Policy

MCD Updates re EIR and Code Enforcement

The following 2 messages were shared via Cannanote on Friday. There is additional information from MCA after them.

_____________________________________________

1. EIR Update

Dear Community Members,

The Cannabis Department is reaching out to provide an update regarding the Environmental Impact Report (EIR). The Department of Cannabis Control (DCC) has confirmed that they are planning to release a Notice of Preparation (NOP) for the EIR.

To stay informed and review the relevant information, please find the links to the Notice of Preparation (NOP) below:

EIR – Overview

EIR – Notice of Preparation

We encourage you to share this information with fellow community members and any other stakeholders who may be interested in staying updated on this important matter.

As we continue to prioritize transparency and open communication, we will also make these links available in Canna Notes and on the MCD website. Our aim is to ensure that everyone has access to relevant information related to the EIR project.

If you have any questions or need further clarification, please do not hesitate to contact us.

Thank you for your continued support and participation.

2. Directed Enforcement on Illegal Cannabis Cultivation in Redwood Valley

During the July 25th, 2023, Board of Supervisors meeting, a Redwood Valley Cannabis Prohibition District was considered. Although the Board denied establishment of the Prohibition District, unanimous direction was provided to the Mendocino County Code Enforcement Division to assign all of its available resources to address illegal cannabis cultivation within the Redwood Valley area. The purpose of this direction was to address cannabis-related nuisances in the area as demonstrated by numerous constituent complaints of nuisance odor and activities.

As a result of the Board’s direction, the Code Enforcement Division has proceeded with identifying multiple properties within Redwood Valley as potential non-permitted cultivation sites, including but not limited to the use of aerial imagery. Code Enforcement will be completing thorough investigations to assess for illegal cannabis cultivation and its related infrastructure. While in the field, Code Enforcement officers will also be actively seeking to identify additional unpermitted cultivation sites to include in this directed effort.

Code Enforcement is seeking voluntary compliance by responsible parties to abate all illegal cannabis cultivation in violation of Mendocino County Code (MCC) Chapter 10A.17 and obtain appropriate building permits to address non-permitted infrastructure associated with cannabis cultivation. If voluntary compliance is not achieved, Code Enforcement will elevate enforcement action on non-compliant sites.

It should be noted that many properties located with Redwood Valley are zoned RR (Rural Residential) 1 (RR1) and do not qualify for cultivation beyond the personal adult use exemption. However, it should also be noted that for the adult use exemption, the use must also be in compliance of MCC section 10A.17.040 to meet all required setbacks.

A copy of the 10A.17 Ordinance can be located at:

https://library.municode.com/ca/mendocino_county/codes/code_of_ordinances?nodeId=MECOCO_TIT10AAG_CH10A.17MECACUOR_S10A.17.040GELICUCA

The Mendocino County community is highly encouraged to review the above noted ordinance to ensure their properties are in compliance.

For any questions or concerns, community members can reach out to the Code Enforcement Division at: (707) 234-6669 or email at: codeenforcement@mendocinocounty.org

_________________________________________

CLICK HERE to see the portion of the BoS Meeting from 07-25 where the Code Enforcement direction was discussed.

It begins in the YouTube clip at 08:09:53 after the CP Zone was denied, with Supervisor McGourty saying

“I kind of feel like we can’t just leave this sitting – there are people who feel they’ve been injured by the cannabis industry in Redwood Valley and we really need to find out who is causing the problem. I think there’s a good case for us to step up going after illegal grows, get some real data”

It end ends with the unanimous Board vote on Supervisor Williams motion offered at 08:18:28:

“Direct Code Enforcement to assign all available resources to the larger map presented today and report findings to board w/in 60 days.”

CLICK HERE to see the map being referenced.

As you might imagine there is a lot of conversation going on around this. If you or someone you know has been impacted by this and is willing to share the story with us please have them email me with a description of what they have experienced during this Code Enforcement action.

There will be a Redwood Valley Municipal Advisory Committee meeting on Wednesday August 9th where this topic is certain to be a big part of the conversation and I will be attending that meeting.

We will keep you updated on any additional information as it becomes available.

MCA Memos for 07-31 GGC Meeting

In advance of the GGC Meeting at 9AM on July 31st, MCA has submitted memos on the following items:

  • Item 2a – June MCD Report  (CLICK HERE for Agenda Materials)
  • Item 2b – 5 Year Renewal Cycle (CLICK HERE for Agenda Materials)

CLICK HERE to read our memos!

