On the agenda: Lakeport meeting — Colocation (Jan 27)

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, January 27, 2025 - 1:00 PM
Conference Room C
Agenda

1. Welcome
2. Roll Call of Task Force Members
3. Consideration of Minutes from December 5, 2024, Task Force Meeting
4. Update from Board of Supervisors Input from January 14, 2025
5. 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
6. Identification of Outstanding Topics to Consider (See Attachment on page 30)
7. Public Comments
8. Adjournment
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)

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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

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

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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.
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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
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

Draft Outline of Article 73 – The Cannabis Ordinance – updated December 5, 2024
73.1

Purpose

(a) Vision Statement
73.2

Applicability & Uses Permitted

(a) Permitted Cannabis Cultivation Activities
1. Cultivation of Cannabis
2. Cultivation Processing Activities
3. Cultivation Accessory Uses
4. Small Cultivation Licenses & Permits
5. Medium Licenses & Permits
6. Large Licenses & Permits
7. Nurseries Licenses & Permits
8. Cultivation Processing Licenses & Permits
(b) Permitted Cannabis Manufacturing Activities
1. Manufacturing of Cannabis Products
2. Manufacturing Accessory Uses
3. Infusion & Packaging Licenses & Permits
4. Non-Volatile Licenses & Permits
5. Shared Non-Volatile Licenses & Permits
6. Volatile Licenses & Permits
7. Shared Volatile Licenses & Permits
(c) Permitted Cannabis Testing Laboratory Activities
1. Testing of Cannabis
2. Testing Accessory Uses
3. Testing Laboratory Licenses and Permits
(d) Permitted Cannabis Retail Sales Activities
1. Retail Sales of Cannabis Products
2. Retail Accessory Uses
3. Delivery Only Licenses & Permits
4. Retail Storefront Licenses & Permits
5. Retail Storefront with Onsite Consumption Licenses & Permits
(e) Permitted Cannabis Processing & Distribution Activities
1. Processing & Distribution of Cannabis Products
2. Processing & Distribution Accessory Uses
3. Processing & Distributor Licenses & Permits
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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

4. Distributor Transport Only Licenses & Permits
5. Distributor Self-Transport Only Licenses & Permits
(f) Permitted Cannabis Event Activities
1. Events (Small & Large)
2. Events with Onsite Consumption
3. Event Accessory Uses
4. Event Licenses & Permits
(g) Permitted Personal & Medicinal Use Activities
1. Personal & Medicinal Use of Cannabis
2. Personal & Medicinal Use Permits
73.3

General Requirements for All Cannabis Activities

(a) County Permit Requirements
Article 41 – General Performance Standards
Article 49 – Zoning Permit
Article 50 – Minor Use Permit
Article 51 – Major Use Permit
Article 54 – Design Review Permit
Article 55 – Applications
Article 56 – Development Review Permit
Lake County General Plan
Lake County Community Area Plans
California Environmental Quality Act
Draft Statement:
In order to obtain a Lake County Permit for commercial cannabis activities, as
described in Article 73.2 of this ordinance, a person or entity must ensure the
project meets all requirements for general development, performance, and
application standards of the Zoning Ordinance, the policies of the Lake County
General Plan, the policies of the applicable community area plan, environmental
requirements as described in the California Environmental Quality Act, and any
other applicable requirements described in the Lake County Municipal Code.

Motion for Consideration
a. Provide an informative statement in this section summarizing these
requirements as standard requirements for all County Use Permits
b. As standard requirements, a statement is not necessary in this section
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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

c. Provide an amended statement highlighting fewer or more than the listed
requirements above.
COTF Motion Passed - April 8, 2024
TO ACCEPT THE STATEMENT AS WRITTEN
(b) State License Requirements
1. Department of Cannabis Control Requirements, as amended
27.13(at)(1)(ii)(a)
State licensure and permits as required. A person or entity shall not engage in the
commercial cultivation of cannabis without first obtaining a Lake County minor or
major use permit, a state cannabis cultivation license, and applicable permits such as
from Department of Cannabis Control, Department of Food and Agriculture,
Department of Pesticide Regulation, Department of Fish and Wildlife, the State Water
Resources Control Board, Board of Forestry and Fire Protection, Central Valley or
North Coast Regional Water Quality Control Board, Department of Public Health, and
Department of Consumer Affairs, as appropriate.
(1) A person or entity shall not engage in commercial cannabis activities, as
described in section 73.2 of this ordinance, without first obtaining a Lake
County minor or major use permit and state licensure and permits as
required.
COTF Motion Passed – February 12, 2024
a. Maintain the current language for State License Requirements with the listed
agencies
b. Remove the listed agencies and provide a broader more encompassing
statement such as the first sentence
c. Either a or b above, with the statement “as amended” to anticipate future
regulation changes for state agencies
(c) Business Entity Requirements
27.13(at)(1)(ii)(e)
Applicant
If the applicant is other than a natural person (including general partnerships of more than
one individual natural person), the applicant must provide documentation regarding the
nature of the entity and the names of the individual natural persons who manage, own or
control the entity. The most common entities are corporations, limited liability companies
(LLCs), limited partnerships (LPs), or trusts. These entities can be multi-layered and/or
interlocking, e.g. a corporation can be owned by another corporation. If that is the case,
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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

documents for those other related entities are needed until the individual natural persons
who manage, own or control the entities can be identified.
a. For Corporations:
(1) Articles of Incorporation – file stamped by the state agency where incorporated.
(2) If not a California Corporation, the registration filed to do business in California
must be stamped by the CA Secretary of State.
(3) A list of the officers and directors of the corporation (this could be a single
person).
(4) The agent for service of process and business office address in California.
(5) A list of the shareholders of the corporation (again, it could be a single person
and the same as the officer/director). If it is a large, publicly held corporation with
many shareholders, contact the Department for direction.
(6) If a non-profit mutual benefit corporation (common under pre-MMRSA practice
for cannabis operations), a list of the members instead of the shareholders.
(7) A resolution of the board of directors authorizing the individual who will sign the
application and other documents on behalf of the corporation to do so.
b. For Cannabis Cooperative Associations:
(1) Articles of Incorporation – file stamped by the state agency where incorporated.
(2) A list of the officers and directors of the corporation.
(3) The agent for service of process and business office address in California.
(4) A list of the shareholders of the cooperative association. For the purpose of
associations organized without shares of stock, the members shall be deemed to be
“shareholders” as the term is used in the General Corporation Law.
(5) By-laws
6) A resolution of the Board of Directors authorizing the individual who will sign the
application and other documents on behalf of the corporation to do so.
c. For Limited Liability Companies:
(1) Articles of Organization – file stamped by the state agency where formed if not a
California LLC, or the registration to do business in California file stamped by the CA
Secretary of State.
(2) A list of the managing member or members of the company.
(3) The agent for service of process and business office address in California.
(4) A list of any other members of the company.
(5) The application and other documents submitted on behalf of the LLC must be
signed by a managing member.
d. For Limited Partnerships:
(1) Certificate of Limited Partnership – file stamped by the state agency where filed.
(2) If not a California LP, the registration to do business in California file must be
stamped by the CA Secretary of State.
(3) The identity of the General Partner or partners.
(4) The agent for service of process and business office address in California.
(5) A list of the limited partners of the LP.
(6) The application and other documents submitted on behalf of the LP must be
signed by a general partner.
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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

e. For Trusts:
(1) The Declaration of Trust or Statement of Trust.
(2) The name and address of the Trustee or trustees.
(3) A list of the names beneficiaries of the trust with a vested interest in the property
held by the trust (check with County Counsel for explanation and details if needed).
(4) The application and other documents submitted on behalf of the trust must be
signed by a Trustee.
Draft Motion:
a. Maintain the current language for Business Entity Requirements
b. Remove or add any sections of the current language
COTF Motion Passed - April 8, 2024
TO ACCEPT THE LANGUAGE, AMEDNIG LANGUAGE TO MIRROR STATE,
IF APPLICABLE
(d) Property Owner’s Approval (COUNTY TAX COLLECTOR IS FOLLOWING UP VIA TAX
CODE AMENDMENTS)
27.13(at)(1)(ii)(i)
If the property where the cannabis activity is to be located is not owned by the applicant,
written approval shall be obtained from the property owner(s), containing the property
owner(s) notarized signature that authorizes the tenant or lessee to cultivate cannabis at
the site. A copy of the written approval shall be maintained by the tenant or lessee and
made available for review by enforcement officials upon request. Written approvals shall be
renewed annually.
Draft Statement for Consideration:
If the property where the cannabis activity is to be located is not owned by the applicant,
written approval shall be obtained from the property owner(s), containing the property
owner(s) notarized signature that authorizes the tenant or lessee to cultivate cannabis at
the site, and the property owner shall be listed as a co-applicant and co-permittee for
the approved project. A copy of the written approval shall be maintained by the tenant or
lessee and made available for review by enforcement officials upon request. Written
approval shall be renewed annually.
Draft Motion:
a. Maintain the current language for Property Owner Approval.
Staff met with County Counsel and the Tax Collector; it was determined that the Tax
Collector will amend the Tax Ordinance to address issues related to non-payment.
COTF Motion Passed – July 29, 2024
TO ACCEPT THE LANUGUAGE AS STATED
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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

(e)

Mireya G. Turner
Community Development Director

Background Checks & Clearances
27.13(at)(1)(ii) - (f), (g), & (h)
Background Checks:
All applicants, their full-time and part-time employees, excluding licensed third-party
contractors, and their employees shall undergo a background check by the Lake County
Sheriff Department. An individual may fail the background check if employee has been
convicted of an offense that is substantially related to the qualifications, functions, or
duties of the business or profession for which the application is made, except that if the
sheriff determines that the applicant or permittee is otherwise suitable to be issued a
license and granting the license would not compromise public safety, the sheriff shall
conduct a thorough review of the nature of the crime, conviction, circumstances, and
evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant
or permittee be issued a license based on the evidence found through the review. In
determining which offenses are substantially related to the qualifications, functions, or
duties of the business or profession for which the application is made, the sheriff shall
include, but not be limited to, the conditions described in Section 26057 of the California
Business and Professions Code.
Application for Background Clearance for a County Permit
Application and Qualifications for Background Clearance for County Permit
(1) An applicant for a commercial cannabis cultivation permit shall do all of the
following:
(i) Each applicant and employee shall electronically submit to the Department of
Justice fingerprint images and related information required by the Department of
Justice for the purpose of obtaining information as to the existence and content
of a record of state or federal convictions and arrests, and information as to the
existence and content of a record of state or federal convictions and arrests for
which the Department of Justice establishes that the person is free on bail or on
his or her own recognizance, pending trial or appeal.
(ii) The Sheriff’s Office shall request from the Department of Justice subsequent
notification service, as provided pursuant to Section 11105.2 of the Penal Code,
for applicants.
(iii) The applicant will be responsible to pay any fee the Department of Justice
charges as set by the Department of Justice and sufficient to cover the
reasonable cost of processing the requests described in this paragraph.
COTF Motion Passed – July 1, 2024
AMENDING PHRASE IN DRAFT STATEMENT SHOWN IN BOLD TEXT
ABOVE
a. Maintain the current language for Background Checks and Clearances
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Page 13

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. Amend the language and requirements
c. Remove the requirements for Background Checks and Clearances
Qualifications for a Minor or Major Use Permit:
The County may deny a minor or major use permit (permit) or the renewal of a
permit if any of the following conditions apply:
(1) Failure to comply with the provisions of this chapter or any rule or
regulation adopted pursuant to this chapter, including but not limited to, any
requirement imposed to protect natural resources, in-stream flow, water
quality, and fish and wildlife.
(2) The applicant has failed to provide information required by the Lake
County Zoning Ordinance.
(3) The applicant or permittee has been convicted of an offense that is
substantially related to the qualifications, functions, or duties of the business or
profession for which the application is made, except that if the Lake County Sheriff
finds that the applicant or permittee is otherwise suitable to be issued a permit,
and granting the permit would not compromise public safety, the Lake County
Sheriff shall conduct a thorough review of the nature of the crime, conviction,
circumstances, and evidence of rehabilitation of the applicant, and shall
evaluate the suitability of the applicant or permittee to be issued a permit based on
the evidence found through the review.
Motion for Consideration
a. Maintain the current language for Background Checks and Clearances
b. Amend the language and requirements
c. Remove the requirements for Background Checks and Clearances
COTF Motion Passed – July 15, 2024
- REMOVING SECTION 1 AND 2
- KEEPING SECTION 3
- REPHRASING TITLE OF SECTION 1
(f) Activity Records
27.13(at)(1)(ii)(i)
Records
a. An applicant shall keep accurate records of commercial cannabis activity.
b. All records related to commercial cannabis activity as defined by the state licensing
authorities shall be maintained for a minimum of seven years, or the life of the permit.
c. The County may examine the books and records of an applicant and inspect the
premises of a permittee when the County deems necessary to perform its duties under this
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Page 14

