Cannabis Policy Development

Current Regulations

 

Ordinance No. 3073 Amending Chapter 21, Article 27 of the Lake County Code Pertaining to Cannabis Cultivation was adopted by the Board of Supervisors on March 20, 2018. It will go into effect on April 19, 2018. Below are links to the ordinance, the complete Commercial Cannabis Cultivation Application Packet and the application form for the Pre-application Conference, Use Permit for Commercial Cultivation, Early Activation of Use Permit, and our current fee schedule.  

Permit applicants must be enrolled with the applicable Regional Water Quality Control Board or State Water Resources Control Board for water quality protection programs, unless exempt, no later than April 19, 2018.

Ordinance 3073
RES 2018-59 re Water District Sphere of Influence (adopted 5/1/18)
Commercial Cannabis Cultivation Application Package
Pre-application Conference Application
Use Permit for Commercial Cultivation Application
Early Activation of Use Permit Application

Current Fee Schedule (Fees subject to change by BOS resolution)
Fingerprinting Information (conducted by Sheriff's Department - BY APPOINTMENT ONLY - Note: $17 fee increase as of 5/21/2018)


Planning Commission and Board of Supervisors meetings, including the Cannabis Public Workshops, can be watched online here https://countyoflake.legistar.com/Calendar.aspx


Cannabis Cultivation Policy Development

Updates are posted below in chronological order. There will be public workshops held in the Board of Supervisors Chambers at the County of Lake Courthouse at 255 North Forbes Street in Lakeport on a monthly basis to facilitate cannabis policy development.  Please check the Board of Supervisors' Agendas for more information. All members of the public and other stakeholders are encouraged to attend.

5/1/18: The Board of Supervisors adopted Resolution No. 2018-59 providing clarification on setbacks specific to water district boundaries for commercial cannabis cultivation.

4/16/18: On Tuesday, April 17, 2018, at 9:30 a.m., the Board of Supervisors will hold a public hearing to consider the creation of a Cannabis Program Services Fee. This fee is in addition to the Community Development use permit fees and is designed to cover an additional Accountant position, Deputy Sheriff position, services and supplies and fixed assets needed to support County cannabis activities. The proposed fee is $5,073 per minor or major use permit and would be payable prior to the issuance of the commercial cultivation use permit. The proposed resolution is viewable at the following link:

https://countyoflake.legistar.com/View.ashx?M=F&ID=6173302&GUID=D73FDF33-0E6D-468C-8DD9-EC3186FE6FFB

4/13/18: The Planning Commission held a public hearing on the draft ordinance regulating manufacturing, distribution and testing on 4/12/18. Wording on the agenda regarding certain proposed modifications to the cultivation ordinance was inadvertently omitted from the agenda. As a result, this portion of the item was not considered by the Planning Commission and will return to them at a future date. The Planning Commission made recommendations to the Board of Supervisors regarding the Type 7 Manufacturing with volatile solvents, the 1-mile corridor of locations for manufacturing and distribution and approved typographic corrections submitted in the Errata. The date for the public hearing of the Board of Supervisors has not been set yet.

4/2/18: The Draft Ordinance regulating manufacturing, distribution and testing is scheduled for a public hearing before the Planning Commission on Thursday, April 12, 2018, at 9:20 a.m. The purpose of the public hearing is to gather the recommendations of the Planning Commission to forward to the Board of Supervisors at a future meeting. There is also a section amending certain portions of the adopted cannabis regulation ordinance.

Below is a link to the Draft Ordinance Amending Chapter 21, Article 27 of the Lake County Code Pertaining to Cannabis Cultivation, Manufacturing, Distribution and Testing

Draft Ordinance 


3/20/18
The ordinance Amending Chapter 21, Article 27 of the Lake County Code Pertaining to Cannabis Cultivation has been adopted. It will go into effect on April 19, 2018. Staff is working on finalizing applications and procedures for the Pre-Application meetings and Permit Applications. They will be posted to this webpage as soon as they become available.

