The following specific use requirements or standards are applicable to the use types authorized by this article. All references to laws and regulations of the State of California shall be deemed to include any duly-adopted amendments to such laws and regulations.
A. Agricultural applications. This category includes fertilizers, herbicides, pesticides, rodenticides, fumigants, and other inputs/applications for improved agricultural performance. Permittees shall comply with applicable County and State requirements, and manufacturer instructions, for use to the satisfaction of the County Agricultural Commissioner, and/or other responsible official. Cultivators, nurseries, and processing licensees shall implement the Pest Management Plan required pursuant to Section 16310 of the DCC Regulations, as applicable. Cultivators, nurseries, and processing licensees shall comply with pesticide laws and regulations as enforced by the Department of Pesticide Regulation pursuant to Section 16307, Pesticide Use Requirements, of the DCC Regulations.
B. Agricultural maintenance. Permittees operating on agricultural land must demonstrate to the satisfaction of the County Agricultural Commissioner that the majority of the parcel, excluding the area in cannabis cultivation, will be used for agricultural activities, and that any areas in nonagricultural use will be properly maintained (e.g. weed abatement, pest management, etc.) to, among other things, avoid maintenance deficiencies that impair or otherwise conflict with agriculture on other nearby properties.
C. Backflow prevention. To protect groundwater or surface water, proper backflow devices shall be installed, maintained, and tested for all wells where well water is used to mix agricultural applications or any chemicals.
D. Biological resources. Cannabis applicants shall survey and disclose on-site biological resources pursuant to the requirement to provide a Biological Resource Survey in Section 8-2.1410(C)(2).
1. Reconnaissance-level survey. Applicants shall include with their Use Permit application a reconnaissance-level survey for biological resources conducted on the parcel of the cannabis use by a qualified biologist (i.e., familiar with wildlife, plants, and habitats in Yolo County). The reconnaissance-level survey shall include the following elements:
a. Prior to the reconnaissance-level survey, the qualified biologist shall conduct a data review to determine the special-status plant, special-status wildlife, sensitive habitats (e.g., federally protected wetlands, waters of the state, riparian habitat, sensitive natural communities) that have the potential to occur within the proposed activity footprint of the cannabis use. This will include review of the best available, current data including vegetation mapping data, the Yolo HCP/NCCP, and database searches of the California Natural Diversity Database and the California Native Plant Society Inventory of Rare and Endangered Plants of California.
b. The qualified biologist shall map land cover, identify natural communities, and assess the habitat suitability of the proposed activity footprint of the cannabis use for special-status plants, special-status wildlife, and sensitive habitats identified as having potential to occur, consistent with the requirements of the Yolo HCP/NCCP for species covered by the plan, and consistent with Term 10 under Attachment A (General Requirements and Prohibitions) of SWRCB Order WQ 2019-0001-DWQ, if applicable.
c. The biologist shall provide a letter report to the applicant and the County with evidence to support a conclusion as to whether special-status species and sensitive habitats are present or are likely to occur within the proposed activity footprint of the cannabis use.
d. If special-status plants, special-status wildlife, suitable habitat for these species, or sensitive habitats are identified as being impacted by the cannabis use, items 2 through 7 below will apply.
2. Species covered under the Yolo HCP/NCCP. If species covered under the Yolo HCP/NCCP are identified as being impacted by the cannabis use, the applicant shall satisfy the requirements of the HCP/NCCP to the extent it is applicable.
a. If species covered under the Yolo HCP/NCCP that are not listed under CESA or ESA or are only listed under CESA are identified as being impacted by the cannabis use, payment of Yolo HCP/NCCP mitigation fees and implementation of applicable HCP/NCCP avoidance and minimization measures are required if applicable.
b. If species covered under the Yolo HCP/NCCP that are also listed under both CESA and ESA or only under ESA are identified as being impacted by the cannabis use, the applicant must avoid impacts by implementing no-disturbance buffers or redesigning the project until such time as federal permits, authorizations, and procedures/protocols under the HCP portion of the Yolo HCP/NCCP can be applied.
3. Special-status species not covered under the Yolo HCP/NCCP. If species not covered under the Yolo HCP/NCCP are identified as being impacted by the cannabis use, the applicant shall apply biological resource protection measures consistent with state and local requirements as described below:
a. If CDFW Species of Special Concern, species listed only under CESA, nesting raptors and native birds protected under California Fish and Game Code, or plants considered by CDFW to be "rare, threatened, or endangered in California" are identified as being impacted by the cannabis use, the applicant will retain a qualified biologist to conduct protocol-level surveys for these species for which established, current surveying protocols are available (e.g., Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities [CDFW 2018b], Staff Report on Burrowing Owl Mitigation [CDFG 2012]). If an established protocol is not available for a special-status species, then the qualified biologist will consult with CDFW or USFWS to determine the survey protocol.
b. If CDFW Species of Special Concern, species listed only under CESA, or plants considered by CDFW to be "rare, threatened, or endangered in California" are identified as being impacted by the cannabis use, these species will be avoided by implementing no-disturbance buffers or redesigning the project, if feasible.
c. If avoidance of CDFW Species of Special Concern, species listed only under CESA, or plants considered by CDFW to be "rare, threatened, or endangered in California" is not feasible, then the applicant will consult with CDFW to determine applicable, established minimization measures for the given species, and will implement these measures. If impacts on species listed under CESA are unavoidable, then the applicant will submit an incidental take permit application to CDFW and receive take authorization before commencing development of the proposed activity footprint of the cannabis use. Conditions of incidental take authorization may include minimization measures to reduce impacts, and compensation for loss of the species including but not limited to purchasing credits from a CDFW-approved mitigation bank.
d. If species listed under both CESA and ESA or only under ESA are identified as being impacted by the cannabis use, the applicant must avoid impacts by implementing no-disturbance buffers or redesigning the project until such time as federal permits, authorizations, and procedures/protocols can be acquired.