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

division. All inspections shall be conducted during standard business hours of the permitted
facility or at any other reasonable time.
d. Applicants shall keep records identified by the County on the premises of the location
permitted. The County may make any examination of the records of any applicant.
Applicants shall also provide and deliver copies of such documents to the County upon
request.
e. An applicant, or its agent or employee, that refuses, impedes, obstructs, or interferes
with an inspection of the premises or records of the applicant pursuant to this section, has
engaged in a violation of this article.
Motion for Consideration
a. Maintain the current language for Activity Records
b. Amend the language and requirements
c. Remove requirements in this section
COTF Motion Passed - March 18, 2024
- TO MIRROR STATE REGULATIONS (SECTION 15037)
- KEEP RECORDS FOR UP TO 7 YEARS OR THE LIFE OF THE PERMIT
(g) Track and Trace
27.13(at)(1)(ii)(n)
Track and Trace
All permittees shall be enrolled and comply, maintaining enrollment with good standing in
Track and Trace for the life of the permit.
Motion for Consideration
a. Maintain the current language for Track and Trace
b. Amend the language and requirements
c. Remove requirements in this section
COTF Motion Passed - March 18, 2024
REPHRASE ‘ALL PERMITTEES SHALL BE ENROLLED AND COMPLY,
MAINTAINING ENROLLMENT WITH GOOD STANDING IN TRACK AND
TRACE FOR THE LIFE OF THE PERMIT’
(h) Weights and Measures (NO RECOMMENDATIONS/MOTION MADE)
27.13(at)(1)(ii)(o)
Weights and Measures

8|Page

Page 15

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

All permittees shall comply with the State of California Weights and Measures requirements
found in the California Food and Agriculture Code, California Code of Regulations, and the
California Business and Professions Code.
Motion for Consideration
a. Maintain the current language for Weights and Measures
b. Amend the language and requirements
c. Remove requirements in this section
COTF Motion Passed – June 17, 2024
MAINTAIN CURRENT LANGUAGE FOR WEIGHTS AND MEASURES
(i) Compliance Monitoring
27.13(at)(4)
Compliance monitoring
i. A compliance monitoring inspection of the cultivation site shall be conducted annually
during growing season.
ii. The permittee shall pay a compliance monitoring fee established by resolution of the
Board of Supervisors prior to the inspection.
iii. If there are no violations of the County permit or state license during
the first five years, the inspection frequency may be reduced by the Director to
every other year, unless there is a transfer of ownership, in which case annual
inspections shall resume.
Motion for Consideration
a. Maintain the current language for Compliance Monitoring
b. Amend the language and requirements
c. Remove requirements in this section
COTF Motion Passed - March 18, 2024
TO REDUCE ANNUAL INSPECTIONS TO EVERY OTHER YEAR, UNLESS
THERE IS A TRANSFER OF OWNERSHIP
(j) Annual Reports & Inspections
27.13(at)(4)
Annual Reports
Performance Review
(a) All cannabis permittees shall submit a “Performance Review Report” on an annual
basis from their initial date of operation for review and approval by the Planning
9|Page

Page 16

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

Commission. The Planning Commission may delegate review of the annual
Performance Review Report to the Director, and/or their designated
appointees, at the time of the initial hearing or at any time thereafter.
Unsatisfactory annual reports may lead to additional permitting requirements
and/or revocation. This annual “Performance Review Report” is intended to identify
the effectiveness of the approved minor or major use permit, Operations Manual,
Operating Standards, and conditions of approval, as well as the identification and
implementation of additional procedures as deemed necessary. In the event the
Planning Commission identifies problems with specific Performance Review Report
that could potentially lead to revocation of the associated minor or major use permit,
the Planning Commission may require the submittal of more frequent “Performance
Review Reports.”
(b) Pursuant to sub-section 5. i. above, all grounds and buildings shall be
inspected by the Department on an annual basis, or less frequently if
approved by the Director, pursuant to sub-section 5. i.i.i., Compliance
Monitoring Section. A copy of the
results from this inspection shall be given to the permittee for inclusion in their
“Performance Review Report” to the Department.
(c) Compliance monitoring fees pursuant to the County’s adopted master fee schedule
shall be paid by permittee and accompany the “Performance Review Report” for
costs associated the review of the report by County staff.
(d) Non-compliance by permittee in allowing the inspection by the Department, or
refusal to pay the required fees, or noncompliance in submitting the annual
“Performance Review Report” for review by the Planning Commission shall
be deemed grounds for a revocation of the development permit or use permit
and subject the holder of the permit(s) to the penalties outlined in this Code.
Motion for Consideration
a. Maintain the current language in this section
b. Amend the language and requirements
c. Remove requirements in this section
COTF Motion Passed - July 1, 2024
AMENDING PHRASES IN SECTION 27.13(at)(4) (a), (b), AND (d)
(k) Complaint Records (NO RECOMMENDATIONS/MOTIONS MADE)
27.13(au)(19)
Complaint Records
The permittee shall maintain a record of all complaints and resolution of complaints and
provide a tally and summary of issues the annual Performance Review Report.
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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

Motion for Consideration
a. Maintain the current language in this section
b. Amend the language and requirements
c. Move this section to another section
d. Remove requirements in this section
COTF Passed Motion - July 15, 2024
REFORMAT SECTIONS G-K INTO SUBSECTIONS UNDER F. ACTIVITY
RECORDS
(h) Identification of Emergency Contacts 27.13(au)(18)
Identification of Emergency Contacts
Identification of emergency contact(s) that is/are available 24 hours/seven(7) days a
week including holidays. The plan shall include the name, phone number and facsimile
number or email address of an individual working on cannabis premises, to whom
notice of problems associated with the operation of the cannabis establishment can be
provided. The cannabis establishment shall keep this information current at all times.
The applicant shall make every good faith effort to encourage neighborhood
residents to call this designated person to resolve operating problems, if any,
before any calls or complaints are made to the County.
Motion for Consideration
a. Maintain the current language in this section
b. Amend the language and requirements – add annual updated information?
c. Move this section to another section
d. Remove requirements in this section
COTF Motion Passed - March 18, 2024
REMOVE ‘MANUFACTURING’ FROM SECTION, TO MAKE APPLICABLE TO
ALL CANNABIS BUSINESS

