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Lake County cannabis ordinance presentation

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Feb. 15, 2018, presentation to Lake County Board of Supervisors re Draft Cannabis Cultivation Ordinance. Several revisions are expected when the draft ordinance returns for first reading and public hearing on March 6, 2018.

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Lake County cannabis ordinance presentation

  1. 1. Draft Cannabis Cultivation Ordinance February 15, 2018 Board of Supervisors workshop Robert Massarelli, Director of Community Development Michelle Irace, Senior Planner
  2. 2. Do not make any investment decision based on the content of this PowerPoint Presentation.This represents a draft ordinance that has not been approved by the Board of Supervisors. It is intended to be used for review purposes only.
  3. 3. Presentation Outline • Development of Cannabis Policy Summary • Overview and Status of Self Certification Program • Summary of Input from Planning Commission • Overview of Draft Cannabis Cultivation Ordinance • Planning Commission Input • Questions
  4. 4. Cannabis Cultivation Policy Development Article 72 • Article 72 was adopted on 12/2013 and revised on 10/24/17 for cultivation of medicinal cannabis • Self Certification program • Urgency Ordinance (12/19/17) and Extension (1/23/18) adopted ,placing a moratorium on commercial cannabis while allowing temporary and limited registration for State licensure Article 72 Replacement • Comprehensive Draft Ordinance brought to PC and BOS in early 2017 • BOS directed the staff to proceed with the preparation of an ordinance • 1/18/18 BOS directed the staff to move forward with the cultivation portion, placing other license types on hold with a moratorium Article 27 • Request for Guidance discussion points brought to the BOS by staff on 1/18/18 to aid in drafting the Cultivation Ordinance • Draft Cultivation Ordinance will be included into Article 27, rather than Article 72
  5. 5. Self-Certification Program For existing medicinal collectives in compliance with Article 72 of the Lake County Zoning Ordinance SubmitApplication • Applicant is certifying that they are currently in compliance with Article 72 • Staff review for completeness • If deemed complete a Letter of Authorization is issued • If deemed not complete an Incomplete Letter is issued SiteVisit • For applications deemed complete, a site visit is conducted • Checking for compliance with Article 72 Determination • If site visit identifies non compliance, a Non Compliance Letter is issued with 30 day timeline • If site visit identifies compliance, then a Conditional Certificate of Recognition of Compliance is issued
  6. 6. •18 incomplete letters sent- incorrect zoning or parcel size, no permitted house, legal lot status, proximity to daycares, etc. •10 non compliance letters sent- mostly for fencing requirements; 3 were later deemed compliant •16 Conditional Certificates of Recognition of Compliance issued •7 need site visits •Because Article 72 (Section 72.5(m))states that medicinal collectives certify compliance through the Self Certification program by March 31, 2018 the application submittal deadline is March 30th, 2018 by close of business (3:30pm). 39 applications received as of February 14, 2018 Self-Certification Program
  7. 7. • 1 Adult use cultivation specialty mixed light tier 1 • 1 Medicinal specialty mixed light tier 1 • 1 Adult use cultivation small outdoor • 1 Medicinal use cultivation small outdoor • 6 Medicinal use cultivation medium outdoor • 9 Adult use cultivation medium outdoor • 1 Adult use cultivation specialty mixed light tier 2 • 1 Medicinal cultivation medium mixed light tier 1 •1 Adult use microbusiness 22 emails from the State regarding temporary permit applications received as of February 15, 2018 StateTemporary Licenses Program
  8. 8. BOS Request for Guidance Summary RG 2 • Is it the Board’s desire to continue the same limits for qualified patients, primary caregivers, and adult personal use? • Is there a desire to increase the minimum acreage for outdoor cultivation?The current draft ordinance uses 5 acres. BOS Guidance • Agree with the current draft cultivation ordinance of 5 acres as the minimum acreage for outdoor cultivation in such cases and wishes the Planning Commission to provide further analysis of impacts. Planning Commission Recommendation • Split, draft ordinance recommendation of five acres
  9. 9. BOS Request for Guidance Summary RG 3 • Should commercial cannabis cultivation be limited to the A and RL zoning districts or should it be expanded to others? APZ?TPZ? RR? SR? BOS Guidance • Agree that outdoor commercial cannabis cultivation should occur only in the A and RL Zoning Districts, but would like the Planning Commission to consider whether the APZ Zoning District should also be included. Planning Commission Recommendation • Commercial Cannabis Cultivation in APZ,TPZ, RR, SR, and PDC