The Board also adopted a resolution expressing the intent of the BOS in its adoption of Urgency Ordinance 3071 and subsequent adoption of its comprehensive cannabis cultivation ordinance. Amendments were made to the resolution prior to adoption. The final version of the resolution will be posted here as soon as it becomes available.

Cannabis Cultivation Ordinance (ORD No. 3073. adopted 3/20/18)
Draft Resolution (adopted with amendments 3/20/18)


3/13/18 The Board of Supervisors removed the Minor Use Permit requirement for the Early Activation of Use Permit during the public hearing of the 3/13/18 meeting. They approved an additional first reading of the ordinance and advanced it one week, to the 3/20/18 Board of Supervisors meeting, for a second reading and adoption of the ordinance.

Draft Cannabis Cultivation Ordinance

Draft Cannabis Cultivation Ordinance (with tracked changes)

3/12/18 The second reading of the draft Cannabis Cultivation Ordinance is scheduled to go before the Board of Supervisors on 3/13/2018, at 10:00 a.m. Below is the draft ordinance, with revisions as directed at the March 6, 2018 BOS meeting. 

Draft Cannabis Cultivation Ordinance (20180313)


02/26/18 A public hearing is scheduled on Tuesday March 6th, 2018 at 10am for the Board of Supervisors to consider adoption of the proposed amendments to Chapter 21, Article 27 of the Lake County Code to regulate the cultivation of cannabis. The hearing will be held in the Board of Supervisors’ Chambers located at 255 N. Forbes Street, Lakeport. Below are links to the updated cannabis cultivation ordinance; one version showing strikethroughs for recent edits, the other version without.

Draft Cannabis Cultivation Ordinance (strikethroughs)
Draft Cannabis Cultivation Ordinance (clean)


02/14/18
    The Board of Supervisors will hold its second Cannabis Workshop tomorrow, February 15th at 9 a.m. in the Board of Supervisors Chambers. The agenda is available and the meeting will be viewable at the following link: https://countyoflake.legistar.com/Calendar.aspx.

Below are the staff memorandum and draft cultivation ordinance:
Staff Memorandum
Draft Cultivation Ordinance (updated 2/2/18)



01/30/18:   The Article 72 Draft Replacement Ordinance will now be replaced by separate cultivation, manufacturing, retail and distribution Ordinances within Article 27.

A public hearing is scheduled on Thursday February 8th, 2018 at 9am for the Planning Commission to make recommendations to the Board of Supervisors for consideration of proposed amendments to Chapter 21, Article 27 of the Lake County Code to regulate the cultivation of cannabis. The hearing will be held in the Board of Supervisors’ Chambers located at 255 N. Forbes Street, Lakeport.

Public comments should be addressed to the Planning Commission and directly related to the language within the draft ordinance. Please include the page number and line of which the comment is pertaining to. Comments  can be submitted via email to michelle.irace@lakecountyca.gov until 5pm on Wednesday February 7th, at the Community Development counter during business hours (8am-3:30pm)  through Wednesday February 7th,  or in person at the hearing.

Draft Cannabis Cultivation Ordinance - Reformatted (posted 2/5/18)
Memorandum regarding reformatting (posted 2/5/18)

Draft Cannabis Cultivation Ordinance (Zoning Text Amendment AM 18-01)

01/30/2018: Tuesday, January 23, 2018 the Board of Supervisors extended the Urgency Ordinance for 10 months and 15 days.
Urgency Ordinance Extension (Ordinance 3071)

01/19/2018:
On Tuesday, January 23, 2018 the Board of Supervisors will consider extending the Urgency Ordinance (Ordinance 3070) at the Board of Supervisors meeting. The item is scheduled for 10am.

01/12/18 Update:
There will be a public workshop held in the Board of Supervisors Chambers at the County of Lake Courthouse at 255 North Forbes Street in Lakeport every third Thursday of the month at 9am to discuss commercial cannabis cultivation. The first workshop will be held on Thursday January 18th. All members of the public and other stakeholders are encouraged to attend.

