4d) Noticed Public Hearing - Discussion and Possible Action Including Adoption of a Resolution Denying Rezone R_2019-0013 (Moulton - Franklin Road) to Create a Cannabis Accommodation Combining District Over Ten Parcels in the Mitchell Creek Area of Fort Bragg
(Sponsor: Planning and Building Services)
Please accept the commissioners recommendation to deny a change of zoning from residential to commercial for cannibus cultivation in the Mitchell creek/Simpson Lane/Franklin road residential neighborhood. As a property owner I have written correspondence to the County. Please deny this request.
We would like to express our support for denying the rezoning of the ten properties in this proposal. The technical and legal objections are set forth by the relevant department. However I would like to make the following points.
We moved into our house which is almost corner to corner with one of the properties just after the neighborhood voted overwhelmingly that it did not wish to be a Cannabis Accommodation (CA) Combining District. A vote for which we were grateful.
The idea that a industrial district be dropped into the residential neighborhood in which we live seems at odds with the original intent of zoning which was to protect all kinds of neighborhoods (not just residential) by combining like uses which did not trample on the rights of those nearby.
Since several neighborhoods did vote to become a Cannabis Accommodation (CA) Combining District, the applicant has other options available and has had 4 years to make the necessary arrangements.
The neighborhood depends on wells for water. Given the concern over the ability of current weather patterns to maintain the health of the aquifer, adding a use that would put additional pressure on the aquifer seems problematic.
MENDOCINO COUNTY
BOARD OF SUPERVISORS
Regarding Case# R_2019-0013 (Moulton - Franklin Road)
We are opposed to the creation of a "Cannabis Accommodation Combining District" in the Franklin Road neighborhood.
The summer of 2018 all "property owners" in the north and south Mitchell Creek neighborhoods were notified by mail, and given the opportunity to state their opinion regarding an "opt in" or "opt out" preference for commercial cannabis growing in our neighborhoods. There were also multiple well-attended public meetings. 90% of the North Mitchell Creek area "property owner respondents" were in favor of "opting out" for commercial cannabis growing. And 66% of the South Mitchell Creek area "property owner respondents" were in favor of "opting out.” Both neighborhoods are presently “Opt Out” areas.
No reconsideration of the North and South Mitchell Creek neighborhoods "opt out" status was to be heard for 10 years, which would be 2028.
A minor use permit was granted to Brandy Moulton (a renter), in spite of 15 neighboring property owners in the Franklin Road neighborhood writing letters against the proposed 2500 SF commercial cannabis grow on a one acre parcel, surrounded on all sides by one acre parcels. See 15 comments June 13, 2019 re: U_2019-0002 (Taubold)
https://www.mendocinocounty.org/government/planning-building-services/meeting-agendas/zoning-administrator . The Minor Use Permit states: “Per the ‘Sunset Clause’, this Use Permit is valid until May 4, 2020, three (3) years following the effective date of the ordinance adopting Chapter 20.242."
The Sunset Clause was not enforced, and an extension was granted for Brandy Moulton (a renter).
Brandy Moulton (a renter) next attempted to rezone our small family neighborhood of mostly one-acre parcels into a “Cannabis Accommodation Combining District of 10 parcels.” The Planning and Building Department denied this proposal February 2022.
Whether to uphold the Planning and Building Department's decision to deny this proposal is now before. The Board of Supervisors past decisions in regards to continued commercial cannabis growing in our neighborhood has been an disappointment and has not supported the will of the majority of property owners, but rather has favored one person, Brandy Moulton (a renter).
As the property owners directly to the south of Brandy Moulton's (a renter) commercial cannabis operation, our quality of life has been impacted over the years. We have spent many thousands of dollars in an attempt to maintain safety, health, and peace of mind. Just a few examples of the costs of living next door to a commercial cannabis operation in a dense residential neighborhood are a very expensive seven-foot high fence around our entire acre property, the purchase of a guard dog, and the cost of multiple security cameras. We have concerns about our well going dry. as have many other wells in the neighborhood. We have anxiety about the possibility of home invasions, as has happened in multiple other areas of Mendocino county. The location of this commercial cannabis operation is well known in the community.
This is a neighborhood of families and retirees, some of whom have lived here their entire lives.
As previously stated in letters, Board of Supervisors meetings, Planning and Building Department Meetings, community meetings, and polls of property owners since 2018, we do not want continued commercial cannabis growing in our neighborhood. We do not want any parcels in the Franklin Road neighborhood Rezoned for a “Cannabis Accommodation Combining District.” We do want the “Sunset Provision” enforced.
