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TO: Board of Supervisors
FROM: Robert Massarelli, AICP
Prepared by: Mireya G. Turner, Associate Planner
DATE: September 26, 2017
RE: SECOND READING - Consideration of Ordinance Amending Article 72 of the Lake County Code to Allow the Outdoor Cultivation of Medical Cannabis in "RL" Rural Lands and to Create a Certification of Compliance Process for Cannabis Cultivation
ATTACHMENTS: 1. Proposed Ordinance
2. Public Comments
During the March 21, 2017 Board of Supervisors meeting, the Board directed staff to create a self-certification process for residents currently cultivating medical cannabis in conformance the Article 72. Additionally, the Board recommended the addition of the Rural Lands base zoning designation, which would enable additional parcels to be certified in conformance with the article. Article 72 currently allows for no more than forty-eight (48) mature cannabis plants on “A” Agriculture zoned parcels over twenty (20) acres in size, with established setbacks and other requirements.
On March 21, 2017, the Board of Supervisors provided staff with direction on amendments to Article 72 Cannabis Cultivation. On May 11, 2017, the Planning Commission adopted a Resolution of Intent to Amend Article 72 of the Chapter 21 of the Lake County Code, regarding cannabis cultivation. They passed a recommendation of approval of those amendments during their May 25, 2017 meeting.
The proposed amendments include the following:
• Amend certain definitions to reflect the voter-approved commercial cannabis tax
• Allow medical collective cultivation in the “RL” Rural Lands zoning district
• Create a Certification of Compliance process for Article 72 compliant cannabis cultivation
I. ENVIRONMENTAL ANALYSIS
The Rural Lands zoning designation allows for agricultural activity to be a primary or secondary use of a parcel. Staff asserted it is reasonable for the County to assume that the addition of the “RL” base zoning designation for collective cultivation will not have a significant effect on the environment. At the May 25, 2017 meeting, the Planning Commission found that the proposed text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to §15061(b)(3).
Recommended Action
SECOND READING - Consideration of Ordinance Amending Article 72 of the Lake County Code to Allow the Outdoor Cultivation of Medical Cannabis in "RL" Rural Lands and to Create a Certification of Compliance Process for Cannabis Cultivation