county of santa cruzsccounty01.co.santa-cruz.ca.us/bds/govstream/...greg caput fourth district bruce...

County of Santa CruzBOARD OF SUPERVISORS

701 OCEAN STREET, SUITE 500, SANTA CRUZ, CA 95060-4069 ¡J 6.2l

(831) 454.2200 . FAX: (831) 454-3262 TOO: (831) 454-2123

JOHN LEOPOLDFIRST DISTRICT

ZACH FRIENDSECOND DISTRICT

NEAL COONERTYTHIRD DISTRICT

GREG CAPUTFOURTH DISTRICT

BRUCE MCPHERSONFIFTH DISTRICT

AGENDA: 11/19/13

November 13, 2013

BOARD OF SUPERVISORSCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

RE: MEDICAL MARIJUANA CULTIVATION ORDINANCE

Dear Members of the Board:

Over the last few months our Board has considered multiple approaches to dispensingand cultivating medical marijuana. The Board bifurcated regulatory approaches towarddispensing and cultivation and recently a majority coalesced around rules governingdispensaries.

As you are aware, these dispensary regulations do not address the significantenvironmental and neighborhood-based impacts associated with cultivation. In fact,after delaying a decision on cultivation the Board placed back into effect the same rulesthat have created a lack of enforcement clarity and unmitigated grows throughout thecounty. As a result, I believe the Board should consider adopting cultivation rules thatprotect our neighborhoods and environment by creating specific per parcel grow limits,providing setbacks from schools and parks, and preventing advertising of space forcultivation. These proposed regulations are a hybrid of regulations that have alreadybeen considered by the Board; many were already adopted in concept before the Boardelected to bifurcate the process.

I am aware that strong cultivation regulations have been met with objection by the localmedical marijuana dispensary industry and I believe that my proposed regulations willbe met with the same objection. I am also expecting that Board members will belobbied by the industry to weaken, reduce, or eliminate the proposed regulations.However, I believe that it is the Board's primary responsibility to ensure neighborhoodand environmental protections and also believe that safe, viable access can be met withthe guidelines I am proposing.

At this point I believe it would be hard to argue that supply is limited within our countyand as such I believe the key issue we need to address is the impacts in ourneighborhoods and rural areas. If these proposed rules are adopted, it is also prudent

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BOARD OF SUPERVISORSNovember 13,2013

C62l-

that the Board evaluate these regulations after a period of time (one year) to ensure thatCode Compliance has the adequate tools needed to enforce these regulations, thatneighborhood and environmental protections are ensured, and that safe medicinalaccess needs are being met.

Accordingly, i recommend that the Board direct County Counsel to return on December10, 2013, with a proposed set of cultivation regulations based on the framework outlinedbelow to ensure neighborhood and environmental protection. This framework wouldprovide that the cultivation of marijuana is not a permitted use in the county butauthorize a limited immunity as long as the cultivation activity does not violate any of thefollowing restrictions or requirements:

. Limit cultivation to no more than twenty-five (25) marijuana plants per parcel

. Prohibit cultivation within six hundred (600) feet of any school

. Prohibit cultivation within six hundred (600) feet of any park

. Limit indoor cultivation to no more than one hundred (100) contiguous square

feet within a structure that can be secured. Establish buffers between outdoor cultivation sites and occupied residences

. Establish buffers between outdoor cultivation sites and adjoining properties

. Prohibit cultivation where the marijuana plants are visible from the public right of

way. Require compliance with the County's environmental and resource protection

regulations. Require that the outdoor cultivation of marijuana be fully enclosed by an opaque,

adequately secured fence at least six (6) feet in height. Prohibit advertising space available for cultivation

. Prohibit rental of residential space for cultivation

. Cultivation within a residential zone district shall be limited to a non-habitable

structure; outdoor cultivation in a residential zone district is prohibited. The cultivation must be connected to a qualified patient, primary caregiver, or

dispensary and that name must be made available to an enforcing officer uponrequest

. Establish a process for expedited enforcement

ZF:ted

cc: County Counsel Planning Department

1957J2

85

County of Santa CruzBOARD OF SUPERVISORS

701 OCEAN STREET, SUITE 500, SANTA CRUZ, CA 95060.4069

(831) 454.2200 . FAX: (831) 454.3262 TOO: (831) 454.2123

JOHN LEOPOLDFIRST DISTRICT

ZACH FRIENDSECOND DISTRICT

GREG CAPUTFOURTH DISTRICT

BRUCE MCPHERSONFIFTH DISTRICT

NEAL COONERTYTHIRD DISTRICT

AGENDA: 11/19/13

November 18, 2013

BOARD OF SUPERVISORSCounty of Santa Cruz701 Ocean StreetSanta Cruz, CA 95060

RE: MEDICAL MARIJUANA CULTIVATION ORDINANCE


Previous discussions at the Board have identified our interest in establishing a set ofrules for the cultivation of medical marijuana. Any new rules should include three policygoals: ensuring protection of the environment, protecting the integrity of our residentialneighborhoods, and ensuring that there is an adequate, accessible supply of medicalmarijuana for patients with physician recommendations.

In order to successfully accomplish these goals, I have worked with representativesfrom the Santa Cruz County Farm Bureau, the Association for Standardized Cannabis,our Agricultural Commissioner, and others to identify strategies to regulate cultivation. Ishare concerns expressed in Supervisor Friend's letter on this matter. This letterprovides some additional ideas for Board consideration as we determine how best toaddress regulating cultivation.

Existing regulations found in the Santa Cruz County Code can provide useful tools forthe creation of regulations addressing the cultivation of medical marijuana. The CountyCode currently includes regulations to deal with specialty crops, including limitations onwhere they can be planted and what restrictions apply. Under our current system,restrictions specifically apply in residential neighborhoods.

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BOARD OF SUPERVISORSNovember 18, 2013Page 2

There are a number of key areas to consider when treating medical marijuana in thesame category as our regulations for commercial agriculture. Historically, our code andits interpretations have made a distinction between "family gardening" and "small-scalecommercial agriculture." This is important because anyone is allowed to grow tomatoesin their backyard, but once it rises to the level of commercial sales, there are restrictionsbased on zoning districts.

Applicable Zones

Our Board has consistently worked to limit the nature of commercial activity in ourresidential neighborhoods. We have sought to preserve neighborhood integrity andhave allowed certain areas, which are well regulated, where some commercial activitycan occur. These have included home businesses and vacation rentals.

What we have seen over the last several years is a marked increase in the number ofresidential lots where commercial activity has expanded and consequently diminishedthe quality of life in our neighborhoods.

If we consider the cultivation of medical marijuana as a specialty crop, then we havesome experience from which to benefit. We have an existing use chart (County CodeSection 13.10.322, see excerpt attached) which designates the zones where specialtycommercial crops may be grown. In addition, we have a policy interpretation from 2008in which the Planning Director addressed the question of "What are the criteria for'small-scale commercial agriculture' in Residential Agricultural and Special UseDistricts?" (See attachment) The Planning Director found that "In RA districts and SUdistricts with a Residential General Plan designation, small-scale commercialagriculture, including the raising of commercial crops, is allowed if it is compatible withresidential uses, complies with all applicable regulations, and does not create anuisance for neighboring properties." The Director goes on to state, "The County Codedoes not limit commercial small-scale agriculture to specific specialty crops, or regulatethe amount of acreage that may be devoted to commercial agriculture. However, small-scale commercial agriculture on RA and SU zoned properties must be compatible withthe primary residential use of the property, adequately protect natural resources, andnot create a nuisance to neighboring properties (Sections 13.10.321 (a) and (b))."

This policy interpretation, which states current policy, includes a list of the factors thatcommercial agricultural uses need to consider in order to protect neighboring properties.They include:

· Noise

· Odors

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BOARD OF SUPERVISORSNovember 18,2013Page 3

· Dust

· Unsightliness

· Hazards such as noxious fumes, including pesticide fumes. (Application ofspecific pesticides is regulated by the Agricultural Commissioner).

Buffers

Restrictions detailing agricultural buffers are also found within our County Code. InSection 16.50.095, agricultural buffer setbacks are defined as needed "to prevent orminimize potential conflicts between either existing or future commercial agricultural andhabitable land uses (Le., residential, recreational, institutional, commercial or industrial).This buffer is designed to provide a physical barrier to noise, dust, odor, and othereffects which may be a result of normal commercial agricultural operations such as:plowing, discing, harvesting, spraying or the application of agricultural chemicals andanimal rearing."

In this section of the code, a 200 foot buffer is required for commercially zonedagricultural areas. Circumstances are detailed where there can be less than 200 feet,but the general goal is to separate the agricultural activity from the residential or"intensive human use." Although we have an existing commission that advises theBoard on issues where the setback is going to be less than 200 feet, I am notsuggesting that we use that commission to advise on these matters. This section does,however, provide the circumstances where the buffer could be reduced if there arecertain topographical features, substantial vegetation, and where the buffer interfereswith the development of a cohesive neighborhood.

The Planning Department also has a "Recommended Agriculture Buffer Planting List"(see attached) that could be amended to include plants that are appropriate in size andshape and provide different aromatic scents to shield this specialty crop. Inconversations with representatives of the Farm Bureau, they have suggested a number.of plants, including those from the leonotis and aloysia triphylla species.

Limitations on Size

The Board of Supervisors adopted a Medical Marijuana Policy in 2004 that has beeneffective for many years. It states, "A qualified patient or a person holding a valididentification card, or the designated primary caregiver of that qualified patient orperson, may cultivate cannabis in an amount not to exceed more than 100 square feetof total garden canopy, as measured by the combined vegetative growth area." This

j6


policy was developed after consultation with local physicians and the County PublicHealth Officer to determine the amount of space necessary for personal cultivation/use.

In making a distinction between personal use/family garden and small-scale commercialagriculture, this limitation would be useful in distinguishing the two. Qualified individualscould continue to grow their own personal garden of plants, but if there is a need togrow a larger plot, that would be prohibited within the urban residential neighborhoods.This would mean that regardless of the number of patients or caregivers in a household,there would be a limit of 100 square feet on any lot on which cannabis could becultivated. It would be useful to add a restriction that this plot not be visible from thepublic right of way.

If there is agreement that urban residential neighborhoods are limited to 100 squarefeet, reasonable limits on cultivation in commercial, residential agriculture, or residentialrural, special use, or commercial agriculture zoned areas should be established. Inorder to balance the needs of protecting our neighborhoods and our environment, weshould establish limitations on the square footage for cultivation in more appropriatelyzoned areas.

In discussions with farmers, they have identified that a cultivator can harvest a differentnumber of times based on whether they are growing indoors or outdoors. Therefore, itseems reasonable that we consider creating different limitations based on the twodifferent practices. I believe that in the RR, RA, SU, TPZ, or commercial agriculturezone or commercial zoned districts, a limitation of 1,000 square feet of flowering canopyfor indoor cultivation of medical marijuana should be permitted. Indoor cultivation wouldneed to follow all applicable building regulations, including electrical and fire safety.

An outdoor grow provides only a limited number of harvests and therefore requires alarger plot of land. These limits should be based on the size of the land and shouldfollow existing environmental regulations and resource protections. They should includea buffer and should not be visible from the public right of way. In the RR, RA, SU, TPZ,or commercial agriculture zones, the limitations should be as follows:

· On a lot of one acre - no more than 1,000 square feet of flowering canopy.

· On a lot greater than one acre but less than five acres - no more than 2,000square feet of flowering canopy.

· On a lot greater than five acres - no more than 3,000 square feet of floweringcanopy.


Environmental Protection

Much of the environmental degradation that we have discussed is already prohibited inour existing regulations and should continue to be vigorously enforced. Cultivation ofcrops, whether as an agricultural commodity or a medicine, should not be exempt fromour effective resource protections that are defined within our County Code.

In our rural areas we have witnessed trees cleared and cultivation areas that have cutinto slopes and drawn water from local streams. As our Board is aware, we haveeffective timber regulations in the County Code in Chapter 16.52, grading regulations inChapter 16.20, and water regulations, including water conservation (Chapter 7.69), theuse of water wells (Chapter 7.70), water systems (Chapter 7.71), and individual watersystems (Chapter 7.73). Whatever specific method we choose, these resourceprotection ordinances should continue to be fully enforced.

In addition, we should strictly enforce buffers adjacent to riparian corridors in order tofully protect them as detailed in County Code Chapter 16.30, the purpose of which is to"eliminate any development activities in the riparian corridor, preserve, protect, andrestore riparian corridors for: protection of wildlife habitat; protection of water quality;protection of aquatic habitat; protection of open space."

Our regulations should ensure that all persons engaging in the cultivation of medicalmarijuana should:

1. Have a legal water source on the premises.

2. Not engage in unlawful or unpermitted surface drawing of water for suchcultivation.

3. Not allow illicit discharges of irrigation or storm water from the premises.

4. Not allow the off-site drift or discharge of chemicals.

5. Not allow the discharge of sediment from the site or the degradation of waterquality of any water body.

Enforcement

Once we have established clear guidelines for the cultivation of medical marijuana, itwill be critical to enforce our existing regulations on grading, pesticide use, and otherresource protection measures. The environmental damage associated with the

S~)


cultivation of cannabis violates provisions in the County Code as well as regulations ofother regional and State agencies. Therefore, a collaboration of multi-jurisdictionalagencies is necessary to enforce against all violations. To achieve effectiveenforcement, the County Planning Department wil need to coordinate with the RegionalWater Quality Control Board, California Department of Forestry and Fire Protection, theAgricultural Commissioner, the Monterey Bay Unified Air Pollution Control District, andEnvironmental Health to ensure that regulations adopted by our Board are enforced in aunified manner by all agencies with enforcement authority.

The value of any regulation is in part defined by our ability to enforce our rules. Inprevious discussions before the Board, our Planning Director has identified the need forat least one Code Investigator III and a new vehicle to complement existingenforcement staff and resources. She also identified additional resources necessary tosupport participation by the Sheriff's Office.

Funding

As has been previously identified by the Planning Director, additional enforcement andcoordination will take additional resources. As the County will not be issuing anypermits for this activity, external resources will need to be utilized. Therefore, for theremainder of the current budget year, I believe the Board should direct the CountyAdministrative Officer (CAO) to identify additional funding to allow the PlanningDepartment to enforce any regulations adopted by our Board as soon as thoseregulations are enacted. The CAO should also be directed to return to the Board onFebruary 11,2014, with suggestions for funding sources for the future. In addition,discussions should be held with the Association of Standardized Cannabis in hopes ofjointly sponsoring a measure for the ballot.

In conclusion, I recommend that the Board take the following actions:

1. Direct County Counsel to return on December 10, 2013, with a proposed set ofcultivation regulations to ensure protection of our neighborhoods, protection ofour environment, and a safe supply of medicine for our county's patients. Ourexisting rules and regulations associated with specialty crop agriculture and theadditional limitations included in this letter should be utilized as the basis forthese regulations.

2. Direct the County Administrative Officer to return to the Board on December 10,2013, with information on any funding options to allow the Planning Departmentto enforce any regulations adopted by the Board as soon as those regulations


are enacted, and further direct the CAO to return to the Board on February 11,2014, with suggestions for funding sources for the future.

JL:tedAttachments

cc: Santa Cruz County Farm BureauAssociation of Standardized CannabisCounty CounselCounty Administrative OfficerPlanning DepartmentRegional Water Quality Control BoardCalifornia Department of Forestry and Fire ProtectionMonterey Bay Unified Air Pollution Control DistrictAgricultural CommissionerEnvironmental Health

Sheriff

1986A1

Chapter 13.10 ZONING REGULATIONS Page 1 of3

13.10.322 Residential uses.

(A) Principal Permitted Uses.

(1) In the Coastal Zone, the principal permitted uses in the residential districts shall be asfollows:

RA single-family residential and agricultural (rural);

RR single-family residential (rural);

R-1 single-family residential (urban, rural);

RB single-family residential (oceanfront, urban);

RM multiple-family residential (urban) including appurtenant accessory uses and structures.

(2) Principal permitted uses are all denoted uses requiring a Level IV or lower approval or as

otherwise denoted with the letter P in the footnotes to the residential uses chart in subsection (B)

of this section. In the Coastal Zone, actions to approve other than permitted uses are appealable

to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to

Coastal Zone permits, and in some cases, as provided in Chapter 13.20 SCCC, any

development is appealable.

(B) Allowed Uses.

(1) The uses allowed in the residential districts shall be as provided in the following residentialuses chart. A discretionary approval for an allowed use is known as a "use approval" and is

given as part of a "development permit" for a particular use. The type of permit processing

review, or "approval level," required for each use in each of the residential zone districts is

indicated in the chart. The processing procedures for development permits and for the various

approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The

approval levels given in this chart for structures incorporate the approval levels necessary for

processing a building permit for the structure. Higher approval levels than those listed in this

chart for a particular use may be required if a project requires other concurrent approvals,

according to SCCC 18.10.123.

(2) Timber harvesting and associated operations, requiring approval of a timber harvestingplan by the California Department of Forestry, are not allowed uses in the residential zone

districts.

RESIDENTIAL USES CHART

KEY:

A = Use must be ancillary and incidental to a principal permitted use on the site

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KEY:

P = Principal permitted use (see subsection (A) of this section); no use approval necessary if Pappears alone

= Approval Levell (administrative, no plans required)

2 = Approval Level II (administrative, plans required)

3 = Approval Level ILL (administrative, field visit required)

4 = Approval Level iV (administrative, public notice required)

5 = Approval Level V (public hearing by Zoning Administrator required)

6 = Approval Level Vi (public hearing by Planning Commission required)

7 = Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

= Use not allowed in this zone district

= Level iV for projects of less than 2,000 square feet

Level V for projects of 2,000 to 20,000 square feet

Level Vi for projects of 20,000 square feet and larger

BP = Building Permit Only

BPi = Approval Levell (administrative, no plans required)

BP2 = Approval Level II (administrative, plans required)

BP3 = Approval Level ILL (administrative, field visit required)

USE RA RR R.1 RB Ril

Accessory structures and uses, including:

One accessory structure, habitable (subject to SCCC BP/4/5 BP/4/5 BP/4/5 BP/4/5 BP/L

13.10.323 and 13.10.611)

Accessory structures, nonhabitable, subject to SCCC

13.10.323 and 13.10.611, comprised of:

Animal enclosures: barns, stables, paddocks, hutches BP/4/5 BP/4/5 BP/4/5

and coops (subject to the provisions of SCCC

13.10.641, stables and paddocks; 13.10.643, animal

keeping in the RA Zone; 13.10.644, family animal

raising; 13.10.645, bird and small animal raising;

13.10.646, turkey raising; these provisions require

Level V in some cases. Also subject to SCCC

13.10.611 (C)(3)).

Carports, detached; garages, detached; garden BP/4/5 BP/4/5 BP/4/5 BP/4/5 BP/L

structures; storage sheds (subject to SCCC 1310:223

and 13.10.611)

Air strips (see SCCC 13.1 0.70Q-A definition) 7 7

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USE RA RR R.1 RB RII

Parking, including:

Parking, on-site, for principal permitted uses (subject to BP2 BP2 BP2 BP2 BP

SCCC 13.10.550 et seq.)

Parking, on-site, for nonprincipal permitted uses (subject 4 4 4 4 4

to SCCC 13.10.550 et seq.)

Recycling collection facilities in association with a

permitted community or public facility, subject to SCCC

13.10658, including:

Reverse vending machines BP1 BP1 BP1 BP1 BP

Small collection facilities 3 3 3 3 3

Signs, including:

Signs for nonprincipal permitted uses (subject to SCCC 4 4 4 4 4

13.10.580, et seq.)

Signs for principal permitted uses (subject to SCCC P P P P P

13.10.580, et seq.)

Storage tanks, water or gas, for use of persons residing

on-site

Less than 5,000 gallons BP2 BP2 BP2

More than 5,000 gallons BP3 BP3 BP3

Swimming pools, private and accessory equipment BP3 BP3 BP3

¥ Agricultural uses, including:

Agriculture, small-scale commercial, such as the P

raising of specialty crops (see also animal keeping)

Agriculture, with on-site retail sales, such as Christmas 5

tree farms

Beekeeping, commercial (see SCCC 13.10.700-B 5

definition)

Gardening, family (see SCCC 13.1 0.700-G definition) P P P P P

Greenhouse, one private of 500 square feet or smaller BP2 BP2 BP2 BP2 BP

Greenhouses, private, larger than 500 square feet 5 5 5

Greenhouse replacement, reconstruction, or structural BP2 BP2 BP2

alteration (see SCCC 13.1 0.636(B) and (C))

Nurseries, commercial 5

t,,-"

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Chapter 13.10 ZONING REGULATIONS Page 1 of 1

13.10.700-G "G" definitions.

"Games establishment" means a commercial establishment containing six or more pinball machines,

electronic video-screen games, football games, hockey games, skeebowls, or any other similar

games or machines for the use of which fees are paid directly into the machines or to an operator.

"Garage" or "carport" means an accessory structure or a portion of a main structure, having a

permanent roof, and designed for the storage of motor vehicles.

"Garage, storage" means a structure or part thereof used for the storage, parking or servicing of

motor vehicles, but not the repair thereof.

¥ "Gardening, family" means the noncommercial raising for family use of vegetables, berries, trees,

fruits, vines, grapes, flowers, ornamental trees or shrubs.

"Gasoline station" means a place where gasoline or other motor fuel, lubricating oil or grease for the

operation of automobiles or other vehicles are offered for sale to the public. (See also "Automobile

service station. ")

"Gas station, full-service" means a gas station which offers all of the following services or products:

the provision of gas, air, water, oil, and window-washing performed by the station attendant; public

restrooms; and the sale and installation of minor auto-related parts such as fan belts, water hoses,

windshield wiper blades, tires, transmission oil, brake fluid, and maps.

"Gas station, self-service" means a gas station which provides gas, oil, water and air installed by the

consumer.

"GH" means the Geologic Hazards Combining District (SCCC 13.10.420).

"GP" means the County General Plan.

"Gross building area" is the sum of all areas (attic, basement, mezzanine, under floor, covered area,

covered porch, and floor area) minus their allowed deductions. (Ord. 4921 § 19, 2008; Ord. 4324A

§ 3, 1994; Ord. 4282 § 3, 1993; Ord. 4159 § 6, 1991; Ord. 3632 § 24, 1985; Ord. 3432 § 1, 1983).

l"':

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.

.

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SANTA CRUZ COUNTY PLAt'fING IlEPARTMEN'I' POLICY/ORDINANCEINTERPRETATION

Interpretation No.:

Effective Date:

Originally Issued

AG-RES (agrculture, small scale commercial on RA and SU properties)07/30/08N/A

What are the criteria for "small-Question

ommercial agriculture" in Residential Agriculturaleciat Use Disticts?

Applicable Regulatory Section(s)§13.10.321(a) and (b)

§13.10.322(b)

INTEB:.lBliIllTlQli~

In RA distrcts and SU distrcts with a Residential General Plan designation, small-scalecommercial agriculture, including the raising of commercial crops, is allowed if it is compatiblewith residential uses, complies with all applicable rq,rulations, and does not create a nuisance forneighboring properties. The types of crops that can be grown arc not limited to specific"specialty crops", but also include common crops such as lettuce, grapes and apples.

Reason

'I'he County code places certain limits on small-scale commercial agrcultural uses in residentialdistricts:

. On properties designated Residential in the General Plan, small-scale commercial

agrculture is allowed only on RA or SO properties (l3.10.322(b))... Small-scale cormnercial agrculture is allO\ved only on RA and SU zoned properties with

an existing residence (see policy interpretation RES-VACANT -01).. Agrcultural uses that include on-site retail sales require a Level 5 permit.. Animal-related uses have specific limits, which are listed in Section 13.l0.322(b), and in

other sections of the County Code.

The County Code does not limit cornmercìal small-scale agriculture to specific specialty crops,or regulate the amount of acreage that may be devoted to commercial agrculture. However,small scale commercial agriculture on RA and SU zoned properties must be compatible with theprimary residential use of the propeiiy, adequately protect natural resources, and not create anuisance to neighboring properties (Sections 13.10.321 (a) and (b)).

While ìt is important to protect residential properties from any nuisances that could potentiallyresult from small-scale commercial agrculture, the type and intensity of commercial agrculturaluse that would be appropriate can vary depending on the size 0 f the parcel, the proximì ty andtype of adjoining land uses, and topographic and other environmental conditions of

the property.

13.10.321(a).,'

The following guidelines are designed to assist owners ofRA or SU properties in developing acommercial agricultural use that is compatible with neighboring residential properties. Withthese guidelines in mind, the propery owner can set appropriate parameters for their particularuse, including the location, the appropriate distance between commercial agricultural use andneighboring properties, the maximum size ofthe area that should be cultivated, the appropriateusc of chemicals and mechanical equipment, and other asects of their operation.

The commercial agricultural use should proteetneighboring properties from the followingnuísances:

· Noi"e

· Odors

· Dust

· Unsightliness

· Hazards such noxious fumes, including pesticide fumes. (Apphcation of specificpesticides is regulated by the Agricultural Commissioner).

In addition to these guidelines, commercial agrcultural uses must comply with all applicableenvironmental regulations, including grading requirements in Chapter 16.20, land clearngrequirements in Chapter 16.22, erosion protection including preventing accelerated erosion asrequired in Section 16.22.050, riparian corridor and wetland protec1ion requirements specified inChapter 16.30, and sensitive habitat protection in Chapter 16.32.

mil:iq/~~Date

13.10.321(a)

.

;

FfL@mm~~@ ~D.' A..' t:D.~ .~, .' ... .J ~0ff1IT in~ ~~ Ú1~~lJtl(ÇLI~ @ft ~t@ EÇrn~1;§4

RECOMMENDED AGRICULTURA BUFFERPLANTING LIST

(NEIGHBORINGAGRICULTURALUSE)

PROVIDE AGRICULTURABUFFER STRIP

COMMON NAME BOTANICAL NAM

Coyote Brush 3

Lemon Bottlebrush 1,2California Lilac

Pineapple Guava 1,2

Flanel Bush

Silktassel TreePacific Wax MyrleHollyleaf CherrCatalina Cherr iCoast Live OakItalian Buckthorn 2Coffeeberr

Baccharis pilulans

Callistemon citrus

Ceanothus varietiesFeijoa sellowianaFremontodendron californcum

Garra elliptic aMyrca califoßUcaPrunus ilcifoliaPrunus lyoniiQuercus agrfolia

Rhamnus alaternusRhamnus californica

NOTES:1. Attractive to birds because of their froit.

2. Non-native plant.

3. Not for range-land use.

APPROVED ilYTHE AGRTCULTURA POLICY ADVISORY COMMITTEESeptember 2003

ACTIVITY ANNOUNCEMENTThe County of Santa Cru Planing Deparment does not discriminate on the basis of a disability, and noperson shall, by reason of a disability, be denied the benefits of its serces, programs or activities. ThePlaning Deparent is located in an accessible facility. If you wish to participate in any Planingprogram or activity, or wish to receive any Planing service, and you require special assistance, pleasecall the number below at least five days in advance in order to make arangements.

831-454-3055

r'i~;-'-\ j'-1-

Dear County Supervisors,

I am writing to you in reference to the proposed changes to the medical marijuanacultivation laws. The cultivator for my collective informed me that there is anupcoming vote that has the potential to render our relationship ilegaL. I wanted towrite each of you to give you insight into the impact that this would have on mepersonally.

I am a 56 year old electrical engineer who suffers from ulcerative colitis. I wasdiagnosed with the disease 5 years ago. I am 5'10" and (when healthy) I weigh170lbs. It took me 3 years of struggling with dozens of pils a day to control myflare-ups (and weighing as little as 1081bs) before a friend of mine talked to meabout juicing cannabis.

Juicing has changed my life. I use the flowers from a CBD-rich strain calledHarlequin in my shakes every morning. As I work full-time, activating thepsychoactive properties of cannabis in order to use its medical benefits was not anoption for me. Juicing is the perfect solution for this. Unfortunately, I use anexorbitant amount of cannabis each month. Each shake has roughly 3.5 grams of

flower which equals -1/4 lb/month. Since Harlequin (and other CBD strains) are

best suited for indoor growing and each cycle takes -4 months, the collectiveprovides me with a pound of Harlequin from each harvest. As I work full -time anddon't have the knowledge or time to grow myself, my contributions to the collectiveare financiaL. I donate $2500 to each harvestto cover my share ofthe collectivescosts. In exchange, I get the exact medicine I need to stay healthy. for reference, if Iwere to be able to find Harlequin at a dispensary that was produced well-enough tohave adequate mgs of CBD, I would be paying closer to $5500.

The only financially feasible way that I am able to receive the medicine I needis by working with a collective that cultivates on my behalf. Please make sureto include the abilty fur us to maintain this legal and life. saving relationship in anyfuture ordinances.

Many Thanks,

A blessed Santa Cruz County resident

4f56

Terry Dorsey

From:Sent:To:Subject:

Zach FriendMonday, November 18,20133:59 PMTerry DorseyFW: Medical Marijuana Cultivation Ordinance - mtg 9am Tues 11.19.13 agenda item 55

From: theresa brown (mailto:[email protected])Sent: Monday, November 18, 2013 3:48 PMTo: Neal Coonert; John Leopold; Greg Caput; Bruce McPherson; Zach Friend

Subject: Medical Marijuana Cultivation Ordinance - mtg 9am Tues 11.19.13 agenda item 55

11/18/2013

County of Santa CruzBoard of Supervisors701 Ocean St, Ste 500Santa Cruz CA 95060

RE: Medical Marijuana Cultivation Ordinance


The Board's primary responsibility to is to look out for the welfare of all neighborhoods and theenvironment, ensuring protections. Therefore is important to have oversight and regulation of theMarijuana Cultivation/Growing industry.

As with any business, Marijuana growers need regulation with proper civil fines and criminal penaltiesfor non-compliance of any anticipated governance.Marijuana growing is a large and profitable business.Without SIGNIFICANT fines and/or criminal penalties your attempt at governance will be just seen asa nuisance and necessary cost of doing business for the growers.Please use your wisdom to govern this industry with penalties that insure compliance.

Then review the impact, as with any new business and evaluate these regulations annually andensure Code Compliance has the adequate tools to enforce.

I have no opposition to Marijuana itself, and support the medical benefits yet don't wantneighborhoods& rural areas to suffer -

- The regulation of chemicals used

- considerations of property values being affected, real estate disclosure issues

- concern of target areas for theft of grow areas, bringing up neighborhood issuesFires - some growers in our area have been responsible for fires, regulations should help

this.- grading regulations adhered to for environment and erosion

I have read the proposed Medical Marijuana Cultivation Ordinance and agree with the importance toset these parameters.

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I hope all parties understand the peaceful desire of residents to not be adversely impacted.

Theresa BrownSanta Cruz County Resident

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Alicia Murilo


[email protected], November 18, 201312:26 PMCBD BOSMAILAgenda Comments

Meeting Date: 11/19/2013 Item Number: 55

Name: Louise Butler Email: Not Supplied

Address: Not Supplied Phone: Not Supplied

Comments:I and many of my neighbors agree with medical marjuana. We agree with legalizing it and putting it in grocerystores alongside alcohol---taxed and FDA approved.

Here's what we don't agree with: Pot grows in residential neighborhoods. I don't think any of you on this boardwould want a neighbor over your fence with hundreds of pot plants, multiple large propane tans, multiple airconditioners cycling on and off, ligh ts, fans, fertilizers that emit fumes to inhale, and perhaps chemical runoffgoing into the sewer system, the constant smell of skunk, and pot grown in huge garbage cans with multiplecords running from each one. Garbage can growing says Google is to produce multiple buds. All this is what allof us are living next to. Schools are close by.In our neighborhood, three neighbors made calls to law enforcement about a major pot grow---no responseback. We believe they are waiting for clear rules from the board of supervisors. One neighbor called the DEA.They onl y go after pot growers that degrade our parks and forests.

Residences are being endangered from potential pot fires and explosions. Our parks and forests are beingdegraded and destroyed. But everyone seems rather silent on those issues.

Building inspectors are one ave to check out unsafe conditions, but when a letter is sent out in advance ofinspections, that gives the occupants time to get thei r house in order, then it's business as usuaL.

So PLEASE, no pot cultivation in residential areas. It needs to be grown in designated areas. There's a lot ofmoney to be made from growing pot. It's not ail medical and it can be a dangerous business. And that's what itis to many---a money making business. None of YOU want a potentially dangerous pot grow a few feet fromyour fence---well, we don't either.

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Alicia Murilo


[email protected], November 19, 2013 12:23 AMCBD BOSMAILAgenda Comments

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N arne: Emmanuela Raquelle Email: [email protected]

Address: PO Box 1336

Boulder Creek, CA 95006Phone : 408-482 2446

Comments:My name is Emmanuela Raquelle; my husband and I have been residents and landowners in Distrct 5, BoulderCreek, for 16 years. I cherish and am fiercely protective of our beautiful mountain environment.

I am a member and strong supporter of the Association for Standardized Canabis, and I emphatically urge theSupervisors to adopt the ASC recommendations for regulatory guideli nes.

I strongly believe that the expert research that ASC has done and continues to do far outstrps the often il-informed and un-researched information presented by some of the Supervisors. As a resident of ths County, I

expect all our Supervisors to be at least as well-read and informed as is the ASC, and present regulatoryguidelines based on well-researched documentation and recommendations made by experts in the varous fieldsthat impact our County regulations. I also expect all our Superisors to take into consideration the wil of SantaCruz County residents - we constituents who are responsible for allowing you to be in the offces that you nowhold. I ask that those of you who are not as well- informed as others of you spend more time in consulting withexperts before you embark on developing regulatory guidelines for our County. I request that you all work withASC on a regular basis to develop viable canabis regulations for our County.

Than you.

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Alicia Murilo


[email protected], November 18, 2013 7:43 PMCBD BOSMAILAgenda Comments

Meeting Date: 11/19/2013 Itern Number: 55

Name: Rose Mare McNair Ernail : Not Supplied


Comments:Honorable Supervisors:

Regardless of California's decisions to allow medical marjuana to fuction as a business, the "hole in thebucket" is cultivation--which the Federal governent does NOT sanction.

Wil the County of Santa Cru indemify those persons, and more importantly, their properties, which wereprovided the opportnity by Californa or, Santa Cru County to cultivate, i.e., GROW marjuana, if and whenthe Federal governent steps in and confiscates property and jails those cultivating?

Logically, it doesn't make sense. The Federal goverent must make the changes FIRST to allow growing,because of pre-emption.

PLease consider the unntended consequences, and do it right.Than you,Rose Mare McNair

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Alicia Murilo


cbd [email protected], November 19,20137:46 AMCBO BOSMAILAgenda Comments


Name: Thoas Bird Email: [email protected]

Address: PO Box 1336

Boulder Creek, CA 95006Phone: 408 395 2342

Comments:Good Morning

My name is Tom Bird Nov. 19,2013

I am the President and a Bd. Of Director of the Bear Creek Canyon Rd. Assoc. and I am on the Bd. of Directorsof Deer Creek Landowners Inc.We represent approximately 120 landowners.Our combined 20 miles of Rural roads are maintained both financially and by members performingmaintenance work.Many of our property owners cultivate medicinal cannabis. In myprivate conversations with many of these growers, they support practical, well thought out regulation. Theconsensus is that a wellregulated industry wil ensure 'Best Growing Practices", that wil be neighborhood, environment and businessfrendly and wil support law enforcement to ensure compliance of all cultivators. Additionally, many (not all)feel that there should be some fee structure to help support the Counties efforts to ensure compliance. Many ofthe cultivators are fearful, however, the County Bd. Of Superisors wil enact regulations that wil have apunitive effect anddrive the cultivators and dispensares further back into hiding and restrict patients' legal access to a product thathas proven medicalbenefits.The message I am passing along this morning is to urge the Supervisors to enlist input from the cannabiscommunity. One voice that a majority of the cultivators and dispensary's endorse are many ofthe recommendations forwarded by ASC, the Association for Standardized Cannabis. They urge you all to read andseriously consider their wellthought out proposals.

Thank You

Santa Cruz County Board of Supervisors

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Alicia Murilo


cbd [email protected], November 19, 2013 8:02 AMCBO BOSMAILAgenda Comments


Name: Denise Irving Email: Not Supplied

Address: Live Oak Phone: Not Supplied

Comments:First I want to say that I am in favor of Medical Marijuana. There needs to be regulations regarding thecultivation of it.I live in a Live Oak neighborhood where there is a very large Pot Farm. I bought my house over 25 years agoand planned to spend our retirement years here. Things have changed!! There is a Pot Far next to us and it ismaking our lives miserable. Our house smells like a skunk most of the time. They have lights from the growsheds that look like Close Encounters ofthe third kind. They run some kind of fans that sound like a fog hornintermittently all of the time. The sound is more prevalent at night when we are trying to sleep. They pollute theground with all of the fertilizer chemicals that they use. There are 40 gallon propane tans sitting around outsidethe grow sheds which are dangerous and a fire hazard. What stared out to be a single shed full of Pot is now 4sheds plus a complete unit of a triplex and possibly the yard of another unit. This is way out of hand! This"far" is located less than a block from 4 schools and a neighborhood Park. This should be considered an

agricultural grow and be regulated. I do not feel that we should have to put up with these conditions. We arebeginning to feel like we need to sell our house and move in order to have some peace. I am also fearful of thecriminal aspect ofthis grow. I have read that one Pot Farmer was robbed at gunpoint on 3 different occasions.This is not safe, especially for our children who attend the schools in the area. Please take this information tohear when you are deciding how to regulate the cultivation of Marjuana. It does not need to be in residentialneighborhoods or especially near schools! Think about how you would feel ifthis were next to your home. Insummation here are my key points- Bad smell, bright lights, pollution, fire danger, criminal aspect, dangerousfor neighborhood.Sincerely, Denise Irving - Live Oak Resident

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Alicia Murilo


[email protected], November 17,20136:36 PMCBD BOSMAILAgenda Comments


Name: bob Email: cageech(à;yahoo.com

Address: 655 fak1d

aptos, ca 95003Phone: 831-662-2587

Comments:dsadsa

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Alicia Murilo

,Erom:ent:

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[email protected], November 16, 2013 4:39 PMCBO BOSMAILAgenda Comments


Name: Clyde Lawrence Email: [email protected]

Phone: 8316624526

Comments:For over two years, in my R I-zoned neighborhood, my family and I have been

living next door to acommercial marjuana grow house which supplies a retail business. Durg that time we have witnessed crewsloading supplies and product into vans and SUV s. Our imediate neighborhood has been filled with flies,ferlizer smells, unpleasant plant odors, a varety of changig tenants and personnel, secu rity dogs and

light

from 24-hour securty floodlights. Our narow street is often a parkig lot, filled with ever-changing vehicles. that come and go at all hours.

_.Jut is that the whole story? Change "marjuana," in the fist sentence in the above paragraph, to "poinsetta."Does it change the predicament of the homeowner living next door to the grow house? Of course it doesn't. I am. stil affected by the breakdown in the application of zonig regulations. The odors and pests would still be there,as would the atmosphere of an all night car dealership. Pot really has little to do with it. Agrcultual andmanufactug activities are separated from residences and famlies for good reasons. The regulations suggestedby Supervsor Friend address the strengtenig of the separation and protect county residents. As an electedoffcial, your duty is to interret zonig regulations so that they protect all citizens not just the interests of arelative few.

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Alicia Murilo


cbd [email protected], November 16,201310:20 AMCBO BOSMAILAgenda Comments


Name: KEN MOORE Email: Not Supplied


Comments:PLEASE PASS THIS RESOLUTION -most normal people like us are terrfied and intimidated in our ownhomes and afraid to confront the druggies in your venue for fear of retaliation. people do crazy things for 7 digitnon-taxed profit

our neighborhoods are being overrn with growers that operate with impunity there currently literally noregulations to govern grows, they make milions often used to purchase more land, we are sick of the gangs,pollution, illegal wiring, fires, degradation of our land valuesPLEASE HELP US

Some Facts to think aboutThe above pot growing operation is about 150 ft by 250 ft = 37,500 square ftIt takes about a iOft by iOft to grow one pot plant that is 100 sq ftSo you can grow 375 plants in this operation but let's just say you can grow 300 plants hereOne plant yields 1 lb to 2 lbs of pot. lets just assume 1.5 lbs per plant per harestSo 1.5 1bs per 300 plants is 450 1bs of potOne 1b of pot sells from $2500 to $3500 depending on quality and ifit is sold locally(If the pot is shipped to another state it is worth 10% to 20% more)Let's say for discussion one LB is $2500 times 450 lbs = $1,125,000 for one harestRecently they have created ways to get 3 harvests per season by using tarps to shade the grow-it mimics theseasons plants think it is Fall and they flower (bud)That is $3,375,000 in one summer.even if these numbers are off by 50% it is stil a lot of cash.

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Alicia Murilo


[email protected], November 16, 201310:13 AMCBO BOSMAILAgenda Comments


Name: Ken Moore Email: [email protected]

Address : 401 red dog ridge Phone: 408-848-5404

Comments:Pass this ordinance it is greatly needed

Some Facts to think aboutThe typical pot growing operation near us (you can see them from the road or google earth) is about 150 ft by250 ft = 37,500 square ftIt takes about a iOft by iOft to grow one pot plant that is 100 sq ftSo you can grow 375 plants in this operation but let's just say you can grow 300 plants hereOne plant yields 1 lb to 2 lbs 0 f pot.lets just assume 1.5 lbs per plant per harestSo 1.5 lbs per 300 plants is 450 lbs of potOne lb of pot sells from $2500 to $3500 depending on quality and ifit is sold locally(If the pot is shipped to another state it is worth 10% to 20% more)Let's say for discussion one LB is $2500 times 450 lbs = $1,125,000 for one harestRecently they have created ways to get 3 harvests per season by using tarps to shade the grow-it mimics theseasons plants think it is Fall and they flower (bud)That is $3,375,000 in one summer..even if these numbers are off by 50% it is still a lot of cash.

follow the money but for the benefit of all of us please implement some rules and then enforce them. Now thereare literally no rules and our neighborhoods are suffering with pollution, fire danger, decreased property valuesdue largely to no enforcement by the county. IT is TIME

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county of santa cruzsccounty01.co.santa-cruz.ca.us/bds/govstream/...greg caput fourth district bruce...

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