  10. 10. BOS Request for Guidance Summary RG 6 • Should a commercial cannabis cultivation site be required to have a residence of at least one of the applicants, if there are multiple applicants on the parcel were the cultivation occurs? BOS Guidance • Generally feels a residence should be occupied for security reasons • Would like to consider special considerations for fire victims that lost homes • Would like the Planning Commission to review the reasons for and consider whether a commercial cannabis cultivation site should be required to include a primary residence Planning Commission Recommendation • Against a requirement for a residence at a commercial cannabis cultivation site
  11. 11. BOS Request for Guidance Summary RG 7 • Should any flexibility be provided for a cultivation site that is screened from adjacent properties or public roadways by topography and or vegetation? BOS Guidance • Would like the Planning Commission to consider allowing some flexibility under certain prescribed circumstances for a cultivation site to be screened from adjacent properties and public roadways by topography and/or vegetation, rather than through the use of fencing materials. Planning Commission Recommendation • Recommend flexibility
  12. 12. BOS Request for Guidance Summary RG 11 • Does the Board wish to continue the allowance of water purchases as the main source for cannabis cultivation? BOS Guidance • Does not wish to allow water purchases as the main source of water for a cannabis cultivation site; the main source of water should be located on the cultivation site property or adjacent site of same property owner Planning Commission Recommendation • Against the deliveries from water purveyors except for emergency conditions
  13. 13. BOS Request for Guidance Summary RG 12 • Does the Board wish to limit cultivation permits to one per parcel, or is co-location of multiple cultivation permits on a single parcel acceptable? • If co-location is to be allowed, should setbacks be established to distance sites from one another? BOS Guidance • Would like the Planning Commission to consider whether, depending upon the acreage of a cultivation site parcel, more than one cultivation permit per parcel is permissible and under what specific circumstances it is permissible Planning Commission Recommendation • Allow co-location consistent with state regulations
  14. 14. Other Planning Commission Recommendations 1. Limit background checks for applicants only. 2. Limit the number of permits a permittee may hold to four. 3. Including language at the end of the ordinance that states that the Planning Commission will report how the cultivation program is going in two years from adoption and will suggest changes if necessary.
  15. 15. Other Planning Commission Recommendations 4. “Within areas designated as prime farmland, farmland of statewide importance, unique farmland, and farmland of local importance as depicted on Lake County Important Farmland, 2016 prepared by the State of California Department of Conservation Farmland Mapping and Monitoring Program, commercial cannabis cultivation shall be limited to indoor, mixed light, and greenhouses that are equipped with filtrations systems that prevent the movement of odors, pesticides, and other airborne contaminates out of or into the structure.”
  16. 16. Other Planning Commission Recommendations 5. Including the Ag Commissioner recommendations: a. Page 18, lines 4,5,6: change the phrase “Pest Management” to “ Pesticide b.Page 33, lines 13,14,15: requirements found in the California Food and Agriculture Code, California Code of Regulations and the California Business and Professions Code. c. Page 52, line 35 and Page 55, line 11 change Planning Commission to Agricultural Commissioner.
  17. 17. Other Planning Commission Recommendations 6.Tribal Rancheria should be renamed “Federal IndianTrust lands” 7. Pg 10- section 3(s): remove “medicinal”. 8. Pg 40- Planning Commission remove resident for 5 years 9. Pg 54- Planning Commission remove all reference to retail 10. Directed the staff to correct scrivener's errors.
  18. 18. Draft Cannabis Cultivation Ordinance Overview
  19. 19. Section 1: Purpose and Intent
  20. 20. Section 2: Applicability
  21. 21. Section 3: Qualified Patients, Primary Caregiver, andAdult Personal Use Cannabis Cultivation 1. Definitions 2. Development Standards and Restrictions 3. Permits Required 4. Duration of Permits
  22. 22. Pre-application • 5 acres or less: indoor, mixed-light, or in an enclosed greenhouse • More than five acres outside Community Growth Boundary: Indoor, mixed-light, outdoors • Adult use: 6 plants per parcel • Qualified patient and primary caregiver: 6 mature or 12 immature per patient
  23. 23. 1 to 5 acre parcels (4,134) Greater than 5 acre parcels
  24. 24. Pre-application • Single family dwelling, duplex, or triplex accessory • Apartment or manufactured home park building • Access Standards
  25. 25. Application •Permitted use in the district where located and is consistent with the general plan. •Meets the development standards of the district in which it is proposed.
