment period of the meeting in the following three ways:

1. In Person Public Comment: Any person may appear and present testimony for an item on this

agenda at the hearing located in the Board of Supervisors' Chamber, Humboldt County Courthouse,

825 Fifth Street, Eureka, California. The Planning Commission needs 15 COPIES of any materials

submitted at the meeting.

2. Zoom Public Comment: When the Planning Commission announce the agenda item that you wish

to comment on, call the conference line, enter the Meeting ID and press star (*) 9 on your phone,

this will raise your hand. You’ll continue to hear the Planning Commission meeting on the call.

When it is your turn to speak, you’ll hear a prompt to unmute, press star (*) 6. Please turn off your

TV or live stream to avoid delays. If you encounter any issues, please use the call-in option below.

3. Phone call using cellphone or landline: When the Planning Commission meeting begins, call in on

the conference line. When the Planning Commission Chair starts to discuss the item you wish to

comment on, Press *9 to raise your hand. When you are called upon to speak, you will be prompted

to unmute, press *6 to unmute.

You may access the live stream of the meeting at https://humboldt.legistar.com, Agendas are also

posted at this link on the Friday before the meeting.

SUBMITTING PUBLIC COMMENT PRIOR TO THE MEETING:

Public comments may be submitted via email to Planningclerk@co.humboldt.ca.us. Please provide

the project title, record or case number and date of the hearing. The deadline for submitting written

comments is 12:00 p.m. Wednesday, September 20, 2023. After the deadline, written comments may

be submitted to the commission in person during the meeting. Verbal comments may be made in

person, or on zoom. Comments received after the agenda is posted on Friday, September 15, 2023,

can be found at the “Attachments” section of the “Meeting Details” link next to the posted Agenda

at: https://humboldt.legistar.com and will be included with the administrative record. If you do not

have access to email, contact the Planning Clerk at 707-267-9409.

A. CALL TO ORDER / SALUTE TO FLAG

B. COMMISSIONERS PRESENT

C. AGENDA MODIFICATIONS

D. PUBLIC COMMENT ON NON-AGENDA ITEMS:

At this time persons may appear before this Commission on any matter pertinent to the Commission's

Jurisdiction and that is not on the Agenda. When the Chair asks for public comment, please address the

Commission from the microphone. Unless otherwise stated, speakers will have three (3) minutes for public

comment. Although the Commission may briefly respond to statements or questions, under state law,

matters presented under this item cannot be discussed or acted upon by the Commission at this time.

E. CONSENT AGENDA

These Public Hearing matters are routine in nature and are usually approved by a single vote. The Chair

will poll the audience and members of the Commission to determine if any item on the consent agenda

should be pulled for public comment or further discussion.

Review and approval of the August 17, 2023, Action Summary.

Recommendation:

Attachments:

Approve the August 17, 2023, Action Summary.

08.17.2023 Action Summary for review

VIPA Farmers, LLC, Conditional Use Permit

Assessor Parcel Numbers (APN) 219-011-007-000

Record No.: PLN-11269-CUP

Salmon Creek area

A Conditional Use Permit for 12,536 square feet of existing mixed light cannabis cultivation. Three

harvests are anticipated annually. The project is supported by a 1,250 square foot propagation

greenhouse. Water for irrigation is sourced from an existing 300,000-gallon rainwater catchment pond

and 6 hard tanks totaling 6,200 gallons. Ordinary annual water usage totals 216,895 gallons (21.8

gallons per ft2). All processing occurs onsite. Electricity is currently sourced from a diesel generator,

however, the applicant is seeking to obtain grid power through PG&E.

Recommendation:

Attachments:

Continue the VIPA Farmers project to the October 05, 2023, meeting.

