Time Set 11.
Planning Commission
- Meeting Date:
- 11/14/2024
Information
SUBJECT
ZF #2023-044: Consider a request for a Cannabis Use Permit to allow issuance of cannabis cultivation licenses for up to two acres of canopy each for colocation of S&R Pharms, LLC, and Apex Agriculture, LLC, for a total of four acres of cannabis canopy, issuance of self-distribution licenses, and determine the project falls within the scope of the previously certified Yolo County Cannabis Land Use Ordinance Environmental Impact Report and no further environmental review is required under the California Environmental Quality Act (CEQA). The project is located on a 40-acre agriculturally zoned parcel at 20750 County Road 103, adjacent to the City of Woodland and immediately south of the Woodland Regional Park (APN: 042-030-006). (Applicant: Ross Haley/Property Owner: Maupin Ranch Properties, LLC) (Planner: Tracy Gonzalez)
SUMMARY
| FILE # 2023-044: S&R Pharms/Apex Agriculture Cannabis Use Permit | |
| APPLICANT:
Ross Haley
S&R Pharms, LLC/Apex Agriculture, LLC 3705 Seaport Blvd, STE 120 West Sacramento, CA 95961 |
OWNER:
Maupin Ranch Properties, LLC
4441 Granite Drive, STE 102 Rocklin, CA 95677 |
|
LOCATION: 20750 County Road 103, Woodland, CA 95776 (APN: 042-030-006)
GENERAL PLAN: Agriculture (AG)
ZONING: Agricultural Intensive (A-N) SUPERVISORIAL DISTRICT: 3 (Supervisor Mary Vixie Sandy) PUBLIC HEARING NOTICE: Neighbor notice sent on 11/01/2024 (published in Davis Enterprise on 11/03/2024)
|
SOILS: Capay silty clay, 0 percent slopes (Class II); Pescadero silty clay, saline-alkali (Class IV); Rincon silty clay loam (Class II); Sycamore silty clay loam, drained, 0 percent slopes (Class I).
FMMP: Prime, Farmland of Local Importance, and Other Land
WILLIAMSON ACT: No
FLOOD ZONE: A, X FIRE SEVERITY ZONE: Non-Wildland/Non-Urban |
| ENVIRONMENTAL DETERMINATION: Cannabis Land Use Ordinance Environmental Impact Report (SCH# 2018082055) certified September 14, 2021 (Resolution 21-111). | |
RECOMMENDED ACTION
That the Planning Commission:
- Receive a staff presentation, hold a public hearing, and receive comments on the colocated S&R Pharms, LLC / Apex Agriculture, LLC, Cannabis Use Permit request;
- Determine the project is consistent with the Cannabis Land Use Ordinance Environmental Impact Report (SCH #2018082055), certified by the Board of Supervisors on September 14, 2021 (Resolution 21-111), and determine that no further environmental review is needed pursuant to Sections 15168(c), 15162, and 15183 of the California Environmental Quality Act (CEQA) Guidelines, and approve the Finding of CEQA Compliance (Attachment C);
- Adopt the Findings (Attachment D) in support of approval of the project;
- Approve the Cannabis Use Permit subject to, and as modified by, the Conditions of Approval (Attachment E); and
- Authorize the project applicants to apply for issuance of cannabis cultivation licenses to cultivate up to two acres of canopy each, and self-distribution licenses, for S&R Pharms, LLC, and Apex Agriculture, LLC.
REASONS FOR RECOMMENDED ACTIONS/BACKGROUND
The proposed Cannabis Use Permit, if approved, will contain an extensive set of conditions that will regulate the use of the property to conduct cannabis cultivation and self-distribution uses. The project includes a request to expand the existing cannabis canopy to two acres for both licenses, for a total of four acres of cannabis canopy onsite. The allowance of up to two acres of cannabis canopy each for S&R Pharms and Apex Agriculture (for a total of four acres) will provide additional business opportunity for the operators to continue to compete in the regulated cannabis industry. The self-distribution licenses (non-allocated license type) will contribute to the growth of the cannabis market in Yolo County by allowing each colocated operator to transport only their cultivated cannabis products to off-site manufacturing or distribution premises. The project, as conditioned, is in compliance with the Countywide General Plan, Cannabis Land Use Ordinance, and Yolo County Code.
