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County of Colusa – Ordinance No. 812

02/25/2021 - WPR# 2021-0337

COUNTY OF COLUSA
ORDINANCE NO. 812

AN ORDINANCE OF THE COLUSA COUNTY BOARD OF SUPERVISORS AMENDING CHAPTER 11 OF THE COLUSA COUNTY CODE REGARDING EXTENDING THE EXPIRATION DATE FOR THE PROVISIONS ALLOWING COMMERCIAL CANNABIS OPERATIONS. 

The Board of Supervisors for the County of Colusa ordains as follows:

SECTION 1

Section 11-7.7 of Chapter 11 of the Colusa County Code is amended to read:

11-7.7 Expiration of provisions allowing commercial cannabis operations.

All Code sections and provisions in this chapter allowing commercial cannabis operations, with the exception of industrial hemp cultivation, will automatically end and no longer be in effect on February 22, 2022, or until the city of Colusa completes its annexation of the area provided for in section 11-7.1(b), whichever comes first. Upon termination of the provisions, any licenses issued under this chapter, with the exception of those licenses allowing industrial hemp cultivation, will automatically be revoked and all unlicensed commercial cannabis operations will be prohibited from operating and constitute a public nuisance subject to abatement under this chapter.

SECTION 2

This ordinance is exempt from the California Environmental Quality Act (CEQA) because it is not a project under CEQA. Additionally, if it were deemed a project it would be categorically exempt under California Code of Regulations Title 14, Division 6, Chapter 3 Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3) because there is no possibility that the project may have a significant effect on the environment.

SECTION 3

The provisions of Chapter 11 are severable and if any provision of Chapter 11 or its application in a particular circumstance is held invalid, the remainder of the Chapter, including the application of such part or provision in another circumstance, will not be affected and will continue in full force. The Board of Supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase in Chapter 11 irrespective of the fact that any one, or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid or unenforceable.

SECTION 4

This ordinance shall become effective thirty (30) days after its passage. It shall be published once with the names of the members of the Board of Supervisors voting for and against the ordinance in a newspaper of general circulation published in the County of Colusa, State of California, within fifteen (15) days after its passage.

Introduced at a regular meeting of the Board of Supervisors held on the 2nd day of February, 2021, and passed and adopted by the Board of Supervisors of the County of Colusa, State of California, on the 16th day of February, 2021, by the following vote:

AYES:       Supervisors Daurice K. Smith, 

Kent S. Boes, Denise J. Carter, 

J. Merced Corona, and Gary J. Evans. 

NOES:        None.

ABSENT:    None.

/s/ Gary J. Evans, Chair Colusa County Board of Supervisors

ATTEST: Wendy G. Tyler, Clerk to the Board of Supervisors

/s/ Melissa Kitts, Deputy Clerk

APPROVED TO FORM:

/s/ Marcos A. Kropf, County Counsel

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