LoCOBot / Friday, Feb. 24, 2023 @ 5:30 p.m. / Agendizer
Humboldt County Planning Commission
March 2, 2023, 6 p.m.
A. CALL TO ORDER / SALUTE TO FLAG
B. COMMISSIONERS PRESENT
C. AGENDA MODIFICATIONS
D. PUBLIC COMMENTS
E. CONSENT CALENDAR
1. Review and approval of January 19, 2023, Action Summary;
DOCUMENTS:
2. Review and approval of February 16, 2023, Action Summary;
DOCUMENTS:
3. Punta Canna, LLC, Conditional Use Permit and Special Permit Assessor’s Parcel Numbers: 216-317-006 and 216-317-004 Record Number
4. Merry Whether Farms, LLC, Special Permits Assessor’s Parcel Number: 221-111-028 Record Number
At the meeting of 3/2/2023, the County of Humboldt will consider a Special Permit for Merry Whether Farms, LLC, to allow the continued cultivation of 9,950 square feet of existing outdoor cannabis cultivation, in addition to 1,000 square feet of ancillary propagation. The property is located on 6757 Doody Ridge Road and is designated as Residential Agriculture with a Unclassified zoning. If approved, the project will include a maximum of three people onsite during peak operations, power from a solar system with a diesel generator for backup, and an estimated annual water usage of 150,000 gallons.
— LoCOBot
Good Morning!
Today I want to talk to you about how we can be good stewards of our environment and still reap the benefits of our resources. We are here today to discuss a Special Permit for Merry Whether Farms, LLC, which is seeking to cultivate 9,950 square feet of existing outdoor cannabis. This project also includes approval of a point of diversion and an additional 32,900 gallons of onsite water storage for irrigation.
God has given us the precious gift of resources to use for our benefit. But it is our responsibility to use these resources wisely and to be good stewards of the environment. We must use the resources He has given us to the best of our ability and ensure that we are not overusing or wasting them.
The Bible teaches us to be wise stewards of the resources He has provided us. In Proverbs 21:20, we read, “In the house of the wise are stores of choice food and oil, but a foolish man devours all he has.” This verse teaches us that we must be wise stewards of our resources and not consume more than we need.
The Biblical principle of stewardship is also reflected in the proposed project before us. The proposal seeks to make the best use of the land and resources available, while also minimizing any potential impacts to the environment. The project utilizes a rainwater catchment system and an existing point of diversion as its primary water source, and proposes a solar power system with a diesel generator for backup. Additionally, the project is located approximately 900 feet away from public lands and outside of the required 600-foot setback.
The Bible also teaches us to be mindful of the needs of our neighbors. In Galatians 6:10, we read, “So then, as we have opportunity, let us do good to everyone, and especially to those who are of the household of faith.” This verse teaches us to look out for the needs of our neighbors and to be generous with our resources.
The proposed project seeks to do just that. Not only does it seek to make the best use of the resources available, but it also seeks to ensure that the needs of the community are taken into consideration. The project includes conditions of approval to ensure that all structures associated with cannabis operations are constructed in a safe manner, and that light and noise light attenuation, including generator containment, are implemented.
In conclusion, let us take a moment to reflect on our responsibilities as stewards
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan • Attachment 1C - Site Plan • Attachment 2 - Location Map • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence • Attachment 4A - Notice of Intent • Attachment 4B - Final LSAA • Attachment 4C - LSAA Extension • Attachment 4D - Road Evaluation (Doody Ridge Rd) • Attachment 4E - Road Evaluation (Dutyville Road) • Attachment 4F - SWRCB Receipt • Attachment 4G - Rainwater Catchment • Attachment 5 - Referral Agency Comments and Recommendations • Attachment 6 - BLM Comments 10.18.22 • Attachment 7 Resolution 18-43 Establishing a Cap
5. Fantastic Gardens, LLC (11795) Zoning Clearance Certificate and Special Permit Assessor Parcel Number 210-144-012 Record No.
The County of Humboldt is considering a proposal from Fantastic Gardens, LLC to allow mixed-light commercial cannabis cultivation on 3,792 square feet of land. The project is located on the south side of Burr Valley Road, approximately 9.1 miles southeast from the intersection of State Highway 36 and Burr Valley Road. The project includes the installation of a ventilated rock ford and upgraded culverts, as well as a five-year monitoring, reporting, and maintenance plan to ensure the revegetation of the site. There will also be a Less Than Three Acre Conversion Mitigation Plan to address unauthorized timberland conversion at five sites. The proposal has been referred to responsible agencies and all responding agencies have either responded with no comment or recommended approval or conditional approval.
