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Voter’s Edge California
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League of Women Voters of California Education Fund
KPBS Voters Guide@KPBSNews
November 6, 2018 — Elección General de California
Condado

El Dorado County
Measure R Ordinance - Majority Approval Required

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Resultados electorales

Se aprueba

50,587 votos si (61.2%)

32,078 votos no (38.8%)

100% de distritos activos (166/166).

90,730 boletas electorales serán contadas.

Cannabis Businesses Tax
— undefined

Shall the measure allowing for the retail sale, delivery, distribution, and indoor cultivation of commercial cannabis for medicinal use on parcels zoned Community Commercial, Regional Commercial, General Commercial, Industrial High, and Industrial Low that are restricted in number and concentration, required to pay a County commercial cannabis tax, and subject to a site-specific review and discretionary permitting process with notification to surrounding property owners and environmental regulation be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “yes” vote is to allow regulated indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for medicinal use within commercial and industrial zones in the unincorporated areas of El Dorado County.

Un voto por el NO significa

A “no” vote is to not allow indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for medicinal use in the unincorporated areas of El Dorado County and to maintain the status quo.

Análisis del analista legislativo / Proposal

County Counsel

MEASURE PROVIDING FOR THE AUTHORIZATION AND REGULATION OF RETAIL SALE, COMMERCIAL DISTRIBUTION, AND COMMERCIAL INDOOR CULTIVATION OF CANNABIS FOR MEDICINAL USE State law legalized commercial cannabis activities within the state, but allows each local government to decide whether to authorize any commercial cannabis activity within its jurisdiction.

The El Dorado County Board of Supervisors voted to place Measure R on the ballot to allow the citizens of the County to decide whether to authorize commercial indoor cultivation, retail sale and delivery, distribution, and transportation of cannabis for medicinal use within the unincorporated areas of the County. The only difference between Measures R and S is that Measure R applies to medicinal use cannabis and Measure S applies to recreational use of cannabis by adults over the age of twenty-one.  If approved by a majority of the voters voting thereon, Measure R would enact El Dorado County Code Section 130.14.320. The Ordinance could become effective only if Measure N passes, which provides for taxation of any authorized commercial cannabis activity and a County regulatory and enforcement program.

Measure R would repeal Section 130.14.250, which currently prohibits medical marijuana dispensaries, and would eliminate the County’s two-year ban on commercial cannabis activities for the uses authorized in Measure R. Neither state law nor the passage of Measure R could legally affect the federal government’s current criminalization of cannabis. Indoor cultivation occurs in a structure with the use of artificial light. Measure R requires the use of 100% renewable energy or the purchase of carbon offsets. The total cultivation operations for all cannabis uses would be 150 for outdoor, mixed-light, and indoor sites, and 75 of the 150 could be indoor. Distribution involves the sale and transport of cannabis and cannabis products between licensed cannabis businesses, but not the direct sale to the public. Transportation involves only the transfer of cannabis and cannabis products between licensed cannabis businesses. Retail sale and delivery involve the sale to qualified patients of cannabis and cannabis products that are tested, packaged, and labeled in accordance with state law. Measure R limits the number of storefront facilities open to the public to 7. 

Measure R limits indoor cultivation and distribution and transportation facilities to parcels zoned Community Commercial, Regional Commercial, General Commercial, Industrial High, and Industrial Low. Retail sale and delivery facilities are limited to parcels zoned Community Commercial, Regional Commercial, General Commercial, and Industrial Low. 

Measure R allows issuance of a permit only after a criminal background check, site-specific environmental review under the California Environmental Quality Act, odor reduction for cultivation, setbacks, screening of the plants from public view, a legal water source, security procedures, use of unmarked vehicles with GPS tracking, and other regulations to protect public health and safety and the environment.  Issuance of a permit requires a recommendation from the Planning and Building Director and hearing before the Planning Commission, with notice to adjacent property owners and Placerville or South Lake Tahoe if the site is within one-half mile radius of either city. Compliance would be enforced through the civil administrative procedures and fines provided for in Measure N and could result in revocation of a permit. 

A “yes” vote is to allow regulated indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for medicinal use within commercial and industrial zones in the unincorporated areas of El Dorado County. 

A “no” vote is to not allow indoor cultivation, retail sale and delivery, distribution, and transportation of commercial cannabis for medicinal use in the unincorporated areas of El Dorado County and to maintain the status quo. 

Michael J. Ciccozzi, El Dorado County, County Counsel 

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

This measure was placed on the ballot by the El Dorado County Board of Supervisors after many meetings with community stakeholders. 

VOTE YES ON MEASURE R. 

