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Home My WebLink About5-3-11 Corres Nina LambertTo: From: Re: ,~ ° r CHARLES and NfNA LAMBERT 1643 Chico River Rand Chic, Ca~~orrtia 95925 Fhane: 530-342-378f! May 2, 20I1 Supervisor Larry Wahl TTina Lambert BOARD 0~ SEJP~RVlSORS MAY 0 ,3 2Q11 OROVILLE, CAI.IFORIV?A Post-ita fax Note 7671 oa~~~ paces- To From CalOept. Co. Phone rt.-~ ~ a G J ~~ f none k ~~( ~ F ~.~y. Fax rr Medical Marijuana Cultivation Ordinance Chapter 34.A While I plan to attend the meeting at the Elks Club on May 4, I don't believe I can cover my concerns in the twa minutes allowed each speaker. I also believe it is easier to follow an Outline v~~th references to the language in the Ordinance when attempting to r~aake a point. Therefore, l am enclosing rri..y Outline and comments, and hope you will have time to review them before the Ordi.raance is approved and adopted. My si~xcere appreciation far the time anal effort you put in as Supert~zsor? 6'~ L890 6680£9 }}osoaoiW dBS~Z 6 6 4 SO ~~W Pages S and 6 F1TTD11NGS AND PURPOSE Does not prohibit `individually, collectively, or cooperatively" grows granted by State law: Page 13 - 34A-5 Registration; Cultivation Requirements Page 7.4 - Li3aes 12 -Lutes 17 Registration not required for parcel sizes 1.5 acres or less. Registration should be required for ALL parcel sizes. a) Need to lcnaw r~rhere ALL grows are located to protect setbaclrs from "proposed" construction, etc. mentioned on Page 19 (34A-9) Notice Regarding Change in Land Use. Page 3, Line 11 Definition of "premises". A single, legal parcel of property. Where cantiguoras legal parcels are under Common ownership ar control, such contiguous legal parcels shat! be counted as a single premises for purposes of this Chapter. a) By includvng contiguous legal parcels it could increase the amount of acreage beyond the 1.5 acres or less, and therefore also increase the number of plants allomred to be grown by an individual, collective, or cooperative. These smaller parcels are located in a "residential" type setting as opposed to larger parcels in a zx-ore rural setting. The neighborhood impacts increase as well. Registration of these srraaller parcels would be helpful far enforcement purposes. Page 18, Line 15 and Page 19, 34A-9 "Change in band Use" onl}~ applies to "Registered" parcels aver 1.5 acres in size_ Page 6, Lines 2 _ 4 Rather, the intent and purpose of this Chapter is to establish reasonable regulatiozts upon the manner in which marijuana may be cultivated, including restrictions on the amoumt of marijuana that may be individually, eollectiveiy, or cooperativvely cultivated in any location or premises, in order #a protect the public health, safety, welfare and environment in Butte County. Does 12 plants (TOTAL) on parcels 1.5 acres or less mean "TOTAL"? Or, does this mean for an "individual" grow- -- far their own use? Tf a "collective" or "cooperative" is formed, is the number of plants multiplied by the number of members in the "collective" or "cooperarive"`? Z'd L8906680£9 ~oso~~iW ~8£~ZG 6L£O~cW Page 15 ,Line 2S -Setbacks ..."the cultivation of marl jaana on premises of one (11 acre in sire".... Should this be l.5 acres or less ire size? lfnot, why the chan8e to one (1} acre in size? Page 17, Lines 5 to 12 Outdoors within ome hundred .~ifl$} feet of any occapied residential stractare located on a separate legal parcel, provided, however, that any person caltivating no more than 6 mtature or 12 immatare marijuana plants (or 12 marijuana plants #otal with no xn.ore than six {6) m~atare plants in such combination} shall not grow outdoors rvithiz~ thirty (34} feet of any occupied reside~atial structure located on a separate legal parcel. Why does the number of punts reduce the distance frozx~ an occupied residential structure's Page 18, Lies 6 thru 14 Permission of Property Owner Does this include parcel sizes 1.5 acres or less? If not "Registered" -how w711 Violations, EnforceinerEt, and Abatement procedures listed on pages I9, 20, and 21 be in~ple~ented? Fage 18, Lines 16 thru 2S Fencing Is this fence to be situated entirely on the growers ``premises" -or will Department of Development Services approve attaching a 6 foot or higher "solid or opaque" fence to an existing property line fence? Page 27, Lines 24 to 25 The appellant shall be responsible far the cost of the appeal and record; provided, ho~vever, if the Board upholds the anneal artd,~urds that na vialatian.exrsts then the cost a€ the appeal shall be bonne by the County. Clarification requested. Who is the appellant in this type situation? Page 37, Lines 1. to 11 No Duty to En€orce Clarification requested. Is this because this is a "band Use Issue" res. a "Legal issue"? 