Planning Commission

COUNTY OF HUMBOLDT IVER SKAVDAL Vice Chair - First District THOMAS MULDER Chair - Second District NOAH LEVY Third District JEROME QIRIAZI Fourth District PEGGY O'NEILL Fifth District SARAH WEST At-Large LORNA MCFARLANE At-Large PLANNING COMMISSION COUNTY STAFF JOHN H. FORD Director, Planning and Building PLANNING COMMISSION 825 Fifth Street Board of Supervisors Chambers Eureka, California 6:00 PMThursday, November 7, 2024 Regular Meeting - Hybrid AGENDA 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. Page 1COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 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 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 cell phone 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 by using the following link: https://humboldt.legistar.com 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, November 06, 2024. After the deadline, written comments may be submitted to the commission in person during the meeting (15 copies). Comments 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. CHAIR AND VICE CHAIR NOMINATION AND ELECTION D. AGENDA MODIFICATIONS Page 2COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA E. 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. F. 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 October 03, 2024, Action Summary1. Approve the October 03, 2024, Action SummaryRecommendation: 10.03.2024 Action Summary for reviewAttachments: MIB 2, LLC Conditional Use Permit and Special Permit Assessor Parcel Number 221-021-026 Record No.: PLN-11543-CUP Miranda Area A Conditional Use Permit for 33,000 square feet of existing outdoor commercial cannabis cultivation with 3,160 square feet of ancillary propagation. Estimated annual irrigation water usage of 200,000 gallons will be sourced from rainwater catchment and a groundwater well. Water storage is provided by a 250,000-gallon pond. Processing, including trimming, will occur onsite. Electricity is provided by solar power with a generator reserved for emergencies only. A Special Permit is included because the project is within 600 feet of Public Lands managed for open space and requires a setback reduction. 2. That the Planning Commission: 1. Adopt resolutions (Resolution 24-__) (Attachments 1) which does the following: a. Finds the Planning Commission has considered the Mitigated Negative Declaration previously adopted for the Commercial Medical Marijuana Land Use Ordinance and the Addendum prepared for the MIB 2, LLC project (Attachment 3); and b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and c. Approves the MIB 2, LLC Conditional Use Permit subject to the recommended conditions of approval (Attachments 1A). Recommendation: Page 3COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 11543 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval Attachment 1B - Cultivation and Operations Plan Attachment 1C - Site Plan Attachment 2 - Location Map Attachment 3 - CEQA Addendum Attachment 4 - Applicant’s Evidence in Support of the Required Findings Attachment 4A - Site Managemet Plan Attachment 4B - Lake and Streambed Alteration Agreement Attachment 4C - Timberland Conversion Evaluation 08.15.2018 Attachment 4D - Timberland Conversion Evaluation 04.26.2024 Attachment 4E - Relocation Justification Attachment 4F - Road Evaluation from Applicant Attachment 4G - Road Evaluation from Application 10653 Attachment 4H - Well Completion Report Report Attachment 5 - Referral Agency Comments Attachment 5A - Division of Environmental Health Response Attachment 5B - CDFW Comments Attachment 5C - CalFire Response Attachment 6 - Watershed Map Attachments: Ten Redwoods LLC Conditional Use Permit and Special Permit Assessor Parcel Numbers (APN) 208-241-017 Record No.: PLN-11737-CUP Dinsmore Area DENIAL of a Conditional Use Permit for 11,700 square feet of existing outdoor cannabis cultivation and a Special Permit for development and restoration in a streamside management area. 3. That the Planning Commission: 1. Adopt resolutions (Resolution 24-__) (Attachments 1) 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 the applicant has not provided sufficient evidence necessary to make the required findings for approval; and c. Denies the Conditional Use Permit and Special Permit. Recommendation: Page 4COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 11737 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - CalFire Comment 10.03.20204 Attachment 2 - 11737 Staff Report 10.03.24 - Combined Attachment 3 - Watershed Map Attachments: Renewable America, LLC Conditional Use Permit Modification Assessor Parcel Numbers: 505-151-012, 506-231-019 and 506-231-022 (one separate legal parcel) Record Number: PLN-2022-17922-MOD01 Arcata area A Modification to an approved Conditional Use Permit. The approved Conditional Use Permit was for a two phased community-scale solar energy and storage project that included the development of approximately 549,696 square feet of solar panels and a 5,000 square-foot equipment pad within