RESOLUTION No. ~.4-140

Transcription

1 RESOLUTION No. ~ OF THE BOARD OF SUPERVISORS OF THE COUNTY OF NEVADA RESOLUTION CALLING A SPECIAL ELECTION FOR, AND AUTHORIZING THE SUBMISSION TO THE VOTERS OF, A BALLOT MEASURE REGARDING MEDICAL MARIJUANA CULTIVATION, AND CONSOLIDATING THE SPECIAL ELECTION WITH THE NOVEMBER 4, 2014, STATEWIDE GENERAL ELECTION WHEREAS, on June 16, 2013, the Nevada County Elections Official received a Notice of Intention to Circulate Petition for an initiative to repeal Nevada County Ordinance No regarding Medical Marijuana Cultivation and establish new regulations regarding the size, location and manner in which medical marijuana may be cultivated in Nevada County; and, WHEREAS, on July 3, 2013, the County Counsel prepared a ballot title and summary as required by law, designating the proposed initiative as the Medical Marijuana Cultivation Measure ("Measure"); and, WHEREAS, the proposed Measure would amend existing law regarding the size of cultivation areas by (a) increasing the maximum square footage allowed for indoor cultivation in all areas of the County; (b) eliminating square footage limitations and increasing the number of plants allowed in outdoor grow areas for properties over two acres located in R-1, R-2 and R-3 residential zones; (c) eliminating square footage limitations, using plant counts to establish outdoor cultivation limitations, and increasing the maximum size of indoor and outdoor grow areas on properties located in residential-agricultural (RA), agricultural (AG and AE), forest reserve (FR) and timber production (TPZ) zones; and (d) eliminating cultivation restrictions for properties in all other zoning districts; and, WHEREAS, the proposed Measure would also amend existing law regarding the allowed locations of cultivation areas by, among other things, (a) reducing required distances between cultivation areas and adjacent residences; (b) reducing required distances between cultivation areas and schools, churches, parks and other youth oriented facilities from 1000 feet to 600 feet; (c) eliminating requirements for minimum distances between cultivation areas and school bus stops, school evacuation sites, and outdoor living areas on adjacent parcels; and (d) eliminating various nuisance control regulations and restrictions pertaining to the cultivation of marijuana including odor control, noise, dust, traffic, lighting, anti-glare, noxious gasses, and smoke restrictions, fencing and security requirements, and the requirement that tenants obtain written, notarized consent to cultivate medical marijuana from the legal parcel owner; and,

2 WHEREAS, on Apri122, 2014, the Nevada County Board of Supervisors received certification from the Nevada County Elections Official that the Medical Marijuana Cultivation Measure had received sufficient, valid signatures to be considered for adoption by the Board or by the voters of Nevada County pursuant to Elections Code section 9116; and, WHEREAS, Elections Code section 9116(b) authorizes the Board of Supervisors to immediately call for a Special Election on the proposed Measure pursuant to Elections Code section 1405(a); and, WHEREAS, on Apri122, 2014, the Board duly considered its options pursuant to Elections Code sections 9116(b) and 1405(a), and directed that the Medical Marijuana Cultivation Measure be submitted to the voters for consideration; and, WHEREAS, Elections Code section 1405(a)(2) provides that where it is legally possible to hold a special election on an initiative measure during the period between a regularly scheduled statewide direct primary election and a regularly scheduled statewide general election in the same year, the special election on the initiative Measure may be held on the same date as, and be consolidated with, the statewide general election; and, WHEREAS, pursuant to Elections Code section 1405(a) it is legally possible to hold the Special Election on the proposed Measure between July 21 and August 3, 2014; and, WHEREAS, the potential dates for a Special Election on the proposed Measure occur during the period between the regularly scheduled statewide direct primary election on June 3, 2014, and the regularly scheduled statewide general election on November 4, 2014; and, WHEREAS, consolidating the Special Election with the 2014 statewide general election significantly reduces the cost to taxpayers for conducting a special election while providing for the highest level of voter participation in the initiative process. that: NOW, THEREFORE, BE IT RESOLVED by the Nevada County Board of Supervisors The foregoing recitals are adopted as findings of the Board of Supervisors as though set forth fully herein. 2. Pursuant to the provisions of Elections Code sections 9116(b) and 1405(a)(2), the Board of Supervisors hereby calls a Special Municipal Election to be held and conducted in and for the County of Nevada on Tuesday, November 4, 2014, for the purpose of submitting the Medical Marijuana Cultivation Measure ("Measure") to the voters of Nevada County, and further orders that the Special Municipal Election be consolidated with the Statewide General Election to be held on November 4, 2014.

