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55.1 MEDICAL MARIJUANA LAND USES: COASTAL

55.1.1 Authority and Title. Pursuant to the authority granted by Article XI, section 7 of the California Constitution, California Government Code section 25845, and California Health and Safety sections 11362.83 and 11362.768(f), the Board of Supervisors does hereby enact this Code, which shall be known and may be cited as the “Medical Marijuana Land Use Code”. (Ord. 2468, Sec. 1, 12/13/2011)

55.1.2 Purpose and Intent. The purpose and intent of the Medical Marijuana Land Use Code (“MMLUC” or “this Code”) is to regulate the cultivation of medical marijuana for personal use in a residence or detached accessory building in a manner that is consistent with State law and which promotes the health, safety, comfort, convenience, and general welfare of the residents and businesses within the unincorporated area of Humboldt County by balancing three primary needs: the needs of patients and their caregivers to have access to medical marijuana; the needs of residents, businesses, and communities to be protected from public health, safety, and nuisance impacts that can accompany the residential cultivation and processing of medical marijuana for an individual patient’s use; and the need to eliminate, or at least limit to the extent possible, the harmful environmental impacts that can accompany marijuana cultivation.

Despite the three needs identified above, nothing in this Code shall be construed to: allow persons to engage in conduct that endangers themselves or others, or causes a public nuisance as defined herein; allow the use or diversion of medical marijuana for non-medical purposes; or allow any activity relating to the cultivation, processing, distribution, or consumption of marijuana that is otherwise illegal under the laws of the State of California. This Code is not intended to criminalize any activity which is otherwise permitted under state law and it is not intended to authorize conduct that is otherwise prohibited by state law. (Ord. 2468, Sec. 1, 12/13/2011)

55.1.3 Findings. The Board of Supervisors of the County of Humboldt hereby finds and declares the following:

1)In 1996, California voters approved Proposition 215 (codified as Health and Safety Code section 11362.5, and entitled “The Compassionate Use Act of 1996”).

2)The intent of the Compassionate Use Act is to permit the cultivation and possession of medical marijuana for the personal use of a seriously ill patient without fear of criminal prosecution against the patient, the patient’s caregiver or the physician who recommended medical marijuana for the patient. The Act further provides that “nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes.”

3)In 2004, Senate Bill 420 (codified as Health and Safety Code sections 11362.7 et seq. and known as the “Medical Marijuana Program Act” or “MMPA”) was enacted to clarify the scope of the Compassionate Use Act.

4)Neither the Compassionate Use Act nor the Medical Marijuana Program Act address land use or building code issues that may arise from the residential cultivation or processing of medical marijuana for personal use within the County.

5)In August 2008, the California Attorney General issued Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use that were intended to further clarify California laws governing medical marijuana, and provide guidelines for patients and law enforcement to ensure that medical marijuana is not diverted for non-medical purposes.

6)The federal Controlled Substances Act (codified as 21 U.S.C. sections 801 et seq.) is a regulatory system designed to combat recreational drug abuse by making it unlawful to manufacture, distribute, dispense, or possess any controlled substance. The Act lists marijuana as a controlled substance, classifying it as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, which has no currently accepted medical use in treatment, and has not been accepted as safe for use under medical treatment.

7)The United States Congress has provided that states are free to regulate in the areas of controlled substances, including marijuana, provided that state law does not positively conflict with the Controlled Substances Act (see 21 U.S.C. 903). The California Attorney General, citing to California case law, has opined that neither the Compassionate Use Act nor the Medical Marijuana Program Act conflict with the Controlled Substances Act because, in adopting these laws, California did not legalize medical marijuana, but instead exercised the state’s reserved powers to not punish certain marijuana offenses under state law.

8)Law enforcement agencies report that depending upon the marijuana strain and whether it is grown indoors or outdoors, one plant may yield averages of roughly one-quarter to one and a half pounds of usable marijuana per plant. As of 2010, law enforcement indicates the value of illegal marijuana grown in the County to be roughly $1,500 to $4,000 per pound.

9)Due to the high monetary value placed upon marijuana, the County has experienced a number of home invasion robberies, thefts, and violent crimes, including homicides, related to marijuana cultivation. To defend against theft and armed robbery, some growers of marijuana have taken to arming themselves, which creates the potential for gunfire in the residential areas where indoor cultivation of marijuana is frequently occurring. The County has also experienced a number of residential fires from overloaded or improperly modified electrical systems used to power grow lights and exhaust fans for the cultivation of marijuana. Additionally, the County has experienced soil and water contamination due to leaks and improperly stored fuels and supplies for generators used to power grow lights and fans for off-the-grid marijuana grows.

10)Widespread indoor cultivation of marijuana in Humboldt County has led to a decrease in needed rental housing stock as rental homes are converted solely to structures to grow marijuana in, as well as excessive energy consumption to power the lights, fans, and other systems needed for a large indoor marijuana growing operation. As rental homes are converted to these grow structures, the character of the neighborhood around the grow structure deteriorates.

11)Marijuana that is grown indoors can lead to mold, mildew, and moisture damage to the building in which it is grown. Landlords, who thought they were renting a home for people to live in, later find that their property was turned into a structure to grow marijuana and extensively damaged by that use, requiring new flooring, walls, ceiling, electrical and plumbing work to return the home to a habitable state. Growing marijuana is susceptible to plant diseases, mold, mildew, and insect damage and may be treated with insecticides and herbicides that may harm human health when applied or when the chemical is disposed of in the trash or in the sewage disposal system.

12)Cultivation of marijuana may also result in private or public nuisances. Whether grown indoors or outdoors, marijuana plants, particularly as they mature, produce a distinctive odor that is often detectable far beyond property boundaries. This strong, distinctive odor can interfere with neighboring owners’ use and enjoyment of their property. In addition, this odor of growing or “green” marijuana may alert malefactors to the location where marijuana is grown and thereby create the risk of burglary and robbery at that location.

13)The right of qualified patients and their primary caregivers under state law to possess and cultivate marijuana for personal medical purposes does not confer upon them a right to create or maintain a nuisance. By adopting this Code, which regulates the land use aspects of indoor residential cultivation of medical marijuana for personal use, the County anticipates a significant reduction in complaints regarding medical marijuana-related odors and residential mold and moisture issues affecting rental housing stocks, as well as a decrease in crime and fires related to the indoor cultivation and processing of medical marijuana.

14)The County finds that while the need for qualified patients and/or their caregivers to use and cultivate marijuana is authorized by state law, the potential land use impacts to the environment and to public health, safety and welfare as identified, necessitates that the County create regulations, such as this Code, to govern the indoor cultivation of medical marijuana in a residence for personal use in the County of Humboldt.

15)The County finds that the indoor cultivation of more than fifty (50) square feet of medical marijuana that is more than ten (10) feet tall per residence or detached accessory building, as defined herein, within the unincorporated area of the County will result in an unreasonable risk of crime, fire, and other nuisance-related impacts such as odors offensive to people living or working or recreating nearby, as well as resulting in the deterioration of the neighborhood character, decrease in rental housing stock, and excessive energy consumption and carbon dioxide emissions, along with the potential for diesel fuel and oil pollution from generators. The indoor cultivation of more than fifty (50) square feet of medical marijuana that is more than ten (10) feet tall per residence or detached accessory building is hereby found and declared to be unlawful and a public nuisance.

16)The County further finds that the indoor cultivation of fifty (50) square feet or less of medical marijuana that is ten (10) feet tall or less per residence or detached accessory building, which is subordinate, incidental, and accessory to the residential use, within the unincorporated area of the County will achieve the goals of allowing qualified patients the ability to cultivate medical marijuana in their residence for their personal use, while minimizing, to the extent possible, the negative impacts on the neighbors, the neighborhood, local businesses, and the community from a qualified patient’s medical marijuana cultivation and processing. (Ord. 2468, Sec. 1, 12/13/2011)

55.1.4 Applicability and Interpretation.

1)The indoor cultivation and processing of medical marijuana for personal use in a residence or detached accessory building within the jurisdiction of the County of Humboldt shall be controlled by the provisions of this Code, regardless of whether the cultivation or processing existed or occurred prior to the adoption of this Code.

2)Nothing in this Code is intended, nor shall it be construed, to exempt any indoor residential cultivation of medical marijuana for personal use, from compliance with the Humboldt County zoning and land use regulations, or all applicable local and state construction, electrical, plumbing, land use, or any other building or land use standards or permitting requirements, or any other applicable provisions of the County Code, or any other applicable state or federal laws.

3)Nothing in this Code is intended, nor shall it be construed, to preclude a landlord from limiting or prohibiting marijuana cultivation, smoking, or other related activities by tenants.

4)The definitions in this Code are intended to apply to the MMLUC. Applicable definitions in Humboldt County Code section 313-135 et seq. and section 111-1 et seq. may also apply to this Code. (Ord. 2468, Sec. 1, 12/13/2011)

55.1.5 Severability. If any section, subsection, sentence, clause, portion, or phrase of this Code or the application thereof, is held invalid, illegal, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any other portions of this Code. The County hereby declares that it would have passed this Code and each section, subsection, sentence, clause, portion, or phrase hereof, regardless of the fact that any one or more section, subsection, sentence, clause or phrase has been declared illegal, invalid, or unconstitutional. (Ord. 2468, Sec. 1, 12/13/2011)

55.1.6 Penalties. All of the remedies provided for in this section shall be cumulative and not exclusive for violations of this Code. (Added by Ord. 2468, Sec. 1, 12/13/2011)

Any violation of this Code shall be, and the same hereby is declared to be, unlawful and a public nuisance and shall be subject to injunction, abatement or any other remedy available to the County under the applicable state and county laws, including the County’s abatement and administrative penalty procedures.

55.1.7 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Code:

Cultivation of Medical Marijuana for Personal Use: cultivation and processing of medical marijuana indoors in a residence or detached accessory structure by a qualified patient, or the primary caregiver on behalf of a qualified patient, which does not exceed fifty (50) square feet or ten (10) feet in height.

Detached Accessory Building - Residential: a building which is a) incidental and subordinate to the residence or residential use, b) located on the same parcel, and c) does not share at least ten (10) feet of common wall with the residence or other accessory building. A greenhouse may be considered a Detached Accessory Building if it is a fully enclosed, secure and lockable structure that has a roof supported by connecting walls extending continuously to a perimeter foundation or equivalent base to which the connecting walls are securely attached.

Indoor(s): within a fully enclosed and secure structure that has a roof supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached.

Medical Marijuana: marijuana, including concentrated cannabis or hashish, that has been recommended to an individual by a licensed physician for the treatment of an illness or disease pursuant to California Health & Safety 11362.5 et seq.

Personal Medical Marijuana: medical marijuana that is cultivated, processed, or stored for a single qualified patient’s use.

Primary Caregiver: an individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of that patient pursuant to statutory and case law.

Qualified Patient: a person who has a recommendation for medical marijuana by a California-licensed physician, and who is entitled to the protections offered by California Health & Safety Code Section 11362.5, and who may or may not have an identification card issued by the State Department of Public Health identifying the individual as a person authorized to engage in the use of medical marijuana.

Residence: any structure designed or used for residential occupancy, regardless of whether it is located in a residential zone.

Residential Cultivation: the growing of fifty (50) square feet or less that is ten (10) feet or less in height of medical marijuana indoors within a residence or detached accessory structure, as defined herein. Such cultivation shall be for a qualified patient’s personal use and must be subordinate, incidental, and accessory to the residential use. (Ord. 2468, Sec. 1, 12/13/2011)

55.1.8 Indoor Residential Cultivation for Personal Use. The County shall not interfere with an individual qualified patient’s indoor residential cultivation of medical marijuana for that patient’s personal use in the inland zones, so long as the cultivation is in conformance with this Code and state law.

In order to eliminate the potential nuisance and health and safety impacts to the greatest extent possible, indoor residential medical marijuana cultivation and processing for personal use shall be in conformance with the following standards:

1)Medical marijuana cultivation in a residence shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and

2)Medical marijuana cultivation in detached accessory buildings shall not exceed fifty (50) square feet or exceed ten (10) feet in height per residence on a parcel; and

3)A total of fifty (50) square feet of indoor medical marijuana cultivation for personal use, which does not exceed ten (10) feet in height, is permitted for each residence on a parcel, regardless of whether the cultivation occurs in a residence or in a detached accessory building. In no case shall a residence or a detached accessory building have a total of more than fifty (50) square feet or more than ten (10) feet in height of medical marijuana cultivation area per residence on the parcel, regardless of the number of qualified patients or primary caregivers residing at the residence or participating directly or indirectly in the cultivation; and

4)The medical marijuana cultivation and processing area in the residence or detached accessory building shall be indoors, as defined herein, posted with a legible copy of the individual patient’s medical marijuana recommendation, secured against unauthorized entry, and maintained for the exclusive use of the qualified patient; and

5)Grow lights for medical marijuana cultivation for personal use in a residence or a detached accessory building shall not exceed 1200 watts total; and

6)All electrical equipment used in the indoor cultivation of medical marijuana in a residence or a detached accessory building shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the residential cultivation of medical marijuana is prohibited; and

7)The use of gas products (CO2, butane, etc.) for indoor medical marijuana cultivation or processing in a residence or a detached accessory building is prohibited; and

8)No toxic or flammable fumigant shall be used for indoor cultivation of medical marijuana in a residence or a detached accessory building unless the requirements of section 1703 of the California Fire Code have been met; and

9)On parcels that contain more than one residence, no odor of medical marijuana shall be detectable from the exterior of the residence or detached accessory building by a person of ordinary senses. On parcels that contain only one residence, no odor of medical marijuana shall be detectable from the property boundaries by a person of ordinary senses. To achieve this, the medical marijuana cultivation area shall be, at a minimum, mechanically ventilated with a carbon filter or other superior method to prevent the odor of marijuana from escaping the indoor cultivation area and negatively impacting neighbors and the surrounding community. Ventilation systems shall be installed in a manner that facilitates decommissioning and a return of the cultivation area to non-cultivation residential uses; and

10)From a public right of way, neighboring properties, or neighboring housing units, there shall be no visual or auditory evidence of indoor medical marijuana cultivation at the residence or detached accessory building that is detectable by a person of ordinary senses; and

11)Medical marijuana cultivation, processing, or transfers in a residence or detached accessory building are prohibited as a Cottage Industry or a Home Occupation, and are not eligible for an address of convenience; and

12)No sale, trading, or dispensing of medical marijuana is allowed on a parcel where residential cultivation of medical marijuana occurs; and

13)The qualified patient shall not cultivate medical marijuana for his or her personal use in more than one residence or detached accessory building within the jurisdiction of the County of Humboldt; and

14)The residence where medical marijuana is grown indoors for personal use shall maintain a kitchen and bathroom(s) for their intended use, and the kitchen, bathroom(s), and bedroom(s) shall not be used primarily for medical marijuana cultivation; and

15)No effluent, including but not limited to waste products, chemical fertilizers or pesticides shall be discharged into drains, septic systems, community sewer systems, water systems or other drainage systems including those that lead to rivers, streams and bays as a result of indoor residential cultivation of medical marijuana; and

16)The indoor residential cultivation of medical marijuana shall not adversely affect the health or safety of residents, neighbors, or nearby businesses by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes associated with the cultivation of medical marijuana; and

17)The indoor residential cultivation of medical marijuana must comply with all applicable state and county laws, including fire and building codes.

18)A waterproof membrane or other waterproof barrier shall be installed in the cultivation area or beneath individual plants to protect the floor of the indoor cultivation area from water damage.

