Title
Planning and Building Department, Commercial Cannabis Division, recommending the Board:
1) Adopt and authorize the Chair to sign Resolution of Intention 014-2026 to amend Title 130 of the County Zoning Ordinance, specifically for amendments to Chapter 130.41 - Commercial Cannabis related to setback reduction allowances; and
2) Provide direction to which setback reduction allowances are to be removed, amended, or should stay in effect.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
On May 13, 2025 (Legistar file 25-0373), the Board of Supervisors received a presentation from the Planning and Building Department, Planning Division and Tahoe Planning and Building Division, on major accomplishments in Fiscal Year 2024/2025 and key priorities for Fiscal Year 2025/2026. The Board discussed concerns related to Commercial Cannabis Use Permits (CCUPs) and associated requests for setback reductions. These requests have been included in the majority of the CCUPs and are source of contention and a focus point for discussion during project processing and public hearings. Setback reductions have also been a factor during consideration of actions taken by the Planning Commission or taken by the Board of Supervisors during appeal of Planning Commission decisions. For this reason, the Board requested that staff return with a Resolution of Intention (ROI) to review removal options for setback reductions identified within the Commercial Cannabis Ordinance (130.41 - Commercial Cannabis).
An ROI, as required by Zoning Ordinance Section 130.63.020, has been prepared for the Board’s consideration to pursue amendments to policies allowing for modification of required setbacks. Specifically, to remove or modify the ability for any setback from a commercial cannabis activity to be reduced in a CCUP so long as the applicant demonstrates that the actual setback will substantially achieve the purpose of the required setbacks and that the parcel was owned or leased by the applicant before voter approval of the ordinance from which the section was derived on November 6, 2018, as identified in section 130.41.100.4.C.
To that end, staff is seeking clarity on which setback reduction allowances are to be removed or amended and which, if any, should stay in effect. The Staff Memo (Attachment C) provides more detailed information regarding the applicability of special setbacks to the different types of commercial cannabis uses and a summary of the CCUPs that have been or are currently being processed and if any setback reduction request is associated with those CCUPs. The data included in the Staff Memo indicates that requests for setback reductions were included in CCUPs for most Retail Storefronts, Delivery/Distribution and Outdoord/Mixed Light Cultivation projects; however, all the appeals were associated with the Outdoor/Mixed Light Cultivation projects. It is acknowledged that removing setback reduction allowances will reduce the number of parcels that may be eligible for the different types of commercial cannabis uses. Depending on Board direction regarding which commercial cannabis uses and setback types should be included in the ordinance revision, staff can provide further analysis on how the changes will affect eligible parcels when staff presents the draft ordinance to the Planning Commission and the Board.
Should the Board decide to approve the ROI and move forward with amending the Commercial Cannabis ordinance, and because these are targeted amendments, staff intends to prepare appropriate materials for the Planning Commission’s consideration to be heard at a regularly noticed public hearing. Staff also intends to send notification of the Planning Commission hearing to recent project applicants and to the El Dorado County Growers Alliance.
ALTERNATIVES
This is a Board requested action. The Board could choose not to approve the ROI to amend the Zoning ordinance, which would result in no changes to Chapter 130.41 - Commercial Cannabis.
PRIOR BOARD ACTION
On May 13, 2025 (Legistar file 25-0373), the Board directed staff to return to the Board with a ROI to review removal of options for setback exemptions in the Cannabis ordinance.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Sheriff’s Department
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is potential impact to the General Fund as changes to the ordinance have been requested, therefore, there may be costs attributable to staff time and review of those changes. These costs would be absorbed in the FY 2025-26 budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair’s signature on one (1) original copy of the ROI; and
2) Clerk of the Board will forward one (1) electronic copy of the fully-executed ROI to Aaron Mount, Planning Manager, for further processing.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Aaron Mount, Planning Manager
Planning and Building Department