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Planning and Building Department, Commercial Cannabis Division, recommending the Board approve and authorize the Chair to sign a Resolution of Intention 161-2023 (Attachment A) to commence the revision process to Sections 130.41.100, 130.41.200, and 3.22 of the Cannabis Ordinances.
FUNDING: General Fund.
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DISCUSSION/BACKGROUND
In March of 2023, the Board of Supervisors authorized a settlement in the matter of El Dorado County Growers Advocacy Alliance v. El Dorado County Board of Supervisors, et al., Case No. 21CV0161. That litigation involved a challenge to the County's implementation of its commercial cannabis program. As part of the settlement agreement, the Planning Commission held multiple study sessions and forwarded policy discussion areas to the Board of Supervisors. On September 12, 2023, the Board held a study session, and although not required by the settlement, agreed on several cannabis ordinance changes to proceed through the ordinance revisions process, and a list of policy items to return to the Planning Commission for further discussion. During the Board’s deliberations, ordinance changes related to operational and administrative aspects of the program were separated from the contemplated revisions with potential environmental impacts. The following administrative items were directed to return in a Resolution of Intention (ROI) to commence the ordinance amendment process:
• Incorporate the State definition of “owner” of a cannabis business.
• Require issuance of the annual cannabis operating permit upon completion of the conditions of the Commercial Cannabis Use Permit.
• Remove the requirement for resubmission of all application materials upon renewal of an annual operating permit.
• Consistent with General Plan Policy 8.1.4.1, the Agricultural Commission will review cannabis projects only involving land zoned for or designated agricultural or lands adjacent to agricultural lands.
• Change the existing cultivation tax structure fr...
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