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El Dorado County Board of Supervisors November 1, 2022 Meeting Minutes

Meeting in Video Recording Format

Of note to El Dorado Hills residents:

22-1529AGENDA #1 HEARING – To consider Final Passage of amendments to Title 130 – Zoning Ordinance County Ordinance Code to amend the Matrix of Allowed Uses in Article 2 (Zones, Allowed Uses, and Zoning Standards) and adding Chapter 130.43, Cultivation of Industrial Hemp, to enact regulations for the cultivation of industrial hemp pursuant to the Industrial Hemp Pilot Program Concept and recommending the Board of Supervisors take the following actions, based on the Planning Commission’s Recommendation: 1) Find that the adoption of this Ordinance is exempt under the California Environmental Quality Act (CEQA) based on CEQA Guidelines 15307, 15308, 15060(c)(2), and 15061(b)(3); 2) Adopt and authorize the Chair to sign Ordinance 5168 amending Title 130 of the County Zoning Ordinance; and 3) Direct staff to return to the Board one year following the effective date of the ordinance for an update on the pilot program.
AGENDA ITEMHEARING – To consider Final Passage of amendments to Title 130 – Zoning Ordinance County Ordinance Code to amend the Matrix of Allowed Uses in Article 2 (Zones, Allowed Uses, and Zoning Standards) and adding Chapter 130.43, Cultivation of Industrial Hemp, to enact regulations for the cultivation of industrial hemp pursuant to the Industrial Hemp Pilot Program Concept and recommending the Board of Supervisors take the following actions, based on the Planning Commission’s Recommendation: 1) Find that the adoption of this Ordinance is exempt under the California Environmental Quality Act (CEQA) based on CEQA Guidelines 15307, 15308, 15060(c)(2), and 15061(b)(3); 2) Adopt and authorize the Chair to sign Ordinance 5168 amending Title 130 of the County Zoning Ordinance; and 3) Direct staff to return to the Board one year following the effective date of the ordinance for an update on the pilot program. FUNDING: Application Fees, General Fund.

Public Comment: L. Boeger, D. Boelster, G. Boeger, D. Hardy, L. Cauchon, L. Tannenbaum, T. Johnston

Supervisor Parlin opened the public hearing and upon hearing from staff and the public closed the hearing.

A motion was made by Supervisor Thomas, seconded by Supervisor Hidahl to:

1) Find that the adoption of this Ordinance is exempt under the California Environmental Quality Act (CEQA) based on CEQA Guidelines 15307, 15308, 15060(c)(2), and 15061(b)(3);
2) Adopt and authorize the Chair to sign Ordinance 5168 amending Title 130 of the County Zoning Ordinance incorporating the following changes in items 4 through 7;
3) Return to the Board one year following the effective date of the ordinance for an update on the pilot program;
4) Delete Section 130.43.101.B.10 License Requirements and renumber 130.43.101.B.11 to 130.43.101.B.10;
5) Amend the residential structure setback imposed by Subsection 130.43.105.H.3, by adding the following language to the beginning of that sentence “If the parcel is located on Planned Agricultural (PA), Limited
Agricultural (LA), and Agricultural Grazing (AG), there shall be no setback imposed by this Subsection. If the parcel is located on Residential Estate (RE) or Rural Lands (RL), the setback requirement is no” less than six hundred (600) feet from a permitted residential structure that is located on a parcel zoned as Multi-unit Residential (RM), Single-unit Residential (R), One-acre Residential (R1A), Two-acre Residential (R2A), Three-acre Residential (R3A), or Residential Estate (RE) at the time the licensee applies for their license or renewal of a license. This setback shall be measured from the nearest point of the outdoor industrial hemp cultivation to the nearest outer wall of the structure.;
6) Amend Subsection 130.43.105.H to allow the person impacted by the setbacks to waive the setback by adding Subsection 130.43.105.H.6 to read as follows: Setback Waiver: The setbacks imposed by this Subsection 130.43.105.H will not apply with respect to a particular parcel if the licensee obtains written consent from all owners of record of any adjacent parcels that are impacted by the setback to waive the setback requirement. The Agricultural Commissioner shall prescribe the form to be used for this written agreement, and any written
agreement must be approved by the Agricultural Commissioner. A written agreement will expire at the same date that the licensee’s license expires, and if the licensee renews their license the licensee must obtain a new written
agreement. The written agreement is only binding on those parties involved and does not bind any subsequent owner of the parcel; and
7) To make a conforming change to 130.43.105.H.1 to be consistent with item 6.


Yes: 4 – Novasel, Hidahl, Thomas and Turnboo
Noes: 1 – Parlin

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