Planning Commission Recommendations from May 6

Hello all! For those of you who couldn’t attend the Planning Commission today, there were some very interesting developments. Here are a few of the major items going back as recommendations to the Board of Supervisors for the ordinance: 

  • Parcels in the AG and RL zoning districts that have a minimum parcel size of 10 acres or larger may cultivate up to 10 percent of the parcel size OR 2 acres, WHICHEVER IS LESS. This recommendation means that 2 acres would be the most outdoor cultivation allowed on a qualifying parcel.
  • Parcels in RR10 seeking Specialty Indoor or ML 1 or 2 require Major Use Permit
  • Parcels in RR10 seeking Small ML 1 or 2 require a Major Use Permit
  • With an Administrative Permit in the new ordinance, phase 1 and 2 applicants may expand up to the maximum permissible canopy for their parcel as identified during phase 1 and 2
  • To cultivate in Rangeland, parcels must have been tilled with a previous crop history.
  • ‘Tilled’ be defined as “land which has been turned or stirred by plowing harrowing or hoeing”
  • ‘Previous crop history’ be defined as ”A demonstrated history of use of an area of land for a plant or plant product that can be grown and harvested extensively for profit or substance, which plant or plant products may fall into six categories: food crops for human consumption (e.g. wheat, potatoes), feed crops for livestock consumption (e.g. oats, alfalfa), fiber-crops for cordage and textiles (e.g. cotton, hemp), oil crops for consumption or industrial uses (cottonseed, corn), ornamental crops for landscape gardening (e.g. dogwood, azalea), and industrial and secondary crops for various personal and industrial uses (e.g. rubber, tobacco).
  • Require that prior crop history of a proposed cultivation site be shown during the timeframe of January 1, 2000 and January 1, 2020.
  • Require the cultivation side to be limited to the footprint of the site that has been previously tilled with a prior crop history.
  • One land-use permit for cannabis cultivation may be applied for and granted on a legal parcel. The land-use permit may allow for one nursery one outdoor cultivation type one mix like cultivation tape and or one indoor cultivation type pursuant to the limitations identified in appendix A.
  • Support the BoS’ deadline of January 1, 2023 whereby all existing phase 1 and 2 operators currently relying on water delivery must phase out that process.
  • Any phase 1 and two operators not currently utilizing a truck to water will not be able to begin using truck water as part of the CCAO.
  • Medium indoor and medium mixed light cultivation shall use renewable energy sources for heating, cooling, and energy light loads.
  • Cultivation structures will not project above an existing ridge line.
  • Cultivation structures will be sited and designed to avoid or minimize visual impact from public rights of way.
  • Lighting should not leave mixed light and indoor cultivation areas. Security lighting shall be shielded and down cast.

 Additional recommendations from the Planning Commission to the Board:

  • Consider creating a separate definition of “parcel” related to parcels created by certificates of compliance
  • Consider further defining emergency situations for the purpose of water delivery
  • Consider allowing a cultivation site to use a water source on a separate parcel if there is an easement or other form of water sharing agreement.
  • Consider requiring applicants to provide the documentation showing their legal right to access the property.
  • Consider adding a requirement for the priority processing of applications from phase 1 applicants that are complete.
  • Recommend the establishment of a mechanism allowing phase 1 applicants applying for permits under the CCAO to continue cultivating during the application process.
  • Recommend that the board of supervisors prioritize identifying mechanisms and resources to identify ground water supply and security for Mendocino county communities.

 All of this will go to the Board of Supervisors for consideration at a date yet to be announced, but it will likely happen sooner than later. We will keep you posted as more information develops! #weareMCA #strongertogether #joinmca #mendocinocannabisalliance #community #sustainableagriculture #marketaccess #economicdevelopment #personalcultivation #cannatourism #mendogrown #craftcannabis #boutiquecannabis #knowyourfarmer #mendo #medicalcannabis #mendocino #emeraldtriangle #legacyrising #originscouncil #mendocinocounty

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