4. Sensitive habitats. If sensitive habitats, including federally-protected wetlands, waters of the state, riparian habitat, or sensitive natural communities (e.g., elderberry savanna, valley oak woodland) are identified within the proposed activity footprint of the cannabis use, these habitats will be avoided by implementing no-disturbance buffers as required by the SWRCB and the Yolo HCP/NCCP, such that the habitat is completely protected from direct and indirect adverse effects of project development. All ground disturbance, vegetation removal, and staging activities will be prohibited within this no-disturbance buffer, which may require project redesign.
a. A delineation of waters of the United States, including identification of hydrology, hydric soils, and hydrophytic vegetation, by a qualified biologist may be required to identify the exact extent of wetland features.
b. If federally protected wetlands cannot be avoided by at least 50 feet, then the proposed commercial cannabis operation will not be permitted until such time as cannabis uses may receive federal wetland permitting coverage under Section 404 of the CWA. (EIR MM BIO-1)
5. Cannabis activities shall avoid special status species and habitats where feasible and mitigate pursuant to the Yolo HCP/NCCP and applicable State requirements when impacts cannot be avoided.
6. Cannabis activities determined by the County to be covered activities under the Delta Plan developed by the Delta Stewardship Council must avoid impacts to the Yolo Bypass Priority Habitat Restoration Area (PHRA) and the applicant shall assist the County in demonstrating this through the Delta Stewardship Council’s Certificate of Consistency process if required.
7. Cannabis Permit applicants must demonstrate compliance with a Lake or Streambed Agreement (LSA) pursuant to State Fish and Game Code 1602 if one is required. Permittees shall comply with the minimum 100-foot setback from lakes, perennial ponds, rivers, creeks, sloughs, and perennial streams as set forth in Policy CO-2.22 of the General Plan, as applicable. Permittees must demonstrate compliance with the Yolo Habitat Conservation Plan/Natural Community Conservation Plan (Yolo HCP/NCCP), if applicable, and subsequent relevant adopted plans.
E. Buffers. Unless otherwise identified, the following buffers are required between any cannabis use and any identified sensitive land use:
CLUO Sensitive Land Use | Buffers for Outdoor Uses1-6 |
Measure Buffer From |
CLUO Sensitive Land Use | Buffers for Outdoor Uses1-6 |
Measure Buffer From |
Off-site individual legal residences located on parcels under separate ownership in any non-residential zone | 600 ft for Existing Licensees 1,000 ft for new or relocating licensees 1,000 ft in Capay Valley | Building |
Residentially zoned land | 600 ft for Existing Licensees 1,000 ft for new or relocating licensees 1,500 ft from residentially zoned land within city limits, residential areas contiguous to City limits (El Macero, Willowbank, Royal Oaks Mobile Home Park, and Westucky), and residentially zoned land within town growth boundaries (Clarksburg, Dunnigan, Esparto, Knights Landing, Madison, Yolo, Zamora) for new or relocating licensees8 1,000 ft in Capay Valley | Zone boundary |
Public parks | 600 ft for Existing Licensees 1,000 ft for new or relocating licensees 1,000 ft in Capay Valley | Parcel |
Licensed day cares | 600 ft for Existing Licensees 1,000 ft for new or relocating licensees 1,000 ft in Capay Valley | Building |
Recognized places of worship | ||
Public or licensed private schools | ||
Licensed treatment facilities for drugs or alcohol | ||
Licensed youth centers | ||
Federal lands held in trust by the federal government or subject of a trust application for a federally recognized Tribal government | 1,000 ft7 | Parcel |
Tribal Cultural Resources | 1,000 ft7 |
Resource boundary |
Off-site individual legal residences located on parcels under separate ownership in any non-residential zone; residentially zoned land; public parks; licensed day cares; recognized places of worship; public or licensed private schools; licensed treatment facilities for drugs or alcohol; and licensed youth centers | None for Existing Licensees 100 ft for new or relocating licensees 9 100 ft in Capay Valley (Existing Licensees, new structures) | As shown above by sensitive land use |
Federal lands held in trust by the federal government or subject of a trust application for a federally recognized Tribal government; and Tribal Cultural Resources | 1,000 ft | As shown above by sensitive land use |
Notes:
1. Buffers applied to residences on non-residentially zoned parcels, day cares, places of worship, schools, treatment facilities, and youth centers shall be measured from the closest surface of the building in which the use is operated to the closest point of any structure or outdoor area containing cannabis.
2. Buffers applied to residentially zoned land shall be measured from the closest point of the residential zone boundary to the closest point of any structure or outdoor area containing cannabis.
3. Buffers applied to public parks and Tribal trust land shall be measured from the closest point of the parcel boundary to the closest point of any structure or outdoor area containing cannabis.
4. Buffer Reductions – When deliberating a Cannabis Use Permit application for Existing Licensees only, reductions of up to ten percent of the required buffer distances described above may be approved by the County based on consideration of project-specific and/or site-specific factors, including but not limited to considerations of compatibility with surrounding land uses. Buffer reductions cannot be used on buffers from Federal lands held in trust by the federal government or subject of a trust application for a federally recognized Tribal government, buffers from Tribal Cultural Resources or buffers in the Capay Valley.