pollinator habitat, in an area of approximately 30 acres (Record Number: PLN-2022-17922). The Modification to the approved project is to allow for the design change and reconfiguration of the solar panels and the equipment pad. The new design will include approximately 493,389 square feet of solar panels and two equipment pads, 2,500 and 2,156 square feet in size within pollinator habitat, in an area of approximately 27.43 acres. In addition, the layout of the panels will now shift from the west and extend north to within 50 feet of the northern parcel boundary. The new solar panels will be configured like those proposed in the approved permit; however, they are approximately 9.75 feet in height instead of 14 feet. 4. That the Planning Commission: 1. Adopt the resolution (Resolution 24-__) (Attachment 1), which does the following: 2. Finds the Planning Commission has considered the adopted Initial Study/Mitigated Negative Declaration for the previously approved project (SCH No. 2022110533) (Attachment 3) and the Addendum (Attachment 2) that was prepared for the project Modification; and 3. Finds the proposed project Modification complies with the General Plan and Zoning Ordinance; and 4. Approves Conditional Use Permit Modification subject to the conditions of approval (Attachment 1A). Recommendation: Page 5COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 17922-MOD01 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval Attachment 1B - Adopted Mitigation and Monitoring Report Attachment 1C - Modification Site Plan Attachment 2 - CEQA Addendum Attachment 4 - PC Staff Report January 19, 2023 Attachment 4A - Approved Site Plan Attachment 5 - PC Resolution 23-011 Attachments: G. PUBLIC HEARINGS The projects listed below are public hearing items that have generated public comment prior to the hearing date or have other issues related to them that may require discussion Showers Pass LLC Conditional Use Permits and Special Permit Assessor Parcel Numbers (APN) 317-182-019-000 and 317-182-020-000 Record Numbers.: PLN-10854-CUP Kneeland area Project Description: A Conditional Use Permit for 12,200 square feet (SF) existing outdoor cannabis cultivation and includes 1,400 SF of ancillary nursery and propagation space. A permitted well supplies cultivation water. Water storage of 10,000 gallons occurs in tanks. Annual water budget is approximately 93,000 gallons. Processing is proposed onsite but will utilize offsite processing until an appropriate facility is constructed. Power is provided by generators, the project is conditioned to transition to 100% renewable power by January 1, 2026, with generators reserved for emergencies only. The project includes a special permit for reduced setbacks to public lands. 1. That the Planning Commission: 1. Adopt resolutions (Resolution 24-__) (Attachments 1) which does the following: a. Finds the Planning Commission has considered the Mitigated Negative Declaration previously adopted for the Commercial Medical Marijuana Land Use Ordinance and the Addendum that was prepared for the Showers Pass Farms LLC project (Attachment 3); and b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and c. Approves the Showers Pass Farms LLC Conditional Use Permit and Special Permit subject to the recommended conditions of approval (Attachment 1A). Recommendation: Page 6COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 10854 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval 10854 Attachment 1B - Cultivation Operations Plan 10854 Attachment 1C - Site Plan Attachment 2 - Location Maps Attachment 3 - CEQA Addendum Attachment 4 - Applicant's Evidence in Support of Required Findings Attachment 4A - Notice of Applicability 2019 Attachment 4B - Site Management Plan Attachment 4C - LSA Notification Attachment 4D - Well Completion Report Attachment 4E - Timber Conversion Evaluation Attachment 4F - Restocking Plan Attachment 4G - Road Evaluation Attachment 4I - NSO Assessment Attachment 5 - Referral Agency Comments and Recommendations Attachment 5A - CDFW response Attachment 5B - CalFire Response Attachment 5C - Humboldt County Department of Environmental Health Attachment 5D - Humboldt Bay Municipal Water District Attachment 6 - Watershed Map Attachments: Showers Pass Farms LLC Conditional Use Permit and Special Permit Assessor Parcel Numbers (APN) 317-182-020-000 and 317-182-019-000 Record Numbers.: PLN-11989-CUP Kneeland/Showers Pass area Project Description: Conditional Use Permit for 18,634 square feet of existing, outdoor cannabis cultivation. A permitted well on APN 317-182-019 provides cultivation water. 10,000 gallons of water is stored in hard tanks. An estimated 160,000 gallons of water is needed annually for irrigation. Drying/curing of harvested cannabis to occur within an on-site shed. All processing activities occur at a licensed facility off-site. Power is provided by generators, the project is conditioned to transition to 100% renewable power by January 1, 2026, with generators reserved for emergencies only. Special permit for the use and maintenance of a waterline in the Streamside Management Area. 2. That the Planning Commission: 1. Adopt resolutions (Resolution 24-__) (Attachments 1) which does the following: a. Finds the Planning Commission has considered the Mitigated Negative Declaration previously adopted for the Commercial Medical Marijuana Land Use Recommendation: Page 7COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA Ordinance and the Addendum that was prepared for the Showers Pass Farms LLC project (Attachment 3); and b. Finds the proposed project complies with the General Plan and Zoning Ordinance; and c. Approves the Showers Pass Farms LLC Conditional Use Permit and Special Permit subject to the recommended conditions of approval (Attachment 1A). 11989 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval 11989 Attachment 1B - 11989 Cultivation Operations Plan Attachment 1C -11989 Site Plan Attachment 2 - Location Maps Attachment 3 - CEQA Addendum 11989 Attachment 4 - Applicant's Evidence in Support of Required Findings Attachment 4A - 11989 LSAA 11.14.19 Attachment 4B - 11989 Site Management Plan Attachment 4C - 11989 less-than-3-acre Conversion Exemption Attachment 4D - 10854 Well Completion Report Attachment 4E - Road Evaluation Attachment 4F - 10854 NSO Assessment Attachment 5 - Referral Agency Comments and Recommendations Attachment 5A - CDFW response 11989 Attachment 5B - CalFire Response Attachment 6 - Watershed Map Attachments: Marcas Land Co., Inc., Conditional Use Permit Assessor Parcel Numbers (APN) 317-033-008-000 Record No.: PLN-11099-CUP Pilot Ridge/Showers Pass area A Conditional Use Permit 19,595 square feet (sf) of pre-existing outdoor commercial cannabis cultivation and 1,142 sf of ancillary nursery area. Processing, including drying and trimming occurs in an existing building on-site. Water for irrigation is sourced from two permitted groundwater wells. The applicant estimates 577,500 gallons of water used for irrigation per year. Off-grid power is supplied by one generator and proposed solar arrays. The project is proposed to be conditioned to transition to 100 percent on-site renewable energy by January 1, 2026. 3. That the Planning Commission: 1. Adopt the Resolution (Resolution 24-__), (Attachment 1) which does the following: a. Finds the Planning Commission has considered the Mitigative Negative Declaration for the Commercial Medical Marijuana Land Use Ordinance and the Recommendation: Page 8COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA Addendum that was prepared for the Marcas Land Company, Inc. project); and b. Finds 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) 11099 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval Attachment 1B- Operations Plan 1.19.21 new '24 Attachment 1C- Site Plan Attachment 2 - Location Maps Attachment 3 - CEQA Addendum Attachment 4 - Applicant's Evidence in Support of Required Findings Attachment 4A - SMP & MRP Attachment 4B - LSAA Attachment 4C - Less than 3 acre conversion Attachment 4D - Riparian and Stream Assessment Attachment 4E - Environmental Superiority Plan_updated Attachment 4F - Well Reports Attachment 4G - Water RIght H501532 Attachment 4H - Road Evaluation Report Attachment 5 - Referral Agency Comments and Recommendations Attachment 5A - Referral_DEH Attachment 5B - Referral_Public Works Attachment 5C - Referral_CDFW Attachment 5D - Referral_CALFIRE Attachment 6 - Watershed Map Attachments: The Hills, LLC and Shadow Light Ranch, LLC; Conditional Use Permits and Special Permits Record Numbers: PLN-11638-CUP, PLN-11642-ZCC, PLN-11643-CUP (filed 12/2/2016) Assessor Parcel Numbers (APN) 223-061-003, 223-061-038, 223-061-039, 223-061-043, 223-061-046, 223-073-004 and 223-073-005 Garberville area Two Conditional Use Permits and a Zoning Clearance Certificate for continued commercial cannabis cultivation and two Special Permits for commercial cannabis processing, including packaging, and a wholesale nursery. The project site consists of three legal parcels, one of which is proposed to be retired from cannabis operations. The total commercial cultivation proposed is 60,940 square feet of existing cannabis, of which 50,940 square feet is outdoor and 10,000 square feet is mixed light. The project includes relocation and consolidation of cultivation areas to environmentally superior locations with the remediation of the retired 4. Page 9COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA cultivation areas. New development activities associated with this project include greenhouses for existing and relocated cultivation areas, a proposed 10,080 square foot wholesale nursery, which will also support on-site operations, a warehouse processing facility with support office space that would total up to 13,472 square feet, and employee housing of up to approximately 5,184 square feet. Water for irrigation purposes is anticipated to be approximately 756,900 gallons annually and is from an existing permitted groundwater well to be supplemented by rainwater catchment. Water for domestic purposes