Feb. 15, 2018, presentation to Lake County Board of Supervisors re Draft Cannabis Cultivation Ordinance. Several revisions are expected when the draft ordinance returns for first reading and public hearing on March 6, 2018.

1. Draft Cannabis
Cultivation
Ordinance
February 15, 2018 Board of Supervisors workshop
Robert Massarelli, Director of Community Development
Michelle Irace, Senior Planner

2. Do not make any investment decision based
on the content of this PowerPoint
Presentation.This represents a draft
ordinance that has not been approved by the
Board of Supervisors. It is intended to be
used for review purposes only.

3. Presentation Outline
• Development of Cannabis Policy Summary
• Overview and Status of Self Certification Program
• Summary of Input from Planning Commission
• Overview of Draft Cannabis Cultivation Ordinance
• Planning Commission Input
• Questions

4. Cannabis Cultivation Policy Development
Article 72
• Article 72 was adopted on 12/2013 and revised on 10/24/17 for cultivation of medicinal cannabis
• Self Certification program
• Urgency Ordinance (12/19/17) and Extension (1/23/18) adopted ,placing a moratorium on
commercial cannabis while allowing temporary and limited registration for State licensure
Article 72
Replacement
• Comprehensive Draft Ordinance brought to PC and BOS in early 2017
• BOS directed the staff to proceed with the preparation of an ordinance
• 1/18/18 BOS directed the staff to move forward with the cultivation portion, placing other license
types on hold with a moratorium
Article 27
• Request for Guidance discussion points brought to the BOS by staff on 1/18/18 to aid in drafting the
Cultivation Ordinance
• Draft Cultivation Ordinance will be included into Article 27, rather than Article 72

5. Self-Certification Program
For existing medicinal collectives in compliance with Article 72 of the Lake
County Zoning Ordinance
SubmitApplication
• Applicant is certifying that
they are currently in
compliance with Article 72
• Staff review for
completeness
• If deemed complete a
Letter of Authorization is
issued
• If deemed not complete an
Incomplete Letter is issued
SiteVisit
• For applications deemed
complete, a site visit is
conducted
• Checking for compliance
with Article 72
Determination
• If site visit identifies non
compliance, a Non
Compliance Letter is issued
with 30 day timeline
• If site visit identifies
compliance, then a
Conditional Certificate of
Recognition of Compliance
is issued

6. •18 incomplete letters sent- incorrect zoning or parcel size,
no permitted house, legal lot status, proximity to
daycares, etc.
•10 non compliance letters sent- mostly for fencing
requirements; 3 were later deemed compliant
•16 Conditional Certificates of Recognition of Compliance
issued
•7 need site visits
•Because Article 72 (Section 72.5(m))states that
medicinal collectives certify compliance through the
Self Certification program by March 31, 2018 the
application submittal deadline is March 30th, 2018 by
close of business (3:30pm).
39 applications
received as of
February 14, 2018
Self-Certification Program

7. • 1 Adult use cultivation specialty mixed light tier 1
• 1 Medicinal specialty mixed light tier 1
• 1 Adult use cultivation small outdoor
• 1 Medicinal use cultivation small outdoor
• 6 Medicinal use cultivation medium outdoor
• 9 Adult use cultivation medium outdoor
• 1 Adult use cultivation specialty mixed light tier 2
• 1 Medicinal cultivation medium mixed light tier 1
•1 Adult use microbusiness
22 emails from the
State regarding
temporary permit
applications received
as of February 15,
2018
StateTemporary Licenses Program

8. BOS Request for Guidance Summary
RG 2
• Is it the Board’s desire to continue the same limits for qualified patients, primary
caregivers, and adult personal use?
• Is there a desire to increase the minimum acreage for outdoor cultivation?The
current draft ordinance uses 5 acres.
BOS Guidance
• Agree with the current draft cultivation ordinance of 5 acres as the minimum
acreage for outdoor cultivation in such cases and wishes the Planning Commission
to provide further analysis of impacts.
Planning Commission Recommendation
• Split, draft ordinance recommendation of five acres

9. BOS Request for Guidance Summary
RG 3
• Should commercial cannabis cultivation be limited to the A and RL zoning
districts or should it be expanded to others? APZ?TPZ? RR? SR?
BOS Guidance
• Agree that outdoor commercial cannabis cultivation should occur only in
the A and RL Zoning Districts, but would like the Planning Commission to
consider whether the APZ Zoning District should also be included.
Planning Commission Recommendation
• Commercial Cannabis Cultivation in APZ,TPZ, RR, SR, and PDC