5. Buffer Exceptions – When deliberating a Cannabis Use Permit application for Existing Licensees only, reductions of more than ten percent of the required buffer distances described above may be approved by the County based on consideration of project-specific and/or site-specific factors including but not limited to considerations of compatibility with surrounding land uses. Buffer exceptions cannot be used on buffers from Federal lands held in trust by the federal government or subject of a trust application for a federally recognized Tribal government, buffers from Tribal Cultural Resources, or buffers in the Capay Valley.
6. Buffer Easements – On a case-by-case basis, at the discretion of the County, in conjunction with consideration of a Cannabis Use Permit, for Existing Licensees only, buffer easements on neighboring property(ies) may be considered as an alternative to compliance with the identified required buffers. The easement must be approved by the County, be in effect so long as the Cannabis Use Permit is in effect, and shall be recorded in the chain of title for the affected property(ies) using a template approved by County Counsel. Buffer easements cannot be utilized in the Capay Valley.
7. Applies to all cannabis uses (indoor and outdoor).
8. Only applies outside of Capay Valley.
9. Notwithstanding any other provisions of this article, the requirement for a 100-foot buffer between indoor cannabis uses and identified sensitive land uses shall apply to any indoor cannabis structure for which a building permit was issued after the effective date of this article whether undertaken by existing, new, or relocated licensees; and the licensee may request approval of a reduction of up to ten percent of this buffer in conjunction with an application for a new or amended Cannabis Use Permit.
F. Building design. Design and construction of buildings and structures shall comply with all applicable codes, standards, regulations, and guidelines, and shall demonstrate consideration of odor control, air quality, noise control, environmental controls (including temperature, humidity, and ventilation), safety and security, lighting, aesthetics, energy use, and other appropriate impact mitigation. All required building permits shall be obtained. New development shall be clustered or otherwise sited to minimize impacts. Design, materials, and general appearance must be compatible with the character and scale of what is typical in the applicable zone (see also Section 8-2.1408(OO), Site Design, and (PP), Site Maintenance (General), of this article).
G. Co-Location. Co-location is permitted at the County’s discretion based on site-specific and project-specific considerations, regardless of use type so long as each licensee meets all of the permit conditions and the County and State cannabis license requirements for each individual use type. Each premises, as defined under State law, must obtain a separate State Cannabis License. Canopy is separately calculated for each licensee. Sharing of infrastructure, security, and operations is permitted subject to review and approval through the Cannabis Use Permit process, and consistency with State law. The combined operations cannot exceed the terms of the permit for the site. No minimum site size or maximum number of licenses applies beyond what is required by state law.
H. Cultural resources.
1. General. In accordance with Policies CO-4.12 and CO-4.13, and Actions CO-A63 through CO-A66, of the Cultural Resources chapter of the Conservation and Open Space Element of the County General Plan, and 8-2.1410(C.1) of this article, applicants shall submit a Cultural Resource Survey (if required) to determine the potential for Tribal cultural, archeological, or historical resources to be located on the project site, and/or impacted by the proposed project. The County shall provide the Cultural Resource Survey to appropriate State agencies and Tribal representatives for review and comment. The County will undertake appropriate coordination (including formal consultation if required) with Tribal representatives. Based on the recommendations in the Cultural Resource Survey and comments received from reviewing parties, the County will identify appropriate requirements to avoid or minimize impacts to cultural resources. These requirements will be included as proposed conditions of approval for the subject application. If onsite resources are identified, a mitigation plan is required to protect identified resources in accordance with General Plan Actions CO-A63 and CO-A64 prior to issuance of permits.
If cultural resources (Tribal cultural, archaeological, and/or historic) are encountered during construction or operations, workers shall not alter the materials or their context until an appropriately trained cultural resource consultant has evaluated the find and appropriate steps are taken in accordance with the subsections below. A minimum 100-foot buffer around the find shall be established upon its discovery. Project personnel shall not collect cultural resources. Prehistoric resources include chert or obsidian flakes, projectile points, mortars, pestles, dark friable soil containing shell and bone dietary debris, heat-affected rock, or human burials. Historic resources include stone or adobe foundations or walls, structures and remains with square nails, and refuse deposits often in old wells and privies.
2. Tribal cultural resources. If Tribal cultural resources are encountered all work in the area shall cease, resources shall be accorded culturally appropriate dignity, removal, reinterment, or other protection; disposition shall be as directed by the culturally affiliated tribe(s) pursuant to a Treatment Plan or Treatment Agreement (or other comparable arrangement). For resources that remain in place, a 1,000 foot buffer shall be provided.
3. Human remains. If human remains are discovered, permittees shall comply with Section 7050.5 of the California Health and Safety Code. Cultivation, grading/excavation, or other soil disturbance activities shall be immediately halted at the location of human remains and in the nearby area until the County Coroner has determined that the remains are not subject to the provisions of Section 27491 of the California Government Code or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the remains are not subject to his or her authority and the remains are recognized to be those of a Native American, the coroner shall contact the Native American Heritage Commission within 24 hours and disposition shall be as specified by Commission and in accordance with applicable requirements of State law.
Native American remains shall be accorded culturally appropriate dignity, removal, reinterment, or other protection/disposition shall be as directed by the culturally affiliated tribe(s) pursuant to a Treatment Plan or Treatment Agreement (or other comparable arrangement) completed and appropriately implemented before commencement of ground-disturbing activity in the affected area.