2 E'd L890~680E9 }}aso~oiW d8£~Z4 6!. EO~eW '~`''~~ri'4~r--u RE: Butte Coon Medical Marijuana Ordinance r~ ~ . 34A-2 FINDINGS ANI} P[1RPOSE Pages 5 and 6• (j) Purpose and S»tent of this Chapter (Qrdirlance) to comply with. Preposition 215 anal Senate Sill 420. and towards that end; is not intended to prohibit persons from "individually collectir%ely or coo erativel • exercising any right atherw7se granted by State lar~T. Rather, the intent and purpose of this Chapter is to establish reasonable regula€ions upon the manner in which marijuana naa ~ be culti~~ate includin restrictions an the amount of rriariiuaaa thatmav be individually, collectively, and coo~erativel cultivated in arty location or premises, in order to protect the public health, safety, vc+elfare and enviroment in Butte County. 34A-3 DE~`INITIONS Pages S and 9:_ {~) Q: if a "Collective" or "Cooperative" is established, (to culfiiva#e rnarijua.r3a for medics! purposes), does that mean the number of plants can be increased an any given parceUpremises and rrtultiplied by the number of persanslrnembers %n a given "collective" or "cooperative"? (~xarnples): Page 11 lie: 1.S acres or Less Total plants =12 Q: Zf 5 people establish a "callecti~re" or "cooperative" to grow nnedical marijuana, how many TOTAL lasts could they grow oz~ a parcel 1..5 acres or less in size? If a .5 acre lot= can they draw 12 plants x 5 = 60 Tota! plants? If a..75 acre lot =can they grow 12 plants x S = 6Q Total plants? Xf a 1.0 acre lot =can they grow l 2 plants x 5 = f 0 Total plants? If a ] .~ acre lot =can they grow l2 plants x 5 = 60 Total plants? -OIt- Q: Dues TOTAL ai 1~2 plants on a parcel 1.S acre or less mean a TOTAL of 12 plants based on size oft parcellpremises and meeting setbacks from boundaries, residences, etc....? (m] "Premises" =single, legal parcel. Contiguous legal parcels under same ownership or control, shall be counted as a single `premises" for purposes of this Chapter. Q if several parcels considered as (1) one parcel, does this increase the number of plants that can be grown. by increasing the Total acreage "premises" size? ~ ~. ~'d L890~680£4 3t~se~c!W a8£~ZL 46 £O~eW I.3 acre or Less parcel size ~ would allow 1? Total plants. 1.5 to 20 acre parcel size =would increase 12 Total plants to 24 plants. Then multiply by the number of members in a "collective" or "cooperative"? -az~d- possibly "waive" setbacks because of "odd" parcel eonfiguatian? (See page 15 {2) - 34A-G -Setbacks Re; premises l .~ acres or less}. Page 12: {Clarification requested relative to above questions -and- following language.} VVb.etlaer mature or immature plants -regardless of tits number of qualified pa#ients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, such limitations shall he imposed noth~vithstanding any assertion that the persoo:s cultivating marijuana are the primary caregivers for qualified patients or that such persons are collectively or cooperatively cultivating marijuana. And further, alI persons cultivating marijuana an the premises or participating directly or_ indirectly in the cultivation mus# lie Butte County residents. Page 13 --14 REGISTRATION• CULTIVATION RE UIREMENTS• PREMISES LESS TRAN 1.5 ACRES 1N SIZE 34A-~ b ND REGISTRATION REQUIRED. Q: W17y is registration NOT required far ALL_.,,parcels? a) Invohres closer relationship witlrin residential areas than on larger acreages. l~) More "nuisance" impact than where larger parcels are involved. c) ~Ti~'hy nat require "Registration" without afee; -or- for a modest fee of $10.00 to S5p.00? This would provide a more accurate record of plantings, etc. far implementation and enforcement of the Ordinance without an exeessirtre fee charged. d} This would assist Page 18 -- 34A-9 (Line 15) -- NOTIFICATION BY DDS IF "REGISTERED" PREMISES. {Line 15) e} This would assist Pa a 19 - 34A-9 -"Cha~a a in Land Use" and determining existing cultiz~atian tivithin a setback if all parcel sizes registered including up to 1.5 acre in size. I?a~e, t6 - Line_?5 (Continued on Page 17 -Line 1) Re: 34.A-6 SETBACKS ...provided, however, that the cultivation of marijuana on premises of one (~ acre in size or less, whether gra~y-n collectivel3r or individually, in any amount or quantity, shall not...., etc. UESTION: Why language changed to "one (1) acre or less" instead of "(1.5} acres or less"? 