fresno county medical cannabis cultivation recommendations

8/3/2019 Fresno County medical cannabis cultivation recommendations

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8Agenda Item

DATE: November 15, 2011

FROM:Board of SupervisorsAlan Weaver, Director ~ .4 .. . . . _ ~ ~Department of Public Works and PI~

TO:

SUBJECT: Medical Marijuana Working Group RecommendationsRECOMMENDED ACTION:Consider and provide direction regarding recommendations developed by the MedicalMarijuana Working Group.On August 9, 2011, your Board approved the second reading of the proposed Medical MarijuanaOrdinance addressing possession, consumption, distribution, and cultivation of medicalmarijuana in the unincorporated areas of Fresno County. At the conclusion of this action, yourBoard directed staff to initiate modifications to the Ordinance to address existing provisions aswell as issues raised by the Fowler Unified School and Malaga County Water Districts, andCities of Fowler, Selma and Kingsburg.In addition, your Board directed staff to convene a "working group" to identify and evaluatepotential modifications to the Ordinance including exploring potential options for allowingpersonal cultivation. A Working Group comprised of medical marijuana advocates, communitystakeholders, Special Districts and City representatives participated in four meetings thatresulted in recommendations addressing medical marijuana dispensaries, personal cultivation,and consumption of medical marijuana (See Exhibit "A").ALTERNATIVE ACTION:None available.

MINISTRATIVE OFFICE REVIEW ;6tl14di _:.~ Page IARD ACTION: DATE APPROVED AS RECOMMENDED OTHER of < L ?

ANIMOUS ANDERSON CASE LARSON PEREA POOCHIGJAN, _

-017 (eForms-0904)


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Board of SupervisorsNovember 15, 2011Page 2FISCAL IMPACT:Staff's effort associated with the Medical Marijuana Ordinance is a net County cost, which isbeinq absorbed within the Department's existing budget in Org. No. 43600200.IMPACTS ON JOB CREATION:Approval of the recommended action would not affect the efforts to create jobs in FresnoCounty.BACKGROUND/DISCUSSION:On August 9,2011, the Fresno County Board of Supervisors approved the County's MedicalMarijuana Ordinance. Your Board also directed staff to initiate modification to the Ordinance toaddress issues raised by the Fowler Unified School District, Malaga County Water District, andCities of Fowler, Selma and Kingsburg. Specifically, the group raised concerns with the locationof Medical Marijuana Cultivation Facilities being located in their respective Sphere of Influencesand the potential for over concentration of such facilities in the Malaga area. As a result, thegroup requested the following:1. If an application for a License and/or Site Plan Review Application is filed for a MedicalMarijuana Cultivation Facility within their Sphere of Influence, that the City be notified at least60 days prior to formal consideration of the matter and be provided the opportunity tocomment upon the application, including a request that the County consider the imposition ofadditional Operational Conditions to alleviate potential adverse effects upon the City; and2. Notification shall be provided to individuals applying for a Medical Marijuana CultivationFacility that the subject property is within a city's Sphere of Influence and may be annexedinto the city at a future date, that the city's Ordinance may not allow the operation of theMedical Marijuana Cultivation Facility and that the applicant may be forced to cease

operation upon annexation.3. A Medical Marijuana Cultivation Facility Business License shall become null and void uponannexation to a city.4. Increasing separation between existing Medical Marijuana Cultivation Facilities from 1,000feet to 2,000 feet.Based on your Board's direction, staff will return to your Board with the requested amendmentsand any additional amendments resulting from the Working Group recommendations.Medical Marijuana Working Group:Also at the conclusion of the August 9th hearing, your Board directed staff to convene a "workinggroup" to explore potential options for allowing personal cultivation of medical marijuana. Inaddition, your Board requested that the three attorneys (Brenda Linder, Bill McPike and RickHorowitz) who provided public testimony at the hearing that there were legal deficiencies in theCounty's Ordinance, to provide comments to staft summarizing their concerns.A Working Group (Group) comprised of medical marijuana advocates, community stakeholders,Special Districts and City representatives (See Exhibit "B") participated in four meetings

FC-017 (eForms-0904)


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Board of SupervisorsNovember 15, 2011Page 3beginning on August 31,2011, and concluding on October 12, 2011. In addition,representatives from the County attended the working group meetings, including representativesfrom the Sheriff's Office, County Counsel, Department of Public Health, AuditorController/Treasure-Tax Collector's Office and Department staff. The wording group formulatedthree recommendations addressing medical marijuana dispensaries, personal cultivation, andconsumption of medical marijuana as follows:

Working Group Recommendation No 1: Medical marijuana dispensariesConsider allowing medical marijuana dispensaries in the County's industrial ZoningDistricts subject to Conditions and separation requirements that address the need toobtain a business license, provide security improvements, and comply with operationalrequirements similar to those contained in the current Medical Marijuana Ordinancerelating to Medical Marijuana Cultivation Facilities.All Group members agreed that medical marijuana dispensaries should not be located inproximity to existing residential uses and neighborhoods. With appropriate security andoperational requirements, members of the Group support the location of medicalmarijuana dispensaries in the County's industrial areas.

Department Staff Recommendation:If your Board is inclined to allow dispensaries in the County's industrial areas, staff recommendsthat said use be allowed subject to similar Standards and Conditions developed for the MedicalMarijuana Cultivation Facilities (separation requirements, security improvements, businesslicense requirement, etc.).

Recommendation No.2: Personal growthConsider allowing patient cultivation of medical marijuana in urban (lot size less than twoacres) and rural (lot size greater than two acres) Zoning Districts that allow single-familyresidences provided the activity complies with certain requirements as follows:Urban:

Limitation on the quantity of plants by restricting cultivation to a fixed number ofplants or 99plants or less but no more than 100 square feet of total gardencanopy, measured by the combined vegetative growth area; and Require all outdoor cultivation to occur in a secure, locked, fully enclosed(including a ceiling, roof or top) enclosure (dog-run type enclosure); and Require that all plants and cultivation improvements be screened and out ofpublic view (plants cannot exceed fence height, screening from alleys, public-right-of ways, etc.).

Rural: Limitation on the quantity of plants by restricting cultivation to a fixed number ofplants or 99plants or less but no more than 100 square feet of total gardencanopy, measured by the combined vegetative growth area; and Require all outdoor cultivation to occur in a secure and locked enclosure; and Require that all plants and cultivation improvements be screened and out ofpublic view (plants cannot exceed fence height, screening from public-right-of-ways, etc.).



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Board of SupervisorsNovember 15,2011Page 4Department Staff Recommendation:If your Board decides to accommodate personal growth, staff would recommend limiting thenumber of plants to six in the urban areas and 12 in the rural areas along with the otheridentified recommendations relating to visibility and security as noted above.

Working Group Recommendation NO.3: Consumption of medical marijuanaConsider modifying the current Medical Marijuana Ordinance provision that restrictsconsumption of medical marijuana by qualified patients to their principle place ofresidence to restricting consumption to a private residence or on the premises of aprivate residence but out of public view.Representatives of the Group indicated that current County Regulation addressingconsumption is too restrictive by limiting the activity to a patient's personal place ofresidence. Rather, the Group recommends that consumption should be restricted to aprivate residence, out of public view.

Department Staff Recommendation:Staff does not have a concern with this recommendation.As it relates to input from the three attorneys, multiple requests were made by staff requestinginput and a summary of their legal concerns. To date, staff has not received any specificconcerns or suggestions.In early October 2011, an announcement was made by California's four U.S. Attorneys that theywould be taking legal action against several existing medical marijuana dispensaries across theState. The U.S. Attorneys declared that a dispensary's operations involving sales anddistribution of marijuana are illegal under federal law and are subject to criminal prosecution andcivil enforcement actions by the federal government. These recent actions have raisedquestions regarding the recommendations being forwarded by the Medical Marijuana WorkingGroup and possibly the County's recently adopted Medical Marijuana Ordinance. These legalmatters are being researched by County Counsel who will advise your Board prior toconsideration of this Agenda Item.OTHER REVIEWING AGENCIES:Copies of this Agenda Item were provided to the Sheriffs Office, Agriculture Department,Department of Public Health, and the Auditor-Controller/Treasurer-Tax Collector's Office.REFERENCE MATERIALBAI #13, July 13, 2010BAI#9,August24,2010BAI #6, September 14, 2010BAI #12, October 26,2010BAI#9,December7,2010BAI #4, February 1, 2011BAI #6, July 12, 2011BAI #19 and 67, August 9,2011



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Exhibit "A"Medical Marijuana Committee MembersDraft Recommendations

By consensus, the following items are presented for recommendation to the FresnoCounty Board of Supervisors by the Medical Marijuana Working Group:1. Consider allowing medical marijuana dispensaries in the county's industrialzoning districts subject to conditions and separation requirements that address

the need to obtain a business license, provide security improvements, andcomply with operational requirements similar to those contained in the currentMedical Marijuana Ordinance relating to Medical Marijuana Cultivation Facilities.2. Consider allowing patient cultivation of medical marijuana in urban (lot size lessthan two acres) and rural (lot size greater than two acres) zoning districts thatallow single-family residences provided the activity complies with certain

requirements as follows:Urban: Limitation on the quantity of plants by restricting cultivation to a fixed numberof plants or unrestricted number of plants but limited to 100 square feet oftotal garden canopy, measure by the combined vegetative growth area, and Require all outdoor cultivation to occur in a secure, locked, fully enclosed(including a ceiling, roof or top) enclosure (dog-run type enclosure), and Require that all plants and cultivation improvements be screened and out of

public view (plants cannot exceed fence height, screening from alleys, public-right-of ways, etc.).Rural: Limitation on the quantity of plants by restricting cultivation to a fixed numberof plants or unrestricted number of plants but limited to 100 square feet oftotal garden canopy, measured by the combined vegetative growth area, and Require all outdoor cultivation to occur in a secure and locked enclosure, and Require that all plants and cultivation improvements be screened and out ofpublic view (plants cannot exceed fence height, screening from public-right-of-ways, etc.).

3. Consider modifying the current Medical Marijuana Ordinance provision thatrestricts consumption of medical marijuana by qualified patients to their principalplace of residence to restricting consumption to a private residence or on thepremises of a private residence but out of public view.


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EXHIBIT 'B'

fresno county medical cannabis cultivation recommendations

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