To: BOARD OF SUPERVISORS
From: Executive Office
Meeting Date: April 8, 2025
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Department Contact: |
Steve Dunnicliff |
Phone: |
707-463-4441 |
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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 Regarding Cannabis Cultivation Limits
(Sponsor: Executive Office)
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Recommended Action/Motion:
recommendation
Two separate options for the recommended action have been prepared for the Board’s consideration:
Motion 1: Direct staff to return with an Ordinance Amendment to limit the maximum amount of mature cannabis canopy to 10,000 square feet in appropriately zoned areas and provide direction to staff regarding applications for second Cannabis Cultivation Business Licenses (CCBL) allowing additional mature canopy that have already been submitted; or.
Motion 2: Affirm the Board’s support for existing cannabis cultivation limits within County Code, which allows for two different types of CCBL on eligible parcels and up to 20,000 square feet of mature cannabis canopy in appropriately zoned areas.
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Previous Board/Board Committee Actions:
On April 23, 2024, the General Government Committee received notification that a plain reading of Mendocino County Code, as had been adopted by the Board, did not limit second Commercial Cannabis Cultivation License (CCBL) types on a single eligible parcel to only that of a nursery.
On September 10, 2024, the Board directed staff to prepare an ordinance amendment so that the plain reading of MCC §10A.17.070(D) would limit all non-nursery CCBL cannabis canopy to 10,000 square feet per parcel. Additionally, the Board directed MCD to pause its review of all CCBL applications that were submitted after April 24, 2024, and which sought to obtain two (2) separate non-nursery CCBLs on a parcel with a total cannabis canopy over 10,000 square feet (the “Applications”). The Board also provided staff with direction to present options on how MCD should handle those Applications given that the ordinance amendment would prohibit the issuance of the CCBLs sought by the Applications.
On October 22, 2024, in response to Board direction, an Ordinance Amendment was brought forward which would have expressly prohibited parcels from exceeding 10,000 square feet of mature canopy and provided information for the Board to direct staff regarding the handling of the Applications. The Board declined to take action, meaning the Mendocino County Code regarding cannabis density limits was unchanged and the County continued to apply its plain reading.
On February 11, 2025, the matter of cannabis cultivation limits was referred to the General Government Committee (GGC). GGC received public comment on March 26, 2025, and referred the matter back to the Board.
Summary of Request:
There has been recent confusion about allowable cannabis cultivation 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 CCBLs to be issued on a parcel. 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 forestland). This is consistent with the County’s existing CEQA review, and the Mitigated Negative Declaration which took into account parcels having up to 22,000 sq. ft of cultivation when evaluating the potential impacts of the program.
The General Government Committee heard community comment on this matter, and has brought the issue back to the Board for action regarding cannabis cultivation limits. It is requested that the Board take action today. That action can either be to affirm support for the existing County Code, with its plain reading allowance for two different types of CCBLs on eligible parcels and up to 20,000 square feet of mature cannabis canopy in appropriately zoned areas, or to provide direction to staff to return with an Ordinance Amendment.
Alternative Action/Motion:
Provide direction to staff.
Strategic Plan Priority Designation: N/A
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.gov/departments/cannabis-department/cannabis-cultivation-faq>
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: No |
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: Approved (Motion 2) |
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Date: April 9, 2025 |
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