File #: 2020-0881   
Type: Consent Calendar Item Status: Agenda Ready
File created: 8/19/2020 In control: Permit and Resource Management
On agenda: 9/1/2020 Final action:
Title: Code Enforcement Amendments to Sonoma County Code Chapters 1 and 26
Department or Agency Name(s): Permit and Resource Management
Attachments: 1. Code Enforcement Amendments to Sonoma County Code Chapters 1 and 26 Summary Report.pdf, 2. Att 1 Ordinance, 3. Att 2 Ex A Chapter 1 Amendments, 4. Att 3 Ex B Sec. 26-88-252 Amendments, 5. ATT 4 Ex C Sec. 26-88-120 Amendments

To: Sonoma County Board of Supervisors

Department or Agency Name(s): Permit Sonoma

Staff Name and Phone Number: Tyra Harrington, Code Enforcement Manager. (707) 565-1280

Vote Requirement: Majority

Supervisorial District(s): All

 

Title:

Title

Code Enforcement Amendments to Sonoma County Code Chapters 1 and 26

End

 

Recommended Action:

Recommended action

Adopt an Ordinance amending Chapter 1 to consolidate enforcement provisions, establish new civil penalties, address environmental damage, align the violation correction period with state law, make other technical and clarifying changes, and amending related provisions of Cannabis Enforcement and Vacation Rental Enforcement, Chapter 26 (Zoning Code). (Second Reading)

end

Executive Summary:

This is the second reading of an Ordinance (Item 2020-0792) introduced by the Board on August 11, 2020, and modified and reintroduced by the Board on August 18, 2020, wherein Permit Sonoma recommended approval of amendments to Chapters 1 (General Provisions) and 26 (Zoning Regulations) of the Sonoma County Code.

Discussion:

On August 11, 2020, the Sonoma County Board of Supervisors introduced, read the title of, and waived further reading of the Ordinance with certain modifications to the proposed changes to Chapter 1.  Specifically, these changes included:

A.                     Decreasing the low end of the civil penalties range for residential violations from 3 times the standard permit fee to 1.5. (See Attachment 2 Section 1-7.1(a)(2)(iii).)

B.                     Not adding a per plant penalty for cannabis cultivation. (See Chapter 1 redline attached to August 11 item Section 1-7.1(a)(4)(iii).)

On August 18, 2020, the Board modified the proposed ordinance to reduce the permit multiplier civil penalty for violations associated with unpermitted cannabis from a maximum of 50 times the standard permit fee to a maximum of 10, in line with other commercial violations. (See Attachment 2 Section 1-7.1(a)(4)(iv). The Board then reintroduced, read the title of, and waived further reading of the Ordinance.

These changes are incorporated into Attachment 2 “Ex. A:  Draft Chapter 1 Amendments.”

Prior Board Actions:

A.                     August 18, 2020: Board introduced, read the title of, and waived further reading of a modified Ordinance amending Chapters 1 and 26 to improve code enforcement.

B.                     August 11, 2020: Adopted a Resolution introducing, reading the title of, and waiving further reading of an Ordinance amending Chapters 1 and 26 to improve code enforcement.

C.                     October 16, 2018: Final adoption of Phase 1 of the updates to the Cannabis Land Use Ordinance

D.                     July 24, 2018: Final adoption of Administrative Citations and Chapter 1 amendments (Ordinance No. 6236)

E.                     December 20, 2016: Final adoption of Cannabis Land Use Ordinance

 

Fiscal Summary

Narrative Explanation of Fiscal Impacts:

Not applicable.

 

Narrative Explanation of Staffing Impacts (If Required):

Not applicable.

 

Attachments:

ATT 1:                     Draft Ordinance amending Chapters 1 (General Provisions) and Chapter 26 (Zoning Code)

ATT 2:                     Ex. A:  Draft Chapter 1 Amendments

ATT 3:                     Ex. B:  Draft Cannabis (Sec. 26-88-252) Amendments

ATT 4:                     Ex. C:  Draft Vacation Rental (Sec. 26-88-120) Amendments

 

Related Items “On File” with the Clerk of the Board:

None