Measure N,P,Q,R and S must all pass to provide the County with the money necessary to build stronger enforcement programs targeting illicit market cannabis. A county with less hilly area than our county estimated it would cost an additional $3,100,000 to enforce an unregulated market. Additional money will be required for new enforcement in our county. Cannabis is a significant part of our county’s economy.

This measure will ensure that patients have access to safe affordable medicine in the county. It will authorize the existing retail dispensaries to get permits in the State system. Many county medical patients rely on dispensaries to get their medicine because they can’t grow their medicine.  The existing dispensaries have had no more problems than any other retail businesses in the county.  The measure will authorize several new businesses or locations to open. New businesses will increase jobs in the county.

Give El Dorado county businesses a chance to compete. Many other county’s are getting a head start on El Dorado County businesses. 

Keep El Dorado County money in the County.  These permits will generate new county revenue from commercial sales through legal retail and distribution companies. Estimated revenue from all the measures passed by the voters is $1.900.000 to $52,800,000. If the Board of Supervisors chooses to appropriate the new money it can be used for road repair, law enforcement, First Five, youth trauma prevention, mental health, veterans programs and substance abuse education. 

VOTE YES ON MEASURE R for SAFER ACCESS TO MEDICINE. 

Yesonnpqrs.org 

Rod Miller, Treasurer, Committee Supporting El Dorado County Measure N, P, Q, R & S

Kelly Chiusano, Owner, Pure Life Collective

— Yesonnpqrs.org

Leer la legislación propuesta

Legislación propuesta

AN ORDINANCE PROVIDING FOR THE AUTHORIZATION AND REGULATION OF RETAIL SALE, COMMERCIAL DISTRIBUTION, AND COMMERCIAL INDOOR CULTIVATION OF CANNABIS FOR MEDICINAL USE THE PEOPLE OF THE COUNTY OF EL DORADO DO ORDAIN AS FOLLOWS: Section 1. Section 130.14.320 of Title 130, Article 9 of the El Dorado County Ordinance Code entitled “Retail Sale, Commercial Distribution, and Commercial Indoor Cultivation of Cannabis for Medicinal Use” is hereby enacted to read as follows: ARTICLE 9 – MISCELLANEOUS CHAPTER 130.14 – CANNABIS Sec. 130.14.320 – Retail Sale, Commercial Distribution, and Commercial Indoor Cultivation of Cannabis for Medicinal Use 1. Applicability.

A. The purpose of this ordinance is to permit certain specified commercial cannabis activities and uses in the unincorporated areas of the County, subject to the regulation and control of the Board of Supervisors. While this ordinance was enacted by voters, the Board of Supervisors retains discretion to regulate such uses, including without limitation the density, intensity, number, proximity, location, and environmental standards of such uses without further voter approval.

B. Cannabis is not an agricultural crop or product with respect to the “right to farm” ordinance in Section 130.40.290, the establishments of Agricultural Preserves under Section 130.40.290, or any other provision in this Code that defines or allows cultivation of crops or Agricultural products and nothing in this Chapter shall be construed to the contrary.

2. Definitions. The terms and phrases in this section shall have the meaning ascribed to them in Section 130.14.290(2), unless the context in which they are used clearly suggests otherwise.

3. Limit on the number of commercial cannabis cultivation operations. The maximum number of commercial cannabis cultivation operations in the unincorporated portions of the County shall be limited to 150. This section sets the maximum possible permits only and nothing in this section shall be construed to require the County to issue a minimum or the maximum number of permits.

4. Indoor Commercial Cannabis Cultivation for Medicinal Use.

A. Limitation on use. Indoor commercial cannabis cultivation for medicinal use may be permitted in the Community Commercial (CC), Regional Commercial (RC), and General Commercial (GC), Industrial High (IH), and Industrial Low (IL) zone districts subject to a Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit under Section 130.14.290.

B. The County may place restrictions on canopy size to maintain consistency with other laws, surrounding commercial uses, and neighborhood compatibility.

C. Location. Indoor commercial cannabis cultivation shall not be located within 1,500 feet from any school, school bus stop, place of worship, park, playground child care center, youth-oriented facility, pre-school, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the premises that contains the commercial cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this chapter.

D. Renewable energy source. Electrical power for indoor commercial cultivation operations, including but not limited to illumination, heating, cooling, and ventilation, shall be provided by on-grid power with 100% renewable source, on-site zero net energy renewable source, or with the purchase of carbon offsets of any portion of power not from renewable sources. The use of generators for indoor cultivation is prohibited, except for temporary use in emergencies only.

