LAKEPORT >> Since the Planning Commission’s June 12 meeting, the Board of Supervisors have been considering recommendations for the cannabis industry in the county and weighing a number of options to move forward on an updated ordinance.
Community Development Department Director Mireya Turner informed the Board of Supervisors Tuesday that the county currently have 65 pending applications for commercial cannabis projects yet only 30 of them are considered complete. “I point that out because of our CEQA streamline act; after a project is deemed complete, we then have 180 days to conduct all of our analysis and get it before the Planning Commission,” she said .”We welcome any direction from the board regarding the cannabis policy regulation update.” Frequently at issue over the two years the Cannabis Task Force had met, were members who spoke in favor of code enforcement, mending complaint systems, implementing drought management and improving the application process.
Turner, recalled the issue of implementing hydrology studies during droughts regarding use application impacts, which would address these three questions; How much water do you think you are going to use? … How much water do you think is already there? … and What is it going to do to impact your land and your neighbors land? The drought emergency was eventually rescinded. But there was an article in the zoning codes that allowed the CDD to require any studies it deemed necessary to process use permit applications.
Yet for the new guidelines, Turner talked about how they can improve criteria for hydrology studies, which the public and the department can easily digest. Also make efforts to move forward to standardize units of measurement and not always rely on conversions of acre/feet to per gallon. “So, the goal will be for the professionals who are qualified to do the reports to include engineers, who are able to understand, what the CDD is looking for; and in that way everybody, including the public can digest the data,” noted Turner. District 1Supervisor Helen Owen, reminded the board of a recent complaint from one of her constituents, who ran out of water because allegedly a neighbor who had tapped out all the groundwater. Owen then asked what would the next step be, to revoke that person’s permit?
But Turner answered in the negative, “We consider a complaint as a first step,” she said. She’d look at water usage declared for that permit, and if the applicant is within the parameters of declared usage. “It could be that the straw in the ground, could be an illegal cultivation upstream- or, almost anything. It’s a complex issue,” Turner said. “Right,” agreed Owen.
District 2 Supervisor Bruno Sabatier cautioned there are some applicants who import water trucks for irrigation, but that is illegal under the current ordinance and can only be used under specific emergencies. “A drought is not an emergency,” he said. “An emergency is, a broken pipe, a drought is over a long extended period. You should not use that as a reason to bring in water trucks. It is illegal at this point in time, and I think it should continue to be.”
He also cautioned hemp farmers not to grow on the same premises as cannabis. Mary Calybon, principal planner with CDD, then offered to clarify. “Premises means a separate area, not a separate property,” she said. “Hemp has to be identified with signage and that’s the thing that separates hemp from cannabis at the state level. What CDD is doing, is bringing forward essential recommendations for setbacks if the county were going to align with the state.” The setbacks in zoning development are the minimum distances that buildings must be placed from property lines, roads or waterways. These regulations are enforced by local zoning laws and ensure proper spacing between properties for safety and accessibility.
Anders Cramer then read a letter on behalf of Nara Dahlbecha, former Cannabis Task Force member. She noted cannabis tax revenue has increased by more than $250,000 year over year. “This forthcoming land use ordinance will have far reaching consequences not only for cannabis but for the broader economy,” she said. Yet she cautioned, “Local taxes, fees, and restrictions will lead to increased costs for licensed businesses and result in an effective tax rate of more than 30%. Yet working to lower local taxes and fees for licensed cannabis businesses would support a burgeoning market.”
Some proposals discussed at the June 12 Planning Commission represent a fundamental shift away from the goals originally outlined by the board when the review process began, she pointed out. “These goals include: expansion of the Farmland Protection Zone and new setback requirements for homeschools.” she said. “Both of these would eliminate an otherwise eligible property and increase the cost of doing business in Lake County.”
She then asked the board to reaffirm its original directive, to reduce barriers to entry and eliminate redundant requirements. “This is the path that will help attract and retain investment, support local jobs,” Dahlbecha said. Regarding setbacks, she said she supports upholding the current setback standards, which have proven workable for both businesses and regulators. In regards to home schools she said, “We strongly oppose the addition of home school facilities as requiring setbacks,” she said. “There is no registry or oversight mechanism for home schools, making this standard nearly impossible to assess or enforce. It would place undue burden on the Community Development Department and create opportunities for abuse by otherwise compliant projects.”
She also spoke against the proposed $50,000 bond requirement. “As written, this provision would place an unnecessary burden on small and mid-sized farmers without any demonstrated benefit to the county.”