55.4 COMMERCIAL CULTIVATION, PROCESSING, MANUFACTURING, DISTRIBUTION, TESTING, AND SALE OF CANNABIS LAND USE REGULATION FOR THE COASTAL ZONE IN THE COUNTY OF HUMBOLDT

55.4.1 Authority and Title. This section (hereafter all references to “this section” means Section 313-55.4 et seq. of the Humboldt County certified coastal zoning regulations) shall be known as the Coastal Commercial Cannabis Land Use Ordinance (“CCCLUO”), regulating the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the Coastal Zone Area of the County of Humboldt.

55.4.2 Purpose and Intent. The purpose of this section is to establish land use regulations concerning the commercial cultivation, processing, manufacturing, distribution, testing, and sale of cannabis for medicinal or adult use within the County of Humboldt in order to encourage safe, reasonable and responsible growth that reduces negative impacts on our community and environment and increases public awareness and community health and safety, while creating a clear and attainable path for operators to follow and authorities to enforce, and while protecting coastal resources consistent with the California Coastal Act, Public Resources Code Section 30000 et seq., as part of the County of Humboldt’s Local Coastal Program.

These regulations are intended to ensure the public health, safety and welfare of residents of the County of Humboldt, visitors to the County, persons engaged in regulated commercial cannabis activities including their employees, neighboring property owners, and end users of medicinal or adult use cannabis; to protect the environment from harm resulting from cannabis activities, including but not limited to streams, fish, and wildlife, residential neighborhoods, schools, community institutions and tribal cultural resources; to ensure the security of State-regulated medicinal or adult use cannabis; and to safeguard against the diversion of State-regulated medicinal or adult use cannabis for purposes not authorized by law. To this end, these regulations identify where in the County the various types of commercial cannabis activities can occur, and specify what type of permit is required, the application process and the approval criteria that will apply.

This section is not intended to supersede the provisions of Health and Safety Code Section 11357, 11358, 11362.1, 11362.2, or 11362.5 with respect to the possession or cultivation of limited amounts of cannabis for personal use by qualified patients or persons twenty-one (21) years of age or older.

55.4.3 Applicability and Interpretation.

55.4.3.1All facilities and activities involved in the commercial cultivation, processing, manufacturing, and distribution, testing, and sale of cannabis within the jurisdiction of the County of Humboldt within the Coastal Zone shall be controlled by the provisions of this section, regardless of whether those activities existed or occurred prior to the adoption of this section. This section is not intended to supersede the provisions of Section 313-55.1 or 313-55.2, excepting Sections 313-55.4.3.6, 313-55.4.3.7, and 313-55.4.10.1.

55.4.3.2Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from compliance with all other applicable Humboldt County zoning, land use, grading, and streamside management area coastal development permit regulations as well as other applicable provisions of the County Code.

55.4.3.3Nothing in this section is intended, nor shall it be construed, to exempt the commercial cultivation, processing, manufacture, or distribution of cannabis from any and all applicable local and State construction, electrical, plumbing, water rights, waste water discharge, water quality, streambed alteration, endangered species, or any other environmental, building or land use standards or permitting requirements.

55.4.3.4The definitions in this section are intended to apply solely to the regulations in this section. Applicable definitions in Section 313-135 et seq. may also apply to this section.

55.4.3.5A zoning clearance certificate or permit issued by the County of Humboldt pursuant to the CCCLUO for any commercial cannabis activity regulated by this section, or Section 313-55.3, shall be valid for either adult use or medicinal use State licensed commercial cannabis activities, or both, if so allowed pursuant to State statute or regulation.

55.4.3.6Wherever the word “marijuana” appears in any provision of the Humboldt County Code, it shall also be deemed to apply or refer to “cannabis.”

55.4.3.7Wherever the terms “medical marijuana,” “medical cannabis,” “marijuana for medical use,” or “cannabis for medical use” may appear in regulations in the Humboldt County Code, the regulations shall also apply equally to the adult use of cannabis by persons twenty-one (21) years of age or older.

55.4.3.8The commercial cultivation of cannabis is a highly regulated specialty crop and the cultivation and processing of that specialty crop shall not be allowed as a principal permitted use under the General Agriculture use type classification applicable within the County of Humboldt. Commercial cannabis cultivation requires County issuance of a zoning clearance certificate, special permit, coastal development permit or use permit, and the person engaged in such activity must obtain all required State licenses and permits.

55.4.3.9Other than as enumerated in this section, commercial cannabis activities in the County of Humboldt are prohibited in any other zoning district other than those zoning districts where it is expressly permitted.

55.4.3.10The fact that an applicant possesses other types of State or County or city permits, licenses or other entitlements does not exempt the applicant from the requirement of obtaining a zoning clearance certificate, special permit, coastal development permit or use permit from the County of Humboldt to engage in commercial cannabis activities within the jurisdiction of the County.

55.4.3.11No ministerial permit shall be granted for site development activities, including but not limited to grading or building permits, related to any commercial cannabis activity in advance of issuance of the zoning clearance certificate, special permit, coastal development permit or use permit required under this section.

55.4.3.12 Severability. If any provision of this section, or the application thereof, is held invalid, that invalidity shall not affect any other provision or application of this section that can be given effect without the invalid provisions or application; and to this end, the provisions or application of this section are severable.

55.4.4 Definitions.

“Area of traditional tribal cultural affiliation” means geographic areas of historic occupancy and traditional cultural use by local indigenous peoples (California Native American tribes), as shown on the latest mapping prepared by the Planning and Building Department, created from geographic information supplied by the tribes of Humboldt County.

“Cannabis” or “marijuana” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. “Cannabis” also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. For the purpose of this section, “cannabis” does not mean “industrial hemp” as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

“Cannabis cooperative association” means an association formed or reorganized in accordance with Chapter 22, Division 10 of the Business and Professions Code commencing with Section 26220.

“Cannabis research garden” means a cannabis cultivation facility engaged in the research or development of cannabis, cannabis strains, or cultivars for the medicinal or adult use of cannabis but which does not produce product for commercial distribution, manufacture, dispensing, or sale.

“Cannabis testing and research laboratories” means a facility, entity, or site that offers or performs tests of cannabis or cannabis products licensed by the State of California pursuant to Business and Professions Code Section 26000 et seq., and businesses and research institutions engaged in the research of cannabis, cannabis products, or devices used for the medicinal or adult use of cannabis products at which no commercial cannabis cultivation or distribution, manufacture, dispensing, or sale of medical cannabis occurs.

“Captured rainfall” means rainwater catchment of rainfall runoff primarily collected during the wet season from roof tops, impervious surfaces, driveways, and similar features to the extent consistent with State law for rainwater capture, and concentrated and stored in tanks, or off-stream reservoirs, retention ponds, or basins located on the parcel(s) or premises. Also includes rainfall captured and collected directly within a reservoir, open tank, or similar vessel.

“Category 4 Roads” means roads meeting the standards specified in Section 4-1 (Design Standards for Roadway Categories) and Figure 4 of the Appendix to the Subdivision Regulations, found in Appendix to Title III, Division 2.

“Commercial cannabis activity” means any activity involving the cultivation, processing, distribution, manufacturing, testing, sale, or related activities, of cannabis for commercial purposes.

“Commercial cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana or cannabis, including nurseries, that is intended to be processed, manufactured, distributed, dispensed, delivered, and sold.

“Community propagation center” means a facility providing for propagation activities as well as caretaking of mature nonflowering plants by one (1) or more licensees, using grid power, at a premises which is separate from the cultivation site.

“Cultivation area” means the sum of the area(s) used for cannabis cultivation, calculated in square feet and measured using clearly identifiable boundaries around the perimeter of all area(s) that will contain plants at any point in time, including all the space within the boundary as shown on the approved plot plan. Cultivation area shall include the maximum anticipated extent of all vegetative growth of cannabis plants to be grown to maturity on the premises. Between January 1st and January 31st of any given year, applicants with approved permits for cannabis cultivation may submit a written declaration on forms provided by the County that they will reduce the size of their approved cultivation area for that year. The County shall assess taxes for cannabis cultivation on the site based on the reduced area of cultivation in the declaration. See also “propagation.”

“Cultivation site” means the location or a facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, except where drying, curing, grading or trimming is otherwise prohibited.

“Dispensary” is a facility where commercial cannabis, commercial cannabis products, or devices for the use of commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers commercial cannabis and commercial cannabis products as part of retail sale.

“Distribution facility” as used in this section related to cannabis means a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers, and performs or coordinates the inspection, quality assurance, batch testing, storage, labeling, packaging and other related processes, as well as transportation to or from other licensees.

“Driveway” means a route providing private vehicular access, serving one (1) or two (2) parcels or premises.

“Dry farming” means cultivation where irrigation activities are confined to ancillary propagation areas and transplant, and plants spend the majority of the cultivation season being grown within native soil where they primarily receive water via subsurface hydrological connectivity, and not from above ground irrigation.

“Enclosed” means commercial cannabis cultivation activities conducted within an enclosed structure employing mechanical ventilation controls in concert with carbon filtration or other equivalent or superior method(s) minimizing the odor of cannabis outside of the structure. The use and intensity of artificial light, not the fact of enclosure, will determine whether the cultivation site is characterized as outdoor, mixed-light or indoor.

“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

“Extraction, flammable” means using compressed and uncompressed liquid solvents such as pentane, hexane, butane, propane, and the like to make cannabis concentrates/oil (closed loop only). Also included in this definition is post-extraction refinement, which is taking previously extracted cannabis concentrates and further refining through processes such as chromatography, to make distillates.

“Extraction, nonflammable” means the manufacture of cannabis products using cold water, heat press, lipid (butter, milk, oil) or other nonchemical extraction method make bubble hash, kief, rosin, cannabis-infused lipid, etc. Ethanol, alcohol, and CO2-based solvent extraction to make cannabis concentrates/oils are also included in this definition.

“FEIR” means the Final Environmental Impact Report for the CCCLUO certified by the County on May 8, 2018, under Resolution No. 18-40 for the amendments to the zoning regulations, known as the CCCLUO, prepared in compliance with the California Environmental Quality Act (CEQA), which includes mitigation and implementation measures and a Mitigation Monitoring and Reporting Plan to mitigate or avoid significant effects on the environment.

“Flowering” means that a cannabis plant has formed a mass of pistils measuring greater than one-half (1/2) inch wide at its widest point.

“Forbearance period” means the calendar days during which water may not be diverted from a waterbody or extracted from a well. The default forbearance period shall occur each year between May 15th and October 31st, unless a greater or lesser period is established or negotiated by local and/or State agencies.

“Greenhouse” means an agricultural accessory structure typically constructed with transparent or translucent panels used for indoor, outdoor, or mixed-light commercial cannabis cultivation.

“Grid power” means electricity generated, transmitted and distributed via the electrical grid by a public utility or similar entity.

“Indoor” means cultivation within a structure primarily or exclusively using artificial lighting.

“Infusion” means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation (e.g., oil, milk, butter, other lipids) to produce a cannabis product including: edibles such as baked goods, tinctures, lotions and salves, soaps, vape pens, and the like.

“Irrigation” means use of water by any commercial cannabis cultivation activity.

“Licensee” means a person issued a State license to engage in commercial cannabis activity.

“Local water source” means water withdrawal from a waterbody occurring on the same parcel(s) or premises, or in their vicinity.

“Manufacturing” means a process whereby the raw agricultural product is transformed into a concentrate, an edible product, or a topical product, and the production, preparation, propagation, or compounding of cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

“Metering device” means a device capable of measuring the rate of: direct diversion, collection to storage, and withdrawal or release of water from storage.

“Microbusiness” means a facility host to several commercial cannabis activities under a single license including cultivation on an area less than ten thousand (10,000) square feet, distribution, manufacturing without use of volatile solvents, and retail sales.

“Mixed-light” means cultivation using a combination of natural and supplemental artificial lighting.

“Nondiversionary water source” means not involving the withdrawal of water from a waterbody.

“Nonforested areas” means areas not growing any trees, whether due to natural conditions or through a lawfully permitted conversion of timberland, conducted prior to January 1, 2016. For purposes of this section, nonforested areas refer to those lands with a land use designation other than coastal commercial timberland (TC).

“Nursery” means a facility that produces only clones, immature plants, and seeds for wholesale to licensed cultivators to be used specifically for the planting, propagation, and cultivation of cannabis, or to licensed distributors.

“Off-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged when conducted at premises separate from the cultivation site where the processed cannabis is grown and harvested.

“On-site processing facility” means the location or facility where cannabis is dried, cured, graded, trimmed, and/or packaged by or under the control of one (1) or more licensed cultivators, when conducted at the same premises or parcel which is host to the cultivation site(s) where the cannabis is grown and harvested.

“Open air” means outdoor or mixed-light cultivation activities, nurseries, or processing facilities, where not conducted entirely within an enclosed structure.

“Outdoor” means cultivation using no artificial lighting.

“Parcel” means the same as the definition of “lot” found under Section 313-147.

“Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. “Person” also includes the chief executive officer or a member of the board of directors of a business entity, or any individual participating in the direction, control, or management of the permit holder.

“Person” does not include business entities with an aggregate ownership interest of less than twenty percent (20%) in the individual or entity holding the permit or less than five percent (5%) of the total shares of a publicly traded company holding a permit. Individuals, banks, or financial institutions whose only interest constitutes a loan, lien, or encumbrance, or whose interest occurs through a mutual fund, blind trust, or similar instrument, shall not be considered a “person” for purposes of this section.

“Preexisting cultivation site” means a physical location where outdoor, mixed-light, or nursery cannabis cultivation activities occurred at any time between January 1, 2006, and December 31, 2015, and which has been recognized by the Planning and Building Department, following receipt and review of adequate evidence, as potentially eligible for provisional permitting pursuant to this section. The maximum cultivation area that may be recognized for the purpose of provisional permitting of an unauthorized preexisting cultivation site is the largest extent of the area under concurrent cultivation at a single point in time during the ten (10) year period specified above up to the maximum allowed pursuant to this section, whichever is smaller.

“Premises” means a parcel, or a portion thereof, such as a leasehold interest in agricultural land for agricultural purposes of outdoor, mixed-light, or indoor cultivation or processing of cannabis, or a leased or owned space in an industrial or commercial building or parcel for purposes of indoor, mixed-light, or outdoor cultivation, processing, manufacture, distribution, testing or retail sale of cannabis.

“Prime agricultural soils” means all lands which have been classified or determined to be “prime” as shown on the most current mapping managed and prepared in concert with local soil survey efforts performed by the Natural Resources Conservation Service.

“Private roads” means all roads which are not maintained by the County of Humboldt, or State or Federal agencies.

“Propagation” means cultivation of immature, nonflowering cannabis plants. Areas used for propagation which are incidental, accessory, and subordinate to cultivation areas on the same parcel or premises may be excluded from the calculation of cultivation area at the discretion of the Planning Director or Hearing Officer. See also “cultivation area.”

“Public or private water supplier” means a retail water supplier, as defined in Section 13575 of the Water Code, including community services districts or similar public or private utilities, serving eleven (11) or more customers, whose primary beneficial use of water is municipal or domestic. “Public park” means land that is publicly owned or controlled for the purpose of providing recreation and/or open space for public use and/or wildlife habitat.

“Publicly maintained roads” means all roads that are available for year-round travel by the general public and maintained by the County of Humboldt, or State or Federal agencies.

“Renewable energy source” means electrical power provided by a renewable energy system and/or grid power, supplied from a one hundred percent (100%) renewable source.

“Renewable energy system” means equipment for generating and supplying power without use of petroleum or other fossil fuels, and instead using appropriate technology including but not limited to: wind turbines, photovoltaic panels, and hydroelectric systems, in concert with private devices and systems for energy storage and distribution including batteries, grid inter-tie, or other means.

“Retailer” means a facility for the retail sale and delivery of cannabis to the public, whether for medicinal or adult use. “Retailer” shall include medical cannabis dispensaries, as defined in and regulated by Section 313-55.3.

