Amendments to Humboldt County Code Regulating Commercial Cannabis Activities
NOP - Notice of Preparation of a Draft EIR
Present Land Use
The proposed amendments to the Humboldt County Code including provisions previously established by ordinance Nos. 2554 and 2559 are intended to achieve the following regulatory objectives:
- Repeal the deadline for applications, and continue to accept applications under Ordinance No. 2559 for medical cannabis without significant changes.
- Expand the scope of the Ordinance Nos. 2554 and 2559 to include commercial marijuana operations for adult recreational use now authorized by AUMA, under the same general regulations as medical cannabis.
- Expand the areas where new cultivation or expansion of existing cultivation sites will be permitted to locations with or without prime agricultural soils that are planned and zoned for agricultural use, meeting specific criteria to be established:
- Natural slopes 15 % or less
- In lower portions of principal watersheds where established riparian water rights exist
- With viable local on-site water source, including:
o Rainwater capture and storage
o Surface water diversion and storage under standard forbearance period or refined or dynamic period set by flow data or localized water management plan
o Groundwater, where known to be non-hydrologically connected
- Located on or within 1 mile of county-maintained roads
- Or located on private road systems meeting the category 4 road standard
- With on-grid power or alternative energy source (solar, wind, or micro-hydro)
- Restrict or prohibit generator use
- Limit new cultivation or expansion to areas not requiring conversion of timberland
- Provide for micro-business license type under AUMA within 2 miles of state highways
- Apply special requirements/limitations for projects located within spheres of influence or community areas
- Provide consistency with state law amendments to medical cannabis regulations (MCRSA)
- Provide consistency with state agency regulations to implement MCRSA and AUMA by Departments of Consumer Affairs, Food & Agriculture and Public Health, or other agencies
- Provide consistency with forthcoming interim principles and guidelines for diversion and use of water for cannabis cultivation to be prepared by the State Water Resources Control Board in consultation with the Department of Fish and Wildlife
- Provide for additional amendments to existing ordinance provisions including: application requirements, performance standards, general provisions, and permit types
- Amendments to other relevant provisions of Humboldt County Code including but not limited to:
o County Code Enforcement provisions
o Humboldt County Streamside Management Area Ordinance
o County Business License provisions
Pacific Ocean, Klamath River, Trinity, River, Mad River, Van Duzen River, Mattole River, Eel Riv
Rivers: Eel River, Bear River, Redwood Creek watersheds, and their tributaries.
Notice of Completion
State Review Period Start
State Review Period End
State Reviewing Agencies
California Coastal Commission (CCC), California Department of Conservation (DOC), California Department of Fish and Wildlife, Eureka Region 1 (CDFW), California Department of Justice, Attorney General's Office, California Department of Transportation, District 1 (DOT), California Regional Water Quality Control Board, North Coast Region 1 (RWQCB), California State Lands Commission (SLC), Department of Water Resources, Office of Historic Preservation, Resources Agency, State Water Resources Control Board, California Native American Heritage Commission (NAHC), California Department of Parks and Recreation
State Reviewing Agency Comments
California Native American Heritage Commission (NAHC), California Department of Parks and Recreation
Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Hazards & Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Public Services, Wildfire, Tribal, GHGE, Climate Change
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