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Cannabis land uses must comply with all applicable laws, policies, and regulations at the County, State, and Federal level, as specified throughout this article. The State has recognized that statewide legalization of cannabis activities is not in alignment with federal cannabis laws; the County defers to the State in this regard, recognizing that consistency with federal cannabis laws is not currently possible. The regulations below are a non-exclusive list of other County Code sections that contain regulations specific to cannabis activities.
A. Title 8 (Land Development) Chapter 2 (Zoning Regulations) – The Zoning Regulations establish land use districts, controls on land uses, and development standards. The Cannabis Land Use Ordinance applies these regulations, as appropriate, to identified cannabis use types. Unless otherwise specified, the Cannabis Land Use Ordinance is intended to establish additional regulations applicable to all cannabis use types. Where the Cannabis Land Use Ordinance is silent on an issue that is otherwise addressed elsewhere in the Zoning Regulations, the Zoning Regulations shall apply. Where a requirement of the Cannabis Land Use Ordinance directly conflicts with a requirement of the Zoning Regulations, the requirement of the Cannabis Land Use Ordinance shall apply.
B. Title 8 (Land Development) Chapter 5 (Development Agreements) – Applicants for a County Cannabis Use Permit may apply for a Development Agreement pursuant to the Development Agreements regulations and Section 8-2.1410(H), Development Agreements, of this article.
C. Title 12 (Business Licenses) Chapter 4 (Cannabis Licensing Ordinance) – All cannabis uses and operations must be fully compliant with applicable licensing requirements set forth therein.
(Ord. 1541, eff. October 14, 2021)
The adoption of this article is necessary and desirable to accomplish and balance the following:
A. Protect the public health, safety, and welfare.
B. Protect environmental resources and minimize environmental impact.
C. Ensure neighborhood compatibility.
D. Ensure safe access to medical cannabis for patients.
E. Support agricultural economic development including recognition of valuable new crops, preservation of agricultural land, and creation of opportunities for new farmers.
F. Recognize cannabis as an agricultural crop with unique challenges including Federal classification, legal history, crop value, transaction security, distinct odor, and energy and water requirements.
G. Recognize competing and evolving community values and interests related to the cannabis industry.
H. Avoid establishing undesirable precedents for other agricultural sectors.
I. Avoid unintended consequences including unforeseen community impacts and over-regulation that drives cannabis activities underground.
J. Allow for adaptation to changing market, cultural, and regulatory considerations over time.
K. Acknowledge the will of the voters in passing Proposition 64, The Control, Regulate and Tax Audit Use of Marijuana, in 2016.
(Ord. 1541, eff. October 14, 2021)
A. General information. Unless otherwise defined, the County accepts the State definitions of various terms related to cannabis and cannabis activities as used in this article. Other applicable definitions shall be as provided in State law and other sections of County code, as amended. Changes to applicable definitions in State law shall take effect locally 90 days after the change takes effect at the State level.
B. Buffer easements. Executed agreements between willing neighbors to accept smaller buffer distances, subject to oversight and acceptance by the County.
C. Buffer exemptions. Automatic approval of existing buffers (“grandfathering”). Buffer exemptions are not allowed under this Article.
D. Buffer exceptions. Discretionary reduction of greater than ten percent for buffers based on the specific conditions at the site.
E. Buffer reductions. Discretionary reduction of up to ten percent for buffers based on the specific conditions at the site.
F. Canopy. See Section 12-04.03(I) of the Yolo County Code. With the exception of co-location, the maximum cultivation canopy at any site shall not exceed two-acres. Cultivation in the Capay Valley is limited to the canopy approved for each licensee as of the effective date of this article.
G. Capay Valley. This area shall be defined as the Capay Valley General Plan Study Area (not including the “Common Overlapping Area”) as established in the Capay Valley Area Plan.
H. CESA/ESA. California Endangered Species Act and federal Endangered Species Act, respectively.
I. Clarksburg. This area shall be defined as the growth boundary for the town of Clarksburg as established in the General Plan.
J. Co-Location. The issuance of more than one cannabis license to different ownerships or business entities on the same or contiguous parcels.
