Performance standards for generators, no commercial cannabis cultivation on properties under 1 acre, the commercial cannabis medical marijuana land use ordinance saga continues

Today, during the morning session of the Humboldt County Board of Supervisors, two items that were discussed were:

Human Resources
1. Revision of Ordinance Setting Compensation of the Board of Supervisors
That the Board of Supervisors initiate the review process of Board Salaries and
Benefits pursuant to County Code; and direct staff to bring back proposed
ordinance language consistent with your Board's direction relative to salary and
benefits.

Ordinance Setting Compensation of the Board.pdf

There was no ordinance presented by Dan Fulks, County HR Director, just feedback from Board. The Board of Supervisors voted not to get longevity pay and the one time payment that other elected officials and County employees will get as a part of recent contract negotiations.

Planning and Building Department
Review of staff's modification of proposed Ordinance in response to Board direction, adding
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 relating to Phase IV of the
Medical Marijuana Land Use Ordinance setting regulations for cultivation, processing,
manufacture and distribution operations and facilities
2.
That the Board of Supervisors receive draft ordinance reflecting changes as
directed by the Board on January 11th and 12th, 2016; consider questions and
points of clarifications described herein, deliberate, and provide further direction
to staff as necessary regarding possible modifications to draft ordinance; set
January 26, 2016 as the date for adoption of the ordinance and the Mitigated
Negative Declaration; and direct the Clerk of the Board to publish the
pre-adoption summary of the Ordinance and to post a certified copy of the full
text of the proposed Ordinance in the office of the Clerk of the Board, both
publication and posting to be done at least five (5) days prior to the Board
meeting at which the Ordinance will be adopted. [Government Code
Section25124(b)(1)].

Modified MMLUO.pdf

Discussions on the medical marijuana ordinance started at 9:30 a.m this morning and will continue this afternoon after public comment and a couple of items on the afternoon agenda are completed. 

Planning and Building Department director Rob Wall told the Board of Supervisors that he had received questions via email over the weekend asking if conditional permits could be issued on pending General Plan update changes. He clarified that "this ordinance will be consistent with the current GPU" and not the future general plan update.

Language for performance standards for generators was clarified after a question by Supervisor Estelle Fennell. "The noise produced by a generator used for cannabis cultivation shall not be audible from neighborhood residences nor more than 60 decibels at the property line. Where applicable, sound levels must also show that they will not result in the harassment of Marbled Murrelet or Spotted Owl species, when occurring in the vicinity of a potential habitat. Conformance will be evaluated using current auditory disturbance guidance prepared by the United State Fish and Wildlife Service.and further consultation if necessary."

Each Supervisor gave feedback on the draft and their questions. Supervisor Fennell and Supervisor Bohn both mentioned that they wanted the word contiguous removed. 

In the morning session,staff asked for more input on RRR sites. Feedback from Board included no commercial cultivation under 1 acre for new grows. Properties ranging from 1.5 acres need a conditional use permit and maximum size was 5,000 square feet and not less than 300 feet of neighbor's residence. All other conditions of small parcel ordinance need to be followed.

Much of the afternoon discussion centered around multiple licenses for larger grows.
Multiple licenses will be issued for parcels 320 acres or larger.

The Board is expected to continue giving feedback to staff until the end of the day. A final draft of the ordinance needs to be published by the end of tomorrow if an ordinance is to be passed on January 26.