73.4

Restrictions & Prohibited Activities

(a) Prohibited Activities
1. Tree Removal 27.3(at)(1)(iii)(a)
The removal of any commercial tree species as defined by the California Code of
Regulations section 895.1, Commercial Species for the Coast Forest District and
Northern Forest District, and the removal of any true oak species (Quercus species)
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Page 18

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

or Tan Oak (Notholithocarpus spices.) for the purpose of developing a cannabis
cultivation site should be avoided and minimized; unless otherwise specified by a
County wide tree removal Ordinance. This shall not include the pruning of any
such tree species for the health of the tree or the removal of such trees if necessary
for safety or disease concerns.
COTF Motion Passed – July 29, 2024
ADD “UNLESS OTHERWISE SPECIFIED BY A COUNTY WIDE TREE
REMOVAL ORDINANCE.”
2. Water Use 27.3(at)(1)(iii)(b) Diversion of Water (NOTE: other stormwater and
water use-related requirements are listed within the Property Management
Plan requirements section beginning on pg 27-136 of Article 27)
The utilization of water that has been or is illegally diverted from any lake, spring,
wetland, stream, creek, vernal pool, or river is prohibited. Cultivation site shall not be
connected to public water.
COTF Motion Passed – July 29, 2024
CHANGE TITLE OF SECTION TO DIVERSION OF WATER
3. Odor 27.3(at)(1)(iii)(c)
Commercial cannabis related permits operations shall not propagate objectionable
odors which cause injury, detriment, nuisance, or annoyance to any considerable
number of persons or to the public, or that endanger the comfort, repose, health, or
safety of any of those persons or the public in violation of approved Property
Management Plans or Conditions of Approval. All complaints received shall be
documented and addressed by the Permittee.
COTF Motion Passed – September 23, 2024
AMENDING PHRASE IN DRAFT STATEMENT
Motion for Consideration
a. Maintain the current language in this section
b. Amend the language and requirements – add annual updated information?
c. Move this section to another section
d. Remove requirements in this section
4. Electrical Generators 27.3(at)(1)(iii)(d)
5. The indoor or mixed-light All cultivation of cannabis shall not rely on a personal
gasoline, diesel, propane, or similar fuels, powered generator as a primary source of
power and shall only allow properly permitted (when applicable) generators for
temporary unanticipated use in the event of a power outage or emergency that is
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Page 19

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

beyond the permittee’s control. Including requirements listed for stationary
storage systems in the current CA Fire Code edition in effect, along with any CA
Fire standards that are in place regarding small combustible engines.
-

-

COTF Motion Passed – Recommendations – October 29, 2024
APPLYING TO ALL CULTIVATION OF CANNABIS
REQUIREMENTS LISTED FOR STATIONARY STORAGE SYSTEMS IN THE
CURRENT CA FIRE CODE EDITION IN EFFECT, ALONG WITH ANY CA FIRE
STANDARDS THAT ARE IN PLACE REGARDING SMALL COMBUSTIBLE
ENGINES
MOVING TO THE PROHIBITED OR RESTRICTED USES SECTION OF DRAFT
ORDINANCE
DIFFERENTIATION MADE BETWEEN (1) UNANTICIPATED OR EMERGENCY
USE (2) WAITING FOR PERMANENT POWER, INTEGRATING STATE FIRE
CODES

6. Lights 27.3(at)(1)(iii)(e)
All lights used for cannabis related permits including indoor or mixed light cultivation
of cannabis shall be fully contained within structures or otherwise shielded to fully
contain any light or glare involved in the cultivation process. Artificial light shall be
completely shielded between sunset and sunrise. Security lighting shall be motion
activated and all outdoor lighting shall be shielded and downcast or otherwise
positioned in a manner that will not shine light or allow light glare to exceed the
boundaries of the lot of record upon which they are placed. downward facing, limited
to the parcel, abiding by Dark Sky Compliance.
-

COTF Motion Passed – Recommendations- October 29, 2024
MOVING INTO DEVELOPMENT STANDARDS SECTION OF ORDINANCE
DOWNWARD FACING LIMITED TO PARCEL
DARK SKY COMPLIANCE

7. Pesticides 27.3(at)(1)(iii)(f)
The use of any pesticide that has been banned for use in the state is prohibited.
Definition of “Pesticide” includes any of the following: (a) Any spray adjuvant.
(b) Any substance, or mixture of substances which is intended to be used for
defoliating plants, regulating plant growth, or for preventing, destroying,
repelling, or mitigating any pest, as defined in Section 12754.5, which may infest
or be detrimental to vegetation, man, animals, or households, or be present in
any agricultural or nonagricultural environment whatsoever. Use of pesticides,
as defined, requires an Operator ID, and any appropriate pesticide applicator
certificate.
COTF Motion Passed – Recommendations – October 29, 2024
DEFINITION OF “PESTICIDE” INCLUDES ANY OF THE FOLLOWING:
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Page 20

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

(a.) ANY SPRAY ADJUVANT
(b.) ANY SUBSTANCE, OR MIXTURE OF SUBSTANCES WHICH IS
INTENDED TO BE USED FOR DEFOLIATING PLANTS, REGULATING PLANT
GROWTH, OR FOR PREVENTING, DESTROYING, REPELLING, OR
MITIGATING ANY PEST, AS DEFINED IN SECTION 12754.5, WHICH MAY
INFEST OR BE DETRIMENTAL TO VEGETATION, MAN, ANIMALS, OR
HOUSEHOLDS OR BE PRESENT IN ANY AGRICULTURAL OR
NONAGRICULTURAL ENVIRONMENT WHATSOEVER
Recommendations:
ADD DEFINITION OF PESTICIDES IN DEFINITION SECTION OF ORDINANCE
USE OF PESTICIDES, AS DEFINED, REQUIRES AN OPERATOR ID, AND ANY
APPROPRIATE PESTICIDE APPLICATOR CERTIFICATE
KEEP IN PROHIBITED OR RESTRICTED SECTION OF DRAFT ORDINANCE
REFER TO PESTICIDES IN DEVELOPMENT STANDARDS

