NEVADA CITY, Calif. July 12, 2016 – The last meeting between county officials and stakeholders ended on a disappointing note for patient and growers’ representatives. Nevada County’s proposal for an interim urgency ordinance dealing with marijuana cultivation appears to incorporate all the concessions made by the stakeholders but little to no “give” on medicinal cultivation. County staff will draft the interim ordinance to be presented and voted on at the July 26th Board of Supervisors meeting. The item is tentatively scheduled for 1:30 pm in the BOS Chambers.
After their last meeting, the stakeholders sent their proposals to the county with concrete numbers for the different zoning in Nevada County. Today, the county countered with their numbers. Below is a comparison of the various proposals:
| Zoning designation | R1, R2, R3 |
| Americans for Safe Access | Create a variance for patients in R-1 and R-2 zones with neighbors’ permission (like notarized landlord letters) R-1 & R-2 Zones: 1+ acres – 3 – 6 plants in greenhouses w/variance from county & neighbors R-3 Zones: no outdoor Mobile Homes: no outdoor |
| California Growers | Personal cultivation, defined by MMRSA as 100 sq/ft, could be reasonably allowed in R1 & R2 with appropriate restrictions to satisfy patient needs. |
| No on W Committee | Residential Properties (R1, R2, or R3): No cultivation allowed. |
| NC Wellness Collective | No commercial cultivation within residential zoning districts (R1, R2 and R3.) |
| Nevada County | No cultivation permitted indoors or outdoors |
| Zoning designation | RA |
| Americans for Safe Access | < 2 acres – 6 plants* < 5 acres – 12 plants* <10 acres – 18 plants* 10+ acres – 25 plants* 20+ acres- 50 plants**100 sq feet per plant if using square feet measurements instead of plant counts |
| California Growers | Personal use
In regards to strictly personal use we feel it is reasonable to offer the 100 sq/ft allowed by MMRSA regardless of zoning or parcel size as long as the proper restrictions are followed to mitigate complaints. Collective use Under 2 acres Up to a Type 1C (2500 sq/ft or 25 plants) Lot coverage: 5.74% to 2.87% Notarized Neighbor Approval 2 acres Up to 5 Acres Up To A Type 1c (2500 Sq/Ft Or 25 Plants) Lot Coverage: 2.87% To 1.15% Appropriate Setbacks 5 acres Up to 20 acres Up to a Type 1, 1A, 1B (5000 sq/ft or 50 plants) Lot coverage: 2.3% to 0.6% Appropriate Setbacks 20 acres plus Up to a Type 2, 2A, 2B (10,000 sq/ft) Lot coverage: 1.1% or less Appropriate Setbacks |
| No on W Committee | 2-5 acres: 2500 square feet or 25 plants, indoor or outdoor. 5-10 acres: 5000 square feet or 50 plants indoor or outdoor. 10-20: 10,000 square feet indoor or outdoor. 20 + acres: 10,000 square feet indoor or outdoor. |
| NC Wellness Collective | -On parcels under 10 acres, 25 plants or 2500 sf.
-On parcels over 10 acres, 50 plants or 5000 sf. |
| Nevada County | No Cultivation permitted on Parcels equal to or less than 10 acres.On parcels of greater than 10 acres up to 20 acres: Maximum of 16 plants per Parcel, Indoor or Outdoor or combination of both. 12 plant maximum Indoor. If any of the plants are cultivated Outdoors, they must be cultivated in a contiguous staked grow area which does not exceed 800 square-feet.
On parcels of greater than 20 acres: Maximum of 20 plants per Parcel, Indoor or Outdoor or combination of both. 12 plant maximum Indoor. If any of the plants are cultivated Outdoors, they must be cultivated in a contiguous staked grow area which does not exceed 1000 square-feet. |
| Zoning designation | AG, AE, FR, TPZ |
| Americans for Safe Access | < 2 acres – 6 plants* < 5 acres – 12 plants* <10 acres – 18 plants* 10+ acres – 25 plants* 20+ acres- 50 plants**100 sq feet per plant if using square feet measurements instead of plant counts. |
| California Growers | Personal use
In regards to strictly personal use we feel it is reasonable to offer the 100 sq/ft allowed by MMRSA regardless of zoning or parcel size as long as the proper restrictions are followed to mitigate complaints. Collective use Under 2 acres Up to a Type 1C (2500 sq/ft or 25 plants) Lot coverage: 5.74% to 2.87% Notarized Neighbor Approval 2 acres Up to 5 Acres Up To A Type 1c (2500 Sq/Ft Or 25 Plants) Lot Coverage: 2.87% To 1.15% Appropriate Setbacks 5 acres Up to 20 acres Up to a Type 1, 1A, 1B (5000 sq/ft or 50 plants) Lot coverage: 2.3% to 0.6% Appropriate Setbacks 20 acres plus Up to a Type 2, 2A, 2B (10,000 sq/ft) Lot coverage: 1.1% or less Appropriate Setbacks |
| No on W Committee | 2-5 acres: 2500 square feet or 25 plants, indoor or outdoor. 5-10 acres: 5000 square feet or 50 plants indoor or outdoor. 10-20: 10,000 square feet indoor or outdoor. 20 + acres: 10,000 square feet indoor or outdoor. |
| NC Wellness Collective | -On parcels under 10 acres, 25 plants or 2500 sf.
-On parcels over 10 acres, 50 plants or 5000 sf. |
| Nevada County | No cultivation on Parcels equal to or less than 2 acres in size.
More than 2 acres up to 5 acres: Maximum of 12 plants per Parcel, Indoor Only. More than 5 acres up to 10 acres: Maximum of 12 plants per Parcel, Indoor or Outdoor, or combination of both. If any of the plants are cultivated Outdoors, they must be cultivated in a contiguous staked grow area which does not exceed 600 square-feet. More than 10 acres up to 20 acres: Maximum of 16 plants per Parcel, Indoor or Outdoor or combination of both. 12 plant maximum Indoor. If any of the plants are cultivated Outdoors, they must be cultivated in a contiguous staked grow area which does not exceed 800 square-feet. More than 20 acres: Maximum of 20 plants per Parcel, Indoor or Outdoor or combination of both. 12 plant maximum Indoor. If any of the plants are cultivated Outdoors, they must be cultivated in a contiguous staked grow area which does not exceed 1000 square-feet. |
Editor’s note: Table format updated for better readability.
Stakeholders expressed their disappointment with the county’s proposal, noting that no provisions for collective cultivation were made. This, according to Forrest Hurd, will force families who cannot grow for their patients to break the law.
County officials and staff insisted the ordinance must be modest, for two reasons. First, any drastic changes could trigger a CEQA (California Environmental Quality Act) study and second the BOS needs to pass any urgency ordinance by a 4/5th majority.
Stakeholders reminded the county the will of the voters has been expressed in the June election. The ballot measure asked voters to affirm several provisions of the land use code, including the complete ban on all outdoor cultivation and a prohibition on all commercial cannabis activities. According to official election results, Measure W failed by 59.45% No to 40.55% Yes.
The county’s proposal removed two previous provisions for outdoor growing. Terracing will no longer be prohibited and setback from schools will remain at 600′ (vs 1000′ feet in prior ordinance.)