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File #: 21-0754    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 6/16/2021 In control: County Counsel
On agenda: 6/22/2021 Final action:
Title: Discussion and Possible Action Including Adoption of an Urgency Ordinance Establishing Water Use Requirements for Discretionary Cannabis and Other Permits During the 2021 Drought Emergency (Sponsor: County Counsel)
Sponsors: County Counsel
Attachments: 1. Ordinance 4493, 2. Urgency Ordinance Water Use.pdf, 3. 06-18-21 Sobrero Correpondence, 4. 06-21-21 MCA Correspondence, 5. 06-21-21 Maahs Correspondence, 6. 06-21-21 MCA Correspondence, 7. 06-21-21 Bush Correspondence, 8. 06-21-21 Clein Correspondence

 

To:  Board of Supervisors

From:  County Counsel

Meeting Date:  June 22, 2021

 

Department Contact:  

Christian M. Curtis

Phone: 

234-6885

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 1 hr.

 

 

Agenda Title:

title

Discussion and Possible Action Including Adoption of an Urgency Ordinance Establishing Water Use Requirements for Discretionary Cannabis and Other Permits During the 2021 Drought Emergency (Sponsor: County Counsel)

End

 

Recommended Action/Motion:

recommendation

Adopt urgency ordinance establishing water use requirements for discretionary cannabis and other permits during the 2021 drought emergency, and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

The BOS received a presentation on April 12, 2021 about the current drought conditions. On April 20, 2021, the Board of Supervisors adopted a Resolution declaring a local emergency due to drought conditions, which was extended by the Board of Supervisors on June 8, 2021.

 

Summary of Request: 

Mendocino County is in the midst of an historic drought with the water levels in our reservoirs and wells at extremely low levels. Subsequent to the Board's adoption of an initial declaration of a local emergency, Governor Gavin Newsom declared a state of emergency due to drought conditions in the Russian River watershed, and the State Water Resources Control Board has notified certain junior water rights holders of a need to limit water diversions in order to preserve drinking water availability.

 

Staff is proposing an urgency ordinance that would require that, prior to the approval of a discretionary cannabis or other types of permits, the entity considering the permit consider the anticipated water use of the proposed development and consider conditions of approval related to limiting or phasing any expansion of water use proposed as part of the project.  These additional requirements will provide for more specific review of water usage and allow for implementation of conditions of approval that might limit, restrict or phase in the commencement of new water uses.  The ordinance specifically includes the ability to place a moratorium on the newly permitted activity until the drought emergency is terminated by the Board.

 

Alternative Action/Motion:

Provide Staff with Alternate 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: No

 budget clarification: n/a

 Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Deputy Clerk I

Final Status:Adopted

Date: June 25, 2021

Executed Item Type: Ordinance   Number: 4493