(b) Protection of Minors 27.3(at)(1)(iii)(iv)
No permittee shall: a. Sell, transfer or give cannabis or cannabis products to persons
under 21 years of age; b. Allow any person under 21 years of age into the cultivation
area permitted premises; c. Employ or retain persons under 21 years of age,
pursuant to Section 15000.6 in the DCC Regulations.
COTF Motion Passed – 10/29/2024
(b.) STRIKING OUT ‘CULTIVATION AREA’ AND REPLACING WITH
PERMITTED PREMISES
(c.) ADDING IN ‘PURSUANT TO SECTION 15000.6 IN THE DCC
REGULATIONS’
(c) Exclusion Zones 27.3(at)(1)(iii)(v)
a. Commercial Cannabis Cultivation Exclusion Areas 27.3(at)(1)(iii)(v)
Commercial cannabis cultivation is prohibited within 1,000 feet of the following areas
or uses:
a. Community Growth Boundary as described in the Lake County General Plan,
b. SOS combining district,
c. Public lands, where, because of development or other actions, it is clear that the
public is invited to use such locations as places of recreation and other destination
activities, including but not limited to, hiking, bird-watching, equestrian activities, and
camping. Additionally, all State and County parks are public lands (Ordinance 3096),
including Clear Lake at 7.79 Rumsey as a public land.
d. An incorporated city sphere of influence, unless the applicant can provide a letter
of support from the City.
e. Any public or private school, grades K through 12,
f. A developed public park containing playground equipment,
g. A drug or alcohol rehabilitation facility, or
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Page 21

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

h. A licensed childcare facility or nursery school, church or youth-oriented facility
catering to or providing services primarily intended for minors.
i. Federal Indian Trust Lands, unless the applicant can provide a letter of support
from the Federal Indian Trust Landholder.
j. The distance specified in this section shall be measured horizontally from the
areas or uses to the cannabis cultivation site.
k. if the setbacks are changed, the permits approved prior to changing
setbacks abide to the regulations at the time of the first permit approval;
specifically, in regard to setbacks, outdoor cultivation, and the list of exclusion
zones A through I, only.
COTF Motion Passed – November 4, 2024
(c.) ADDITIONALLY, ALL STATE AND COUNTY PARKS ARE PUBLIC LANDS
(ORDINANCE 3096), ADDITIONALLY, RECOGNIZING INCLUDING CLEAR
LAKE AT 7.79 RUMSEY AS A PUBLIC LAND.
(k.) IF THE SETBACKS ARE CHANGED, THE PERMITS APPROVED PRIOR
TO CHANGING SETBACKS ABIDE TO THE REGULATIONS AT THE TIME OF
THE FIRST PERMIT APPROVAL; SPECIFICALLY, IN REGARD TO
SETBACKS, OUTDOOR CULTIVATION, AND THE LIST OF EXCLUSION
ZONES A THROUGH I, ONLY.
Lake County Important Farmland (at)(1)(iii)(vi)-as amended by Ordinance 3101
https://health.lakecountyca.gov/DocumentCenter/View/1353/Ordinance-3101-PDF?bidId=
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
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Page 22

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

ii. Vegetation screening shall be between Farmland Protection Zone
and the permitted cannabis canopy area.
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.
Ord. 3101 also includes the following definitions
Section 68.4 of Chapter 21 of the Lake County Code is hereby amended
with these following additions to section (f):
17. Farmland Protection Zone – Areas identified on Exhibit Map: Lake County
Farmland Protection Zone is intended to protect specific farmland designation
areas from cannabis outdoor cultivation.
18. Farmland Designation – Areas designated as prime farmland, farmland of
statewide importance, unique farmland, and farmland of local importance as
depicted on the current Lake County Important Farmland prepared by the State
of California Department of Conservation Farmland Mapping and Monitoring
Program.
COTF Motion Passed – November 15, 2024
TO INCLUDE PRIME FARMLAND, UNIQUE FARMLAND, FARMLAND OF
LOCAL IMPORTANCE, AND FARMLAND OF STATEWIDE IMPORTANCE AS
ILLUSTRATED ON CALIFORNIA CONSERVATION MAP INTO THE
BOUNDARIES DISCUSSED IN THE LAKE COUNTY IMPORTANT FARMLAND
SCETION OF THE DRAFT ORDINANCE, ALIGNING THE COUNTY FPZ MAP
WITH THE PRE-EXISTING CALIFORNIA CONSERVATION FPZ MAP
COTF Motion Passed – November 18, 2024
TO CHANGE ‘PREVENTS’ TO ‘LIMITS’ IN THE DRAFT STATEMENT FOR
CONSIDERATION
COTF Motion Passed – December 5, 2024
TO MAKE RECOMMENDATION AS FOLLOWS: WITHIN THE FARMLAND
PROTECTION ZONE ALL OUTDOOR CULTIVATION SHALL TAKE PLACE
WITHIN HOOP HOUSES, THIS SAME RESTRICTION APPLIES TO PROJECTS
WITHIN THE 1000-FT SETBACK, MEASURED FROM THE PARCEL TO THE
FARMLAND PROTECTION ZONE
Motions for Consideration
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Page 23

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 5
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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Page 24

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.
Motions for Consideration
a. Amend the language
b. Leave language as is
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.
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Page 25

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

However, all operators are required to use METRC, which allows for electronic record keeping.
State regulations are within Subsection 15037, General Record Retention Requirements.
Motions for Consideration
a. Amend language to align with State regulations
b. Amend the language with other requirements
c. Leave language as is.
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.
Motions for Consideration
a. Amend the Code to include language
b. Don’t amend the Code to include language
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).
Motions for Consideration
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Page 26

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

a. Amend the date to allow for new applications.
b. Don’t amend the date.
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.
Motions for Consideration
a. Amend the number of applications allowed.
b. Don’t amend the number.
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:

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Page 27

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

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.
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
21 | P a g e

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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

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)
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

