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  Time Set   # 37.       
  
Meeting Date: 12/07/2021  
Brief Title:    Title 8 Zoning Code Amendments related to adoption of the Cannabis Land Use Ordinance
From: Taro Echiburu, Director, Department of Community Services
Staff Contact: Jeff Anderson, Senior Planner, Department of Community Services, x8043

Subject
Hold a public hearing to consider adoption of an ordinance amending Chapter 2 of Title 8, Land Development and Zoning, of the Yolo County Code, conforming various provisions with the recently adopted Cannabis Land Use Ordinance (CLUO) and amending the CLUO in minor ways, including to extend the initial application period. The Environmental Impact Report certified for the CLUO (SCH#2018082055) covers the proposed changes and a Notice of Determination will be filed upon ordinance approval. (No general fund impact) (Echiburu/Anderson)
Recommended Action
  1. Hold a public hearing and receive a staff presentation on the proposed ordinance; 
     
  2. Determine that the previously certified Environmental Impact Report (SCH#2018082055) is the adequate level of review under the California Environmental Quality Act (CEQA) and CEQA Guidelines; and 
     
  3. Adopt the ordinance amending Title 8 of the Yolo County Code (Attachment A).  
Strategic Plan Goal(s)
Flourishing Agriculture
Robust Economy
Reason for Recommended Action/Background
On September 14, 2021, the Board of Supervisors took a series of actions to adopt the Cannabis Land Use Ordinance (CLUO), which included direction to staff to prepare certain amendments to the County's Zoning Regulations to add allowed cannabis use types to the various zoning district tables of permit and development requirements in Chapter 2 of Title 8, Yolo County Code. (Item 7.b. on Minute Order 21-134). These amendments provide consistency between the newly adopted CLUO, as set forth in Article 14, and Articles 3 (Agricultural Zones), 4 (Special Agricultural Regulations), 5 (Residential Zones), 6 (Commercial Zones), 7 (Industrial Zones), and 8 (Public and Open Space Zones) of Chapter 2.

Staff has also proposed several minor text amendments to the CLUO, which are summarized below, and included in Attachment B.

8-2.1404 Applicability: The proposed changes to 8-2.1404(B) modify the timeframe for accepting initial cannabis use permit applications from January 3, 2022-June 30, 2022 to March 1, 2022-December 16, 2022, and add a mandatory pre-application review period from January 3, 2022-January 31, 2022 for existing licensees outside of the Capay Valley seeking non-cultivation license types. The amended use permit application timeframe will provide additional time for applicants to apply while litigation is ongoing, extending the application period beyond the anticipated resolution of the lawsuit. The pre-application process will provide an opportunity for existing licensees to identify which license types they intend to apply for, which will inform staff of the demand for limited license types. Staff will return to the Board in February 2022 for direction on selecting the allocation method for limited license types. See Attachment C for revised CLUO implementation timeline. 

8-2.1407 Table of Cannabis Development Regulations, Note 1: This addition clarifies that persons cultivating personal cannabis must live in a residence on the parcel on which the cultivation occurs.

8-2.1408 Specific Use Requirements and Performance Standards
 
The changes to the following sections are necessary to conform the state’s recently consolidated Department of Cannabis Control (DCC) Regulations:
               
                8-2.1408(A)- Agricultural Applications
                8-2.1408(J)- Drainage and Storm Water Discharge
                8-2.1408(Z)- Lighting
                8-2.1408(LL)- Security
                8-2.1408(SS)- Waste Management
                8-2.1408(VV)- Water Supply/Use

8-2.1408(E)- Buffers: This change implements Minute Order No. 21-92 (June 29, 2021) by adding note 9 to the buffer table, which clarifies that the requirement for a 100-foot buffer between indoor cannabis uses and identified sensitive land uses applies to any indoor cannabis structure for which a building permit was issued after the effective date of the CLUO whether undertaken by existing, new, or relocated licensees, and allows for requests for buffer reductions up to ten percent.

8-2.1408(O)- Energy Use: This change deletes the superfluous requirement that licensees satisfy the specific renewable energy requirements of the DCC Regulations. The CLUO already contains a provision that licensees achieve VCEA ultra green or equivalent standard (100 percent renewable and 100 percent carbon-free) which goes above and beyond the DCC requirements.