Sincerely,
Lloyd Livingstone and Lonnie Mathieson- Property Owners: 16700 Franklin Road, Fort Bragg, CA 95437
Please accept the commissioners recommendation to deny a change of zoning from residential to commercial for cannibus cultivation in the Mitchell creek/Simpson Lane/Franklin road residential neighborhood. As a property owner I have written correspondence to the County. Please deny this request.
Brian and Michele Leeland
Mitchell Creek Dr
We would like to express our support for denying the rezoning of the ten properties in this proposal. The technical and legal objections are set forth by the relevant department. However I would like to make the following points.
We moved into our house which is almost corner to corner with one of the properties just after the neighborhood voted overwhelmingly that it did not wish to be a Cannabis Accommodation (CA) Combining District. A vote for which we were grateful.
The idea that a industrial district be dropped into the residential neighborhood in which we live seems at odds with the original intent of zoning which was to protect all kinds of neighborhoods (not just residential) by combining like uses which did not trample on the rights of those nearby.
Since several neighborhoods did vote to become a Cannabis Accommodation (CA) Combining District, the applicant has other options available and has had 4 years to make the necessary arrangements.
The neighborhood depends on wells for water. Given the concern over the ability of current weather patterns to maintain the health of the aquifer, adding a use that would put additional pressure on the aquifer seems problematic.
MENDOCINO COUNTY
BOARD OF SUPERVISORS
Regarding Case# R_2019-0013 (Moulton - Franklin Road)
We are opposed to the creation of a "Cannabis Accommodation Combining District" in the Franklin Road neighborhood.
The summer of 2018 all "property owners" in the north and south Mitchell Creek neighborhoods were notified by mail, and given the opportunity to state their opinion regarding an "opt in" or "opt out" preference for commercial cannabis growing in our neighborhoods. There were also multiple well-attended public meetings. 90% of the North Mitchell Creek area "property owner respondents" were in favor of "opting out" for commercial cannabis growing. And 66% of the South Mitchell Creek area "property owner respondents" were in favor of "opting out.” Both neighborhoods are presently “Opt Out” areas.
No reconsideration of the North and South Mitchell Creek neighborhoods "opt out" status was to be heard for 10 years, which would be 2028.
A minor use permit was granted to Brandy Moulton (a renter), in spite of 15 neighboring property owners in the Franklin Road neighborhood writing letters against the proposed 2500 SF commercial cannabis grow on a one acre parcel, surrounded on all sides by one acre parcels. See 15 comments June 13, 2019 re: U_2019-0002 (Taubold)
https://www.mendocinocounty.org/government/planning-building-services/meeting-agendas/zoning-administrator . The Minor Use Permit states: “Per the ‘Sunset Clause’, this Use Permit is valid until May 4, 2020, three (3) years following the effective date of the ordinance adopting Chapter 20.242."
The Sunset Clause was not enforced, and an extension was granted for Brandy Moulton (a renter).
Brandy Moulton (a renter) next attempted to rezone our small family neighborhood of mostly one-acre parcels into a “Cannabis Accommodation Combining District of 10 parcels.” The Planning and Building Department denied this proposal February 2022.
Whether to uphold the Planning and Building Department's decision to deny this proposal is now before. The Board of Supervisors past decisions in regards to continued commercial cannabis growing in our neighborhood has been an disappointment and has not supported the will of the majority of property owners, but rather has favored one person, Brandy Moulton (a renter).
As the property owners directly to the south of Brandy Moulton's (a renter) commercial cannabis operation, our quality of life has been impacted over the years. We have spent many thousands of dollars in an attempt to maintain safety, health, and peace of mind. Just a few examples of the costs of living next door to a commercial cannabis operation in a dense residential neighborhood are a very expensive seven-foot high fence around our entire acre property, the purchase of a guard dog, and the cost of multiple security cameras. We have concerns about our well going dry. as have many other wells in the neighborhood. We have anxiety about the possibility of home invasions, as has happened in multiple other areas of Mendocino county. The location of this commercial cannabis operation is well known in the community.
This is a neighborhood of families and retirees, some of whom have lived here their entire lives.
As previously stated in letters, Board of Supervisors meetings, Planning and Building Department Meetings, community meetings, and polls of property owners since 2018, we do not want continued commercial cannabis growing in our neighborhood. We do not want any parcels in the Franklin Road neighborhood Rezoned for a “Cannabis Accommodation Combining District.” We do want the “Sunset Provision” enforced.
Sincerely,
Lloyd Livingstone and Lonnie Mathieson- Property Owners: 16700 Franklin Road, Fort Bragg, CA 95437