4. Confidentiality. Cultural and Tribal resource information and records are confidential (see Section 6254(r) and 6254.10 of the California Government Code; Section 21082.3(c)(1) of the Public Resources Code; and Section 15120(d) of the California Environmental Quality Act (CEQA) Guidelines.
5. Tribal consultation. Pursuant to Section 21080.3.1 of the Public Resources Code any applications for which a negative declaration, mitigated negative declaration, or EIR is prepared must comply with Section 21080.3.1(b) of the Public Resources Code related to Tribal consultation.
6. SWRCB Cannabis Cultivation Policies. Applicants and site operations that require coverage under waste discharge requirements (WDRs) or a waiver of WDRs discharge waste shall comply with applicable provisions and requirements of the SWRCB Cannabis Cultivation Policies (Terms 19 through 23 of Order WQ 2019-0001-DWQ) which prohibits cannabis cultivation within 600 feet of a Tribal cultural resource and includes protection measures for discovered resources. Notwithstanding this requirement, Section 8-2.1408(E) imposes a larger buffer by restricting cannabis land uses within 1,000 feet of a Tribal cultural resource.
I. Delivery services. Retail Non-Storefront (cannabis delivery) in the unincorporated area, whether by retailer with a business address inside or outside of the unincorporated area, is prohibited without a valid County Business License.
J. Drainage and Storm Water Discharge. Drainage and storm water must be discharged into approved on-site stormwater management systems. Site drainage, runoff, and storm water discharge shall comply with the State Water Board Cannabis Policy and Cannabis General Order and the County Improvement Standards. All license types shall submit evidence of compliance with DCC Section 15011(a)(3) related to waste discharge, as applicable.
K. Driveway access. Driveway approaches to County and State maintained roads shall be per current County Improvement Standards or Caltrans requirements, as applicable. An encroachment permit may be required. Controlled access entries must provide a rapid entry system (e.g. Knox Box approved by the local Fire District or fire service provider) for use by emergency personnel and provide adequate space for vehicles to access the lock without impeding the right-of-way. A County assigned street address is a requirement. The address must be posted and adhere to display requirements of the Fire Code. Permittees must demonstrate safe and adequate driveway access to the satisfaction of the County or Caltrans, as applicable, in compliance with applicable standards. Access considerations identified in Section 8-1.802 of the County Code shall apply. Driveways shall have an all-weather surface, such as compacted gravel.
L. Dust control. Permittees shall comply with the requirements of the Yolo-Solano Air Quality Management District related to control of dust. Cultivation sites shall ensure dust control in a manner consistent with standard agricultural practices. Vegetative wind breaks are encouraged.
M. Edibles. If edible cannabis products are present or manufactured on site, or offered for sale or distribution, the facility/operation must secure any necessary approvals and permits from the Division of Environmental Health and/or State, as applicable, prior to commencement of operations.
N. Employee services. Permittees shall comply with applicable labor standards including parking, toilets, drinking water, safety stations, shading, and hand-washing stations. Employee housing (temporary and/or permanent), including for on-site security, must have all necessary services (e.g., approved systems for the provision of water and treatment of wastewater) and required approvals. The provision of employee housing without required permits/approvals is grounds for revocation or suspension of the Use Permit. Permittees shall encourage employee ride-sharing and encourage employees to minimize trips.
O. Energy use. Permittees shall demonstrate availability of adequate energy, and compliance with applicable local and regional energy saving goals. A permanent power source is required (e.g., electric utility, or solar/wind with battery back-up). Permittees shall demonstrate use of energy efficient best practices for each proposed use type. Onsite generation of energy from clean and/or renewable sources is encouraged. Permittees shall be conditioned to achieve VCEA ultra green or equivalent standard (100 percent renewable and 100 percent carbon-free).
Permittees shall demonstrate compliance with the applicable provisions of the Yolo County Climate Action Plan (CAP) including energy efficiency measures for irrigation pumps and water efficiency requirements for buildings. (EIR MM GHG-1)
Q. Fire protection. All uses shall comply with the California Building, Electrical and Fire Codes as adopted by the County, including existing requirements for adequate access, water availability, and other conditions for fire protection as applicable for the location and use/activity. Permittees shall manage vegetation and maintain fire breaks to minimize fire danger.
R. Flood protection. The applicant shall identify the applicable standard for flood protection pursuant to Federal (e.g. Federal Emergency Management Agency [FEMA]), State, and local requirements, and demonstrate compliance. Development Agreements may only be entered into in State designated urban and urbanizing areas where 200-year flood protection is provided or adequate progress has been made, and/or other applicable State flood protection requirements are met. Development Agreements may only be entered into in State designated non-urbanized areas where the FEMA standard of flood protection is met. Cannabis activities determined by the County to be covered activities under the Delta Plan must comply with all applicable requirements of the Delta Plan.
S. Functionally equivalent standards. The County decision-making body may allow compliance with any of the requirements/standards of this Section through functional equivalent means upon demonstrating appropriate CEQA compliance and making findings of fact supported by substantial evidence. The County decision-making body may determine based on documented site-specific conditions or other relevant facts and circumstances, supported by substantial evidence, that one or more of the requirements/standards of this Section are not necessary or may be addressed by alternative means that have an equally effective or better outcome.
T. Generators. Use of generators (including diesel-powered refrigerated units) as the sole or permanent source of power for equipment and/or facilities for all cannabis use types is prohibited. All licensees must satisfy applicable requirements of the Yolo-Solano Air Quality Management District. Cultivators, nurseries and processing licensees must also demonstrate compliance with Section 16306, Generator Requirements, of the DCC Regulations.
U. Good neighbor communication. Permittees shall make available to property owners and residents/tenants within 1,000 feet of the property line an operable method of communication with a local or on-site responsible party having prompt access to the site/operation/activities. The purpose of this requirement is to facilitate communication between neighbors related to conditions at the site and operation of the activity. Permittees shall generally respond to legitimate neighbor contacts, within one business day. The method of communication may be a phone number, email, or website (containing contact information), as proposed by the permittee and approved by the County. A method that generates written records is recommended (e.g. email). Failure to reasonably respond to contacts as required by this subsection will be a consideration in any enforcement action/proceedings, including license renewal, undertaken in connection with the operation at issue. As a condition of approval for a Cannabis Use Permit, the County may require mediation as a means of resolving disputes among neighbors, to be paid by the Permittee.
V. Grading/land clearing. No grading or land clearing for cannabis activities may occur without prior authorization pursuant to an approved Cannabis Use Permit, and a County Grading Permit if applicable. Grading or land clearing in advance of permit approval is grounds for denial/revocation of any County Cannabis Use Permit and/or County Cannabis License. Grading and/or land clearing requires the issuance of a County Grading Permit, if applicable, and must be conducted subject to a State construction storm water permit if applicable. Cultivators, nurseries and processing licensees shall demonstrate compliance with the principles and guidelines for discharge and water quality contained in the Cannabis Cultivation Policy of the State Water Resources Control Board. Excessive grading and disturbance shall be avoided. Cannabis activities on slopes of ten percent or greater require review and approval by the County Engineer to ensure the application of appropriate environmental protections and best management practices to control for erosion, sedimentation, and water quality to acceptable levels. A geotechnical analysis by a licensed civil engineer in the State of California may be required at the County’s discretion, to minimize erosion, sedimentation, and water quality to acceptable levels.
W. Hazardous materials. If the facility handles any hazardous materials in reportable quantities the facility shall be regulated by the Certified Unified Program Agency (CUPA) in compliance with State law (Section 25500 of the California Health and Safety Code). Storage and disposal of hazardous materials and hazardous waste must be conducted in a manner consistent with Federal, State, and County laws, regulations, rules, and/or other requirements. Required disclosures, business plans, storage protocol including fuel storage, and hazard response plans shall be provided to the County and shall be consistent with the requirements of the Division of Environmental Health and Title 22 Division 4.5 of the California Code of Regulations.
X. Hoop houses. Hoop houses shall be used as temporary structures and shall be removed after the growing season. No utilities or power, including portable equipment, shall be allowed in hoop houses. No artificial lighting, battery powered or otherwise shall be allowed. Hoop houses may not be used for processing. Hoop houses must be properly maintained.
Y. Landscaping. Landscaping and irrigation shall be provided consistent with the requirements of the zone, Chapter 3, Water Efficient Landscaping, of Title 8 of the YCC, and applicable State requirements for water conservation and drought tolerant landscaping. See requirements for Screening (Section 8-2.1408(KK)).
Z. Lighting. All exterior lighting shall be operational, full cut-off, shielded, and downward facing. Lighting shall not spill over onto other properties, structures, or the night sky. Lighting inside indoor and mixed light operations shall be fully controlled so that minimal or no light escapes. Lighting is prohibited in hoop houses. Cultivators, nurseries and processing licensees must comply with Section 16304(a)(6) of the DCC Regulations. All lighting for indoor/enclosed spaces shall utilize LED bulbs, or equivalent or more efficient technology. Mixed light use types of all tiers and sizes shall ensure that lights used for cultivation are shrouded from sunset to sunrise to preclude nighttime glow, pursuant to Section 16304(a)(7) of the DCC Regulations. Nighttime light escape from cannabis greenhouses shall be controlled to the greatest extent feasible through the use of internal curtains or other equally or more effective methods that preclude the facility from emitting nighttime glow.
AA. Microbusiness. A microbusiness must comply with the requirements of this article specific to any of the applicable cannabis activity use types in which the business engages. For example, if the microbusiness engages in cultivation activities, it must satisfy all the applicable cultivation requirements of this article. This applies to manufacturing, distribution, and retail activities as well. On-site consumption may occur only if approved by the County as part of the Cannabis Use Permit.
BB. Noise control. Permittees shall control interior and exterior noise in compliance with the Noise chapter of the Health and Safety Element of the County General Plan including Figure HS-7, Noise Compatibility Guidelines, and Policy HS-7.1 and HS-7.4.
The following noise restrictions shall apply:
1. From 6:00 a.m. to 6:00 p.m., noise levels shall not exceed an average noise level equivalent (Leq) of eighty (80) decibels (dBA) measured at the property boundaries of the site. However, noise levels shall not exceed an average noise level equivalent (Leq) of sixty (60) decibels (dbA) for any nearby off-site residences or other noise-sensitive land uses.
2. From 6:00 p.m. to 6:00 a.m., noise levels shall not exceed an average noise level equivalent (Leq) of sixty-five (65) decibels (dBA) measured at the property boundaries of the site.
3. At no time shall noise levels exceed a community noise equivalent (CNEL) of sixty (60) decibels (dBA) for any existing residence or other noise-sensitive land use. An existing residence shall be considered (1) the property line of any residentially zoned area or (2) in the case of agricultural land, any occupied residential structure not on the same parcel as the cannabis operation. Achieving the noise standards may involve setbacks, the use of quieter equipment adjacent to residences, or other appropriate measures. (EIR MM NOI-1)
CC. Nuisance. Cannabis uses, including personal cultivation, shall not create a public nuisance or adversely affect the health or safety of nearby residents or businesses by, among other things, creating dust, light, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, unsafe conditions, or other impacts, in excess of allowable thresholds, or be hazardous due to the use or storage of materials, processes, products, runoff, unauthorized releases or illegal disposal of wastes.
