El Dorado County board opens review of cannabis setback-waiver language after extended debate

The El Dorado County Board of Supervisors voted Jan. 13 to initiate a staff-led review and proposed ordinance change to chapter 130.41 of the county zoning code that would consider removing or modifying the policy allowing reductions of voter-approved cannabis setbacks.

Planning staff summarized the code: certain commercial cannabis activities must meet defined setbacks (for example, 1,500 feet from schools, places of worship and other sensitive uses for some uses) and the ordinance includes a provision (voter-approved in 2018) permitting setback reductions if the applicant demonstrates the reduced setback would still achieve the purpose of the requirement and the parcel was owned or leased before voter approval.

Staff reported 25 commercial cannabis permit applications, including storefront, distribution and cultivation uses. For outdoor/mixed-light cultivation, five approvals have been issued, with several applicants requesting setback relief; several projects generated appeals to the board. Planning staff said appeals and permits are still relatively few because the commercial program is young and many applications remain in process.

Board members and members of the public described recurring complaints in rural districts: concerns about odor, continuous fan noise, pesticides and groundwater impacts where neighbors rely on private wells, as well as public-safety issues tied to theft at some large outdoor grows. Supervisors said those costs fall chiefly on nearby residents and on county enforcement resources.

Supervisor Parlin argued for removing the code language that allows reductions for cultivation specifically; Supervisor Vierkamp favored retaining the code as written to allow rare, case-by-case exceptions; Supervisor Turnbull and others emphasized resident complaints in rural districts where most outdoor grows are located. County counsel reminded the board the voter-approved ordinance included setback language but also contemplated subsequent board amendment; the board therefore retains authority to modify the ordinance through the public process.

After a range of substitute proposals and clarifications, the board voted to direct staff to prepare a resolution of intention to amend chapter 130.41 and to consider modifying or removing the provision that allows setback reductions for all commercial cannabis uses. That direction begins a public outreach and planning process; the vote passed 4–1 with Chair Lane recording the lone no vote.

What’s next: staff will prepare the ROI and scope of analysis, the department will develop data (maps of affected parcels and conflict zones, and examples such as laboratories or business-park parcels that might be affected), and the item will return to the planning commission and the board for further public hearings.