To: Board of Supervisors
From: County Counsel
Meeting Date: October 18, 2022
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Department Contact: |
Christian Curtis |
Phone: |
234-6885 |
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Department Contact: |
Kristin Nevedal |
Phone: |
234-6680 |
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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 (1) Adoption of a Resolution Approving and Adopting an Addendum to the Previously Adopted Mitigated Negative Declaration, in Compliance with California Environmental Quality Act Requirements, for Amendments to Chapter 10A.17 of the Mendocino County Code to Establish an Appeals Process and Define Department as the Cannabis Department; and (2) Introduction and Waive First Reading of an Ordinance Amending Chapter 10A.17 - Mendocino Cannabis Cultivation Ordinance to Establish an Appeals Process and Define Department as the Cannabis Department
(Sponsor: County Counsel)
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Recommended Action/Motion:
recommendation
Adopt a Resolution approving and adopting an addendum to the previously adopted Mitigated Negative Declaration, in compliance with California Environmental Quality Act requirements, for amendments to Chapter 10A.17 of the Mendocino County Code to establish an appeals process and define department as the Cannabis Department; Introduce and Waive First Reading of an Ordinance amending Chapter 10A.17 of the Mendocino County Code to establish an appeals process and define department as the Cannabis Department; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On March 2, 2022, the Board of Supervisors provided direction on the creation of an appeals process within Chapter 10A.17. On April 19, 2022, the Board of Supervisors received a status update regarding the creation of an appeals process. Ordinance No. 4381 was adopted on April 4, 2017, adopting Chapters 10A.17 and 20.242 to the Mendocino County Code, which have subsequently been amended on multiple occasions.
Summary of Request:
Earlier this year, the Board of Supervisors provided direction to County Counsel and the Cannabis Department to develop an appeals process within Chapter 10A.17. At present, Chapter 10A.17 does not contain a formal appeals process and application denials may be challenged by filing litigation against the County.
After receiving direction from the Board of Supervisors earlier this year, County Counsel worked with the Cannabis Department and outside counsel at Abbott & Kindermann to develop sections that could be added to Chapter 10A.17 that would create an appeals process. Relevant procedures from the County’s existing Chapter 8.75 were used as a model. The sections adding the appeals process are sections 10A.17.125 through 10A.17.128.
The appeals procedure includes an informal meeting with the Department to review the Department’s action and the ground for the appeal, after which the Department could either rescind and reconsider the appealed action or cause the matter to be set for a hearing with a hearing officer.
One topic raised at prior meetings of the Board on this topic was whether or not cultivation of cannabis should be permitted to continue during any appeal period; the Board never provided specific direction on this topic. County Counsel’s Office has prepared the ordinance without any allowance for continued cultivation during the appeal period, which disincentivizes filing an appeal for the sole purpose of extending the amount of time they could continue to cultivate. The draft ordinance also includes a revision to Section 10A.17.100 that clarifies that following any denial of an application, cultivation must be limited to what is allowed by Section 10A.17.030, paragraphs (B) and (C) as personal or medicinal cultivation.
The Board of Supervisors had provided direction that any appeals process include full cost recovery. The draft ordinance calls for a split fee structure similar to that of the cannabis tax appeals process. The ordinance calls for one fee to be paid at the time of filing the appeal, and a second fee that would be paid if the appeal is referred to a hearing officer.
County Counsel has also taken this opportunity to revise Chapter 10A.17 to create a new definition of “Department” as the Cannabis Department, and revise references to the Agricultural Commissioner or the Department of Agriculture to simply the “Department” where appropriate. The addition of the appeals sections had the potential of adding additional references to the Agricultural Commissioner, which did not make sense to continue. Earlier this year, the Board adopted a resolution designating the Cannabis Department as the department to administer Chapter 10A.17. The change in this ordinance codify the change and eliminate potentially confusing references to the Department of Agriculture.
Chapter 10A.17 was adopted following the approval of a Mitigated Negative Declaration that reviewed the impacts of the County’s cannabis cultivation regulations. As such, an Addendum to the Mitigated Negative Declaration has been prepared to satisfy the requirements of CEQA for the changes proposed to Chapter 10A.17 by this proposed ordinance. The addendum makes findings on the level of significance the change entails with regard to environmental review. A separate resolution has been prepared to adopt the Addendum, and the Addendum is attached to the resolution for review.
Alternative Action/Motion:
Do not adopt resolution or introduce or waive first reading of the ordinance; provide direction to staff.
Does This Item Support the General Plan? Yes
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: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: No |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Approved with Modification |
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Date: October 18, 2022 |
Executed Item Type: Resolution Number: 22-211 |
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