SUMMARY
The project site is a 40-acre agriculturally zoned parcel, located immediately south of the City of Woodland, and adjacent to Willow Slough. S&R Pharms, LLC, and Apex Agriculture, LLC, are colocated, meaning they are separately licensed cannabis business entities that operate on the same property and share infrastructure, security, and other operational components. S&R Pharms has been cultivating cannabis annually under validly issued County and State licenses since 2017, and Apex Agriculture cultivated under County and State licenses from 2017 to 2021, but let their State license expire and has been non-operational at the project site since 2022. S&R Pharms has maintained State and County licenses to allow up to one-acre of cannabis canopy, while Apex Agriculture had previously held a license that allowed year-round outdoor cultivation up to one acre, but did not seek renewal after 2021. Apex Agriculture seeks to reinstate or apply for a new State license if the use permit is approved.
The project site is generally flat land and surrounded by agricultural uses to the east, south, and west (row crops and orchards), while Woodland Regional Park is located immediately north of the site, and Willow Slough borders the site to the east and south. The project site is also southeast of the Spring Lake community within the City of Woodland. Cannabis related uses are located within a seven-acre fenced area in the center of the project site. The project site currently consists of approximately 34,020 SF of outdoor cannabis canopy in eleven hoop houses, two greenhouses (approximately 9,504 SF), an existing 400 SF office trailer, a graveled parking area, an irrigation well, eleven water tanks for irrigation of various sizes, a composting area, and several storage containers used for cannabis storage and processing activities. The remaining approximately 33 acres of the property consist of disturbed agricultural land, and native trees and grasses. The property is served by an existing onsite well and septic system. Access to the property is via an existing 20-foot-wide access easement (gravel road) over APN 042-030-026 from County Road 103 to the east of the parcel. Cannabis waste would be composted on-site and/or disposed of in compliance with county and state regulations. As required by the CLUO, the applicant has prepared a security plan for the project site. The operation will maintain adequate utilities, access roads, drainage, and sanitation infrastructure in line with County and State regulations, standards, and specifications. All exterior lighting is required to be full cut-off, shielded, and downward facing to prevent spill over onto other properties, structures, or the night sky.
S&R Pharms is seeking to obtain a cannabis cultivation license for an additional acre of cannabis canopy (for a total of two acres of canopy), and the issuance of a self-distribution license (non-allocated license type), which would allow the business to transport only the goods they cultivate to off-site manufacturing or distribution premises. The additional one acre of canopy would be located east of the existing outdoor cultivation area. S&R Pharms also proposes to construct a 2,100 SF processing building, which will contain a restroom for employee use, to be shared with Apex Agriculture. Apex Agriculture is seeking to obtain a cannabis cultivation license to cultivate up to two acres of cannabis canopy and issuance of a self-distribution license. Apex Agriculture proposes to reconstruct 12 previously existing hoop houses in their previous outdoor cultivation area and proposes to add up to one acre of outdoor cultivation canopy just south of their previous outdoor cultivation area.
S&R Pharms and Apex Agriculture, combined, currently employ four full time employees, including one facility manager, and approximately five to ten farm labor contractors to engage in cultivation activities such as drying and trimming. The contract laborers are typically onsite twice per week for the month of June, and three times per week from August through November. At full expansion, the number of contract laborers will increase during the months mentioned above from ten to fifteen persons onsite. S&R Pharms and Apex Agriculture currently generate one to two deliveries of materials and supplies per month and approximately one to two trips per month for pickup or transfers of harvested product. The operators do not anticipate a change in frequency of such trips at full expansion if a self-distribution license is approved for each licensee. Currently, approximately three round trips occur daily for full time employees and between eight to twelve daily round trips for seasonal contract workers per month during harvest season. The proposed increase in seasonal contract workers is not anticipated to increase the number of daily trips during June for deliveries and pick/transfers of harvest materials, or from August through September.