If you support our recommendations, you can use the following instructions to make either written or verbal comments.

 

To leave any written public comment, first you must CLICK HERE to register with Granicus. Once you have registered, you will be able to sign in and make comments and upload files for all agenda items.  You can CLICK HERE to find upcoming meeting agendas.

 

YOU MUST MAKE AN INDIVIDUAL COMMENT FOR EACH AGENDA ITEM YOU WANT TO ADDRESS. CLICK THE ITEM BELOW FOR THE APPROPRIATE PLACE TO SUBMIT YOUR COMMENT.

To make a verbal comment there are two options:

Option #1 – Voicemail

Voicemail comments will no longer be played back during Open Session, but are immediately available to the full Board of Supervisors upon submittal

  1. Call (707) 234-6333 to leave a voice message, up to 3 minutes
  2. Leave your full name and the agenda item upon which you are making a comment.

ONLY 1 MESSAGE PER AGENDA ITEM.

 

Option #2 – ZOOM during the BoS Meeting

Use the “raise hand” feature when Public Comment is called

 

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 876 2897 0077

Zoom Phone Number (if joining via telephone): 1 669 900 9128

Every voice raised makes a difference. 

q2 Cannabis Taxes Due July 31

Mendocino County Quarterly Tax payments are due by July 31st for the reporting period:

4-1-23 to 6-30-23

Please keep in mind that if payment is postmarked after July 31st, you will incur penalties and interest charges.

The Board of Supervisors recently amended the Mendocino County Cannabis Business Tax effective April 28th, 2023 for cannabis cultivators and nursery operators to pay a reduced cannabis business tax of 1.25% for tax years 2023 and 2024.

All other cannabis businesses are required to pay their specific quarterly payments.

For more information, please contact the Tax Collector at 707-234-6848.

You can also visit https://www.mendocinocounty.org/government/treasurer-tax-collector/cannabis-taxes-and-license for more cannabis tax related information.

Tax payments can be mailed to:

Mendocino County Treasurer-Tax Collector
Room 1060
501 Low Gap Rd
Ukiah, CA 95482

 

 

Call to Action for 07-25 BoS Meeting re Cannabis Prohibition Zone

For those of you who have been tracking the proposed Redwood Valley Cannabis Prohibition District, it is coming before the Board of Supervisors for a decision on Tuesday July 25. 

Those affected by the proposed CP Zone have created a new website on this topic: 

www.NoCPZones.com 

You can visit their site to learn more about CP Zones, the affected cultivators, and why this policy is deeply flawed not just in Redwood Valley, but for the entire cultivation community. When on the site make sure to sign the petition!

We also highly recommend checking out the linked letters on the home page sent to the Planning Commission by Emerald Law Group (the attorneys representing the affected cultivators).

While the operators who would be impacted by this zone are MCA Members, this is an important issue for all local licensees.  As currently written our ordinance allows any group of citizens to engage in this tactic for any reason, and we must call for that provision to be removed.  It is important to not only oppose this particular zone, but Prohibition Zones in general, and we will continue to include this within our advocacy.

We will be sharing info on how to submit written and verbal comment at the7/25 BoS meeting by Friday afternoon at the latest with the Subject “CALL TO ACTION #2” but wanted to provide this heads up and point you to www.NoCPZones.com before then.

Materials:

CLICK HERE for the Staff Report to the BoS on the item (Colony CP District).

0.1± miles north of the Redwood Valley town center, bound generally on the west by East Road (CR 230), on the north by Madrone Drive (private) and Road I (CR 234), on the east by Colony Drive (CR 232-A), and on the south by Road D (CR 232).

CLICK HERE for MCA’s previous memo in opposition.

CLICK HERE for an image of the proposed zone outlined by a thick black border. 

You will notice that there are 2 provisionally licensed cultivation sites within the zone, and another 7 provisionally licensed cultivation sites adjacent to the zone, 4 of them directly touching the border. The 2 provisional licensees within the zone are Latin, and the 7 licensees just outside of the zone are white. So this Zone would cease the compliant cannabis activities of Latin operators while allowing their white neighbors to continue.  The proponents of the Zone have said that their intent is not racist, but the map clearly appears to create an unnatural shape to specifically include only the impacted cultivators. 

