Memorandum
Date: April 7, 2020
To: The Honorable Moke Simon, Chair, Lake County Board of Supervisors
From: Scott DeLeon, Interim Community Development Department
Mark Roberts, Principal Planner
Subject: Zoning Ordinance Text Amendment (AM 20-01) Categorical Exemption (CE 20-07)
Executive Summary: (include fiscal and staffing impact narrative):
On February 27, 2020 the consideration of a Zoning Ordinance Text Amendment to Article 27, Sections 27.2 (table) and 27.3 of the Lake County Zoning Ordinance was brought before the Planning Commission to establish regulations and develop standards for the cultivation of Industrial HEMP. During the hearing, commissioners and the general public raised the following concerns:
• Residential Area Setbacks (Subdivisions)
• Setbacks from property lines based on size of grow
• Onsite Waste Management Concerns
• Odor Control Plans
• Fencing requirements
• Safety and Enforcement
• Water Use
• Noise Impacts
• Fire Severity Zones
• Encampments to attend crops
• Outdoor Farming Practices (dust control measures, pesticide use and storage, grading, routine maintenance, etc.)
• Engineered Greenhouse Requirements
• THC and CBC Comparison Levels
• Industrial HEMP and testing for pesticides.
• Planning Commission wishes to review this Ordinance once adopted by the Board
The Planning Commission request that the Board of Supervisor discuss the above concerns in further detail and approve the proposed Zoning Ordinance Text Amendment, with the modification of increasing the setback from offsite residences from 150 to 200 feet.
ENVIRONMENTAL ANALYSIS:
Pursuant to Section 15061 (b) (3) of the California Environmental Quality Act (CEQA) projects “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment” are exempt from CEQA. As the activity in question here is merely a text amendment which will not have any effect on the environment, it clearly falls within the common sense exemption. The adoption and implementation of the proposed Zoning Ordinance text amendment, therefore, is exempt from CEQA
RECOMMENDED ACTION:
Planning Commission recommends the Boards of Supervisors approve Zoning Ordinance Text Amendment, AM 20-01 and Categorical Exemption, CE 20-07.
SAMPLE MOTIONS:
I move to waive reading of the ordinance and have it read it title only
I offer the ordinance for passage
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Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
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☐ Well-being of Residents ☐ Public Safety ☐ Infrastructure ☐ Technology Upgrades
☐ Economic Development ☐ Disaster Recovery ☐ County Workforce ☐ Revenue Generation
☐ Community Collaboration ☐ Business Process Efficiency ☐ Clear Lake ☐ Cost Savings
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Recommended Action: Adopt Zoning Ordinance Text Amendment, AM 20-01 and Categorical Exemption, CE 20-07.