“Same practical effect” means an exception or alternative with the capability of providing equivalent access characteristics, including but not limited to: accommodating safe two (2) way travel and traffic by regular users in passenger vehicles, and access by emergency wildland fire equipment and simultaneous safe civilian evacuation in the event of a wildland fire.

“Shared use road systems (roadsheds)” means networks of public and/or private shared use roads providing access to two (2) or more parcels, where year-round access through neighboring road systems is typically limited to one (1) or two (2) discrete intersections. The County shall define the location and general extent of all roadsheds, based upon current conditions and use.

“Shared use roads” means public and private road systems providing access to the cultivation site, including driveways, serving three (3) or more parcels or premises.

“Slope” means natural grade as defined in Section 313-142, which has not been filled or graded after January 1, 2016.

“State license,” or “license,” means a State license issued pursuant to Business and Professions Code Section 26000 et seq.

“Stored water” means water from captured rainfall or a local water source, when diverted and stored for noncontemporaneous irrigation.

“Timberland” means land which is growing or available for and capable of growing a crop of trees of any commercial species used to produce lumber and other forest products, as defined under Section 4526 of the Public Resources Code.

“Tribal ceremonial sites” means locations where ceremonial activities are conducted by a California Native American tribe within their area of traditional tribal cultural affiliation.

“Tribal cultural resources” means sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe, including unique archaeological resources and historical resources as described under Sections 21074, 21083.2(g), and 21084.1 of the Public Resources Code, respectively. “Tribal cultural resource” shall also include sites or resources identified by the tribe through an action of the Tribal Council or equivalent body.

“Tribal lands” for the purposes of this section means land within the boundaries of a reservation or rancheria, land held in trust by the United States of America for a tribe outside the boundaries of a reservation or rancheria, land owned by the tribe associated with a reservation or rancheria or other land held in trust for that tribe, fee parcels owned by members of the tribe within a reservation or rancheria of that tribe, and fee parcels located within the boundaries of a reservation or rancheria, owned by non-tribal members.

“Waterbody” means any significant accumulation of water, such as lakes, ponds, rivers, streams, creeks, springs, seeps, artesian wells, wetlands, canals, groundwater from a subterranean stream flowing through a known and definite channel, or similar features. “Waterbody” shall not include off-stream constructed reservoirs filled exclusively using nondiversionary sources such as captured rainfall.

55.4.5 General Provisions Applicable to Commercial Cannabis Activity Land Use Permits.

55.4.5.1 Special Area Provisions. In addition to the permit application requirements of Section 313-55.4.11, permit applications for commercial cannabis activities shall demonstrate compliance with special area provisions of Sections 313-55.4.5.1.1 through 313-55.4.5.1.3 and all applicable performance standards of Section 313-55.4.12 et seq.

55.4.5.1.1No commercial cannabis activity shall be permitted within six hundred (600) feet of a school.

55.4.5.1.2No commercial cannabis activity shall be permitted within tribal lands without the express written consent of the tribe.

55.4.5.1.3Notwithstanding any other provision of the certified LCP, no commercial cannabis activity shall be permitted within one hundred (100) feet, at a minimum, of environmentally sensitive habitat area (ESHA), as defined in Section 313-143 (“Habitat Areas, Environmentally Sensitive”), or wetland, as defined in Section 313-158. In some cases, local coastal land use plans may require setbacks from wetlands and riparian areas to be greater than one hundred (100) feet. In addition, the buffer requirements of the biological resources protections performance standard (Section 313-55.4.12.1.10) shall apply to all commercial cannabis activity.

55.4.5.1.4 City Spheres of Influence, Community Planning Areas, Tribal Lands.

55.4.5.1.4.1A conditional use permit shall be required for any commercial cannabis activity where located within the sphere of influence (SOI) of any incorporated city or within any of the following mapped community planning areas (CPAs): McKinleyville, Shelter Cove, and Trinidad-Westhaven. A conditional use permit shall also be required for any commercial cannabis activity where located within one thousand (1,000) feet of any incorporated city, tribal lands, or any of the identified community planning areas (CPAs). For purposes of determining the Trinidad Planning Area, the Trinidad General Plan shall be utilized.

55.4.5.1.4.2 Early Notification to Surrounding Areas, Nearby Cities, and Tribes. Whenever a permit application for a commercial cannabis activity is located within any of the areas specified in Section 313-55.4.5.1.4.1 and has been determined complete for processing in accordance with Section 312-6.1, notice of the proposed project shall be provided to all property owners and occupants by first class mail to the address(es) shown on the latest assessment roll within one thousand (1,000) feet of the perimeter of the parcel on which a permit is being requested. The notice shall include the location of the project and a description of the size and type of activity proposed.

The appropriate city or tribe shall also be notified in cases where a project is located within one thousand (1,000) feet of the city limit or boundary of tribal lands, or within the city’s sphere of influence or tribe’s ancestral area. This notice shall be in addition to the notice that may be required by Section 312-8.1 or 312-8.3. Pursuant to Section 312-9.2.3, a written request that a public hearing be held may be submitted at any time prior to the Hearing Officer’s administrative decision on a project.

55.4.5.1.4.3The Hearing Officer shall consider the potential impacts and cumulative impacts of proposed cannabis activities upon the community as a whole, including impacts to neighboring uses within cities or their SOIs and buffers, and to residents within CPAs, or tribal land. The Hearing Officer shall have the discretion to deny any discretionary permit application within these areas if it is found, based on substantial evidence in the record, that the impacts of a proposed activity on the existing uses will have a significant adverse effect on the public health, safety, or welfare.

55.4.5.1.5 Areas of Traditional Tribal Cultural Affiliation. The County shall engage with local tribes before consenting to the issuance of any clearance or permit, if commercial cannabis activities occur or are proposed within an area of traditional tribal cultural affiliation. This process will include referral of the project to and engagement with the tribe(s) through coordination with their Tribal Historic Preservation Officer (THPO) or other tribal representatives. This procedure shall be conducted similar to the protocols outlined under SB 18 (Burton) and AB 52 (Gatto), which describe “government to government” consultation, through tribal and local government officials and their designees. During this process, the tribe may request that operations associated with the clearance or permit be designed to avoid, minimize or mitigate impacts to tribal cultural resources, as defined herein. Examples include, but are not limited to: conducting a site visit with the THPO or their designee to the existing or proposed cultivation site, requiring that a professional cultural resources survey be performed, or requiring that a tribal cultural monitor be retained during project-related ground disturbance within areas of sensitivity or concern. The County shall request that a records search be performed through the California Historical Resources Information System (CHRIS).

55.4.5.2 Release of Liability, Indemnification, and Hold Harmless. As part of the application for any zoning clearance certificate, special permit, coastal development permit or use permit for commercial cannabis activity, as defined herein, the property owner and permittee shall indemnify and hold harmless the County of Humboldt and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the commercial cannabis activity and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of these uses.

55.4.5.3 Penalties and Enforcement. All of the remedies provided for in this section shall be cumulative and not exclusive of remedies available for violations under any other section of the County Code, or other law.

Any violation of this section, including but not limited to failure to obtain and maintain compliance with any required clearance certificate or permit specified in this section, shall be, and the same hereby is declared to be, a public nuisance and unlawful and shall be subject to injunction, abatement or any other administrative, civil, or criminal remedy available to the County under the applicable State and County laws, specifically including those set forth in Chapter 1 of Division 5 of Title III. Development that exceeds the minimum necessary to abate the public nuisance requires a coastal development permit.

Whenever permit applicants seeking permits for commercial activities initiate operations ahead of permit issuance, or preexisting cultivation site operators seeking provisional permits expand cultivation operations ahead of permit issuance, the Director shall have discretion to:

55.4.5.3.1Issue stop work orders and financial penalties to applicants found to have engaged in the above activities, and require restoration of the site to prior condition;

55.4.5.3.2Disqualify the pending applications, with no refund of fees submitted, and initiate enforcement proceedings;

55.4.5.3.3Resolve the violations and proceed with processing of the application.

55.4.5.4 Permit Limits and Permit Counting.

55.4.5.4.1No more than eight (8) acres of commercial cannabis cultivation permits may be issued to a single person within the County of Humboldt. For purposes of this limitation, any natural person who owns or controls any interest, directly or indirectly, in a firm, partnership, joint venture, association, cooperative, collective, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit shall be collectively considered a single person with those entities. No more than ten (10) persons shall be granted permits authorizing three (3) or more acres of cultivation pursuant to the provisions of Section 313-55.4.6.1.2.1.

55.4.5.5 Combination of Open Air Cultivation Activities. A combination of outdoor and mixed-light cultivation activities may be authorized for a total area equal to or less than the cultivated area size limit for the applicable permit being sought (e.g., a combination of outdoor and mixed-light cultivation area of up to ten thousand (10,000) square feet may be permitted on a parcel).

55.4.5.6 Term of Commercial Cannabis Activity Clearance or Permit. Authorization for any commercial cannabis activity zoning clearance certificate, special permit, coastal development permit or use permit issued pursuant to this section shall terminate after one (1) year after date of issuance, and on the anniversary date of such issuance each year thereafter, unless an annual compliance inspection has been conducted and the permitted site has been found to comply with all conditions of approval, applicable eligibility and siting criteria, and performance standards.

55.4.5.7 Annual Inspections. Annual compliance inspections are required, pursuant to Section 313-55.4.5.6. If the inspector or other County official determines that the site does not comply with the conditions of approval, the inspector shall serve the clearance certificate or permit holder with a written statement identifying the items not in compliance, and the action that the permit holder may take to cure the noncompliance and the time period within which the noncompliance must be corrected. The statement shall also advise the clearance certificate or permit holder of their right to file an appeal of the noncompliance statement within ten (10) calendar days of the date that the written statement is delivered to the permit holder, or after the date of any reinspection if there is a dispute about whether or not the corrections have been completed.

Email, personal delivery, or mail are appropriate means of delivering the written statement. Where mailed or emailed, the written statement shall be sent to the most current mailing address or email shared with the Department by the operator. The statement shall be considered to be delivered three (3) days following the postmarked date of mailing or verification of email transmittal. The permit holder may request a reinspection to determine whether or not the permit holder has cured all issues of noncompliance. Failure to request reinspection and cure any items of noncompliance within the prescribed timeframes, or to timely file an appeal, shall terminate the zoning clearance certificate, special permit, coastal development permit or use permit, immediately upon the expiration of any appeal period, or final determination of the appeal if an appeal has been timely filed.

55.4.5.8 Appeal of Inspection Determination. Within ten (10) calendar days after delivery of the statement of noncompliance, or the date of any reinspection, the determination by the inspector that the site is not in compliance may be appealed by certificate or permit holder to the Zoning Administrator. The appeal shall be made, in writing, on a form provided by the County, and with payment of the fee specified for appeals in the fee schedule adopted by the County of Humboldt.

55.4.5.8.1The appeal shall be heard by the Zoning Administrator or his or her designee within thirty (30) calendar days following the filing of the appeal. The Zoning Administrator shall render a written ruling on the appeal within three (3) business days following the hearing.

55.4.5.8.2The decision of the Zoning Administrator may be appealed in accordance with Section 312-13. If no appeal is filed, the Zoning Administrator’s ruling is final.

55.4.5.9 Notification to State Licensing Authorities. The County shall notify the appropriate State licensing authority whenever the County zoning clearance certificate, special permit or use permit has been revoked or terminated following the expiration of any appeal period, or if an appeal has been filed, following the final determination of the appeal.

55.4.5.10 Restriction of Water Use under Special Circumstance. The County reserves the right to reduce the extent of any commercial cannabis activity, including but not limited to the area of cultivation, allowed under any clearance or permit issued in accordance with this section in the event that environmental conditions, such as a sustained drought or low flows in the watershed where the commercial cannabis activity is located, will not support water withdrawals without substantially adversely affecting existing fish and wildlife resources.

55.4.6 Commercial Cannabis Cultivation, Propagation, and Processing – Open Air Activities. Outdoor and mixed-light cultivation activities, on-site processing, and nurseries may be permitted with a coastal development permit and special permit, use permit, or zoning clearance certificate when meeting the following eligibility and siting criteria and all applicable performance standards, except when otherwise specified; provided, that processing, drying, product grading, curing or trimming may only be conducted within lawfully constructed nonresidential structures that were in existence on January 1, 2016:

55.4.6.1 Eligibility Criteria – Agricultural and Rural Residential-Agricultural Areas.

55.4.6.1.1Zoning AE and RA.

55.4.6.1.2 Minimum Parcel Size and Allowed Cultivation Area. The minimum parcel size for commercial outdoor and mixed-light cultivation of cannabis in the Coastal Zone in the AE and RA zones is twenty (20) acres, except for the exceptions provided in Sections 313-55.4.6.1.2.2 and 313-55.4.6.1.2.3.

55.4.6.1.2.1 Allowed Cultivation Area in the AE and RA Zones, Except on Lands with an Agriculture Exclusive/Grazing Plan Designation.

55.4.6.1.2.1.1Up to ten thousand (10,000) square feet of cultivation area with a special permit and coastal development permit;

55.4.6.1.2.1.2Greater than ten thousand (10,000) square feet to forty-three thousand five hundred sixty (43,560) square feet of cultivation area with a use permit and coastal development permit on any parcel less than three hundred twenty (320) acres in size, including a combination of separately permitted activities including those permitted pursuant to Section 313-55.4.6.5.7.2.

Exception to the one (1) acre maximum: On parcels three hundred twenty (320) acres or larger in size, up to forty-three thousand five hundred sixty (43,560) square feet of cultivation area per one hundred (100) acre increment can be permitted subject to approval of a use permit and coastal development permit, up to a maximum of eight (8) acres. All cultivation area must have access from paved roads with centerline stripe, meeting the Category 4 standard. Exceptions to the road standard may be considered subject to a separate use permit. Where an exception is sought, the use permit application shall include an evaluation (prepared by a licensed engineer) of the local road network providing access to the site. The Hearing Officer shall not grant an exception unless there is substantial evidence to support a finding that the cultivation sites will not adversely affect the public health, safety, and welfare because the roads as they exist or are improved provide fire safe road access, capacity to support anticipated traffic volumes, maintain water quality objectives, and protect sensitive habitats.

55.4.6.1.2.2 On Parcels with an Agricultural Exclusive/Grazing Plan Designation. No outdoor cultivation or greenhouses are allowed in the AE zone on lands with an agricultural exclusive/grazing plan designation (AEG). Outdoor or mixed-light cultivation may only be permitted within lawfully constructed nonresidential structures existing prior to January 1, 2016, with a zoning clearance certificate and coastal development permit.

55.4.6.1.2.3 Maximum Greenhouse Coverage Allowed in the AE and RA Zones for Existing Greenhouses. With a zoning clearance certificate and coastal development permit, up to one (1) acre of cultivation area may be authorized within existing commercial greenhouse structures. Additionally, cultivation area in excess of one (1) acre may be authorized within existing commercial greenhouse structures with a use permit and coastal development permit. In no case shall the total cultivation area within existing commercial greenhouse structures in the AE zone on lands with prime agricultural soils exceed twenty percent (20%) of the area of the parcel. The greenhouse(s) must have been lawfully constructed prior to January 1, 2016. RA zoned property must be twenty (20) acres or larger in size.

55.4.6.2 Eligibility Criteria – Commercial and Industrial Areas.

55.4.6.2.1 Zoning. CG, ML, MG, and MC as an interim use per Section 313-104.1.

55.4.6.2.2 Minimum Parcel Size and Allowed Cultivation Area. Two (2) acre minimum parcel size.

55.4.6.2.2.1Open air cultivation activities of up to one (1) acre of cultivation area may be permitted with a special permit and coastal development permit in the ML, MG, and MC zones. In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.6.2.2.2Additional open air cultivation activities in excess of one (1) acre may be allowed with a use permit and coastal development permit.

55.4.6.2.2.3In the CG zone, open-air cultivation only is allowed in conjunction with microbusiness activities pursuant to Section 313-55.4.10.2.

Cultivation sites proposed on developed commercial or industrial properties must comply with the performance standards for adaptive reuse (Section 313-55.4.12.12).

55.4.6.3 Eligibility Criteria – All Areas.

55.4.6.3.1 Energy Source. Electricity must be exclusively provided by a renewable energy source, meeting the performance standard for energy use (Section 313-55.4.12.5).

55.4.6.3.2 Water Source. Irrigation shall exclusively utilize stored water from nondiversionary sources or water from a public or private water supplier, if adequate capacity exists for irrigation use, as determined by the public or private water supplier. Water from on-site greywater systems is also authorized for year-round use.

55.4.6.3.3 Access Road(s). Road systems providing access to the parcel(s) or premises hosting the cultivation site(s) must meet or exceed the road systems performance standard in Section 313-55.4.12.1.8.

55.4.6.4 Siting Criteria – All Areas.

55.4.6.4.1 Slope. Cultivation site(s) must be confined to areas of the parcel where the slope is fifteen percent (15%) or less. (Exceptions to the slope criteria are described in Section 313-55.4.6.5.1 and 313-55.4.6.5.2.)

55.4.6.4.2 Conversion of Timberland Prohibited. Cultivation site(s) may only be located within a nonforested area that was in existence prior to January 1, 2016, and which obtained all necessary permits for vegetation clearing as applicable.

55.4.6.4.3 Limitation on Use of Prime Soils. The cumulative area of any cannabis cultivation site(s) located in areas identified as having prime agricultural soil shall not exceed twenty percent (20%) of the area of prime agricultural soil on the parcel or legal lot. Where occurring in areas with prime agricultural soil, cultivation shall only occur within the native soil. Removal of native soil and replacement with manufactured soil is prohibited.

55.4.6.4.4 Setbacks.

55.4.6.4.4.1 Standard Setbacks. In addition to the special area provision setbacks of Section 313-55.4.5.1 related to schools, tribal lands, ESHA, and wetlands, cultivation site(s) must also observe all of the following setbacks:

55.4.6.4.4.1.1Property lines: thirty (30) feet from any property line.

55.4.6.4.4.1.2Residences and undeveloped parcels: three hundred (300) feet from any residence on an adjacent separately owned parcel, and two hundred seventy (270) feet from any adjacent undeveloped separately owned parcel.

55.4.6.4.4.1.3Sensitive receptors: six hundred (600) feet from a church or other place of religious worship, public park, coastal public access, commercial recreational facility (as defined by Section 313-153), tribal cultural resource, or school bus stop currently in use at the time of project application submittal. For purposes of this section, the setback requirement applicable to public parks, other than lands managed for open space and/or wildlife habitat, shall only be applied to designated and developed recreational facilities such as picnic areas and campgrounds, trails, river and fishing access points, and like facilities under public ownership.

55.4.6.4.4.1.4Tribal ceremonial sites: one thousand (1,000) feet from all tribal ceremonial sites.

55.4.6.4.4.1.5The setback required from associated property lines or residence(s) on an adjacent privately owned property may be waived or reduced with the express written consent of the owner(s) of the subject property.

55.4.6.4.4.1.6Notwithstanding the above described setbacks from sensitive receptors and tribal ceremonial sites, the setback required from these areas may also be waived or reduced with the express written consent of qualified officials or representatives representing these protected uses and only if findings can be made that the setback reduction conforms with all applicable policies of the local coastal area plan and the access policies of the Coastal Act. For publicly owned lands managed for open space and/or wildlife habitat purposes, a setback of less than six hundred (600) feet, but at a minimum maintenance of a setback of at least one hundred (100) feet, may be allowed with a special permit; provided, that (a) advanced notice is given to the person or agency responsible for managing or supervising the management of those lands, and (b) the permitted setback of less than six hundred (600) feet will be sufficient to prevent impacts that would significantly degrade adjacent open space/habitat areas and will be compatible with the continuance of those open space/habitat areas. For school bus stops, a setback of less than six hundred (600) feet may be allowed with a special permit, where it can be demonstrated that the cultivation site would not be detrimental to students at the bus stop, due to specific conditions.

55.4.6.4.4.1.7In all cases, structures must comply with the setback requirements and similar provisions of the principal zoning district(s) as well as those required by the Building Code, including lot coverage.

55.4.6.4.4.1.8Additionally, in cases where one (1) or more discrete premises span multiple parcels, the thirty (30) foot setback from shared boundary lines may be waived for cultivation activities which do not occur within a structure.

55.4.6.4.4.1.9Cultivation site(s) and appurtenant facilities including agricultural wells and similar infrastructure must observe all prescribed setbacks and limitations pertaining to the use of land located within or affecting environmentally sensitive habitat areas (ESHA) or wetlands, as defined under Coastal Act regulations in Humboldt County Code and local coastal area plans.

55.4.6.4.4.2 Special Area Setbacks for Odor Mitigation. In addition to the standard setbacks, open air cultivation sites located within any of the special areas described under Section 313-55.4.5.1.5 are subject to the following enhanced setbacks, unless confined to enclosed structures:

55.4.6.4.4.2.1Six hundred (600) feet from the boundary of any residentially zoned area.

55.4.6.4.4.2.2Six hundred (600) feet from any residence located on a separately owned parcel.

55.4.6.4.4.2.3An applicant may seek an exception from the prescribed open air cultivation setbacks of Sections 313-55.4.6.4.4.2.1 and 313-55.4.6.4.4.2.2 with a use permit. In considering the use permit, the Planning Commission shall evaluate whether a reduced setback would result in adverse impacts to surrounding land uses, as well as whether project alternatives or opportunities for additional feasible mitigation exist.

55.4.6.4.4.2.4Notwithstanding the above provisions, the enhanced setbacks of Section 313-55.4.6.4.4.2 are not applicable to any commercial cannabis activities conducted on a parcel zoned MG or MC.

55.4.6.5 Provisional Permitting of Preexisting Cultivation Sites. As set forth in the following subsections, preexisting cultivation sites that meet all other eligibility and siting criteria and performance standards, including but not limited to those described in Section 313-55.4.6.1, may be permitted with a special permit and coastal development permit within AE and RA zoning districts, except on lands with an agricultural exclusive/grazing (AEG) land use designation; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met. Permitting of preexisting cultivation sites is prohibited where located within the TC or TPZ zones.

Permit applications for preexisting cultivation sites shall provide dated satellite imagery or other evidence satisfactory to the Planning and Building Department establishing the existence and area of cultivation between January 1, 2006, and December 31, 2015.

Applications for preexisting cultivation sites submitted before December 31, 2018, may be permitted at one hundred percent (100%) of the documented preexisting cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2), and applications for preexisting cultivation sites submitted between January 1, 2019, and December 31, 2019, shall not be approved for more than fifty percent (50%) of the documented existing cultivation area (not to exceed the maximum allowed under Section 313-55.4.6.1.2). No new applications for preexisting cultivation sites shall be accepted after December 31, 2019.

55.4.6.5.1 Provisional Permitting of Preexisting Small Cultivation Sites. On parcels twenty (20) acres or larger in size other than those with an agricultural exclusive/grazing plan designation, up to three thousand (3,000) square feet of outdoor or mixed-light cultivation, or any combination thereof, may be permitted with a special permit and coastal development permit; provided, that all coastal resource protection policies and standards for issuance of a coastal development permit can be met, if applicable, subject to the following additional requirements and allowances:

55.4.6.5.1.1The operator’s principal residence is located on the same parcel and the residence was in existence on or before January 1, 2016.

55.4.6.5.1.2No more than one (1) cultivation permit may be issued for the same parcel.

55.4.6.5.1.3The road systems performance standards in Section 313-55.4.12.1.8.1 shall not apply.

55.4.6.5.1.4The road systems performance standards in Sections 313-55.4.12.1.8.3 and 313-55.4.12.1.8.4 shall apply as follows:

55.4.6.5.1.4.1Within one (1) year of provisional permit approval, permittees of small cultivation sites are responsible to join or form a road maintenance association pursuant to Section 313-55.4.12.1.8.4.1, and submit a report prepared pursuant Section 313-55.4.12.1.8.3.2, unless one has already been submitted for other commercial cannabis activity sites within the roadshed.

55.4.6.5.1.4.2Permitted improvements must be implemented within two (2) years of approval of the provisional permit. The timeframe for completing improvements may be extended for cause by the Director of Planning and Building.

55.4.6.5.1.5The existing area of cultivation may be located on slopes greater than fifteen percent (15%), but less than thirty percent (30%) with a zoning clearance certificate.

55.4.6.5.2Provisional permitting of preexisting cultivation sites located on slopes greater than fifteen percent (15%) but not exceeding thirty percent (30%) may be permitted with a use permit and coastal development permit.

55.4.6.5.3In order to comply or best achieve compliance with applicable eligibility or siting criteria, or performance standard(s), reconfiguration of a preexisting cultivation site may be authorized with a special permit and coastal development permit, subject to all applicable performance standards.

55.4.6.5.4 Energy Source for Ancillary Propagation Facility or Mixed-Light Cultivation at Provisional Sites. Where grid power is not available, preexisting cultivation sites located within other eligible zoning districts may utilize on-site generators to supply energy for mixed-light and propagation activities. The permit application shall include an energy budget detailing all monthly cultivation-related energy use as well as on-site renewable energy generation and storage capacity. All generator use must comply with the performance standards for generator noise.

55.4.6.5.4.1Use of on-site generators to supply up to twenty percent (20%) of cannabis cultivation related energy demand may occur as a principally permitted use.

55.4.6.5.4.2Use of on-site generators to supply greater than twenty percent (20%) of cannabis cultivation related energy demand shall be subject to a special permit. The application must demonstrate why it is not technically or financially feasible to secure grid power or comply with the renewable energy standard. Approval may be subject to any and all of the following additional measures:

55.4.6.5.4.2.1Keeping of ancillary mother plants off site at an approved location such as a community propagation center, nursery, or similar facility with access to grid power.

55.4.6.5.4.2.2Restricting use of artificial lighting to between March through August (deprivation season and end of season restocking post-harvest).

55.4.6.5.4.2.3Developing a plan to secure grid power or develop on-site renewable energy infrastructure capable of supplying eighty percent (80%) or more of cannabis-related electrical demand. Permit approval may be provisional subject to achieving grid power or eighty percent (80%) renewable target.

55.4.6.5.5 Provisional Permitting. An application for provisional permitting of a preexisting cultivation site may be provisionally approved, subject to a written approved compliance agreement, signed by the applicant and the relevant enforcement agency or agencies. Applications eligible for provisional approval shall be processed identically to all other applications, in the order they are received and determined complete for processing. The compliance agreement shall document all violations and noncompliance with applicable building or other health, safety, or other State or County statute, ordinance, or regulation, including the performance standards and siting criteria of these regulations. Violations and areas of noncompliance subject to a compliance agreement shall be related to land conversion, on-site grading, electricity usage, water usage, agricultural discharges, and similar matters and limited to those improvements, facilities, buildings, and sites that are used for the commercial cannabis activity and shall not extend to personal residences or other structures that are not used for commercial cannabis activities. Applicants shall provide plans for curing such violations to the Planning and Building Department within one (1) year of issuance of the provisional clearance or permit. All violations and areas of noncompliance shall be cured or abated at the earliest feasible date, but in no event more than two (2) years of date of issuance of a provisional clearance or permit, unless otherwise stipulated under the terms of the individual agreement. The terms of the compliance agreement may be appealed to the Planning Commission, who shall act as Hearing Officer.

As part of application submittal, preexisting cultivation sites seeking provisional approval shall identify, document, and itemize all current violations related to commercial cannabis activities, as well as areas of noncompliance with applicable performance standards and siting criteria, and include a plan and schedule to abate or cure all violations and achieve compliance targets.

If a provisional permit application for a preexisting cultivation site is denied, the penalties and enforcement provisions of Section 313-55.4.5.3 shall apply, and, if required, an application shall be submitted to remove preexisting commercial cannabis-related development and restore the site to preproject conditions in accordance with the performance standard for remediation activities (Section 313-55.4.12.13).

55.4.6.5.6(Section reserved for future use)

55.4.6.5.7 Retirement, Remediation, and Relocation of Preexisting Cultivation Sites. In order to incentivize, promote, and encourage the retirement, remediation and relocation of preexisting cannabis cultivation operations occurring in inappropriate, marginal, or environmentally sensitive sites to relocate to environmentally superior sites, the following provisions shall apply:

55.4.6.5.7.1Cultivation sites eligible for retirement, remediation, and relocation incentives (RRR sites) shall be those that are in the Coastal Zone and were in operation at any time between January 1, 2006, and January 1, 2016, and are located in AE, RA, TC and TPZ zones with a source of irrigation water from surface water diversion without DWR water right or permit or DFW streambed alteration permit, or served by roads which do not conform with one (1) or more access performance standards specified under Section 313-55.4.12, or with slopes in excess of fifteen percent (15%), or where the cultivation area location does not comply with the required setbacks. All applications for RRR sites on tribal land shall be referred to the appropriate tribe for comment prior to approval.

55.4.6.5.7.2Sites eligible for relocation of RRR sites (relocation sites) shall be those meeting (a) the eligibility criteria specified in Section 313-55.4.6.1 or 313-55.4.6.2, excluding sites with an agricultural exclusive/grazing plan designation and sites in the MC zone, (b) the special area provision setbacks of Section 313-55.4.5.1, (c) all applicable siting criteria, and (d) all applicable performance standards specified in Section 313-55.4.12. In addition, RRR sites shall not be located within any special areas listed within Section 313-55.4.5.1.4. No new applications for RRR sites shall be accepted after December 31, 2019.

55.4.6.5.7.3Operators of RRR sites shall be eligible to receive a special permit and coastal development permit for commercial cultivation of cannabis on an eligible relocation site, for an area up to four (4) times the area of the preexisting RRR site, but in no event larger than twenty thousand (20,000) square feet. Operators of RRR sites with a cultivation area exceeding twenty thousand (20,000) square feet may transfer all recognized prior cultivation area to an eligible relocation site, on a one (1) for one (1) basis (no multiplier) subject to approval of a use permit and coastal development permit, but in no event larger than the cultivation area size limits specified in Sections 313-55.4.6.1 and 313-55.4.6.2.

55.4.6.5.7.4Relocation sites may be on leased premises for agricultural purposes allowable pursuant to the exclusion from the Subdivision Map Act, Government Code Section 66412(k).

More than one (1) RRR site may be permitted on relocation site parcels of twenty (20) acres or larger; provided, that the cumulative total cultivation area for all commercial cannabis cultivation permits issued for that parcel does not exceed one (1) acre. If the relocation site has prime agricultural soils on that parcel, the area utilized for cannabis cultivation on prime agricultural soils shall not exceed twenty percent (20%) of the area of prime agricultural soils on that parcel.

55.4.6.5.7.5In order to receive the benefits specified in Section 313-55.4.6.5.7.3, the operator of a RRR site shall prepare a plan for the full environmental remediation of the RRR site, including removal of all cultivation related materials, equipment and improvements, regrading to preexisting contours, reseeding with native vegetation, reforestation, habitat restoration, and monitoring, as determined to be appropriate by the Planning Department. The plan shall be prepared and executed in accordance with the performance standard for remediation activities (Section 313-55.4.12.13). The operator shall execute an agreement to complete the work specified in the remediation plan within twelve (12) months and shall post a bond in a sufficient amount that will allow the County to contract to complete the work specified in the plan in the event that the operator of the RRR site fails to do so.

