File #: 24-0175    Version:
Type: Agenda Item Status: Approved
File created: 1/12/2024 In control: Board of Supervisors
On agenda: 2/27/2024 Final action: 2/27/2024
Title: Planning and Building Department recommending the Board approve the Final Passage (Second Reading) of Ordinance 5193, (Attachment C), making modifications to the administrative portions of the cannabis program. FUNDING: General Fund.
Attachments: 1. A - Staff Memo, 2. B - Counsel Approval, 3. C - Redline Ordinance Amendment, 4. D - Clean Ordinance Amendment, 5. E - Comment Letter from PC 12.14.23, 6. Public Comment BOS Rcvd. 1-30-2024, 7. Executed Ordinance 5193
Related files: 23-1817, 23-1501, 23-2192, 24-0274
Title
Planning and Building Department recommending the Board approve the Final Passage (Second Reading) of Ordinance 5193, (Attachment C), making modifications to the administrative portions of the cannabis program.

FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
On January 30, 2024, the Board heard the Introduction (First Reading) of Ordinance 5193 and continued the matter to February 27, 2024 for Final Passage (Second Reading).

In March of 2023, the Board 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 which involved a challenge to the County's implementation of its commercial cannabis program. As part of the settlement agreement, the Board directed the Planning Commission to hold a public study session on the County's cannabis regulations. The Planning Commission held multiple sessions and forwarded policy discussion areas to the Board.

On September 12, 2023 (File No. 23-1501, Item No. 35), the Board held a study session, and agreed that several cannabis policy items should proceed through the ordinance revisions process and directed that a Resolution of Intention (ROI) be prepared. 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 and approved to move through the ROI process. On September 19, the Board adopted a supplement to the minutes of September 12 to clarify the intent to group the two tax related items and the multiyear cannabis license as related to the operational and administrative portion of the ordinance revisions. The ROI was adopted October 17, 2023 (File No. 23-1817, Item No. 16).

The items identified in the October 17, 2023 ROI were brought to the Planning Commission for consideration on December 14, 2023 (File No. 23-2192, Item No. 5). During the Planning Commission hearing, publi...

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