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File #: 20-0382    Version:
Type: Agenda Item Status: Approved
File created: 3/6/2020 In control: Planning Commission
On agenda: 4/9/2020 Final action: 4/9/2020
Title: Hearing to consider Title 130 Zoning Ordinance for the cultivation of cannabis for personal use, amending Zoning Ordinance Section 130.14.260 (Outdoor Medical Cannabis Cultivation for Personal Use). The proposed amendments will make the existing ordinance consistent with state law, which allows for the cultivation of no more than six cannabis plants per residence for either medicinal use or recreational use by adults over the age of twenty-one. The proposed amendments would no longer distinguish between cannabis grown for medicinal use versus recreational use by adults over the age of twenty-one and would instead impose consistent regulations for all cannabis grown for personal use. Staff is recommending the Planning Commission recommend the Board of Supervisors take the following actions: 1) Find that the adoption of the proposed amendments to Section 130.14.260 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3), 15060(c)(2), 15060(c)(3...
Attachments: 1. A - Amended Section 130.14.260 - Personal Use Cannabis Cultivation (Clean Version) PC 03-26-20, 2. B - Amended Section 130.14.260 - Personal Use Cannabis Cultivation (Track Changes Version) PC 03-26-20, 3. C - Proof of Publication-Mountain Democrat PC 03-26-20, 4. D - Proof of Publication-Georgetown Gazette PC 03-26-20, 5. E - Proof of Publication-Tahoe Daily Tribune PC 03-26-20, 6. F - Staff's Powerpoint Presentation PC 03-26-20, 7. Public Comment Rcvd 04-10-20 PC 04-09-20, 8. Public Comment Rcvd 04-09-20 PC 04-09-20, 9. Public Comment Rcvd 04-08-20 PC 04-09-20, 10. Public Comment Rcvd 04-06-20 PC 04-09-20, 11. Public Comment Recvd 03-26-20 PC 03-26-20, 12. Public Comment Recvd 03-25-20 PC 03-26-20, 13. Public Comment Recvd 03-20-20 PC 03-26-20, 14. Public Comment Recvd 03-19-20 PC 03-26-20, 15. Public Comment Recvd 03-18-20 PC 03-26-20
Related files: 20-0565
Title
Hearing to consider Title 130 Zoning Ordinance for the cultivation of cannabis for personal use, amending Zoning Ordinance Section 130.14.260 (Outdoor Medical Cannabis Cultivation for Personal Use). The proposed amendments will make the existing ordinance consistent with state law, which allows for the cultivation of no more than six cannabis plants per residence for either medicinal use or recreational use by adults over the age of twenty-one. The proposed amendments would no longer distinguish between cannabis grown for medicinal use versus recreational use by adults over the age of twenty-one and would instead impose consistent regulations for all cannabis grown for personal use. Staff is recommending the Planning Commission recommend the Board of Supervisors take the following actions:
1) Find that the adoption of the proposed amendments to Section 130.14.260 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3), 15060(c)(2), 15060(c)(3), 15305, and 15308 of the CEQA Guidelines;
2) Recommend approval of amendments to Section 130.14.260 of Title 130, Article 9 of the El Dorado County Ordinance Code entitled “Outdoor Medical Cannabis Cultivation for Personal Use” renumbered as Section 130.42.100 of Title 130, Article 4, and retitled as “Cultivation of Cannabis for Personal Use,” with amendments; and
3) Find that the ordinance shall take effect immediately upon final passage pursuant to Government Code section 25123(d) in order for the immediate preservation of the public peace, health, and safety.
(cont. 03/26/20, Item #3)

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DISCUSSION / BACKGROUND

On November 8, 2016, California voters passed Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), by a vote of 57.1% in favor and 43.9% against. Locally, El Dorado County voters rejected Proposition 64 by a vote 50.1% against and 49.9% in favor (these numbers include the cities of Placerville and South Lake Tahoe)...

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