Another item of note is that a good portion of the proposed zone (the smaller parcels on the left side) is already in zoning that prohibits commercial cannabis activity, while the other portion is in Ag Zoning which is where the state and county would like to see new cannabis cultivation occurring. It would set a terrible precedent to Prohibit cannabis in one of the few remaining zones where it is currently allowed.

This is an important issue for us to address as a community. Please look out for more information on Friday with details on how to submit public comments for the meeting.  If you would like to email your district Supervisor directly to share your opposition to the Zone, you can do that at any time between now and Monday evening at the following email addresses:

CLICK HERE for County District Map

District 1 – Glenn McGourty mcgourtyg@mendocinocounty.org,

District 2 – Mo Mulheren mulherenm@mendocinocounty.org,

District 3 – John Haschak haschakj@mendocinocounty.org,

District 4 – Dan Gjerde gjerde@mendocinocounty.org,

District 5 – Ted Williams williamst@mendocinocounty.org

All Supervisors: bos@mendocinocounty.org

 

DCC Update on CEQA and Provisional Licensing

The following messaging was shared by the DCC to Mendocino County Provisional License holders today via email:

In recent weeks, the Department of Cannabis Control (DCC) and Mendocino County have worked in partnership to support provisional cultivation licensees’ transition to annual licensure within the County. This partnership has resulted in the streamlining of local cannabis permitting and the revitalization of review under the California Environmental Quality Act (CEQA). As a result, provisional cultivation licensees in Mendocino County now face clearer pathways into annual licensure with DCC.

This document is intended to help provisional cultivation licensees in Mendocino County understand how to continue working towards annual state licensure.

  1. Future CEQA review: Going forward, DCC will serve as lead agency under CEQA for cultivation licenses in Mendocino County. This work will be supported by a contractor, Ascent Environmental.

    In particular, DCC and Ascent Environmental are working to prepare a programmatic environmental impact report (EIR) addressing cannabis cultivation in Mendocino County. Once complete, this programmatic EIR will allow for streamlined CEQA review as to specific cultivation sites in Mendocino County, using site-specific addenda. Additionally, this process may result in the identification of specific sites that can satisfy CEQA using other documentation, such as a negative declaration or mitigated negative declaration.

  2. Existing Appendix G work product: Because DCC (rather than the County) will now serve as lead agency under CEQA for cultivation licenses in Mendocino County, DCC does not anticipate that it will be possible to complete CEQA review, going forward, using only Appendix G.

    DCC recognizes that provisional cultivation licensees in Mendocino County have often expended significant effort in connection with the preparation of Appendix G. To prevent wasted effort, wherever possible, DCC intends to use Appendix-G-related work product to assist in the preparation of the appropriate CEQA documents for a site.

  3. Renewal of existing DCC provisional licenses: Existing provisional licensees in Mendocino County should continue to seek renewal of their provisional licenses, through DCC, at the appropriate time.

    On and after July 1, 2023, state law allows the renewal of a provisional license where, among other requirements, “[t]he lead agency for the license has determined that an environmental impact report is required pursuant to Section 21157 of the Public Resources Code and . . . has a contract or contracts with consultants in place for the preparation in place for the preparation of that environmental impact report.” (Bus. & Prof. Code, § 26050.2, subd. (e)(2)(B).) As mentioned, DCC is now serving as lead agency under CEQA for cultivation licenses in Mendocino County. DCC has determined that a programmatic EIR is required, and a contract is in place for the preparation of that programmatic EIR.

    Accordingly, if the other requirements for renewal of provisional licenses are satisfied, DCC intends to continue renewing provisional cultivation licensees in Mendocino County on and after July 1, ‌2023.

  4. Local authorization from Mendocino County: Finally, DCC reminds provisional cultivation licensees that—as always—the transition to annual state licensure requires them to comply with applicable local permitting requirements.

    DCC encourages provisional cultivation licensees to continue working with Mendocino County to ensure they timely comply with the County’s permitting requirements, which the County has recently streamlined. More information: https://www.mendocinocounty.org/departments/cannabis-department.

______________

MCA will continue advocating at both the local and state levels to ensure that the costs incurred in developing local Appendix G paperwork will be included as allowable grant uses under the LJAGP program.