K. Cultivation site. Area approved for cultivation and related activities.
L. Early development agreements. As described in Final Policy adopted by the Board of Supervisors on March 6, 2018. For the purposes of this article this term shall also include Cannabis Nursery/Processing Request For Proposal (RFP) applications that execute Development Agreements in advance of the adoption of this article.
M. Edible. Manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including but not limited to chewing gum.
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.
O. Farm dwelling. Pursuant to General Plan Policy LU-3.1, any residence located on land zoned and/or designated for agricultural use.
P. Greenhouse. A structure or thermally isolated area of a building that maintains a specialized sunlit environment used for and essential to the cultivation, protection, or maintenance of plants. For the purposes of this article, cultivation in a greenhouse (including mixed light) is considered an indoor use.
Q. Hoop house. A shade cloth structure that is readily removable and temporary in nature, without any equipment or utilities. The ends may be covered or left open and the material covering the structural members is readily removable and is typically removed and re-affixed frequently. For the purposes of this article, cultivation in a hoop house is considered an outdoor use.
R. Indoor(s). Within a fully enclosed and secure structure that complies with the California Building Code (CBC), as adopted by the County, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as 2” x 4” or thicker studs overlain with 3/8” or thicker plywood or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement. For the purposes of this article, cultivation in greenhouses and enclosed nurseries are considered indoor operations.
S. Mixed light cultivation. Cultivation of cannabis using light deprivation and/or artificial or controlled lighting. For the purposes of this article, mixed light cultivation occurs in a greenhouse, is considered an indoor use.
U. Permittee. The individual or entity operating pursuant to the Cannabis Use Permit.
V. Outdoor(s). Any location that is not "indoor(s)". For the purposes of this article, cultivation in fields and in hoop houses is considered outdoor operations.
X. Public park. An area of land used for community recreation with accommodations for children such as playground equipment and/or swimming facilities or that is regularly used by children, that is owned or operated by a public entity, County-owned campgrounds, and the Yolo Bypass Wildlife Area headquarters. Natural and/or open space areas, including State or Federal designated parks and forestlands as recognized within the Yolo County General Plan, are not included within this definition.
Y. Qualified odor professional. An individual or firm accepted by the Director as having expert qualifications in the analysis and control of odor, particularly cannabis odor. Expertise should include knowledge of the science of odors and odor control/abatement, experience with odor control technologies, and experience monitoring, modeling, and/or regulating odor.
AA. Shipping container. See Section 8-2.1408(QQ), Trailers and Shipping Containers, of this article.
CC. Vertical integration. Operations under the same ownership that hold more than one category of license use type.
DD. YCC. Yolo County Code of Ordinances.
EE. Yolo HCP/NCCP. Yolo Habitat Conservation Plan/Natural Community Conservation Plan implemented by the Yolo Habitat Conservancy.
FF. Youth Center. See Section 11353.1 of the California Health and Safety Code.
(Ord. 1541, eff. October 14, 2021; as amended by § 2, Ord. 1564, eff. December 21, 2023)
A. Effective date. The requirements of this article are effective 30 days after adoption.
B. Regulatory transition period. Existing Licensees in good standing are eligible for license renewal in accordance with this Subsection and all other licensing requirements. Existing Licensees outside of the Capay Valley seeking non-cultivation license types shall apply for a Pre-Application Review between January 3, 2022 and January 31, 2022. In addition, existing licensees shall adhere to the following deadlines for submission of a complete use permit application:
By December 16, 2022
Existing Licensees located within the Capay Valley (Category 1) that do not seek relocation outside the Capay Valley.
Existing Licensees located outside Capay Valley that intend to seek non-cultivation license types (Category 2).
By December 15, 2023
Existing Licensees located outside Capay Valley that are required by the CLUO to relocate (i.e., those located on residentially-zoned land) (Category 3).
Existing Licensees outside Capay Valley that do not seek additional non-cultivation license types (Category 4).
Existing Licensees located within the Capay Valley (Category 5) that seek relocation outside the Capay Valley (note: cannot renew a cultivation license in 2023).
