Title
Department of Agriculture recommending the Board adopt and authorize the Chair to sign Resolution 139-2022, rescinding Resolution 188-2002 and revising the criteria for the establishment of agricultural preserves within the County of El Dorado to allow that commercial cannabis cultivation could be a compatible use.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
The Agricultural Commission met on November 10, 2021, December 8, 2021, January 12, 2022, and February 9, 2022. California Government Code pertaining to Agricultural Preserves, principles of compatibility, and what may constitute a compatible use on contracted use on contracted lands were reviewed.
On February 9, 2022, the Agricultural Commission passed a motion, 5-0, to send a letter of recommendation to the Board of Supervisors to support Commercial Cannabis Cultivation as a compatible use on Williamson Act Contracted Properties.
On April 12, 2022, Agriculture Department brought the item to the Board of Supervisors to conceptually approve and authorize the Department to 1) prepare amendment to Ordinance No. 5109, Commercial Cannabis, to establish commercial cannabis as a compatible use on Williamson Act properties; and 2) prepare an amendment to Williamson Act Resolution No. 188-2002 for the above changes to Williamson Act contracted properties in the County. The Board of Supervisors approved the item 5-0.
On May 4, 2022, the Agricultural Commissioner met with Planning staff and County Counsel to review the Agricultural Commission’s recommendations.
Upon further review by County Counsel, it was determined that no amendments were needed to Ordinance No. 5109 as the Commercial Cannabis Cultivation shall not be used to qualify a parcel for a Williamson Act Contract and only a revision to Resolution No. 188-2002 was required.
The Resolution would allow for Commercial Cannabis Cultivation on a parcel that has a pre-existing Williamson Act contract if in compliance with all other laws and El Dorado County Zoning Ordinance Code Section 130.40.060, and if the Agricultural Commission approves a Commercial Cannabis Use Permit for outdoor or mixed-light cultivation.
ALTERNATIVES
The Board may choose to not approve the Resolution.
PRIOR BOARD ACTION
April 12, 2022 (Legistar 22-0444)
July 16, 2002
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Planning Department
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The Department currently forwards all Commercial Cannabis Cultivation requests to the Agricultural Commission for review. The cost of this process is included in the Agricultural Budget for FY 2022-23 and there will be no additional financial impact.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Clerk of the board will obtain the Chair’s signature on one (1) original copy of the Resolution for recording of the document
STRATEGIC PLAN COMPONENT
N/a
CONTACT
Charlene Carveth (530) 621-5522