To: Board of Supervisors
From: Planning and Building Services
Meeting Date: December 5, 2023
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Department Contact: |
Rob Fitzsimmons |
Phone: |
707-234-6650 |
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Department Contact: |
Julia Krog |
Phone: |
707-234-6650 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 1.5 Hours |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action to Consider an Appeal of the Zoning Administrator’s Denial of an Administrative Permit Modification (AP_2023-0015) Requesting Authorization for a Drive-Through Window for an Existing Cannabis Dispensary and Possible Adoption of a Resolution Related Thereto, Located at 800 Lake Mendocino Dr, Ukiah, APN: 168-224-31
(Sponsor: Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Adopt resolution denying the appeal and upholding the Zoning Administrator’s denial of Administrative Permit Modification (AP_2023-0015), requesting authorization for a drive-through window for an existing cannabis dispensary, located at 800 Lake Mendocino Dr, Ukiah, APN: 168-224-31; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
In 2017, the Board of Supervisors adopted Mendocino County Code Chapter 20.243 - Cannabis Facilities through Ordinance Number 4394 to regulate the processing, manufacturing, testing, dispensing, retailing and distribution of cannabis within the unincorporated inland areas of Mendocino County. The Chapter was subsequently amended in 2018 by Ordinance Number 4410, 2021 by Ordinance Number 4491, and 2022 by Ordinance Number 4501.
Summary of Request:
On April 27, 2023, Editte Lerman of Emerald Law Group, as agent for applicant Kure Wellness, Inc. and property owner Russell Green, submitted an application to the Department of Planning & Building Services for an Administrative Permit modification (AP_2023-0015) to authorize a drive-through window at an existing licensed cannabis dispensary, Kure Wellness. The subject parcel is located at 800 Lake Mendocino Dr, Ukiah (APN: 168-224-31), and the existing dispensary had previously operated a drive-through component under a COVID-19 allowance, which has since expired.
The project was referred to Responsible Agencies on May 15, 2023, to solicit comments regarding the proposed cannabis retail drive-through. Concern was raised regarding Condition 17 of AP_2017-0109, the currently active Administrative Permit for the operation, which required an encroachment permit to construct two standard road approaches. This condition was never fulfilled.
Staff reviewed the comments and concerns raised, and determined that, in addition to the outstanding condition, the request was inconsistent with State regulations for cannabis dispensaries: cannabis drive-throughs may only be permitted on sites where the local jurisdiction had approved one prior to June 1, 2018 (or where an applicant had submitted application materials, including a drive through, prior to that date and approved later). Staff found that this was not the case for the subject parcel and recommended denial. The request was denied by the Zoning Administrator on June 23, 2023. An appeal of the Zoning Administrator decision was filed on June 30, 2023.
Please see attached memo and attachments for additional information.
Alternative Action/Motion:
Uphold the Appeal and remand AP_2023-0015 to the Zoning Administrator to reconsider the Project, including for purposes of CEQA, or provide direction to staff.
Does This Item Support the General Plan? Yes
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: District 1
vote requirement: Majority
Supplemental Information Available Online At: <https://www.mendocinocounty.org/government/planning-building-services/public-notices>
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: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Steve Dunnicliff, Deputy CEO |
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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: Alternative Action Taken |
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Date: December 5, 2023 |
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