On the agenda: Lakeport meeting — Colocation (Feb 10)

COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

Cannabis Task Force Meeting
Monday, February 10, 2025 - 1:00 PM
Conference Room B
Agenda
1. Welcome
2. Roll Call of Task Force Members
3. Consideration of Minutes from December 5, 2024, Task Force Meeting
4. Consideration of Minutes from January 27, 2025, Task Force Meeting
5. Presentation and Consideration of recommendations by the Treasurer-Tax Collector
6. Discussion and Consideration of other focus topics identified by Staff
1. Incomplete and abandoned applications, and voluntary withdrawal
2. Formal withdrawal of an approved project on a voluntary basis
3. Setbacks consistent with Water Board
4. Operational hours, delivery hours, and construction hours
5. Records retention
6. Increase setbacks for outdoor cultivation (odor concern)
7. Self-contained RVs on-site
8. Farm Labor Contractor registration with Agricultural Commissioner posted on-site
9. Notice of Applicability (NOA) enrollment date October 31, 2020
10. Maximum submittal of 12 applications per month
11. Cannabis density of cultivation sites and retail sites
12. Adult and primary caregiver medicinal use
13. Opt out and reduced canopy process
14. Fallowing
15. Site reclamation bond
16. Method for calculating canopy
17. Preservation of viewsheds
18. Prevention of permitting where previous unpermitted land modifications and
violations occurred
7. Consideration of Development Standards for cannabis-related businesses
8. Public Comments
9. Adjournment

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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

Cannabis Ordinance Task Force Agendas and Minutes
https://www.lakecountyca.gov/AgendaCenter/Cannabis-Task-Force-24
Chapter 21 of the Municipal Code – The Zoning Ordinance (Article 27 – Commercial Cannabis)
https://www.lakecountyca.gov/460/Zoning-Ordinance
Ordinances and Resolutions
https://www.lakecountyca.gov/563/Ordinances-Resolutions
Cannabis Ordinance Task Force Resource Documents from Meetings
https://www.lakecountyca.gov/455/Cannabis
Agricultural Exempt & Temporary Cannabis Processing Structures Ordinance
https://ceqanet.opr.ca.gov/2023080076
Cannabis Ordinance Task Force Zoom Meeting

https://lakecounty.zoom.us/j/91777885441?pwd=S3RZa1pyanBkR3FGTGNzSTYrTjFZdz09
Phone one-tap:
US: +16699006833…91777885441# OR +16694449171..91777885441#
Dial By Number based on Your Current Location:
US: +16699006833 OR +16694449171 OR +17193594580 OR + 12532050468
Webinar ID: 917 7788 5441

Passcode: 635423

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County of Lake
Cannabis Ordinance Task Force
Meeting Minutes – Draft
Conference Room B
December 5, 2024, 1:00 p.m.

ITEM 3
255 North Forbes Street
Lakeport CA 95453

Staff Present
Director Mireya G. Turner
Senior Planner Mary Claybon
Office Assistant III Ruby Mitts
Task Force Members Present
Nara Dahlbacka – Cannabis Industry
Rebecca Harper- Farm Bureau
Jennifer Smith – LCCA
William Weiss – North Lake County
Richmond Kelly – South Lake County
Task Force Members Not Present
Katherine Vanderwall – Agricultural Commissioner
Fire District Representative – VACANT
Robert Geary – Tribal Representative
1. Welcome at 1:15 p.m.
The meeting was called to order by Director Turner.
Director Turner spoke and read the resignation letter from the Fire District. The Fire
District will no longer be available to attend the Task Force meetings but will continue to
offer their input if needed.
2. Roll Call of Task Force Members at 1:16 p.m.
Present: Nara Dahlbacka, Rebecca Harper, Jennifer Smith, William Weiss, and
Richmond Kelly
Not Present: Katherine Vanderwall, and Robert Geary
3. Consideration of Minutes from November 4, 2024, Task Force Meeting
Director Turner opened public input, and the following people spoke: Angela Amaral, and
Sarah Bodnar. No one else wished to speak, and public input was closed.
Rebecca motioned, 2nd by William Weiss to approve the minutes from the November 4,
2024, Task Force meeting.
All were in favor, and motion passed 5/0.
4. Consideration of Minutes from November 15, 2024, Task Force Meeting

LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES DECEMBER 5, 2024

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Director Turner opened public input, and the following person spoke: Andrew DobbsKramer. No one else wished to speak, and public input was closed.
Amendment: Adding in ‘The Task Force requested information regarding future tax
and fee obligations after withdrawal’ under section 2. Formal Withdrawal of an
Approved Project on a Voluntary Basis.
William Weiss motioned, 2nd by Jennifer Smith, to approve, as amended, the minutes
from the November 15, 2024, Task Force meeting.
Yes- Nara Dahlbacka, Rebecca Harper, Jennifer Smith, and William Weiss
Abstained – Richmond Kelly
The motion passed 4/0, 1 Abstention.
5. Consideration of Minutes from November 18, 2024, Task Force Meeting
Director Turner opened public input, and the following people spoke: Andrew DobbsKramer, and Angela Amaral. No one else wished to speak, and public input was closed.
Jennifer Smith motioned, 2nd by Richmond Kelly, to approve the minutes from November
18, 2024, Task Force meeting.
All were in favor, and motion passed 5/0.
6. Discussion and Consideration on 73.4 Restrictions and Prohibited Activities
d. Lake County Important Farmland – as amended by Ordinance 3101 and 3103
Lake County Important Farmland
Farming and agriculture in Lake County is important to our economy. Cannabis
may present certain conflicts with more traditional farming. In order to ensure the
protection of all agricultural industries within the county, the following rules will
apply when cannabis cultivation interfaces with Farmland Protection Zones. If an
applicant finds that their project is in an area where they shall not be allowed to
cultivate outdoors, then their cannabis cultivation shall be limited to indoor, mixed
light, and greenhouses that are equipped with filtrations systems that prevents limits
the movement of odors, pesticides, and other airborne contaminates out of or into
the structure.
a. Outdoor cultivation of cannabis shall not be allowed within any Farmland
Protection Zone.
b. Outdoor cultivation of cannabis shall not be allowed within 1000 feet of
any Farmland Protection Zone.
c. If outdoor cultivation of cannabis is less than one (1) mile from Farmland
Protection Zone, vegetation screening is required.
i. Vegetation screening shall consist of woody vegetation or trees that
grow to no less than 20 feet tall.
Ordinance 3101 and 3103
ii. Vegetation screening shall be between Farmland Protection Zone
and the permitted cannabis canopy area.
LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES DECEMBER 5, 2024

