Board of Supervisors — 2018-10-22

California Coastal Commission Certification with Modifications of the Cannabis Land Use Ordinance

• Staff presented the Local Coastal Program Amendment, detailing four groups of modifications including updated definitions, removal of unrelated language, and substantive changes to cultivation standards.
• Key substantive changes include a two-mile ban on outdoor cultivation near the urban-rural boundary, a 51% on-site growing requirement for accessory manufacturing, and a 25-mile sourcing limit.
• The Board clarified that hoop houses are subject to the outdoor cultivation ban and that odor control requirements apply to all cultivation types within the coastal zone.
• The Board voted to accept the Coastal Commission’s certification with modifications, determine the action is not subject to CEQA, and direct staff to transmit the resolution for final acceptance.

Agenda Item: California Coastal Commission Certification with Modifications of the Cannabis Land Use Ordinance (Local Coastal Program Amendment)

Discussion and Presentation

• Staff presented the background of the Local Coastal Program Amendment (LCPA), noting that the Board previously adopted ordinances regarding commercial cannabis activities in unincorporated areas. The California Coastal Commission certified the LCPA subject to four groups of modifications. Staff detailed these modifications: 1. Definitions: Added definitions from the business licensing ordinance to the Article 2 coastal zoning ordinance to ensure consistency and removed terms specific to medical marijuana regulations. 2. Unrelated Language: Removed language related to other pending, uncertified local coastal program amendments to ensure the certified document reflects current codified law. 3. Substantive Changes:
• Removed references to uncertified external documents.
• Clarified that nursery cultivation is subject to the same development standards as other cultivation, with a specific 600-foot buffer from sensitive receptors (compared to 750 feet for other activities).
• Restructured the use table to identify cultivation as the principally permitted use in Ag 1 and Ag 2 zones, with manufacturing and distribution as accessory uses.
• Incorporated the 186-acre cap on cultivation within the Carpinteria Agricultural (CA) overlay from the business licensing ordinance into Article 2.
• Two-Mile Ban: Added a prohibition on outdoor cultivation within two miles of the urban-rural boundary. This ban applies to the coastal zone and encompasses areas previously subject to specific lot-size prohibitions.
• 51% On-Site Requirement: For accessory manufacturing or distribution on Ag 1 or Ag 2 lots, at least 51% of the cannabis must be grown on the same lot.
• 25-Mile Sourcing Requirement: Cannabis processed as an accessory use must be sourced from agricultural lands within 25 miles of Santa Barbara County.
• 4. Business Licensing Ordinance: The Coastal Commission rejected the certification of the entire business licensing ordinance, citing that many requirements were unrelated to the Coastal Act. However, they incorporated specific land-use controls from that ordinance into Article 2.
• Staff clarified that the two-mile ban applies only to the coastal zone, not the inland areas. Staff also noted that odor control requirements apply to all forms of cultivation (indoor and outdoor) in the coastal zone. Staff indicated an intention to revisit the ordinance in approximately one year to address implementation issues and provide an enforcement update.

Public Comment

• Carpinteria Valley Association: Requested the adoption of the ordinance with the Coastal Commission’s modifications, citing the need for enforcement and odor control. They supported the two-mile ban on outdoor cultivation.
• Kate School Representative: Expressed support for the certification and the two-mile buffer, citing recent odor issues and safety concerns (robberies/invasions) in the Carpinteria Valley.
• Cannabis Business Council: Thanked the Board for expediting the process, noting that harvest season is approaching and odor issues are likely to be significant.
• Carp Growers Association: Supported the modifications and implementation of the ordinance, thanking the Coastal Commission for balancing community and industry interests. They supported the prohibition on outdoor cultivation in the Carpinteria Valley.
• Other Comments: One speaker raised concerns about a previous rejection of a home remodel permit and alleged mistreatment during a prior public meeting, stating they were ordered out of a meeting and threatened by a guard. Another speaker provided a brief greeting.

Questions and Clarifications

• Supervisor Hartman: Asked for clarification on whether the two-mile ban applies to ag parcels within the urban area in the coastal zone. Staff confirmed that all outdoor cultivation within the two-mile buffer is banned.
• Supervisor Lavagnino: Asked how the modifications affect hoop houses. Staff clarified that hoop houses are treated as outdoor cultivation and are therefore subject to the two-mile ban in the coastal zone. Staff also confirmed that odor control requirements apply to all cultivation types.
• Supervisor Wolff: Asked about the timeline for reviewing the ordinance. Staff confirmed a review is planned in approximately one year to assess enforcement and make necessary amendments.
• Staff (Gazzone): Noted that an amendment to the business licensing ordinance is scheduled for November 13 to remove language requiring Coastal Commission certification for the ordinance to be operational in the coastal zone.

Motion and Vote

• Motion: To receive notice of the California Coastal Commission’s certification with the four modifications, adopt a resolution acknowledging receipt and accepting the modifications, determine the action is not subject to CEQA, and direct staff to transmit the resolution to the Coastal Commission for final acceptance.
• Second: The motion was seconded.
• Vote: The motion passed.
• Outcome: The Board accepted the Coastal Commission’s certification with modifications.