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P.O. Box 981
Laytonville, CA 95454-0981
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BEAUTIFUL RESIDENCE, ON 10 LEVEL ACRES, WITH ALL DAY SUNSHINE
BEST LANDSCAPED PROPERTY AND IN THE MIDDLE OF A MEADOW
COMPLIES WITH MENDOCINO COUNTY MUNICIPAL CODE
CHAPTER 20, SECTION 242, FOR A MEDICAL CANNIBAS CULTIVATION SITE
This chapter is intended to provide land use regulations for the County of Mendocino where medical cannabis may be cultivated, subject to the limitations established of this chapter and the provision of Mendocino County Code, Chapter 10A 17, the Medical Cannabis Cultivation Ordinance (MCCO). The cultivation of medical cannabis is prohibited in all zoning districts in Mendocino County, except as allowed by this Chapter.
As to the Subject Property, the cultivation of medical cannabis is allowed as an accessory use to an existing legal dwelling, located on the same legal parcel, where the dwelling is a principle use in the Zoning District where it is located.
The cultivation of medical cannabis is not permitted within any habitable space (i.e., kitchen, bedroom, bathroom, livingroom, or hallway) of a dwelling unit, nor is it permitted within any required parking space.
As of January 01, 2020, new medical cannabis cultivation sites may be permitted in accordance with section 20.242.070 except as provided in section 20.242.060 of the Mendocino County Municipal Code, as long as they are consistent with the General Limitations on Cultivation of Medical Cannabis, Section 10A 17.040 of the Medical Cannabis CUltivation Ordinance (MCCO) except as modified by section 20.242.070.F.
A new medical cannabis cultivation site operated in accordance with Medical Cannabis Cultivation Ordinance permit, is allowed on this legal parcel which has an approved Zoning Clearance, as required for the zoning district in which the proposed cultivation site is located as listed in "Table 2" and of which applicable part of this "Table 2" is related to the Zoning District of "RR10" (Rural Residential lot of ten acres) and of which is also designated as "RL" (Rural Land) which is the ten acres "Minimum Parcel Area in Acreage" for "Permit Type 2" which is designated as "Large Outdoor" and "Permit Type 2-B" which is designated as "Large Indoor, Artificial Light" and "Permit Type 4" which is designated as "Nursery" each and all requiring a "Rural Residential Parcel or Rural Land Parcel of a minimum of ten acres."
All medical cannabis sites located outside an Industrial Zoning District (I1, I2, and PI) must demonstrate there is adequate water to serve the cultivation site by providing evidence of an existing water right. The Subject Property has a legal water well, but an approved permit, with a 2,500 gallons water tank and reverse osmosis water treatment system, all within the rear interior of the 600 square feet garage. In addition, however, there must also be a watershed assessment that establishes there is sufficient watershed supply to serve the proposed cultivation site and existing uses within the watershed.
(Note: A second water well and water well pump and an extended electrical line to that water well, and water well tanks, may be necessary and/or required, and the accrued cost is estimated at $20,000.00. Seller will credit Buyer for these accrued costs, at close of escrow.)
The Subject Property does not involve activities that involve construction and other work in the waters of the United States, including streams and wetlands, therefore, there is no need to application as to the Clean Water Act (CWA) Section 404 which would have required a federal permit from the United States Army Corps of Engineers and comply with CWA section 401 by obtaining a water quality certification from the North Coast Water Quality Control Board.
