Proposed Cannabis Cultivation Regulations in Humboldt County
Humboldt County in California is proposing amendments to its Cannabis Land Use Ordinance, introducing regulations for commercial activities such as cultivation, processing, and retail sale of cannabis. The framework includes caps on permits and total cultivation acreage in the coastal zone, along with requirements for annual permit renewals and compliance inspections.
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ITEM TH7B IMPLEMENTATION PROGRAM AMENDMENT APPLICATION NO. LCP-1-HUM-16-0075-2 (PART C) shutterstock Humboldt Co. Sheriff s Dept. royalqueenseeds.com CALIFORNIA COASTAL COMMISSION NORTH COAST DISTRICT SLIDE 1
HUMBOLDT COUNTY CANNABIS LCP AMENDMENT SUBMITTALS CCLUO* New Implementation Plan (IP) Regulations LCP Application File Number Initial Transmittal Date 1/18/2012 Revised Transmittal Date N/A*** Indoor Cultivation/ Personal Medical Outdoor Cultivation/ Personal Medical Medical Dispensaries Commercial Activities HUM-MIN-1-12 Phase 1 Part A** 12/30/2016 6/8/2018 Phase 2 Part B** Part C** 12/30/2016 12/30/2016 6/8/2018 6/8/2018 Phase 3 Phase 4 * Commercial Cannabis Land Use Ordinance ** LCP Amendment Application No. LCP-1-HUM-16-0075-2 was deemed complete on 12/21/2018 and the deadline for Commission action is 8/19/2019 *** Certified by the Commission on 3/9/2012 ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 2
SIX LUPS ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 3
FRAMEWORKOF PROPOSED IP AMENDMENT Adds regulations for commercial cultivation, processing, manufacturing, distribution, testing, and retail sale No change to existing zoning district standards for principal or conditional uses Cannabis is a highly regulated specialty crop that shall not be allowed as a principal permitted use under the General Agriculture Use Type classification ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 4
FRAMEWORKOF PROPOSED IP AMENDMENT Caps on cultivation permits (171 permits) and total cultivation acreage in the coastal zone (61 acres) CDP required for commercial cannabis activities Permits must be renewed annually subject to compliance inspections ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 5
FRAMEWORKOF PROPOSED IP AMENDMENT Zoning District Min. parcel size for outdoor, mixed-light, & indoor 20 ac.* 20 ac. 2 ac. 2 ac. 2 ac. 2 ac. Max. Limits on prime soils cultivation area Agriculture Exclusive (AE) Rural Residential Ag. (RA) Commercial General (CG) Light Industrial (ML) General Industrial (MG) Coastal-Dep. Industrial (MC) 1 ac.* 1 ac. >1 ac. >1 ac. >1 ac. >1 ac. 20% 20% - - - - *Exceptions to the minimum parcel size for cultivation within existing structures and to the 1-acre cultivation limit for parcels >320 acres ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 6
AGRICULTURAL RESOURCES PROTECTION Permit caps; very small percentage of coastal lands to be devoted to commercial cannabis 20-acre minimum parcel size in AE & RA zones 1-acre cultivation area max. in most cases 20% cultivation area cap on prime ag soils Indoor restrictions on AE lands Protections for grazing lands ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 7
VISUAL RESOURCES PROTECTION Permit caps Performance standards for light pollution Existing IP regulations protection Coastal Scenic Areas and Coastal View Areas Requirements to protect blue water views and blue sky views from public vantage points, and to site and cluster new development near existing structures ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 8
WETLAND, ESHA, & STREAM PROTECTIONS No stream diversions allowed for irrigation No hydrologically connected wells allowed for irrigation Minimum 100-foot buffer from wetlands & ESHA Numerous performances standards related to road standards, biological resources, hazardous materials management, stormwater management, etc. ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 9
PROTECTIONOF TIMBERLANDS No cultivation allowed on coastal timberlands ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 10
PROVISIONAL PERMITS Only for pre-existing cultivation sites in existence between 1/1/2016 and 12/31/2015 (based on aerial photos and other evidence to establish status) Must meet zoning and minimum parcel size eligibility criteria Not considered grandfathered legal non- conforming uses Must comply with standards within 2 years ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 11
SUGGESTED MODIFICATIONS See Appendix C and staff report pages 11-13 RECOMMENDATION 1. Deny the IP amendment as submitted 2. Certify the IP amendment with suggested mods (see Motions on page 7) ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 12
PERMIT CAP DISTRIBUTIONBY LUP AREA LUP: NCAP 963 2,400 TAP 42 0 MAP 1,081 1,900 HBAP 8,354 16,700 ERAP 26,054 46,000 SCAP 8,635 24,000 Eligible Parcels (acres) Agricultural lands (acres) Commercial & industrial lands (acres) Proposed max. acreages (& max. number of permits) for commercial cannabis cultivation (including outdoor, mixed-light, and indoor) 60 14 <1 1,200 175 23 2 ac. (4) 0 2 ac. (4) 13 ac. (38) 39 ac. (112) 5 ac. (13) ITEM TH7B LCP AMENDMENT APPLICATION NUMBER LCP-1-HUM-16-0075-2 (PART C) COUNTYOF HUMBOLDT CCLUO SLIDE 13
