To: Board of Supervisors
From: Planning and Building Services
Meeting Date: July 25, 2023
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Department Contact: |
Russ Ford |
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707-234-6650 |
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Department Contact: |
Julia Krog |
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707-234-6650 |
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Item Type: Noticed Public Hearing |
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Time Allocated for Item: 2 Hours |
Agenda Title:
title
Noticed Public Hearing - Discussion and Possible Action Including Adoption of an Ordinance Rezoning 207 Assessor’s Parcel Numbers (APNs) in the Redwood Valley area to add a Cannabis Prohibition (CP) Combining District (R_2021-0002) to the Current Zoning Designations of Rural Residential (RR-1) and Agricultural (AG)
(Sponsor: Planning and Building Services)
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Recommended Action/Motion:
recommendation
(1) Adopt an ordinance rezoning 207 Assessor Parcel Numbers (APRs) in the Redwood Valley area to add a Cannabis Prohibition (CP) Combining District (R_2021-0002) to the current zoning designations of Rural Residential (RR-1) and Agricultural (AG); and authorize Chair to sign same; or (2) deny the Cannabis Prohibition (CP) Combining District.
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Previous Board/Board Committee Actions:
On December 18, 2018 the Board of Supervisors adopted Ordinance 4420 which amended Chapter 10A.17 and Chapter 20.242 of the Mendocino County Code, and added Chapters 20.118 and 20.119 allowing for the creation of Cannabis Accommodation (CA) and Cannabis Prohibition (CP) Combining Districts. The provisions for Section 20.118’s CA districts have now sunset, but 20.119 remains active.
Summary of Request:
The request is a rezone to establish a Cannabis Prohibition (CP) Combining district (“district”) in the Redwood Valley area over parcels currently zoned Rural Residential (RR-1) and Agricultural (AG). The district is bound roughly by East Road, Road I, Colony Drive and Road D, and contains 207 Assessor’s Parcel Numbers (APNs). 43 APNs and 442.68± acres of the proposed district are zoned Agricultural (AG) and 164 APNs and 276.09± acres are zoned Rural Residential (RR-1). The total proposed district size is 718± acres. Adoption of the district would immediately prohibit future applications for commercial cultivation within its boundaries, and give the three existing commercial sites currently located within the proposed district three years to cease operation. There are currently two existing Phase 1 cultivation operations and one Phase 3 application within the AG zoned portions of the proposed district. Should adoption of the CP district be approved, permitted sites will have three (3) years to cease operation at their current locations pursuant to Mendocino County Code Section 20.119.040.
If adopted, the CP district would not be eligible for repeal for a period of ten (10) years. The Planning Commission discussed the Rezone request at their May 18, 2023 meeting and was not able to make a recommendation to the Board of Supervisors regarding the project. The Planning Commission voted to send the project to the Board of Supervisors without a recommendation; see attached staff memo detailing the proceedings of the hearing. As changes of zone are policy decisions, the Department offers no recommendation other than to say that the application meets the minimum requirements found in Mendocino County Code Section 20.119 for the establishment of Cannabis Prohibition (CP) Combining Districts.
Staff recommends that the Board hold the Noticed Public Hearing and either (1) adopt an ordinance rezoning 207 Assessor Parcel Numbers in the Redwood Valley area to add a Cannabis Prohibition (CP) Combining District (R_2021-0002) to the current zoning designations of Rural Residential (RR-1) and Agricultural (AG); or (2) deny the Cannabis Prohibition (CP) Combining District. Should the Board wish to approve the Rezone and create the CP District, an ordinance to change the zoning of the parcel is attached for adoption.
Additionally, numerous public comments have been received regarding the rezone request and are attached for review. See attached draft Ordinance, Staff Memo, Planning Commission Report, public comment letters, and the May 18, 2023 Planning Commission Minutes.
Alternative Action/Motion:
Modify the proposed district boundaries and approve an alternate configuration. As stated above, zone changes are a policy decision. Staff recommends the Board consider the effects of the proposed rezone and determine if the resulting limitations on use are in line with the Board’s intent and the intention behind Section 20.119. 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: 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: Denied |
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Date: July 25, 2023 |
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