File #: 11-1216    Version:
Type: Agenda Item Status: Adopted
File created: 10/19/2011 In control: Board of Supervisors
On agenda: 10/30/2012 Final action: 10/30/2012
Title: County Counsel and Development Services Department recommending the Board consider the following: 1) Adopt modified Ordinance 4986 extending the moratorium, adopted by the Board by Ordinance 4970, on the outdoor cultivation of medical marijuana in the unincorporated areas of El Dorado County for one year; 2) Adopt Ordinance 4987 extending the moratorium, adopted by the Board by Ordinance 4971, on the establishment of new medical marijuana distribution facilities, including all "dispensaries," "cooperatives" and "collectives" for a period of one year; and 3) Direct staff to work with the community advisory group on zoning and other appropriate permanent regulations governing the cultivation of medical marijuana and medical marijuana distribution facilities, and return to the Planning Commission and Board of Supervisors for consideration. (Refer 12/20/11, Item 24) (Est. Time: 1 Hr.)
Attachments: 1. 11-1216.A Mariuana Facilities Urgency Ord.PDF, 2. 11-1216.B Marijuana Cultivation Urgency Ord.PDF, 3. 11-1216 C.pdf, 4. 11-1216 D.pdf, 5. 11-1216 E.pdf, 6. 11-1216 F.pdf, 7. G - Letter rcvd from EDC Residents.pdf, 8. H - Letter rcvd from J & P Van Cor 11-1216.pdf, 9. I - 11-1216 EDC Resident Statement.pdf, 10. J - California Court Rules 11-1216.pdf, 11. K - Various emails rcvd regarding Medical Cannabis.pdf, 12. L - City of Riverside v. Inland Empire Pat. Hlth.pdf, 13. M - Letter submitted by Kevai Floyd 11-15-11.pdf, 14. Fully executed Ordinance 4968.pdf, 15. Fully executed Ordinance 4969.pdf, 16. P - Letter from M. Vaughn rcvd 11-21-11.pdf, 17. 2A - 11-1216. - Public Notice.pdf, 18. 2B - Marijuana Facilities Urg 12-20.ord, 19. 2C - Marijuana Cultivation Urg Full 12-20.ord, 20. 2D - Marijuana Cultivation Urg 10x10 12-20.ord, 21. 2E - Ltr rcvd from Mr. Shults 12-19-11, 22. 2F - 11-1216 rcvd from R. McLaughlin.pdf, 23. 2G - Message from J. Clark 11-1216.pdf, 24. 2H - Replacement of Attachment 2D - rcvd 12-19-11.pdf, 25. 2I - Email rcvd from Edie Cone 12-19-11.pdf, 26. 2J - 11-1216.2J - Advisory Committee Report.pdf, 27. 2K - Email sent in opposition to Medical Marijuana.pdf, 28. 2L - Email rcvd from A. Shults 12-20-11.pdf, 29. Fully executed Ordinance 4970.pdf, 30. Fully executed Ordinance 4971.pdf, 31. 2M - Document submitted by Mitch Midel.pdf, 32. 2N - 11-1216 - D. Bishop Letter, 33. 3A - Marijuana Facilities Urgency Ord 10-30.pdf, 34. 3B - Marijuana Cultivation Urgency Ord 10-30.pdf, 35. 3C - Marijuana Facilities Urgency Ord-Blue Route 10-30.pdf, 36. 3D - Marijuana Cultivation Urgency Ord-Blue Route 10-30.pdf, 37. 3E - Notice of Public Hearing 10-30-2012.pdf, 38. 3F - Public Comment, 39. Fully executed Ordinance 4986 Marijuana Cultivation.pdf, 40. Fully executed Ordinance 4987 Marijuana Operation Facilities.pdf
Title
County Counsel and Development Services Department recommending the Board consider the following:
1) Adopt modified Ordinance 4986 extending the moratorium, adopted by the Board by Ordinance 4970, on the outdoor cultivation of medical marijuana in the unincorporated areas of El Dorado County for one year;
2) Adopt Ordinance 4987 extending the moratorium, adopted by the Board by Ordinance 4971, on the establishment of new medical marijuana distribution facilities, including all "dispensaries," "cooperatives" and "collectives" for a period of one year; and
3) Direct staff to work with the community advisory group on zoning and other appropriate permanent regulations governing the cultivation of medical marijuana and medical marijuana distribution facilities, and return to the Planning Commission and Board of Supervisors for consideration. (Refer 12/20/11, Item 24) (Est. Time: 1 Hr.)
Body

Fiscal Impact/Change to Net County Cost: None

Reason for Recommendation for moratorium on outdoor cultivation:

Based on problems that law enforcement identified with outdoor cultivation in the fall of 2011, the Board considered a temporary moratorium to prohibit outdoor cultivation of marijuana until a permanent ordinance was adopted.

However, many people asked the Board to allow limited outdoor cultivation and the Board adopted a modified cultivation moratorium to allow a small area of 200 square feet with a solid fence on all sides to be exempt from the prohibition.

During the past year, law enforcement has found the moratorium on outdoor cultivation made the enforcement of illegal large scale grows easier, while meeting the intent of Proposition 215 to allow cultivation for medical purposes. There have generally been good efforts at compliance from the medical marijuana outdoor cultivation community.

County officials, including the Board subcommittee (Supervisors Knight and Briggs), the Sheriff, the District Attorney, Development Services and County Cou...

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