E. All lights used for indoor commercial cannabis cultivation shall be fully contained within structures or otherwise shielded to fully contain any light or glare involved in the cultivation process. Security lighting shall be motion activated and all outdoor lighting shall comply with Chapter 130.34.

F. Water source. Commercial cannabis cultivation may only be permitted if sufficient evidence submitted to the County demonstrates: (1) there is adequate water supply in the watershed and water rights to serve the cultivation site; and (2) all required state permits from the State Water Resources Control Board and any other state agency with jurisdiction. Cultivation of cannabis shall not utilize water that has been or is illegally diverted from any spring, wetland, stream, creek, river, lake, or body of water.

G. Water conservation measures. Cannabis cultivation operations shall include adequate measures that minimize the use of water for cultivation at the site. Water conservation measures, water capture systems, grey water systems, or other equally effective water conservation measures shall be incorporated into the cultivation operations in order to minimize the use of water where feasible.

H. Screening. Cannabis cultivated indoors shall be screened from public view so that no part of a plant can be seen from an adjacent street or adjacent parcel. Coverings on windows may not be made of tarps, canvas, tinfoil, or other fabrics affixed directly to the wall or window.

I. Odor. The cultivating, drying, curing, processing, and storing of cannabis shall not adversely affect the health, safety, or enjoyment of property of persons residing near the property on which cannabis is cultivated due to odor that is disturbing to people of normal sensitivity. Any cannabis odor shall not be equal or greater than a 7 dilution threshold (“DT”) when measured by the County with a field olfactometer at the property line on which the cannabis is cultivated for a minimum of two olfactometer observations not less than fifteen minutes apart within a one hour period (“7 DT one hour”). If the odor from cannabis cultivating, drying, curing, processing, or storing violates this subsection, the permitted must reduce the odor below the 7 DT one hour at property line threshold within the time required by the County. Notwithstanding the prior issuance of a permit, the County may require installation of one or more odor control options, which may include but are not limited to the use of a greenhouse or hoop house that includes activated carbon filtration or equivalent odor abatement control equipment on the air exhaust, a vapor-phase odor control system, increasing the required setback, growing fewer plants, or growing only low odor cannabis strains. Installation of certain odor control options may require a permit. Any such notice requiring the use of one or more odor control options will provide a deadline for completion and the dilution threshold will be retested upon expiration of that deadline. The continued odor in excess of 7 DT one hour upon retesting will constitute a violation of this section subject to enforcement, abatement, and revocation of the Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit under section 130.14.290.

J. Disposal of waste material. Cannabis waste material shall be disposed of in accordance with existing state and local laws and regulations at the time of disposal. Burning of cannabis waste material is prohibited.

K. Public Sewer or Sewage Disposal System. The premises where the cultivation of cannabis takes place shall either be connected to a public sewer system or have a County inspected and approved sewage disposal system. 

5. Cannabis Distribution Facilities for Medicinal Use.

A. Limitation on use. Distribution facilities for medicinal use cannabis may be permitted in the Community Commercial (CC), Regional Commercial (RC), and General Commercial (GC), Industrial High (IH), and Industrial Low (IL) zones districts subject to a Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit under Section 130.14.290.

B. Location. Cannabis distribution facilities shall not be located within 1,500 feet from any school, school bus stop, place of worship, park, playground child care center, youth-oriented facility, pre-school, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the premises that contains the commercial cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this chapter.

C. Screening. Cannabis within distribution facilities shall be screened from public view so that no part of a plant can be seen from an adjacent street or adjacent parcel. Coverings on windows may not be made of tarps, canvas, tinfoil, or other fabrics affixed directly to the wall or window.

D. A County permit for distribution may be limited to transportation only so long as the Bureau of Cannabis Control allows for a Distributor – Transport only license or the substantial equivalent.

E. Cannabis may only be transported inside of a commercial vehicle or trailer with sufficient security features and GPS tracking. Cannabis or cannabis signage or symbols may not be visible or identifiable from outside of the commercial vehicle or trailer. Transportation by means of aircraft, watercraft, drones, rail, human powered vehicles, and unmanned vehicles is prohibited.

F. As a condition of a permit, the County may require a distributor or transporter to notify the Sheriff’s Office before transporting cannabis within the unincorporated areas of the County.

6. Retail Sale and Delivery of Medicinal Use Cannabis.

A. Limitation on use. Retail sale or retail delivery facilities of cannabis for medicinal use may be permitted in the Community Commercial (CC), Regional Commercial (RC), and General Commercial (GC), and Industrial Low (IL) zone districts subject to a Commercial Cannabis Use Permit and Commercial Cannabis Annual Operating Permit under Section 130.14.290.

B. With the exception of a non-storefront retail facility providing only delivery service, no more than seven (7) cannabis retail storefront facilities that are open to the public shall be permitted at any one time. Concentration of commercial cannabis facilities and proximity to an existing or proposed cannabis retail facility shall be considered in determining whether to grant a permit. Provided that the application for a Commercial Cannabis Use Permit is received within 45 days of the availability of applications for retail sale, the County shall first review and take action on the application of any retail facility selling medicinal use cannabis that was issued a valid temporary license from the Bureau of Cannabis Control by July 17, 2018.

C. Location. Retail facilities, either storefront or non-storefront, shall not be located within 1,500 feet from any school, school bus stop, place of worship, park, playground child care center, youth-oriented facility, pre-school, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the premises that contains the commercial cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this chapter.

D. Retail facilities, either storefront or non-storefront, shall not be established on any parcel containing a dwelling unit used as a residence nor within 500 feet of a residential zoning district.

E. Screening. Cannabis retail facilities shall be screened from public view so that no part of a plant can be seen from an adjacent street or adjacent parcel. Coverings on windows may not be made of tarps, canvas, tinfoil, or other fabrics affixed directly to the wall or window.

F. Cannabis may only be delivered inside of a commercial vehicle or trailer with sufficient security features and GPS tracking. Cannabis or cannabis signage or symbols may not be visible or identifiable from outside of the commercial vehicle or trailer. Transportation by means of aircraft, watercraft, drones, rail, human powered vehicles, and unmanned vehicles is prohibited.

G. As a condition of a permit, the County may require a retailer to notify the Sheriff’s Office of scheduled commercial cannabis deliveries to or from the facility.

H. Hours of operation for retail sale and delivery are limited to 8:00 a.m. to 8:00 p.m. Any delivery must be initiated by a customer by 7:00 p.m.

I. A retail facility shall provide adequate security on the premises, including lighting and alarms, to insure the safety of persons and to protect the premises from theft. Security lighting shall be motion activated and all outdoor lighting shall comply with Chapter 130.34.

7. Ordinance Declarative of Existing Law. Chapter 130.20 of the El Dorado County Zoning Ordinance provides that only uses specifically enumerated are permitted and, unless an exemption applies, any unenumerated use is not allowed within the County. Nothing in this ordinance shall be construed to legalize any existing commercial cannabis activity currently operating in the County, whether it is operating with or without a business license.

8. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter irrespective of whether one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases is held invalid or ineffective.

9. Effective Date. If enacted by a majority of the electorate voting in the election on the measure, this Chapter is effective 30 days after independent ordinances are enacted by the voters of El Dorado County providing for (1) a general or special tax on all of the commercial cannabis authorized herein; and (2) discretionary permitting and enforcement procedures to regulate the commercial cannabis activities authorized herein. If such general or special tax is passed but is challenged or invalidated for any reason, this ordinance does not become effective unless and until the challenge concludes and the tax is upheld as valid. If the general or special tax is challenged for any reason after this ordinance becomes effective and the tax is repealed or invalidated, this ordinance shall automatically expire and be repealed. Section 2. Section 130.14.250 of Title 130, Article 9 of the El Dorado County Ordinance Code entitled “Medical Cannabis Distrib ution” is hereby repealed. Section 3. Section 130.14.270(2) of Title 130, Article 9 of the El Dorado County Ordinance Code entitled “Commercial Cannabis Activities ” is hereby amended to read as follows: 

2. Imposition of Moratorium on Commercial Cannabis Activities.

A. Pursuant to Government Code section 65858, subdivision (b), and with the exception of any existing medical cannabis distribution facilities that satisfy all of the requirements of section 130.14.250(2)(D) of the El Dorado County Code commercial cannabis activity expressly authorized under County Code and operating pursuant to a valid County permit, the establishment or operation of any commercial cannabis activity is prohibited in the unincorporated areas of the County and no use permit, variance, building permit, or any other applicable entitlement for use, including but not limited to the issuance of a business license, shall be approved or issued for the establishment or operation of a commercial cannabis activity for a period of two years from December 12, 2017.

B. With the exception of any existing medical cannabis distribution facilities that satisfy all of the requirements of section 130.14.250(2)(D) of the El Dorado County Code commercial cannabis activity expressly authorized under County Code and operating pursuant to a valid County permit, a facility engaged in a commercial cannabis activity shall not be established, operated, or maintained at any location in any zone district in the unincorporated areas of the County, even if the facility engaged in a commercial cannabis activity is located within or operated with one or more additional otherwise permitted use(s), including but not limited to a health food store, bakery, tobacco shop, retail store, health education facility, health spa, fitness facility, wellness center, or health facility. 

 

 

 

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