Consent-Community Services # 7.
Board of Supervisors
Community Development
- Meeting Date:
- 11/21/2023
- Brief Title
- Minor CLUO Amendments
From:
Leslie Lindbo, Director, Department of Community Services
Staff Contact:
Jeff Anderson, Senior Planner, Department of Community Services, x8043
Supervisorial District Impact:
Countywide
Subject
Waive second reading and adopt an ordinance entitled "An Ordinance of the Board of Supervisors of the County of Yolo Extending Certain Use Permit Timeframes in the Cannabis Land Use Ordinance." Determine the amendments are subject to the Environmental Impact Report (SCH #2018082055) certified on September 14, 2021, and that no further review is required pursuant to Sections 15168(c), 15162, and 15183 of the California Environmental Quality Act (CEQA) Guidelines. (No general fund impact) (Lindbo/Anderson)
Recommended Action
- Waive second reading and adopt an ordinance entitled "An Ordinance of the Board of Supervisors of the County of Yolo Extending Certain Use Permit Timeframes in the Cannabis Land Use Ordinance;" and
- Determine the amendments are subject to the Environmental Impact Report (SCH#2018082055) certified on September 14, 2021, and that no further environmental review is required pursuant to Sections 15168(c), and 15162, and 15183 of the California Environmental Quality Act (CEQA) Guidelines.
Strategic Plan Goal(s)
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Safe Communities |
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Flourishing Agriculture |
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Robust Economy |
Reason for Recommended Action/Background
As explained in the November 7 staff report for the introduction of this ordinance, there are three main components to the proposed CLUO amendments:
- Minor Clean-Up to Comport with Licensing Ordinance: Replace citations to the Marijuana Cultivation Ordinance (formerly Chapter 5 of Title 20 of the Yolo County Code) in three definitions in Section 8-2.1403 and one citation in Section 8-2.1408. The Marijuana Cultivation Ordinance was amended, renamed, and moved to Chapter 4 of Title 12 (now the Cannabis Licensing Ordinance) on November 22, 2022.
- Path to Use Permit for Early Development Agreement Applicant: Add new licensee category, Category 6, in Section 8-2.1404(B), to allow the one applicant that applied for an Early Development Agreement Application and has undergone CEQA environmental review to transition their application to instead seek a Use Permit by December 15, 2023. By allowing the applicant to seek a Use Permit, the site and project operations would be required to comply with the CLUO regulations and performance standards if the project is approved. Should the applicant apply for a Use Permit by December 15, 2023, the Early Implementation Development Agreement application will be considered null and void.
- Extension of License Term by One-Year for Applicants with a Pending Use Permit Application: Extend the licensing term by one year for existing licensees with a pending Use Permit application. The CLUO currently allows existing Category 1 and 2 licensees with a Use Permit application under review to continue cultivating under a validly issued license through March 21, 2024. However, many of the applications have taken longer than originally anticipated to process and some of these applications will not be decided by the Planning Commission by March 31, 2024. The proposed amendment would allow these licensees to continue to seek license renewal through March 31, 2025, with the expectation that they will receive a decision by the Planning Commission well before then. Similarly, Category 4 licensees must submit a Use Permit application by December 15, 2023, if they intend to continue cultivating, and they can continue cultivating through March 31, 2025, while the Use Permit is under review. The proposed amendment would extend the timeline these licensees can continue cultivating by one year, to March 31, 2026. Staff expects that most, if not all, existing licensees that apply for a Use Permit by December 15, 2023, will receive a decision on their application by March 31, 2025, but this extension would provide assurances that they can continue cultivating in the event of unforeseen permit processing delays.
Collaborations (including Board advisory groups and external partner agencies)
Office of County Counsel; Division of Environmental Health-Cannabis Unit.
Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 0
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 0
- On-going commitment (annual cost):
- $ 0
Source of Funds for this Expenditure
- General Fund
- $0
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Stephanie Cormier | Stephanie Cormier | 11/08/2023 01:37 PM |
| County Counsel | Hope Welton | 11/09/2023 09:58 AM |
| Eric May | Eric May | 11/13/2023 09:25 AM |
| Berenice Espitia | Berenice Espitia | 11/13/2023 09:31 AM |
- Form Started By:
- Jeff Anderson
- Started On:
- 11/07/2023 05:11 PM
- Final Approval Date:
- 11/13/2023