We will keep you posted as any new information becomes available.

MCA GGC Memo for June 26th Meeting

Greetings MCA Members,

In advance of the GGC Meeting on 6-26-23, MCA has prepared the attached memo on the following item:

If you support our recommendations, you can use the following instructions to make either written or verbal comments.

 

To leave any written public comment, first you must CLICK HERE to register with Granicus. Once you have registered, you will be able to sign in and make comments and upload files for all agenda items.  You can CLICK HERE to find upcoming meeting agendas.

 

YOU MUST MAKE AN INDIVIDUAL COMMENT FOR EACH AGENDA ITEM YOU WANT TO ADDRESS. CLICK THE ITEM BELOW FOR THE APPROPRIATE PLACE TO SUBMIT YOUR COMMENT.

To make a verbal comment there are two options:

Option #1-Voicemail

Voicemail comments will no longer be played back during Open Session, but are immediately available to the full Board of Supervisors upon submittal

  1. Call (707) 234-6333 to leave a voice message, up to 3 minutes
  2. Leave your full name and the agenda item upon which you are making a comment.

ONLY 1 MESSAGE PER AGENDA ITEM.

 

Option #2 – ZOOM during the BoS Meeting

Use the “raise hand” feature when Public Comment is called

 

CLICK HERE to Join Zoom Webinar

Zoom Webinar ID: 879 8205 6655

Zoom Phone Number (if joining via telephone): 1 669 900 9128

Every voice raised makes a difference. 

Restricted Ag Pass Program Sign Up Information

We strongly recommend that all locally licensed cannabis cultivators register for the Mendocino County AG Pass Program in advance of any possible wildfire or other emergency that may occur this summer as fire season is upon us. Being prepared in advance will go a long way if disaster strikes, and submissions will likely not be able to be processed during an emergency. The earlier you register, the more likely the program will operate smoothly if/when there is an emergency.

Click the word below to find the corresponding Ag Pass Application Form

1. CANNABIS

2. AGRICULTURE

3. ANIMAL PROTECTION

 

Restricted Area Access Agriculture Pass (“Ag Pass”) Program Overview

 

The Mendocino County Department of Agriculture (“Ag Department”), Mendocino Cannabis Department (“Cannabis Department”), Mendocino County Office of Emergency Services (“OES”), the Mendocino County Sheriff’s Office (“MCSO”), and Mendocino County Animal Care Services (“Animal Care”) have worked in partnership to establish a restricted area access program. The program is to assist commercial agricultural producers, commercial livestock operators, locally authorized cannabis operators and commercial kennel operators to access restricted areas following a natural disaster to perform essential agricultural activities such as providing care for commercial livestock or to maintain other commercial farming commodities.

The Ag Pass Program allows qualifying commercial farm and ranch owners, other qualifying agriculture producers, locally authorized cannabis operators, commercial kennel operators, and their managerial employees, as defined in California Food and Agriculture Code § 2350, to be issued identification documents granting any qualified applicant access to a qualifying farm or ranch property, or kennel, during or following a flood, storm, fire, earthquake, or other disaster.

The following documents are required to be uploaded along with your application:

Agriculture

  • Pesticide Operator Identification Number
  • Apiary Registration
  • Organic Registration
  • Certified Producer Certificate
  • Restricted Materials Pesticides Permit
  • Government Identification Card

Animal Control

  • Certificate of Approval

Cannabis

  • Employee List
  • Mendocino County Live Scan
  • Government Identification Card

05-24-2023 MCA Local Policy Update Recording Now Available

It was great to see those of you who joined us for the Local Cannabis Policy Update on Wednesday May 24.

 

Many thanks to Genine Coleman from Origins Council, Attorney Hannah L. Nelson and Patrick Sellers from Headquarters Consulting for joining us and sharing their knowledge and support!

 

During the Update we discussed the recently passed Local Jurisdiction Grant Assistance Program amendment, the recently contracted EIR and environmental paperwork preparation, the streamlined local cannabis ordinance and more.  This is a video you do not want to miss!

 

For those who were unable to attend, or for those who want to experience the magic all over again, below is a link to the Zoom recording:

 

CLICK HERE TO ACCESS THE RECORDING

 

Not an MCA Member yet? CLICK HERE to join today!

Signup to get regular updates on policy, industry trends, business development opportunities, regional branding and much more.