1. Subject to subsection 7 below, it is unlawful and it shall be a public nuisance to cause or permit persistent cannabis odors. A persistent cannabis odor is one which is verified by persons of normal odor sensitivity (as defined by European Standard EN 13725) to exist for three consecutive days within any two-week period at a dilution-to-threshold (D/T) ratio of seven parts clean or filtered air to one-part filtered odorous air (7:1) or stronger at the property line of the site, as a result of investigations resulting from subsection 2, below. This D/T standard may be modified by ordinance amendment of the Board of Supervisors, in its sole discretion, through a duly noticed process. Should this occur, the new standard would automatically apply to existing and future permittees, upon becoming effective.
2. Subject to subsection 7 below, for the purposes of this subsection, cannabis odors shall be deemed to be persistent if (i) the County enforcement officer independently determines that the cannabis odor violates the standards of subsection 1 above, and/or (ii) the County enforcement officer receives three or more complaints of cannabis odor representing separate residences or places of occupied business, of a cannabis odor emanating from the subject property for three consecutive days within any two-week period, that the enforcement officer verifies violates the standards of subsection 1 above.
3. Subject to subsection 7 below, nothing in this subsection shall be deemed to require three verified complaints before the County may initiate enforcement action. The County may determine that a public nuisance exists under this subsection regardless of whether any complaints are received provided County officials or employees observe and verify cannabis odor conditions that violate this subsection.
4. Failure to effectively resolve a public nuisance shall result in enforcement action, up to and including additional conditions, suspension and/or revocation of the County Cannabis Use Permit and/or County Cannabis License pursuant to the process below.
5. The County applies a three-level enforcement system to cannabis nuisance violations. Depending on the severity, frequency, or the failure to resolve the cause of the violation, the County enforcement officer may issue an alert, a warning citation, or a Notice of Violation. An alert shall identify the problem, identify relevant code sections, discuss the abatement process, and identify corrective action. A warning citation shall identify the problem, document the history, and mandate specific abatement actions including submittal of a plan and schedule to remedy the problem. A Notice of Violation shall follow the procedures set forth in Section 12-04.17.
6. Subject to subsection 7 below, if at any time during the enforcement system identified above in subsection 5, the County enforcement officer determines that a violation of other conditions at the site are deleterious to the health, safety, or general welfare of any one or more surrounding properties, or that the permittee and/or landowner is not acting in good faith or in a manner sufficient to timely address such a matter, the County enforcement officer may bypass the citation process and take immediate steps to address the matter, including by abatement or any other lawful means.
7. Permittees operating in compliance with this article, in particular Section 8-2.1408(DD)(1), Odor Control, the terms of their Cannabis Use Permit, and other applicable laws shall be presumed to not cause or contribute to a public nuisance.
8. The County may elect not to investigate any complaint due to resource limitations or other matters. In addition, the County may elect not to investigate complaints submitted by complainants that submit more than three unsubstantiated complaints within a one-year period.
DD. Odor control.
1. The allowable threshold for cannabis odor from all cannabis uses, including personal cultivation, shall be defined as a dilution-to-threshold (D/T) ratio of less than seven parts clean or filtered air to one-part odorous air (7:1) at the property line of the site. This D/T standard may be modified by ordinance amendment of the Board of Supervisors, in its sole discretion, through a duly noticed process. Should this occur, the new standard would automatically apply to existing and future permittees, upon becoming effective. As further defined in Section 8-2.1408(CC), cannabis odor below this threshold shall be considered acceptable and shall not be considered a nuisance.
All cannabis uses must maintain compliance with the applicable D/T standard. If necessary to ensure compliance with the D/T standard, indoor and mixed light uses must install and maintain the following: an exhaust air filtration system with odor control that effectively minimizes internal odors from being emitted externally; an air system that creates negative air pressure between the facilities interior and exterior so that odors outside of the facility will not exceed the dilution-to-threshold (allowable threshold), as defined herein; or other odor control system/methods which effectively minimizes odor to a level compliant with the allowable threshold.
Odor control for outdoor activities may include different plant strains, smaller cultivation areas, relocation of outdoor activities indoors or in a mixed light facility, use of site design or other technology, use of vegetative barriers, use of odor mitigating crops, and/or other methods proven to be effective and accepted by the County.
2. Applicants shall submit the following information for all cannabis types in the form of an Odor Control Plan:
a. Identification and description of cannabis odor emitting activities and nature and characteristics of emissions.
b. Description of methods, procedures, and engineering controls for reducing/controlling odors.
c. Certification by a Professional Engineer or Qualified Odor Professional that: the methods, procedures, and engineering controls proposed to control cannabis odors are consistent with accepted/available industry-specific best control technologies and methods designed to abate odor, and will be effective in abating cannabis odors to the required D/T standard at the property line of the site.
d. A wind pattern evaluation of each Cannabis Use Permit application shall be submitted as part of the Odor Control Plan. This evaluation shall utilize wind roses (a circular display of the frequency of wind coming from specific directions over a specified period of time). The wind pattern evaluation shall identify sensitive land uses (as defined in Section 8-2.1408 (E)) located downwind of a proposed cannabis use and potentially affected by nuisance odor for a predominant period of time based on the wind frequency. (EIR MM AQ-4)
3. On a case-by-case basis, at the discretion of the County, in conjunction with consideration of a Cannabis Use Permit or Cannabis Use Permit amendment, odor easements on neighboring property(ies) may be considered as an alternative to compliance with the identified odor threshold. Such easements must be in a form approved by the Cannabis Unit, be in effect so long as the Cannabis Use Permit is in effect, and shall be recorded in the chain of title for the affected property(ies).
