Title
HEARING - To consider the Planning Commission’s recommendation to approve Ordinance 5269 (Alternative A), amending Section 130.41.100.4.C of Title 130 (Commercial Cannabis Activities Permitting and Enforcement - Commercial Cannabis Use Permit) of the El Dorado County Ordinance Code to modify provisions to the reduction of setbacks for commercial cannabis activities, and staff recommending the Board of Supervisors take the following actions and considerations:
1) Find Ordinance 5269 exempt from the California Environmental Quality Act (CEQA) under Sections 15060(c)(2) and 15378 of the CEQA Guidelines;
2) Approve and adopt Ordinance 5269 (Attachment B), amending Section 130.41.100.4.C of Title 130 of the El Dorado County Ordinance to remove the ability to reduce setbacks for commercial cannabis outdoor/mixed-light cultivation as detailed in the Ordinance (Alternative A); and
3) Consider a re-evaluation of the setback requirements for Commercial Cannabis Testing Laboratories and provide feedback and direction to staff, including returning with a Resolution of Intention if necessary.
FUNDING: General Fund - 100%.
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DISCUSSION / BACKGROUND
On May 13, 2025 (Legistar File 25-0373), the Board of Supervisors (Board) received a presentation from the Planning and Building Department (Department) 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. 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.
On January 13, 2026 (Legistar File 25-1617), the Department presented ROI 014-2026 to the Board, proposing amendments to Title 130 of the El Dorado County Ordinance Code related to Commercial Cannabis, as well as information regarding applicability of special setbacks to different commercial cannabis uses and the incorporation of setback relief into approved, denied, and processing CCUPs. The Board discussed the different commercial cannabis uses and their associated setback requirements, with the discussion primarily focused on the setback requirements for outdoor/mixed-light cultivation. ROI 014-2026 was approved and adopted by a 4-1 vote.
On July 9, 2026 (Legistar File 26-1111), the Planning Commission reviewed and discussed proposed modifications to Section 130.41.100.4.C as directed by ROI 014-2026, including an Ordinance to remove the ability to reduce setbacks for all commercial cannabis uses (Attachment D) and an alternative Ordinance (Alternative A) removing the ability to reduce setbacks for outdoor/mixed-light cultivation while other commercial cannabis activities would continue to be allowed to request setback reductions (Attachment B). Based on the information presented by staff, including the staff memo (Attachment F), the Residential and Sensitive Use Buffer Map (Attachment G), and the Cultivation Setback Example (Attachment H), the Planning Commission discussed how strict application of setbacks would eliminate the opportunity for most commercial cannabis uses within the County, except for outdoor/mixed-light cultivation and some manufacturing uses. The Planning Commission also discussed how potential elimination of commercial cannabis uses could conflict with the intent of the voter approved ordinances. The Planning Commission voted 5-0 to forward a recommendation to the Board to approve Alternative A, the Ordinance presented today (Attachment B). This Ordinance proposes amending Section 130.41.100.4.C of Title 130 to remove the ability to reduce setbacks for commercial cannabis outdoor/mixed-light cultivation. Additionally, the Planning Commission recommended that the Board consider evaluating setbacks for cannabis testing laboratories, as laboratories operate within a strict regulatory framework where setbacks may not be warranted.
The proposed amendments would be effective 30 days after final adoption by the Board.
ALTERNATIVES
Alternatively, the Board may choose to:
1) Deny the Planning Commission’s recommendation to approve and adopt the recommended Ordinance (Attachment B) and instead approve and adopt the other Ordinance (Attachment D), which is consistent with the original ROI and results in removal of the ability to reduce setbacks for any commercial cannabis activity, and find this action exempt from the CEQA under Sections 15060(c)(2) and 15378 of the CEQA Guidelines; or
2) Decline to approve and adopt either Ordinance. This action would result in no amendments to Section 130.41.100.4.C of Title 130, and existing language regarding commercial cannabis setback reductions would remain in effect, allowing any setback for a commercial cannabis activity 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 project parcel was owned or leased by the project applicant before voter approval of the ordinance from which Section 130.41.100.4.C was derived on November 6, 2018.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff time associated with the Zoning Ordinance Update has been included in the FY 2026-27 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain the Chair's signature on the adopted Ordinance;
2) Publish the Ordinance Summary to include the final Board vote within fifteen (15) days after Final Passage; and
3) Send the full Ordinance to Municode for codification following Final Passage.
STRATEGIC PLAN COMPONENT
N/A
Contact
Aaron Mount, Planning Manager
Evan Mattes, Sr. Planner
Planning and Building Department