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Regular-General Government # 33.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Waive second reading and consider adoption of an ordinance amending Chapter 20 to Title 5 of the Yolo County Code regulating the cultivation of medical cannabis in the unincorporated areas of Yolo County. (No general fund impact) (Pogledich/Scarlata) |
| Recommended Action |
| Waive second reading and consider adoption of an ordinance amending Chapter 20 to Title 5 of the Yolo County Code regulating the cultivation of medical cannabis in the unincorporated areas of Yolo County. |
| Strategic Plan Goal(s) |
Safe Communities
Sustainable Environment
Flourishing Agriculture |
| Reason for Recommended Action/Background |
Background
In March 2016, the Board adopted Ordinance 1467, adding Chapter 20 to Title 5 of the Yolo County Code regulating medical cannabis cultivation in Yolo County. That ordinance, which has served as an interim ordinance pending development of a permanent ordinance, was further amended in October 2016 and January 2017.
Purpose
At the Board’s September 12, 2017 meeting, staff proposed and received the Board’s input on modifications to the interim ordinance based on staff’s experience in implementing the County’s medical cannabis cultivation program. This is that revised interim ordinance.
Key Provisions
The key modifications include:
- Establishing an application deadline of December 31, 2017 for initial license applications.
- Allowing the collocation of cultivators on a single parcel. The collocated sites would be limited to parcels 40 acres or greater and to no more than two licensed cultivators per parcel.
- Enabling a medical cannabis cultivation license holder to relocate a cultivation site to a location with less community impact.
- Enabling the installation of cultivation site fencing to be at the discretion of the Task Force;
- Requiring that the cultivation license issued by Yolo County be prominently displayed at the cultivation site;
- Increasing administrative penalties from $1,000 per day for each day the violation continues to up to $500 per day, per plant, for each day the violation continues;
- Establishing a penalty of up to $25.00 per square foot of canopy exceeding the size limitation specified in the license;
- Establishing standards and requiring that cannabis be tested for contaminants, and requiring mitigation for contaminants;
- Changing the way in which canopy is measured from the aggregate of each individual plant to the total aggregate area of cannabis as measured around the outermost perimeter at the drip line, including space between plants; and
- Specifying conditions for which a cultivation license may be denied or revoked; and
- Specifying that a cultivation license cannot be sold or otherwise transferred; and
- Including a provision allowing the licensing of nurseries and processing facilities as part of a pilot program; and
- Limiting the setback for tribal lands to lands held in trust for the Yocha Dehe Wintun Nation by the federal government, including land that is the subject of a trust application, but not land held in fee; and
- Requiring license holders and their employees to be current with their child support obligations.
In addition, as stated at the September 12, 2017 Board meeting, staff proposed adding language clarifications to the interim ordinance and modifications for consistency with state law (SB94/Medical and Adult Use Cannabis Regulation and Safety Act (MAUCRSA)). Further, the proposed amendments further clarify and strengthen existing provisions of the ordinance related to licenses, enforcement, abatement, and penalties.
Finally, pursuant to the Board's direction on September 12, 2017, the ordinance contains a sunset provision automatically repealing the ordinance as of December 31, 2018 unless the Board of Supervisors submits a County tax on commercial cannabis activity to the voters on the June 2018 ballot, the voters approve the tax, and the tax is certified by the County pursuant to Section 15372 of the California Elections Code, all without successful challenge. The provision includes a grace period allowing existing licensed cultivators time to wind down operations, as follows:
- Outdoor cultivation – December 31, 2018
- Mixed-light cultivation – December 31, 2019
- Indoor cultivation – December 31, 2020
- Cultivation pursuant to a development agreement – by the expiration date specified in the agreement.
Current Action
The Board reviewed and discussed the proposed revised interim ordinance at the October 24, 2017 Board meeting. Per the Board's direction, staff made the following changes to the revised ordinance for this second reading:
- Expand as a disqualifying felony conviction "drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the Health & Safety Code" to simply "[a] felony conviction for drug trafficking".
- Increase the setback from residences to require that a proposed outdoor cultivation site that is the subject of an application for an initial cultivation license filed between October 24, 2017 and December 31, 2017 must be at least 1,000 feet from any occupied residence located on a separate parcel.
Attached as Attachment A is the updated revised interim ordinance, with the above modifications included. Attachment B is the revised interim ordinance, with all changes tracked, including those from the first reading. Attachment C is the revised interim ordinance with just the modifications from the first reading tracked. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Administrator’s Office, Agriculture Department, Community Services Department, Yolo County Cannabis Task Force, and the District Attorney’s Office. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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