3 3. The Board of Supervisors hereby submits to the voters of the County of Nevada, the following Measure: COUNTY OF NEVADA MEASURE Shall medical marijuana cultivation in Nevada County be allowed to expand by amending the County's General Code to (a) increase the allowed sizes of cultivation areas; (b) reduce or eliminate setback requirements between cultivation areas and adjacent residences and sensitive uses; and (c) eliminate various marijuana cultivation regulations and ~est~^ictions related to nuisance control? Yes No 4. The Measure shall pass only if a majority of the votes cast by the voters voting on the Measure are "yes" votes. In the event a majority of the electors voting on the Measure vote in favor thereof, the Nevada County General Code shall be amended to read as set forth in E~ibit "A" attached hereto and incorporated herein and, pursuant to Elections Code section 9122, shall become effective ten (10) days after the date the vote is declared by the Board of Supervisors. If the Measure is not approved by a majority of the electors voting on the Measure, then it shall be deemed null and void. 5. The Nevada County Registrar of Voters is hereby directed to prepare and conduct all functions for the Special Election and canvass the returns of the election as set forth in the Elections Code for a special election which is consolidated with a statewide general election, and to do all things required by law to present the proposed Measure to the electorate, including but not limited to, preparing and publishing all required postings, noticings and filings. 6. The text of the proposed Measure shall be as set forth in Ea~hibit "A" attached hereto and made a part hereof. The Nevada County Registrar of Voters is hereby directed to print the full text of the Measure in the voter information pamphlet mailed to all voters in the County of Nevada. 7. Pursuant to Elections Code Section 9160(b), the Board of Supervisors hereby directs the County Counsel to prepare an impartial analysis of the proposed Measure. Arguments for and against the Measure may be filed and published consistent with Elections Code Section 9162, et seq. 8. The Clerk of the Board is hereby directed to submit a certified copy of this Resolution to the Registrar of Voters for the County of Nevada within five (5) business days after its adoption.

4 EXHIBIT A FULL TEXT OF [3ALL0'T MEASURE ORDINANCE NO. AN ORDINANCE OF THE COUNTY OF NEVADA REPEALING ORDINANCE NO AND ENACTING AN INITIATIVE ORDINANCE REGARDING MEDICAL MARIJUANA CULTIVATION THE PEOPLE OF THE COUNTY OF NEVADA ORDAIN AS FOLLOWS: ~F,r'TTnN T' "Whereas a majority of Nevada County citizens voted for Prop 215, and Whereas the intent of Prop 215 and SB 420 Health &Safety Code Sec was to insure that any patient in need of Medical Marijuana has safe, affordable and convenient access to Medical Marijuana, and Whereas Medical marijuana has been found to be an effective therapy for treating many conditions and debilitating diseases, and Whereas the California Attorney General's "Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Purposes acknowledges Collectives and Cooperatives that provide medicine for their members comply with State law, and Whereas the California Supreme Court in the City of Riverside v. The Inland Empire Patients Health &Wellbeing Collective decision acknowledged that it was incumbent on citizens to use the initiative process to define regulations in their communities, Whereas strict regulations ensure the non-diversion of Medical Marijuana into the illicit drug market, THEREFORE, BE IT RESOLVED that the County of Nevada does hereby enact the following: Section 1. TITLE These provisions of the Nevada County General Code shall be known as the Safe Cultivation Act of Nevada County. Section 2. PURPOSE AND INTENT To help ensure that Qualified Patients of Nevada County can cultivate or obtain cannabis for medical purposes when deemed appropriate by a licensed physician in accordance with CA law To create clear guidelines for the cultivation, distribution, transportation, storage, and use practices for Medical Marijuana in unincorporated areas of Nevada County. To amend Ordinance #2349 Article 5 of Chapter IV of the Nevada County General Code pertaining to the cultivation of Medical Marijuana and replace it with the Safe Cultivation Act of Nevada County. Nothing in this Ordinance purports to permit activities that are otherwise illegal under state or local law. Section 3. DEFINITIONS Marijuana sha11 be defined as the usable medicinal parts of the plant.

