On November 14, 2017, the Board of Supervisors adopted Ordinance 2017-07, which, in summary prohibits the following conduct, whether for medical or non-medical purposes: (1) commercial cannabis activity as defined; (2) delivery of cannabis to customers, and; (3) temporary events involving onsite sale or consumption of cannabis. The ordinance does not prohibit transfer of medicinal cannabis or medicinal cannabis products by primary caregivers to their qualified patients subject to certain requirements. The ordinance is set to take effect on December 14, 2017.
After adoption by the Board, the County was notified of an intent to circulate a referendum petition on Ordinance 2017-07, pursuant to Elections Code section 9144. If the referendum petition is presented to the Board of Supervisors prior to the effective date of the ordinance, with the required number of valid signatures, Ordinance 2017-07 shall be suspended (pursuant to the same section of the Elections Code), and the Supervisors shall either: (1) repeal the ordinance in its entirety or; (2) submit the ordinance to the voters.
The State of California will begin issuing licenses for commercial cannabis activity by January 1, 2018; however, the State shall not issue a license that violates the provisions of any local ordinance.
If Ordinance 2017-07 is suspended as of January 1, 2018, as part of the referendum process, the State may begin issuing licenses for commercial cannabis activity, the delivery of cannabis, and/or temporary events involving the onsite sale or consumption of cannabis in the unincorporated area of the County since there would be no local ordinance in place prohibiting such activities.
The suspension of Ordinance 2017-07, combined with the issuance of State licenses, creates a lack of local control, and may lead to the establishment of various commercial cannabis activities in the unincorporated area of the County, and the inability to regulate those activities locally in a manner that will protect the public health, safety, and welfare, of residents, children, and businesses from harmful secondary effects of those activities.
In order to allow time for the referendum process to conclude, including the possible consideration of Ordinance 2017-07, by the electorate, and maintain the effective implementation of the County’s land use objectives and policies, it is necessary to maintain the restrictions of Ordinance 2017-07, pending the outcome of the referendum process.
Because the Board may be presented with a valid referendum petition prior to the effective date of Ordinance 2017-07, thereby suspending the County’s local regulations on commercial cannabis activity, and because the State may begin issuing licenses for various commercial cannabis activities by January 1, 2018, there is no feasible alternative to enactment of a moratorium ordinance that will mitigate or avoid the adverse impacts to the public health safety and welfare with a less burdensome or restrictive effect.
As proposed, the urgency moratorium ordinance would only be operative if Ordinance 2017-07 is suspended pursuant to Elections Code section 9144.
The proposed ordinance is not subject to the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(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 following categorical exemptions apply: sections 15308 (actions taken as authorized by local ordinance to assure protection of the environment), 15321 (action by agency for enforcement of a law, general rule, standard or objective administered or adopted by the agency, including, but not limited to, by direct referral to the County Counsel as appropriate for judicial enforcement), and 15303 (new construction or conversion of small structures, e.g., a residential accessory building). There are no unusual circumstances under CEQA Guildline15300.2(c). Each exemption stands as a separate and independent basis for determining that this ordinance is not subject to CEQA.
The proposed ordinance is consistent with the County General Plan on the basis that the ordinance discourages excess grading and safeguards against disturbance and development on unstable slopes (General Plan Sections 5.1, 6.1), protects against degradation and misappropriation of water resources (General Plan Sections 5.1, 6.6), reduces exposure of the general public to hazardous materials (General Plan Section 5.6), protects agricultural, timber, recreation and other resource lands for their intended lawful purposes including habitat and production of food and fiber, guards against encroachment of large scale or illegal outdoor cultivation onto these lands (General Plan Sections 6.1 through 6.10), and is in furtherance of the public necessity, health, safety, convenience, and general welfare.
If adopted, the ordinance will be in effect for forty-five (45) days from the date of its adoption. It will have no further force and effect unless, after notice and a public hearing, the Board of Supervisors extends the ordinance for an additional 22 months and 15 days, pursuant to Government Code section 65858.