Board of Supervisors — 2020-06-11

Cannabis Ordinance Amendments

• Staff presented options for amending land use codes to address conflicts between cannabis cultivation and neighboring agriculture, including odor and pesticide drift concerns.
• The Board directed staff to require Conditional Use Permits for projects where more than 51% of acreage is dedicated to cannabis cultivation.
• Motions passed to ban cultivation in Environmental Designated Rural Neighborhoods, mandate indoor processing with best available technology, and establish a 50-foot setback from property lines.
• Staff was directed to return with a draft ordinance regarding legal non-conforming uses and permit processes, though a final vote on this specific motion was not recorded.

Hearing on Racial Equity and the Criminal Justice System

• Public comments focused on police reform, diversion programs, and opposition to the North County Branch Jail, while officials provided data on jail population reductions and existing treatment resources.
• The Chair stated the Board denounces police brutality and racism but explicitly rejected calls to defund law enforcement.
• Supervisor Williams requested that the Sheriff and District Attorney report back with a plan to reduce incarceration and expand diversion programs.
• Supervisor Williams also requested a CEO recommendation for a working group to identify projects funded by the $500,000 racial equity allocation.

Agenda Item: Departmental Item No. 3 – Cannabis Ordinance Amendments

Staff Presentation and Context

• Staff presented recommendations from the County Planning Commission to amend the County Land Use and Development Code (LUDC) and Article Two Coastal Zoning Ordinance. The presentation addressed conflicts between cannabis cultivation and neighboring agriculture, specifically regarding pesticide drift affecting avocados and grapes. Staff outlined options for a cannabis terpene odor study to determine if wine grapes absorb terpenes, noting potential partners including UC Cooperative Extension and local researchers. Staff clarified the legal distinction between industrial hemp (legal under the 2018 Farm Bill) and cannabis. Additionally, staff explained that requiring a Conditional Use Permit (CUP) for cannabis in the coastal zone would make the use appealable to the Coastal Commission, a change that would also apply to inland zones. Staff presented options for the effective date of the ordinance, including exemptions for applications with final approved permits or those in litigation, and discussed the legal standard for vesting rights.

Public Comment

• Public comments were received via letters and oral testimony. Supporters of CUP requirements, including agricultural stakeholders and local officials, argued for case-by-case review to mitigate odor, traffic, and environmental impacts, and to protect neighboring agricultural industries. Opponents of CUPs, including cannabis industry representatives, argued that the current permitting process is efficient, that CUPs would create unnecessary delays and costs, and that the industry contributes significantly to local tax revenue and jobs.

Discussion and Debate

• Supervisor Lavagnino raised concerns about the practicality of requiring CUPs for all cannabis projects given the high volume of applications and limited staff bandwidth, noting that this could delay approvals and allow unregulated operations to continue. He also expressed concern about changing rules for applicants who had already invested in the current process. Supervisor Williams argued against extending non-conforming uses, citing the economic importance of the industry and the need to avoid prolonged enforcement difficulties. Supervisor Hartman discussed the need to balance nuisance reduction with industry continuation and supported moving the permitting structure forward to allow for enforcement. Supervisor Adam addressed the intersection of land use policies with housing and economic opportunities for people of color.

Motions and Votes

• 1. Motion: To direct staff to use the language presented on the slide titled "CUP requirement options for existing LUP CDP applications."
• Outcome: Passed (3-2).
• 2. Motion: To direct staff to develop a ban on cannabis cultivation and processing in Environmental Designated Rural Neighborhoods (EDRNs).
• Outcome: Passed.
• 3. Motion: To direct staff to require a CUP when more than 51% of the total acreage is proposed for cannabis cultivation.
• Outcome: Passed.
• 4. Motion: To direct staff to require that processing and drying occur in indoor facilities using best available technology, prohibiting outdoor processing and drying.
• Outcome: Passed.
• 5. Motion: To direct staff to establish a 50-foot setback from property lines for cannabis cultivation.
• Outcome: Passed.
• 6. Motion: To provide conceptual direction to staff to return with a draft ordinance regarding legal non-conforming uses and permit processes.
• Outcome: The transcript segment ends before a final vote outcome is recorded for this specific motion.

