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File #: 13-1175    Version:
Type: Agenda Item Status: Continued
File created: 9/16/2013 In control: Board of Supervisors
On agenda: 12/2/2014 Final action: 12/2/2014
Title: Supervisor Briggs recommending the Board consider the following: 1) Adopt Resolution of Intention 233-2014 initiating an amendment to the El Dorado County Code to repeal Section 17.14.260 of Chapter 14 of Title 17 of the El Dorado County Ordinance Code pertaining to Outdoor Cultivation of Medical Marijuana; 2) Find that adoption of the Resolution of Intention is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations); and 3) Direct staff to initiate the process to repeal the Ordinance. (Est. Time: 2 Hr.)
Attachments: 1. 2A - Resolution 233-2014 12-2-14, 2. 2B - Code Enforcement Presentation 12-2-14, 3. Public Comment Rcvd 12-2-14 BOS 12-2-14, 4. Public Comment Rcvd 12-1-14 BOS 12-2-14, 5. A - Minutes 08-22-13, 6. B - Minutes 08-08-13, 7. C - Recommended Ordinance-Marked Copy, 8. D - Staff Memo 08-15-13, 9. E - Staff Memo 08-02-13, 10. F - Staff Report, 11. G - Blue Route Sheet, 12. H - Public Comment, 13. I - Ordinance Med Mj 17.14.260 Outdoor Cultivation.pdf, 14. J - Notice of Public Hearing for Ord..pdf, 15. K - Public Comment.pdf, 16. L - Public Comment.pdf, 17. Public Comment - Rcvd 9-23-13.pdf, 18. Public Comment received 9-24-13.pdf, 19. Fully executed Ordinance 5000.pdf
Title
Supervisor Briggs recommending the Board consider the following:
1) Adopt Resolution of Intention 233-2014 initiating an amendment to the El Dorado County Code to repeal Section 17.14.260 of Chapter 14 of Title 17 of the El Dorado County Ordinance Code pertaining to Outdoor Cultivation of Medical Marijuana;
2) Find that adoption of the Resolution of Intention is not subject to the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations); and
3) Direct staff to initiate the process to repeal the Ordinance. (Est. Time: 2 Hr.)

Body
Background
On September 24, 2013, the Board adopted Ordinance 5000 to add Section 17.14.260 to the El Dorado County Code establishing regulations for the outdoor cultivation of medical marijuana in all zone districts in the unincorporated areas of the County of El Dorado.

The Ordinance provides for the regulation of the outdoor cultivation of medical marijuana by setting standards and regulations for: the maximum size area for cultivation; fencing; separation from youth oriented facilities; setbacks from property lines; limitations on smoke and odor; residency requirements or owner authorization; environmental requirements (water quality, sewage disposal, and use of chemicals); disposal of waste material; collective cultivation on larger lots; abatement and code enforcement; administrative relief provisions and appeal process, including providing for public notice of administrative relief and appeal requests.

The Board’s legislative history of actions related to the regulation of the outdoor cultivation of medical marijuana was initiated in response to numerous complaints from law enforcement and local residents that the unregulated cultivation of medical marijuana in the unincorporated areas of the County were adversely affecting the safety, health, and well-being of the County, its residen...

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