  26. 26. Inspections •Normal building permit inspections •Code enforcement
  27. 27. Annual Report •None
  28. 28. Renewal •Adult use, good for the life of the structure •Qualified patient or primary care- giver, annually
  29. 29. Pre-application • None required, but it is encouraged Application • Zoning Permit • Building Permit Inspections • After building permit is finialed, none Annual Report • None Renewal • Adult use, good for the life of the structure • Qualified patient or primary care-giver, annually Lake County Personal Use Cannabis Cultivation Regulatory Process
  30. 30. Section 4. Commercial Cannabis Cultivation 1. Definitions 2. Development Standards, General Requirements, and Restrictions 3. Permitting Process 4. Management Plans 5. Compliance Monitoring 6. Annual Reports 7. Renewals
  31. 31. Development Standards, General Requirements, and Restrictions 1. Development Standards (pg. 18)
  32. 32. RL ZoningA Zoning
  33. 33. APZ Zoning TPZ Zoning
  34. 34. SR Zoning RR Zoning
  35. 35. Development Standards, General Requirements, and Restrictions 1. Development Standards (pg. 18) 2. General Requirements (pg. 22) State license and permits required (pg. 22) Notification to the Bureau of Cannabis Control (pg. 23) Records (pg. 23) Applicant (pg. 24) Background Checks (pg. 25) Qualification for a Permit (pg. 31) Property Owner’s Approval (pg. 32) Limitation on number of permits (pg. 32) Permitted Activities (pg. 33) Operating Hours (pg. 33) Track andTrace (pg. 33) Weights and Measures (pg. 33) Access Standards (pg. 33)
  36. 36. Development Standards, General Requirements, and Restrictions 1. Development Standards (pg. 18) 2. General Requirements (pg. 22) 3. Prohibited Activities (pg. 33) Tree removal (pg. 33) Water use (pg. 34) Odor (pg. 34) Lights (pg. 34) Pest Management (pg. 35)
  37. 37. Development Standards, General Requirements, and Restrictions 1. Development Standards (pg. 18) 2. General Requirements (pg. 22) 3. Prohibited Activities (pg. 33) 4. Protection of Minors (pg. 35) No permittee shall: Sell, transfer or give cannabis or cannabis products to persons under 21 years of age Allow any person under 21 years of age into the cultivation area . Employ or retain persons under 21 years of age. Cannabis cultivation shall not be located within 1,000 feet of: Public or private school providing grades 1 through 12, Developed park containing playground equipment, Drug or alcohol rehabilitation facility, Licensed child care facility or nursery school, Church or youth-oriented facility catering to or providing services primarily intended for minors, or if the individuals who regularly patronize, congregate or assemble at the establishment are predominately minors.
  38. 38. Development Standards, General Requirements, and Restrictions 1. Development Standards (pg. 18) 2. General Requirements (pg. 22) 3. Prohibited Activities (pg. 33) 4. Protection of Minors (pg. 35) The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot of record on which the cannabis cultivation site is located.
