An updated draft of the proposed cannabis business ordinance is heading to county supervisors after the Planning Commission approved changes at its Nov. 14 meeting.
County voters approved Measure C in June to create a tax on cannabis businesses. The county has been developing a cannabis ordinance since 2017.
Commissioners approved minor language changes like eliminating specific hours of operation to reflect the county’s intent in regulating the industry.
During public comment, resident Steve Becerra said that since there are going to be commercial cannabis businesses in San Benito County, the process should move forward and be fair to those that want to be part of the industry.
Despite wanting to move the ordinance forward, Becerra requested that county staff look into how cannabis facilities affect the value of neighboring property and tourism in the county.
“We need to take that into consideration,” he said. “We need to focus on what people see when they come in [through] Highway 25, what they see when they go down Cienega Road to the wineries, what they see when they go down Fairview Road to the Pinnacles and to the wineries in that area.”
Resident Elia Salinas, who is the director of community relations for local medical cannabis company Agripharma Extraction LLC, addressed Becerra’s concern about tourism, saying San Benito County can benefit from cannabis in increasing tourism just like many areas around the states do.
Responding to Becerra’s concern, the Planning Commission discussed mandating permit holders to conceal cannabis facilities with natural landscape.
Commissioners also directed staff to include a description of the evaluation process that will be used in case the county receives more applications for permits than the 50 allowed for cultivation after resident and former mayor Tony Laboe pointed out that it was not described in the ordinance.
The proposed ordinance states that applicants would be scored and ranked by a third party, but does not specify how applications will be evaluated.
Commissioner Ray Pierce said locals should be a priority if applications exceed the maximum, but admitted he was unaware if that was legal.
Resident Tim McCord said his concern is dealing with the odor issues of cannabis.
“I’ve shot skunks and I’d rather smell skunk than having that odor 24-7,” McCord said.
He added wind directions need to be taken into consideration as well as contamination to the ground and water aquifers.
Other concerns discussed by the commissioners included security needs, setback distances, and protecting the groundwater and surrounding land from pesticide contamination.
Commissioner Pat Loe said it was important to set standards for night lighting in order to ensure visibility for security, but not affect neighbors.
Pierce voiced concern over security guard qualifications to carry guns and wanted the San Benito County Sheriff’s Office to have input in deciding if it was appropriate to allow it.
David McPherson of HdL Companies said the sheriff had discretion in allowing guards to carry guns. The county approved a one-year contract with HdL in July to assist staff with design of the cannabis business ordinance and application review process.
McPherson presented an overview of the ordinance to the Board of Supervisors at the Sept. 25 meeting in which age restrictions, types of permits and county control of businesses were discussed.
Commissioner Valerie Egland proposed for cannabis businesses to hire security from local law enforcement, which would increase the amount of patrols throughout the county. However, Pierce said despite being a good alternative, it would not be possible because of liability issues.
Principal planner Taven Kinison Brown said during his presentation that the county’s setback requirements for a cannabis facility are a minimum of 100 feet from the property line except in industrial zones; 1,000 feet from schools, emergency facilities and any other “sensitive use” parcels; and 300 feet from any residential zone.
After commissioners discussed whether the language suggested property lines or the distance between buildings, Dickinson clarified the boundary lines refer to parcel borders.
The cannabis ordinance is expected to go before the Board of Supervisors at the upcoming Nov. 20 meeting. The meeting agenda can be found on the county website here.
Other BenitoLink articles related to cannabis and San Benito County:
New cannabis draft ordinance sets business permit, age requirements
San Benito County partners with HdL Companies to design cannabis ordinance
Residents plead for county to expedite cannabis growing ordinance
Supervisors extend pot cultivation ban; Purple Cross RX robbed