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Regular-General Government # 35.
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| Board of Supervisors |
Agriculture |
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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 marijuana in the unincorporated areas of Yolo County. (No general fund impact) (Young) |
| 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 marijuana in the unincorporated areas of Yolo County. |
| Strategic Plan Goal(s) |
Operational Excellence
Safe Communities
Sustainable Environment
Flourishing Agriculture
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| Reason for Recommended Action/Background |
Background
On March 22, 2016, in response to the Medical Marijuana Regulation and Safety Act (MMRSA) and to effect greater local control, the Board of Supervisors adopted Ordinance 1467, adding Chapter 20 to Title 5 of the Yolo County Code regulating medical marijuana cultivation in Yolo County. The Board requested the initial ordinance as an interim measure to address neighbor complaints and limit harmful environmental impacts while protecting patient access to medical marijuana, while state and county staff develop more comprehensive regulatory programs.
On October 11, 2016, Agricultural Commissioner John Young presented an update on the implementation of the interim ordinance and efforts of the task force newly formed to enforce its provisions. Through the course of its enforcement efforts, the task force identified provisions of the ordinance that require strengthening in order to best effectuate the intent of the ordinance. To that end, staff and the Agricultural Commissioner requested the Board adopt an amended interim ordinance to make the interim ordinance stronger and more effective. Changes to the interim ordinance include:
- Definitions for: abatement costs, administrative costs, cultivation site, enforcing officer, and youth oriented facility.
- Revision of the patient cultivation exemption for consistency with state law.
- Clarification of the number of patients who may grow per property.
- Requirement that commercial cultivators: (a) participate in a track and trace program when instituted by the County, (b) provide written consent for compliance inspections and (c) sign an indemnification agreement protecting the County.
- Prohibition on commercial cultivation by those with enumerated criminal convictions.
- Residency requirements.
- Requirement that cultivators register with the County.
- Addition of a nuisance abatement process specific to marijuana with attendant full cost recovery.
The amended ordinance is attached as Attachment A to this staff report. Residency requirements in this ordinance require persons cultivating medical marijuana to either own the premises where cultivation is occurring or have entered into a written lease with the recorded property owner that includes the written permission of the property owner for the lessee to cultivate medical marijuana on the property. An additional residency requirement included in the initial version of the ordinance considered on October 11, 2016 (i.e., the two-year minimum residency requirement) has been deleted, as directed by the Board.
Staff recommends the Board waive the second reading and consider adoption of the ordinance amending Chapter 20 to Title 5 of the Yolo County Code regulating the cultivation of medical marijuana in the unincorporated areas of Yolo County. The interim prohibition is brought on a separate agenda item for the Board of Supervisors' consideration on October 25, 2016. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Department of Agriculture worked closely with County Counsel, the County Administrator's Office and the District Attorney's Office in developing the interim ordinance update, as well as in coordination with the Medical Marijuana Cultivation Task Force, comprised of representatives from the Department of Community Services, the Sheriff's Office, and Health and Human Services Agency. Regional and state agencies, such as the Central Valley Regional Water Control Board and the Yolo-Solano Air Quality Management District, as well as medical marijuana industry groups and businesses, and Yolo County residents and neighbors have been actively part of the iterative dialog in developing these changes to the interim ordinance. |
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