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iii. The species of woody vegetation or trees to be used may be
chosen by the permit applicant but should be suited to localized soil
and site conditions. Native plant species are encouraged as are
plantings which will benefit local fauna. Plantings must
be perennial and hardy in the local climate zone as specified in
scientific literature or garden catalogs.
iv. Vegetation screen shall be effective in preventing substantial drift
and approved by the Agricultural Commissioner.
v. Vegetation screen shall be maintained through the life of the
cultivation use permit.
Director Turner opened public input on Lake County Important Farmland, and the
following people spoke: Travis Nieto, Andrew Dobbs-Kramer, Tom Lajcik, Bill Wilson,
Angela Amaral, Sarah Bodnar, Betsy Cawn, Holly Harris, Richard Durem, Jordan Pool,
and Erin Cherry. No one else wished to speak, and public input was closed.
Director Turner opened public input on Sub-Section (a.) and the following people spoke:
Tom Lajcik, Sarah Bodnar, Bill Wilson, Travis Nieto, Angela Amaral, Samantha De
Trinidad, Jordan Pool, Erin McCarrick.
A break was taken from 2:35 to 2:44 pm.
Public input continued, and the following people spoke: Andrew Dobbs-Kramer,
Margaux Kambara, and Holly Harris. No one else wished to speak, and public input was
closed.
Nara Dahlbacka motioned, 2nd by Jennifer Smith, to strike out Sub-Section (a.) from
Lake County Important Farmland.
Yes – Nara Dahlbacka, Jennifer Smith, and Richmond Kelly
No – Rebecca Harper, and William Weiss
The motion passed 3/2.
A break was taken from 3:05 to 3:11 pm.
Director Turner opened public input on Sub-Section (b.) and the following people spoke:
Bill Wilson, Tom Lajcik, Angela Amaral, Holly Harris, Sarah Bodnar, Andrew DobbsKramer, and Margaux Kambara. No one else wished to speak, and public input was
closed.
Rebecca Harper motioned, 2nd by William Weiss, to keep Sub-Section (b.) as stated.
Yes – Rebecca Harper, and William Weiss

LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES DECEMBER 5, 2024

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No – Nara Dahlbacka, and Jennifer Smith
Abstained – Richmond Kelly
The motion did not pass 2/2, with 1 Abstention.
Jennifer Smith motioned, 2nd by William Weiss, to reconsider motion made regarding
Sub-Section (a.).
Yes – Jennifer Smith, Rebecca Harper, William Weiss, and Richmond Kelly
No - Nara Dahlbacka
The motion passed 4/1.
Rebecca Harper motioned, 2nd by William Weiss, to reconsider the motion made at the
last meeting regarding the discussion on hoop houses.
All were in favor, and the motion passed 5/0.
Director Turner opened public input, and the following people spoke: Bill Wilson, Angela
Amaral, Holly Harris, Donnas Mackiewicz, Margaux Kambara, Jordan Pool, Tom Lajcik,
and Andrew Dobbs-Kramer. No one else wished to speak, and public input was closed.
Nara Dahlbacka motioned, 2nd by Richmond Kelly, to recommend including the following
in the Draft Statement: Within the farmland protection zone, all outdoor cultivation shall
take place within hoop houses, this same restriction applies to projects within the 1000foot setback, measured from the parcel to the farmland protection zone.
All were in favor, and the motion passed 5/0.
7. Discussion and Consideration of other focus topics identified by the COTF
2. Formal withdrawal of an approved project on a voluntary basis – Per the
request of the Task Force, Draft Statement was revised November 4 after the
meeting concluded, and no motion was made. The revised draft statement is as
follows:
A permit holder retains the right to formally withdrawal their approved land use permit at
any point following approval and before the expiration date.
a. To initiate this process, it is required that the permit holder or signing authority for
business entity submits notarized documentation to the Community Development
Department indicating their decision to cease pursuing the permitted commercial
cannabis use.
b. This documentation must include the following details: the project name, project
identifying number, the address of the permitted location, the Assessor’s Parcel
LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES DECEMBER 5, 2024

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Number, the contact information of the permit holder, and a copy of the permit
holder's government-issued identification and proof of state licensing agency
notification of withdrawal.
c. Site remediation is required.
d. All outstanding fees must be paid.
This section will be moved to the next meeting due to lack of time.
4. Operational hours, delivery hours, and construction hours
Currently, Article 27 (pg. 27-151) states the following pertaining to delivery hours.
Operating Hours: Deliveries and pick-ups are restricted as follows: Monday through
Saturday: 9:00 a.m. - 7:00 p.m. Sunday: 12:00 p.m. - 5:00 p.m.
However, operational hours for outdoor and mixed light cultivation and other nondelivery activities are not stated. County noise ordinance notes maximum sound levels
for specific hours that have been utilized by Staff. State does not note cultivation
hours. Staff notes that some operators have noted wanting (or needing) to be on-site
during longer periods of time (6am to 9pm) during summer months.
This section will be moved to the next meeting due to lack of time.
5. Records Retention
Article 27 (pg 27-112 and 27-142) notes record retention requirements. Specifically,
subsection (au)(4)(ii) states, all records related to commercial cannabis activity as
defined by the state licensing authorities shall be maintained for a minimum of seven
years.
However, all operators are required to use METRC, which allows for electronic
record keeping.
State regulations are within Subsection 15037, General Record Retention
Requirements.
This section will be moved to the next meeting due to lack of time.
8. Public Comment at 3:55 pm
Director Turner opened the meeting to public comment. No one wished to speak, and
public comment was closed.
9. Adjournment at 3:55 pm.

LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES DECEMBER 5, 2024

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County of Lake
Cannabis Ordinance Task Force
Meeting Minutes – Draft
Conference Room C
January 27, 2025, 1:00 p.m.

ITEM 4
255 North Forbes Street
Lakeport CA 95453

Staff Present
Director Mireya G. Turner
Senior Planner Mary Claybon
Accounting Technician Ruby Mitts
Task Force Members Present
Katherine Vanderwall – Agricultural Commissioner
Nara Dahlbacka – Cannabis Industry
Rebecca Harper- Farm Bureau – Present on Zoom
Jennifer Smith – LCCA
William Weiss – North Lake County
Task Force Members Not Present
Richmond Kelly – South Lake Representative
Robert Geary – Tribal Representative
1. Welcome at 1:04 p.m.
The meeting was called to order by Director Turner.
2. Roll Call of Task Force Members at 1:05 p.m.
Present: Katherine Vanderwall, Nara Dahlbacka, Rebecca Harper – Present on Zoom,
Jennifer Smith, and William Weiss
Not Present: Richmond Kelly, and Robert Geary
3. Consideration of Minutes from December 5, 2024, Task Force Meeting
The minutes from December 5, 2024, Task Force Meeting were tabled until the next
meeting due to lack of quorum.
4. Update from the Board of Supervisors Input from January 14, 2025
Director Turner reviewed the Board of Supervisors’ recommendations for the Task Force
moving forward.
•
•
•
•
•
•

Not interested in changing the Notice of Applicability (NOA) date
Concerns about setbacks from housing, and concerns on residential uses
encroaching on Ag
Against use of Recreational Vehicles (RVs) during harvest time
Supported density and clustering
Synchronize canopy measurement with the State process
Property owner on application needs to go through a background check

LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES JANUARY 27, 2025

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•
•
•
•
•
•
•
•
•
•
•
•

Internal check for any outstanding warrants against the property owner regarding
cannabis related infractions or violations; if any found, they must be resolved prior
to operations commencing
FPZ staying the same; not expanding, no changes, not allowing hoop houses
4290 standards for agriculture (to be taken care of at Ag Advisory meeting)
No changes to 12 applications a month
12 weeks to conclude Task Force meetings – the end of March
Add alternates to each Task Force seat
Do not overregulate cannabis, keep restrictions to a minimum, supporting all types
of Ag
Place something in ordinance to allow abatement of abandoned greenhouses
Prefer greenhouses without foundations
Prefer in-ground cultivation with ventilation
Sympathize with odor impacts
Desires sufficient public input

Rebecca Harper introduced Serena Onate as the person she will appoint to step in during
her absence.
Director Turner opened public input. No one wished to speak, and public input was closed.
5. Discussion and Consideration of other focus topics identified by the COTF
1. Incomplete and abandoned applications – Motion made November 15, 2024
2. Formal withdrawal of an approved project on a voluntary basis – Per the request
of the Task Force, Draft Statement was revised November 4 after the meeting
concluded, and no motion was made. The revised draft statement is as follows:
A permit holder retains the right to formally withdrawal their approved land use permit at
any point following approval and before the expiration date.
a. To initiate this process, it is required that the permit holder or signing authority for
business entity submits notarized documentation to the Community Development
Department indicating their decision to cease pursuing the permitted commercial
cannabis use.
b. This documentation must include the following details: the project name, project
identifying number, the address of the permitted location, the Assessor’s Parcel
Number, the contact information of the permit holder, and a copy of the permit
holder's government-issued identification and proof of state licensing agency
notification of withdrawal.
c. Site remediation is required.
d. All outstanding fees must be paid.
Director Turner opened public input. No one wished to speak, and public input was
closed.

LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES JANUARY 27, 2025

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Nara Dahlbacka motioned, 2nd by William Weiss, to table for Staff Research. All were in
favor, and motion to table passed 4/4.
3. Setbacks consistent with Water Board – Motion Made November 18, 2024
4. Operational hours, delivery hours, and construction hours
Director Turner opened public input, and the following people spoke: Lewis Lincoln,
Tom Lajcik, Bill Wilson, Margaux Kambara, Andrew Dobbs-Kramer, Autumn Karsey,
Donna Mackiewicz, Holly Harris, and Peter Simon. No one else wished to speak,
and public input was closed.
William Weiss motioned, 2nd by Jennifer Smith, to amend the language to include:
•
•
•

Farming operations and activities may align with other agricultural products
hours
Other cannabis related businesses should align with State regulations
Scheduled deliveries should be from 7 am to 7 pm

All were in favor, and motion passed 4/4.
5. Records retention
Director Turner opened public input, and the following people spoke: Tom Lajcik,
Margaux Kambara, Andrew Dobbs-Kramer, Bill Wilson, Lewis Lincoln, Donna
Mackiewicz, Carolyn Hillman, and Autumn Karsey. No one else wished to speak,
and public input was closed.
Jennifer Smith motioned, 2nd by William Weiss, all record retention align with Local,
State, and Federal regulators requirements. All were in favor, and motion passed
4/4.
The meeting took a break from 2:23 pm to 2:29 pm.
6. Increase setbacks for outdoor cultivation (odor concern) – This item was tabled
until next meeting.
7. Self-contained RV’s on-site
Director Turner opened public input, and the following people spoke: Tom Lajcik,
Andrew Dobbs-Kramer, and Bill Wilson. No one else wished to speak, and public
input was closed.
William Weiss motioned, 2nd by Nara Dahlbacka to table this item for Staff
preparation. All were in favor, and motion to table passed 4/4.
8. Farm Labor Contractor registration with Agricultural Commissioner posted onsite – The Task Force agreed to remove this item from the agenda.
Director Turner opened public input, and the following person spoke: Tom Lajcik. No
one else wished to speak, and public input was closed.

