Planning commission recommends creation of Rocktree cannabis prohibition district to protect streams and valley character

The Mendocino County Planning Commission on Feb. 20 recommended that the Board of Supervisors establish a commercial cannabis prohibition combining district to bar future commercial cannabis activities on 18 contiguous parcels in the Rocktree neighborhood (commonly referred to in the record as Rocktree Valley). The commission voted to find the project exempt from CEQA and to forward the rezone for Board action.

Shelby Miller of the Planning and Building Department told the commission the applicant seeks to establish a county code chapter 20.119 CP district that would prohibit cultivation, processing, manufacturing, testing labs, retail distribution and microbusiness operations in the proposed area. "The intention of the Mendocino County chapter 20.119, Commercial Cannabis Prohibition District ... allows the county to designate specific areas to prohibit cultivation, processing, manufacturing, testing labs, retail distribution, and micro business operations," Miller said in her presentation.

The proposed district includes 18 legally contiguous parcels covering about 892 acres located roughly 3.5 miles northeast of the Willits city center in the Rocktree neighborhood. Staff reported 17 of the 18 parcels are zoned Rangeland and one is zoned Timber Production; residential uses are principally permitted in both zone types. The applicant supplied a petition showing 67% of affected property owners in favor, exceeding the 60% support threshold in county code for establishing a CP district.

Property owner and applicant Bruce Jackson spoke for neighbors during the hearing, saying the community sought the extra layer of protection despite existing zoning restrictions. "In all respects, we have met the requirements, and the proposed district is also in complete accordance with the intent of the ordinance," Jackson told commissioners. He said the neighborhood had provided additional information since a 2021 application and that one previously pending cultivation permit has been withdrawn; the petition now shows increased support.

Commission discussion touched on overlapping authorities and the limits of a CP district. Deputy County Counsel Matthew Kudrowski and staff drafted supplemental findings for the resolution that the commission adopted as part of its recommendation. Those findings, read into the record, included: the district is consistent with the general plan; the size and shape of the district are compatible with county code chapter 20.119; the district would provide additional environmental protection for Rocktree Creek and String Creek (habitat for Chinook salmon and steelhead); the district would protect public health, safety and welfare; and the applicant's dedication demonstrates strong community interest.

Several residents spoke in favor at the hearing, citing valley character, water use impacts from illegal cultivation and the presence of spawning fish in the creeks. Maude Honeyman, Bob Cronin and Ellen Drell were among those who addressed the commission in support; David Drell described longstanding local concerns about expansion of cultivation into rangeland.

Vice Chair Cliff Pollan said he understood the desire for "peace of mind" but noted the parcels are currently not permitted for commercial cultivation under the zoning table and expressed concern that a CP district could prevent future legally authorized uses for owners who did not sign the petition. Other commissioners said community support and environmental sensitivity justify the recommendation.

Staff confirmed there were no pending or existing CFBL (commercial forest/forestland?) applications on the listed parcels at the time of the hearing. After discussion, a commissioner moved that the Planning Commission recommend the Board find the project exempt from CEQA and approve the requested rezone as proposed by the applicant based on the facts and findings in the resolution, as modified at the hearing. The motion carried on roll call.

The Planning Commission's recommendation, including the modified findings and the administrative record, will be forwarded to the Board of Supervisors for final action. If the Board approves the CP district, the county code would require existing permitted cannabis operations inside the district to cease operations three years after the establishment date, and property owners would face a 10-year wait to appeal or to seek removal absent 60% of affected landowner support, per the county ordinance.