Personal Cannabis Cultivation Ordinances. Napa County Board of Supervisors 6/19/18

Transcription

1 Personal Cannabis Cultivation Ordinances Napa County Board of Supervisors 6/19/18

2 Today s Item Adoption of two ordinances: Adoption of draft ordinance amending Ch allowing outdoor cultivation of cannabis for personal use; and Adoption of an extension of moratorium prohibiting outdoor cultivation until Ch amendments can take effect.

3 Current County Ordinances Napa County Code Chapter 8.10 adopted prior Proposition 64 Regulations for indoor cultivation applicable to personal use Ordinance 1425 and 1426 Temporary moratoriums on outdoor cultivation and commercial activities

4 Board and Planning Commission Goals Public Safety and Environmental Protection Access for medical patients Consistency with neighboring jurisdictions Avoidance of over-regulation that would push outdoor cultivation indoors Enforceability through nuisance/complaints similar to code enforcement matters

5 Draft Ordinance Amends Ch relating to personal cultivation to: Update existing provisions for consistency with new state law; and Add new provision allowing and regulating outdoor cannabis cultivation for personal use.

6 Planning Commission Planning Commission recommended prior draft ordinance for adoption with suggested amendments Majority of amendments incorporated into new draft Circulated among internal County stakeholders

7 Updates to Existing Regulations Updated language to match state law Changed limitation on plants from canopy measurement to number of plants Redefined residency restrictions for consistency with state law Reorganized regulations into three components: General regulations for all cultivation Additional outdoor cultivation regulations Additional indoor cultivation regulations

8 General Regulations Can only cultivate personal cannabis on parcels with a private residence 6 plants total per residence, not person Cultivator must reside at residence Cannot use: Volatile chemicals Generators Pesticides/fertilizers inconsistent with label or laws Renters cannot cultivate if forbidden by landlord Must obey other code sections

9 Indoor Regulations Must be within a fully enclosed and secure structure Structure must have 10-foot setback from property line Must ensure odor control

10 Outdoor Regulations General outdoor regulations Most areas can grow 6 plants outdoors Locking fence or similar physical barrier Not in front yard and no visibility from public right-of-way 10-foot setback from property line No grow lights Greenhouse/hoophouse is outdoor If within 300 feet of school or park, can only grow up to 2 plants outdoors Still can have 6 total including indoor

11 Outdoor Regulations (con t) 300-foot limitation measured from property line to property line Park definition: Includes: city, county, and regional parks Excludes: state and federal parks School definition: Includes: Pre-K through 12 th grade public and private schools Excludes: Napa Valley College, vocational schools, private businesses, libraries

12 Goals of Outdoor Regulations No prohibition Limited near children to: Reduce exposure Reduce detectability Reduce collateral harms Enforceability Notice to residents

13 Outdoor Cultivation Comparison Number of Plants Allowed Outdoors City of Napa 6 City of Calistoga City of Santa Rosa 2 generally; none if within 300 ft of specific uses 2 generally; none if adjacent to school Sonoma County 6 Solano County 6 Napa County 6 generally; 2 if within 300 ft of school or park

14 City of Napa Experience City of Napa s ordinance allows 6 plants outdoors in all areas Cannot become public nuisance City has received approximately 4 complaints specifically regarding outdoor cannabis grows Most about odor None resulted in further code enforcement action Napa Police Dept. may have received additional complaints Also no further action

15 Outdoor Cultivation Limitation Parcels affected out of 10,079 total residential parcels 421 in school setback (4.2%) 657 in park setback (6.5%) 1,043 total (10.3%) 89.7% of County residential parcels can grow all 6 plants outdoors Numbers are estimates only

16 Bell Canyon Reservoir Area Bell Canyon Reservoir

17 Foothills Elementary Area Park Areas along Deer Park Road Foothills Elementary

18 Angwin Area Howell Mountain Elementary

19 Pope Valley Area Pope Valley Elementary

20 County Island South of Redwood Rd. Redwood Middle School Kolbe Academy Trinity Prep City of Napa Pueblo Vista Elementary

21 Next Steps Ch amendment: If adopted, ordinance would have second reading on July 12 Would go into effect August 9 Moratorium extension: If adopted, would go into effect immediately Would be repealed upon effective date of Ch amendment

22 Questions?