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File #: 23-0420    Version: 1 Name:
Type: Resolution-Ordinance Status: Consent Agenda
File created: 3/28/2023 In control: County Counsel
On agenda: 4/11/2023 Final action:
Title: Adoption of an Ordinance Amending Section 10A.17 of the Mendocino County Code To Provide Clarity to Ambiguous Terms Regarding the Tree Removal Prohibition
Sponsors: County Counsel
Attachments: 1. Ordinance 4519, 2. Ordinance, 3. Ordinance Summary

TO: Board of Supervisors
FROM: County Counsel and Cannabis
MEETING DATE: April 11, 2023


DEPARTMENT CONTACT:
Christian Curtis
PHONE:
707-234-6885


ITEM TYPE: Consent Agenda

TIME ALLOCATED FOR ITEM: N/A


AGENDA TITLE:
title
Adoption of an Ordinance Amending Section 10A.17 of the Mendocino County Code To Provide Clarity to Ambiguous Terms Regarding the Tree Removal Prohibition
End

RECOMMENDED ACTION/MOTION:
recommendation
Adopt Ordinance amending section 10A.17 of the Mendocino County Code to provide clarity to ambiguous terms regarding the tree removal prohibition; and authorize Chair to sign same.
End

PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
On October 4, 2022, the Board disbanded the Cannabis Ad Hoc Committee and suggested the discussion of vegetation modification return for further discussion at the next General Government Committee. The vegetation modification discussion at the General Government Committee occurred on December 12, 2022 and was continued to allow for further discussion and community input. Due to reorganization of the General Government Committee at the beginning of 2023, the vegetation modification discussion was moved to be discussed by the Board of Supervisors. That discussion occurred at the February 7, 2023, Board of Supervisor Meeting where the Board instructed staff to prepare an ordinance to amend Mendocino County Code Chapter 10A.17 to provide clarity on the vegetation modification issue. On March 28, 2023 the Board introduced and waived the first reading of the ordinance.

SUMMARY OF REQUEST:
Mendocino County only allows commercial cannabis cultivation with a permit under Chapter 10A.17 of the Mendocino County Code. Permits may not be granted if certain trees (commercial species, true oak or tan oak) are removed "for the purpose of developing a cannabis cultivation site . . ." The ordinance requires staff to deny permits where prohibited tree removal has occurred or is contemplated, but exceptions exist...

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