5 (a) "Usable marijuana" means the seeds, leaves and flowers of marijuana and any mixture or preparation made from marijuana. (b) The term does not include the stalks or roots of the plant. Qualified Patient, Qualified Caregiver, Collective are the same as those in Health and Safety Code Sec (SB420). Indoor Cultivation shall apply to any legal structure, such as, a Primary Residence, Guest House, Out-buildings, Barns, as defined by Nevada Count Code. For purposes of this ordinance, the use of a Greenhouse is considered "outside cultivation. Section 4. LAND USE CODE AMENDED (1) Ordinance #2349 Article 5, Chapter IV of the Nevada Cotmty General Code is hereby repealed and replaced as follows: (A) Medical Marijuana Cultivation may only be undertaken by Qualified Patients) or a Qualified Primary Caregiver on a Legal Parcel or a Legal Premises that is occupied by at least one Qualified Patient or Qualified Caregiver. (B) Pursuant to this Ordinance, Collectives and Cooperatives that receive compensation for actual expenses incurred in carrying out activities that are in compliance with these guidelines, including reasonable compensation incurred for services provided to the members or the organization, shall not be subject to prosecution or punishment either civilly or criminally, solely on that basis. (C) Indoor Cultivation may occur within any legal structure that meets all applicable provisions of the County's Land Use and Development Code. Cultivation within any detached accessory structure that does not meet the definition of Indoor, such as a Greenhouse, shall be considered Outdoor Cultivation. (D) All electrical and plumbing used for Indoor Cultivation of Medical Marijuana shall be installed according to all applicable County Codes. (E) The following limitations apply to Cultivation of Medical Marijuana located on Residential properties within the unincorporated area of Nevada County. (1) Premises located within any area zoned primarily for residential uses (e.g. R-1, R-2 or R-3) shall be limited to the following: a. The defined areas of cultivation are in accordance with this section, and the cultivation does not exceed the allowances listed below. 1. Indoor Grow areas are restricted to one hundred (100) square feet in R-1, R-2, and R-3 zones. An additional allowance of one hundred (100) square feet of indoor cultivation is allowed if two (2) or more patients live on the property. a. The indoor space maybe divided to allow for a Vegetative Room and a Flowering Room. The total cultivation area shall not exceed the maximum allowable space. b. Indoor Grows in Residential Zones R-1 R-3 shall not exceed two hundred (200)square feet regardless of the number of qualified patients that live on the premises.