10. BOS Request for Guidance Summary
RG 6
• Should a commercial cannabis cultivation site be required to have a residence of at least
one of the applicants, if there are multiple applicants on the parcel were the cultivation
occurs?
BOS Guidance
• Generally feels a residence should be occupied for security reasons
• Would like to consider special considerations for fire victims that lost homes
• Would like the Planning Commission to review the reasons for and consider whether a
commercial cannabis cultivation site should be required to include a primary residence
Planning Commission Recommendation
• Against a requirement for a residence at a commercial cannabis cultivation site

11. BOS Request for Guidance Summary
RG 7
• Should any flexibility be provided for a cultivation site that is screened from
adjacent properties or public roadways by topography and or vegetation?
BOS Guidance
• Would like the Planning Commission to consider allowing some flexibility under
certain prescribed circumstances for a cultivation site to be screened from
adjacent properties and public roadways by topography and/or vegetation, rather
than through the use of fencing materials.
Planning Commission Recommendation
• Recommend flexibility

12. BOS Request for Guidance Summary
RG 11
• Does the Board wish to continue the allowance of water purchases as the main
source for cannabis cultivation?
BOS Guidance
• Does not wish to allow water purchases as the main source of water for a
cannabis cultivation site; the main source of water should be located on the
cultivation site property or adjacent site of same property owner
Planning Commission Recommendation
• Against the deliveries from water purveyors except for emergency conditions

13. BOS Request for Guidance Summary
RG 12
• Does the Board wish to limit cultivation permits to one per parcel, or is co-location of
multiple cultivation permits on a single parcel acceptable?
• If co-location is to be allowed, should setbacks be established to distance sites from one
another?
BOS Guidance
• Would like the Planning Commission to consider whether, depending upon the acreage of a
cultivation site parcel, more than one cultivation permit per parcel is permissible and under
what specific circumstances it is permissible
Planning Commission Recommendation
• Allow co-location consistent with state regulations

14. Other Planning Commission
Recommendations
1. Limit background checks for applicants only.
2. Limit the number of permits a permittee may hold to four.
3. Including language at the end of the ordinance that states that the Planning
Commission will report how the cultivation program is going in two years from
adoption and will suggest changes if necessary.

15. Other Planning Commission
Recommendations
4. “Within areas designated as prime farmland, farmland of statewide importance,
unique farmland, and farmland of local importance as depicted on Lake County
Important Farmland, 2016 prepared by the State of California Department of
Conservation Farmland Mapping and Monitoring Program, commercial cannabis
cultivation shall be limited to indoor, mixed light, and greenhouses that are
equipped with filtrations systems that prevent the movement of odors, pesticides,
and other airborne contaminates out of or into the structure.”

16. Other Planning Commission
Recommendations
5. Including the Ag Commissioner recommendations:
a. Page 18, lines 4,5,6: change the phrase “Pest Management” to “ Pesticide
b.Page 33, lines 13,14,15: requirements found in the California Food and
Agriculture Code, California Code of Regulations and the California Business and
Professions Code.
c. Page 52, line 35 and Page 55, line 11 change Planning Commission to
Agricultural Commissioner.

17. Other Planning Commission
Recommendations
6.Tribal Rancheria should be renamed “Federal IndianTrust lands”
7. Pg 10- section 3(s): remove “medicinal”.
8. Pg 40- Planning Commission remove resident for 5 years
9. Pg 54- Planning Commission remove all reference to retail
10. Directed the staff to correct scrivener's errors.

18. Draft Cannabis Cultivation Ordinance
Overview

19. Section 1: Purpose and Intent

20. Section 2: Applicability

21. Section 3: Qualified Patients, Primary Caregiver, andAdult Personal
Use Cannabis Cultivation
1. Definitions
2. Development Standards and Restrictions
3. Permits Required
4. Duration of Permits

22. Pre-application
• 5 acres or less: indoor, mixed-light, or in an
enclosed greenhouse
• More than five acres outside Community
Growth Boundary: Indoor, mixed-light,
outdoors
• Adult use: 6 plants per parcel
• Qualified patient and primary caregiver: 6
mature or 12 immature per patient

24. 1 to 5 acre parcels (4,134)
Greater than 5 acre parcels

26. Pre-application
• Single family dwelling, duplex, or triplex
accessory
• Apartment or manufactured home park
building
• Access Standards

27. Application
•Permitted use in the district
where located and is consistent
with the general plan.
•Meets the development
standards of the district in which
it is proposed.