is from an existing spring. On-site power is currently provided by generators and solar and PG&E power is proposed. In addition to the cultivation operation, wholesale nursery, processing operations and employee housing, the proposed project also includes decommissioning and restoration of three existing on-site ponds. These actions are proposed to satisfy requirements associated with the December 2023 Stipulated Judgement from the Superior Court of California Case No. CV2001113. That the Planning Commission: 1. Adopt the resolution (Resolution 24-__), (Attachment 1) which does the following: a. Adopts the Mitigated Negative Declaration prepared for the project (SCH# 2024090687); and b. Adopts the Mitigation Monitoring and Reporting Program (Attachment 1B) prepared for the project; and c. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and d. Approves the Conditional Use Permits and Special Permits, subject to the recommended conditions of approval (Attachment 1A). Recommendation: Page 10COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 11638-11642-11643 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval Attachment 1B -MMRP Attachment 1C - Site Plan Attachment 2 - Vicinity Map Attachment 3 - Draft Initial Study & Mitigated Negative Declaration Attachment 3A - Appendix A - Vicinity Maps Attachment 3B - Appendix B - Site Plan Attachment 3C - 3G - Appendix C-G Attachment 3H - 3N - Appendix H-N Attachment 3O - Appendix O1-O4 Attachment 3P - 3U - Appendix P-U Attachment 4 - Applicant's Evidence in Support of Required Findings Attachment 4A - Wetland photos Attachment 4B - County Approved Road list Attachment 5 - Referral Agency Comments and Recommendations Attachment 5A - ref_Public Works Attachment 5B - ref_Environmental Health Attachment 5C - ref_Cal Fish and Wildlife Attachment 5D - ref_CALFIRE Attachment 6 - Public Comment Attachment 7A - 11638 Watershed Map Attachment 7B - 11642 Watershed Map Attachment 7C - 11643 Watershed Map Attachments: Laura Muzzy Conditional Use Permit Modification Record Number: PLN-2024-19013, PLN-12468-SP Assessor Parcel Number: 210-072-009-000 Carlotta area A modification to Conditional Use Permit PLN-12648-CUP to add a well as an additional water source for the project and increase the amount of water used for irrigation annually from 200,000 gallons to 759,480 gallons. The approved permit authorized 30,000 square feet of outdoor cannabis cultivation with a 3,000 square foot nursery. The proposed well on the project parcel is likely to be hydrologically disconnected from surface waters...end 5. That the Planning Commission: 1. Adopt the resolution (Resolution 24-__). (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 Recommendation: Page 11COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA Addendum that was prepared for the project; and b. Finds that the proposed project complies with the General Plan and Zoning Ordinance; and c. Approves the Conditional Use Permit Modification subject to the recommended conditions of approval (Attachment 1A). 19013 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval revised 11.7.2024 Attachment 1B - Cultivation & Operations Plan 8.20.2024 Attachment 1C - Site Plan Attachment 2 - CEQA Addendum Attachment 3 - 12468 PC Resolution with Conditions of Approval Attachment 4A - 19013 Well Hydrologic Report Final July 22 2024 Attachment 5 - Referral Agency Comments and Recommendations Attachment 6 - Watershed Map Attachments: Lynnette Chen Coastal Development Permit Assessor’s Parcel Numbers: 017-192-006 Record Numbers: PLN-2024-19041 Eureka area A Coastal Development Permit (CDP) for a repair of a damaged leach fields and tree removal of approximately 60 trees for structure protection for the existing residence and pump house for Humboldt Community Services District (HCSD). 6. That the Planning Commission: 1. Adopt resolutions (Resolution 24-__), (Attachments 1) which does the following: a. Finds that the proposed project complies with the Humboldt Bay Area Plan and Zoning Ordinance; and b. Finds the project exempt from CEQA pursuant to Section 15302(c) (Replacement or Reconstruction) and 15304 Minor Alterations to Land of the CEQA Guidelines, and that there is no substantial evidence that the project will have a significant effect on the environment; and c. Approves the Coastal Development Permit subject to the recommended conditions of approval (Attachment 1A). Recommendation: Page 12COUNTY OF HUMBOLDT

November 7, 2024Planning Commission AGENDA 19041 Staff Report 11.07.24 Attachment 1 - Draft Resolution Attachment 1A - Conditions of Approval Attachment 1B - Site Plan Attachment 2A - Biological Study Attachment 2B - Addendum to Biological Study Attachment 3A - ref_Callifornia Coastal Commision Attachment 3B - ref_CDFW Attachments: H. ITEMS PULLED FROM CONSENT I. REPORT FROM PLANNER J. PLANNING COMMISSION DISCUSSION ITEMS K. ADJOURNMENT L. NEXT MEETINGS: November 21, 2024 6:00 p.m. Regular Meeting - Hybrid December 05, 2024 6:00 p.m. Regular Meeting - Hybrid Page 13COUNTY OF HUMBOLDT