To: BOARD OF SUPERVISORS
From: Supervisor Haschak
Meeting Date: September 10, 2024
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Department Contact: |
Supervisor Haschak |
Phone: |
707-463-4221 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 1 Hour |
Agenda Title:
title
Discussion and Possible Action Including Direction to Staff Regarding Cannabis Density Allowed in Mendocino County Code Section 10A.17.070(D)
(Sponsor: Supervisor Haschak)
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Recommended Action/Motion:
recommendation
Provide direction to staff regarding cannabis density allowed in Mendocino County Code Section 10A.17.070(D)
End
Previous Board/Board Committee Actions:
There have been many actions taken by the Board of Supervisors regarding the Cannabis Ordinance 10A.17. Most recently, on February 6, 2024, the Board adopted ordinance amending Chapter 10A.17 of the Mendocino County Code to further streamline the cannabis cultivation permitting processes.
Summary of Request:
There has been recent controversy about allowable cannabis density limits within Mendocino County Code Section 10A.17.070(D). The County’s cannabis cultivation ordinance has been consistently understood to allow up to two separate Cannabis Cultivation Business Licenses (CCBLs) be issued on a parcel in most zoning districts. In most zoning districts, CCBLs have historically been issued allowing up to 22,000 square feet of cultivation area on a parcel, with one CCBL allowing up to 10,000 square foot limit of mature canopy, and a second nursery CCBL allowing up to 12,000 square feet of immature canopy.
On April 24, 2024, the General Government Committee learned that a plain reading of the County’s Code did not limit the second license type to that of a nursery. The practical implication is that additional mature canopy may be permissible in areas not zoned Rural Residential:5 or “Resource Lands” (rangeland, timber production, and FL). This is all consistent with the County’s existing CEQA review, and the Mitigated Negative Declaration which considered parcels having up to 22,000 sq. ft of cultivation. 5 people have applied for a second CCBL since April 2024, while 159 have been denied or withdrawn in 2024 so far.
Members of the public have expressed their feeling that the intent of the ordinance was to limit cultivation to 10,000 sq. ft. Since there are strong opinions on this issue, this agenda item is intended to allow the Board to consider providing direction to staff related to a potential ordinance amendment. Inaction by the Board will allow for the plain reading of the ordinance to stand, allowing for two different types of CCBLs and up to 20,000 square feet of cannabis canopy in appropriately zoned areas. If the Board wants to return to what some consider the original intent of the ordinance, and what has been the operational practice until April 2024, an ordinance amendment will be necessary.
Alternative Action/Motion:
Provide alternative direction to staff.
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: NA |
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current f/y cost: NA |
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annual recurring cost: NA |
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budgeted in current f/y: N/A |
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if no, please describe: |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: N/A
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Direction Given to Staff |
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Date: September 10, 2024 |
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