8-2.1408(W)- Hazardous Materials: This change deletes a redundant requirement that licensees demonstrate compliance with the Cannabis Cultivation Policy of the State Water Resources Control Board. Demonstration of compliance with the Cannabis Cultivation Policy is obtained through submission of evidence of enrollment in an Order (Notice of Applicability) or Waiver of Waste Discharge Requirements (Notice of Non-Applicability), and is already referenced by the specific DCC Regulation in Section 8-2.1408(J)- Drainage and Storm Water Discharge.

8-2.1408(DD)- Odor Control: These changes clarify that applicants should submit all required odor information as part of the required Odor Control Plan and deletes the requirement that Odor Control Plans are subject to mandatory regular monitoring and reporting. The requirement for regular monitoring and reporting is not necessary for every project and should be based on site specific conditions. Additionally, permittees are required to report annually on compliance with use permit requirements, which will include response to odor complaints, and can include monitoring information if merited. If the Cannabis Unit identifies an exceedance of the odor standard (less than 7:1 D/T), the permittee will be required to address the source of the problem, which may include revising the methods, procedures, and engineering controls for reducing and/or controlling odors. Additionally, the numeration of the last paragraph in 8-2.1408(DD)(2) was inadvertantly left off in the adopted version of the CLUO, so "d" was added to provide clarity. 

8-2.1408(GG)- Personal Use: This change adds a citation to the Cannabis Licensing Ordinance which will be codified in Chapter 4 of Title 12 of the Yolo County Code.

8-2.1408(KK)- Screening: This change deletes the requirement that fencing, walls, hedges, and trees meet all of the requirements identified for residential properties in Section 8-2.1005 of the County Zoning Regulations, which in its entirety is not applicable, and adds the relevant language of 8-2.1005 that limits fence height to seven feet with the ability to exceed seven feet if certain findings are met. Additionally, standards are added to require fencing be opaque and durable, allow linear barbed wire on a case-by-case basis, and prohibit use of razor wire.  

8-2.1410 Application Submittal and Processing: The proposed change to 8-2.1408(B)(5) deletes the voluntary requirement for a Pre-Application Review and makes it mandatory for existing licensees outside of the Capay Valley seeking non-cultivation license types. This will allow staff to determine the demand for non-cultivation license types, allow for Tribal Cultural Resoures assessment, and identify potential constraints for applicants that need to relocate (e.g., buffers, over-concentration, electrical supply, etc.).

The proposed change to 8-2.1410(J)(1) moves the last sentence up to the second sentence in the same paragraph. The new placement of this sentence makes it clear that operations subject to Early Implementation Development Agreements shall be brought into compliance with the CLUO at the conclusion of the term of the agreement. 

Staff recommends that the Board adopt the Ordinance to include the foregoing changes in the County Code. Staff further recommends the Board of Supervisors determine that the previously certified EIR is the appropriate level of environmental review under CEQA. The various changes described above are very minor and do not require any revisions to the EIR, do not have any new or different environmental consequences, and are within the scope of the analysis in the EIR. For these reasons, there is no legal need to prepare an addendum or supplemental/subsequent EIR pursuant to Public Resources Code section 21166 or CEQA Guidelines section 15162. 
Collaborations (including Board advisory groups and external partner agencies)
Office of the County Counsel

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
Att. A. Ordinance No. 1545
Att. B. Changes to CLUO
Att. C. CLUO Implementation Timeline

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Form Review
Inbox Reviewed By Date
Leslie Lindbo Leslie Lindbo 12/01/2021 12:30 PM
Taro Echiburu Taro Echiburu 12/01/2021 01:32 PM
County Counsel Phil Pogledich 12/02/2021 09:20 AM
Madison York Madison York 12/02/2021 09:27 AM
Elisa Sabatini Elisa Sabatini 12/02/2021 09:54 AM
Phil Pogledich Phil Pogledich 12/02/2021 10:06 AM
Form Started By: Jeff Anderson Started On: 11/22/2021 12:57 PM
Final Approval Date: 12/02/2021

    

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