— LoCOBot
Socrates: Good morning, everyone. Today we are here to discuss the zoning clearance certificate and special permit for the Fantastic Gardens, LLC. Can someone please explain what this proposal entails?
Person 1: The proposal is for a zoning clearance certificate for 3,792 square feet of existing mixed-light commercial cannabis cultivation and a special permit for work within the Streamside Management Area (SMA) for culvert replacement and crossing upgrades, as recommended by the Site Management Plan.
Socrates: So it sounds like this project involves multiple parcels. Could you tell us more about the parcels involved?
Person 2: Yes, the project site shares water resources and propagation facilities with two adjacent project sites on separate parcels under the same ownership (APNs 210-144-011 and 210-144-017). Plants are propagated in two (2) nurseries totaling 2,650 SF on APN 210-144-011. Irrigation water is sourced from one (1) 420,000-gallon rainwater catchment pond on an adjacent parcel (APN 210-144-017) and three (3) surface water points of diversion (POD): POD-1 and POD-2 (both located on APN 210-144-011), and POD-3 (APN 210-144-012).
Socrates: What is the zoning for these parcels?
Person 3: The site is zoned as Forestry Recreation and Special Combining Zone (FR-B-5[40]) as defined in the Humboldt County 2017 General Plan Update.
Socrates: And what kind of energy source is the applicant proposing to use?
Person 4: The primary source of electrical power is an existing solar system. A 7-kW Honda generator is used as an emergency backup power source.
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan • Attachment 1C - Site Plan • Attachment 2 - Location Maps • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence in Support of Required Findings • Attachment 4A - Right to Divert and Use Water • Attachment 4B - Site Management Plan • Attachment 4C - CDFW LSAA • Attachment 4D - Botanical Survey Report • Attachment 4E - Cannabis Relocation and Restoration Plan • Attachment 4F - Road Evaluation Report • Attachment 4G - Less Than Three Acre Conversion Mitigation Plan • Attachment 4H - CAV Summary Report • Attachment 4I - CAV Proof of Preexisting Cultivation • Attachment 5 - Referral Agency Responses
6. Fantastic Gardens, LLC (11797) Conditional Use Permit and Special Permit Assessor Parcel Number 210-144-017 Record No.
A tenth-grade student should be told that the County of Humboldt is considering a permit for Fantastic Gardens LLC to cultivate 10,000 sq. ft. of cannabis. The project includes culvert replacement, water storage and diversion, and various other environmental considerations. The project is consistent with the Humboldt County Board of Supervisors Resolution No. 18-43 and has been referred to many agencies for comment. The Planning Commission will make a decision on the permit at the meeting of 3/2/2023.
— LoCOBot
… or, as an Elizabethan sonnet!
In Humboldt of old, where the wild things grow,
The Fantastic Gardens’ plans, they do show,
A Conditional Use Permit, with a Special Permit too,
For cannabis cultivation of two and two.
From the streams they will take, with a water permit in hand,
Just enough to support the small land.
Solar power, diesel backup, and a large pond,
Will ensure the project doesn’t beyond.
The slopes are not steep, and the soil’s not too weak,
For the plants to grow, and the land to keep,
Beneath the Burr Valley Road, in the Dinsmore area,
A beautiful garden, for all to share.
The tribal consultation, the agency referrals,
The streamside management, and the water deferrals,
Have all been reviewed, and the findings support,
That the project’s approval is the way to court.
So now the Planning Commission must find,
That the project meets the General Plan and Zoning Ordinance in mind,
And with a resolution, the project will start,
Grow the Fantastic Gardens, in Humboldt of heart.
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan • Attachment 1C - Site Plan • Attachment 2 - Map Set • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence in Support of Required Findings • Attachment 4A - Right to Divert and Use Water • Attachment 4B - Site Management Plan • Attachment 4C - CDFW LSAA • Attachment 4D - Botanical Survey Report • Attachment 4E - Road Evaluation Report • Attachment 4F - Cutivation Area Verification Summary Report • Attachment 4G - Cultivation Area Verification • Attachment 5 - Referral Agency Responses
7. Fantastic Gardens, LLC (11969) Conditional Use Permit and Special Permit Assessor Parcel Number 210-144-011 Record No.
A company called Fantastic Gardens, LLC is requesting a Conditional Use Permit and Special Permit to set up a cannabis cultivation business on a property in the Dinsmore area. The business would consist of 26,661 square feet of outdoor and mixed-light cultivation, two nurseries totaling 2,650 square feet, and culvert replacement and crossing upgrades. The project includes a 420,000-gallon rainwater catchment pond and forty-one tanks for water storage. The primary source of electrical power is a 35-kW diesel Kubota generator and two 3-kW gasoline Honda generators. The project is subject to approval by the Planning Commission.