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9. Notice of Applicability (NOA) enrollment date October 31, 2020
Jennifer Smith motioned, 2nd by Nara Dahlbacka, to align with the Board of
Supervisors’ recommendations, and do not alter the Notice of Applicability date at
this time. All were in favor, and motion passed 4/4.
10. Maximum submittal of 12 applications per month – The Task Force agreed this
item should not be altered.
Director Turner opened public input. No one wished to speak, and public input was
closed.
11. Cannabis density of cultivation sites and retail sales
12. Adult and primary caregiver medicinal use
13. Opt out and reduced canopy process
14. Fallowing
15. Site reclamation bond
16. Method for calculating canopy
6. Identification of Outstanding Topics to Consider
The Task Force agreed to add in consideration of design standards for cannabis-related
structures to preserve viewsheds and developing neighborhood opt-out zones.
Director Turner opened public input, and the following people spoke: Tom Lajcik, Margaux
Kambara, Lewis Lincoln, Bill Wilson, Holly Harris, Carolyn Hillman, Sarah Bodnar, Peter
Simon, Erin McCarrick, and Autumn Karsey. No one else wished to speak, and public
input was closed.
Holly Harris explained the list of Public Topics provided.
Carolyn Hillman requested a discussion regarding the removal of the 10-year expiration
date for cannabis use permits.
Peter Simon requested a discussion of ‘grand-fathering’ potential of existing permits and
applications.
Jennifer Smith left the meeting at 3:56 pm.
7. Public Comment at 4:00 pm
Director Turner opened the meeting to public comment. No one wished to speak, and
public comment was closed.
8. Adjournment at 4:01 pm

LAKE COUNTY CANNABIS ORDINANCE TASK FORCE MEETING MINUTES JANUARY 27, 2025

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ITEM 5

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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

ITEM 6
Mireya G. Turner
Community Development Director

a. Maintain the current language in this section, as updated via Ord. 3101
b. Amend the language and requirements
c. Move this section to another section
Other Focus Topics Identified by COTF
1. Incomplete, abandoned applications, and voluntary withdrawal
No current regulations within Article 27 related to abandoned applications or voluntary withdrawal.
State regulations for abandoned or incomplete applications are listed in Subsection 15012,
Incomplete and Abandoned Applications.
Incomplete applications will not be processed. Applications will only be considered complete if all
of the information required under the Lake County Zoning Ordinance is submitted. The
Community Development Department shall issue a written notice to the applicant, by mail, email,
or through the Department’s permitting system, informing them that the application is incomplete
and identifying the information missing from the application.
a. If the applicant fails to submit all required information or demonstrate substantial
progress within 180 days from the date of the initial written notice, the application shall be
deemed abandoned.
b. The Community Development Department will not refund application fees for an incomplete
or abandoned application.
c. An applicant may reapply at any time following an abandoned application without
prejudice and will be required to submit a new application and application fee.
d. An applicant may reapply at any time following an abandoned application and will be
required to submit a new application and application fee.
COTF Motion Passed November 15, 2024
AMENDING LANGUAGE AS SEEN IN BOLD ABOVE
(a.) ADDING DEMONSTRATE SUBSTANTIAL PROGRESS
(b.) ADDING WITHOUT PREJUDICE
(d.) STRIKING OUT DUE TO DUPLICATION
2. Formal Withdrawal of an Approved Project on a Voluntary Basis
A permit holder retains the right to formally withdraw their approved land use permit at any point
following approval and before the expiration date.
a. To initiate this process, it is required that the permit holder or signing authority for
business entity submits notarized documentation to the Community Development
Department indicating their decision to cease pursuing the permitted commercial cannabis
use.
b. This documentation must include the following details: the project name, project identifying
number, the address of the permitted location, the Assessor’s Parcel Number, the contact
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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

information of the permit holder, and a copy of the permit holder's government-issued
identification and proof of state licensing agency notification of withdrawal.
c. Site remediation is required.
d. All outstanding fees must be paid.
REQUESTED AMENDMENTS TO VERBIAGE SEEN ABOVE IN BOLD
Motions for Consideration
a. Amend language to align with State regulations
b. Amend the language with other requirements
3. Setbacks consistent with Water Board
Currently, Article 27 (pg 27-136 under Stormwater Management) states, “Outdoor cultivation,
including any topsoil, pesticide or fertilizers used for the cultivation cannabis shall not be located
within 100 feet of any spring, top of bank of any creek or seasonal stream, edge of lake,
delineated wetland or vernal pool. For purposes of determining the edge of Clear Lake, the
setback shall be measured from the full lake level of 7.79 feet on the Rumsey Gauge”.
Resolution of Intent 20-50, which proposed making setbacks consistent with the State Water
Board (allows for 50ft from Class III watercourses), was adopted by the BOS on 5/12/2020 and
went to PC for consideration on 2/25/21.However, it never went back to BOS for formal adoption.
COTF Motion made – November 18, 2024
TO ALIGN ALL SETBACKS WITH WATER COURSES
4. Operational hours, Delivery hours, and Construction hours
Currently, Article 27 (pg. 27-151) states the following pertaining to delivery hours.
Operating Hours: Deliveries and pick-ups are restricted as follows: Monday through Saturday:
9:00 a.m. - 7:00 p.m. Sunday: 12:00 p.m. - 5:00 p.m.
However, operational hours for outdoor and mixed light cultivation and other non-delivery activities
are not stated. County noise ordinance notes maximum sound levels for specific hours that have
been utilized by Staff. State does not note cultivation hours. Staff notes that some operators have
noted wanting (or needing) to be on-site during longer periods of time (6am to 9pm) during summer
months.

