To: BOARD OF SUPERVISORS
From: Cannabis and County Counsel
Meeting Date: October 22, 2024
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Department Contact: |
Steve Dunnicliff |
Phone: |
707-463-4441 |
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Department Contact: |
Jared Schwass |
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707-334-6885 |
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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) Introduction and Waive First Reading of an Ordinance Amending Chapter 10A.17 of the Mendocino County Code to Limit Two Non-Nursery CCBLs on One Parcel to 10,000 Square Feet of Total Plant Canopy, (2) Adoption of CEQA Resolution Regarding an Addendum to the Previously Adopted Mitigated Negative Declaration, and (3) Provide Direction to Staff on the Handling of CCBL Applications Submitted Before the Requested Ordinance Amendment (Sponsors: Cannabis and County Counsel)
End
Recommended Action/Motion:
recommendation
Introduce and waive the first reading of an ordinance amending Chapter 10A.17 of the Mendocino County Code to limit two non-nursery CCBLs on one parcel to 10,000 square feet of total plant canopy, adopt the CEQA resolution regarding an addendum to the previously adopted mitigated negative declaration, and provide staff with direction on the handling of CCBL applications submitted before the requested ordinance amendment; and authorize Chair to sign the same.
End
Previous Board/Board Committee Actions:
On August 21, 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. The Board also provided staff with direction to present options on how the Mendocino Cannabis Department (“MCD”) should handle those CCBL applications that were submitted seeking to obtain two (2) separate non-nursery CCBLs on a parcel with a total cannabis canopy over 10,000 square feet.
Summary of Request:
On April 23, 2024, MCD provided the General Government Committee with an informational presentation regarding the draft Internal Procedure #09, which became effective on April 24, 2024. Internal Procedure #09 updated MCD’s review of submitted CCBL applications seeking to acquire two (2) non-nursery CCBLs on one legal parcel under MCC §10A.17.070(D).
Based on the plain reading of MCC §10A.17.070(D), Internal Procedure #09 provided that a Person, as that term is defined in MCC §10A.17.020, could obtain a maximum of two (2) CCBLs on a single parcel without obtaining a nursery CCBL, so long as the CCBL types were allowed in the applicable zoning district and all requirements in the MCC were satisfied. Additionally, a Person who obtained two (2) CCBLs, which were both non-nursery types, would not be limited to 10,000 sq. ft. of total cannabis cultivation space. In that instance, a Person would be allowed a maximum of 20,000 sq. ft. of total cannabis cultivation space.
On August 21, 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.
As directed, the proposed ordinance amendment expressly limits all non-nursery CCBL cannabis canopy to 10,000 square feet per parcel. To provide further clarity, the proposed ordinance amendment also expressly limits parcels zoned Rural Residential lot size five (5) acres (R-R:L-5) to 5,000 square feet of non-nursery cannabis canopy per parcel, as was the original legislative intent.
Alternative Action/Motion:
Do not adopt the ordinance and resolution and provide direction to staff.
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: 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: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Executive Office
CEO Review: Choose an item.
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: October 22, 2024 |
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