In accordance with the Administrative Permit Review Procedure listed in Chapter 20.192 of the Mendocino County Municipal Code, the Subject Property complies with the Zoning Administrator's requirements, which include that:
1) The medical cannabis cultivation site is allowed in the zoning district;
2) There is no other environmentally superior cultivation site located on the same parcel;
3) The site avoids any impact on environmental sensitive areas;
4) The site avoids hillsides exceeding 15 percent. (The lot is of level grade or of three percent or less.);
5) The site is not designated as "prime soil";
6) The site is not composted of "oak woodland" (There are no oak trees on the Subject Property.);
7) The site is not composted of "timber resources" (There are no trees on the rear six acres of this ten acres property.);
8) The permit application will demonstrate that there is adequate water supply in the watershed and wate rrights to serve the cultivation site. (Note: A second water well, as respresented above, will probably be needed.);
9) There is no requirement for a CWA 404 Permit from the United States Army Corps of Engineers;
10) There is no requirement for a CWA 401 Permit from the North Coast Regional Water Quality Control Board;
11) There is no requirement for a "General Permit" for Discharges of Storm Water from the California State Water Resources Control Board;
12) The Administrative Permit for the medical cannabis cultivation site is limited to a period not to exceed 10 years, and the Administrative Permit shall expire at the end of this period unless it is renewed prior to the end of the 10 years period, or at any time the approved Medical Cannabis Cultivation Ordinance sites expires or is revoked.
The project will not disturb one or more acres of soil and nor is it part of a larger common plan of development which would require coverage under the California State Water Resources Control Board General Permit for Discharges of Storm Water Associated with Construction Activity Construction General Permit ORder 2009-009-DWQ; as the construction activity subject to such a Permit does not include clearing, grading, and disturbance of the ground such as stockpiling, or excavation; and, instead, only includes regular maintenance activities performed to restore the original line, grade, or capacity of the facility.
The Subject Property is not in the prohibited "Forest Land" zoning district, nor in the "Timber Production" zoning district. The location and operation of the proposed cultivation site on the Subject Property complies with zoning permit and development standard requirements that apply to a new cultivation site as specified in Section 20.242.070 of the Mendocino County Municipal Code.
The medical cannabis cultivation site will be consistent with the General Limitations on Cultivation of Medicinal Cannabis, Secton 10.17.040, of the Mendocino Cannabis Cultivation Ordinance.
The Cultivation Site Setback Requirements are easy to comply with, including the Special Use Setback requirement of being located 1,000 feet or greater from any youth oriented facility, a school, a park, or an church, and/or any residential treatment facility. The Residential Setback shall be, and is, 200 feet, or greater, from any legal residential structure located on a separate parcel. The Legal Setback shall be, 100 feet and is, or greater, from any adjoining property under separate ownership. The designated cultivation site is on the rear of the Subject Property. With a 200 feet set back from the residence, and 100 feet setback from the rear and sides of the property, the remaining land area is 200 feet deep by 460 feet in width, for a remaining land area of two acres (87,120 square feet). This land area will allow for the medical cannabis cultivation and storage area and a processing area.
COMPLIES WITH EACH AND EVERY STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION'S DEFENSIBLE SPACE REQUIREMENTS, PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE, SECTION 4291, AND TITLE 14, CALIFORNIA CODE OF REGULATIONS, SECTION 1299 - DEFENSIBLE SPACE; AS PER THREE "NOTICE OF FIRE HAZARD INSPECTION' REPORTS FOR THIS PROPERTY.
Those extensive statutory and regulatory requirements are applicable to obtaining a medical marijuana cultivation permit. The Subject Property exists under the following conditions:
1) There is no tall grass within 100 feet of the residence or garage;
2) There are no branches on any tree on the Subject Property which are within six feet of the ground, which are over 18 feet in height;
3) There is no tall grass within 50 feet of any tree on the Subject Property;
4) There is no wood debris anywhere on the Subject Property;
5) There is no wood debris on adjacent properties within 300 feet of the perimeters of the Subject Property;
6) There are no tree needles, dead or dying trees, dead or dying tree branches, dead or dying shrubs, or other dead or dying plants on the Subject Property;
7) There are no logs, or tree stumps embedded in the soil;
8) There are no wood piles, lumber, or scrap wood on the Subject Property;
9) The driveway is an all weather, crushed rock base road, with two inches thich asphalt over it, installed so as to maintain the weight of a full size fire truck including a full water tank; and the required road encumbrance permit was obtained before this installation;
10) All of the roof eaves of the house and garage and the wood rear stairway are "boxed in".