RESOURCE MANAGEMENT AGENCY - J. GUERTIN

a) PUBLIC HEARING - Conduct public hearing regarding the draft Personal Cultivation of Cannabis Ordinance (amending Chapter 11.15 of the San Benito County Code) proposed by the ad hoc committee in consultation with key stakeholders;

b) Make 2035 General Plan consistency findings and determinations as set forth in the Planning Commission's Resolution No. 2017-27;

c) Find that adoption of Ch. 11.15, is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment), 15308 (regulatory activity to assure the protection of the environment), and 15183 (projects consistent with a Community Plan, General Plan, or zoning); and direct the RMA Director to file a Notice of Exemption;

d) Consider adoption of an Ordinance amending Chapter 11.15 of the San Benito County Code relating to personal cultivation of cannabis in the unincorporated area of the County:

1) Waive the reading;

2) Accept the introduction;

3) Adopt the Ordinance

and

e) Retroactively approve publication of first display ad and direct County Counsel to publish second display ad after adoption.

SBC FILE NUMBER: 790

ORDINANCE NO:963

Overview of State Cannabis Laws:

Over the past two years, there have been substantial changes in state law relating to cannabis cultivation and distribution, including the enactment of detailed state regulatory schemes for medicinal cannabis (the Medical Cannabis Regulation and Safety Act) and non-medicinal cannabis (sometimes referred to as "recreational marijuana" or “recreational cannabis”) (Prop. 64, the Adult Use of Marijuana Act). On June 27, 2017, Senate Bill 94 was approved by Governor Brown which repealed MCRSA and includes certain provisions of MCRSA in the licensing provisions of AUMA. Under SB 94, these consolidated provisions are known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA"). These new state laws preserve strong local control over both personal cannabis cultivation and cannabis business activities, including:

• Outdoor cultivation may be regulated or completely banned.
• Cultivation of more than six plants on any premises may be regulated or completely banned.
• Personal cultivation of six or fewer plants, conducted indoors "inside a private residence, or inside an accessory structure to a private residence" cannot be completely banned, but can be reasonably regulated.

Procedural Background:

Many local jurisdictions throughout California are studying their existing regulations to determine if any changes are required or desirable as a result of these new state laws. Upon review of San Benito County’s Personal Cultivation of Cannabis Ordinance, the following changes have been recommended to facilitate enforcement and maintain consistency with neighboring jurisdictions:

• Prohibit outdoor cultivation (defined as any cultivation occurring outside of a residence of permitted accessory structure) of any cannabis plants.    
• Make minor revisions to correct typos.
• Update citations to State law in light of SB 94 and correct citation to County Code.

General Plan Consistency:

Staff has reviewed the 2035 General Plan and has determined that the ordinance is consistent with said General Plan.

The Planning Commission determined that the proposed ordinance is consistent with the 2035 General Plan, Section 9 Health and Safety Element which “provides guidance for how to protect county residents, workers, visitors, and properties from unreasonable risks associated with natural and manmade hazards. One of the main strategies used by the County to maintain safety is to require distance between known hazards and places where people live, work, and congregate.” Goal HS-5.2, Sensitive Land Use Locations, states, “[t]he County shall ensure adequate distances between sensitive uses and facilities or operations that may produce toxic or hazardous air pollutants or substantial odors.” The Ordinance is consistent with Goal HS-5.2 in that setbacks are required from sensitive land use areas, as well as, from all boundary lines so as to reduce the contact with odors from cannabis cultivation on residential properties.

The Board of Supervisors is requested to make the above 2035 General Plan consistency findings that were made by the Planning Commission and incorporated in their recommendation.

Environmental Review:

Staff has conducted the environmental review of this ordinance under CEQA and CEQA Guidelines.

The Planning Commission determined that the proposed ordinance is categorically exempt pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

In addition to the foregoing general exemptions, the Planning Commission further found that the Ordinance is categorically exempt from review under CEQA under the Class 8 Categorical Exemption (regulatory activity to assure the protection of the environment).

Additionally, the Planning Commission found that based on the evidence in the record and described in the public hearing, the proposed ordinance (Project) is exempt from CEQA pursuant to CEQA Guideline Section 15183 of Title 14 of the California Code of Regulations. CEQA Guideline Section 15183 provide that projects which are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” An EIR was certified by the Board of Supervisors for the adoption of the County of San Benito General Plan. The proposed ordinance is consistent with the general plan.  Therefore, the proposed project qualifies for the exemption under CEQA Guideline Section 15183, because the proposed ordinance is consistent with the General Plan, for which an EIR was certified.

The Board of Supervisors is requested to make the above CEQA exemption findings that were made by the Planning Commission and incorporated in their recommendation.

RESOURCE MANAGEMENT AGENCY - J. GUERTIN

a) PUBLIC HEARING - Conduct public hearing regarding the draft Personal Cultivation of Cannabis Ordinance (amending Chapter 11.15 of the San Benito County Code) proposed by the ad hoc committee in consultation with key stakeholders;

b) Make 2035 General Plan consistency findings and determinations as set forth in the Planning Commission's Resolution No. 2017-27;

c) Find that adoption of Ch. 11.15, is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment), 15308 (regulatory activity to assure the protection of the environment), and 15183 (projects consistent with a Community Plan, General Plan, or zoning); and direct the RMA Director to file a Notice of Exemption;

d) Consider adoption of an Ordinance amending Chapter 11.15 of the San Benito County Code relating to personal cultivation of cannabis in the unincorporated area of the County:

1) Waive the reading;

2) Accept the introduction;

3) Adopt the Ordinance

and

e) Retroactively approve publication of first display ad and direct County Counsel to publish second display ad after adoption.

SBC FILE NUMBER: 790

ORDINANCE NO: