We hope to bring cannabis cultivation out of the shadows, out of the hills says County staff to Planning Commissioners

Item number 2 on the Planning Commission agenda for today is a  proposed ordinance would establish where within the county the commercial cultivation of cannabis for medical use could take place, and would establish a permitting structure to allow for county oversight of the commercial cultivation of cannabis for medical use. The proposed ordinance would apply throughout the unicorporated areas of Humboldt County, including the Coastal Zone.

About 60 people including Julie Williams, Debbie Provolt, California Cannabis Voice Humboldt's Luke Bruner and Andy Powell are in the Humboldt County Board of Supervisors chambers this evening listening to presentations by County staff. Another 10 wandered in between 6:30 and 7 p.m.

Courthouse security said that including staff and Commissioners, 100 people turned out for today's meeting.

Encouraging broadest participation by growers and remediating environmental damage are two goals of the proposed ordinance.

Public comment had not started when I left. Planning Commissioner Lee Ulansey said that in the last two weeks, he had received a lot of questions and calls from the public. "One of the concerns expressed to me regularly is the process this ordinance has gone through so far," said Ulansey.

He said he had a number of ex-parte items to disclose later.

He asked County staff, "What's gone on in public?" "Where has the public not gotten input?" "Has there been much public process regarding large parcels/commercial cultivation?"

Steve Lazar listed meetings around the County that were held. "We could not get consensus" he said referring to the time it has taken for this ordinance to come to this stage. "Now we have a lot of people motivated that might consider things they wouldn't have a year ago."

Planning Commissioner Noah Levy asked Lazar, "How can we expect these guidelines to be followed by the public and enforced against those who don't? Incentivizing through streamlining will only work so far. There has to be a carrot and a stick."

Referring to Phase I, indoor grows and Phase II small grows, Levy asked "how successful have we been in getting them into compliance?"

Lazar said that in Phase II they "expedited abatement" and then made a reference to Phase I product being harvested before any enforcement, which elicited laughter from the audience. "Carrot is greater than the stick," said Lazar.

Deputy County Counsel Joel Ellinwood said, "This permit is for medical cannabis. It does not address the universe for recreational and criminal purposes."

Planning Commissioners:

ROBERT MORRIS Chair - Second District
DAVE EDMONDS Vice Chair - At Large
ALAN BONGIO First District
NOAH LEVY Third District
KEVIN MCKENNY Fourth District
BEN SHEPHERD Fifth District L
LEE ULANSEY-At Large

County staff:

KEVIN R. HAMBLIN, AICP Director, Planning and Building
JOEL ELLINWOOD, AICP Deputy County Counsel

PUBLIC HEARINGS

 2. Phase IV of The Medical Marijuana Land Use Ordinance, Regulating The Commercial Cultivation of Cannabis for Medical Use Concerning the adoption of Phase IV of the Medical Marijuana Land Use Ordiancne to regulate the commercial cultivation of medical marijuana and associated Mitigated Negative Declaration and Initial Study pursuant to CEQA. These amendments to the Zoning Ordinance and Local Coastal Program (LCP) provide for local regulation of land uses involving the commercial cultivation of medical marijuana consistent with newly enacted state law (SB643, AB266, and AB243) and other applicable regulations (including the Cannabis Cultivation Waste Discharge Regulatory Program administered by the North Coast Regional Water Quality Control Board). The ordinance is part of ongoing efforts to regulate land uses associated with medical marijuana in the county. The proposed ordinance would establish where within the county the commercial cultivation of cannabis for medical use could take place, and would establish a permitting structure to allow for county oversight of the commercial cultivation of cannabis for medical use. The proposed ordinance would apply throughout the unicorporated areas of Humboldt County, including the Coastal Zone.

If adopted, the Ordinance would add section 313-55.4 et seq. to Title III, Division I, Chapter 3, Section B, Part 1 (Coastal Zoning Regulations), and section 314-55.4 et seq. of Title III, Division 1, Chapter 4, Section B, Part I (Inland Zoning Regulations) to the Humboldt County Code. CEQA Review: A draft Mitigated Negative Declaration has been prepared for this Project. The Initial Study determined that no substantial evidence exists that the proposed project may have a significant environmental effect that cannot be fully mitigated to a less-than-significant level. (California Code of Regulations §15070 et seq.) The review period for public comments on the MND commences October 5, 2015, and ends November 4, 2015. 1. Open the public hearing. 2. Request that staff present the staff report, including policy options and alternatives 3. Receive public testimony. 4. Deliberate on the draft ordinance, public input, and policy options and alternatives presented 5. If necessary, direct staff to prepare modifications or additional information responsive to public input and commission deliberation. 6. Continue the public hearing until November 10, 2015