The operator or the property owner of record for the RRR site shall record a covenant executed by the property owner not to commercially cultivate cannabis or disturb the remediation area on the subject property in perpetuity, with an enforcement clause that in the event that the covenant is violated, the County of Humboldt shall, on motion in Superior Court, be entitled to an immediate lien on the property in the amount necessary to remediate the property, but in no event less than the sum of fifty thousand dollars ($50,000.00). In the event that that the covenant is violated and the operator of the RRR site retains any interest in the former RRR site property, all permits for operation of the relocation site shall be terminated.

55.4.6.6 Site Restoration upon Termination or Abandonment of Commercial Cannabis Cultivation Sites. Upon termination or abandonment of a permitted commercial cannabis cultivation site, the operator and/or property owner shall remove all materials, equipment and improvements on the site that were devoted to cannabis cultivation, including but not limited to bags, pots, or other containers, tools, fertilizers, pesticides, fuels, hoop house frames and coverings, irrigation pipes, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, fencing, cannabis, or cannabis waste products, imported soil or soil amendments not incorporated into native soil, generators, pumps, or structures not adaptable to noncannabis permitted use of the site. If any of the above described or related material or equipment is to remain, the operator and/or property owner shall prepare a plan and description of the noncannabis continued use of such material or equipment on the site.

For cultivation sites located in forested resource lands where trees were removed in order to facilitate cannabis cultivation, and no three (3) acre conversion exemption or timberland conversion permit was obtained, the property owner shall cause a restoration plan to be prepared by a registered professional forester, or other qualified professional approved by the County, for the reforestation of the site. All restoration planning and implementation shall be conducted in conformance with the performance standard for remediation activities. The property owner shall be responsible for execution of the restoration plan, subject to monitoring and periodic inspection by the County. Failure to adequately execute the plan shall be subject to the enforcement provisions set forth in Section 313-55.4.5.3 and Chapter 1 of Division 5 of Title III.

55.4.6.7(Section reserved for future use)

55.4.6.8 Cap on Permits. The total number of permits issued for commercial cultivation activities (including outdoor, indoor, and mixed-light cultivation and nurseries) in each of the six local coastal plan areas shall be as follows:

Coastal Planning Area

Permits

Acres

North Coast Area Plan

4

2

Trinidad Area Plan

0

0

McKinleyville Area Plan

4

2

Humboldt Bay Area Plan*

38

13

Eel River Area Plan

112

39

South Coast Area Plan

13

5

Total

171

61

*Cannabis cultivation sites on properties zoned MG – industrial general or CG – commercial general with public water from the Humboldt Bay Municipal Water District may be exempt from the cap with a will-serve letter from the district providing public water service to the site.

Once the permit cap for a given local coastal plan has been reached, no additional permit applications for open air and indoor cultivation activities will be processed until the Planning Commission and Board of Supervisors consider a review of the limits and prescribed distribution of permitting and acreage allowances found in the above table and approve an increase in the cap by amendment of this section of the Humboldt County Code certified by the California Coastal Commission. Review shall occur at a noticed public hearing held during a meeting of the Board of Supervisors, during which the Board shall receive and consider a report providing an update on local permitting efforts. The report shall provide information detailing the number and status of all applications received, permits approved, compliance agreements that have been executed, and code enforcement actions undertaken by the Department. Law enforcement and other relevant officials from local and State agencies shall be contacted and invited to provide and present input to be considered by the Board during annual review. After holding a public hearing and considering all public testimony received, the Board may choose to establish new caps on acreage and permits as well as change their distribution within watersheds.

55.4.7 Cannabis Support Facilities. Cannabis support facilities include facilities for distribution, off-site processing, enclosed nurseries, community propagation centers and cannabis testing and research laboratories. All cannabis support facilities must meet or exceed the setbacks from sensitive receptors and tribal ceremonial sites specified under Sections 313-55.4.6.4.4.1.3 and 313-55.4.6.4.4.1.4, unless waived or reduced pursuant to Section 313-55.4.6.4.4.1.6. Where conducted within an enclosed setting, cannabis support facilities shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3.

55.4.7.1 Distribution, Off-Site Processing, Enclosed Nurseries, and Community Propagation Centers. Within all zones specified in Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use) distribution, off-site processing, enclosed nurseries, community propagation centers within a lawfully constructed structure in existence prior to January 1, 2016, shall be principally permitted with a zoning clearance certificate and coastal development permit when meeting all applicable performance standards, as well as the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as all applicable siting criteria. In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.7.2 Cannabis Testing and Research Laboratories. Cannabis testing and research laboratories shall be principally permitted with a zoning clearance certificate and coastal development permit in CG, ML, MG, and MC as an interim use or where previously developed for a lawful industrial or commercial use subject to meeting all applicable performance standards, the eligibility criteria in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 and all applicable siting criteria. In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.7.3 Road Locational Criteria. Cannabis support facilities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.8 Indoor Cultivation and Manufacturing.

55.4.8.1 Indoor Cultivation. Indoor cultivation sites must comply with all applicable performance standards, meet the eligibility criteria specified in Sections 313-55.4.6.1, 313-55.4.6.2, 313-55.4.6.3.1 and 313-55.4.6.3.2 and comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4, and 313-55.4.6.4.4.1.7. All indoor cultivation activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed within Section 313-55.4.6.4.4.1.3. Indoor cultivation may be permitted as follows:

55.4.8.1.1Within those zones specified under Section 313-55.4.6.1.1 (AE and RA), up to five thousand (5,000) square feet of indoor cultivation may be permitted with a zoning clearance certificate and coastal development permit, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016.

55.4.8.1.2Within those zones specified under Section 313-55.4.6.2.1 (CG, ML, MG, and MC as an interim use):

55.4.8.1.2.1Up to five thousand (5,000) square feet of cultivation area may be permitted (a) with a zoning clearance certificate within an existing lawfully constructed structure where the commercial activities do not meet the definition of development under the Coastal Act and (b) within a proposed structure subject to approval of a zoning clearance certificate and coastal development permit.

55.4.8.1.2.2Up to ten thousand (10,000) square feet of cultivation area may be permitted with a special permit and coastal development permit.

55.4.8.1.2.3A use permit and coastal development permit shall be required where more than one (1) clearance or permit is being sought on a parcel.

In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.8.1.3 Road Locational Criteria. Indoor cultivation shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that measures have been taken to protect the public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and environmentally sensitive habitat areas.

55.4.8.2 Manufacturing. Manufacturing sites must comply with all applicable performance standards, as well as meet the eligibility criteria specified in Sections 313-55.4.6.3.1 and 313-55.4.6.3.2 as well as comply with the siting criteria specified in Sections 313-55.4.6.4.1, 313-55.4.6.4.2, 313-55.4.6.4.3, and 313-55.4.6.4.4.1.3, 313-55.4.6.4.4.1.4 and 313-55.4.6.4.4.1.7. All manufacturing activities shall be conducted within an enclosed setting and shall not be subject to the setbacks from school bus stops prescribed for open air cultivation activities within Section 313-55.4.6.4.4.1.3, except where otherwise specified. Manufacturing activities may then be permitted as follows:

55.4.8.2.1 Flammable Extraction.

55.4.8.2.1.1Manufacturing activities involving flammable extraction may be permitted with a special permit and coastal development permit in the MG zone, as well as MC zone as an interim use. In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.8.2.1.2Manufacturing activities involving flammable extraction may also be permitted with a conditional use permit and coastal development permit in the CG and ML zones.

55.4.8.2.1.3All manufacturing activities involving flammable extraction must be conducted within a lawfully constructed commercial structure. Where located within those zones specified under Section 313-55.4.8.2.1.2, the structure must meet or exceed the following special setbacks:

55.4.8.2.1.3.1One thousand (1,000) feet from the boundary of any residentially zoned area or community planning area boundary specified within Section 313-55.4.5.1.

55.4.8.2.1.3.2One thousand (1,000) feet from any residence located on a separately owned parcel.

55.4.8.2.1.3.3Six hundred (600) feet from any school bus stop currently in use at the time of project review.

55.4.8.2.1.3.4An applicant may seek an exception from the special setbacks of this section with a use permit. Consideration of the use permit request shall include an evaluation of the density and location of neighboring residential uses, as well as the composition and location of other nearby development and terrain. Authorization of a reduced setback shall include a determination that the proposed area and method of operation include sufficient measures to ensure the public health, safety and welfare of and that the use will not have a detrimental effect on the surrounding community.

55.4.8.2.2 Nonflammable Extraction.

55.4.8.2.2.1Manufacturing activities involving nonflammable extraction may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the MG zone, or a conditional use permit and coastal development permit in the MC zone as an interim use.

55.4.8.2.2.2Manufacturing activities involving nonflammable extraction may also be permitted with a special permit and coastal development permit within CG and ML zones.

55.4.8.2.2.3Manufacturing activities involving nonflammable extraction may be permitted with a special permit and coastal development permit within those zones specified under Section 313-55.4.6.1.1 (AE and RA) on parcels that meet the minimum parcel size requirements of Section 313-55.4.6.1.2, but may only be conducted within a lawfully constructed nonresidential structure which was in existence prior to January 1, 2016. In addition, cannabis manufacturing activities in the AE zone shall be limited to the processing of the raw cannabis materials grown on site.

55.4.8.2.3 Infusion.

55.4.8.2.3.1Manufacturing activities involving infusion may be permitted subject to issuance of a zoning clearance certificate and coastal development permit within the CG, ML, MG zones, and the MC zone as an interim use. In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

55.4.8.2.3.2Manufacturing activities which exclusively involve infusion may be permitted as a cottage industry in all zones which permit cottage industry activities, when in compliance with all performance standards.

55.4.8.2.3.3 Road Locational Criteria. Manufacturing activities shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.9(Reserved for future use)

55.4.10 Other Provisions.

55.4.10.1 Adult Use Retail Sales. Adult use retail sales facilities are a permitted use in the CG, CN, MB, and ML zoning districts, subject to approval of a use permit and coastal development permit. Adult use retail sales may only be permitted in the MG zone and in the MC zone as an interim use as microbusiness activities consistent with Section 313-55.4.10.2. All certified regulations applicable to permitting of medical cannabis dispensaries shall be applicable to adult use retail sales facilities, except those limiting sales exclusively to medical cannabis.

55.4.10.2 Microbusiness. Microbusiness activities are a permitted use, subject to a special permit and coastal development permit, in any of the zones in which authorized cannabis activities is a permitted use (except on parcels zoned RA or, AE). In the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses.

Road Locational Criteria:

Adult use retail sales and microbusinesses with on-site customer traffic shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard.

Sites for microbusinesses that involve visitor-serving uses must also comply with the public accommodation standard. Microbusinesses shall also comply with all performance standards applicable to any of the uses combined under a single microbusiness license.

55.4.10.3 Temporary Special Events. Temporary special events authorizing on-site cannabis sales to, and consumption by, persons twenty-one (21) years of age or older may be permitted at any facility or location over which the County has jurisdiction. Events are a temporary use subject to a coastal development permit and use permit (in the MC zone, a conditional use permit and coastal development permit are required for interim cannabis uses) as required by Section 313-62.1, which governs special events and attractions. This includes events at a County fair, subject to consent of the Humboldt County Fair Association Board of Directors and City of Ferndale. Any event must be managed to ensure that (a) all cannabis vendor participants are licensed; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed within areas where cannabis consumption is authorized.

55.4.10.4 On-Site Cannabis Consumption (Retail, Microbusiness). On-site consumption facilities as an accessory use at a medical cannabis dispensary, adult use retail, or microbusiness permitted facility may be permitted subject to approval of a use permit; provided, that: (a) access to the area where cannabis consumption is allowed is restricted to persons twenty-one (21) years of age and older; (b) cannabis consumption is not visible from any public place or area open to persons under twenty-one (21) years of age; and (c) sale or consumption of alcohol or tobacco is not allowed on the premises. The applicant shall submit a site plan and operations plan that will demonstrate the on-site consumption facilities comply with these standards and all other limitations and restrictions, including but not limited to Health and Safety Code Section 11362.3.

55.4.10.5 Commercial Cannabis Tours and Tour Sites. Public visitation and tours of sites host to commercial cannabis activities may be authorized at locations meeting the performance standards for public accommodation and tours (Sections 313-55.4.12.14 and 313-55.4.12.15). In addition, businesses conducting tours to commercial cannabis activity sites may be authorized with a zoning clearance certificate and coastal development permit, subject to meeting the following criteria:

55.4.10.5.1Tour businesses must collect guests from a secure location with adequate off-street parking to store the vehicles of all tour patrons.

55.4.10.5.2The tour vehicle must be stored at a location authorized for storage of commercial vehicles.

Tour businesses not meeting the above criteria may be permitted with a special permit and coastal development permit. The application shall include a plan of operation detailing how the operation of the tour will not adversely affect public parking or conflict with neighboring uses, while complying with all applicable performance standards.

55.4.10.6 Cannabis Bed and Breakfast Use. Cannabis bed and breakfasts may be permitted in conjunction with a cannabis cultivation permit on RA-zoned properties in conformance with the public accommodation performance standards with a coastal development permit and a use permit when meeting all the requirements specified in Section 313-44.1 applicable to bed and breakfast establishments.

55.4.10.7 Transportation of Commercial Cannabis. With a business license, persons may engage in the transportation of commercial cannabis. Such persons shall identify the location where the vehicle used in transportation will be stored, and may only transport commercial cannabis between sites that are permitted or licensed for commercial cannabis activities.

Transportation does not include warehousing or storage of cannabis.

55.4.10.8 Cannabis Research Gardens. Cannabis research gardens shall be permitted wherever commercial cannabis cultivation activities are allowed, and subject to the same permitting requirements applicable to commercial cultivation activities, including participation in the Humboldt County and State of California track and trace program and annual inspection. Applications for a cannabis research garden permit shall provide an operations plan to include a verifiable method to assure that cannabis grown for research purposes is prevented from entering the stream of commerce.

55.4.11 Application Requirements for Clearances or Permits. Applications shall be required to include any or all of the following information necessary to evaluate conformity of the proposed project with local coastal program policies and standards: site plan; security plan; cultivation plan, processing plan; operations plan; irrigation plan; materials management plans; hazardous materials site assessments and contingency plans; surveys for biological resources and sensitive habitat; surveys for archaeological, and tribal cultural resources (if ground disturbance is proposed) and historical resources; assessments of project-related noise sources; road system assessments and improvement plans; timberland conversion assessments; documentation of water use, source, and storage; will-serve letters from applicable providers of water and wastewater services; information concerning previously secured State and local permits for cannabis related infrastructure or activities; evidence of prior cultivation where seeking a permit as a provisional cultivation site; restoration and remediation plans where appropriate; plans for energy use; details of current known violations related to commercial cannabis activities, and documentation of conformance with the requirements of programs applicable to cannabis cultivation activities administered by the State Water Resources Control Board and Regional Water Quality Control Board. Applications shall also include an analysis of how the activity will conform to all applicable local coastal area plan policies and regulations including, but not limited to, those protecting ESHAs, wetlands, coastal public access, public visual resources, and visitor-serving uses.

In addition to the application filing requirements that the County may require to determine project compliance with all applicable local coastal program policies and standards, the County may request additional information prior to application intake, or during application processing, where deemed necessary to perform environmental review pursuant to the California Environmental Quality Act (CEQA) and the Coastal Act. All required plans and reports shall be designed to demonstrate compliance with relevant eligibility and siting requirements, and applicable performance standards, while conforming to relevant checklists and guidance documents maintained and supplied by the County. All technical reports and plans are subject to final review and approval by the County.

55.4.12 Performance Standards. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards listed in Sections 313-55.4.12.1 through 313-55.4.12.17 and all other local coastal program policies and standards. Failure to comply shall be grounds for permit revocation and administrative penalties.

55.4.12.1 Performance Standards for All Commercial Cannabis Activities.

55.4.12.1.1Maintain compliance with all applicable State laws and County ordinances.

55.4.12.1.2Maintain valid license(s) issued by the appropriate State licensing authority or authorities for the type of activity being conducted, as soon as such licenses become available.

