DATE: January 8, 2019
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Extension of Interim Urgency Ordinance Establishing Moratorium on Nonmedical Cannabis
RECOMMENDED ACTION(S):
TITLE
1. Consider and adopt proposed extension of Interim Urgency Ordinance No. 18-021 through December 5, 2019, pursuant to Government Code Section 65858, prohibiting the possession, planting, cultivation, harvesting, drying, or processing of nonmedical cannabis outdoors on the grounds of a private residence to the fullest extent permitted by State law, and the establishment or operation of a business engaged in commercial cannabis activity, in the unincorporated areas of Fresno County (4/5 vote).
2. Accept and direct staff to issue Report prepared pursuant Government Code section 65858, subdivision (d), describing the measures taken to alleviate the conditions which led to the adoption of Interim Urgency Ordinance No. 18-021.
3. Determine that extension of the Interim Urgency Ordinance is exempt from the requirements of the California Environmental Quality Act, Public Resources Code section 21000, et seq., and direct staff to file a Notice of Exemption with the Office of the Fresno County Clerk.
REPORT
Approval of the recommended actions would allow staff an opportunity to research and develop appropriate proposed regulations for the possession, planting, cultivation, harvesting, drying, or processing of nonmedical cannabis, and the establishment or operation of businesses engaged in commercial nonmedical cannabis activity in all Zoning Districts of Fresno County. The Interim Urgency Ordinance will expire on January 20, 2019. Approval of the Report is required by California Government Code § 65858, subdivision (d), which requires the legislative body issue the report at least ten (10) days prior to expiration of the Interim Urgency Ordinance. This item is countywide.
ALTERNATIVE ACTION(S):
Determine that the initiation of the proposed extension of the Interim Urgency Ordinance is not necessary and determine that the specific findings cannot be made pursuant to Government Code Section 65858, and take no action on the recommendation action to extend the Interim Urgency Ordinance.
There is no alternative action to the second Recommended Action because the issuance and acceptance of the report is required by State law.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions.
DISCUSSION:
On December 4, 2018, the Board considered and adopted an Interim Urgency Ordinance, which prohibits, in all Zone Districts of Fresno County, the possession, planting, cultivation, harvesting, drying, or processing of nonmedical cannabis outdoors on the grounds of a private residence, to the fullest extent permitted by State law, and the establishment or operation of a business engaged in commercial cannabis activity. The adopted Interim Urgency Ordinance will expire on January 20, 2019, unless extended. The request for extension is necessary in order to allow staff adequate time to continue researching and developing proposed regulations and standards addressing the treat to public safety, health and welfare posed by nonmedical cannabis.
Since the Board hearing of December 4, 2018, County Counsel has begun the process of identifying changes to the Ordinance Code which may be appropriate to address the threats posed by nonmedical cannabis and reconcile the regulatory uncertain of nonmedical cannabis by the State and neighboring local jurisdictions. County Counsel expects to circulate a draft of the proposed revisions to the Ordinance Code (the “Proposed Ordinance”) in the next 90 days for review and comment by County Departments. County Counsel will address any comments or proposed changes to the Proposed Ordinance received form the Department of Public Works and Planning for environmental review. The Department will conduct the appropriate level of environmental review and work with County Counsel to schedule the Proposed Ordinance for appropriate public hearings.
The Board must make two Findings in order to extend the Interim Urgency Ordinance, as was the case with the initial action:
1. That there is a current and immediate threat to the public health, or welfare; and
2. That the approval of additional entitlements for the land use would result in that threat to public health, safety, or welfare.
If extended, the Interim Urgency Ordinance would be effective for an additional 10 months and 15 days and will expire on December 5, 2019.
The Recommended Actions are Exempt from California Environmental Quality Act (CEQA)
Staff has determined that approval of the first and second Recommended Actions are exempt from the requirements of CEQA. The extension of the Interim Urgency Ordinance continues a temporary moratorium on the possession, planting, cultivation, harvesting, drying, processing, or storage of nonmedical cannabis outdoors on the grounds of a private residence to the fullest extent permitted by State law, and the establishment or operation of a business engaged in commercial marijuana activity, in all Zoned Districts of Fresno County.
This moratorium will have the effect of continuing to temporarily prohibit a direct or reasonably foreseeable indirect physical change in the environment by prohibiting land uses in Fresno County which were illegal prior to Adult Use Marijuana Act (AUMA) and Medical and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). By prohibiting such uses temporarily, the Interim Urgency Ordinance will have the effect of protecting the environment while the County studies whether or how to regulate nonmedical cannabis. It can be seen with certainty that adoption of the Interim Urgency Ordinance will not have the possibility of causing a significant effect on the environment, and will if act maintain and protect the environment. Adoption of the Interim Urgency Ordinance is therefore exempt from the requirements of CEQA. (CEQA Guidelines §§ 15061, subdivisions (b)(3), and 15308.)
The Report required by Government Code section 65858, subdivision (d), results from the work performed by County Counsel to identify changes to the Ordinance Code, which may be appropriate to address the threats posed by nonmedical cannabis. Such work has involved preliminary collection of data and information, none of which has resulted in a disturbance in an environmental resource, or had the possibility of causing a significant effect on the environment. Acceptance and issuance of the Report is therefore exempt from the requirements of CEQA. (CEQA Guidelines §§ 15061, subdivision (b)(3), and 15306.)
REFERENCE MATERIAL:
BAI #7, December 4, 2018
BAI #25, November 6, 2018
BAI #8, January 10, 2017
BAI #5, December 6, 2016
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance to Extend Interim Urgency Ordinance
On file with Clerk - Staff Report
On file with Clerk - Ordinance Summary
CAO ANALYST:
Yussel Zalapa