Early Implementation Development Agreement applications for which an Environmental Impact Report or Negative Declaration has been prepared under the California Environmental Quality Act (CEQA) seeking a use permit pursuant to Section 8-2.1410(J)(1)(a) (Category 6).
Existing Licensees that do not timely apply for a use permit shall be precluded from license renewal in 2023 (Category 1) or 2024 (Categories 2, 4, 6) and the cultivation license allocation for these licensees shall be returned to the pool of available licenses for use permit recipients. Category 3 licensees may not renew their license for 2023 or thereafter for cultivation at their current sites irrespective of whether they apply for a use permit in an alternative location. Category 5 licensees may not renew their license for 2023.
With the exception of Category 3 and 5 licensees, Existing Licensees with a timely, complete application that is pending in the use permit process may continue to seek license renewal and continue to operate with a validly issued license through March 31, 2025 (Categories 1 and 2) or through March 31, 2026 (Categories 4 and 6). If a use permit for an existing site is granted, the site shall be brought into compliance with the requirements and conditions of the permit within one year of approval, or the renewal of required license(s) shall be prohibited and the license allocation shall be returned to the pool of available licenses. If a use permit is denied for categories 1, 2, 4 and 6, the existing license(s) shall expire on March 31 at the end of the regular license term, renewal of the license(s) shall be prohibited, and the license allocation shall be returned to the pool of available licenses. New licensees may apply for available use permit/licenses (if any), after processing of Existing Licensees is substantially underway, on a date to be determined by the Director.
C. Relocation. Cannabis activities on sites that do not meet the requirements of this article must relocate and secure a Cannabis Use Permit, or cease all operations including the storage of harvested cannabis, on or prior to the deadlines set forth in Subsection B, above.
D. Non-conforming uses. Prior to the relocation deadlines established in subparagraph (C) above, legally licensed cannabis activities that are not in compliance with the terms of this article shall be considered legal non-conforming uses if otherwise conducted in accordance with all applicable state and local legal requirements. After the relocation deadlines established in subparagraph (C) above, non-conforming cannabis activities are illegal and shall be discontinued and may be abated by County at the licensee’s sole cost and expense if not ceased by the licensee.
E. Cannabis cultivation and related activities are agricultural land uses. Legal cultivation of cannabis is an agricultural use.
F. Other agricultural land uses. The requirements of this article apply only to cannabis related uses.
G. Personal medical and adult use. Personal medical and adult use of cannabis is allowed by right subject to the requirements of this article and other applicable County and State regulations.
H. Strict standards and interpretation. Nothing in this article shall be construed to allow any activity relating to cannabis activity that is otherwise not expressly permitted in the County Code or is illegal under State law.
I. Unspecified cannabis activities. Any use not expressly permitted in this article is prohibited.
(Ord. 1541, eff. October 14, 2021; as amended by § 2, Ord. 1545, eff. January 6, 2022; as amended by § 2, Ord. 1554, eff. November 24, 2022; as amended by § 2, Ord. 1558, eff. December 22, 2022; as amended by § 2, Ord. 1564, eff. December 21, 2023)
The following County cannabis use categories and related State cannabis use types are recognized by this article. Descriptions are as defined by State law, as amended. Not all use types are permitted. See Section 8-2.1407, Table of Cannabis Development Regulations, of this article for prohibited uses, permitted uses, and conditions applicable to each use.
A. Personal.
1. Outdoor
2. Indoor
B. Cultivation, Nurseries, and Processing (Commercial).
1. Outdoor Cultivation (fields and hoop houses)
2. Indoor Cultivation (enclosed buildings and/including greenhouses)
3. Mixed Light Cultivation (enclosed buildings and/including greenhouses)
4. Nurseries (indoor, outdoor, and mixed light)
5. Processing Only (including storage)
C. Manufacturing, testing, and distribution.
1. Manufacturing – Non-volatile
2. Manufacturing – Volatile
3. Manufacturing – Infusion
4. Manufacturing – Packaging and Labeling
5. Testing/Laboratory
6. Distribution
7. Distribution – Transport Only
D. Retail.
1. Retail – Storefront
2. Retail – Non-Storefront
3. Special Cannabis Event – Tasting, promotional activities, and special events related to cannabis are prohibited in Yolo County.
