To: Board of Supervisors
From: Supervisor Haschak and Supervisor McGourty
Meeting Date: March 2, 2022
|
Department Contact: |
Supervisor Haschak |
Phone: |
463-4441 |
|
Department Contact: |
Supervisor McGourty |
Phone: |
463-4441 |
|
Item Type: Regular Agenda |
|
Time Allocated for Item: 1 Hour |
Agenda Title:
title
Discussion and Possible Action Including Direction to Staff to Create an Appeal Process for Cannabis Application Denials and Return to the Board of Supervisors before May 1, 2022
(Sponsors: Supervisor Haschak and Supervisor McGourty)
End
Recommended Action/Motion:
recommendation
Direct staff to create an appeal process for cannabis application denials, and return to the Board of Supervisors before May 1, 2022.
End
Previous Board/Board Committee Actions:
Adoption of Chapter 10A.17.
Summary of Request:
The vast majority of the cannabis applications going into the portal which closed on November 2 have been marked as having at least one requirement incomplete. The portal will re-open for a 30 day period. The cannabis program is only giving these re-submitted applications one review. If it is deemed incomplete after that review, the application will be denied. In these hundreds of cases, there will certainly be a sizable number that feel that they have done everything possible to complete the application in the portal yet issues around technology, standards and guidelines that have been misunderstood or mistakenly reviewed, reliance on third party consultants or agencies have caused the application to be deemed incomplete. Complete applications may also be denied for non-compliance with Chapter 10A.17.
There will be those who are denied and feel that they have a reason that they should not be denied. Some will seek a legal remedy if not given the chance to have an appeal process. The creation of an appeal process will provide an opportunity for review of the reasons for denial of an application.
The cannabis ad hoc recommends that the MCP work with County Counsel in developing an appeal process for these cases. The cannabis ad hoc would like direction to be given by the Board of Supervisors on two particular points: (1) whether a fee should be charged for full cost recovery of the cost of the appeal, and (2) should cultivation be permitted to continue while the appeal is being processed.
Alternative Action/Motion:
Provide alternative direction to staff.
Does This Item Support the General Plan? Yes
Supervisorial District: All
vote requirement: Majority
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/arevenue agreement: N/A |
|
|
budget clarification: n/a |
Agreement/Resolution/Ordinance Approved by County Counsel: N/A
|
CEO Liaison: Judy Morris, Deputy CEO |
|
|
|
CEO Review: Yes |
|
|
CEO Comments:
FOR COB USE ONLY
|
Executed By: Atlas Pearson, Deputy Clerk II |
Final Status:Approved with Modification |
|
Date: March 8, 2022 |
|
|
|
|
|
|
|