To: Board of Supervisors
From: County Counsel and Planning and Building Services
Meeting Date: March 22, 2021
Department Contact: |
Matthew Kiedrowski |
Phone: |
234-6885 |
Department Contact: |
Julia Krog |
Phone: |
234-6650 |
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Item Type: Regular Agenda |
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Time Allocated for Item: 2 Hours |
Agenda Title:
title
Discussion and Possible Action Including Adoption of Urgency Ordinance Establishing a Temporary Moratorium on the Commencement of Phase Three Cannabis Cultivation Permitting under Mendocino County Code Chapters 10A.17 and 20.242 Pending the Study and Consideration of Land Use and Other Regulations Pertaining to Cannabis Cultivation
(Sponsors: County Counsel and Planning and Building Services)
End
Recommended Action/Motion:
recommendation
Adopt urgency ordinance establishing a temporary moratorium on the commencement of Phase Three cannabis cultivation permitting under Mendocino County Code Chapters 10A.17 and 20.242 pending the study and consideration of land use and other regulations pertaining to cannabis cultivation; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On May 19, 2020, the Board of Supervisors adopted Ordinance No. 4463, postponing the start of Phase Three until April 1, 2021.
Summary of Request:
The purpose of this urgency ordinance is to suspend the commencement of Phase Three cannabis cultivation permitting.
Government Code section 65858 provides that the County may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the County is considering or studying or intending to study within a reasonable amount of time. Such an urgency ordinance must contain findings that there is a current and immediate threat to the public health, safety or welfare, and that the approval of additional permits or entitlements would result in that threat to public health, safety, or welfare. A four-fifths vote of the Board of Supervisors is needed to adopt the urgency ordinance, and the ordinance will only be in effect for 45 days. However, the ordinance may be extended after notice and a public hearing, for a period of no more than 2 years from the initial adoption.
As set out in the declarations and findings of the proposed urgency ordinance, permitting Phase Three of the existing cannabis regulatory system to open while County staff, pursuant to Board direction, is actively developing an entirely different cannabis regulatory system, would cause confusion and concern among applicants, potential applicants and neighborhoods regarding the various regulations. The resulting pressure on staff time to respond to inquiries and applications, as well as attempting to integrate existing Phase Three applicants into the new system would cause delay in handling other applications, and have a negative impact on residential and business development.
The proposed ordinance is exempt from CEQA review for various reasons, as set forth in the ordinance. At its core, the urgency ordinance maintains the regulatory and environmental status quo. Not accepting new cannabis cultivation applications will not have a significant effect on the environment. If the Board adopts the Ordinance, staff will file a Notice of Exemption.
Alternative Action/Motion:
Provide alternative direction.
Supervisorial District: All
vote requirement: 4/5ths
Supplemental Information Available Online At: N/A
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: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
Executed By: Atlas Pearson, Deputy Clerk I |
Final Status:Adopted |
Date: March 22, 2021 |
Executed Item Type: Ordinance Number: 4488 |
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