28. Inspections
•Normal building permit inspections
•Code enforcement

29. Annual Report
•None

30. Renewal
•Adult use, good for the life of the
structure
•Qualified patient or primary care-
giver, annually

31. Pre-application
• None
required, but
it is
encouraged
Application
• Zoning
Permit
• Building
Permit
Inspections
• After
building
permit is
finialed,
none
Annual Report
• None
Renewal
• Adult use,
good for the
life of the
structure
• Qualified
patient or
primary
care-giver,
annually
Lake County Personal Use Cannabis Cultivation Regulatory Process

32. Section 4. Commercial Cannabis Cultivation
1. Definitions
2. Development Standards, General Requirements, and
Restrictions
3. Permitting Process
4. Management Plans
5. Compliance Monitoring
6. Annual Reports
7. Renewals

33. Development Standards, General Requirements, and
Restrictions
1. Development Standards (pg. 18)

34. RL ZoningA Zoning

35. APZ Zoning TPZ Zoning

36. SR Zoning RR Zoning

37. Development Standards, General Requirements, and Restrictions
1. Development Standards (pg. 18)
2. General Requirements (pg. 22)
State license and permits required (pg. 22)
Notification to the Bureau of Cannabis Control (pg. 23)
Records (pg. 23)
Applicant (pg. 24)
Background Checks (pg. 25)
Qualification for a Permit (pg. 31)
Property Owner’s Approval (pg. 32)
Limitation on number of permits (pg. 32)
Permitted Activities (pg. 33)
Operating Hours (pg. 33)
Track andTrace (pg. 33)
Weights and Measures (pg. 33)
Access Standards (pg. 33)

38. Development Standards, General Requirements, and Restrictions
1. Development Standards (pg. 18)
2. General Requirements (pg. 22)
3. Prohibited Activities (pg. 33)
Tree removal (pg. 33)
Water use (pg. 34)
Odor (pg. 34)
Lights (pg. 34)
Pest Management (pg. 35)

39. Development Standards, General Requirements, and Restrictions
1. Development Standards (pg. 18)
2. General Requirements (pg. 22)
3. Prohibited Activities (pg. 33)
4. Protection of Minors (pg. 35)
No permittee shall:
Sell, transfer or give cannabis or cannabis products to persons under 21 years of age
Allow any person under 21 years of age into the cultivation area .
Employ or retain persons under 21 years of age.
Cannabis cultivation shall not be located within 1,000 feet of:
Public or private school providing grades 1 through 12,
Developed park containing playground equipment,
Drug or alcohol rehabilitation facility,
Licensed child care facility or nursery school,
Church or youth-oriented facility catering to or providing services primarily intended for
minors, or if the individuals who regularly patronize, congregate or assemble at the
establishment are predominately minors.

40. Development Standards, General Requirements, and Restrictions
1. Development Standards (pg. 18)
2. General Requirements (pg. 22)
3. Prohibited Activities (pg. 33)
4. Protection of Minors (pg. 35)
The distance specified in
this section shall be the
horizontal distance
measured in a straight line
from the property line of
the school to the closest
property line of the lot of
record on which the
cannabis cultivation site is
located.

41. Development Standards, General Requirements, and Restrictions
1. Development Standards (pg. 18)
2. General Requirements (pg. 22)
3. Prohibited Activities (pg. 33)
4. Protection of Minors (pg. 35)
5. Commercial CannabisCultivation ExclusionAreas (pg. 35)
Within
Community Growth Boundary,
SOS combining district,
Public lands,
A water service sphere of influence,
An incorporated city sphere of influence,
Any public or private school, grades 1 through 12,
A developed park containing playground equipment,
A drug or alcohol rehabilitation facility, or
A licensed child care facility or nursery school, church
or youth-oriented facility catering to or providing
services primarily intended for minors.
Within 1,000 feet of
Any public or private school, grades 1 through 12,
A developed park containing playground equipment,
A drug or alcohol rehabilitation facility, or
A licensed child care or daycare facility or nursery
school, church or youth-oriented facility catering to
or providing services primarily intended for minors.
A Community Growth Boundary as described in the
Lake County General Plan,
A water service sphere of influence,
Tribal Rancherias,
Incorporated city sphere of influence