E. Microbusiness.
(Ord. 1541, eff. October 14, 2021)
A. General requirements. Except as allowed in Section 8-2.1404(B) and (C), Applicability, of this article cannabis uses shall only be permitted in compliance with this article and all applicable codes set forth in the County Code. Required approvals, permits, and licenses shall be obtained prior to commencement of the cannabis activity. All conditions of the Cannabis Use Permit shall be satisfied prior to the commencement of the cannabis activities authorized by the Use Permit unless otherwise specified in the accompanying conditions of approval.
B. State cannabis license requirement. Each permitted cannabis use requires an applicable State license. The State Cannabis License is assigned to the permittee and is not transferrable.
C. County cannabis license requirement. Each permitted cannabis use requires a County Cannabis License. The County Cannabis License is assigned to the licensee and is not transferrable, unless approved by the County.
D. County business license requirement. In addition to the County Cannabis License requirement, every permittee, except cultivators, nurseries, and processing licensees, must also obtain a County Business License.
E. County cannabis use permit requirement. Each commercial cannabis use requires a Cannabis Use Permit as identified in Section 8-2.1407, Table of Cannabis Development Regulations, of this article. The Cannabis Use Permit is assigned to the specific location where the activity will take place. Cannabis Use Permits run with the land.
F. Personal use exemption. Personal medical and adult use cannabis activities require no licenses or permits, provided they are legally conducted in compliance with the requirements of all applicable County and State laws, including without limitation Chapter 4 of Title 12 of the Yolo County Code.
G. Limitation on licenses and permits. The number of State licenses an individual or business can hold shall be as dictated by State law. The number of separate County cannabis licenses and Cannabis Use Permits an individual or business can hold shall be as established in this article. Each site may have no more than one Cannabis Use Permit. A permittee may have multiple license types under one Use Permit, provided they are specifically authorized in the permit or subsequent permit amendment.
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. Various methods may be used to allocate limited permits and/or licenses to otherwise compliant applicants. These methods may include a lottery which would be conducted following final action by the Planning Commission on Use Permits and the conclusion of applicable appeal periods. Once a permit and license have been granted, subject to continued regulatory compliance, the license allocation will be considered secured and annual license renewal will not be subject to subsequent competitive (lottery or similar) allocation requirements.
The total number of Cannabis Use Permits issued by the County shall not exceed 65, of which no more than 5 may be located in the Capay Valley. Once allocated, rights to licenses in the Capay Valley cannot be transferred or sold to another licensee, and if not exercised will be returned to the allocation pool for use outside of the Capay Valley. Should any use permit in the Capay Valley be voided, rescinded, revoked, abandoned, or become inactive or equivalent, it may not be reissued to another party and the total number of allowed permits for the Capay Valley shall be reduced by one.
The number of licenses shall be allocated by use type not to exceed the following:
Personal (indoor or outdoor) = no permits/licenses required; unlimited
Cultivation (indoor or outdoor) = 49
Nurseries1 = 5 (0 in Capay Valley)
ftnt 1 On-site ancillary facilities serving site production only are not subject to cap.
Processing1 = 7 (0 in Capay Valley)
Manufacturing = 6 (0 in Capay Valley)
Testing = 2 (0 in Capay Valley)
Distribution = 7 (0 in Capay Valley)
Retail (Store front) = 5 (0 in Capay Valley and 0 in Clarksburg) (applications not allowed for two years from the effective date of this article)
Retail (Non-Storefront) = 10 (0 in Capay Valley) (must be associated with a Yolo Cannabis Use Permit)
Special Cannabis Event = 0
Microbusiness = 5 (0 in Capay Valley)
H. Over-concentration. The Capay Valley area is hereby identified as an area of over-concentration and shall be limited to no more than five Cannabis Use Permits. New or relocating Cannabis Use Permits are not allowed in the Capay Valley. The remaining unincorporated area of the County shall not be considered over-concentrated based on Existing Licenses. New/relocated cannabis operators shall not be allowed in any other area of the County with seven Cannabis Use Permits in any six-mile diameter area. The determination of over-concentration for new/relocating permittees will be based on the order in which applications have been determined to be complete.
