Non-Retail Commercial Cannabis Update

2025080729

Santa Cruz County

NOE - Notice of Exemption

8/18/2025

8/18/2025

David Carlson

County of Santa Cruz

Resource Planner

Lead/Public Agency

701 Ocean Street
santa cruz, CA 95060

(831) 454-3173

david.carlson@santacruzcountyca.gov

Countywide

Categorical Exemption

CEQA Guidelines 15301 and 15304

The proposed changes qualify for exemptions from CEQA per Sections 15301 and 15304 of the CEQA Guidelines. An agency may combine several exemptions to find an entire project is exempt. The changes to Santa Cruz County Code section 13.10.650 are exempt via the class 1 categorical exemption defined in Section 15301 of the CEQA guidelines which entails changes to existing facilities. As stated in the CEQA Guidelines, the key consideration for applying this exemption is whether the project involves negligible or no expansion of use. Section 15301 lists six different examples of the projects that would be expected to fall within Class 1. However, the types of “existing facilities” itemized within Class 1 are not intended to be all-inclusive of the types of projects which may fall within the class. The following are some examples listed in Section 15301: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized above are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use. The expansion of the cannabis use is substantially similar to the existing principally permitted agricultural uses of growing plants for commercial purposes. The expansion of cannabis uses will use less water than all but one type of existing commercial agriculture operations (apple orchard) that we observe throughout the County. The expansion of cannabis cultivation within prior commercial uses will be less intense than other commercial uses which include commercial agriculture and visitor accommodations. The land use designations that will be impacted by this project include the Commercial Agricultural, Special Use, and Timber Production zone districts. These zone districts share a goal of agricultural land preservation and allowing cannabis cultivation to expand within these districts aligns with this goal. Section 15304 of the CEQA Guidelines involves minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. Examples of these types of Class 4 projects listed in Section 15304 of this exemption include, but are not limited to: •Grading on land with a slope of less than 10% and not in a waterway, wetland, designated scenic area, or official areas of geologic hazard. •New Gardening or Landscaping, including the replacement of existing conventional landscaping with water resistant or fire efficient landscaping. • Minor temporary us of land having negligible or no permanent effects on the environment. • Minor trenching or backfilling where the surface is restored. The Class 4 exemption applies to this proposed project as the project consists of permitting cannabis cultivation activities in previously disturbed soils which have been zoned for agricultural and/or commercial use. This project may result in minor agricultural grading and other minor land disturbing activities associated with the cultivation of crops for commercial purposes.