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Consider scheduling a special public hearing for August 29, 2017 at 6:30 p.m. to consider a proposed ordinance to amend Chapter 28 (Zoning Regulations) to regulate non-commercial cultivation of cannabis for personal and caregiver uses in all zones that allow a residence as a primary use
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors consider scheduling a special public hearing for August 29, 2017 at 6:30 p.m. to consider a proposed ordinance to amend Chapter 28 (Zoning Regulations) to regulate non-commercial cultivation of cannabis for personal and caregiver uses in all zones that allow a residence as a primary use.
SUMMARY/DISCUSSION:
In 2016, the Board of Supervisors directed staff to develop draft regulations for addressing both personal/caregiver cannabis cultivation and the aspects of potential commercial cannabis businesses. These draft regulations are to reflect the Medical Cannabis Regulation and Safety Act (MCRSA), the Adult Use of Marijuana Act (AUMA) and the Trailer Bill (SB 94) all of which allow local jurisdictions to further regulate cannabis. The only exception is that per AUMA, local jurisdictions cannot prohibit indoor personal cultivation of up to six plants inside a private residence or inside an accessory structure to a private residence.
The County’s current interim urgency ordinance addresses personal cultivation as defined by MCRSA and AUMA; as well as commercial cultivation. Because of the complexity of the range of cannabis issues that need to be addressed in their totality, staff will be bringing forward proposed regulations for personal use at the August 29 meeting. The Planning Commission has made their formal recommendation on personal cannabis but is still evaluating recommendations on commercial cannabis. Staff anticipates receiving a final recommendation on regulations on the commercial aspects of cannabis from the Planning Commission in the early fall and staff will bring those regulations forward to the Board in October. Staff is recommending an evening meeting in light of the level of public interest on this topic.
FINANCIAL IMPACT:
The cost to analyze County options for regulating medical and recreational cannabis activities are covered by the General Fund within the County Counsel and Department of Resource Management’s budget.
ALTERNATIVES:
The Board could elect not to hold a special Board of Supervisor’s meeting on August 29, 2017 and instead hear the draft personal/caregiver cannabis regulations during a regular scheduled Board meeting. This is not recommended since cannabis and cannabis regulations are a subject that are of interest to many residents and an evening meeting may allow for increased attendance which would be in the best interest of the County in regards to addressing the County’s roles, responsibilities and potential issues relative to the cannabis regulatory environment.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION