Agenda Item
6.8 25-80010:30 A.M. - (Continued from the July 15, 2025 meeting) Consideration of an Interim Urgency Ordinance placing a Moratorium on the Issuance of Use Permits for Commercial Cultivation of Cannabis within the Unincorporated area of the County of Lake (The recommendation is to continue to a future date/time)
Permits being passed under a flawed ordinance that fails to sufficiently address the issues residents are experiencing since it's implementation years ago is absolutely a threat to public health, safety and welfare.
To allow the continuation of permit approvals under this flawed ordinance is egregious. Residents deserve better but yet their voices are ignored.
If current permitted projects were properly being reviewed in accordance with the ordinance already in place, perhaps everyone would have a better understanding of the issues being realized. However, they are not being sufficiently reviewed by the Planning Commission, as required.
Neighboring residents and project wells going dry, insufficient setbacks, complaints that go unanswered/unaddressed and severe violations that should result in a project review or revocation are just some of the concerns.
Staff needs time to do a full evaluation of all the permits already in the county. However staff time appears to be dedicated to getting new permits online. This is evidenced by the number of applications which appear to be moving from sitting in a stagnant state for several years thay are suddenly being sent out for 'agency review' or uploaded to CEQA since the first announcement of a proposed moratorium.
The county owes it to the taxpayers who passed a measure many years approving commercial cannabis, to do a full analysis of the program IN ADDITION to revising the ordinance. A new ordinance cannot simply be streamlined to align with the state. The state is making changes at a pace the county would likely be unable to keep up with.
To say that applications go through a rigorous process with proper oversight is misleading. The number of appeals being brought to the BoS is the highest it has ever been placing even more of a burden on everyone.
Statements made that there is already a de facto moratorium in place due to the requirement of a Water Board NOA letter dated prior to Oct 2020 fails to elaborate on the fact that there are hundreds of unused NOA letter still outstanding in the county and holders of those NOAs could potentially apply at any time.
We are seeing a struggling industry that is affecting the welfare, health and safety of residents. No water is a health, safety and welfare issue on it's own.
The tax revenue is not being realized and growers continue to ask for tax reductions. Why continue to oversaturate an already struggling industry by approving more permits while residents are left to deal with the consequences and current permit holder are opting out or reducing due to a flooded market.
If the industry is not struggling and more permits are justifiable, then the BoS should end the tax reductions immediately.
The Urgency Ordinance suggests that cannabis applications are moving forward without proper local oversight, posing an immediate threat to public health, safety, and welfare. This claim is simply untrue. Cannabis is one of the most heavily regulated industries in California.
The primary purpose of the recent ordinance revisions is to align local regulations with state requirements—these are procedural updates, not changes that compromise public welfare. I have worked closely with Planning Staff for many years, and I can attest to the thoroughness of their process. Applications undergo a rigorous review involving multiple state and local agencies, along with ample opportunity for public input at various stages. Your Planning Staff take their responsibilities seriously and work diligently to ensure every application complies with both local and state laws.
Beyond the internal review process, every cannabis permit application is also subject to CEQA review, a public hearing before the Planning Commission, and an appeals process to the Board of Supervisors. The existing framework already ensures robust oversight and public transparency.
This moratorium is not only unnecessary—it’s harmful. The County already limits eligibility through a moratorium that restricts applicants lacking a Water Board Notice of Applicability issued before October 31, 2020. Adding another layer of restriction places an unfair financial burden on applicants who have already invested tens of thousands of dollars in fees, consultants, and regulatory compliance. A pause of one to two years while a new ordinance is developed would have serious economic consequences for these applicants.
Cannabis operators must comply with oversight from multiple agencies, including the local jurisdiction, the State Water Resources Control Board, the Department of Fish and Wildlife, and the Department of Cannabis Control. Few industries in California face this level of regulation.
This Urgency Ordinance appears to be a reaction to pressure from groups opposed to cannabis rather than a response to any real procedural or public safety concern. Please support your Planning Staff and the integrity of the established land use process. Don’t let reactionary voices derail years of careful work and collaboration.
I previously posted opposition comments on this issue a couple weeks ago. Our current ordinance went through exhaustive review when it was drafted. Revising it after almost 10 years is certainly a good idea, but definitely doesn't meet the criteria needed for an Urgency Ordinance. Our local economy is weak enough right now without County government shutting the door on new farming and the expansion of current successful farms. I would not continue this to a future meeting, my suggestion is to drop this bad idea on Tuesday.