File #: 20-0537    Version: 1
Type: Agenda Item Status: Approved
File created: 4/8/2020 In control: Planning Commission
On agenda: 4/23/2020 Final action: 4/23/2020
Title: Hearing to consider the first reading of amendments to Title 130 - Zoning Ordinance to add two Meyers Area Plan zoning districts to Chapter 130.41.300 - Retail Sale, Distribution, Indoor Cultivation, Laboratory Testing, and Manufacturing of Commercial Cannabis. The proposed amendments would allow for commercial cannabis Distribution Facilities, Retail Sales and limited Manufacturing Facilities to the Meyers Community Center District (MAP-1) and would allow for commercial cannabis Indoor Cultivation, Distribution Facilities, Delivery Facilities, Testing Laboratories, and limited Manufacturing Facilities to the Meyers Industrial District (MAP-2), subject to specific regulations. The proposed amendments would also eliminate the 500 foot separation to a residential zoning district in Meyers, due to the mixed use nature of the parcel structure in Meyers where residences are in close proximity to commercial land uses. Finally, the proposed amendments would allow for one (1) additional Retail...
Attachments: 1. A - Amended Section 130.41.300 for Meyers Area Plan (Clean Version) PC 04-23-20, 2. B - Amended Section 130.41.300 for Meyers Area Plan (Track Changes Version) PC 04-23-20, 3. C - Proof of Publication - Mountain Democrat PC 04-23-20, 4. D - Proof of Publication - Tahoe Daily Tribune PC 04-23-20, 5. E - Proof of Publication - Georgetown Gazette PC 04-23-20, 6. Public Comment Rcvd 04-23-20 PC 04-23-20, 7. Public Comment Rcvd 04-22-20 PC 04-23-20
Related files: 20-0609

Title

Hearing to consider the first reading of amendments to Title 130 - Zoning Ordinance to add two Meyers Area Plan zoning districts to Chapter 130.41.300 - Retail Sale, Distribution, Indoor Cultivation, Laboratory Testing, and Manufacturing of Commercial Cannabis. The proposed amendments would allow for commercial cannabis Distribution Facilities, Retail Sales and limited Manufacturing Facilities to the Meyers Community Center District (MAP-1) and would allow for commercial cannabis Indoor Cultivation, Distribution Facilities, Delivery Facilities, Testing Laboratories, and limited Manufacturing Facilities to the Meyers Industrial District (MAP-2), subject to specific regulations. The proposed amendments would also eliminate the 500 foot separation to a residential zoning district in Meyers, due to the mixed use nature of the parcel structure in Meyers where residences are in close proximity to commercial land uses. Finally, the proposed amendments would allow for one (1) additional Retail Storefront within the Meyers Area Plan boundary. 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 Sections 130.41.300 - Retail Sale, Distribution, Indoor Cultivation, Laboratory Testing, and Manufacturing of Commercial Cannabis are not subject to the California Environmental Quality Act (CEQA) pursuant to Business and Professions Code Section 26055(h); and

2) Recommend approval of amendments to Section 130.41.300 of the El Dorado County Ordinance Code.

 

Body

DISCUSSION / BACKGROUND

Request to consider the first reading of Title 130 Zoning Ordinance Amendments to add two Meyers Area Plan zoning districts to Chapter 130.41.300 - Retail Sale, Distribution, Indoor Cultivation, Laboratory Testing, and limited Manufacturing of Commercial Cannabis. The proposed amendments would allow for commercial cannabis Distribution Facilities, Retail Sales and limited Manufacturing Facilities to the Meyers Community Center District (MAP-1) and would allow for commercial cannabis Indoor Cultivation, Distribution Facilities, Delivery Facilities, Testing Laboratories, and limited Manufacturing Facilities to the Meyers Industrial District (MAP-2), subject to specific regulations.  The proposed amendments would also eliminate the 500 foot separation to a residential zoning district in Meyers, due to the mixed use nature of the parcel structure in Meyers where residences are in close proximity to commercial land uses.  Finally, the proposed amendments would allow for one (1) additional Retail Storefront within the Meyers Area Plan boundary.  The reason the amendments are requested is because the County’s creation of the Meyers Area Plan zoning districts coincided with the work on the commercial cannabis ballot measures and thus the Meyers area was inadvertently left out of the Commercial Cannabis Ordinance during its adoption. (County Contact:  Brendan Ferry) (Exemption pursuant to Section 26055(h) of the Business and Professions Code)

