A. Applicability No commercial cannabis activities may be undertaken without having first obtained a Cannabis Use Permit. Cannabis Use Permits, including amendments and extensions, shall be processed by the County pursuant to the requirements of this article and, to the extent the requirements thereof do not conflict with or duplicate requirements of this article, Sections 8-2.217, Use Permits, and 8-2.215, Site Plan Review, of the County Zoning Regulations. Cannabis Use Permits shall be considered by the Planning Commission, with input from the appropriate Citizens Advisory Committee(s) (CACs), if any, and subject to appeal to the Board of Supervisors.
Pursuant to Section 8-2.1410(I), all cannabis use permits for qualified Existing Licensees in the Capay Valley are required to be processed as a batch and acted on at the same hearing. Should an appeal be filed challenging a denial of a cannabis use permit for an Existing Licensee located in the Capay Valley, this will have the effect of staying the actions on all cannabis use permits for Existing Licensees in the Capay Valley. The stay will extend through the end of the County’s appeal process, but would not extend through any related litigation. Should an appeal be filed challenging an approval of a cannabis use permit for an Existing Licensee located in the Capay Valley, this will not result in a stay on the actions on all cannabis use permits for Existing Licensees in the Capay Valley.
The Director is authorized to make administrative policies and procedures consistent with this article concerning applications, the application process, the information required of applicants, application procedures, and the administrative process and procedures to be used and followed in the application and hearing process. The Director or appropriate County staff shall review, verify, and investigate all information in the application and prepare a report for the decision-making body incorporating the findings of the investigation including, but not limited to, the suitability of the proposed location and the applicant’s compliance with the requirements of this article.
B. Application requirements. Applicants for Cannabis Use Permits shall submit the following application information:
1. State Licensing Application. The applicant shall submit a copy of all information required by/submitted to the State for a Cannabis License.
2. County Licensing Application. The applicant shall submit a copy of all information required by/submitted to the County for a Cannabis License and County Business License, if applicable.
3. Cannabis Use Permit Application. The applicant shall submit all information required by Section 8-2.209, Application Requirements, of the County Zoning Regulations. These are minimum requirements and additional application materials will be required. Applications shall be processed pursuant to Section 8-2.210, Discretionary Review and Determining Completeness of Development Applications, and Section 8-2.212, Approval of Projects, of the County Zoning Regulations.
4. Detailed Description of Proposed Operation. The applicant must submit a detailed description of the proposed cannabis activity(ies) of sufficient detail to allow for an analysis of the merits of the project and CEQA compliance.
5. Pre-Application. All Existing Licensees outside of the Capay Valley seeking non-cultivation license types shall participate in a Cannabis Pre-Application Review process. Existing licensees in the Capay Valley, and those outside of the Capay Valley seeking only cultivation license types are encouraged to apply for Pre-Application Review, but not required. The purpose of the Cannabis Pre-Application Review is to determine demand for limited non-cultivation license types, allow for Tribal Cultural Resources assessment, and identify potential constraints for relocation sites (e.g., buffers, over-concentration, electrical supply, etc.).
C. Site specific information. In addition to the standard information required by the County as described in the application for a Use Permit, the following site-specific information may be required for Cannabis Use Permit applications:
1. Cultural Resource Survey (this survey is not required if minor or no site grading or soil disturbance will occur).
2. Biological Resource Survey
3. Phase One Environmental Site Assessment
4. Scaled Depiction of Applicable Setbacks and Cannabis Buffers
5. Other – as identified by the County
D. Operational information required
1. 24-hour Good Neighbor Contact
2. Odor Control Plan
3. Security Plan
4. Other – As identified by the County
E. Payment of monetary or other obligations required. Any monetary or other obligations of the applicant or property owner to the County must be paid prior to processing, construction, amendment, renewal, extension, or operation (as applicable), or acceptable alternative arrangements made. This shall include all application fees including fees for technical experts, special studies, and CEQA compliance, license fees, cannabis taxes, property taxes or other property obligations, Development Agreement public benefit obligations, penalties and/or fines.