The determination of whether an area is or is not over-concentrated shall be based on the number of Cannabis Use Permits issued within the area, subject to the following. All cannabis uses at a vertically integrated site shall be counted as “one” for the purposes of determining over-concentration. Each owner/entity at a co-located site shall be counted individually (i.e., separately) for the purposes of determining over-concentration. Each operation covered by a development agreement approved through the “early” development agreement process that predated this article shall also count toward the limitation.
The Director shall establish procedures to implement this section by ensuring the efficient and orderly processing of Cannabis Use Permits in areas of over-concentration, consistent with the adopted CLUO. The procedures shall ensure that Cannabis Use Permit applications within any identified area of over-concentration will be processed simultaneously during the transition to the CLUO to enable consideration of community specific issues and to facilitate community involvement, and be processed prior to the consideration of applications not in over-concentrated areas. (EIR MM OVC-1a, I-V and OVC-1b)
J. Expiration. At the sole discretion of the decision-making authority, the term for any Cannabis Use Permit may be limited to a specified number of years. All permits expire automatically at the end of their stated term or, if a complete permit renewal application is filed prior to expiration, on the date of final action by the County (including on any related administrative appeals) on the application for renewal. The County provides no representations or assurances that Use Permit renewals will be authorized under the terms of this article, as may be amended from time to time, upon the expiration of any permits issued hereunder. All activities covered by a permit must cease immediately upon expiration or be subject to abatement by the County at the sole cost and expense of the permittee. Use permits for outdoor cultivation within a city sphere-of-influence shall be conditioned to expire within one year following annexation.
K. Vested rights. Unless otherwise required by California law, no County Cannabis License or Cannabis Use Permit establishes a property interest, vested right, or entitlement beyond the authorization to conduct the cannabis uses specifically identified in the permit for the term provided therein, subject to the permit’s conditions and the requirements of any applicable State and County laws and regulations, and subject to County’s ability to terminate the cannabis program under 8-2.1409(C). The Permittee and the Cannabis Use Permit shall be subject to all duly adopted amendments to State and County law or regulation, including amendments to this article and the administrative policies adopted thereunder.
L. Findings for approval or denial. The decision-making authority may grant approval of a Cannabis Use Permit if the following findings are made, based on substantial evidence in the record:
1. The requested use is a conditionally allowed use in the applicable zone designation.
2. The requested use is consistent with the general plan, and area or specific plan if applicable.
3. The proposed use complies with each of the applicable provisions of the Cannabis Land Use Ordinance and other applicable sections of the County Zoning Regulations.
4. The proposed use, together with the applicable conditions, will not impair the integrity or character of the neighborhood nor be detrimental to the public health, safety, or general welfare.
a. The population in the area has been taken into consideration.
b. The crime rate in the area has been taken into consideration.
c. The record of nuisance abatements in area has been taken into consideration.
d. Community character has been taken into consideration.
e. Community support has been taken into consideration.
5. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities will be provided, as required in applicable County and State regulations, standards, and specifications.
6. The number of cannabis operations in the area has been taken into consideration.
7. The proximity of cannabis operations to each other, and/or to other identified sensitive land uses has been taken into consideration.
8. The proximity to adjoining/nearby land uses has been taken into consideration.
9. The compliance history of the applicant and/or operator has been taken into consideration.
10. Parcel size and proposed uses on the non-cannabis portion(s) of the parcel have been taken into consideration.
11. Subject matter input relevant to the specific location or proposed project from County department and division heads, and the Cannabis Unit have been taken into consideration. This shall include information and recommendations from the Agricultural Commissioner relevant to compatibility of proposed cannabis cultivation with adjoining non-cannabis crops.
12. Other cultural, social, equity, and environmental justice concerns deemed applicable by the County have been taken into consideration. (EIR MM OVC-1c)
13. Site efficiency and use of the site to minimize fallowing of agricultural land has been taken into consideration.
The findings generally applicable to the grant of a Use Permit under the Yolo County Code do not apply to Cannabis Use Permits, which are subject only to the findings set forth above.
(Ord. 1541, eff. October 14, 2021)
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