  39. 39. Development Standards, General Requirements, and Restrictions 1. Development Standards (pg. 18) 2. General Requirements (pg. 22) 3. Prohibited Activities (pg. 33) 4. Protection of Minors (pg. 35) 5. Commercial CannabisCultivation ExclusionAreas (pg. 35) Within Community Growth Boundary, SOS combining district, Public lands, A water service sphere of influence, An incorporated city sphere of influence, Any public or private school, grades 1 through 12, A developed park containing playground equipment, A drug or alcohol rehabilitation facility, or A licensed child care facility or nursery school, church or youth-oriented facility catering to or providing services primarily intended for minors. Within 1,000 feet of Any public or private school, grades 1 through 12, A developed park containing playground equipment, A drug or alcohol rehabilitation facility, or A licensed child care or daycare facility or nursery school, church or youth-oriented facility catering to or providing services primarily intended for minors. A Community Growth Boundary as described in the Lake County General Plan, A water service sphere of influence, Tribal Rancherias, Incorporated city sphere of influence
  40. 40. Permitting Process 1. Permits (pg. 36) Minor Use Permit for legal, non- conforming, and Article 72 compliant cultivation site Requires Article 72 Compliance Certificate Water Board enrollment not required All Type 1 licenses 2018 growing season 2 year limit Minor Use Permit Article 72 compliance not required Water Board enrollment required All Type 1, 2, and 4 licenses 2019 growing season 10 year duration Major Use Permit Article 72 compliance not required Water Board enrollment required All Type 3 licenses 2019 growing seasons 10 year duration EarlyActivation of a use permit Requiers Article 72 Compliance Certificate Water Board enrollment required Outdoor cultivation or existing permitted structures 2018 (?) growing season 6 months limit
  41. 41. Permitting Process 1. Permits (pg. 36) 2. Minor Use Permit for legal, non-conforming, and Article 72 compliant cultivation site (pg. 36) A person who holds a Conditional Certificate of Recognition of Compliance may apply for a legal non- conforming minor use permit for an M –Type 1, A –Type 1, M –Type 1A, A –Type 1A, M –Type 1B, A –Type 1B, M –Type 1C, or A –Type 1C license. (pg. 37) Article 55 (pg. 37) Supplemental Information (pg. 37) Site Plan (pg. 39) Director approval (pg. 39) Two year duration (pg. 39) Cannot be expanded and limited to 48 mature plants or 72 immature plants (pg. 40) Annual Inspections (pg. 40)
  42. 42. Permitting Process 1. Permits (pg. 36) 2. Minor Use Permit for legal, non-conforming, and Article 72 compliant cultivation site (pg. 36) 3. Major and Minor Use Permit for Commercial Cannabis Cultivation (pg. 40) Enrollment with RegionalWater Quality Control Board or State Water Resources Control Board (pg. 40) Mandatory pre-application conference (pg. 40) Supplemental Information (pg. 41) Site Plan (pg. 44) Graphic Section (pg. 44) Written Section (pg. 46) Management Plan Section (pg. 47) Required findings (pg. 50)
  43. 43. Permitting Process 1. Permits (pg. 36) 2. Minor Use Permit for legal, non-conforming, and Article 72 compliant cultivation site (pg. 36) 3. Major and Minor Use Permit for Commercial Cannabis Cultivation (pg. 40) 4. Minor Use Permit for Early Activation (pg. 50) In addition to the requirements of Article 27.4, the following requirements apply: The applicant shall be qualified to receive a permit The applicant shall be enrolled in with the Water Quality Control Board The applicant shall have a Conditional Certificate of Recognition of Compliance for compliance with Article 72. The applicant shall have filed an application for a minor or major use permit application, as appropriate, for the same project that has been determined to be complete by the Department.
  44. 44. Management Plans Air Quality Management Plan (pg. 50) Cultural Resources Management Plan (pg. 51) Energy Management Plan (pg.51) Fertilizer Management Plan (pg. 52) Fish andWildlife Management Plan (pg. 53) Operations Manual (pg. 53) Pest Management Plan (pg. 54) Property Management Plan (pg. 55) Security Management Plan (pg. 56) StormWater Management Plan (pg. 59) Waste Management Plan (pg. 61) Water Resources Management Plan (pg. 64) Water Use Management Plan (pg. 65)
  45. 45. Compliance Monitoring A compliance monitoring inspections of the cultivation site shall be conducted annually during growing season. (pg. 66) Permittee shall pay the fee established by resolution of the Board of Supervisors prior to the inspection. If there are no violations of the permit or state license during the first five years, the inspection frequency may be reduced by the Director to not less than once every five years.
