Background

Section 10A.17.100 requires that, before the issuance of a cannabis cultivation permit, a cultivation site be reviewed for sensitive species habitat.  This requirement was added to Chapter 10A.17 pursuant to Mitigation Measure BIO-1 of the initial study and mitigated negative declaration prepared and adopted for the permit program.  The discussion of Mitigation Measure BIO-1 in the initial study provides additional context for the mitigation measure, stating it is applicable in Phase One of the permit program to non-contiguous expansion and relocated sites.  Section 10A.17.100 also provides that the County shall develop a policy to define an objective set of criteria regarding sensitive species habitat to check applications against and determine when a formal referral to the California Department of Fish and Wildlife (CDFW) is required. This policy related to the definition of contiguous expansion is implementing this provision of section 10A.17.100. 

Limiting the application of this mitigation measure to non-contiguous expansion of existing cultivation sites and relocated cultivation sites is appropriate given the CEQA concept of the baseline environmental setting.  The environmental review of a proposed project must identify the physical environmental conditions as they existed before the project, in order to study what impacts the project will have on those conditions.  For the County’s cannabis cultivation permit program, this would necessarily include those cultivation sites existing prior to the program’s adoption.  Areas contiguous to existing cultivation sites are more likely already impacted by the existing use of the site.  Non-contiguous expansion and relocated cultivation sites would more likely mean development of areas not previously affected by an existing cultivation site, and where additional review for sensitive species habitat is appropriate. 

The initial study did not define either “contiguous” or “non-contiguous.”  The County is defining the term “contiguous expansion” at this time to provide additional clarity to the sensitive species habitat review policy provided for by section 10A.17.100.

Contiguous Expansion Definition and Rationale

“Contiguous expansion” means the relocation of plant canopy, and/or the permitted expansion of plant canopy to an area that is within 200 feet of any original cultivation site (prior to January 1, 2016) located on the parcel.  Terms used in this definition shall be the same as those already defined in Chapter 10A.17, including “cultivation site,” “expansion,” and “plant canopy.”

The distance of two hundred feet was selected because this distance is also used as the buffer area between new residential development and resource zoned parcels, including agricultural parcels.  While buffer areas protect one use from another, it can conversely be stated that one or both of the uses affect the area within the buffer.  In the context of expansion of a cultivation site, the County is presuming that activities relating to the existing cultivation site have had an impact within two hundred feet of the site.  However, note that this definition does not exempt contiguous expansion areas from the other requirements of Chapter 10A.17.

Affidavit for Sensitive Species Habitat Screening

For the purposes of Section 10A.17.100 and the sensitive species habitat review, applicants who believe that they have or intend to undertake a contiguous expansion that is 100 percent within 200 feet of their original cultivation site may submit an affidavit to the Cannabis Program, in the form provided by the Cannabis Program, to qualify for an exemption to the sensitive species habitat review solely for the purpose of expansion.  In the affidavit, which is signed under penalty of perjury, the applicant states that all expansion of the applicant’s original cultivation site fits the definition of “contiguous expansion,” and shall include a description of the expansion area and an aerial photograph showing both the original (prior to January 1, 2016) and the expanded areas.  Applicants, and license holders, who choose to submit the contiguous expansion affidavit will be reviewed for potential impacts to sensitive species habitat and referred to CDFW potential impacts are identified by qualified County staff.

Should the County later determine that the applicant provided false or misleading information in signing the affidavit, the applicant’s license application shall be denied, or an issued license shall be terminated.  The applicant may also be subject to criminal penalties. 

Affidavit Form

Sensitive Species Habitat Questionnaire

SSHR Screening Tool

The Department is currently in communication with CDFW and Mendocino Community in an attempt to revise the SSHR Screening tool. Please see redline comments below. Once finalized, the Department will be submitting the proposed, revised, SSHR screening tool to CDFW for comment. 

SSHR Screening Tool Redline (Original)

SSHR Screening Tool Redline - Community

All questions or suggestions to the SSHR Screening Tool should be directed to Mendocino Cannabis Department at MCDPOD@mendocinocounty.gov.

Examples of Narrative Description and Acceptable Aerial Imagery

The original cultivation site was established in 2010 and is shaded in gray in the picture below. 

After applying for a permit under 10A.17, multiple cultivation sites were added increasing the original cultivation site to 10,000 square feet. In the following picture, from 2019, the original cultivation sites are highlighted in green and the new cultivation areas are ringed in red. 

The following inserts show that the newly expanded cultivation areas are contiguous and within the 200 foot buffer allowed in the contiguous expansion definition.