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File #: 23-0324    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 3/2/2023 In control: Board of Supervisors
On agenda: 3/14/2023 Final action:
Title: Discussion and Possible Action Including Direction to Staff to Prepare Environmental Document and Ordinance to Remove or Streamline the Requirement for Issuance of Local Permit for Cannabis Cultivation While Retaining All Substantive Legal Restrictions and Environmental Protection Measures for State Licensed Operators (Sponsors: Supervisor Williams and Supervisor McGourty)
Attachments: 1. 03-14-23 DCC letter to Mendocino County BOS

 

To:  Board of Supervisors

From: Supervisor Williams and Supervisor McGourty

Meeting DateMarch 14, 2023

 

Department Contact:  

Ted Williams

Phone: 

707-937-3500

Department Contact:  

Glenn McGourty

Phone: 

707-391-3003

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 45 Minutes

 

 

Agenda Title:

title

Discussion and Possible Action Including Direction to Staff to Prepare Environmental Document and Ordinance to Remove or Streamline the Requirement for Issuance of Local Permit for Cannabis Cultivation While Retaining All Substantive Legal Restrictions and Environmental Protection Measures for State Licensed Operators

(Sponsors: Supervisor Williams and Supervisor McGourty)

End

 

Recommended Action/Motion:

recommendation

Direct staff to prepare environmental document and ordinance to remove or streamline the requirement for issuance of local permit for cannabis cultivation while retaining all substantive legal restrictions and environmental protection measures for state licensed operators.

End

 

Previous Board/Board Committee Actions:

Numerous.                     

 

Summary of Request

Mendocino County adopted a Cannabis Cultivation ordinance (10A-17) prior to the state completing its program licensing requirements. The County program is duplicative and poorly aligned with the requirements of the state program. The state proposed “Appendix G” to bridge the county’s ministerial permit approach with the site-specific discretionary review required by the state license. While it’s possible for the Mendocino Cannabis Department to create Appendix G for applicants, it’s a huge undertaking, even with state grants. Given the uncertainty of the expense of and fund availability for this task, The Board should decide whether a simplified approach would better protect public money, bolster code enforcement and safeguard cultivation applicants by removing the bottleneck of the county permitting program. Under this proposal, our present permitting process would be suspended. The same zoning, setbacks, and environmental regulations will apply for cannabis producers if they wish to produce this crop. They would apply directly to the state for a cannabis license and submit their own Appendix G document.Mendocino County would conduct inspections and code compliance and enforcement. Noncompliant cannabis producers would be reported to the State for potential sanctions up to and including license suspension.

 

Alternative Action/Motion:

Provide alternate direction to staff.                     

 

Does This Item Support the General Plan? Yes

 

Strategic Plan Priority Designation:A Thriving Economy

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: Series 1000

budgeted in current f/y: Yes

current f/y cost: potential savings

if no, please describe:

annual recurring cost: potential savings

revenue agreement: N/A

 budget clarification: Series 1000

Agreement/Resolution/Ordinance Approved by County Counsel:  No

 

CEO Liaison: Darcie Antle, CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Approved with Direction

Date: March 14, 2023