San Andreas, CA…The Calaveras County Board of Supervisors are back in action on December 19th. The Complete Agenda is below. On October 17, 2017 the Board of Supervisors heard a recommendation from the Planning Commission to adopt an ordinance either banning cannabis cultivation and other commercial activities associated with cannabis or regulating those uses. The hearing was continued to October 24, 2017 to consider additional information provided at the hearing. At the continued hearing Supervisor Tofanelli identified a number of provisions that he stated must be included in an ordinance regulating cannabis. The Board directed staff to craft a regulatory ordinance that would include the requirements of Supervisor Tofanelli and be presented to the Planning Commission for consideration and then bring the recommendation of the Planning Commission back to the Board of Supervisors for possible adoption.

Staff prepared a draft ordinance that included Supervisor Tofanelli’s requirements as well as the other provisions included in the Planning Commission’s recommendation to the Board of Supervisors on October 2, 2017 and presented that to the Planning Commission on November 29, 2017. That draft, with non-substantive edits and additional provisions to address concerns by the Environmental Management Agency and the Sheriff is provided as Ordinance Alternative 1 (Attachment 1 – Board of Supervisors).

The Planning Commission, however, at its November 29, 2017 hearing, forwarded a recommendation to the Board to consider two other alternatives. These are a revised regulatory ordinance–a revision to Alternative 1 that includes a number of changes to the recommendations of the Board of Supervisors (Ordinance Alternative 2 – Planning Commission/Attachment 2)–and the ban alternative as previously recommended and provided to the Board on October 17, 2017 (Ordinance Alternative 3 – Ban /Attachment 3). The Planning Commission recommended that Alternatives 2 and 3 be equally weighted. The following list highlights the primary differences between the Board of Supervisors’ and the Planning Commission’s regulatory alternatives:

 A provision was added to the purpose and intent stating that a reason for the ordinance was to provide sufficient funding to enforce regulations on illegal cultivators.

 The cap of 50 outdoor or mixed light registrations was eliminated.

 The minimum parcel size for outdoor or mixed light registration was established at 20 acres, and could be five acres if the parcel was surrounded entirely by land zoned A1, AP and/or GF (zones in which cannabis cultivation could be permitted.) A discretionary permit, neighbor notice, and Planning Commission review would still be required if a registration is sought for a parcel adjacent to any residential zoned parcel or any parcel with a legal dwelling already on it.

 State-licensed self-distribution (limited distribution by the cultivator of cannabis produced only by that cultivator) is not prohibited.

 The requirement that cannabis be grown in containers was eliminated.

 More than one cultivation registration would be permitted per Williamson Act contract, but it would still be limited to one registration per parcel.

 The limitation of one registration per person or entity was eliminated.

 Setback requirements were modified to provide for a 500’ setback from an adjacent residential structure, or 200’ from a parcel not zoned residential or Residential Agricultural. The 500’ setback would apply if adjacent to residential or RA zoning.

 The requirement that a permitted, permanent residence be on the parcel in order to cultivate was eliminated. A permitted structure would still be required, but not necessarily a dwelling.

Both regulatory ordinances limit the zoning of parcels on which cannabis may be cultivated commercially to the General Agricultural (A1), Agricultural Preserve (AP), and General Forest (GF) zones. Attachment 7 is a map of the county that depicts where parcels of 50 acres or more with those zones are located. Attachment 8 is the same map, but with parcels that are adjacent to residential or residential-agricultural zones which would require discretionary review under either draft highlighted in shades of red.

Board of Supervisors Special Meeting 12/19/2017 8:00 AM Board of Supervisors Chambers 891 Mountain Ranch Road   San Andreas, CA 95249

Downloads:  Agenda  Agenda Packet  Video Call to Order Roll Call CLOSED SESSION AGENDA 1. Pursuant to Govt. Code section 54957.6, personnel matter: conference with labor negotiator (Judy Hawkins, Director of Human Resources & Risk Management) re: Deputy Sheriff’s Association (DSA), Sheriff’s Management Unit (SMU), Service Employees International Union (SEIU), and Calaveras County Public Safety Employees Association (CCPSEA) negotiations; Board action: 2. Conference with legal counsel – anticipated litigation – significant exposure to litigation, (one case) pursuant to Government Code section 54956.9 (d)(2); Board action: Pledge of Allegiance Announcements This is a time for board members and County staff to provide updates of upcoming County events that may be of interest to the public. RECOGNITION AND ACKNOWLEDGEMENTS PUBLIC COMMENT – 30 MINUTES CONSENT AGENDA 3. Minutes of Dec 5, 2017 8:00 AM 4. Minutes of Dec 12, 2017 8:00 AM 5. Adopt a Resolution authorizing the Auditor Controller to release funds pursuant to 3.56.130(c)(6); orders of an Administrative Hearing Officer or 3.56.150; determination by the Tax Collector that overpayment has been made. Resolution Printout 6. Adopt a Resolution continuing a Local State of Emergency on Tree Mortality. Resolution Printout a. 10.30.15_Tree_Mortality_State_of_Emergency 7. Adopt a Resolution continuing a Local State of Emergency for the winter storm damage from extreme weather events that began on January 7, 2017 through the month of February 2017. Resolution Printout a. OES Director LSoE 8. Adopt a Resolution continuing a Local State of Emergency for the removal of hazardous trees caused by the Butte Fire with the imminent threat of severe winter weather. Resolution Printout 9. Adopt a Resolution continuing the Local State of Emergency for the Butte Fire. Resolution Printout a. Original Declaration Items Pulled from Consent REGULAR AGENDA 10. Conduct a Public Hearing to adopt an Ordinance rescinding Chapter 17.95 and replacing it with a new Chapter 17.95 banning or regulating cannabis cultivation and related commercial activities; certify Environmental Impact Report and adopt Findings of Fact, or find that adoption of the ordinance is exempt from CEQA pursuant to Sec. 26055(h) of the Business and Professions Code. Ordinance Printout a. BOS Regulatory Ord – Alternative 1 b. PC Regulatory Ord – Alternative 2 c. Ban Ord – Alternative 3 d. Att A – Findings of Fact CEQA – BOS Regulatory e. Att A – Findings of Fact CEQA – PC Regulatory f. Att A – Findings of Fact CEQA – Ban g. Zoning Map A1 AP GF 50 ac + h. Zoning Map w Res Buffer SUPERVISOR ANNOUNCEMENTS In compliance with AB1234, chaptered as Government Code Section 53232.3(d), Board members shall provide brief reports on meetings they attended at the expense of the local agency at the next regular meeting of the legislative body. This report is required to include meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc.), but may also, at the Board members discretion, include any other meeting attended by the Supervisor on behalf of the County.