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File #: 24-0079    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 1/8/2024 In control: County Counsel
On agenda: 1/23/2024 Final action:
Title: Discussion and Possible Action Including (1) Introduction and Waive First Reading of an Ordinance Amending Chapter 10A.17 of the Mendocino County Code to Further Streamline the Cannabis Cultivation Permitting Processes; and (2) Adoption of CEQA Resolution Regarding an Addendum to the Previously Adopted Mitigated Negative Declaration (Sponsors: County Counsel and Cannabis)
Sponsors: County Counsel
Attachments: 1. Resolution 24-017, 2. Staff Report, 3. Ordinance Summary, 4. Ordinance Amendment - Clean, 5. Ordinance Amendment - Redline, 6. Resolution, 7. Cannabis Program T&T Memo - October 2023, 8. 01-23-14 Ordinance Amendment (Redline)(Revised), 9. 01-23-24 Resolution (Revised), 10. 01-23-24 Ordinance Amendment (Redline)(with approved changes)

To:  BOARD OF SUPERVISORS

From:  County Counsel and Cannabis

Meeting Date:  January 23, 2024

 

Department Contact:  

Jared Schwass

Phone: 

707-234-6885

Department Contact:  

Sara McBurney

Phone: 

707-234-6680

CEO Contact:   

Phone: 

 

 

Steve Dunnicliff

Phone: 

707-463-5649

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 1.5 Hours

 

 

Agenda Title:

title

Discussion and Possible Action Including (1) Introduction and Waive First Reading of an Ordinance Amending Chapter 10A.17 of the Mendocino County Code to Further Streamline the Cannabis Cultivation Permitting Processes; and (2) Adoption of CEQA Resolution Regarding an Addendum to the Previously Adopted Mitigated Negative Declaration

(Sponsors: County Counsel and Cannabis)

End

 

Recommended Action/Motion:

recommendation

(1) Introduce and waive the first reading of an ordinance amending Chapter 10A.17 of the Mendocino County Code to further streamline the cannabis cultivation permitting processes; (2) adopt the CEQA resolution regarding an addendum to the previously adopted mitigated negative declaration; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On May 17, 2022, the Board of Supervisors (Board) directed department staff to return with an answer as to whether the current cannabis ordinance process is as streamlined as possible, and if not, provide recommendations on more streamlined versions with pros and cons.

 

On October 4, 2022, the Board discussed and directed staff regarding the Cannabis Ad Hoc Recommendations, including direction to bring Ad Hoc Recommendations 8., 11., and 12., to the General Government Committee for discussion and recommendation.

 

On March 14, 2023, the Board directed County Counsel to prepare a draft ordinance and environmental document removing or streamlining local cannabis permit requirements while maintaining all of the same environmental protection measures.

 

At an April 14, 2023, special meeting of the General Government Committee, a draft of the ordinance was reviewed, and recommendations were made.

 

On May 23, 2023, the Board of Supervisors adopted 23-0600, an Addendum to the Previous Adopted Mitigated Negative Declaration for Amendments to Mendocino County Code Chapters 10A.17 and 20.242 Streamline Cannabis Cultivation Permitting Processes and Approving an Amended Mitigation Monitoring and Reporting Program.

 

During the September 25, 2023 General Government Committee (GGC) meeting, the GGC set a special meeting to discuss potential changes to Chapter 10A.17 and make recommendations, potentially including a referral to the full Board.

 

On October 10, 2023, the special GGC meeting was held and staff received input and recommendations from the GGC and the cannabis community. Staff was asked to make the recommended changes and to bring the revised draft ordinance amendment back to the GGC for further review and possible referral to the Board of Supervisors.

 

On October 30, 2023, staff brought the revised draft ordinance amendment to the GGC’s regular meeting and, after receiving community feedback, referred the ordinance amendment to the Board.                     

 

Summary of Request

Staff from the Cannabis Department and Office of County Counsel have conducted two public meetings to receive feedback from the community on opportunities to further streamline the cannabis program.  Input was also received from the GGC on October 10, 2023. County staff made additional changes based on the GGC’s recommendations and community feedback and those additional changes were referred to the Board by the GGC on October 30, 2023. The proposed ordinance amendments are now being presented to the Board of Supervisors and staff from the Cannabis Department and Office of County Counsel are requesting the Board of Supervisors introduce and waive the first reading of the proposed ordinance.

 

Alternative Action/Motion:

Provide 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:

source of funding: N/A

 

current f/y cost: N/A

 

annual recurring cost: N/A

 

budgeted in current f/y: N/A

if no, please describe:

revenue agreement: N/A

AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes

CEO Liaison: Executive Office                                                               

CEO Review: Yes                                            

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status:  Adopted

Date: January 25, 2024

Executed Item Type: Resolution

 

Number: 24-017