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Agenda Item
ASR
Control 25-000926 |
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MEETING
DATE: |
02/10/26 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
All
Districts |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Justin
Kirk (714) 667-1627 |
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Cindy
Salazar (714) 667-8870 |
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Subject: Amend Orange County Codified
Ordinance and Adopt Zoning Code Amendment CA 25-02
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Resolution(s) and Ordinance(s) |
Public
Hearing |
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3
Votes Board Majority |
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Budgeted: N/A |
Current Year
Cost: N/A |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 7/28/2020 #28, 12/5/2017 #39,
12/7/2010 #28, 12/17/1986 |
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RECOMMENDED
ACTION(S):
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1. |
Find that the Ordinance is not a project
within the meaning of the CEQA Guidelines Section 15378 and is therefore not
subject to review under CEQA. |
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2. |
Read the title of the Ordinance. |
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3. |
Order further reading of the Ordinance
be waived. |
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4 |
Conduct Public Hearing. |
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5. |
Consider the matter. |
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6. |
Direct the Ordinance and Resolution to
be placed on the agenda of the next regularly scheduled Board of Supervisors
meeting for adoption. |
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7. |
At the next regularly scheduled meeting,
consider the matter and adopt the Resolution adopting Zoning Code Amendment
CA 25-02 – Commercial Cannabis Activities and Outdoor Personal Cultivation
Prohibition Ordinance. |
SUMMARY:
Approval of the proposed ordinance
updates will allow the County of Orange to comply with recent state law changes
regarding imposition of fines for commercial cannabis activities and establish
explicit authorization for the use of the abatement warrant procedure and
clarify summary abatement procedures.
BACKGROUND
INFORMATION:
In 1986, the Board of Supervisors
(Board) adopted an abatement ordinance, codified in the Orange County Codified
Ordinances (OCCO) Section 3-14-2. The ordinance provides remedies for abating
public nuisances. The proposed amendments update OCCO Sections 3-14-2 through
3-14-16, and land use regulations and site development standards, consistent
with the County of Orange’s (County) authority pursuant to Government Code
Title 7 – Planning and Land Use (Sections 65000-66499.58). The proposed
amendments to the abatement ordinance establish updated abatement practices and
procedures to facilitate enforcement under OCCO Title 3 – Public Morals, Safety
and Welfare.
On December 7, 2010, the Board
adopted OCCO Sections 5-1-31 to 5-1-33 to prohibit the sale or distribution of
marijuana or any other controlled substances that are illegal under local,
state or federal law, and establish penalties for violations. On December 5,
2017, the Board further amended the ordinance to prohibit all commercial
cannabis activity (medical or non-medical), including retail sales,
distribution, commercial cultivation, outdoor personal cultivation, delivery,
manufacturing and testing. These amendments reaffirmed the County’s prohibition
on cannabis sale and distribution within unincorporated Orange County. On July
28, 2020, the Board adopted OCCO Section 7-9-103 to prohibit commercial
cannabis activities and outdoor personal cultivation in all zoning districts.
The proposed amendments would
update OCCO Sections 3-14-2 through 3-14-16, 5-1-31, 5-1-33 and 7-9-103 to
comply with Assembly Bill 1684 (Attachment C) regarding fines for commercial
cannabis activities and to reflect current planning and development practices.
Under the amendments, the County may issue a $1,000 fine immediately upon
confirmation of a violation, except when the property owner is not complicit in
the illegal commercial cannabis activity. The intent is to discourage property
owners from knowingly leasing property for illegal cannabis operations.
Planning
Commission Action
On December 10, 2025, the Planning
Commission (Commission) held a public hearing and adopted Resolution No.
2025-07 (Attachment D), recommending that the Board adopt the proposed
amendments. The Commission’s recommendation supports allowing immediate fines
for commercial cannabis violations and clarifying authority for abatement
warrants and summary abatement procedures.
Compliance
with CEQA: This
action is not a project within the meaning of CEQA Guidelines Section 15378 and
is therefore not subject to CEQA, since it does not have the potential for
resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. The
approval of this agenda item does not commit the County to a definite course of
action in regard to a project, since it is an update to the County of Orange
Nuisance Abatement Ordinances. This proposed activity is, therefore, not
subject to CEQA. Any future action connected to this approval that constitutes
a project will be reviewed for compliance with CEQA.
FINANCIAL
IMPACT:
N/A
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Resolution
Attachment B - Ordinance
Attachment C - California Assembly Bill 1684
Attachment D - Planning Commission Resolution No. 25-07
Attachment E - Proposed Zoning Code Amendment CA 25-02 (Ordinance Redline)