A portion of the project site along Willow Slough and southeast of the immature plant greenhouses is designated as FEMA Zone A, an area with a one percent annual chance of flooding, otherwise referred to as a 100-year floodplain. Any new construction proposed in this area will be required to comply with the County’s Floodplain Ordinance and be elevated at least one foot above the base flood elevation. The rest of the property is located in FEMA Zone X, which is considered a minimal flood hazard area. The proposed 2,100 SF processing building and the reconstruction of the twelve hoop houses will be located outside of Flood Zone A.
S&R Pharms is seeking to obtain a cannabis cultivation license for an additional acre of cannabis canopy (for a total of two acres of canopy), and the issuance of a self-distribution license (non-allocated license type), which would allow the business to transport only the goods they cultivate to off-site manufacturing or distribution premises. The additional one acre of canopy would be located east of the existing outdoor cultivation area. S&R Pharms also proposes to construct a 2,100 SF processing building, which will contain a restroom for employee use, to be shared with Apex Agriculture. Apex Agriculture is seeking to obtain a cannabis cultivation license to cultivate up to two acres of cannabis canopy and issuance of a self-distribution license. Apex Agriculture proposes to reconstruct 12 previously existing hoop houses in their previous outdoor cultivation area and proposes to add up to one acre of outdoor cultivation canopy just south of their previous outdoor cultivation area.
S&R Pharms and Apex Agriculture, combined, currently employ four full time employees, including one facility manager, and approximately five to ten farm labor contractors to engage in cultivation activities such as drying and trimming. The contract laborers are typically onsite twice per week for the month of June, and three times per week from August through November. At full expansion, the number of contract laborers will increase during the months mentioned above from ten to fifteen persons onsite. S&R Pharms and Apex Agriculture currently generate one to two deliveries of materials and supplies per month and approximately one to two trips per month for pickup or transfers of harvested product. The operators do not anticipate a change in frequency of such trips at full expansion if a self-distribution license is approved for each licensee. Currently, approximately three round trips occur daily for full time employees and between eight to twelve daily round trips for seasonal contract workers per month during harvest season. The proposed increase in seasonal contract workers is not anticipated to increase the number of daily trips during June for deliveries and pick/transfers of harvest materials, or from August through September.
A portion of the project site along Willow Slough and southeast of the immature plant greenhouses is designated as FEMA Zone A, an area with a one percent annual chance of flooding, otherwise referred to as a 100-year floodplain. Any new construction proposed in this area will be required to comply with the County’s Floodplain Ordinance and be elevated at least one foot above the base flood elevation. The rest of the property is located in FEMA Zone X, which is considered a minimal flood hazard area. The proposed 2,100 SF processing building and the reconstruction of the twelve hoop houses will be located outside of Flood Zone A.
ANALYSIS
The proposed project has been reviewed for consistency with the Countywide General Plan and the County Zoning Regulations, including the Cannabis Land Use Ordinance (CLUO). The proposal is also consistent with the CLUO Environmental Impact Report, and no further environmental review is required under the California Environmental Quality Act. As explained below, the project, as conditioned, is consistent with all applicable plans, policies, and regulations.
General Plan and Zoning Consistency
The project, as conditioned, is consistent with the Countywide General Plan. The requested use is proposed on property designated as Agriculture (AG) in the Countywide General Plan. Cannabis cultivation which includes activities involving the planting, growing, harvesting, drying, during, grading, storing, and trimming of cannabis grown on site are called out as agricultural activities under the AG land use designation (Policy LU-1.1, and Table LU-4). Further, Policy AG-3.22 reads:
Based on statewide and local voter support, accept cannabis cultivation, nurseries, processing, manufacturing, retail, and microbusiness operations as a new agricultural opportunity in support of agricultural economic development, preservation of agricultural land, and creation of opportunities for new farmers. Recognize unique challenges, and competing and evolving community values, by allowing for adaptive regulatory considerations over time.