55.4.12.1.3Where subject to State licensure, participate in local and State programs for “track and trace” once available.

55.4.12.1.4Maintain a current, valid business license at all times.

55.4.12.1.5Consent to an annual on-site compliance inspection, with at least twenty-four (24) hours’ prior notice, to be conducted by appropriate County officials during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays).

55.4.12.1.6Pay all applicable application and annual inspection fees.

55.4.12.1.7Comply with any special conditions applicable to the permit or premises which may be imposed.

55.4.12.1.8 Performance Standard – Road Systems. Roads providing access to any parcel(s) or premises on which commercial cannabis activities occur must comply with the following standards, as applicable; provided, that road development or improvement to these standards conforms to all applicable local coastal area plan policies and regulations:

55.4.12.1.8.1 Standard 1 – Dead End Road Length. Project is not located more than two (2) miles (measured in driving distance) from the nearest intersection with a Category 4 road or has secondary access for emergency vehicles and personnel, including wildland fire equipment.

Where access to a site exceeds the dead-end road length standard, the application may request an exception to the standard with a special permit. The exception request shall include a report prepared by a licensed engineer evaluating the design, condition, and performance of all related road segments for simultaneous emergency access and evacuation. The report shall include recommendations for road system enhancements (widening, turnouts, secondary access routes) to help mitigate the dead-end road condition. To approve the exception, it must be found current conditions or proposed improvements provide sufficient access for emergency vehicles and personnel while allowing for simultaneous evacuation.

55.4.12.1.8.2 Standard 2 – Functional Capacity. Unless otherwise specified, roads providing access to the parcel(s) or premises must meet or exceed the Category 4 road standard (or same practical effect). The application package must demonstrate compliance with this requirement in one (1) of the following ways:

55.4.12.1.8.2.1Parcel(s) served exclusively by roads which are paved publicly maintained or private roads where all portions of the paved road system feature a centerline stripe and two (2) ten (10) foot wide travel lanes require no further analysis, only a notation on the plans that the access to the site meets this requirement; or

55.4.12.1.8.2.2Parcel(s) served by roads without a centerline stripe must submit a written assessment of the functional capacity of these road segments. If the assessment reveals that all road systems meet or exceed the Category 4 standard (or same practical effect), then no additional review is necessary. Documentation of self-certification shall be produced to the satisfaction of the County; including use of appropriate forms where provided. The County reserves the right to independently verify general compliance with this standard.

55.4.12.1.8.2.3Where access to a site is provided by roads not meeting the Category 4 standard, the application shall require a special permit and include a report prepared by a licensed engineer evaluating whether the design, condition, and performance of all necessary road segments are currently capable of supporting increases in traffic volume created by the project, in addition to the existing traffic using the road(s). In the event that the roads cannot accommodate the traffic volume anticipated the engineer shall recommend improvements to bring the road up to an adequate functional capacity.

55.4.12.1.8.2.4Where accessed via a driveway or private road intersecting a State highway, applications shall provide an evaluation of the performance and design of the road or driveway encroachment. The evaluation will identify the required improvements necessary to ensure proper function of the access based on anticipated traffic volumes. Improvements may include paving or widening of the throat of the driveway or private road, provision of adequate sight distances, and other improvements determined necessary to comply with Caltrans standards. A copy of an approved State encroachment permit (if required) will be provided to the County. All required improvements shall be completed prior to the initiation of any new commercial cannabis use(s). (FEIR mitigation measure 3.12-2)

55.4.12.1.8.3 Standard 3 – Private Road Systems – Protections for Water Quality and Biological Resources.

55.4.12.1.8.3.1Private road systems and driveways providing access to parcel(s) or premises shall be designed, maintained, or retrofitted in accordance with the latest edition of the document titled, “A Water Quality and Stream Habitat Protection Manual for County Road Maintenance in Northwestern California Watersheds,” as adopted by the Humboldt County Board of Supervisors on July 6, 2010, and is also known as the Five Counties Salmonid Conservation Roads Maintenance Manual. This includes measures to protect water quality using best management practices so that:

55.4.12.1.8.3.1.1Impacts from point source and non-point source pollution are prevented or minimized, including discharges of sediment or other pollutants that constitute a threat to water quality. Road segments shall be designed and maintained in ways which minimize the potential for discharge of sediment through measures to reduce velocity of runoff, capture and detain stormwater from road systems to enable settling of transported sediments, and minimize direct delivery to nearby watercourses, to the greatest extent feasible.

55.4.12.1.8.3.1.2Design and construction of culverts, stream crossings, and related drainage features shall remove barriers to passage and use by adult and juvenile fish, amphibians, reptiles, and aquatic invertebrates.

55.4.12.1.8.3.2Where access to a site is provided in part by private roads systems, any application to permit a commercial cannabis activity shall include a report evaluating the design, condition, and performance of all private road segments within the defined roadshed.

55.4.12.1.8.3.2.1The report shall be prepared by a licensed engineer or similarly licensed professional.

55.4.12.1.8.3.2.2The report shall be prepared to the satisfaction of the County and shall include or be accompanied by exhibits and stationing information of sufficient detail to enable the location, attributes, and condition of all road drainage features to be itemized and documented. The narrative portion of the report must evaluate the current design, functionality and performance of discrete drainage systems and segments and develop conclusions concerning compliance and conformance with best management practices within the defined roadshed. The County reserves the right to ask for additional information or choose to independently investigate and verify any and all conclusions within the report.

55.4.12.1.8.3.2.3Where an evaluation has determined, to the satisfaction of the County, that all private road segments comply with relevant best management practices, as defined herein, no further work is needed.

55.4.12.1.8.3.2.4Where an evaluation has determined that improvements within the projects’ roadshed are required, the report shall identify the location and nature of each discrete improvement. Improvements shall be tied to all provisional permit approval(s) within the defined roadshed and identified within the conditions of approval of all discretionary permit applications.

55.4.12.1.8.4 Road Maintenance Associations and Cost Sharing.

55.4.12.1.8.4.1Where three (3) or more permit applications have been filed for commercial cannabis activities on parcels served by the same shared private road system, the owner of each property must consent to join or establish the appropriate road maintenance association (RMA) prior to operation or provisional permit approval. This requirement shall also apply to existing permittees seeking to renew their permit. Evidence shall be provided to the satisfaction of the County, and may include minutes from a meeting, written correspondence and confirmation from the RMA Secretary, or similar information.

55.4.12.1.8.4.2When one (1) or more applicants in a defined roadshed have prepared and submitted a professional private road evaluation called for by this section, all contemporaneous applicants served by the same roadshed shall be required to contribute to the cost of preparation of the report. The cost allocation shall be determined by any road maintenance association(s) within the roadshed that includes the road segments providing access to the cultivation site of each applicant. In determining the cost allocation, the road maintenance association shall consider the recommendation or formula for cost sharing included in the report.

55.4.12.1.8.4.3With each annual inspection, all applicants for commercial cannabis activities within any RMA shall provide evidence they are current on all applicable dues or other payments required by the RMA.

55.4.12.1.8.5 Special Noticing Requirements. Wherever an exception to the functional capacity road standard is being sought, in addition to noticing property owners and occupants within three hundred (300) feet of the boundaries of the parcel(s) or premises, notice of the project will also be sent to all owners and occupants of property accessed through common shared use private road systems.

55.4.12.1.9The burning of plant material associated with the cultivation and processing of commercial cannabis is prohibited. (FEIR mitigation measure 3.4-4)

55.4.12.1.10 Performance Standard – Biological Resource Protections. Projects proposing development activities shall implement the following measures from the final environmental impact report (FEIR), as described in Sections 313-55.4.12.1.10.1 through 313-55.4.12.1.10.14, as applicable.

Mitigation Measure #

Description of Mitigation

3.4-1a

Biological reconnaissance surveys

3.4-1b

Special-status amphibian surveys and relocation/buffers

3.4-1c

Western pond turtle surveys and relocation/buffers

3.4-1d

Nesting raptor surveys and relocation/buffers

3.4-1e

Northern spotted owl surveys

3.4-1f

Special-status nesting bird surveys/buffers

3.4-1g

Marbled murrelet habitat suitability surveys/buffers

3.4-1i

American badger surveys and buffers

3.4-1j

Fisher and Humboldt marten surveys and den site preservation/buffers

3.4-1k

Bat survey and buffers

3.4-1l

Vole survey and relocation/buffers

3.4-3a

Special-status plants surveys

3.4-4

Protection of sensitive natural communities, riparian habitat, wetland vegetation, including ESHA

3.4-6b

Retention of fisher and Humboldt marten habitat features

3.4-5

Waters of the United States

55.4.12.1.10.1 Biological Reconnaissance Surveys (FEIR Mitigation Measure 3.4-1a). Prior to approval of any application for commercial cannabis operations, a biological reconnaissance survey shall be conducted within the proposed development area by a qualified biologist. The qualified biologist shall assess the habitat suitability of the proposed development area for all special-status species and sensitive natural communities with the potential to occur in the subject area. The biologist shall include a letter or report with the permit application documenting whether special-status species and/or sensitive habitats are present or have the potential to occur within or adjacent to the proposed development area. If special-status species or sensitive habitats are present, the environmentally sensitive habitat area (ESHA) shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. The County shall only approve commercial cannabis activities adjacent to the ESHA, and not closer than one hundred (100) feet from the ESHA, if it can be found that the development will be sited and designed to prevent impacts that would significantly degrade the ESHA and will be compatible with the continuance of the ESHA.

55.4.12.1.10.2 Special-Status Amphibians (FEIR Mitigation Measure 3.4-1b). If special-status amphibians are detected during the initial biological reconnaissance survey, or during the preconstruction survey, or are determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive amphibian habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable habitat for special-status amphibians is present within the proposed development area, a qualified biologist familiar with the life cycle of regionally occurring special-status amphibians shall conduct seasonally appropriate preconstruction surveys for the applicable amphibian life stages (i.e., eggs, larvae, adults) no more than forty-eight (48) hours prior to commencement of development within the proposed development area plus a four hundred (400) foot buffer area around the proposed development area.

55.4.12.1.10.3 Western Pond Turtle (FEIR Mitigation Measure 3.4-1c). If western pond turtle is detected during the initial biological reconnaissance survey, or during the preconstruction survey, or is determined likely to occur, consultation with CDFW shall be initiated to determine whether additional measures, such as project design modifications, relocation of the site, relocation of individual animals, or installation of exclusionary fencing, shall be required to protect sensitive western pond turtle habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Regardless of detection during the initial biological reconnaissance survey, if suitable aquatic habitat for western pond turtle is present within the proposed development area, a qualified biologist familiar with the life cycle of western pond turtle shall conduct seasonally appropriate preconstruction surveys within two hundred (200) feet of riparian areas and aquatic habitats twenty-four (24) hours prior to commencement of development.

55.4.12.1.10.4 Nesting Raptors (FEIR Mitigation Measure 3.4-1d). To avoid impacts to nesting raptors, tree removal activities shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with CDFW, that there is no active nest present in the tree. Prior to ground-disturbing activities between February 1st and August 31st, a qualified biologist shall conduct preconstruction surveys for nesting raptors and shall identify active nests within five hundred (500) feet of the proposed development area. Surveys shall be conducted between February 1st and August 31st. To avoid impacts to nesting raptors, appropriate no-disturbance buffers around active nests shall be established, in consultation with CDFW, that will protect sensitive nesting raptor habitat areas from significant disruption of habitat values consistent with local coastal area plan requirements. Buffer areas shall be delineated with construction fencing, and no activity shall occur within the buffer areas until a qualified biologist has determined, in consultation with CDFW, that the young have fledged, the nest is no longer active, or reducing the buffer would not likely result in nest abandonment. Monitoring of the nest by a qualified biologist during and after construction activities shall be required if the activity has the potential to adversely affect the nest. In no case shall nests or nest trees of bald eagles or golden eagles be removed (both active and nonactive eagle nests shall be protected).

55.4.12.1.10.5 Northern Spotted Owl (FEIR Mitigation Measure 3.4-1e). If the biological reconnaissance survey determines that suitable habitat for northern spotted owl (NSO) is present within or adjacent to the area of proposed development, or if the project site is within 1.3 miles (average species home range) of a known occurrence of NSO, as determined by a qualified biologist, the following measures shall be implemented to avoid disturbance to sensitive NSO habitat areas. Prior to removal of any trees or prior to ground-disturbing activities adjacent to or within suitable NSO nesting, roosting, or foraging habitat (e.g., forest clearings), a qualified biologist familiar with the life history of NSO shall conduct preconstruction surveys for nests within a 1.3-mile buffer around the site according to agency-approved protocols. Surveys shall be conducted between March 1st and August 31st, with three (3) complete surveys spaced at least seven (7) days apart to be completed by June 30th and a total of six (6) complete surveys over the course of two (2) years completed to determine presence or absence of NSO. If NSO(s) is determined to be present within 1.3 miles of the site, proposed cultivation activities shall not be permitted. See also Section 313-55.4.12.6 (Performance Standard for Noise).

55.4.12.1.10.6 Special-Status Nesting Birds (FEIR Mitigation Measure 3.4-1f). To minimize the potential for disturbance to bank swallow, little willow flycatcher, tricolored blackbird, western snowy plover, western yellow-billed cuckoo, and other special-status nesting bird habitat areas, vegetation removal shall only occur during the nonbreeding season of September 1st through January 31st, unless a qualified biologist verifies during the breeding season (February 1st through August 31st), in consultation with USFWS and/or CDFW, that there is no active nest present in the area. Preconstruction surveys shall occur no more than fourteen (14) days before construction commences. If an active nest of a sensitive bird species is present, construction shall be prohibited within a minimum distance of one hundred (100) feet of the sensitive habitat area until the nest or colony is no longer active. Alteration of or disturbance to suitable river bank habitat is prohibited for commercial cannabis activities.

55.4.12.1.10.7 Marbled Murrelet (FEIR Mitigation Measure 3.4-1g). If the biological reconnaissance survey determines that suitable habitat for marbled murrelet is present within or adjacent to the area of proposed new development, preconstruction surveys for marbled murrelet shall be conducted by a qualified biologist familiar with the life history of the marbled murrelet. Preconstruction surveys shall be conducted for nests within a one-quarter (0.25) mile buffer area around the project site according to agency-approved protocols. Surveys shall be conducted between April 15th and August 5th. If marbled murrelet is determined to be present, a one-quarter (0.25) mile no-disturbance buffer area shall be established around the sensitive habitat area until the end of the marbled murrelet breeding season (until August 6th). No equipment or activities shall occur within the no-disturbance buffer. See also Section 313-55.4.12.6 (Performance Standard for Noise).

55.4.12.1.10.8 American Badger (FEIR Mitigation Measure 3.4-1i). If the biological reconnaissance survey determines that suitable habitat for American badger is present within or adjacent to the area of proposed new development, then no more than thirty (30) days prior to commencement of construction a qualified biologist shall conduct preconstruction surveys of suitable badger burrow/den habitat areas to identify the presence of any badger burrows/dens. If occupied burrows/dens are found, sensitive badger habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with CDFW. A qualified biologist shall monitor the den weekly to track the status of the den and to determine if/when the den area has been cleared for construction.

55.4.12.1.10.9 Fisher and Humboldt Marten (FEIR Mitigation Measures 3.4-1j and 3.4-6b). If the biological reconnaissance survey determines that suitable habitat for fisher and/or Humboldt marten is present within or adjacent to the area of proposed development, then prior to commencement of construction and during the denning season of March 1st to July 31st a qualified biologist shall conduct preconstruction surveys of all suitable habitats to identify potential dens as well as any sightings of individual fishers or martens. If there are individual sightings or if potential dens are found, sensitive fisher and/or marten habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with USFWS and CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until denning activities are complete or until the den is abandoned, as determined by a qualified biologist in consultation with USFWS and CDFW. To minimize the potential for loss of or disturbance to fisher and marten habitat, removal of old-growth habitat shall be prohibited, and habitat features within non-old-growth habitat, such as large trees, large snags, coarse woody debris, and shrubby understory vegetation, shall be retained within the site to the extent feasible to maintain connectivity of fisher and marten habitat.