EE. Operating hours. Outdoor cultivation and indoor or mixed light cultivation activities may be conducted seven days per week, 24-hours per day. Operating hours for other cannabis uses are subject to approval pursuant to the Cannabis Use Permit and may be limited at the discretion of the County.
FF. Parking. Parking shall be provided consistent with any minimum requirements listed for such uses in the County Zoning Regulations, and more particularly, must meet occupancy requirements for the construction of such uses as indicated in the California Building Code. Adequate onsite parking for all employees, residents, loading, and unloading must be provided, including any reserved overflow parking areas designated for seasonal use. Paved parking spaces for accessibility shall be as required. Parking areas shall not obstruct emergency or fire access, and shall not be placed over leach fields and replacement areas. Parking shall be prohibited on County right-of-way if operations occur on agriculturally-designated land.
GG. Personal use. Personal use is allowed as described in Section 11362.2 of the California Health and Safety Code and Chapter 4 of Title 12 of the Yolo County Code. Buffers as specified in Section 8-2.1408(E) of this article shall not apply to plants grown for personal use. Personal use is restricted to medicinal and adult recreational use only, sales are prohibited, and non-cultivation uses are prohibited.
HH. Processing. Permittees engaging in cultivation may also conduct processing of their own product onsite or may obtain a separate processing license to perform processing activities at a separate facility/location for their own product and/or that of third-party cultivators. Processing includes trimming, drying, curing, grading, storing, packaging, and labeling of non-manufactured cannabis incidental to the cultivation operation. All processing activities shall occur indoors within secure permitted buildings/structures, or may occur outside if screened from the public right-of-way pursuant to Section 8.2-1408
(KK) of this article, and provided odor and security are adequately addressed.
II. Public land. Cannabis activities are prohibited on public land.
JJ. Roadways. In accordance with the County’s adopted policies and standards cannabis operators are strongly encouraged to take affirmative measures to combine trips, reduce greenhouse gas emissions, and minimize vehicle miles traveled. Policy CI-3.1 of the Circulation Element of the County General Plan identifies level of service policies intended to retain capacity on rural roads for agricultural uses, which includes cannabis cultivation.
If triggered by conditions identified in the Yolo Transportation Impact Study Guidelines (adopted February 2010; as amended), e.g. 100 new daily trips or more, applicants will prepare a traffic assessment for consideration as part of their use permit application. All trips associated with an existing cannabis licensee shall be considered “new” trips for the purposes of determining whether a traffic study is required as a part of the Use Permit application. In situations where a project would substantially and adversely alter physical or operational conditions on a County roadway, roadway improvements (e.g. safety improvements) or other circulation improvements will be required as appropriate.
The permittee shall install/undertake appropriate roadway improvements to adequately resolve identified concerns in a manner consistent with adopted standards and requirements as applied to other similar uses.
KK. Screening. Applicants for outdoor (and mixed light if screening is required) cannabis cultivation shall submit a screening plan (including details such as location, height, material or species, etc.) that achieves the following:
1. Outdoor cultivation (including hoop houses) shall be screened to the maximum extent feasible to avoid visibility from public rights-of-way. Mixed light cultivation and indoor cannabis uses are not required to be screened, unless determined by the County that screening is necessary for security purposes.
2. Screening may be vegetative or in the form of fencing, at the County’s discretion, dependent on circumstances at the site and in the surrounding area.
3. Vegetative screening is subject to approval by the County Agricultural Commissioner to ensure proposed species will not harbor agricultural pests. Native, drought-tolerant species are encouraged. The applicant must demonstrate that the proposed vegetative screening is reasonably expected to provide the intended screening within five years.
4. Fencing, generally, shall not exceed a height of seven (7) feet. Requests for height above seven (7) feet may be permitted as part of the Cannabis Use Permit, if it is found that the size, shape, topography, location of the site, or orientation of structures on adjacent properties justifies such modification, and the property where the fencing is modified will not cause detriment to the surrounding area nor a safety hazard for the use of adjacent properties or roadways.
5. Fencing design and materials shall be consistent with the surrounding area, remain in good repair, and shall not significantly diminish the visual quality of the site or surrounding area. Fencing shall be opaque and constructed of durable materials. Linear barbed wire at the six-foot level or above may be allowed on a case-by-case basis through the Cannabis Use Permit process or Cannabis Use Permit amendment process if it is determined to not diminish the visual quality of the site or surrounding area. Razor wire fencing is prohibited.
6. Sites not visible from public rights-of-way are not required to be screened, unless determined by the County that screening is necessary for security purposes.
LL. Security. A fully functional, operating, site security system with cameras operating 24-hours a day, seven days a week, is required. Cannabis Use Permit applicants shall describe how site and operational security will be addressed specific to the site and use type, including features that may consist of access control, alarms, security personnel, guard dogs, fencing, and building/structural security. All gates, doors, and windows of structures and facilities used for cannabis activities shall be locked/secured. Permittees are responsible to prohibit individuals from loitering on the premises if they are not engaged in activity expressly related to the activity/operations. A security plan shall be provided to the County and shall be treated as confidential by the County pursuant to Section 6255(a) of the California Government Code because the public interest served by maintaining the confidentiality of such security plans clearly outweighs the public interest served by disclosing the record. Failure to secure a site pursuant to the security plan may be grounds for revocation. All license types shall submit evidence of compliance with DCC Article 5, Security Measures, commencing with Section 15042, as applicable.
