File #: 22-1526    Version: 1
Type: Agenda Item Status: Approved
File created: 8/16/2022 In control: Board of Supervisors
On agenda: 9/13/2022 Final action: 9/13/2022
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
Attachments: 1. A - Resolution Routing Sheet, 2. B - Resolution 188-2002, 3. C - Proposed Resolution, 4. D - Ag Commission recommendation, 5. Public Comment BOS Rcvd. 9-8-2022, 6. Executed Resolution139-2022
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 ...

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