Planning Commission — Thursday, May 25, 2017

..Title ..Body MEMORANDUM TO: Planning Commission - Item #1 FROM: Robert Massarelli, AICP DATE: March 28, 2017 SUBJECT: Resolution of Intent of Amending Article 72 of the Zoning Ordinance - TECHNICAL CLARIFICATION ATTACHMENT: 1. Resolution No. 17-01 EXECUTIVE SUMMARY: At the March 21, 2017 workshop, the Board of Supervisors provided direction regarding the regulation of cannabis in the county. Part of that direction was to expand Article 72 to include "RL" Rural Lands zoning district in addition to "A" Agriculture zoning district as to where the outdoor cultivation of medical cannabis would be allowed. Article 72 does not include a permitting system and therefore there is no means for the County to know what cultivation sites are in compliance. The Board directed the staff to amend Article 72 to include a self-certification of compliance program. The self- certification would be verified by a compliance monitoring inspection. The intent of the Board of Supervisors is to allow those who are in compliance with Article 72 to be given priority in the implementation of a pilot program for the new cannabis ordinance that is under development. Those in compliance with Article 72 with a tier 3 permit from the state water board would be given first priority, those with a tier 2 permit would be given second priority, and those with a tier 1 permit would be given the next priority. In order to amend the zoning ordinance a resolution of intent must be adopted by the Board of Supervisors or the Planning Commission. Attached is the proposed resolution of intent. RECOMMENDED ACTION: Staff recommends approval of the resolution of intent. Sample Motion: Resolution Approval I offer the Resolution

..Title ..Body MEMORANDUM TO: Planning Commission - Item #2 FROM: Robert Massarelli, AICP Prepared by: Mireya G. Turner, Associate Planner DATE: May 10, 2017 SUBJECT: Proposed Amendments to Article 72 ATTACHMENTS: 1. Proposed Ordinance 2. Public Comments EXECUTIVE SUMMARY: I. BACKGROUND AND DISCUSSION On May 11, 2017, the Planning Commission adopted a Resolution of Intent to Amend Article 72 of the Chapter 21 of the Lake County Code, regarding cannabis cultivation. The proposed amendments are a result of direction given to staff by the Board of Supervisors at their meeting on March 21, 2017. During the March 21, 2017 Board of Supervisors meeting, the Board directed staff to create a self-certification process for residents currently cultivating medical cannabis in conformance the Article 72. They requested the inclusion of the Rural Lands base zoning designation, which would enable additional parcels to be certified in conformance with the article. Article 72 allows for no more than forty-eight (48) mature cannabis plants on parcels over twenty (20) acres in size, with established property and water body setbacks. The Rural Lands zoning designation allows for agricultural activity to be a primary or secondary use of a parcel. The proposed amendments include the following: * Amend certain definitions to reflect the voter-approved commercial cannabis tax * Allow medical collective cultivation in the "RL" Rural Lands zoning district * Create a Certification of Compliance process for cannabis cultivation II. ENVIRONMENTAL ANALYSIS Staff asserts it is reasonable for the County to assume that the addition of the "RL" base zoning designation will not have a significant effect on the environment. Adoption and Implementation of the proposed ordinance has been determined to be exempt from the California Environmental Quality Act as it meets the criteria established in Section 15061 (b) (3). This section advises that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, staff requests the Planning Commission find that the proposed text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to �15061(b)(3). III. RECOMMENDATION Staff recommends the Planning Commission take the following actions: A. Find that the proposed text amendment to the Zoning Ordinance is exempt from the California Environmental Quality Act pursuant to �15061(b)(3) of the CEQA Guidelines with the following findings: 1. The project is consistent with the Lake County General Plan and Zoning Ordinance. 2. This project will not have a significant effect on the environment. 3. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. B. Recommend the Board of Supervisors approve the proposed Zoning Ordinance text amendments for the following reasons: 1. The proposed amendments are consistent with the Lake County General Plan and Zoning Ordinance. 2. This proposal is necessary to protect the health, safety and welfare of the County. 3. The project will not result in any significant adverse environmental impacts, and the project is exempt from CEQA. Reviewed by: ________ ..Recommended Action RECOMMENDED ACTION: Sample Motions: Zoning Ordinance Text Amendment Approval 1. I move that the Planning Commission find this zoning ordinance text amendment (AM 17-01) is exempt from CEQA Guidelines pursuant to �15061(b)(3). 2. I move that the Planning Commission recommend approval of the proposed Zoning Ordinance text amendment (AM 17-01) applied for by the County of Lake for the reasons listed in the staff report dated May 10, 2017.