COUNTY COUNSEL'S OFFICE - M. GRANGER

Request that the Board of Supervisors find good cause to continue holding the hearing on the applications for an extended amortization for an additional 180 days for certain applicants, pursuant to Section 11.15.120, subdivision (C) of the San Benito County Code, or provide other direction to staff.

SBC FILE NUMBER: 160

On or about September 27, 2016, the San Benito County Board of Supervisors approved and adopted Urgency Ordinance 949 which was subsequently extended for an additional 10 months and 15 days on or about November 8, 2016.

Ordinance 949 allowed those persons cultivating medical cannabis on their property as of September 27, 2016 to apply for limited immunity and/or an extended amortization period by completing and submitting to the County the required registration, application(s), and evidence in support thereof. For those persons requesting an extended amortization period, the Board of Supervisors shall hold a noticed public hearing on the application within 180 days of the determination that the application is complete.

In abundance of caution, staff recommends that the Board of Supervisors begin the 180 day period for hearing from the date the application was submitted.  On April 11, 2017, the Board of Supervisors set the date for hearing on the applications for May 23, 2017 at 1:30 p.m.

Of the applications timely submitted, a handful were not date stamped to record the date received by the County. However, while the earliest verifiable date the County received an application was November 16, 2016. The date for hearing applications received by November 16, 2016 would therefore be prior to hearing scheduled for May 23, 2017.

Due to the need to (i) request additional evidence from these applicants and evaluate their applications based on any additional evidence submitted, (ii) determine the neighbors within 300 feet of the applicant properties in order to provide notice of the hearing, and (iii) provide public notice of hearing at least ten (10) days in advance, an additional 180 delay to hold the hearings is necessary.

Although all applications were not complete on the date of submittal, in order to continue the hearings for the following applicants, the Board of Supervisors must find good cause for delay in accordance with Section 11.15.120, subdivision (C) of the San Benito Code:

1. Clayton Billy Carter (signed 11/18/16)
2. Edward Dees, Jr. (signed 11/22/16)
3. Dan Hudson (signed 11/1/16)
4. Jeff Kassler (received 11/16/16)
5. Robert and Lonea Blodgett (Monterey Bay Alternative Medicine-Pharm Med Botanicals) (signed 11/2/16)
6. Purple Cross Rx South Bay (received on or about 11/29/16)

Find good cause to delay holding the hearing on the applications for an extended amortization for an additional 180 days pursuant to Section 11.15.120, subdivision (C) of the San Benito County Code for the following Applicants:

1. Clayton Billy Carter
2. Edward Dees, Jr.
3. Dan Hudson
4. Jeff Kassler
5. Robert and Lonea Blodgett (Monterey Bay Alternative Medicine-Pharm Med Botanicals)
6. Purple Cross Rx South Bay