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ITEM 6
Hello Mary,
As requested, below is a list of Public Topics that we feel have not been properly addressed in the COTF
meetings, or we wish to re-address.
We can elaborate on these topics when they are placed on the agenda.
Further, during the COTF update at the recent 1/14 Board of Supervisors meeting, it was reported that
Rebecca Harper - the Farm Bureau representative - would not be able to attend meetings for the near
future. Recognizing the importance of that perspective, the BOS requested an alternate be appointed by
the Farm Bureau. Similar to the South County position vacancy last year, we are requesting that no
decisions/votes are made until the alternate is appointed.
Thank you,
Holly Harris
Design guidelines
- Setbacks based on project size to address odor, etc.
- Caps on grow size, use of clustering
- Aesthetic issues of white plastic and tubing
- Limits/Locations of dispensaries, consumption lounges and retail sales
- particularly not where dirt road usage is required. 4290 and 4291 compliance is needed in remote and
rugged areas.
- Cap on the number/types/locations of businesses.
- Easements and property owner permissions
- Consideration of HOA CC&Rs when a project is designed.
- Maintain 20:1 acreage to cultivation ratio.
Exclusion Zones:
- Discussion about exclusion zones in general; revision of GIS exclusion zone mapping for clarity.
- Larger setback or exclusion zone around the lake due to visibility/noise- Larger setback or exclusion zone in scenic corridors or Scenic Combining zone
- Setbacks from verified organic farm/ranch operations
- Further definition of 1000 ft setback from county/state park property lines, from State Land
Commission definitions (such as Clear Lake, Rodman Slough & Cache Creek) and from public roads going
through public lands.
- Development of neighborhood opt-out zones
Environmental
- Addition of Wildfire Risk Assessment
- Drought management plan required and incorporated into Hydrology Report/Project Management Plan
as standard operating procedure
- Prohibit the practice of wells being drilled before applying for a Major/Minor Use permit to avoid CEQA
requirements
- Groundwater management with attention to safe yield; establishing “threshold” standards and
cumulative impact analysis
- Other cumulative impacts including traffic, density, fire risk.
- Prevention of permitting where previous unpermitted land modifications and violations occurred

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- Protection of sensitive ecosystems (such as Oak Woodlands)
- Use of non-recyclable grow bags
- Better odor management for outdoor cultivation.
- Well data/water usage to be compiled from Annual Reports, shared with County drought management
and other groundwater management entities, and used for cumulative impact analysis
Permitting system
- Revised complaint system and reporting.
- Business transparency and improvement between owner/lessor/contractor licenses and permits.
- Requirement of FINCEN ID for LLCs
- Discussion on Annual Reports, Annual Inspection, Summary Reports and Conditions of Use monitoring.
- Updating of permit documentation and Planning Commission evaluations (Article 64 of the Zoning
Ordinance)
- Discussion on requiring the 10-year discretionary use permit to include a 2-year probationary permit
review to ensure COUs and operating practices are met. Require an Initial Inspection before business
operations begin to ensure that all COUs are properly in place.
- Discussion on practice of allowing non-cultivation to continue as long as the Annual Inspection fee is
paid.
- Enforcement and fines on violations; violation severity list; violations to have gravity significant to deter
and usefulness to Code Enforcement
Items to Readdress
- Property owner included on the permit/application per Tax Collector's guidelines.
- Zoning and Permitting Table
--- Remove cultivation from RR and SR residential zones.
--- Change permit type for retail and consumption events to MUP/UP.
--- Remove all events from very rural settings with inadequate roads/fire safety issues.
- Preserving and protecting prime (and other) agricultural lands from development.
- Removal of hoop houses in FPZ zones.
- Protection of sensitive ecosystems (such as Oak Woodlands)

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PUBLIC COMMENT
JANUARY 27, 2025
From Bill Wislon on January 16, 2025 - Cannabis Research and Impact
As more states legalize recreational and medicinal cannabis, we’re starting to see the
environmrntal impact of marijuana cultivation like never before. Excessive water and energy
consumption, extraction practices, and even cannabis disposal each have their own
environmental footprint, but just how bad is it? Could our expanding marijuana market actually
be destroying the planet?

The Environmental Impact of Cannabis Terpenes
When we think about the environmental effects of cannabis cultivation, we tend to think of the
manufacturing process – chemicals, water, energy. But researchers are finding that the
cannabis itself can be a significant pollutant when grown in large quantities.
William Vizuete, associate professor at the University of North Carolina’s Gillings School of
Public Health, led a comprehensive study, examining the environmental impact of terpenes, the
natural plant oils that give marijuana it familiar aromas. Terpenes have been shown in studies to
promote certain therapeutic effects when consumed, but they’re also a form of volatile organic
compound (VOC).
Vizuete, along with a team from the University of Colorado Boulder and England’s Lancaster
Environment Centre, grew four strains of marijuana in an enclosed chamber over 90 days.
During that time, the team measured the terpene release and used their findings to calculate the
emissions potential in a full-scale outdoor grow.
The team concluded that marijuana jas the potential to more than double the existing rate of
VOCs in the atmosphere. This is concerning because the VOCs interact with other
contaminants in the environment to create ozone, an unstable toxic gas, Vizuete and his team
estimated that the added VOCs caused by cannabis cultivation can produce more than 2,000
metric tones of ozone per year – from the cannabis market alone.
There are ways to mitigate these effects, however. For instance, many indoor grow houses are
using massive carbon filteration systems to remove VOCs. This isn’t so easy to do in an outdoor
grow setting, but fortunately, ozone levels are less likely to spike in plant-rich environments that
lend themselves to outdoor growing.

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Cannabis Environmental Best Management Practices Guide

AIR QUALITY

Page 33

october 2019

Cannabis plants naturally emit terpenes,
which are volatile organic compounds (VOCs),
as they grow. Marijuana Infused Product
(MIP) facilities also emit VOCs from solvent
evaporation during extraction processes. VOCs
react with oxides of nitrogen in the presence
of sunlight to create ground-level ozone, a
pollutant that is dangerous to human health
and the environment. Controlling emissions
of VOCs from cultivation and MIP facilities
helps improve air quality, which is especially
important in urban areas and from May to
September, when ground-level ozone levels
often exceed health standards.
This guide provides recommended best
management practices to improve air quality
impacts and reduce VOC emissions from
cannabis industry operations.
CARBON FILTRATION

Installing control technologies can reduce
the amount of VOC emissions released
from cultivation and MIP processes while
simultaneously controlling odors. Carbon
filtration is currently the best control
technology for reducing VOC emissions from
cannabis cultivation and MIP facilities. Best
management practices for carbon filtration
include:
• Design and invest in a carbon filtration
system appropriate to your facility and
don’t exceed the maximum rated cubic
feet-per-minute rating for air circulation
through the filter.

