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)