55.4.12.1.10.10 Special-Status Bats (FEIR Mitigation Measure 3.4-1k). If the biological reconnaissance survey determines that suitable hibernation and/or maternal roosting habitat for special-status bat species is present within or adjacent to the area of proposed new development, then prior to commencement of construction and during the appropriate roosting season(s) a qualified biologist shall conduct preconstruction surveys of all suitable roosting habitat areas. If occupied bat roosts are found, sensitive bat roosting areas shall be protected from significant disruption of habitat values consistent with local coastal land use plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas. No-disturbance buffer areas shall be maintained until roosting activities are complete, as determined by a qualified biologist in consultation with CDFW. For pallid bats and Townsend’s big-eared bats, the minimum size of the no-disturbance buffer area shall be four hundred (400) feet, and mitigation shall be required for impacts to nonoccupied roosting habitat of these bat species. A mitigation plan for any permitted disturbance to nonoccupied pallid and/or Townsend’s big-eared bat roosting habitat shall be developed in consultation with CDFW and shall be required to be implemented as a condition of permit approval.

55.4.12.1.10.11 Special-Status Voles (FEIR Mitigation Measure 3.4-1l). If the biological reconnaissance survey determines that suitable nesting habitat for Sonoma tree vole and/or white-footed vole is present within or adjacent to the area of proposed development, preconstruction surveys for vole nests shall be conducted by a qualified biologist prior to commencement of construction. If sensitive vole nest areas are found, a minimum two hundred (200) foot no-disturbance buffer area shall be established around the environmentally sensitive vole nest area. No equipment or activities shall be permitted to occur within the no-disturbance buffer area.

55.4.12.1.10.12 Special-Status Plants (FEIR Mitigation Measure 3.4-3a). During the blooming period(s) for the special-status plant species with the potential to occur in areas of proposed cannabis activities, as determined during the biological reconnaissance survey, a qualified botanist shall conduct protocol-level surveys for special-status plants and shall include survey results as part of the permit application. If special-status plants are found, sensitive plant habitat areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.

55.4.12.1.10.13 Sensitive Natural Communities (FEIR Mitigation Measure 3.4-4). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact sensitive natural communities, including, but not limited to, riparian areas; old-growth forests; oak woodlands; fish-bearing streams; coastal wetlands; northern foredune grasslands; and coastal terrace prairie. If sensitive natural communities are present, the sensitive areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.

55.4.12.1.10.14 Coastal Waters and Wetlands (FEIR mitigation measure 3.4-5). The biological reconnaissance survey shall document in a report to be submitted as part of the permit application whether the proposed cannabis-related development has the potential to impact coastal wetlands, streams, rivers, creeks, or natural drainage courses. If sensitive wetlands, waters, or drainage courses are present, a delineation shall be conducted by a qualified biologist according to agency-approved protocols. The sensitive wetland and water areas shall be protected from significant disruption of habitat values consistent with local coastal area plan requirements in consultation with CDFW. No equipment or activities shall be permitted to occur within any required no-disturbance buffer areas.

During provisional permitting of preexisting cultivation sites, the Department shall determine the necessity and focus of any biological evaluations required to evaluate conformity with local coastal program policies and standards in consultation with the California Department of Fish and Wildlife. For preexisting cultivation sites within 0.7 miles of a known northern spotted owl activity center, a qualified biologist, familiar with the life history of the northern spotted owl, shall conduct a disturbance and habitat modification assessment to determine the presence of the species and whether the cultivation site can operate or have its operation modified to avoid take of the species. If it is determined that take of the species could occur, the cultivation site will be required to relocate to outside of the northern spotted owl activity area.

55.4.12.1.11 Performance Standard for Hazardous Material Site Assessments and Contingency Plans (FEIR Mitigation Measures 3.7-2a and 3.7-2b). Where commercial cannabis activities are located or proposed on a property previously developed with an industrial or heavy commercial use, applications must be accompanied by a Phase I Environmental Site Assessment (ESA) for the presence of potential hazardous materials. If the initial assessment indicates the presence or likely presence of contamination, a Phase II ESA shall be prepared. Assessments shall be prepared in accordance with standards of the American Society for Testing and Materials (ASTM), and shall include an updated review of environmental risk databases. Phase II assessments shall include recommendations which consider project objectives/activities, applicable regulatory criteria, potential exposure pathways, and risk thresholds. Where demolition activities are proposed, ESA(s) shall include a survey for the presence of hazardous building materials, and specify appropriate treatment of solid waste during demolition and disposal.

55.4.12.1.11.1Where (a) contamination at the project site has been verified, or (b) new ground disturbance is proposed on a property previously developed with an industrial or heavy commercial use, a hazardous materials contingency plan shall be submitted for County review and approval during permit review, in consultation with Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control, as applicable. The permittee, their employees, and any contractors shall abide by and implement the plan during any construction activities involving ground disturbance. The plan shall describe the necessary actions that would be taken if evidence of contaminated soil or groundwater is encountered during construction. The contingency plan shall identify conditions that could indicate potential hazardous materials contamination, including soil discoloration, petroleum or chemical odors, and presence of USTs or buried building material. The plan shall include the provision that if, at any time during constructing the project, evidence of soil and/or groundwater contamination with hazardous material is encountered, construction shall immediately cease and the County shall be contacted per Section 313-55.4.12.1.11.3.

55.4.12.1.11.2Permit applications proposing work requiring demolition shall include a survey for the presence of hazardous building materials. ESA(s) shall provide recommendations for treatment of these materials during demolition as well as their disposal.

55.4.12.1.11.3If at any time during construction evidence of soil and/or groundwater contamination with hazardous material is encountered, the project applicant shall immediately halt construction and contact Humboldt County Division of Environmental Health. Work shall not recommence until the discovery has been assessed/treated appropriately to the satisfaction of Humboldt County Division of Environmental Health, North Coast Regional Water Quality Control Board, and California Department of Toxic Substances Control (as applicable). This may include soil or groundwater sampling and remediation if potentially hazardous materials are detected above threshold levels.

55.4.12.1.12 Performance Standard for Stormwater Management (FEIR Mitigation Measure 3.8-4). Projects shall include a plan detailing stormwater management for the property, including the location, capacity, and operation of all existing and proposed drainage facilities and features. The plan shall describe current drainage conditions and include analysis of any proposed alteration of on-site and off-site drainage flows. The plan shall prescribe measures to ensure that the project will retain or improve preproject drainage conditions, and in particular that there will be no net increase in the volume of stormwater runoff from the property. These measures shall be incorporated into the project design, subject to County review and approval during permit review. The plan shall specify maintenance intervals for all drainage improvements, which shall be observed for the lifetime of the permit.

55.4.12.1.13 Performance Standard for Management of Waste and Hazardous Materials (FEIR Mitigation Measure 3.13-1a).

55.4.12.1.13.1All projects shall include a materials management plan (MMP) for proper disposal of project-related waste at legally authorized disposal sites. Examples include solid waste such as: plant material, greenhouse framing, plastics and tarpaulin used in greenhouse sheathing and coverings, household trash, product packaging and containers, irrigation tubing, pots and similar containers used for propagation and cultivation, lighting, water bladders or tanks, pond liners, electrical lighting fixtures, wiring and related equipment, and fencing. Other forms of waste include effluent and byproducts from commercial activities (e.g., water or wastewater rich in plant chlorophyll or salts, spent fuels or solvents, etc.). The MMP shall include a detailed description of activities and processes occurring on site and the type and quantity of items produced. The MMP shall be submitted to the County Division of Environmental Health (DEH) and public agencies or private enterprises accepting waste materials. Commercial cannabis permits shall not be granted without approval of the MMP relevant agencies.

55.4.12.1.13.2Where project-related activities involve storage and use of hazardous materials at a reportable quantity, applicants shall prepare a hazardous materials management plan (HMMP) which details: operating procedures and processes, associated equipment and cleaning procedures, chemical requirements and reactions, waste volumes, storage areas, chemical handling procedures, and emergency equipment. The HMMP shall be submitted with the permit application, with copies to the DEH and public agencies or private enterprises as appropriate. Commercial cannabis permits shall not be granted without approval of the HMMP relevant agencies.

55.4.12.1.14 Performance Standard for Protection of Historical Resources (FEIR Mitigation Measure 3.5-1). Projects proposing the removal or exterior alteration of structures over forty-five (45) years in age shall provide a report prepared by a historical consultant meeting the Secretary of the Interior’s Professional Qualification Standards. The report shall include an evaluation and determination concerning whether the property contains historical resources which are listed or eligible for listing on any State, Federal, or local register of historical resources, using applicable criteria and standards for listing, including Section 15064.5 of the CEQA Guidelines. If resources included or eligible for inclusion in the National Register of Historic Places, California Register of Historic Resources, or local register are identified, an assessment of impacts on these resources shall be included in the report, as well as detailed measures to avoid impacts.

55.4.12.1.15 Performance Standard for Inadvertent Discovery of Archaeological and Paleontological Resources (FEIR Mitigation Measures 3.5-2 and 3.6-5).

55.4.12.1.15.1If cultural resources are encountered during ground disturbing activities, the contractor on site shall cease all work in the immediate area and within a fifty (50) foot buffer of the discovery location. A qualified archaeologist, as well as the appropriate Tribal Historic Preservation Officer(s), are to be contacted to evaluate the discovery and, in consultation with the applicant and lead agency, develop a treatment plan in any instance where significant impacts cannot be avoided. The Planning and Building Department shall provide information regarding the appropriate tribal point(s) of contact for a specific area. Prehistoric materials may include obsidian or chert flakes, tools, locally darkened midden soils, groundstone artifacts, shellfish or faunal remains, and human burials. If human remains are found, California Health and Safety Code Section 7050.5 requires that the County Coroner be contacted immediately.

55.4.12.1.15.2If a paleontological discovery is made during construction, the contractor shall immediately cease all work activities in the vicinity (within approximately one hundred (100) feet) of the discovery and shall immediately contact the County. A qualified paleontologist shall be retained to observe all subsequent grading and excavation activities in the area of the find and shall salvage fossils as necessary. The paleontologist shall establish procedures for paleontological resource surveillance and shall establish, in cooperation with the project developer, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. If major paleontological resources are discovered that require temporarily halting or redirecting of grading, the paleontologist shall report such findings to the County. The paleontologist shall determine appropriate actions, in cooperation with the applicant and the County, that ensure proper exploration and/or salvage.

55.4.12.2 Additional Miscellaneous Performance Standards for Commercial Cannabis Cultivation Activities. Permittees and operators shall conduct all commercial cannabis activities in compliance with the following performance standards. Failure to comply shall be grounds for permit revocation and administrative penalties.

General Standards Applicable to All Commercial Cannabis Activities

55.4.12.2.1All applicable statutes, regulations and requirements of the North Coast Regional Water Quality Control Board and State Water Resources Control Board. To be eligible for submittal and processing, permit applications must include information detailing all measures to achieve compliance with relevant requirements of these agencies. These measures shall be subject to verification during subsequent permit inspection(s).

55.4.12.2.2Any substantially equivalent rule addressing water quality protections and waste discharge that may be subsequently adopted by the County of Humboldt or other responsible agencies; provided, that all water quality protection requirements of the local coastal area plan are met.

55.4.12.2.3All terms of any applicable streambed alteration permit obtained from the Department of Fish and Wildlife.

Where no prior agreement has been secured for prior work within areas of DFW jurisdiction, entering an agreement pursuant to Section 1602 of the Fish and Game Code shall not be completed until the County permit has finished.

55.4.12.2.4All terms of any permit or exemption approved by the California Department of Forestry and Fire Protection (CAL-FIRE), including a less than three (3) acre conversion exemption or timberland conversion permit.

Where existing or proposed operations occupy sites created through prior unauthorized conversion of timberland, if the landowner has not completed a civil or criminal process and/or entered into a negotiated settlement with CAL-FIRE, the applicant shall secure the services of a registered professional forester (RPF) to evaluate site conditions and conversion history for the property and provide a written report to the Planning Division containing the RPF’s recommendation as to remedial actions necessary to bring the conversion area into compliance with provisions of the Forest Practices Act. The Planning Division shall circulate the report to CAL-FIRE for review and comment.

55.4.12.2.5Trucked water shall not be allowed, except for emergencies. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action.”

55.4.12.2.6Provide and maintain an approved means of sewage disposal that meets the required standards of the County Division of Environmental Health and/or the Regional Water Quality Control Board, as applicable.

55.4.12.2.7All Federal, State, and local laws and regulations applicable to California agricultural employers, including those governing cultivation and processing activities.

55.4.12.2.8All construction activity and use of heavy equipment shall take place between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 6:00 p.m. on Saturday and Sunday. (FEIR mitigation measure 3.10-1)

55.4.12.3(Reserved for Future Use)

55.4.12.4 Performance Standard for Light Pollution Control.

55.4.12.4.1Structures used for mixed-light cultivation and nurseries shall be shielded (e.g., with tarps) so that no light escapes between sunset and sunrise.

55.4.12.4.2Any security lighting for commercial cannabis activities shall be shielded and angled in such a way as to prevent light from spilling outside of the boundaries of the parcel(s) or premises or directly focusing on any surrounding uses.

55.4.12.4.3The County shall provide notice to the operator upon receiving any light pollution complaint concerning the cultivation site. Upon receiving notice, the applicant shall correct the violation as soon as possible and submit written documentation within ten (10) calendar days, demonstrating that all shielding has been repaired, inspected and corrected as necessary. Failure to correct the violation and provide documentation within this period shall be grounds for permit cancellation or administrative penalties, pursuant to the provisions of Section 313-55.4.5.3.

55.4.12.5 Performance Standards for Energy Use. All electricity sources utilized by commercial cannabis cultivation, manufacturing, or processing activities shall conform to one (1) or more of the following standards:

55.4.12.5.1Grid power supplied from one hundred percent (100%) renewable source.

55.4.12.5.2On-site renewable energy system with up to twenty percent (20%) net nonrenewable energy use.

55.4.12.5.3Grid power supplied by partial or wholly nonrenewable source with purchase of carbon offset credits.

Purchase of carbon offset credits (for grid power procured from nonrenewable producers) may only be made from reputable sources, including those found on offset project registries managed by the California Air Resources Board, or similar sources and programs determined to provide bona fide offsets recognized by relevant State regulatory agencies.

55.4.12.6 Performance Standard for Noise at Cultivation Sites (FEIR Mitigation Measure 3.4-1h). Noise from cultivation and related activities shall not result in an increase of more than three (3) decibels of continuous noise above existing ambient noise levels at any property line of the site. Existing ambient noise levels shall be determined by taking twenty-four (24) hour measurements on three (3) or more property lines when all cannabis related activities are not in operation. Project-generated sound must not exceed ambient nesting conditions by twenty (20) to twenty-five (25) decibels. Project-generated sound, when added to existing ambient conditions, must not exceed ninety (90) decibels.

55.4.12.6.1Where located within one (1) mile of mapped habitat for marbled murrelet or spotted owls where timberland is present, maximum noise exposure from the combination of background cultivation related noise may not exceed fifty (50) decibels measured at a distance of one hundred (100) feet from the noise source or the edge of habitat, whichever is closer. Where ambient noise levels, without including cultivation related noise, exceed fifty (50) decibels within one hundred (100) feet from the cultivation related noise source or the edge of habitat, cultivation-related noise sources may exceed fifty (50) decibels provided no increase over ambient noise levels would result. Marbled murrelet and northern spotted owl are most active during dawn and dusk. Within approximately two (2) hours of sunrise and sunset, ambient sound levels are lower than during the middle of the day (by approximately five (5) to ten (10) decibels). This will be accounted for when determining impacts of project-generated sound.