In Denver, an odor ordinance requires that
cultivation facilities control the odor impacts
of their growing operations. Denver Revised
Municipal Code, Chapter 4 – Air Pollution
Control, Section 4-10.
SOLVENT EXTRACTION

Only certain solvents are permitted for use
in Colorado MIP facilities: butane, propane,
CO 2, ethanol, isopropanol, acetone,
heptane and pentane. All but CO2 release
VOCs when they evaporate. The disposal
of solvents by evaporation or spillage is
prohibited. Best management practices for
solvent extraction include:
• Regularly inspect all solvent storage devices
and extraction system to prevent leaks.
• Be careful to prevent leaks during the
transfer of solvents between containers
and systems at all stages of the production
processes.
• Ensure that solvent is always kept in a
closed-loop extraction system or sealed
container.
• Maintain an inventory of all solvents and
their use over time.
Air quality regulations may apply to MIP
facilities, depending on the annual amount
of solvent lost to evaporation: www.colorado.
gov/pacific/cdphe/greencannabis/air-quality
BENEFITS OF VOC/ODOR CONTROL

• Choose a filter with a high VOC removal
efficiency.
• Inspect and conduct regular maintenance
of HVAC systems and carbon filters.
• Make sure that all operations are conducted
within sealed infrastructure, and check
regularly to ensure there are no leaks.
• Have a documented system in place to
respond to odor complaints.
• Develop training for staff members
to ensure best practices are being
implemented as a part of the routine facility
operating procedure.

• Reduces community odor complaints and
improves neighborhood relations.
• Improves public and environmental
health by helping to reduce local ozone
concentrations.
• Enhances your brand image with
environmental stewardship.
• Helps to shift the cannabis industry at large
toward sustainable and environmentally
conscious business practices.

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AIR QUALITY
INTRODUCTION

The cannabis industry directly impacts air
quality in two predominant operations:

SUSTAINABILITY
ASPECTS AND IMPACTS

1. Plant growth cultivation
2. Marijuana Infused Product (MIP) facilities

Odor control

At cultivation facilities, the natural growth
of cannabis plants and other processes
emit terpenes, which are Volatile Organic
Compounds (VOCs) known for their strong
odors. At MIP facilities, the evaporation
of solvents and other processes in the
production cycle results in Volatile Organic
Compound (VOC) emissions. VOCs alone do
not typically pose a direct threat to human
health or the environment.

Regulatory compliance

However, they do contribute to ground-level
ozone by chemically reacting with other
types of pollution, specifically, nitrogen
oxides (NOx) in the presence of sunlight.
Ozone is an air pollutant that is harmful to
human health and negatively impacts the
environment; therefore, it is important that
the cannabis industry mitigate VOC emissions
in their processes. This chapter provides
recommended best management practices to
improve air quality impacts and reduce VOC
emissions from cannabis industry operations.
In Colorado’s Front Range, cultivation and
MIP facilities are generally in dense urban
areas near heavily trafficked highways and
other industrial sources of NOx pollution.
Because VOCs require the presence of NOx
and sunlight to form harmful ozone, VOCs
from these facilities have a greater impact on
ozone formation than facilities in rural areas.
This makes mitigating VOC emissions from
the cannabis industry especially important in
these regions. Fortunately, most odor control
practices at cultivation and MIP facilities
also substantially reduce VOC emissions.
The correct operation and maintenance of
odor control systems at cultivation and MIP
facilities is a best management practice
for reducing air quality impacts from the
cannabis industry.

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Indoor air quality
Community relations
Employee well-being
Regional stakeholder alignment
Operational and compliance
budgets

2

CULTIVATION FACILITIES

As cannabis plants grow, they release a
distinctive range of odors which are made up
of different types of VOCs called terpenes.

Activities during the cultivation or production
cycle that release significant odors also release
elevated VOCs during that time. Installing control
technologies can reduce the amount of VOC
emissions released from the cultivation process
and control odors in compliance with the Denver
city and county odor ordinance. Highly reactive,
ozone-forming terpenes commonly emitted from
cannabis cultivation include: pinene, limonene,
myrcene, and terpinolene.
CARBON FILTRATION - BEST OPTION FOR
CONTROLLING ODORS AND VOCS

Carbon filtration is currently the best control
technology for reducing VOC emissions from
cannabis cultivation facilities. Carbon filters are
simple to install, inexpensive, effective, and
reliable when properly maintained and replaced.
These filters work by using an absorption process
where porous carbon surfaces chemically
attract and trap VOCs along with other gas
phase contaminants. As the filter ages, less
carbon surface area is available to trap VOCs;
at this point the filter will need to be replaced.
Depending on the filter load, most carbon filters
will last 6-12 months in a commercial cultivation
environment and should be replaced according
to the manufacturer’s recommendations.

air-flow requirements. Maintaining an optimal
environment can require multiple filters. Carbon
filters can be used in combination with other
odor control technologies.

Benefits:
• Improve indoor air quality by capturing
airborne gas phase contaminants and odors.
• Control the odor impacts of the facility:
A properly installed and maintained
carbon filtration system is highly effective
at controlling odors. This satisfies the
requirements of the odor ordinance in
Denver and improves community relations
as well as business reputation.

• Control VOC emissions: a carbon filtration
system will control odors and can remove
VOC emissions. This improves public health
and the environmental impacts of the facility.

Recommended best practices:
• Design and invest in a carbon filtration
system that meets the specific needs
of your facility. It is recommended that
you work with an HVAC consultant with
cannabis industry experience.

• Get information from the manufacturer
about the effectiveness of the filter at
removing VOCs and choose a filter with a
high efficiency rate.

• Do not exceed the maximum rated cubic
feet-per-minute rating for air circulation
through the filter. If you exceed this max flow
rate, the passing air will not have enough
“contact time” with the carbon, and the filter
will not be effective at removing VOCs.

• Regularly inspect your filter and replace the
filter if it is releasing a smell near the filter
effluent, or has reached its lifespan according
to the manufacturer’s specifications.
Carbon filters can operate as stand-alone
units that clean and recirculate the air, or can
be integrated into the HVAC system. Typically,
carbon filters are at their peak performance
when positioned at the highest point in your
grow space where heat accumulates. High
humidity levels hinder filter performance, so this
control technology is better suited for facilities
with environmental controls. An effective
filtration system must be properly sized
according to the space needed for volume and

• Time your filter-replacement schedule
so that filters are replaced in early May,
the beginning of the ozone season.
This ensures that the filter is at peak
performance for VOC removal during
the high ozone season, resulting in the
greatest public health benefits.

• Using a pre-filter can help preserve the life
span of your carbon filter, because it can
capture particles before they take up surface
area on the filter. Pre-filters should be replaced
about every 6-8 months for proper air flow.