-

COTF Motion made – January 27, 2025
TO AMEND LANGUAGE TO INCLUDE:
FARMING OPERATIONS AND ACTIVITES MAY ALIGN WITH OTHER
AGRICULTURAL PRODUCTS
OTHER CANNABIS RELATED BUSINESS SHOUD ALIGN WITH STATE
REGULATIONS
SCHEDULED DELIVERIES SHOULD BE FROM 7 AM TO 7 PM
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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

5. Records Retention
Article 27 (pg 27-112 and 27-142) notes record retention requirements. Specifically, subsection
(au)(4)(ii) states, all records related to commercial cannabis activity as defined by the state
licensing authorities shall be maintained for a minimum of seven years.
However, all operators are required to use METRC, which allows for electronic record keeping.
State regulations are within Subsection 15037, General Record Retention Requirements.
COTF Motion made – January 27, 2025
ALL RECORD RETENTION ALIGN WITH LOCAL, STATE, AND FEDERAL
REGULATORS REQUIREMENTS
6. Increase setbacks for outdoor cultivation (odor concerns)
Article 27 (Development Standards table on pg 27-110) requires cultivation setbacks of 100 ft from
property line and 200 ft from off-site residences (in addition to the 1,000 ft setbacks in the
exclusion zones). Some have raised the potential of increasing setbacks as a means to aid in odor
nuisance issues.
Motions for Consideration
a. Amend the language
b. Leave language as is
7. Self-contained RVs on-site
RVs are commonly found on-site during annual inspections. However, the County Code is silent
about this topic, with the exception of a temporary dwelling permit for construction of a dwelling
unit, and construction offices.
Motions for Consideration
a. Amend the Code to include language
b. Leave Code as is (restricting use)
8. Farm Labor Contractor registration with Agricultural Commissioner posted on-site
State does not require livescans for employees and does not regulate Farm Labor Contractors .
COTF is recommending livescans for employees, with the exception of Farm Labor Contractors.
Staff is suggesting the Ag Commissioner registration documents be posted on-site for verification.
COTF AGREED TO REMOVE THE ITEM FROM THE LIST – January 27, 2025
9. Notice of Applicability (NOA) date October 31, 2020
Ordinance 3092 established a cutoff date of October 31, 2020, for the Water Board Notice of
Applicability (effectively putting a moratorium on new applications from being submitted).
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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

COTF Motion made – January 27, 2025
TO ALIGN WITH THE BOARD OF SUPERVISORS RECOMMENDATIONS
AND DO NOT ALTER THE NOTICE OF APPLICABILITY DATE AT THIS TIME
10. Maximum submittal of 12 applications per month
2019 Ordinance applied a moratorium to the number of applications allowed to be submitted. If the
NOA date is modified, this item will impact the number of applications accepted.
Beginning May 1, 2019, the Community Development Department shall accept, on a first-come,
first-served basis, a maximum of twelve (12) preapplications for use permits for commercial
cannabis cultivation each month and a maximum of twelve (12) applications for use permits for
commercial cannabis cultivation each month. For purposes of this limitation, modifications to
minor or major use permit applications for commercial cannabis cultivation shall be counted within
the maximum of twelve (12) applications for use permits if said modifications require review by the
Planning Commission prior to approval.
COTF – January 27, 2025
TASK FORCE AGREED TO KEEP AS IS – NO CHANGES
11. Cannabis density of cultivation sites and retail sites
Currently the County Code does not have any limitation to the number of permitted sites allowed
in proximity of each other.
Additionally, Resolution of intent 20-50 adopted by BOS on 5/12/2020 proposed decreasing the
M-Type and A-Type 1A, 2A and 3A minimum lot size from 20 acres to 2 acres and decreasing
setbacks from 100 ft to 30 ft from the property line. However, the ordinance was never formally
brought forward and adopted.
Motions for Consideration
a. Amend the Code to regulate the number of permitted sites (by area; distance,
density, setbacks, etc.)
b. Don’t amend the Code, and leave as is
12. Adult and Primary Caregiver Medicinal Use
Currently, County regulation states 100 sf maximum structure per patient up to 6 patients. Colocation and clustering of parcels have also been held under identical ownership rather than as
residential accessory use on same parcel or vacant parcels. However, Staff cannot confirm
medical status due to HIPAA laws. Code Enforcement has been encountering multiple sites
having 36 plants without a means of verification.
Some potential solutions include:
a. Increase square footage of structures to accommodate patient count with a maximum
square footage determined by zoning, requiring building permit for any structure greater
than 120sf or any structure with electrical mechanical systems regardless of size.
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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

b. Require proof of UUID Patient registration card with CA Dept of Health available upon
request.
c. Consider allowing co-location and clustering of parcels held under identical ownership.
Motions for Consideration
a. Amend the Code
b. Don’t amend the Code, and leave as is
13. Opt Out and Reduced Canopy Process
Process is not codified in Article 27. Resolution 2024-53 identified June 1st as the deadline for opt
out and request to reduce canopy requests to be received by CDD.
Motions for Consideration
a. Amend the Code for clarification
b. Don’t amend the Code, and leave as is
14. Fallowing (added by member Dahlbaka)
Member Dalhbaka to present this item
Motions for Consideration
c. Amend the Code
d. Don’t amend the Code, and leave as is
15. Site Reclamation Bond
The bond ensures that when a site is closed or it reaches the end of its permit life, that the land is
then returned to its original condition and any monitoring required under the reclamation plan is
carried out.
Motions for Consideration
a. Amend the Code, requiring bonds
b. Don’t amend the Code, and leave as is
16. Method for calculating canopy
County definition: The designated area(s) at a licensed premises, except nurseries, that will contain
mature plants at any point in time, as follows: (1) Canopy shall be calculated in square feet and
measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any
point in time, including all of the space(s) within the boundaries; (2) Canopy may be noncontiguous
but each unique area included in the total canopy calculation shall be separated by an identifiable
boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, garden
benches, hedgerows, fencing, garden beds, or garden plots; and (3) If mature plants are being
cultivated using a shelving system, the surface area of each level shall be included in the total
canopy calculation. (Ord. No. 3084, 5/21/2019)
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COUNTY OF LAKE
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
Courthouse - 255 N. Forbes Street
Lakeport, California 95453
Telephone: (707) 263-2221 FAX: (707) 263-2225

Mireya G. Turner
Community Development Director

State Definition: “Canopy” means the designated area(s) at a licensed premises that will contain
mature plants at any point in time.
Motions for Consideration
a. Amend the Code, clarifying the way canopy is calculated
b. Don’t amend the Code, and leave as is
17. Preservation of viewsheds

18. Prevention of permitting where previous unpermitted land modifications and violations
occurred

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COUNTY OF LAKE

ITEM 7
255 North Forbes Street
Lakeport, CA 95453

Legislation Text
File #: 24-102, Version: 1

Memorandum
Date:

February 6, 2023

To:

The Honorable Lake County Board of Supervisors

From:

Mireya G. Turner, Community Development Director
Andrew Amelung, Cannabis Program Manager

Subject:

Consideration of Recommendations from the Cannabis Ordinance Task Force
regarding Zoning Districts and Permit Types for Various Cannabis-Related Businesses;
and Request for Board Direction

Executive Summary: Since its formation by the Board of Supervisors on July 12, 2022, the
Cannabis Ordinance Task Force (COTF) has met regularly, working on a number of draft ordinances
which were Board priorities, and more recently, on recommendations for revising the current
cannabis policy. Attached please find a list and table of recommended cannabis-related business
types, the zoning districts in which those businesses could operate, and the level of permitting
required. These recommendations were reviewed by the Agriculture Advisory Committee on October
10, 2023, and November 20, 2023, without any recommended changes. The Planning Commission
considered the recommendations at their meeting on December 14, 2023, and did not recommend
any changes, though they did request the addition of a table showing zoning district and permit levels
for wineries, to aid in consideration, which has been added as Table 2 below. The materials used for
reference by the COTF, Agricultural Advisory Committee, and Planning Commission are included as
Attachments 1 and 2.
The COTF recommendations include agriculture, commercial, and industrial zoning districts. There
are new business types and uses, existing uses in additional locations, and changes in the level of
permit required. The Community Development Department offers three type of land use planning
permits:
· Zoning Permit- is a ministerial permit; the application is approved if it is compliant with the
regulations. Ministerial permits do not go through environmental review.
· Minor and Major Use Permits- are discretionary. Both permits include agency review,
environmental review, and conditional consideration of either the Zoning Administrator (minor
use permit), or Planning Commission (major use permit). For brevity, titles of zoning districts
are listed below, and omitted elsewhere in this memorandum.
Base Zoning Districts included in recommendations:
APZ
Agriculture Preserve Zone
A
Agriculture
COUNTY OF LAKE

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File #: 24-102, Version: 1

TPZ
RL
RR
SR
C1
C2
C3
CR
CH
M1
M2
MP
U
PDC

Timber Preserve Zone
Rural Lands
Rural Residential
Suburban Reserve
Local Commercial
Community Commercial
Service Commercial
Resort Commercial
Highway Commercial
Commercial and Manufacturing
Heavy Industrial
Industrial Park
Unclassified
Planned Development Commercial

A summary of recommendations from the COTF are provided in Table 1. The recommendations from
COTF are conceptual in nature. Staff requests direction from the Board of Supervisors regarding the
types of cannabis-related businesses, zoning districts and permit level requirements. This direction
will return to the COTF and will direct their work on development standards, specific to the types of
cannabis business land uses that they Board is willing to consider in a draft ordinance at a future
meeting. That draft ordinance will also be considered by the Agriculture Advisory Committee and the
Planning Commission, in order to bring recommendations from those bodies, to the Board for its
consideration.
Table 1, Summary of COTF Recommendations
New Business/License
Type Name
Type 5 Large Cannabis
Cultivation

Shared Manufacturing

Type 9 Retail Delivery
Only
COUNTY OF LAKE

Notes

COTF Recommendation

This is a newly available
Allow Type 5 with an approved
license type at the state
major use permit, in the same
level. It is for cultivation of
zoning districts where Type 3
over one acre of canopy.
Medium Cannabis Cultivation, is
Since Lake County already permitted.
allows cultivation of over one
acre, the addition of Type 5
is administrative only, and
will keep our Code permit
titles synchronized with the
state.
This allows multiple
Allow this new business type to
permittees to use the same be applied to both Type 6 Nonmanufacturing facility, similar volatile, and Type 7 Volatile
to how multiple food
Manufacturing.
purveyors can share a
commercial kitchen.
This would allow for a retail Allowing this type of business to
establishment with no
be available to permitted
storefront access
cultivators. The business model
Page 2 of 5 discussed included tourists
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Page 20 visiting a cultivation site, with the
ability to purchase local products

permittees to use the same be applied to both Type 6 Nonmanufacturing facility, similar volatile, and Type 7 Volatile
to how multiple food
Manufacturing.
purveyors can share a
File #: 24-102, Version: 1
commercial kitchen.
Type 9 Retail Delivery
This would allow for a retail Allowing this type of business to
Only
establishment with no
be available to permitted
storefront access
cultivators. The business model
discussed included tourists
visiting a cultivation site, with the
ability to purchase local products
to be delivered to where they are
staying. Additionally, increasing
location options for retail could
alleviate the pressure on the C2
zoning district, where community
Main Streets are located.
Type 10 Retail Storefront The state defers to local
Allow onsite consumption in
with Onsite Consumption jurisdictions regarding onsite connection to a retail storefront
consumption of cannabis
establishment, as follows:
products.
Minor Use Permit PDC, C2;
APZ, A, TPZ, RL, RR - as
incidental use to approved
cultivation site; M1, M2, MP, C3 as incidental use to approved
processing or manufacturing
sites Major Use Permit C1, CH,
CR SR - incidental to approved
cultivation site
Temporary Cannabis
This would allow for a
Allow temporary special events
Special Events
cannabis special event, with with an approved zoning permit,
limited onsite consumption. in all zoning districts where
By state law, a cannabis
cannabis-related businesses are
special event requires a
allowed (APZ, A, TPZ, RL, SR,
licensed event coordinator, C1, C2, C3, CR, CH, M1, M2,
and only licensed retailers MP, PDC), with the exception of
may sell their products.
RR.
Existing Business Types Notes
COTF Recommendation
in New Locations
Type 4 Nursery
Currently allowed with an
Addition of M1, M2, and MP with
approved minor use permit minor use permit, and C3 with
in APZ, A, TPZ, RL, RR, and approved major use permit
SR; and PDC with a major
use permit.
Processor
Currently allowed with
Addition of C3, M1, M2, and MP,
approved major use permit with an approved minor use
in APZ, A, TPZ, and RL
permit.
Type 6 Non-volatile
Currently allowed with
Addition of MP zoning district
Manufacturing
approved major use permit with a major use permit.
in APZ, A, TPZ, RL, RR, C3,
M1, M2, and PDC.
Type 7 Volatile
Currently allowed with major Addition of M1 and MP zoning
COUNTY
OF
LAKE
Manufacturing
use permit in M2. Page 3 of 5 districts with a major use permit.Printed on 5/2/2024
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Type 10 Retail Storefront Currently, cannabisPage
retail 21 Allow retail storefront in the
businesses are a use by
following zoning districts: Minor

in APZ, A, TPZ, and RL
permit.
Type 6 Non-volatile
Currently allowed with
Addition of MP zoning district
Manufacturing
approved major use permit with a major use permit.
in APZ, A, TPZ, RL, RR, C3,
File #: 24-102, Version: 1
M1, M2, and PDC.
Type 7 Volatile
Currently allowed with major Addition of M1 and MP zoning
Manufacturing
use permit in M2.
districts with a major use permit.
Type 10 Retail Storefront Currently, cannabis retail
Allow retail storefront in the
businesses are a use by
following zoning districts: Minor
right (no Planning Permit
Use Permit C2, CR, CH, PDC;
required) in C2, and with an APZ, A, TPZ, RL, RR - incidental
approved major use permit to approved cannabis cultivation
in C1.
site; C3, M1, M2, MP - incidental
to approved cannabis
processing or manufacturing
site. Major Use Permit C1; SR incidental to approved cannabis
cultivation site.
Type 11 Distributor
Currently allowed with major Allow with a minor use permit,
use permit in C3, M1, M2,
as an incidental use to approved
and PDC
cultivation site, in APZ, A, TPZ,
RL, RR, and SR.
Type 12 Microbusiness
Currently allowed with a
Allow with a minor use permit in
major use permit in APZ, A, C2, C3, M1, M2 and MP.
TPZ, RL, and RR
Changes in Permit Level Notes
COTF Recommendation
Type 13 Distributor This use type allows a
Removal of use permit
Transport Only
Permittee to transport their requirement, to be allowed only
products, and products of
as an incidental use to approved
other licensees. Currently
cultivation, processing, or
requires major use permit in manufacturing site in APZ, A,
C2, C3, M1, M2, and PDC. TPZ, RL, RR, SR, C2, C3, M1,
M2, MP, and PDC
Type 13 Distributor This use type allows a
Addition of MP zoning district;
Transport Only - Self
Permittee to transport only Removal of the minor use permit
Distribution License
their own product, to another requirement, to be allowed
licensee. Currently allowed (APZ, A, TPZ, RL, RR, SR, C2,
with an approved minor use C3, M1, M2, MP and PDC) only
permit in APZ, A, TPZ, RL, as an incidental use to an
RR, SR, C2, C3, M1, M2,
approved cultivation, processing,
and PDC.
or manufacturing site.
No Changes Recommended
There are no COTF recommendations of amendments to the following cannabis business types and permit level:
Type 1, 2, and 3 - Specialty, Small and Medium Cultivation
Type N and P Manufacturing
Type 8 Cannabis Testing Laboratory
Table 2. Permit requirements for small and large wineries (includes options for wine-related and special events, tasting
rooms, and retail sales) by Zoning District
Zone
Small Winery
Large Winery
COUNTY OF LAKE

APZ

MUP

A

MUP

TPZ

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UP
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File #: 24-102, Version: 1
Zone

Small Winery

Large Winery

APZ

MUP

UP

A

MUP

UP

TPZ

--

--

RL

MUP

UP

RR

MUP

UP

SR

UP

UP

PDC

UP*

UP*

* In PDC, the winery could be part of a Specific Plan of Development, processed as a Major Use Permit.
ENVIRONMENTAL REVIEW
The purpose of this item is to obtain Board direction of which cannabis-related businesses, zoning districts, and permit
types the Board supports developing further. The Board direction will result in recommendations that will be incorporated
into a future new regulatory framework. That framework, the draft ordinance, will undergo environmental review prior to
consideration of adoption by the Board. At this point, recommendations are conceptual and cannot reasonably be of any
impact to the environment.
If not budgeted, fill in the blanks below only:
Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________
Purchasing Considerations (check all that apply):
☒ Not applicable
☐ Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?
nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy
<http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (
describe process undertaken in “Executive Summary”)
☐ Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?
nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive
Summary,” attach documentation, as needed)
☐ For Technology Purchases: Vetted and Supported by the Technology Governance Committee
<http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)
☐ Other (Please describe in Executive Summary)
Consistency with Vision 2028
<http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that
apply):
☐ Not applicable
☒ Well-being of Residents
☐ Public Safety
☐ Disaster Prevention, Preparedness,
Recovery
☒ Economic Development
☐ Infrastructure
☒ County Workforce
☒ Community Collaboration
☐ Business Process Efficiency ☐ Clear Lake
Recommended Action: Staff seeks Board direction on the COTF recommendations regarding the cannabis related
business types, zoning districts, and permit levels.

