TO: BOARD OF SUPERVISORS
FROM: Supervisor Haschak
MEETING DATE: September 10, 2024
DEPARTMENT CONTACT:
Supervisor Haschak
PHONE:
707-463-4221
ITEM TYPE: Regular Agenda
TIME ALLOCATED FOR ITEM: 1 Hour
AGENDA TITLE:
title
Discussion and Possible Action Including Direction to Staff Regarding Cannabis Density Allowed in Mendocino County Code Section 10A.17.070(D)
(Sponsor: Supervisor Haschak)
End
RECOMMENDED ACTION/MOTION:
recommendation
Provide direction to staff regarding cannabis density allowed in Mendocino County Code Section 10A.17.070(D)
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PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
There have been many actions taken by the Board of Supervisors regarding the Cannabis Ordinance 10A.17. Most recently, on February 6, 2024, the Board adopted ordinance amending Chapter 10A.17 of the Mendocino County Code to further streamline the cannabis cultivation permitting processes.
SUMMARY OF REQUEST:
There has been recent controversy about allowable cannabis density limits within Mendocino County Code Section 10A.17.070(D). The County's cannabis cultivation ordinance has been consistently understood to allow up to two separate Cannabis Cultivation Business Licenses (CCBLs) be issued on a parcel in most zoning districts. In most zoning districts, CCBLs have historically been issued allowing up to 22,000 square feet of cultivation area on a parcel, with one CCBL allowing up to 10,000 square foot limit of mature canopy, and a second nursery CCBL allowing up to 12,000 square feet of immature canopy.
On April 24, 2024, the General Government Committee learned that a plain reading of the County's Code did not limit the second license type to that of a nursery. The practical implication is that additional mature canopy may be permissible in areas not zoned Rural Residential:5 or "Resource Lands" (rangeland, timber production, and FL). This is all consistent with the County's existing CEQA review, and the Mitigated Negative Declaration which considered...
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