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3

BIOFILTERS AND CHEMICAL ODOR TECHNOLOGY

Biofilters are an emerging odor technology that could prove to be more cost effective and less resource
intensive than carbon filtration once it is refined in the future.
These filters use an organic medium, such as wood chips, that are inoculated with bacteria and
consume odorous molecules. Research is currently being conducted on biofilters that contain bacteria
that will consume terpenes and will not harm the cannabis plants. Biofiltration is successful at treating
biodegradable VOCs, but it requires a large footprint and careful operation control.
Odor absorbing neutralizers: use oils and liquids from plant compounds and mist them into the exhaust
air at cultivation facilities to neutralize odorous VOCs. Contact your odor control supplier about the
effectiveness of VOC reduction, as it will vary (20%-90%) by product and contact time.
Masking and counteractive agents: use chemical odor control technologies that are misted at the
cultivation facility’s exhaust. The use of these agents is subject to Colorado’s air quality regulations.
Higher VOCs are associated with this technology, which lead to more severe impacts of air quality and
are not recommended in urban areas.
Ozone generators: are mostly used for sanitization purposes and have also been used in industrial
settings to control strong odors. These generators are harmful to humans and can damage or destroy
crops because they are a direct emission source of ozone pollution; therefore, ozone generators are not
recommended as a best practice for odor control.
Recommended best practices:

• Regularly inspect and perform maintenance checks on your HVAC system and ducting to ensure
it is operating optimally and that the airflow is properly controlled. Keep windows and doors
closed in cultivation areas, and inspect the infrastructure for potential leaks.
• For greenhouses, “sealing” the grow space and circulating inside air for one week’s time is a
common practice that allows the VOC concentration to build up within the greenhouse. When
it is time to “purge” the greenhouse by bringing in fresh air, do this at a time when the potential
for ozone formation is lowest (e.g., evenings, windy days, and cloudy days). Avoid purging air
during times that have the highest risk of ozone formation (e.g., mornings, sunny and hot days,
and stagnant weather).

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• Make sure that the temperature and
relative humidity are under control within
tolerance levels of the cultivation room.
High temperature and humidity will
perpetuate any odor issues the facility is
producing; this is especially true during
the flowering phase of cultivation. Proper
air circulation is critical for maintaining
temperature and humidity control.
• Have a documented system in place
for recording and responding to odor
complaints in compliance with Denver’s
Odor Ordinance.
• Purchase a “scentometer” or Nasal
Ranger to be able to quantify odors
and record “defensible data” from selftesting. This can be used to determine
if your operation is meeting local odor
regulations.

• The harvesting phase results in a higher
emission of VOCs than other cultivation
phases. Time the harvesting phase to
minimize its ozone impact, with respect
to time of day, time of year and periods
with high forecasted ozone. Minimize
emissions during the morning and early
afternoon, and during the summer.

• Develop training and allocate
responsibilities for staff members to ensure
best practices are being implemented
consistently and continually as a part of the
routine facility operating procedure.
• Communicate and coordinate with other
cannabis cultivators to learn what solutions
are the most practical and effective.
MIP FACILITIES AND EXTRACTION
PROCESSES

MIP facilities manufacture marijuana
concentrates and infused products such as
edibles, ointments, and tinctures.
These methods can be divided into two
main categories: solvent and solventless
extractions. Solvent extraction methods
apply a chemical to remove terpenes and
cannabinoids from the plant, which results
in a variety of different products. Solventless
extraction methods involve the use of physical
methods to create concentrates.

The processing of plants where solvents are used
to extract cannabis concentrates is considered
a manufacturing process that is subject to state
air quality regulations. The applicability of the
air quality regulations will depend on the annual
amount of VOC emissions quantified in tons
emitted per year. It is the responsibility of the
business to calculate an estimate of their VOC
emissions from solvent extraction. For specific
guidance on air quality requirements for MIP
facilities and how to calculate emissions, visit:
www.colorado.gov/cdphe/greencannabis.
The Colorado Small Business Assistance Program
can also help you calculate your annual air
emissions for free by calling 303-692-3175.

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5

Regulatory Applicability

• CCR 212-1 M 605 D4 requires a
professional-grade, closed-loop
extraction system capable of recovering
the solvent, with the exception of ethanol
and isopropanol solvent-based systems
(CCR 212-1 M 605 E). The disposal
of VOCs by evaporation or spillage
is prohibited under 5 CCR 1001- 9
Regulation 7 V.A.

• CCR 212-2 R 605 A2 delineates the
solvents that are permitted for use.
The rule states: “A Retail Marijuana
Products Manufacturing Facility may also
produce Solvent-Based Retail Marijuana
Concentrate using only the following
solvents: butane, propane, CO2, ethanol,
isopropanol, acetone, heptane and
pentane. The use of any other solvent is
expressly prohibited unless and until it is
approved by the Division.”
• All permitted solvents besides CO2
are VOC-based and result in direct
VOC emissions when evaporated. The
law is the same for medical marijuana
concentrate production and is provided in
CCR 212-1 M 605 A2. This list of solvents
was formulated with the health and safety
of workers in mind, and using any other
solvent is a violation of the law and could
also lead to negative air quality impacts.
CCR 212-1 M 605 D5 requires that all
solvents used are food grade or at least
99% pure.

SUSTAINABILITY
ASPECTS AND IMPACTS

Effluent discharge
Regulatory compliance
Indoor air quality
Energy consumption
GHG emissions
Water quality
Community relations
Employee well-being
Operational and compliance
budgets
Climate

Recommended best practices:

• Regularly inspect and maintain all storage
devices of solvents to prevent leaks.
• Conduct regular maintenance and
inspection of the extraction system to
ensure that it is functioning properly,
without direct leaks of the solvent.
• Take caution to prevent leaks during the
transfer of solvents between containers
and systems at all stages of the production
processes.

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• Never dispose of a solvent through direct
evaporation or spillage; ensure that the
solvent is always recovered and kept
in a closed-loop extraction system or
designated container
• Maintain an inventory of all solvent liquids
and ensure that the facility operating

procedure allocates responsibility to keep
an updated list.
• Develop training and allocate
responsibilities for staff members to ensure
best practices are being implemented
consistently and continually as a part of the
routine facility operating procedure

Conclusion
Limiting activities that emit VOCs and making sure that odor control systems are optimally operating
during high ozone periods can substantially improve the air quality impacts of cannabis facilities.
It is recommended that an employee committee is designated to develop and implement a BMP
plan specific to the facility needs. Establishing and communicating BMPs through adequate training
can help ensure that this becomes an integrated part of the routine operation in cannabis facilities.
Colorado’s cannabis industry can adopt BMPs that improve their air quality impacts, bolster their
reputations as stewards of the environment, and control their odor, as well as air quality emissions.

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denvergov.org/dphe
twitter.com/ddphe | facebook.com/denverenvironmentalquality

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