COUNTY OF LAKE

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ITEM 8
Public Comment
Bill Wilson

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1

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2

Public Comment
Bill Wilson

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3

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4

PUBLIC COMMENT
Bill Wilson

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Feb 3rd, 2025
Director Mireya G. Turner, Lake County Community Development Department
Senior Planner Mary Claybon, Lake County Community Development Department
Dear Ms. Turner and Ms. Claybon,
We are writing as the Lake County Community Action Project: Planning Coalition (CAP) with comments on the
January 14th COTF Update meeting and February 3rd agenda topics. Please note that we have included previous
statements for ease of review, while new statements are in red.
Concerns Regarding the January 14th COTF Update at the Board of Supervisor’s Meeting
After attending the January 14th COTF update meeting, we are respectfully expressing concern that the COTF
presentation allowed an un-agendized powerpoint from LCCA protesting a lawful decision, without allowing a
comparable presentation from the Farm Bureau. We were of the understanding that all COTF presentations to
the BOS would be reviewed and approved by the COTF. This did not happen and CAP feels that the Farm
Bureau - if they wish - should be given equal opportunity to present their perspective on FPZ to the BOS.
Discussion and Consideration on 73.4 Restrictions and Prohibited Activities: Farmland Protection Zones
On Nov. 15, the COTF approved a motion to include all prime farmland, unique farmland, farmland of local
importance, and farmland of statewide importance in the Farmland Protection Zone (FPZ). On December 5th, COTF
voted to allow outdoor cultivation in hoop houses within the FPZ and the 1000-foot setback. On January 14th during
the COTF update at the Board of Supervisors’ meeting, some members of the BOS indicated they wanted no
changes to the current FPZ zones. CAP requests clarification on the FPZ zones, but it is not on the agenda.
Does this need to be agendized for further discussion in order to formalize?
5: Presentation and Consideration of Recommendations by the Treasurer-Tax Collector
While we do not know specifics regarding the Tax Collector’s proposal, CAP supports the earlier
recommendations to add the landowner to the permit application. We also support whatever measures are
needed to maintain business transparency on cannabis operations in Lake County.
6.2: Formal Withdrawal of an Approved Project on a Voluntary Basis (pg 28, Item 2). Regarding permit
withdrawal, CAP requests text clarification on whether the permit becomes null and void or remains
associated with the property.

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6.6: Increased setbacks for outdoor cultivation (odor concerns) (Page 30, Item 6):
Our position is that odor control plans are not sufficient to address odor concerns. We are aware of many odor
complaints from neighboring property owners who did not receive adequate CEQA review and are not being
addressed by Code Enforcement and the annual permit review process. We are requesting increased setbacks
based on project size (larger project, larger setbacks) as suggested by Jennifer Smith at the 11/4/2024
meeting. We also support Supervisor Sabatier's recommendations to remove outdoor cultivation from Rural
Residential (and Suburban Reserve) zones and increasing setbacks. Larger buffers and setbacks are the only
practical means for addressing odor control.
6.10: Maximum submittal of 12 applications per month. (pg 31, Item 10): Per the 1/27/25 minutes, the Task
Force agreed this should not be altered.
6.11 Cannabis density of cultivation sites, reduced setbacks, decreased lot sizes and retail sales (Page 31,
Item 11):
Cannabis Density: In order to have a viable discussion on “Density of Cannabis Cultivation Sites”, it would be
helpful to see a map of currently permitted and pending projects in order to ascertain density needs to be
addressed in specific areas. CAP recommends that cannabis density needs more in-depth discussion.
Reduced setbacks and decreased lot sizes. A decrease in cannabis lot size or setbacks is in direct
opposition to the increase in setbacks due to odor concerns. (Item 7.6). This exponentially opens up the
number of sites for cultivation – in particular the smaller parcels that are closer to Community Growth Boundaries
and residential neighborhoods. CAP does not support decreasing the minimum lot size from 20 to 2 acres for
M-Type and A-Type 1A, 2A and 3A , nor reducing setbacks.
Density of Retail Sales: CAP supports the LCCA recommendations as presented to the COTF on
2/6/23. “LCCA would encourage a limit of 1 Storefront Retail per every 4,000-5000 residents to mirror the average
range in many other jurisdictions as presented in the chart by Andrew at the last meeting."
6.13: Opt Out and Reduced Canopy Process Page 32, Item 13: The opt out deadline date of June 1st was
solidified by Resolution Amendment 2024-53 approved by the BOS on 5/14/2024. CAP requests that no
changes be made to the Opt-Out and Reduced Canopy Process and to amend the Code for clarification.
6.14: Fallowing (to be presented by Nara Dahlbacka) Page 32, Item 14: - The agenda does not provide
information regarding what this item will entail. CAP would like to know how this varies from the current opting
out process.
6.15: Site reclamation bond (Page 32, Item 15) - Details of what is required for site reclamation requires more
discussion. CAP supports amending the Code to require a site reclamation bond.
6.16: Method for calculating canopy (page 32, Item 16) - Details on how canopy is currently measured and what
options exist have not been included in the packet. CAP would need this information to make any comments or
recommendations.

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6.17: Preservation of viewsheds (page 32, Item 17) – As we did not receive your request for assistance until
January 31st, CAP would be able to provide details on viewshed preservation for the February 10th meeting.
6.18: Prevention of permitting where previous unpermitted land modifications and violations occurred (page
32, Item 18) - As we did not receive your request for assistance until January 31st, CAP would be able to
provide details on land modification violations for the February 10th meeting.
Sincerely,
Peter Luchetti
Angela Amaral
Jesse Cude
Holly Harris
Margaux Kambara
Tom Lajcik
Chuck Lamb
Monica Rosenthal

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Public Comment

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