To: BOARD OF SUPERVISORS
From: Planning and Building Services
Meeting Date: February 25, 2025
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Department Contact: |
Julia Krog |
Phone: |
707-234-6650 |
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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 Regulation of Water Extraction/Mining from Private Wells for Commercial Purposes and Water Hauling (OA_2023-0003)
(Sponsor: Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Provide direction to staff regarding regulation of water extraction/mining from private wells for commercial and water hauling (OA_2023-0003).
End
Previous Board/Board Committee Actions:
On March 15, 2022, the Board discussed possible direction to staff regarding regulation of water extraction/mining and water hauling. At that time, the Board directed that the Drought Ad Hoc Committee return to the Board with a more detailed draft of an ordinance.
On July 12, 2022, the Board discussed possible direction to staff to conduct legal analysis regarding regulation of water extraction/mining from private wells for commercial purposes and water hauling. At that time, the Board accepted the draft citizen-prepared ordinance and forwarded it to the Planning Commission for review. It was stated during the meeting that this forwarding of the ordinance would happen after legal analysis was completed.
On October 31, 2023, the Board received an update from EKI Environment and Water, Inc. regarding the establishment of the Water Agency. At that time, funding was not allocated by the Board.
On December 19, 2023, the Board reviewed directives requiring follow through from County Staff and/or other agencies and deleted outdated directives. Planning and Building was directed to return in January 2024 to discuss directives/motions specific to Planning and Building. Amongst the motions/directives was the water extraction/hauling draft ordinance.
On January 23, 2024, Planning and Building presented the motions/directives to the Board. Among the motions/directives was the water extraction/hauling draft ordinance. At that meeting, the Board directed that an agenda item come back before the Board with the affected Departments present to discuss the current draft ordinance.
On September 10, 2024, the Board of Supervisors adopted the Inland Zoning Code Update. With the adoption of the Inland Zoning Code Update, the Board clarified that “water extraction for bulk sale from either a well, spring, watercourse or any other source that is not a water district” is classified as Mining and Processing, an Extractive Use Type, as provided in Mendocino County Code (“MCC”) section 20.036.010. Mining and Processing requires the issuance of a Use Permit pursuant to MCC Chapter 20.196 in all zoning districts. The Director of Planning and Building Services previously classified water extraction within this use type, so this action was a codification of that previous determination.
Summary of Request:
On July 12, 2022, the Board discussed possible direction to staff to conduct legal analysis regarding regulation of water extraction/mining from private wells for commercial purposes and water hauling. At that time, the Board accepted the draft citizen-prepared ordinance and forwarded it to the Planning Commission for review. It was stated during the meeting that this forwarding of the ordinance would happen after legal analysis was completed. The draft citizen-prepared ordinance is titled “An Ordinance to Regulate the Sale and Transport of Groundwater from Private Wells”.
Several concerns were identified during the July 12, 2022 Board meeting regarding the citizen-prepared draft ordinance including that an ordinance cannot guarantee funding levels in future years and the language within the current draft regarding citizen enforcement. It was also stated by numerous Supervisors during the July 12, 2022 meeting that the lack of a County hydrologist and full-functioning Water Agency were potential impediments as well as funding.
County staff has been reviewing the draft ordinance that was accepted by the Board on July 12, 2022. Through this review, staff has identified concerns that ultimately require further Board direction before proceeding with revising the draft ordinance and presenting it to the Mendocino County Planning Commission. Staff has outlined their concerns in the Memorandum prepared for today’s meeting. Overall, Staff believes that while some of the overall concepts within the draft ordinance can be utilized, a County-prepared re-write of the ordinance is required before bringing it forward to the Planning Commission for consideration.
Please see Memorandum and related attachments for additional information.
Alternative Action/Motion:
Do not provide direction.
Strategic Plan Priority Designation: A Safe and Healthy County
Supervisorial District: All
Vote Requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: Unknown |
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current f/y cost: Approximately $71,000 contract help, staff time, noticing, etc. |
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budget clarification: Not Budgeted |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): Yes |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: N/A
CEO Liaison: Steve Dunnicliff, Deputy CEO
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: February 25, 2025 |
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