2 S'd L8906680£9 t}osa~oiW ~8£~ZL l l £4~eW Page IT- Se~inning_Line ~ 2 Outdoors +-vithin (I4i3) feet of any Deco led residential struettxre located on a se Grate le al a,~ reel, provided, however, that any person cultivating no more than {6) mature or (12) immature marijuana plants {or 12 marijuana plants total ~v-itlz no more than six. (6) mature plants in such combination.) shall not grow outdoors rPVithin thirty {34) fee# of any occ~u led residential structure located on a separate legal parcel Q, Is tlxe difference in distance (140 feet vs. 30 feet) determined by whether there is a "callective" or "cooperative" vs. and "individual" grow? Pa a l8 Line 34A-7 PERMISSIOI\ OF PROPERTY OWNER if person.(s) cultivating marijuana on anv legal parcel is not the legal owner of the propert}j...they shall submit a natoraized letter fram the legal owner(s) cansenting to the cultivation of marijuana on the parcel. Letter to be exa~an:iur~ed by DD8 and returned to submitter OlTES~'ION: If parcels l.5 acres in size or less are Dot required to "Register" haw• will the pernnission of the legal o,,vner of the property be obtained and be available to implement ~~ifiolations Enforcement and Abatement rocedures" listed on a es 19 20 and ~1? 34A-8 FENCING ,SLines 16 thr~ 25) ALL fln.arij~uana grown outside of any building must be fully enclosed b;v a salid and opapue fence [af approved material 6}~ DDSI at least b fee# in het lit -or- a height sufficient t:o conceal the marijuana lasts from view whichever is hi ber. should the marijuana plants} grow higher than the fence, either (1}the plants shall be cut so as to not extend higher than. such fence or (2) the persazr g_.rowing marijuana plants_ shall install a fence sufficient to conceal the marijuana plants from public view andand c~~ with all a licable Eutte Coun ermit re uirements. UESTION: Is there a setback from a ro erty line fencin If so, what is the setback from ~existimg property line fencing? Is the "6 foot, or higher, opaque fence material approved by DDS to be attached #a my existing fence" -or- to be setback and laced entirel an the rower's roe /remises? The fence must be adequately secure to prevent unauthorized entry. Bushes or hedgerow shat! not constitute an adequate fence under this Chapter, 9'd L890 6680£5 ~yosoaatW d6£~Z 6 6 6 £0 ~eW Page 19 LLine 3) (See also Page 13 --Registration, apd Page 20 -Abatement) 34A-9 NOTICE REGARDING CI3ANGE OF LAND TJSE Proposed construction or operation of a new or relocated school, school bus stop...etc, encouraged to consider ti~vhetheT the proposed location is within the setback of a registered premises upon which marijuana is cultivated. 1lotwithstanding the xequire~nents of 34A-5, upon request, Butte County ADS shall inform grower and owr-er of the properly whether thexe is a registered premises within the required setback. NOTE: SEE PAGE 13 34A-5 {b) = NO REGISTRATION REOUII2ED FOR PARCELS LES5 THAN 1.5 ACRES YN SIZE. 34A-12 ABATEMENT PROCEDURES Page 27 - {Liuaes 20 thrc€ 25) "The appellant shall be responsible for the cost of the appeal and record; hoR ever, if the Board holds the anneal and finds that no Y~iolation exists then the costs of the_appeal shall be borne b the Coup •. OUESTION:_ X) Please clarify this statement. 'Chic language "upholds the appeal and finds no violation exists" appears to assume the appellant is a property owner or tenant cultivating marijuana - is this coxxect? 2) if so, what if a neighbor appeals the cultivation of marijuana, and the Board finds that no violation exists, would the cost of the appeal be bartae by the County? 3) if th.e Board upholds the neighbor's appeal, would the cost of the appeal be bone by the County? 34A-18 NO DUTY TO ENFORCE Page 37 -(Lines ] thrn 11) Merely a request for clarification of this Pazagraph. Xs this because this Ordinance is considered a ~~Larad Use issue" enforced by the Department of Development Services rathex than a "Legal issue" enforced b~! the County Sheriffs Dept.? 4 L'd L8901680£9 t}oso~oiW d6£~Z6 6l £O~~W p~A 2011 ~ d~-e~W~R~e, ' ~~ ~ 1~ ~~ ~ ~ ~~~ a ~~ ~ ~ ~ o~~ ~~ G _ _v ~ L '-A+ ^ j oGi.G~~~ ~~~ l S VY~ y K ~ L C~'~~~ v Y ~~, 8'd L89066g0E9 }}oso»iW d0~~Z4 66 EO~~W