11269 Staff Report 9.21.23

The Marshall Ranch, LLC Agricultural Reserve, Zone Reclassification, Notice of Merger, and Land

Conservation Contract

Assessor Parcel Numbers: 215-062-003, 215-062-005, 215-062-007, 215-063-005,

215-063-006, 215-063-007, 215-064-001, 215-064-004, 215-064-005, 220-061-011,

222-081-001, 222-081-003, 222-081-005, 222-081-010, 222-081-012, 222-082-002,

222-083-002, 222-154-005, 222-154-006, 222-154-007

Record Number: PLN-2023-18106

Briceland area

An application to establish a Class “B” Agricultural Preserve of approximately 2,867 acres pursuant to

the California Land Conservation Act and the Humboldt County Agricultural Preserve Guidelines and

enter into a Land Conservation Contract, and to rezone lands within the preserve not zoned

Timberland Production Zone (TPZ) to Agriculture Exclusive with a combining zone establishing a

160-acre minimum parcel size (AE-B-5(160)), and to merge all 33 separate parcels (consisting of 20

APNs) within the preserve (24 of which less than 160 acres in size) into one parcel of approximately

2,867 acres in size pursuant to Section 1.B(2) of Humboldt County Board of Supervisors Resolution

No. 16-144 (Humboldt County Williamson Act Guidelines).

That the Planning Commission:

Recommendation:

1. Adopt the Resolution (Resolution 23- ) (Attachment 1) which does the

following:

a. Finds that the proposed project is exempt from environmental review per

Sections 15305, 15317 and 15061(b)(3) of the CEQA Guidelines; and

b. Finds that the proposed project complies with the General Plan and Zoning Code:

and

c. Recommends The Marshall Ranch, LLC Agricultural Reserve, Zone

Reclassification, Notice of Merger, and Land Conservation Contract project to the

Board of Supervisors for approval, subject to the recommended conditions of

approval (Attachment 1A).

Attachments:

18106 Staff Report 9.21.23

Attachment 1 - Draft Resolution

Attachment 1A - Conditions of Approval

Attachment 1B - Site Map

Attachment 2 - Location Map

Attachment 3 - Applicant’s Evidence in Support of the Required Findings

Attachment 4 - WAC Draft Minutes 5.10.2023

Attachment 5 - Referral Agency Comments and Recommendations

Ramage- Parcel Map Subdivision and Coastal Development Permit

Application Number PLN-2020-16407

Assessor Parcel Number (APN) 515-071-006

Westhaven Area

A Minor Subdivision of an approximately 5.12-acre parcel into two parcels, each approximately 2.56

acres in size. The parcel is currently developed with an existing single-family residence which will be

located on proposed parcel 2 following subdivision. A Coastal Development Permit is requested for

the proposed subdivision as well as to preauthorize future development of proposed parcel 1, including

construction of an approximately 2,200 square foot new single-family home 28 feet in height and

development of an appurtenant driveway and on-site septic system. Authorization is also being sought

under the Coastal Permit to allow an approximately 620 square foot addition to the existing residence.

Tree removal and grading are expected to be minimal. A well serving existing residential development

on the property is planned to serve future residential uses on proposed parcel 1 of the subdivision.

That the Planning Commission:

Recommendation:

1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the

following:

a. Finds that the project is consistent with the development density established by an

existing general plan for which an EIR was certified and no further environmental

review is required per 15183 of the State CEQA Guidelines; and

b. makes all of the required findings for approval of the Parcel Map Subdivision;

and

c. approves the Ramage Parcel Map Subdivision and Coastal Development Permit

subject to the recommended conditions.

Attachments:

16407 Staff Report 9.21.23

Attachment 1 - Draft Resolution

Attachment 1A - Conditions of Approval

Attachment 1B - Public Works Conditions

Attachment 1C - Site Plan

Attachment 2 - Location Maps

Attachment 3 - Applicant’s Evidence in Support of the Required Findings

Attachment 4 - Referral Agency Comments

Thomas Morgan, Conditional Use Permit and Special Permit

Assessor Parcel Number (APN) 208-111-029

Record No.: PLN-12286-CUP

Bridgeville Area

A Conditional Use Permit for 12,020 square feet of existing outdoor commercial cannabis cultivation

supported by a 768 square foot ancillary nursery. Annual Water Usage is estimated at 120,000

gallons. The water source is a point of diversion and a well. Total existing water storage is 48,200

gallons and the applicant proposes 50,000 gallons of additional storage. Processing will occur offsite.