  46. 46. Annual Report Performance Review (pg. 66)
  47. 47. Renewals An application for renewal shall be submitted to the Department at least 180 days prior to the annual anniversary. Failure to submit an application for renewal by that date will result in the expiration of the permit. (pg. 67) The permit may be renewed if: (pg. 67) Where there are no changes to the use permit or how the site will be operated: The original permit’s approval findings, conditions, or environmental certification are still valid. There are no violations of the permit conditions or of state licenses or permits. The applicant is qualified to apply for such a permit. Where there are changes to the development or use permit or how the site will be operated: (pg. 68) Such changes do not change the findings of the original permit’s approval findings, conditions, or environmental certification. There are no violations of the permit conditions or of state licenses or permits. The applicant is qualified to apply for such a permit.
  48. 48. Pre-application •Water Board Enrollment •Qualified for a permit •Performance Standards •Mandatory Pre-application conference •Required documents •Questions
  49. 49. Application • Permits (pg. 36) •Minor Use Permit for legal, non- conforming, and Article 72 compliant cultivation site (pg. 36) •Major and Minor Use Permit for Commercial Cannabis Cultivation (pg. 40) •Minor Use Permit for Early Activation (pg. 50)
  50. 50. Application •Article 55 requirements •Supplemental Information •Site Plan •Graphic Section •Written Section •Management Plans
  51. 51. Inspections • A compliance monitoring inspection of the cultivation site shall be conducted annually during growing season. • Permittee shall pay the fee established by resolution of the Board of Supervisors prior to the inspection. • If there are no violations of the permit or state license during the first five years, the inspection frequency may be reduced by the Director to not less than once every five years.
  52. 52. Annual Report • All cannabis permittees shall submit a “Performance Review Report” on an annual basis • The premises shall be inspected by the Department on an annual basis • The results from the annual inspection shall be included in the “Performance Review Report” • Non-compliance by permittee in not allowing the inspection by the Department, refusal to pay the required fees, or submitting the annual “Performance Review Report” shall be deemed grounds for a revocation of the use permit and subject the holder of the permit(s) to the penalties outlined in this Code.
  53. 53. Renewal • 6 months before expiration • The permit may be renewed if: • There are no changes to the use permit or how the site will be operated: • The original permit’s approval findings, conditions, or environmental certification are still valid. • There are no violations of the permit conditions or of state licenses or permits. • The applicant is qualified to apply for such a permit. • Where there are changes to the development or use permit or how the site will be operated: • Such changes do not change the findings of the original permit’s approval findings, conditions, or environmental certification. • There are no violations of the permit conditions or of state licenses or permits. • The applicant is qualified to apply for such a permit.
  54. 54. Pre-application • Mandatory • Development Standards • Restrictions and Prohibitions Application • Minor Use Permit for legal, non- conforming use • Minor Use Permit • Major Use Permit • Early Activation Inspections • Annual Annual Report • Performance Review Report Renewal • 6 months before expiration of permit Lake County Commercial Cannabis Cultivation Regulatory Process
  55. 55. Section 5: Section 27.2,TableA Revisions Table A APZ A TPZ RL RR SR R1 R2 R3 C1 C2 C3 CR CH M1 M2 MP PDR PDC W U (z) Adult Use Cultivation ● ● ● ● ● ● ● ● ● ● (z) Qualifying Patient Cultivation ● ● ● ● ● ● ● ● ● ● (z) Primary Caregiver Cultivation ● ● ● ● ● ● ● ● ● ●
  56. 56. Section 6: Section 27.11,Table B Revisions Table B APZ A TPZ RL RR SR R1 R2 R3 C1 C2 C3 CR CH M1 M2 MP PDR PDC W U (at) All versions of Type 1, 2, and 4 licenses ○ ○ ○ ○ ○ ○ (at) All versions of Type 3 licenses ● ● ● ● ● ●
  57. 57. Section 7:The Planning Commission shall prepare a report to the Board of Supervisors evaluating the effectiveness of this ordinance and make recommendations to improve the effectiveness within two (2) years of the effective date of the ordinance. Section 8: Chapter 21, Article 41.18 is hereby repealed. Section 9: All ordinances or resolutions in conflict herewith are hereby repealed to the extent of such conflict and no further. Section 10: Pursuant to Section 26055(h) of the Business and Professions Code, this ordinance is exempt from CEQA requirements. Section 11: Effective Date
  58. 58. Do not make any investment decision based on the content of this PowerPoint Presentation.This represents a draft conceptual approach that has not been approved by the Board of Supervisors. It is intended to be used for planning and discussion purposes only.

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