County of Sonoma releases draft cannabis ordinance and land use amendment
After the review of public comments, the County of Sonoma has released a comprehensive cannabis ordinance and land use amendment covering all aspects of the cannabis business, including growing and selling it to the public.
According to County documents, the proposed General Plan Amendment would redefine cannabis as “controlled” agriculture, which would be a subset of agriculture. The majority of policies related to agriculture in the General Plan would apply equally to cannabis uses. However, the “controlled” designation would recognize that cannabis remains classified as a controlled substance under the Controlled Substances Act, and therefore it is appropriate to subject cannabis to certain additional regulations and limitations compared to other agricultural uses. Cannabis land use permits would no longer be term-limited. Cannabis land use permits would run with the land and could be used by subsequent businesses
A cannabis license program would be initiated. Cannabis License provides the County with a mechanism for registering cannabis businesses. A Cannabis License would allow the County to track cannabis uses and provide local authorization to the State Department of Cannabis Control when operators apply for a state cannabis license. The proposed land use ordinance would remove term limits and allow cannabis uses by right in the Industrial and Commercial zoning districts. It provides for monitoring and inspection to ensure cannabis land uses operate in compliance with all applicable laws and regulations, to protect the regulated industry from competing illicit market operations, and to maintain the public health, safety, and welfare of each community and the county as a whole.
The proposed ordinance includes two separate categories of events: “Cannabis Events” associated with a cannabis use permit or that require a separate use permit due to event frequency, and “Periodic Special Events” for proposed events not associated with a cannabis use permit.
The current ordinance proposal would establish a minimum lot size of 5 acres for cannabis cultivation and processing uses in the agricultural zoning districts (LIA-Land Intensive Agriculture, LEA-Land Extensive Agriculture, and DA-Diverse Agriculture) and the Resources and Rural Development Zoning District (RRD). No minimum lot size is proposed for cannabis uses in commercial or industrial zoning districts, other than development standards which apply to all land uses in those zoning districts.
The proposed Ordinance includes a 100-foot property line setback, a 600-foot setback from all residentially zoned parcels and incorporated city boundaries and continues to implement the 1,000-foot sensitive use setback. The combination of these setbacks is intended to balance competing priorities of neighborhood compatibility while increasing economic opportunities for the industry.
Cultivation in the Industrial zones is allowed by right where urban services (public sewer and water) are available. When urban services are not available, a use permit would be required consistent with other by-right uses in industrial zones. Cultivation in the Agricultural and Resource zones would need to comply with all applicable County standards related to water use.
The proposed ordinance would allow onsite consumption at storefront retailers (i.e., dispensaries) and at permitted cannabis events.
A programmatic EIR for the cannabis land use ordinance will evaluate all environmental impact categories from the CEQA Guidelines: Aesthetics, Agriculture and Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology/Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology/Water Quality, Land Use/Planning, Mineral Resources, Noise, Population/ Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities/Service Systems, Wildfire, and cumulative impacts.
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