MM. Setbacks. Minimum setbacks from property boundaries shall be consistent with the requirements of the zone. All operations shall satisfy additional buffer requirements identified in Section 8-2.1408(E), Buffers, of this article. Accessory uses, as defined for each zone category, may not encroach into required setbacks.
Permittees shall comply with the minimum 100-foot setback from lakes, perennial ponds, rivers, creeks, sloughs, and perennial streams, as set forth in Policy CO-2.22 of the General Plan, as applicable. Cultivators, nurseries and processing licensees shall comply with the State Regional Water Quality Control Board required 600-foot setback from Tribal Cultural Resources, as applicable. Notwithstanding this requirement, Section 8-2.1408(E) imposes a larger buffer by restricting cannabis land uses within 1,000 feet of a Tribal cultural resource.
NN. Signage and advertising. Permittees shall comply with applicable sign standards (see Article 12, Sign Standards, of the County Zoning Regulations). Advertising shall comply with California Business and Professions Code Chapter 15 (Advertising and Marketing Restrictions).
OO. Site design. Site design shall comply with all applicable codes, standards, regulations, and guidelines, and shall demonstrate consideration of odor control, air quality, noise control, workflow, safety and security, lighting, aesthetics, protection of resources (biological, cultural, trees, etc.) and other appropriate impact mitigation. All required permits shall be obtained. Operations shall comply with Sections 8-2.1002, Area of Lots, and 8-2.1004, Height Regulations, of the County Zoning Regulations as applicable.
PP. Site maintenance (general). Permittee shall at all times maintain, manage, and operate the site, all improvements and alterations, and all structures, in good repair, acceptable in appearance, and in a reasonably safe condition, including securing all necessary licenses and permits for this work. The site shall be kept free of litter, clutter, graffiti, abandoned buildings, abandoned structures, and abandoned equipment. The permittee shall prevent and eliminate conditions that constitute a public nuisance.
QQ. Trailers and shipping containers. All required building permits shall be obtained for trailers and shipping containers for temporary or permanent use. These uses may not encroach into required setbacks. Permittees shall comply with Section 8-2.1012 (Commercial Coaches) and Section 8-2.1013 (Manufactured or Mobile Homes and Trailers) of the County Zoning Regulations if applicable. Use of recreation vehicles, campers, motorhomes, or other such vehicles for cannabis-related activities is not allowed.
RR. Tree protection. Protection of trees is encouraged consistent with General Plan policies and the County Oak Woodland Conservation and Enhancement Plan. Protections shall include a prohibition on detrimental activity within the dripline. Removal of native trees and tree clusters or stands, particularly oak woodlands, remnant valley oaks, and riparian woodlands, in furtherance of a cannabis use is prohibited. Notwithstanding the foregoing, nothing in this section prevents the removal of trees in response to a safety, disease, or similar concern that is verified in writing by an arborist or similarly qualified individual.
SS. Waste management. Cannabis waste, trash, and garbage must be stored so as not to create a public nuisance and must be regularly removed from the facility to an appropriately permitted disposal facility. All licensees shall satisfy the requirements of Section 17223, Waste Management, of the DCC Regulations (as applicable), which includes submission of a Cannabis Waste Management Plan.
TT. Wastewater discharge. Access to adequate washing and toilet facilities during operation must be provided and shall meet the requirements of the Division of Environmental Health (see Section 6-19.601 et seq. of the YCC). If a connection to a public sewer system cannot be provided, an onsite wastewater treatment system (OWTS) or other approved wastewater disposal method is required. A permit from the Division of Environmental Health is required prior to construction of an OWTS or use of an alternative wastewater disposal method. Wastewater effluent must be discharged into an approved OWTS or public sewer system. Permittees shall comply with applicable County and State requirements for wastewater discharge. Applicants for indoor cultivation and noncultivation cannabis operations shall prepare a wastewater pre-treatment program that will characterize wastewater generated and will identify any additional treatment measures required to allow discharge to a public wastewater system without violating the waste discharge requirements of the facility. (EIR MM HYDRO-4)
UU. Vertical integration. Vertical integration is permitted at the County’s discretion based on site-specific and project-specific considerations. Nothing in this article shall prohibit a single individual or entity from holding or owning more than one category of license use type, other than laboratory/testing, provided all required licenses and permits are obtained, and provided the licensee abides by all applicable regulatory requirements.
VV. Water supply/use. Access to potable drinking water and water for hand washing during operation must be provided and shall meet the requirements of the Division of Environmental Health. Permittees shall identify the source of all water proposed to be used for the operation, substantiate a legal right to use the water if from a surface source, and demonstrate that adequate capacity is available to serve the use on a sustainable basis. If operations will involve more than 25 persons (including employees, property owners, and visitors) at least 60 days per year, or other standard applicable under State or local law, the site must comply with public water system requirements and obtain a water supply permit from the Division of Environmental Health. All licensees shall comply with Section 16311, Supplemental Water Source Information, of the DCC Regulations, as applicable.
(Ord. 1541, eff. October 14, 2021; as amended by § 2, Ord. 1545, eff. January 6, 2022; as amended by § 2, Ord. 1564, eff. December 21, 2023)