F. Misrepresentations. The provision of false or misleading information in the permitting process will result in rejection of the application and/or revocation of any issued permit/approval.
G. Code compliance (general). The County may refuse to issue any permits, licenses, or approvals where the property upon which the use or structure is proposed is in violation of the County Code.
H. Application completeness.
1. Pursuant to Section 65943 of the California Government Code, the County shall determine in writing whether an application is complete within 30 days of acceptance for filing. While conducting this review for completeness, the staff shall be alert for environmental issues that might require preparation of an EIR or that may require additional explanation by the applicant (CEQA Guidelines Section 15060).
2. If the application is found to be incomplete within the 30-day review period, a letter shall be immediately sent to the applicant describing why the application is incomplete and identifying the actions necessary to ensure completeness. The applicant has thirty (30) days thereafter to provide the requested information and the County has 15 days from receipt of such information to determine whether the application as amended is complete. If the application is again determined to be incomplete, the applicant shall be provided with immediate written notice and one final 15-day period to submit identified information. The County shall determine in writing if the final submittal constitutes a complete application. If the application remains incomplete, it shall be deemed withdrawn, and a notice of the withdrawal shall be sent to the applicant. The applicant may appeal the final determination of completeness to the Planning Commission pursuant to Section 8-2.225.
I. Application Processing in Capay Valley. All cannabis use permits for qualified Existing Licensees in the Capay Valley shall be processed as a batch and acted on at the same hearing.
J. Development agreements.
1. Early Implementation Development Agreements – This term refers to Development Agreements executed by the County with cannabis cultivators prior to the effective date of this article, pursuant to the Early Implementation Development Agreements Policy approved by the County Board of Supervisors on March 6, 2018. Any application under the Early Implementation Development Agreements policy for which a CEQA environmental impact report, mitigated negative declaration, or negative declaration has been released for public comment prior to the effective date of this article shall be exempt, with the exception of an applicant that applies for a use permit under the provisions set forth in Section 8-2.1404(B). At the conclusion of the term of the agreement, or at any point after adoption of this article that a substantive amendment of an executed Early Implementation Development Agreement is sought, operations subject to such agreements shall be brought into compliance with this article.
a. If an early Development Agreement applicant seeks a use permit in compliance with Section 8-2.1404(B), the Early Implementation Development Agreement application shall be considered null and void.
2. Development agreements – Applicants for Cannabis Use Permits may also request consideration of a Development Agreement pursuant to Chapter 5, Development Agreements, of Title 8 of the YCC.
3. Standard Terms and Requirements – Development Agreements for Cannabis Use Permits shall utilize standard terms and conditions developed by the County, and adapted for the particular purpose.
4. Voluntary Commitment to Public Benefit Beyond Cannabis Tax – Development Agreements for Cannabis Use Permits shall include public benefits beyond those attainable through project conditions or CEQA mitigation measures, and in addition to payment of the Cannabis tax. Acceptable benefits may include:
a. Unrestricted Monetary Contribution
b. Community infrastructure Funding (e.g. public park)
c. Local Preference Hiring
d. Identification of Location as Place of Business for Purposes of Sale Tax Collection
e. Contributions to Funding for New Farmers
K. CEQA Compliance. Cannabis uses that are proposed pursuant to this article shall be evaluated for CEQA coverage pursuant to the certified Programmatic Environmental Impact Report prepared for the Yolo County Cannabis Land Use Ordinance pursuant to Sections 15162, 15168(c), 15183, and/or other applicable sections of the State CEQA Guidelines.
L. Public noticing. Public notice shall comply with Section 8-2.211, Public Notice of the County Zoning Regulations, except that notification for public meetings and hearings shall extend 1,000 feet from the property line boundary of the project site.
(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)