12/22/17 Update:
On Tuesday, December 19, 2017 the Board of Supervisors adopted Ordinance Number 3070 “Urgency Ordinance Allowing Temporary and Limited Registration of Certain Commercial Cultivation Under Specified Conditions During a Moratorium”. The Urgency Ordinance places a moratorium on all commercial cannabis cultivation for 45 days while the County continues to consider impacts of recent State regulations and develops permanent local commercial cultivation regulations (DRAFT Article 72 Replacement can be found below).

However, the Urgency Ordinance does allow individuals who have submitted a Self-Certification Application that has been deemed complete by the County for existing medicinal collectives under Article 72 of Lake County’s Zoning Ordinance (Article 72, revised October 2017), and have submitted a signed affidavit of compliance with state and local laws, to receive a Letter of Authorization from the County stating that their existing medicinal collective is in compliance with local regulations (Article 72) to provide to the State in pursuing permits.

The Letter of Authorization is not a permit or approval of commercial cultivation and the Urgency Ordinance does not create, directly or indirectly, or imply any right to claim any vested right for cultivators. All cultivators will be required to apply for County permits, in compliance with the future permanent commercial cultivation regulations when they are adopted.

The Urgency Ordinance may be extended by the Board of Supervisors at the end of the 45 days (February 1, 2018).

Urgency Ordinance Allowing Temporary and Limited Registration of Certain Commercial Cannabis Cultivation Under Specified Conditions (Adopted 12/19/17)

12/14/17 Update:
On December 12, 2017, the Board of Supervisors adopted Resolution No. 2017-157, a Resolution of Intent to Amend Article 72. Please see the Resolution for additional information. The BOS also directed County Counsel to draft an emergency ordinance to allow for the issuance of commercial cannabis cultivation permits in 2018. The Board requested this item be brought before them at the next meeting, on December 19, 2017. It is a timed item, scheduled at 9:45 a.m.

Draft Urgency Ordinance (Item 8.7 - 12/19/2017 BOS Meeting)
Resolution of Intent (adopted 12/12/2017)

Article 72 Revision Ordinance

 
Article 72 - Regulations for the Cultivation of Medical Marijuana (Revised by Ord. No. 3068, 10/27/17)

This ordinance was revised and adopted by the Board of Supervisors on 10/24/17 and will go into effect on 11/16/17. The Self-Certification application forms for existing medicinal collectives are also available below. Because Article 72 specifies that the Self Certification process be completed by March 31, 2018, the deadline to submit applications is Friday March 30 by 3:30pm, however, the Community Development Department urges applicants to apply by March 15th.

Application- Self-certification for Collective
Application FAQs (Updated 11/19/2017)
Article 72 as revised 10/24/17)
Final Ordinance (Adopted 10/24/17)

Draft Ordinance (for 10/17/2017 BOS Meeting)
Article 72 Amended Draft (10/3/2017)
Article 72 Amended Draft (9/26/2017)
Article 72 Amended Draft with strikethroughs




Draft Article 72 Replacement Ordinance (not adopted)

02/06/18: The Draft Replacement Ordinance will now be replaced by separate cultivation, manufacturing, retail and distribution Ordinances. See updates under Cannabis Policy Development above.

11/22/17 Update: On December 12, 2017, the Board of Supervisors will discuss the cannabis policy development and the timeline for future hearings and workshops. The time for the agenda item has not been confirmed yet. Revisions to the Draft  Replacement Cannabis Ordinance can be found below.

Staff Memorandum
Draft Replacement Cannabis Ordinance, Revised October 2017

8/8/17 Update: The County of Lake is seeking public input on the Draft Replacement Cannabis Ordinance to allow commercial cultivation
Memo to Interested Parties
Draft Replacement Cannabis Ordinance Aug 2017
Draft Replacement Cannabis Ordinance Summary Aug 2017
Draft Exclusionary Map
Pilot Program Selection Process

Community Growth Boundary Maps