The project furthers policies in the Countywide General Plan that seek to promote a healthy and competitive farm economy to expand the County’s agricultural base, including Policy AG-3.2, which encourages processing on agricultural land subject to appropriate design review and development standards, and Policy AG-3.12 that promotes marketplace-initiated conversion from lower to higher value-added crops and agricultural commodities. The project, when considered as a component of the County’s cannabis industry as a whole, furthers Policy AG-5.1 which promotes markets for locally and regionally grown and/or prepared food and other products and services.
The subject property is zoned Agricultural Intensive (A-N). Pursuant to Article 3, of Chapter 2, of Title 8 of the Yolo County Code, cannabis cultivation and self-distribution are allowed in the A-N zone upon issuance of a Cannabis Use Permit. The project meets the development requirements and setbacks prescribed for the A-N zone.
CLUO Consistency
As part of the application review process, staff conducted a thorough review of the project against the applicable provisions of the CLUO. The project, as conditioned, is determined to be in compliance with the CLUO. The applicable provisions of the CLUO are included as conditions of approval (Attachment E). The operators are required to submit an annual report on July 1 of each year starting the first July in the year after permit issuance documenting compliance with the Cannabis Use Permit requirements.
Project Design and Operation
As described above, the project involves the expansion of cannabis cultivation canopy from one acre to two acres for S&R Pharms, utilizing both outdoor and indoor (mixed-light greenhouses) methods. The project also proposes the expansion of cannabis cultivation canopy for up to two acres, for Apex Agriculture, utilizing outdoor cultivation methods (hoop houses), for a combined total of four acres of cannabis canopy at the project site. The project site is served by PG&E and the project is conditioned to achieve Valley Clean Energy ultra-green or equivalent standard (100 percent renewable and 100 percent carbon-free) within six months of project approval. The project is also conditioned to require the use of LED lighting or equivalent or more efficient technology. Indoor lighting is required to be fully controlled so that minimal or no light escapes. Outdoor lighting is required to be full cut-off, shielded, and downward facing so it does not spill over onto other properties, structures, or the night sky.
The CLUO addresses odor impacts through limiting the location of cannabis uses, and establishing buffers for outdoor cannabis uses, odor control requirements, and enforcement procedures. However, while these measures may minimize the likelihood of nuisance odors, the potential for odors to occur remains and was considered a significant and unavoidable impact in the CLUO EIR. The applicant submitted an odor control plan that describes the odor emitting activities and the administrative and passive controls to reduce and control odors to the greatest extent possible. If odor nuisances are verified pursuant to the enforcement procedure set forth in the CLUO, the operator may employ active controls, such as odor neutralizers for the outdoor canopy and carbon filtration systems for the processing building, as well as passive controls such as additional vegetation barriers, relocation of the outdoor grow area, or different plant strains to minimize the potential for nuisances. The odor control plan identified that typical winds are expected to blow mainly from the southwest with a secondary component from the north. Although the winds shift during the winter and fall seasons, there are no homes within the vicinity of the project site that may be affected by potential odors.
The project relies on groundwater from an onsite well for cultivation and ancillary water needs, as well as eleven water storage tanks throughout the site of various sizes. The applicant estimates that approximately 4-acre feet of water per year would be used upon expansion of the project for a total of four acres of canopy. The CLUO EIR analyzed groundwater that would be used for cannabis crops and compared that to average groundwater use for other non-cannabis crops. The analysis demonstrated that the amount of groundwater used for cannabis activities under each of the CEQA Alternatives would be similar to the amount used for other crops likely to be grown on the property in the absence of contemplated cannabis uses. The high end of the analysis estimated the cumulative use of all cannabis operations in the County could reach 424-acre feet per year, which equates to approximately the average groundwater used by an orchard of about 131 acres.