 

Staff is recommending the Planning Commission hold the hearing and first reading of the proposed amendments to Title 130 and recommend adoption of the proposed amendments to the Board of Supervisors.  The proposed amendments, as identified on the red-line versions of the ordinance, include the following:  

 

                     Adds the words “With the exception of the Meyers Community Center (MAP-1) zoning district” to the beginning of the second sentence in Section 130.41.300.D.3., which describes a minimum 500 foot setback to a residential zoning district.

                     Adds the sentence “For the Meyers Community Center (MAP-1) zoning district, proximity to a residence shall be evaluated to determine compatibility of the proposed use.” to the Section 130.41.300.D.3.

                     Adds Meyers Industrial (MAP-2) zoning district to Section 130.41.300.E.1. - Indoor Cultivation of Commercial Cannabis.

                     Adds Meyers Community Center (MAP-1) and Meyers Industrial (MAP-2) zoning districts to Section 130.41.300.F.1. - Commercial Cannabis Distribution Facilities.

                     Adds Meyers Community Center (MAP-1) zoning district to Section 130.41.300.G.1. - Commercial Cannabis Retail Sale and Delivery Facilities - Limitation on use for storefront retail.

                     Adds Meyers Industrial (MAP-2) zoning district to Section 130.41.300.G.2. - Commercial Cannabis Retail Sale and Delivery Facilities - Limitation on use for non-storefront retail (delivery only).

                     Adds the sentence “One (1) additional cannabis retail storefront facility may be permitted in the Meyers Community Center (MAP-1) zoning district for a total of eight (8) potential cannabis retail storefront facilities in the County” to Section 130.41.300.G.4. - Commercial Cannabis Retail Sale and Delivery Facilities.

                     Adds Meyers Industrial (MAP-2) zoning district to Section 130.41.300.H.1. -Commercial Cannabis Testing Laboratories.

                     Adds Meyers Industrial (MAP-2) zoning district to Section 130.41.300.I.1.a. - Type 7 Licenses - Commercial Cannabis Manufacturing Facilities.

                     Adds Meyers Industrial (MAP-2) zoning districts to Section 130.41.300.I.1.b. - Type 6 Licenses - Commercial Cannabis Manufacturing Facilities.

                     Adds Meyers Community Center (MAP-1) and Meyers Industrial (MAP-2) zoning districts to Section 130.41.300.I.1.c. - Type N and P Licenses - Commercial Cannabis Manufacturing Facilities.

 

Staff has presented the general concepts of the proposed amendments to the public at four Meyers Advisory Council Meetings.  There has been general support of the concept of adding Meyers into the Commercial Cannabis Ordinance from the Meyers community present at the meetings. 

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel and Planning and Building.

 

CEQA COMPLIANCE

Business and Professions Code section 26055(h) provides a categorical CEQA exemption for the adoption of an ordinance by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in a commercial cannabis activity.  The categorical exemption has been extended through July 1, 2021.  In the proposed amendments, the permitting of any uses in the Meyers Area Plan remains subject to a discretionary Commercial Cannabis Use Permit that will require compliance with CEQA at a project-specific level and thus would be exempt under this section.

 

FINANCIAL IMPACT

It is the intent of the County to recoup all costs associated with the development, implementation, and management of the Commercial Cannabis Program. 

 

CONTACT

Brendan Ferry, Planning Manager

Planning & Building Department