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File #: 19-1021    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 10/23/2019 In control: Planning and Building Services
On agenda: 11/5/2019 Final action:
Title: Noticed Public Hearing - Discussion and Possible Action Including (1) Adoption of Resolution Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission, Consisting of an Amendment of the Mendocino County Coastal Zoning Code (Title 20-Division II of Mendocino County Code) (OA_2019-0001) to Establish a Coastal Cannabis Cultivation Ordinance (Chapter 20.537) to Govern the Cultivation of Cannabis and a Coastal Cannabis Facilities Ordinance (Chapter 20.538) to Govern the Commercial Processing, Manufacturing, Testing, Dispensing, Retailing, and Distributing of Cannabis in the Unincorporated Areas of the Coastal Zone of Mendocino County and (2) Review of Proposed Corresponding Changes to Mendocino County Code Chapters 10A.17 and 6.36 to Add References to the Proposed New Chapters 20.537 and 20.538 (Sponsor: Planning and Building Services)
Attachments: 1. Resolution 19-377, 2. PC Packet, 3. Resolution No. PC 2019-0021, 4. Attachment C - Chapter 20.537 - Coastal Cultivation (Redline), 5. Staff Memo, 6. Attachment D - Chapter 20.538 - Coastal Facilities (Redline), 7. Attachment E - Chapter 10A.17 - Cannabis Cultivation - CZ Amendments (Redline), 8. Attachment F - Chapter 6.36 - Cannabis Facilities - CZ Amendments (Redline), 9. Attachment G - Resolution (with Exhibit A), 10. Attachment H - OA_2019-0001 (CCC Pre-Submittal Letter), 11. Coastal BOS Hearing Presentation, 12. BOS Legal Notice (Newspaper Only), 13. Proof of Pub (ICO), 14. Proof of Pub (FBA), 15. Proof of Pub (UDJ), 16. 11-4-19 Trouette Correspondence, 17. 11-4-19 Coleman Correspondence, 18. 11-4-19 Nelson Correspondence, 19. REVISED Resolution

 

To:  Board of Supervisors

FromPlanning and Building Services

Meeting DateNovember 5, 2019

 

Department Contact:  

Brent Schultz

Phone: 

234-6650

Department Contact:  

Julia Acker Krog

Phone: 

234-6650

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 1 hr

 

 

Agenda Title:

title

Noticed Public Hearing - Discussion and Possible Action Including (1) Adoption of Resolution Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission, Consisting of an Amendment of the Mendocino County Coastal Zoning Code (Title 20-Division II of Mendocino County Code) (OA_2019-0001) to Establish a Coastal Cannabis Cultivation Ordinance (Chapter 20.537) to Govern the Cultivation of Cannabis and a Coastal Cannabis Facilities Ordinance (Chapter 20.538) to Govern the Commercial Processing, Manufacturing, Testing, Dispensing, Retailing, and Distributing of Cannabis in the Unincorporated Areas of the Coastal Zone of Mendocino County and (2) Review of Proposed Corresponding Changes to Mendocino County Code Chapters 10A.17 and 6.36 to Add References to the Proposed New Chapters 20.537 and 20.538

(Sponsor: Planning and Building Services)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution authorizing submittal of a Local Coastal Program amendment to the California Coastal Commission, consisting of an amendment of the Mendocino County Coastal Zoning Code (Title 20-Division II of Mendocino County Code)(OA_2019-0001) to establish a Coastal Cannabis Cultivation Ordinance to govern the cultivation of cannabis and a Coastal Cannabis Facilities Ordinance to govern the commercial processing, manufacturing, testing, dispensing, retailing, and distributing of cannabis in the unincorporated areas of the Coastal Zone of Mendocino County; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

The Board of Supervisors adopted a Local Coastal Program (LCP) as a Coastal Element of the General Plan on November 5, 1985, which was subsequently certified by the California Coastal Commission on November 20, 1985. In 1991, the Board adopted Division II of Title 20 of Mendocino County Code through Ordinance No. 3785. On April 4, 2017 the Board adopted Ordinance No. 4381, adding Chapter 10A.17 - Mendocino Cannabis Cultivation and Chapter 20.242 - Cannabis Cultivation Sites to the County Code regarding the cultivation of medical and adult-use cannabis in Mendocino County to create a permit program for cultivation in the unincorporated areas of inland Mendocino County. On October 17, 2017, the Board adopted Ordinance No. 4394 adding Chapter 20.243 - Cannabis Facilities and Chapter 6.36 - Cannabis Facilities Businesses to the County Code regarding the processing, manufacturing, testing, dispensing, retailing, and distributing of medical and adult-use cannabis in Mendocino County to create a permit program for cannabis facilities in the unincorporated areas of inland Mendocino County. Following the adoption of Ordinance No. 4381 and No. 4394, direction was given to staff to draft Ordinances to cover cannabis cultivation sites and facilities in the unincorporated areas of the Coastal Zone of Mendocino County.                     

 

Summary of Request

On July 18, 2019, the Planning Commission conducted a public hearing and reviewed a Local Coastal Program (LCP) amendment to establish a Coastal Cannabis Cultivation Ordinance to govern the cultivation of cannabis and a Coastal Cannabis Facilities Ordinance to govern the commercial processing, manufacturing, testing, dispensing, retailing, and distributing of cannabis in the unincorporated areas of the Coastal Zone of Mendocino County, consisting of an Ordinance amendment (OA_2019-0001). The Planning Commission adopted a resolution making a formal recommendation to the Board of Supervisors that the LCP amendment be submitted to the Coastal Commission for certification. OA_2019-0001 amends Mendocino County Code, Title 20, Division II, by adding two new chapters: Chapter 20.537 - Coastal Cannabis Cultivation Ordinance and Chapter 20.538 - Coastal Cannabis Facilities Ordinance. The LCP Amendment establishes regulations for the cultivation of cannabis and the commercial processing, manufacturing, testing, dispensing, retailing, and distributing of cannabis in the unincorporated areas of the Coastal Zone of Mendocino County. See attached Resolution, Staff memo, and Planning Commission Hearing Packet with Signed Resolution.

 

Alternative Action/Motion:

Provide direction to staff.                     

 

Supervisorial District:  District 4 & 5

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: www.mendocinocounty.org/pbs

 

Fiscal Details:

source of funding: N/A

budgeted in current f/y: N/A

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: N/A

 

budget clarification: N/A

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Steve Dunnicliff, Deputy CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Lindsey Dunham, Deputy Clerk I

Final Status:Adopted

Date: November 6, 2019

Executed Item Number: Resolution   Number: 19-377