6 c. Precautions shall be taken to mitigate the odor, light, or noise from disturbing neighbors, i.e., install carbon filters and block light from escaping outside the Cultivation Room. 2. R-1, R-2, and R-3 Parcels on less than two (2) acres are limited to Indoor Cultivation only. 3. Residential Parcels located in Residential Zones R-1, R-2, or R-3, over two (2) acres are restricted to twelve (12) immature plants or six (6) mature plants for Outdoor Cultivation regardless of the number of qualified patients that reside on the parcel. 4. The use of Greenhouses is encouraged to control odors, obscure the garden from public sight, and increase safety measures. If enclosed within a Greenhouse, the plant count on R-1, R-2, and R-3 parcels over two acres shall be increased to twelve (12) mature plants. (F) The following limitations apply to the Cultivation of Medical Marijuana for properties zoned RA, AG, AE, FR, or TPZ, located within the unincorporated area of Nevada County. Indoor and Outdoor Cultivation may occur simultaneously. 1. For parcels less than five (5) acres, twenty-four (24)immature or eighteen (18) mature plants may be cultivated outdoors. One hundred (100) square feet of Indoor Cultivation per Qualified Patient is allowed with a maximum of two hundred (200) square feet regardless of the number of members patients in the Collective or Cooperative. 2. For parcels five (5) acres, but less than ten (10) acres, thirty-six (36) immature or twenty-four (24) mature plants may be cultivated outdoors. One hundred (100) square feet of Indoor Cultivation per Qualified Patient is allowed with a maximum of three hundred (300) square feet regardless of the number of members in the Collective or Cooperative. 3. For parcels ten (10) acres, but less than twenty (20) acres, forth-eight (48) immature or thirty-six (36) mature plants may be cultivated outdoors. One hundred (100) square feet of Indoor Cultivation per Qualified Patient is allowed with a maximum of four hundred (400) square feet regardless of the number of members in the Collective or Cooperative. 4. For parcels twenty acres (20), but less than thirty (30) acres, a total of sixty (60) immature or forty-eight (48) mature plants may be cultivated outdoors. One hundred (100) square feet of Indoor Cultivation per Qualified Patient is allowed with a maximum of five hundred (500) square feet regardless of the number of members in the Collective or Cooperative. 5. For parcels thirty (30) acres or more, a total of ninety-nine (99) immature plants or sixty (60) mature plants may be cultivated outdoors. One hundred (100) square feet of Indoor Cultivation per Qualified Patient is allowed with a maximum of six hundred (600) square feet regardless of the number of members in the Collective or Cooperative.

7 (G) The following setbacks shall apply to all Outdoor Cultivation areas and shall be rrieasured in a straight line from the nearest point of the Cultivation area to the nearest exterior wall of the neighboring primary living structure and/or rental units if occupied. (1) On all Residential R-1, R-2 and R-3 Parcels, the Cultivation Area shall be at least one hundred (100) feet from any legal residence located on an adjacent separate Legal Parcel measured from the edge of the cannabis garden to the closest exterior wall of the primary residence next door. (2) On all Parcels zoned RA, AG, AE, FR, or TPZ, the Cultivation Area shall be at least two hundred (200) feet from any legal residence located on an adjacent separate Legal Parcel measured from the edge of the cannabis garden to the closest exterior wall of the primary residence next door. (3) Pursuant to CA State law, all Marijuana Cultivation Areas shall be at least 600' (feet) from any School, Church, Public Park, licensed Child Care Center, or any facilities that primary cater to children. (4) Marijuana shall not be visible from the Public View at any stage of growth when viewed from ground level. (5) Wherever Medical Marijuana is grown, a copy of a current, valid State-issued MMJ Identification Card, or Physician Recommendation or Affidavit shall be posted inside the Cultivation Area. Severability of provisions The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application." SECTION II: EFFECTIVE DATE, OPERATIVE DATE &POSTING. This Ordinance shall be adopted as provided by law, if approved by a majority of the voters voting on the Measure, at an election to be held November 4, 2014, and shall go into effect ten (10) days after the Board of Supervisors has, by Resolution, declared that the ballot measure was approved by a majority of voters voting thereon. If this Ordinance is not approved by a majority of the voters at the November 4, 2014 election then it shall be null and void. The Clerk of the Board for the County of Nevada shall cause this Ordinance to be posted and published in accordance with the law.

8 PASSED AND ADOPTED by the Board of Supervisors of the County of Nevada at a regular meeting of said Board, held on the 22nd day of Apri12014, by the following vote of said Board: Ayes: Noes: Supervisors Nathan H. Beason, Edward Scofield, Terry Lamphier, Hank Weston and Richard Anderson. None. ATTEST: Absent: Abstain: None. None. DONNA LANDI Clerk of the Board of Supervisors 04/22/2014 cr. County Counsel* Sheriff* Registrar of Voters*