To: Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Tennis Wick 707-565-1900
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Cannabis Code Enforcement Ordinance (Section 1-7.1 of the Sonoma County Code) Amendment - First Reading
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Recommended Action:
Recommended action
Adopt a Resolution introducing, reading the title of, and waiving further reading of a proposed ordinance amending Section 1-7.1 of the Sonoma County Code to modify civil penalties for unpermitted cannabis uses and establish a corrective period for zoning violations by licensed and license-exempt cannabis uses and finding the ordinance exempt from CEQA under Guidelines section 15061(b)(3). (First Reading)
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Executive Summary:
Sonoma County permits cannabis uses under its Cannabis Land Use Ordinance (Sonoma County Code Sections 26-88-250 through 256) and the State of California licenses cannabis businesses under the Medical and Adult Use Cannabis Recreation and Safety Act (California Business and Professions Code Section 2600 et seq). AB 1684 (2023) amended California Government Code Section 53069.4 to limit civil penalties immediately imposed on unpermitted and unlicensed cultivation to $1,000 per violation and $10,000 per day and established a correction period for licensed and license-exempt cannabis activity prior to civil penalties being imposed. A correction period means that a person responsible for the violation must be provided notice of the violation and have a reasonable opportunity to cure it before civil penalties may be imposed.
To align with the new state law, the proposed ordinance includes the following:
Unpermitted/Unlicensed
• Add a civil penalty of $1,000 per violation associated with an unpermitted cannabis use;
• Provide that each plant above the personal cultivation limit is a separate violation subject to the $1,000 per day civil penalty;
Permitted/Licensed/License-Exempt
• Clarify that violations for unpermitted cannabis uses on separate properties may constitute a second or additional violation for purposes of calculating civil penalties; and
• Amend the code section for correction periods for certain code violations to align with state law, including adding a correction period for zoning violations associated with licensed and license-exempt cannabis uses.
The proposed ordinance is exempt from CEQA under Guidelines section 15061(b)(3) because it will not have a significant effect on the environment.
If the Board approves introduction of the ordinance, the ordinance will return to the Board on June 4, 2024 for adoption and consistent with legislative requirements the adopted changes will become effective on July 4, 2024.
Discussion:
State Law and Amendments
Cal. Gov. Code section 53069.4 authorizes counties to adopt an ordinance that imposes civil penalties for violations of county code and requires the ordinance provide an administrative appeal process and correction periods for certain violations allowing a property owner to abate prior to civil penalties being imposed. AB 1684 (2023) amends Gov. Code section 53069.4 to limit the administrative fine or penalty that may be imposed by a local jurisdiction for unlicensed cannabis activity to no more than $1,000 per violation and up to $10,000 per day for all violations associated with the use.
AB 1684 additionally provides that licensed cultivation operations and those that are exempt from state licensure be entitled to a reasonable period of time to cure their violations prior to civil penalties being imposed. People exempt from state licensure include patients and caregivers growing for up to five patients.
County Code and Proposed Amendments
Sonoma County Code Section 1-7.1 establishes ranges of civil penalties for specific types of code violations, including unpermitted cannabis activity, and establishes how civil penalties are calculated within those ranges. Civil penalties for unpermitted cannabis use range from $1,000 to $10,000 per day or up to 10 times penalties applied to the standard permit fee. The amount of penalty applied depends on factors such as the seriousness of the violation, environmental impact, culpability of the violator, and the impact on surrounding properties. The code does not currently require a cure period for any type of cannabis violation.
Civil Penalty Amounts and Per Plant Penalty
The County’s current civil penalty is up to $10,000 per day fine for the single violation of operating a cannabis use without a land use permit. Since AB 1684 capped civil penalties at $1,000 per violation, even though the maximum daily civil penalties under the new state law is $10,000, daily civil penalties that may be imposed under county code absent an amendment are effectively limited to $1,000 per day.
Under the proposed ordinance, instead of a violation only being the unpermitted cannabis use, each unpermitted plant beyond what is allowed for personal use would be considered a separate violation. These amendments align the County’s daily penalty scheme with state law while maintaining prior penalty amounts. By making each plant and associated violation subject to a civil penalty of $1,000 per day (capped by state law at $10,000 per day regardless of the number of plants), the total civil penalties imposed on the site will remain consistent with County penalties imposed prior to the state law amendment (i.e. up to $10,000 per day).
Additionally, the proposed ordinance clarifies that when a property owner or cannabis operator maintains or creates an additional cannabis violation on a separate property, it will be treated as a second or additional violation, which escalates the civil penalty to up to $25,000 per day and then $50,000 per day when the violations occur within two years. It is currently the practice of Code Enforcement to do so, but the purpose of this amendment is to clarify the ordinance through the added language.
Violation Correction Period
Under AB 1684, cannabis businesses operating under a state license and those that are exempt from state licensure must be given a reasonable period of time to cure a violation, including where the activity could be considered unpermitted cannabis cultivation. For example, a caregiver growing 300 square feet of cannabis for three patients may be exempt from a state license but is still required to get a local land use permit because the cultivation area exceeds 100 square feet (a caregiver is someone designated by a patient as being responsible for their housing, medical, health, or safety needs). The proposed ordinance directly aligns the correction period in county code with the state statute. Under the proposed ordinance changes, licensed and license-exempt cannabis activity will be entitled to a correction period of three calendar days (or 10 days if the notice of violation is mailed and not personally served), while other violations will continue to have a 30-calendar day correction period.
If the Board approves introduction of the ordinance, the ordinance will return to the Board on June 4, 2024 for adoption and consistent with legislative requirements the adopted changes will become effective on July 4, 2024.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
9/1/2020 - Board adopted Ordinance No. 6322 amending Chapters 1 and 26 of the Sonoma County code (https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=4627000&GUID=D7717028-8FD8-4638-8FD3-C02A4E89D875&Options=&Search=)
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
The ordinance change will keep civil penalties consistent with previous code enforcement penalties.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1: Resolution
Attachment 2: Draft Ordinance
Attachment 3: Staff PowerPoint
Related Items “On File” with the Clerk of the Board:
N/A