Electricity is provided by generators and solar power is proposed. The project includes a Special

Permit for the remediation of a historic cultivation area within the Streamside Management Area.

Trimming will occur off-site at a licensed processing facility. Employees will not be used for this

operation.

That the Planning Commission:

Recommendation:

1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the

following:

a. Finds that the Planning Commission has considered the Mitigated Negative

Declaration for the Commercial Medical Marijuana Land Use Ordinance and the

Addendum that was prepared for the Thomas Morgan project); and

b. Finds that the proposed project complies with the General Plan and Zoning

Ordinance; and

c. Approves the Conditional Use Permit subject to the recommended conditions of

approval (Attachment 1A)

Big River Farm, LLC; Conditional Use Permit and Special Permit

Record Number: PLN-11892-CUP (filed 12/27/2016)

Assessor Parcel Numbers (APN) 108-023-008

Ettersburg area

A Conditional Use Permit (CUP) for Big River Farm, LLC to allow 22,000 square feet (SF) existing

outdoor cannabis cultivation on a 90-acre parcel, and a Special Permit to reduce the setback to BLM

public land. An approximately 1.1-acre area at the southern parcel line will be planted with trees under

the guidance and review of a Registered Professional Forester to increase the buffer to publicly owned

and managed lands, and to increase the habitat buffer. Cultivation occurs in six (6) greenhouses utilizing

light deprivation to achieve two harvest cycles. Propagation occurs onsite in a 2,190 SF ancillary

nursery. Irrigation water is sourced from a groundwater well which has been evaluated for connectivity

to surface waters, supplemented by rain catchment. The estimated annual irrigation water usage is

219,000-gal. (9.9 gal./SF/year). Water storage totals 86,600-gal. in hard tanks, and applicant has

secured grant funding to install an additional 50,000-gal. of storage tanks for a total of approximately

138,700-gal. Processing such as drying and curing will occur onsite in an existing 30’ x 40’ garage

attached to the 1,200 square foot residence, or in the existing 30’ x 40’ storage shed. All other

processing such as trimming and packaging will occur offsite at a licensed facility. Power for the

cultivation operation is provided by P.G.&E., and generators for emergency backup power. Five

employees are anticipated to meet operational needs during peak season.

That the Planning Commission:

Recommendation:

1. Adopt the resolution (Resolution 23-__), (Attachment 1) which does the

following:

a. Finds that the Planning Commission has considered the project specific

Addendum to the Mitigated Negative Declaration for the Commercial Medical

Marijuana Land Use Ordinance that was prepared for the Big River Farms, LLC

project); and

b. Finds that the proposed project complies with the General Plan and Zoning

Ordinance; and

c. Approves the Conditional Use Permit and Special Permit, subject to the

recommended conditions of approval (Attachment 1A)

2. Adopt the alternative resolution (resolution 23-__), (Attachment 1E) which does

the following:

a. Finds the project exempt from environmental review pursuant to State CEQA

Guidelines Section 15270 (projects which are disapproved); and

b. Finds that the project has the potential to have a detrimental effect on the public

health, safety, and/or welfare in conflict with the General Plan and Zoning

Ordinance; and

Fennell - Parcel Map Subdivision and Coastal Development Permit

Application Number PLN-2022-17900

Assessor Parcel Number (APN) 400-141-012

1500 Peninsula Drive, Manila area

A Minor Subdivision of a 16,566 square foot parcel into two parcels of approximately 6,336 square

feet and 10,230 square feet. The parcel is currently developed with a single-family residence and

detached Accessory Dwelling Unit. The property is served with community water and sewer services

provided by the Manila Community Services District. Each dwelling unit will be sited on a separate

parcel with no further development proposed. A Coastal Development Permit (CDP) is required as

the property being divided is located within the Coastal Zone. An exception to certain road frontage

improvements is being requested pursuant to Section 325-9 of Humboldt County Code.

That the Planning Commission:

Recommendation:

1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the

following:

a. Finds that the project is consistent with the development density established by an

existing general plan for which an EIR was certified, and no further environmental

review is required per 15183 of the State CEQA Guidelines; and

b. makes all of the required findings for approval of the Parcel Map Subdivision;

and

c. approves the Fennell Parcel Map Subdivision and Coastal Development Permit

subject to the recommended conditions.

Attachments:

17900 Staff Report 9.21.23

Attachment 1 - Exhibit 1A - Draft Resolution & Conditions of Approval

Attachment 1B - DPW COA's - Fennell

Attachment 1C - 17900 Tentative Map 08.24.2022

Attachment 2 - 17900 Location Map 08.24.2022

Attachment 3A - 325-9 Exception Request - Michael Fennell PMS

Attachment 4 - Referral Agency Comments & Recommendations

Attachment 4A - PW Exception Request Response

Ram Ram Bliss 2, LLC Conditional Use Permit

Assessor Parcel Number 216-094-009-000

Record No.: PLN-12987-CUP

Harris Area

A Conditional Use Permit for 11,762 square feet of existing outdoor light deprivation commercial

cannabis cultivation. Approximately 252,000 gallons per year (21.4 gallons per sf) is required for

irrigation needs. Water is sourced from three onsite ponds and water storage includes water stored in

the ponds and hard tank storage for a total of 605,400 gallons. Processing activities including drying,

curing, and trimming occur onsite within a 968 square foot building. Power is provided through a mix of

solar and generator use. No employees are proposed.

That the Planning Commission:

Recommendation:

1. Adopt the resolution (Resolution 23-__). (Attachment 1) which does the

following:

a. Finds that the Planning Commission has considered the Mitigated Negative

Declaration for the Commercial Medical Marijuana Land Use Ordinance and the

Addendum that was prepared for the Ram Ram Bliss 2, LLC project); and

b. Finds that the proposed project complies with the General Plan and Zoning

Ordinance; and

c. Approves the Conditional Use Permit subject to the recommended conditions of

approval (Attachment 1A); and

Attachments:

12987 Staff Report 9.21.23

Attachment 1 - Draft Resolution

Attachment 1A - Conditions of Approval

Attachment 1B - Cultivation Operations Plan and Addendum

Attachment 1C - Site Plan

Attachment 2 - Location Map Set

Attachment 3 - CEQA Addendum to MND

Attachment 4 - Applicant’s Evidence in Support of the Required Findings

Attachment 5 - Referral Agency Comments and Recommendations

Attachment 5a - Division of Environmental Health Response

Attachment 5b- Public Works Response

Attachment 5c - Building Division Response

Attachment 5D - CDFW Response

Attachment 6 - Watershed Map

G. ITEMS PULLED FROM CONSENT

H. WORKSHOP

Inland and coastal zone ordinances to allow the use of residences for short-term rentals within the

unincorporated areas of Humboldt County. The ordinance does the following:

Creates two tiers of rentals consisting of units partially rented by the occupants of the

residence and rental of the whole unit;

Establishes performance criteria for the operation of short term rentals;

Creates an Administrative Permit to authorize rentals which comply with the ordinance and

allows approval of a discretionary permit when deviations from standards are requested;

d) Creates a cap for the number of units allowed around the Humboldt Bay Area

Attachments:

Attachment 1 - Short-term Rental Ordinance Workshop Staff Report

Attachment 2 - Draft Short-term Rental Ordinance - Inland

Attachment 3 - Draft Short-term Rental Ordinance - Coastal

Attachment 4 - Chapter 2 Administration, Procedures, Amendments and Enforcement

I. REPORT FROM PLANNER

J. PLANNING COMMISSION DISCUSSION ITEMS

K. ADJOURNMENT

L. NEXT MEETINGS October 05, 2023 6:00 P.M. Regular Meeting - Hybrid