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)