43. Permitting Process
1. Permits (pg. 36)
Minor Use Permit for
legal, non-
conforming, and
Article 72 compliant
cultivation site
Requires Article 72
Compliance
Certificate
Water Board
enrollment not
required
All Type 1 licenses
2018 growing
season
2 year limit
Minor Use Permit
Article 72
compliance not
required
Water Board
enrollment
required
All Type 1, 2, and 4
licenses
2019 growing
season
10 year duration
Major Use Permit
Article 72
compliance not
required
Water Board
enrollment
required
All Type 3 licenses
2019 growing
seasons
10 year duration
EarlyActivation of a
use permit
Requiers Article 72
Compliance
Certificate
Water Board
enrollment
required
Outdoor
cultivation or
existing permitted
structures
2018 (?) growing
season
6 months limit

44. Permitting Process
1. Permits (pg. 36)
2. Minor Use Permit for legal, non-conforming, and Article 72 compliant cultivation
site (pg. 36)
A person who holds a Conditional Certificate of Recognition of Compliance may apply for a legal non-
conforming minor use permit for an M –Type 1, A –Type 1, M –Type 1A, A –Type 1A, M –Type 1B, A
–Type 1B, M –Type 1C, or A –Type 1C license. (pg. 37)
Article 55 (pg. 37)
Supplemental Information (pg. 37)
Site Plan (pg. 39)
Director approval (pg. 39)
Two year duration (pg. 39)
Cannot be expanded and limited to 48 mature plants or 72 immature plants (pg. 40)
Annual Inspections (pg. 40)

45. Permitting Process
1. Permits (pg. 36)
2. Minor Use Permit for legal, non-conforming, and Article 72 compliant cultivation
site (pg. 36)
3. Major and Minor Use Permit for Commercial Cannabis Cultivation (pg. 40)
Enrollment with RegionalWater Quality Control Board or State Water Resources Control Board (pg. 40)
Mandatory pre-application conference (pg. 40)
Supplemental Information (pg. 41)
Site Plan (pg. 44)
Graphic Section (pg. 44)
Written Section (pg. 46)
Management Plan Section (pg. 47)
Required findings (pg. 50)

46. Permitting Process
1. Permits (pg. 36)
2. Minor Use Permit for legal, non-conforming, and Article 72 compliant cultivation
site (pg. 36)
3. Major and Minor Use Permit for Commercial Cannabis Cultivation (pg. 40)
4. Minor Use Permit for Early Activation (pg. 50)
In addition to the requirements of Article 27.4, the following requirements apply:
The applicant shall be qualified to receive a permit
The applicant shall be enrolled in with the Water Quality Control Board
The applicant shall have a Conditional Certificate of Recognition of Compliance for compliance with
Article 72.
The applicant shall have filed an application for a minor or major use permit application, as
appropriate, for the same project that has been determined to be complete by the Department.

47. Management Plans
Air Quality Management Plan (pg. 50)
Cultural Resources Management Plan (pg. 51)
Energy Management Plan (pg.51)
Fertilizer Management Plan (pg. 52)
Fish andWildlife Management Plan (pg. 53)
Operations Manual (pg. 53)
Pest Management Plan (pg. 54)
Property Management Plan (pg. 55)
Security Management Plan (pg. 56)
StormWater Management Plan (pg. 59)
Waste Management Plan (pg. 61)
Water Resources Management Plan (pg. 64)
Water Use Management Plan (pg. 65)

48. Compliance Monitoring
A compliance monitoring inspections of the cultivation site shall be conducted
annually during growing season. (pg. 66)
Permittee shall pay the fee established by resolution of the Board of Supervisors prior
to the inspection.
If there are no violations of the permit or state license during the first five years, the
inspection frequency may be reduced by the Director to not less than once every five
years.

49. Annual Report
Performance Review (pg. 66)

50. Renewals
An application for renewal shall be submitted to the Department at least 180 days
prior to the annual anniversary. Failure to submit an application for renewal by that
date will result in the expiration of the permit. (pg. 67)
The permit may be renewed if: (pg. 67)
Where there are no changes to the use permit or how the site will be operated:
The original permit’s approval findings, conditions, or environmental certification
are still valid.
There are no violations of the permit conditions or of state licenses or permits.
The applicant is qualified to apply for such a permit.
Where there are changes to the development or use permit or how the site will be
operated: (pg. 68)
Such changes do not change the findings of the original permit’s approval
findings, conditions, or environmental certification.
There are no violations of the permit conditions or of state licenses or permits.
The applicant is qualified to apply for such a permit.

