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Omar Carrillo, Lauren Ayers, Rayna Person, Eileen Samitz, Matt Adams, Susan Pelican, Roamie Horn, Alan Pryor, Gian Paolo, Trini Campbell, Michael Hicks, Edward Walker, Kind Farms and Pam Welch (Capay Valley resident) addressed the Board of Supervisors on this item.
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Minute Order No. 21-134: Held a public hearing and approved the following recommended actions:
- Adopted Resolution No. 21-111 certifying the Cannabis Land Use Ordinance (CLUO) Final Environmental Impact Report (EIR) as complete and adequate under the California Environmental Quality Act (CEQA), which will allow for potential future CEQA streamlining by cannabis use permit applicants. (Attachments B and C including errata identified by staff)
- Adopted Resolution No. 21-112:
a. Amending the General Plan to revise the text of Policy LU-1.1 and Table LU-4, modify Policies LU-2.3 and AG-1.3, and add new Policies LU-1.4 and AG-3.21; and
b. Adopting the CLUO EIR Mitigation Monitoring and Reporting Program (MMRP). (Attachments D and E including errata identified by staff)
- Adopted Ordinance No. 1541 approving the final CLUO by amending the County Code to add Article 14 (Cannabis Land Use Ordinance) to Chapter 2, Zoning Regulations, of Title 8. (Attachments F and G including errata identified by staff and any additional changes to CLUO Section 8-2.1404 directed by the Board)
- Adopted Ordinance No. 1542 amending the Subdivision Regulations in Section 8-1.802 (Streets) of the County Code to comport to CLUO Section 8-2.1408(K) (Driveway Access) to include standards related to access for new private driveways and encroachments. (Attachment H)
- Adopted Ordinance No. 1543 making two additional amendments to the County Zoning Regulations to comport to the CLUO by:
a. Eliminating Section 8-2.116 which prohibits medical marijuana dispensaries; and
b. Amending Section 8-2.217 (Use Permits) to clarify and expand the process for revocation or modification of a use permit. (Attachments I and J)
- Directed staff to file a CEQA Notice of Determination.
- Directed staff to prepare for future consideration certain amendments to:
a. The County Marijuana Cultivation Ordinance, Chapter 20 of Title 5 to comport to the final CLUO; and
b. The County Zoning Regulations, to add allowed cannabis use types to each zone district table of permit and development requirements.
- Directed staff to immediately begin implementation of the CLUO
Additionally, the Board approved the following modifications:
- Change to the definition of Existing Licensee (Section 8-2.1403(N)) to include license applications received as of June 29, 2021. This would give this applicant all the same rights as an Existing Licenses (allowed to cultivate in 2022 with a valid license, ability to utilize buffer regulations applicable to Existing Licenses (allowed to cultivate in 2022 with a valid license, ability to utilize buffer regulations applicable to Existing Licensees, ability to apply for a CUP in January 2022, and the over-concentration threshold would not apply):
N. Existing Licensees – Holders of a validly issued license on June 29, 2021, and license applications received as of June 29, 2021 for which all fees have been paid.
- Change to 1406(G), found on page 6 of Attachment G, under Item G, under Limitations on Licenses and Permits, 5th line down, from "The Director may also establish a procedure for allocation......." to "The Board will select a procedure for allocation of Use Permits and/or licenses in instances where demand does or is expected to exceed the available number of permits/licenses." the 6th line down from "The Director may utilize various methods....." to "Various methods may be used to allocate limited permits and/or licenses to otherwise compliant applicants."; and lastly, delete the 9th line, "The Director will specify the applicable process administratively."
Motion passed by a 5:0 vote.
MOVED BY: Barajas / SECONDED BY: Saylor
AYES: Barajas, Villegas, Saylor, Sandy, Provenza
NOES: None.
ABSTAIN: None.
ABSENT: None.
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