The Colusa Planning Commission last week continued the public hearing on the large cannabis cultivation and research facility on East Clay Street to June 22 after a motion to grant a conditional use permit to allow construction failed to pick up traction.
The Triple Crown Cannabis Business Park has been in the works for a number of years, after property owner Mike Olivas dropped his plans to build the much hated Riverbend Estates to go into the marijuana business, at the request of City Manager Jesse Cain.
Community Development Director Bryan Stice said he and Cain spoke to neighboring property owners in 2012 about the land use change, and many considered a cannabis facility adjacent the levee to be the lesser of two evils.
“I don’t want to put words in anybody’s mouth but there was a level of tolerance and support for the project, notwithstanding individual concerns expressed by members of the community and surrounding property owners that they presented to the Planning Commission and City Council as the project morphed from a residential subdivision into a proposed General Plan amendment from residential to light industrial.”
The proposed project would involve the construction of approximately 1.5 million sq.ft. of developed facilities, including energy-efficient greenhouses for marijuana cultivation, a warehouse, two-story office and research buildings, storage areas, and paved parking lots.
Last week’s Planning Commission meeting again drew residents who have not changed views on any large construction project at that location because of the area-wide water seepage that makes the property flood – even when it’s not raining.
A number of residents, including some who just learned the project had been cleared by the City Council in 2019, said they are terrified the 34-acre concrete footprint would cause water to push to the surface on their property – despite the proposed 13-acre retention pond – potentially damaging septic tanks and structures.
Stice, however, said the city has adopted mitigation measures that would offset environmental impacts and that the project, prepared by a civil engineer, would be under extensive review by Colusa’s engineer to see those measures minimize the environmental impacts to surrounding properties.
While the Planning Commission intended to review architectural designs and site plans at the atypical May 11 meeting, most of the three-hour hearing was devoted to public testimony on environmental impacts, including whether wells could be contaminated by chemicals and pesticides used in marijuana cultivation.
While city officials said the statute of limitations has passed to challenge the environmental review, Colusa residents said they don’t trust the city or the process, largely because the project has changed significantly since the original review. Residents also expressed concern that agendas were seldom posted online, as required by law; planning officials typically made decisions based on information they receive the night of their meetings; and documents related to planning are never posted online for the public to review.
One of the things CEQA recommends is that, as designs refine and change, there comes a point at which you need to look at the environmental considerations again,” said Mariah Brumbaugh.
While Brumbaugh recommended a full hydrology review, City Engineer Dave Swartz said the review that was conducted in 2014 was sufficient for the “planning level,” and that higher levels of study would be completed as the project is engineered and designed. In fact, the owner of the project will be required to submit a comprehensive storm drainage plan as a condition of development, Swartz said.
Colusa resident Julie Garofalo, a certified hydrogeologist, said she reviewed the 2014 initial study and mitigated negative declarations for the project and identified a number of deficiencies, particularly the lack of analysis to support a number of claims. She said she also reviewed project design elements that caused her great concern about groundwater contamination.
In addition to hydrology issues, which Stice said would not be relitigated, Garofalo said the project violates Colusa’s General Plan land use policy that requires a 200-500 foot buffer between residents and projects that use agriculture pesticides.
The project also violates the city’s open space policy.
“The city’s policy PRC-1 states that “the City shall require that new development be designed and constructed to preserve the types of areas and features as open space to the maximum extent feasible, including scenic corridors and wetlands, and riparian vegetation,” Garofalo said, “The Sacramento River levee is a scenic corridor. It provides a beautiful path for our citizens to enjoy a walk or bike ride along the river. Furthermore, wildlife such as deer, coyotes, fox – the list goes on – are a common site as they cross the levee to graze in fields adjacent to the levee.”
Garofalo said the iron-barricaded project, with 40-foot tall structures, does not support the preservation of the scenic corridor and is not supported by the city’s policies.”
While city officials said it is unlikely they could stop an already-approved project after years and resources invested in it by the developer, without facing another lawsuit, the Planning Commission said they did need more information on certain aspects of the project before making a decision.
“I want to make sure what we are doing is right for everyone, not just a select few,” said Commissioner Ryan Cordoniz
While the approval of the conditional use permit was continued, the City Council will have the ultimate say on the developer agreement and whether the project will go forward as planned.
Olivas said he is well aware of the concerns of the public about the project, and that he would do everything he can to mitigate those concerns and build an acceptable project.
“I made a big change from residential because everybody hated it,” Olivas said. “I didn’t do it because I thought I would make more money.” ■