Please join us on zoom at 7PM on Thursday May 13 to discuss the latest in local and state cannabis policy!
Topic: Policy Call
Time: May 13, 2021 07:00 PM Pacific Time (US and Canada)
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Meeting ID: 707 101 9333
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Meeting ID: 707 101 9333
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In advance of the Board of Supervisors meeting on 5/11/2021 MCA has prepared the following memos:
Item 4a – Cannabis Tax
Item 5c – Cannabis Enforcement
If you agree with our recommendations please email firstname.lastname@example.org and share your support!
If you would like to appeal your County minimum tax for any reason, including due to non-cultivation or non-operation, an important deadline is coming up. Tax Appeal packets AND payment for the initial Appeal Fee of $341.81 MUST be received by the Mendocino Cannabis Program by 3PM on Thursday May 13!
DEADLINE TO SUBMIT IS Thursday, May 13, 2021 at 3:00 p.m. Late or incomplete applications will NOT be accepted.
PLEASE BE ADVISED: This will be your ONLY opportunity to appeal the 2020 Cannabis Business Tax. All 2020 cultivation tax appeal applications MUST be submitted by the deadline listed above.
You may submit an Appeal Application in person to the County of Mendocino Cannabis Program (MCP), Monday – Thursday from 8 a.m. – 3 p.m., BY APPOINTMENT ONLY. To schedule an appointment, contact the MCP at (707) 234-6680.
Appeal Applications can be submitted by mail with a check or money order (do not mail cash or credit card), but must be received by the MCP office no later than 3:00 pm on Thursday May 13, 2021.
Applications for Appeal will only be accepted for the 2020 Cannabis Business Tax. All prior tax year appeal periods have expired.
Your appeal packet must include the following:
1. A completed Notice of Appeal;
2. A copy of the attached invoice;
3. Any and all other documentation supporting your appeal; and
4. The initial appeal fee of $341.81.
Incomplete applications will be returned to the applicant without review.
Use the Notice of Appeal Application Form to contest a minimum commercial cannabis cultivation business tax being imposed pursuant to Mendocino County Code (“MCC”) section 6.32.050(B) if you are the person or entity responsible for paying such tax. To use this form, the basis for your appeal must be that cultivation of cannabis did not occur on the property containing the cultivation site during the tax year specified in your appeal.
Resolution 19-372 (posted Nov. 7, 2019)
Please click the above link to see the Resolution of the Mendocino County Board of Supervisors establishing the Cannabis Business Tax Appellate Process and delegating authority to hearing officers to hear the appeals, as approved on October 22, 2019.
CLICK HERE to see this information on the County website.
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!
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In advance of the upcoming Planning Commission meeting on May 6 to discuss the new local cannabis ordinance, MCA has come together with the Covelo Cannabis Advocacy Group to provide the Commission with recommendations designed to create a better and more inclusive ordinance.
If you agree with our suggestions, please email email@example.com (up until 5 p.m. May 5) to share your support!
CLICK HERE to view our memo with recommendations for the Facilities Ordinance Amendments that will be discussed at the 4/27 Board of Supervisors meeting.