Title
Hearing to consider Revisions to Cannabis Setbacks Reductions for Parcels Owned or Leased Prior to November 6, 2018.
Body
DISCUSSION / BACKGROUND
On May 13, 2025 (Legistar File 25-0373), the Board of Supervisors (Board) received a presentation from the Planning and Building Department, Planning Division and the Tahoe Planning and Building Division, outlining major accomplishments during Fiscal Year 2024/2025 and key priorities for Fiscal Year 2025/2026. During this presentation, the Board discussed concerns related to Commercial Cannabis Use Permits (CCUPs) and associated requests for setback reductions. The Board directed staff to return with a Resolution of Intention (ROI) to review removal options for setback reductions identified within the Commercial Cannabis Ordinance.
Pursuant to Section 130.63.020 of the Zoning Ordinance, which requires County-initiated Zoning Ordinance amendments to be initiated by a ROI by the Board, staff recommended that the Board approve further amendments to the Zoning Ordinance, Chapter 130.41 - Commercial Cannabis.
On January 13, 2026 (Legistar File 25-1617), Planning staff presented ROI 014-2026 to the Board, along with information regarding the applicability of special setbacks to different commercial cannabis uses and the incorporation of setback relief into approved, denied, and pending/processing CCUPs. The Board discussed the various cannabis use types and their associated setbacks, with the primary focus on setback requirements for outdoor/mixed-use cultivation.
The ROI was adopted January 13, 2026, by a 4-1 vote, directing staff bring the following to the Planning Commission for consideration:
1. Amend Section 130.41.100.4.C of the El Dorado County Zoning Ordinance, 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 setback 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.
CONTACT
Aaron Mount
Planning and Building Department, Planning Division