55.4.12.6.2The permit application must include information demonstrating compliance with the noise standards, including but not limited to:

55.4.12.6.2.1Site plan detailing the location of all noise sources, property lines, and nearby forested areas and sensitive receptors.

55.4.12.6.2.2Existing ambient noise levels at the property line using current noise measurements (excluding cultivation related noise).

55.4.12.6.2.3Details on the design of any structure(s) or equipment used to attenuate noise.

55.4.12.6.2.4Details on the location and characteristics of any landscaping, natural features, or other measures which serve to attenuate noise levels at nearby property lines or habitat.

55.4.12.7 Performance Standards for Cannabis Irrigation. In addition to the requirements of Section 313-55.4.6.3.2 that irrigation shall exclusively utilize stored water from nondiversionary sources, or water from a public or private water supplier (if adequate capacity exists for irrigation use, as determined by the public or private water supplier), all cannabis irrigation, regardless of cultivation area, shall be subject to the following standards:

Documentation of Current and Projected Water Use

55.4.12.7.1All requests to permit commercial cannabis cultivation activities shall provide information detailing past and proposed use(s) of water on the parcel(s) or premises. Information in the plan shall be developed to the satisfaction of County staff. At a minimum, the following items shall be included:

55.4.12.7.1.1Information identifying the cultivation season(s).

55.4.12.7.1.2A water budget showing monthly past or projected irrigation demands, including periods of peak usage, broken out by each discrete cultivation site. Irrigation reporting or projections shall be differentiated where cultivation methods and conditions result in differences in water usage at specific cultivation sites.

55.4.12.7.1.3A listing of current or proposed areas of on-site water storage, if applicable, showing volume in gallons.

55.4.12.7.1.4A description of on-site water conservation measures including but not limited to: rainwater catchment systems, drip irrigation, timers, mulching, irrigation water recycling, and methods for insuring irrigation occurs at agronomic rates.

Metering and Recordkeeping

55.4.12.7.2A metering device shall be installed and maintained on all locations of water withdrawal (including wells). The meter shall be located at or near the point of withdrawal.

55.4.12.7.3A metering device shall be installed and maintained at or near the outlet of all water storage facilities utilized for irrigation.

55.4.12.7.4Operators shall maintain a weekly record of all water used in irrigation of permitted cultivation areas. A copy of these records shall be stored and maintained at the cultivation site and kept separately or differentiated from any record of water use for domestic, fire protection, or other irrigation purposes. Irrigation records shall be reported to the County on an annual basis, at least thirty (30) days prior to the date of each annual permit inspection. Records shall also be made available for review during site inspections by local and State officials.

55.4.12.8 Performance Standards for Water Storage. All facilities and equipment storing water for irrigation shall be designed and managed in conformance with the following performance standards, as applicable:

Existing Ponds and Reservoirs

55.4.12.8.1To prevent occupancy by and survival of nonnative bullfrog species, ponds shall be designed to be drained. Draining may be required on an annual basis or other interval where determined necessary.

55.4.12.8.2Introduction or maintenance of nonnative species is prohibited where an existing or proposed pond is filled from or outlets to a nearby stream or wetland.

55.4.12.8.3Ponds shall be designed with pathways enabling escape by local wildlife. These may include rock-lined portions or similar features providing equivalent means of egress.

55.4.12.8.4All ponds and reservoirs shall be designed by a licensed civil engineer where utilizing a dike, earthen dam, berm or similar feature to facilitate water storage. The engineer shall evaluate the risk of pond failure under natural conditions and specify provisions for periodic inspection, routine maintenance, and long-term management. An engineered reclamation and remediation plan shall be submitted for County approval within one (1) year of sunset or cancellation of the permit, and completed within standard permitting timeframes.

Bladders and Above-Ground Pools, and Similar Vessels

55.4.12.8.5Use of bladders, above-ground pools, and similar vessels is prohibited. Where a provisional cultivation site utilizes any of these means for water storage, removal and replacement with a substitute approved method of water storage (e.g., tank(s), reservoir, etc.) shall be completed within two (2) years of provisional permit approval.

Tanks Located in Designated Flood Zones

55.4.12.8.6Tanks shall be sited consistent with the setbacks requirements of Section 313-55.4.5.1.3 at least one (1) foot above the base flood elevation or wet flood proofed and anchored.

55.4.12.9 Performance Standard for Wells on Small Parcels (FEIR Mitigation Measure 3.8-3). Cultivation site(s) located on lot sizes of forty (40) acres or smaller, where proposing or conducting irrigation with water from a proposed or existing well located within four hundred (400) feet of a property line, shall be subject to groundwater testing to determine connectivity of the source supply well. A coastal development permit shall be required for new test wells. These tests shall be conducted by a qualified professional and preceded by a minimum of eight (8) hours of nonoperation to maintain a static depth to water measurement. Results of testing are required to be provided with the permit application submittal. If the testing demonstrates use of the well results in the drawdown of any adjacent well(s), a special permit will be required. Use of the well for cannabis-related irrigation may be prohibited, limited, or subject to provisional approval and monitoring. As part of the annual inspection process, cultivation operators shall provide the County with groundwater monitoring data for on-site well facilities that documents well production and changes in groundwater levels during each month of the year. Should this monitoring data identify potential drawdown impacts to adjacent well(s) and indicate a connection to operation of the on-site wells, the cultivation operators, in conjunction with the County, shall develop adaptive management measures to allow for recovery of groundwater levels. Adaptive management measures may include forbearance, water conservation measures, reductions in on-site cannabis cultivation, alteration of the groundwater pumping schedule, or other measures determined appropriate. Adaptive management measures that involve development shall require CDP authorization. Adaptive management measures shall remain in place until groundwater levels have recovered to preproject conditions based on annual monitoring data provided to the County as part of subsequent annual inspections. In addition, as required by Section 313-55.4.6.4.4.1.9, proposed new agricultural wells shall observe all prescribed setbacks and limitations pertaining to the use of land adjacent to ESHA, including, but not limited to, wetlands and streams.

55.4.12.10 Soils Management Performance Standard. A soils management plan shall be provided detailing the use of imported and native soil on the parcel(s) or premises. The plan shall provide accounting for the annual and seasonal volume of soil that is imported and exported and documentation of the approved location of any parcel(s) used for off-site disposal of spent soil if this occurs or is proposed.

55.4.12.11 Existing Site Reconfiguration.

55.4.12.11.1Where an existing site does not conform to one or more performance standards or eligibility criteria, or cannot comply with local, State, or Federal regulatory requirements, reconfiguration can be permitted consistent with the certified local coastal land use plan of the cultivation site and associated infrastructure may be permitted; provided, that the reconfiguration results in an improvement in the environmental resources of the site, and the site is brought into compliance with the requirements of this section.

55.4.12.11.2A biological resource protection plan must also be included. The plan shall be prepared by a qualified professional and evaluate whether prior unpermitted development or disturbance has occurred within the environmentally sensitive habitat area.

55.4.12.11.3Preexisting cultivation areas to be relocated must be restored to predisturbance conditions and restocked and/or managed to promote recovery by native vegetation and tree species.

55.4.12.11.4Existing interior driveways and road networks may be reconfigured to achieve better design and compliance with road standards and watercourse protections.

55.4.12.11.5All relocated road segments must be fully decommissioned and restored to predisturbance conditions or mothballed and stabilized to ensure that they are no longer a threat to water quality. Relocated road systems occupying the site of converted timberland shall be restocked and/or managed to promote recovery by native vegetation and tree species.

55.4.12.11.6All remediation activities shall be performed in accordance with the remediation performance standard (Section 313-55.4.12.13).

55.4.12.12 Performance Standard for Adaptive Reuse of Developed Industrial Site(s). All commercial cannabis activities shall be conducted in a way which avoids displacing or destroying existing buildings or other infrastructure on the parcel developed for prior commercial or industrial uses. Adaptations shall be carefully designed to preserve future opportunity for future resumption or restoration of other commercial or industrial uses after commercial cannabis activities have ceased or been terminated.

55.4.12.12.1Development of additional buildings or infrastructure only allowed once existing infrastructure has been fully occupied.

55.4.12.12.2Interior changes or additions to facilities must not prevent future reoccupancy by new uses which are compatible with the base zoning district or consistent with historic prior operations.

55.4.12.12.3Newly constructed facilities must comply with all development standards of the principal zoning district(s).

See also the performance standards of Section 313-55.4.12.1.11, which also apply to some industrial and commercial properties.

55.4.12.13 Performance Standard for Remediation Activities. In addition to the requirements of Section 313-55.4.6.6, all remediation activities shall restore the site to predevelopment conditions to the maximum extent feasible. A mitigation and monitoring plan shall be submitted subject to review and approval of the Hearing Officer. The plan shall address prevention of damage to soil, plant and animal life, and surface and subsurface water supplies, and shall include standards for documentation, reporting, and adaptive management.

55.4.12.14 Performance Standard for Public Accommodations. Sites of permitted commercial cannabis activities may be authorized to host visits by the general public, as follows:

55.4.12.14.1Public visitation may be permitted with a zoning clearance certificate at all sites within commercial and industrial zoning districts when meeting the requirements of this section.

55.4.12.14.2Public visitation may be permitted with a special permit and coastal development permit at sites located within those zones listed under Section 313-55.4.6.1.1 (AE and RA) when meeting the requirements of this section. Where access to the site is provided through shared use private road systems, notice of the project will also be sent to all owners and occupants of property accessed through these common road systems, pursuant to Section 313-55.4.12.1.8.5. The permit may limit or specify the size and weight of vehicles authorized to visit the site, periods during which visitation may occur, and other measures to ensure compatibility with neighboring land uses and limit impacts to shared use private road systems.

55.4.12.14.3Visitation by the general public may include tours and tour groups, cannabis bed and breakfasts, and similar activities. Visitation does not include weddings, parties, or similar occasions. Special events and other temporary uses are permissible with a coastal development permit and conditional use permit pursuant to Section 313-62.1.

55.4.12.14.4The following standards apply to any commercial cannabis activity site open to the public:

55.4.12.14.4.1Sites located in those zones specified in Section 313-55.4.6.1 shall limit hours of operation for public access other than employees to between 9:00 a.m. and 6:00 p.m.

55.4.12.14.4.2Restroom facilities shall be provided for visitors to the site.

55.4.12.14.4.3All facilities open to the public (parking, structures, restrooms, etc.) shall be designed and managed in compliance with relevant provisions for accessibility, as established in compliance with the Americans with Disabilities Act (ADA).

55.4.12.14.4.4Agricultural-exempt structures may not be opened to visitation by the general public.

55.4.12.14.4.5 Road System and Driveways.

55.4.12.14.4.5.1 Locational Criteria. The parcel(s) or premises shall be located on roads that are paved with centerline stripe, or paved meeting the Category 4 standard. Exceptions may be considered with a use permit. Where an exception is sought, the use permit application shall include an evaluation of the local road network and relevant segments prepared by a licensed engineer. The engineer’s report shall include substantial evidence to support a finding that standards for the protection of public health and safety, including fire safe road access, capacity to support anticipated traffic volumes, water quality objectives, and protection of habitat can be met.

55.4.12.14.4.5.2Sites shall have a driveway and turnaround area meeting the following requirements:

55.4.12.14.4.5.2.1All driveways shall be constructed to a minimum Road Category 1 standard. Driveways shall have a minimum ten (10) foot traffic lane and an unobstructed vertical clearance of fifteen (15) feet along their entire length. Driveways in excess of one thousand three hundred twenty (1,320) feet in length shall be constructed to the standard for Road Category 2.

55.4.12.14.4.5.2.2Driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where a driveway exceeds eight hundred (800) feet, turnouts shall be spaced at intervisible points at approximately four hundred (400) foot intervals. The location and spacing of turnouts shall be in conformance with the County Roadway Design Manual.

55.4.12.14.4.5.2.3A turnaround shall be within fifty (50) feet of the parking area.

55.4.12.14.4.5.2.4The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.

55.4.12.14.4.5.2.5Sites within the jurisdiction and service area of a local fire protection district shall meet the driveway and turnaround requirements of that agency.

55.4.12.14.4.6 Parking.

55.4.12.14.4.6.1Sites shall provide adequately sized on-site parking for tour vehicles.

55.4.12.14.4.6.2Sites shall include a minimum of six (6) parking spaces plus one (1) additional parking space for every two (2) employees.

55.4.12.15 Performance Standards for Tour Operators and Tour Sites. Tour Operators

Tour operators shall comply with all of the following measures:

55.4.12.15.1The use of sound amplification equipment outside the tour vehicle is prohibited.

55.4.12.15.2Tour guests shall be restricted to adults twenty-one (21) years of age or older. Age shall be verified prior to the start of any tour.

55.4.12.15.3Travel shall only be made to sites eligible for hosting visits by the general public. Prior to initially visiting any site, the tour operator shall contact the Planning and Building Department to confirm the eligibility of the site, and any applicable special conditions.

55.4.12.15.4Tour operators shall observe any vehicle weight restrictions when visiting tour sites.

Tour Site Eligibility Criteria

Where authorized, the site(s) of any permitted commercial cannabis activity may host tours when meeting the following criteria:

55.4.12.15.5The site(s) conform with the public accommodation performance standard.

55.4.12.15.6Visitation is restricted to vehicles in compliance with the applicable weight restriction.

55.4.12.16 Invasive Plant Species Control (FEIR Mitigation Measure 3.4-3b). It is the responsibility of a certificate or permit holder to work to eradicate invasive plant species classified as invasive by the California Invasive Plant Council. As part of any application, the existence of invasive species on the project parcel shall be identified, including the type(s) of invasive plant species, where they are located, and a plan to control their spread. All invasive plant species shall be removed from the cultivation site and associated infrastructure using measures appropriate to the species. All required permits for invasive species removal shall be obtained prior to invasive species removal activities. Vegetation spoils shall be properly disposed of at a legally authorized landfill site to avoid further spread of invasive species. Removal shall be confirmed during subsequent annual inspection. Corrective action may be required as part of the annual permit renewal for commercial cannabis activities if invasive species remain or are found to have returned. Heavy equipment and other machinery used for commercial cannabis activities shall be inspected for the presence of invasive species prior to on-site use and shall be cleaned prior to entering the site to reduce the risk of introducing invasive plant species to the site.

55.4.12.17 Performance Standard for Visual Resources Protection. All development associated with a commercial cannabis operation shall comply with all applicable policies of the local coastal area plan for the protection of public visual resources. In addition, greenhouses, fencing, and other structures in AE and RA zones (a) shall not block blue water views or blue sky views as seen from public roadways and other public vantage points; and (b) shall be sited to cluster all development near existing structures to the maximum extent feasible to maintain and maximize views of open areas available from public roads and other public vantage points.

55.4.13 Humboldt Artisanal Branding. The County shall develop a program for recognition and certification of commercial cannabis cultivators meeting standards to be established by the Agricultural Commissioner, including, but not limited to, the following criteria:

55.4.13.1Cultivation area of three thousand (3,000) square feet or less.

55.4.13.2Operated by a County permit and State license holder who resides on the same parcel as the cultivation site.

55.4.13.3Grown exclusively with natural light.

55.4.13.4Meets organic certification standards or the substantial equivalent.

55.4.14 Right to Farm Disclosure. When required to execute or make available a disclosure statement pursuant to Section 313-43.2, “Right to Farm Ordinance,” said statement shall include information describing the possibility of commercial cultivation of cannabis. (Ord. 2468, Section 1, 12/13/2011; Ord. 2634, § 2, 7/23/2019)

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