Title
Zoning Ordinance Amendments, Commercial Cannabis Land Use Ordinance, Case Number OR-17-02
Recommendation
That the Board of Supervisors
1. Introduce the proposed ordinance establishing a temporary moratorium outside of the Coastal Zone on accepting applications for any permits for Cannabis Activities in the Yurok Area of Traditional Tribal Cultural Affiliation by title and waive further reading [Attachment 6]; and
2. Receive and consider; the staff report; the Planning Commission's recommendation to certify the Final Environmental Impact Report (FEIR) and adopt the ordinances; the FEIR [Attachment 10]; and written comments received since the April 10, 2018 meeting [Attachment 11 ], open the public hearing, and accept public comment on any new information presented; and
3. Close the public hearing; and
4. Deliberate on the proposed ordinances; and
5. Adopt the proposed ordinances by taking the following actions:
a. Adopt the attached Resolution No._____ [Attachment 1] certifying the Final Environmental Impact Report (FEIR), making the findings required by CEQA, and adopting the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program; and
b. Adopt Resolution No._____ [Attachment 2] A Resolution of the Board of Supervisors of the County of Humboldt making findings pursuant to Humboldt County Code Section 312-50 concerning adoption of zoning ordinance amendments and consistency with the Coastal Act, and transmitting the coastal zoning ordinance, including all necessary supporting documentation, to the California Coastal Commission as an amendment to the certified Local Coastal Program for their review and certification in accordance with Public Resources Code Section 30514; and
c. Adopt Resolution No._____ [Attachment 3] A Resolution of the Board of Supervisors of the County of Humboldt making findings pursuant to Humboldt County Code Section 312-50 concerning adoption of zoning ordinance amendments not in the coastal zone.
d. Adopt Ordinance No._____ [Attachment 4] approving the proposed Coastal Zoning Ordinance changes amending sections 313-55.4, 313-55.3.11.7, 313-55.3.7 and 313-55.3.15 of Chapter 3 of Division 1 of Title III of the County Code; and
e. Adopt Ordinance No._____ [Attachment 5] approving the proposed Inland Zoning Ordinance changes amending sections 314-55.4, 314-55.3.11.7, 314-55.3.7 and 314-55.3.15 of Chapter 4 of Division 1 of Title III of the County Code; and
f. Adopt Resolution No._____ [Attachment 7] establishing a limit on the number and acres of Cultivation Permits, and prohibiting expansion of existing cultivation and new cultivation in designated subwatersheds; and
g. Adopt Ordinance No._____ [Attachment 6] establishing a Temporary Moratorium on accepting applications for any permits for Cannabis Activities in the Yurok Area of Traditional Tribal Cultural Affiliation outside of the Coastal Zone; and
h. Direct the Clerk of the Board to publish Summaries of the Ordinances within 15 days after adoption by the Board, along with the names of those Supervisors voting for and against each ordinance [Attachments 8, 9] and to post in the Office of the Clerk of the Board of Supervisors a certified copy of the full text of each adopted ordinance along with the names of those Supervisors voting for and against the ordinance; and
i. Direct Planning Staff to prepare and file a Notice of Determination and Notice of Exemption for the Coastal CCLUO provisions with the County Clerk and Office of Planning and Research; and
j. Direct staff to schedule a noticed public hearing no later than 45-days from the date of adoption of the Temporary Moratorium Ordinance on accepting applications for any permits for Cannabis Activities in the Non Coastal Yurok Area of Traditional Tribal Cultural Affiliation to consider an extension to that ordinance in accordance with the provisions of Government Code Section 65858.