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File #: 23-0940    Version: 1 Name:
Type: Presentations Status: Agenda Ready
File created: 9/11/2023 In control: Planning and Building Services
On agenda: 9/26/2023 Final action:
Title: Noticed Public Hearing - Discussion and Possible Action Including Adoption of an Ordinance Rezoning 24 Assessor's Parcel Numbers (APNs) in the Willits Area to Add a Cannabis Prohibition (CP) Combining District to the Current Zoning Designations of Rangeland (RL) and Timberland Production Zoning (TPZ) (R_2021-0003) (Sponsor: Planning and Building Services)
Sponsors: Planning and Building Services, Steve Dunnicliff
Attachments: 1. Ordinance, 2. 02.R_2021-0003 FINAL BOS Memo.pdf, 3. B.Planning Commission Hearing Packet.pdf, 4. C.Planning Commission July 20, 2023, Adopted Minutes.pdf, 5. D. Resolution PC_2023-0016 for R_2021-0003 (Rock Tree CD).pdf, 6. E. .Public Comment (Briggs).pdf, 7. Exhibit A.pdf, 8. EXHIBIT B.pdf, 9. R 2021-0002 (Rock Tree) BOS, 10. Proof of Pub R_2021-0003 (Rock Tree CP) BOS 9-26-23 Willits News

 

To:  Board of Supervisors

FromPlanning and Building Services

Meeting DateSeptember 26, 2023

 

Department Contact:  

Steven Switzer

Phone: 

707-234-6650

Department Contact:  

Julia Krog

Phone: 

707-234-6650

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 30 Minutes

 

 

Agenda Title:

title

Noticed Public Hearing - Discussion and Possible Action Including Adoption of an Ordinance Rezoning 24 Assessor’s Parcel Numbers (APNs) in the Willits Area to Add a Cannabis Prohibition (CP) Combining District to the Current Zoning Designations of Rangeland (RL) and Timberland Production Zoning (TPZ) (R_2021-0003)

(Sponsor: Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

Adopt an Ordinance rezoning 24 Assessor Parcel Numbers in the Willits area to add a Cannabis Prohibition (CP) Combining District to the current zoning designations of Rangeland (RL) and Timberland Production Zoning (TPZ) (R_2021-0003); and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

On December 18, 2018, the Board of Supervisors adopted Ordinance 4420 which amended Chapter 10A.17 and Chapter 20.242 of the Mendocino County Code, and added Chapters 20.118 and 20.119 allowing for the creation of Cannabis Accommodation (CA) and Cannabis Prohibition (CP) Combining Districts. The provisions for Section 20.118’s CA districts have now sunset, but 20.119 remains active.                     

 

Summary of Request

The request is a rezone to establish a Cannabis Prohibition (CP) Combining district (“district”) in the Willits area over parcels currently zoned Rangeland (RL) and Timberland Production Zoning (TPZ).  The district is located 3.5± miles northeast of Willits City center, at the intersection of Hearst Willits Road (CR 306) and String Creek Road (private), and 1± miles west of Hearst Willits Road (CR 306) intersection with Tomki Road (CR 237D) and as originally proposed contained 25 Assessor’s Parcel Numbers (APNs) with 24 APNs (856± acres) zoned Rangeland (RL) and 1 APN (108± acres) zoned Timberland Production Zoning (TPZ). The previous total proposed district size was 964± acres. Adoption of the district would immediately prohibit future applications for commercial cultivation within its boundaries and give the any existing permitted commercial sites currently located within the proposed district three (3) years to cease operation. There is currently one (1) existing Phase 1 cultivation operation within the RL zoned portion of the proposed district that is under review. If adopted, the CP district would not be eligible for repeal by any member of the public for a period of ten (10) years. 

 

The Planning Commission discussed the Rezone request at their July 20, 2023, meeting and voted to recommend that the Board of Supervisors modify the boundaries of the Rezone application R_2021-0003 to exclude APN 037-310-68 recognizing that the property has a phase 1 cannabis cultivation application under review, and create a Commercial Cannabis Prohibition Combining District over 24 assessor parcels, as shown in Exhibit “A” and listed in Exhibit “B” to this Resolution.

 

See attached draft Ordinance, Staff Memo, Planning Commission Report, public comment letters, and the July 20 2023 Planning Commission Minutes.

 

Alternative Action/Motion:

Deny the proposed CP District or provide direction to staff.                      

 

Does This Item Support the General Plan? Yes

 

Strategic Plan Priority Designation: An Effective County Government

 

Supervisorial District:  District 4

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 budget clarification: 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: Rejected with Direction to Staff

Date: September 26, 2023