Agenda Item: Departmental Item No. 4 – Hearing on Racial Equity and the Criminal Justice System

Public Comment

• The Board received extensive public comment, including 50 letters and 34 phone comments, regarding racial equity, police reform, and criminal justice. Speakers referenced the Black Lives Matter movement and local demands, including:
• Financial and institutional support for an annual Juneteenth celebration.
• Updates to the Sheriff’s use-of-force policy to center on de-escalation, ban chokeholds, and implement body cameras.
• Ending isolation/quarantine of inmates attending court or contacting lawyers.
• Implementation of diversion programs and alternatives to incarceration by the District Attorney.
• Creation of an independent civilian review board with investigatory authority.
• Reinvestment of funds from public safety into community-based organizations, education, and youth services.
• Opposition to the construction of the North County Branch Jail and calls to reallocate the $24 million dedicated to its rehabilitation.
• Criticism of disproportionate policing of Black and Latino communities and requests for data transparency regarding jail demographics and conditions.

Official Responses

• District Attorney: Stated that the office offers alternatives to incarceration and diversion programs, which will be expanded. Addressed a request regarding the dismissal or reduction of approximately 1,500 prior marijuana convictions, noting the process is pending court procedures. Clarified statements made in a previous editorial regarding the perception of law enforcement officers.
• Sheriff: Provided data indicating a 39% reduction in jail population from February to May due to COVID-19 protocols. Addressed specific demands:
• 1. Use of Force: Stated the current policy incorporates de-escalation techniques and has included provisions for interceding in excessive force for over 10 years. 2. Isolation/Quarantine: Explained that initial quarantine measures were implemented to prevent COVID-19 spread. Stated that a new plan went into effect on June 2, ending blanket isolation in favor of N95 mask requirements, temperature checks, and medical clearance. 3. Diversion/Treatment: Cited existing programs including the Behavioral Sciences Unit, crisis intervention training, co-response teams, and the CREDO 47 Stabilization Center.
• Clarified that the new North County Branch Jail will not double capacity but will provide rated beds in a modern facility.
• Expressed condemnation of racism and police brutality while advocating for reasoned change rather than defunding law enforcement.
• Public Defender and Chief Probation Officer: Provided remarks during the hearing.

Discussion and Debate

• Supervisor Lavagnino noted that in his district, 82% of residents are people of color, and crime victims and perpetrators are predominantly people of color. He expressed commitment to identifying systemic racism and defended the need for a modern jail facility with mental health capabilities. Supervisor Williams stated support for Black Lives Matter and Juneteenth demands, urging white residents to actively support these demands and stating that defunding the police is "absolutely necessary." Supervisor Hartman noted that historically, 70% or more of jail inmates were pre-trial detainees, some of whom were innocent, and urged the justice system to move faster to reduce incarceration rates.
• The Chair provided a response on behalf of the Board, stating that the Board denounces police brutality, racism, and white supremacy. The Chair stated they do not denounce law enforcement officers as a whole but acknowledged that individuals who engage in evil behavior should be removed. The Chair explicitly stated they will not call for defunding the police and rejected the premise that the United States is inherently racist.

Motions and Votes

• 1. Motion: To adjourn the hearing.
• Outcome: Passed unanimously.
• 2. Request: Supervisor Williams requested that the Sheriff and District Attorney, in collaboration with other justice partners, report back to the Board with a plan to reduce incarceration as the Northern Branch Jail reopens, including the need for additional diversion programs.
• Outcome: No specific motion or vote was recorded for this request in the provided text.
• 3. Request: Supervisor Williams requested that the CEO report back with a recommendation for a working group of county leaders to identify projects to be funded by the $500,000 set aside for racial equity.
• Outcome: No specific motion or vote was recorded for this request in the provided text.