51. Pre-application
•Water Board Enrollment
•Qualified for a permit
•Performance Standards
•Mandatory Pre-application conference
•Required documents
•Questions

52. Application
• Permits (pg. 36)
•Minor Use Permit for legal, non-
conforming, and Article 72 compliant
cultivation site (pg. 36)
•Major and Minor Use Permit for
Commercial Cannabis Cultivation (pg. 40)
•Minor Use Permit for Early Activation (pg.
50)

53. Application
•Article 55 requirements
•Supplemental Information
•Site Plan
•Graphic Section
•Written Section
•Management Plans

54. Inspections
• A compliance monitoring inspection of the
cultivation site shall be conducted annually during
growing season.
• Permittee shall pay the fee established by
resolution of the Board of Supervisors prior to the
inspection.
• If there are no violations of the permit or state
license during the first five years, the inspection
frequency may be reduced by the Director to not
less than once every five years.

55. Annual Report
• All cannabis permittees shall submit a “Performance
Review Report” on an annual basis
• The premises shall be inspected by the Department on an
annual basis
• The results from the annual inspection shall be included
in the “Performance Review Report”
• Non-compliance by permittee in not allowing the
inspection by the Department, refusal to pay the required
fees, or submitting the annual “Performance Review
Report” shall be deemed grounds for a revocation of the
use permit and subject the holder of the permit(s) to the
penalties outlined in this Code.

56. Renewal
• 6 months before expiration
• The permit may be renewed if:
• There are no changes to the use permit or how the site will be operated:
• The original permit’s approval findings, conditions, or environmental
certification are still valid.
• There are no violations of the permit conditions or of state licenses or
permits.
• The applicant is qualified to apply for such a permit.
• Where there are changes to the development or use permit or how the site
will be operated:
• Such changes do not change the findings of the original permit’s approval
findings, conditions, or environmental certification.
• There are no violations of the permit conditions or of state licenses or
permits.
• The applicant is qualified to apply for such a permit.

57. Pre-application
• Mandatory
• Development
Standards
• Restrictions
and
Prohibitions
Application
• Minor Use
Permit for
legal, non-
conforming
use
• Minor Use
Permit
• Major Use
Permit
• Early
Activation
Inspections
• Annual
Annual Report
• Performance
Review
Report
Renewal
• 6 months
before
expiration of
permit
Lake County Commercial Cannabis Cultivation Regulatory Process

58. Section 5: Section 27.2,TableA Revisions
Table A
APZ A TPZ RL RR SR R1 R2 R3 C1 C2 C3 CR CH M1 M2 MP PDR PDC W U
(z) Adult Use Cultivation
● ● ● ● ● ● ● ● ● ●
(z) Qualifying Patient
Cultivation ● ● ● ● ● ● ● ● ● ●
(z) Primary Caregiver
Cultivation ● ● ● ● ● ● ● ● ● ●

59. Section 6: Section 27.11,Table B Revisions
Table B
APZ A TPZ RL RR SR R1 R2 R3 C1 C2 C3 CR CH M1 M2 MP PDR PDC W U
(at) All versions of Type 1, 2,
and 4 licenses ○ ○ ○ ○ ○ ○
(at) All versions of Type 3
licenses ● ● ● ● ● ●

60. Section 7:The Planning Commission shall prepare a report to the Board of Supervisors
evaluating the effectiveness of this ordinance and make recommendations to improve
the effectiveness within two (2) years of the effective date of the ordinance.
Section 8: Chapter 21, Article 41.18 is hereby repealed.
Section 9: All ordinances or resolutions in conflict herewith are hereby repealed to the
extent of such conflict and no further.
Section 10: Pursuant to Section 26055(h) of the Business and Professions Code, this
ordinance is exempt from CEQA requirements.
Section 11: Effective Date

61. Do not make any investment decision based on
the content of this PowerPoint Presentation.This
represents a draft conceptual approach that has
not been approved by the Board of Supervisors. It
is intended to be used for planning and discussion
purposes only.