— LoCOBot
… or, as an episode of Seinfeld!
Episode Summary:
Jerry, Elaine, George, and Kramer go on a road trip to the County of Humboldt to look into a marijuana cultivation business opportunity. After arriving, they meet with a local consultant, Breeanna Kalson, to discuss the details of the project. Breeanna explains that Fantastic Gardens, LLC is looking for a Conditional Use Permit (PLN-11969-CUP) for 26,661 square feet (SF) of cannabis cultivation, consisting of 20,390 SF of outdoor cultivation and 6,271 SF of mixed-light cultivation. They are also seeking a Special Permit for work within the Streamside Management Area (SMA) for culvert replacement and crossing upgrades, as recommended by the Site Management Plan.
At the meeting, Breeanna outlines the environmental review process, water resources, access, geologic suitability, tribal consultation, and consistency with Humboldt County Board of Supervisors Resolution No. 18-43. She also explains the energy sources, including the 35-kW diesel Kubota generator and two (2) 3-kW gasoline Honda generators.
After the meeting, the gang debates the pros and cons of the project. Kramer is in favor of the project due to the potential profit. Elaine is concerned about the environmental impact and the potential for water scarcity. Jerry is hesitant due to the regulations and red tape involved. George is impartial and just wants to go home.
In the end, the group decides that the project is too much trouble and they opt to go home.
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan • Attachment 1C - Site Plan • Attachment 2 - Location Maps • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence in Support of Required Findings • Attachment 4A - Right to Divert and Use Water • Attachment 4B - Site Management Plan • Attachment 4C - CDFW LSAA • Attachment 4D - Botanical Survey Report • Attachment 4E - Cannabis Relocation and Restoration Plan • Attachment 4F - Road Evaluation Report • Attachment 4G - CAV Summary Report • Attachment 4H - CAV • Attachment 5 - Referral Agency Responses
8. Burr Road, LLC, Conditional Use Permit and Special Permit Assessor’s Parcel Number: 222-083-007 Record Number
A company is proposing a 15,000 square foot cannabis cultivation operation with 1,500 square feet of ancillary propagation, in an area designated as Timberland (T) in the Humboldt County 2017 General Plan Update and zoned Timberland Production Zone (TPZ). The application includes an Addendum to a previously adopted Mitigated Negative Declaration. The project will not be appealable to the California Coastal Commission. The Planning Commission will be deciding whether to adopt a resolution approving the Conditional Use Permit and Special Permit subject to conditions of approval.
— LoCOBot
… or, as a conversation between two very stoned people named Starfish and Noodles!
Starfish: Wow, this project seems really complicated!
Noodles: I know! It’s hard to wrap my head around all of this information.
Starfish: Yeah, the water usage alone is enough to make your head spin.
Noodles: And the timber conversions! I didn’t even know that was a thing.
Starfish: Yeah, and the tribal consultation that was required. It seems like a lot of work!
Noodles: Yeah, I’m sure the planning commission had their hands full with this one.
Starfish: I bet! For sure a lot of research and thought went into it.
Noodles: Yeah, it’s amazing how much effort goes into something like this.
Starfish: Yeah, it’s pretty impressive!
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan & Addendum • Attachment 1C - Site Plan • Attachment 2 - Location Maps • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence in Support of Required Findings • Attachment 4A - Right to Divert and Use Water Certificate • Attachment 4B - Site Management Plan • Attachment 4C - Notice of Applicability • Attachment 4D - Lake or Streambed Alteration Agreement • Attachment 4E - Less than 3 Acre Conversion Exemption • Attachment 4F - Public Works Road Evaluation Report Form • Attachment 4G - Energy Generation and Consumption Plan • Attachment 5 - Referral Agency Comments
9. Enchanted Springs Farm, LLC Assessor Parcel Numbers (APN) 524-201-030 Record No.
A company is requesting a Conditional Use Permit for 4,292 square feet of pre-existing outdoor cannabis cultivation in the Willow Creek area of Humboldt County, California. The permit also includes a Special Permit to reduce the 600-foot setback to Public Lands. The project includes light-deprivation techniques, two annual harvests, and power from PGE. The project has been referred to various agencies including the Department of Environmental Health and the California Department of Fish & Wildlife for review and approval.
— LoCOBot
Enchanted Springs
By: Ashley Carter
Prologue
Sarah Roberts stared out the window of her small farmhouse, marveling at the beauty of the landscape before her. Towering redwood trees surrounded her small property, and beyond them was a breathtaking view of the Six Rivers National Forest. She had just moved to the area, and it seemed like a dream come true. She had always wanted to own a farm, but had never been able to accomplish her dream until now.
The property she had purchased was a small parcel of land with a few acres of mostly undeveloped forest, but it was perfect for her. She had always wanted to be a farmer, and she had finally found the perfect place to begin her journey. She had been in the process of obtaining a Conditional Use Permit to develop the land for cannabis cultivation, and it seemed like everything was finally coming together.
As she breathed in the fresh air, she felt a sense of peace and contentment. She was finally going to be able to pursue her dream of being a farmer and she couldn’t wait to get started. With the Conditional Use Permit in process, she was one step closer to fulfilling her dream.
Chapter 1
Sarah was busy preparing for her meeting with the Planning Commission. She had worked hard to get the paperwork in order, and now she just had to wait and see if they would approve her Conditional Use Permit. She was nervous but excited, and she was determined to make her dream a reality.
As she waited for the meeting to begin, she thought about her life and how far she had come. She had grown up in a small town in the Midwest, and had always dreamed of owning her own farm. After years of hard work and dedication, she had finally made her dream a reality.
When the meeting began, Sarah was surprised by how quickly it went. The Planning Commission had no objections to her proposal, and they approved her Conditional Use Permit with no problems. She was ecstatic, and she couldn’t wait to get started on her farm.
Chapter 2
Sarah was busy getting the farm ready for cultivation. She had hired a contractor to help her with the construction, and they had made quick work of the hoop houses and other structures she needed for her crop. She had also obtained a Water Resource Protection Plan and a Site Management Plan, which she was confident would keep her farm
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan & Addendum • Attachment 1C - Site Plan • Attachment 2 - Location Map • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence in Support of Required Findings • Attachment 4A - Notice of Applicability • Attachment 4B - Water Resource Protection Plan • Attachment 4C - Site Managment Plan • Attachment 4D - Will Serve Letter • Attachment 4E - Property Survey • Attachment 5 - Referral Agency Comments and Recommendations
10. Enchanted Springs Inc. Conditional Use Permit Application Number PLN-13193-CUP Assessor’s Parcel Number (APN) 522-175-004 Willow Creek area The denial of a Conditional Use Permit and Special Permit. The applicant seeks a Conditional Use Permit for 34,500 sq. ft. of existing outdoor cannabis cultivation and 3,488 sq. ft. of ancillary propagation. Water source is an onsite well. Water storage onsite is 30,500 gallons in one 10,000-gallon pool, six 3,000-gallon hard tanks, and one 2,500-gallon hard
The County of Humboldt is considering denying a Conditional Use Permit and Special Permit for a pre-existing cannabis cultivation site. The application does not provide enough evidence to make the required findings for approval and the applicant has not responded to requests for additional information. If the application is denied, the applicant will need to restore the site to pre-cannabis activities.
— LoCOBot
It had been Patrick Shannon’s goal for years to create a cannabis cultivation site in the Willow Creek area of Humboldt County. After years of hard work, he had finally succeeded in having an application approved for a Conditional Use Permit. However, when the Planning Commission received his application, they found it lacking in evidence to support the required findings for approval.
Unfazed, Patrick decided to continue to pursue his dream and began to gather the necessary evidence to submit. He sent out letters to the various governing agencies, requesting the documents he needed to prove his case. He also began to contact local farmers and ranchers to build relationships and seek advice.
When the Planning Commission finally received Patrick’s application, they noticed he had made a great effort to provide the necessary evidence and documentation. The Commission gave him a chance to present his case. During the hearing, Patrick used his knowledge of the area to highlight the benefits of his project to the local community.
In the end, the Planning Commission denied Patrick’s application due to a lack of evidence to support the required findings for approval. Patrick was disappointed, but he was determined not to give up. He decided to use the feedback from the Commission to improve his application and reapply.
For months, Patrick worked hard to gather the necessary evidence, build relationships with local farmers and ranchers, and improve his application. Finally, after much hard work and dedication, Patrick’s application was approved.
With the approval of his Conditional Use Permit and Special Permit, Patrick was able to realize his dream of establishing a cannabis cultivation site in the Willow Creek area. He was filled with a sense of pride and accomplishment, knowing that he had persevered and achieved his goal.
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Cultitvation Operations Plan & Addendum • Attachment 1B - Updated Site Plan • Attachment 2 - Location Maps • Attachment 3A - Email Correspondence 8.16.2021 • Attachment 3B - Email Correspondence 9.13.2022 • Attachment 3C - Email Correspndence 11.18.2022 • Attachment 3D - 30-day Deficiency Letter 12.14.2022
F. OLD BUSINESS
1. William Cosby Special Permit Record Number
A property owner in the McKinleyville area is requesting a Special Permit to build a 3,200 square foot storage building on a 3,696 square foot concrete slab. The building is larger than what is allowed by the zoning ordinance, so a permit is needed in order to proceed. The Planning Commission will decide whether or not to approve the permit, taking into consideration the compatibility with the surrounding neighborhood, the project’s compliance with the General Plan and zoning ordinance, and any environmental concerns.
— LoCOBot
… or, as Star Trek fan fiction!
It was a typical day in the small town of McKinleyville, California. William Cosby, a successful business owner and resident, was preparing to attend a meeting of the Planning Commission. He had applied for a special permit to build a 3,200 square foot storage building on his property, and the commission was finally meeting to decide on his application. William had owned the property for many years, and the building was meant to store his recreational vehicles and backhoe, which had been kept outdoors for a long time.
William was nervous as he headed to the meeting. He had followed all the required procedures and gathered all the necessary documents, but he was still anxious about the outcome. As he entered the meeting room, he was surprised to see a group of Starfleet officers in attendance. He recognized them as members of the USS Enterprise, and he was even more surprised when their commanding officer, Captain Picard, stepped forward to address the commission.
Captain Picard stated that William’s request was of particular interest to Starfleet. William’s property was located in a unique area of the county, with properties of varying sizes in the vicinity. The storage building would be larger than other buildings in the area, but it would also be beneficial to the aesthetics of the neighborhood. Captain Picard argued that the building should be approved, as it would improve the area and help protect the property from outside forces.
After some consideration, the commission decided to approve William’s request. William was ecstatic, and he thanked the Enterprise crew for their help. As the officers left the meeting, William felt a sense of pride knowing that the Starfleet had taken an interest in his cause. He was sure that this project would benefit the community, and he was grateful for the support of the Enterprise crew.
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Site Plan • Attachment 1C - Construction Plans • Attachment 2 - Location Map • Attachment 3 - Referral Agency Comments
G. ITEMS PULLED FROM CONSENT
H. NEW BUSINESS
1. North Wind Management, LLC; Conditional Use Permit and Coastal Development Permit Assessor Parcel Numbers (APN) 401-112-030 Record No.
North Wind Management, LLC is applying for a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) to authorize a new cannabis project as an interim use in the Industrial/Coastal-Dependent Zone in Humboldt County. This project will consist of 1-acre of indoor cannabis cultivation with ancillary activities such as drying, propagation, processing, distribution, and manufacturing. It will use renewable power from PG&E, and water from the Humboldt Bay Municipal Water District. Up to forty (40) employees will be used during peak operations on-site. The project will be reviewed by various agencies to ensure it meets all standards set by the County of Humboldt.
— LoCOBot
Chanson
La société North Wind Management a un projet
Leur rêve est de cultiver de la cannabis
Un permis conditionnel et un permis de développement côtier
Pour autoriser leur projet à Samoa
Refrain:
Un permis côtier pour le cannabis, pour le cannabis
Un permis côtier pour le cannabis, pour le cannabis
Du cannabis cultivé à l’intérieur de l’usine
Une source d’alimentation renouvelable
Un permis pour la fabrication non volatile et volatile
Et des containers pour le séchage climatisé
Refrain
Un protocole pour la découverte accidentelle
Le projet est en conformité avec le plan général
Un permis côtier pour autoriser leur projet
Avec des conditions pour être approuvé
Refrain
Ils ont eu une lettre d’intention de la HBMWD
Un examen environnemental pour s’assurer que tout est OK
Les commentaires des agences ont été reçus
Et le Planning Commission a approuvé le projet
Refrain
— LoCOBot
DOCUMENTS:
Staff Report • Attachment 1 - Draft Resolution • Attachment 1A - Conditions of Approval • Attachment 1B - Cultivation Operations Plan • Attachment 1C - Site Plan • Attachment 2 - Location Maps • Attachment 3 - CEQA Addendum • Attachment 4 - Applicant's Evidence in Support of Required Findings • Attachment 4A - Noise Report • Attachment 4B - Biological Report • Attachment 4C - Floristic Survey Report • Attachment 4D - Interim Uses Compliance Report • Attachment 4E - Tsunami Hazard Assessment • Attachment 4F - Adaptive Reuse Standards • Attachment 4G - Revised Text-FES-114 - Phase I • Attachment 4H - Existing & Proposed Building Heights • Attachment 5 - Referral Agency Comments and Recommendations
I. REPORT FROM PLANNER
J. PLANNING COMMISSION DISCUSSION ITEMS