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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 ...
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