Site Setting
The CLUO addresses odor impacts through limiting the location of cannabis uses, and establishing buffers for outdoor cannabis uses, odor control requirements, and enforcement procedures. However, while these measures may minimize the likelihood of nuisance odors, the potential for odors to occur remains and was considered a significant and unavoidable impact in the CLUO EIR. The applicant submitted an odor control plan that describes the odor emitting activities and the administrative and passive controls to reduce and control odors to the greatest extent possible. If odor nuisances are verified pursuant to the enforcement procedure set forth in the CLUO, the operator may employ active controls, such as odor neutralizers for the outdoor canopy and carbon filtration systems for the processing building, as well as passive controls such as additional vegetation barriers, relocation of the outdoor grow area, or different plant strains to minimize the potential for nuisances. The odor control plan identified that typical winds are expected to blow mainly from the southwest with a secondary component from the north. Although the winds shift during the winter and fall seasons, there are no homes within the vicinity of the project site that may be affected by potential odors.
The project relies on groundwater from an onsite well for cultivation and ancillary water needs, as well as eleven water storage tanks throughout the site of various sizes. The applicant estimates that approximately 4-acre feet of water per year would be used upon expansion of the project for a total of four acres of canopy. The CLUO EIR analyzed groundwater that would be used for cannabis crops and compared that to average groundwater use for other non-cannabis crops. The analysis demonstrated that the amount of groundwater used for cannabis activities under each of the CEQA Alternatives would be similar to the amount used for other crops likely to be grown on the property in the absence of contemplated cannabis uses. The high end of the analysis estimated the cumulative use of all cannabis operations in the County could reach 424-acre feet per year, which equates to approximately the average groundwater used by an orchard of about 131 acres.
Cannabis cultivation and associated uses, such as onsite processing, are permitted in agricultural zones with a Cannabis Use Permit. The project site is located in an agriculturally zoned area, located immediately south and east of the City of Woodland. The cannabis activities currently occupy approximately seven acres of the site, and the remaining ±33 acres are disturbed agricultural land and/or undeveloped open space. The project site where the cultivation area will be located is generally flat, and the parcels to the east, south, and west are currently in agricultural production (e.g., row crops and orchards), while Woodland Regional Park is located north of the site, and Willow Slough borders the site to the east and south. The Spring Lake community within the City of Woodland, northwest of the project site, is approximately 1,961 feet from the outdoor cultivation area.
The cultivation area is located near the center of the property, and is not visible from County Road 103 to the east. Site infrastructure, including hoop houses and greenhouses, are visible from County Road 102, which is approximately 1,700 feet to the west of the outdoor cultivation area. The outdoor cultivation areas are also screened by a seven-foot-tall chain link fence with white privacy slats and 18 inches of barbed wire. The same type of fencing is installed around the immature plant greenhouses and administrative hold area to the southwest of the site with tan privacy slats and 18 inches of barbed wire. Additional fencing around the property includes six-foot-tall fences with wooden posts and wire. The proposed outdoor expansion areas to the east and south of the existing outdoor cultivation area will be contained within the existing seven-foot-tall fence surrounding the perimeter of the site. The outdoor cultivation expansion areas and new proposed structures will maintain the 100-foot setback from Willow Slough to the east and south per Yolo County General Plan Policy CO-2.22 to protect riparian areas.
The operator has prepared a security plan and will implement measures to secure the property, such as security cameras, motion detectors, alarms, and administrative controls. The operator also is required to provide property owners within 1,000 feet of the property line with an operable method of communication with a local or on-site responsible party having prompt access to the site, operations, and activities. This requirement facilitates communication between neighbors related to conditions at the site and operation of the activities.
The cultivation area is located near the center of the property, and is not visible from County Road 103 to the east. Site infrastructure, including hoop houses and greenhouses, are visible from County Road 102, which is approximately 1,700 feet to the west of the outdoor cultivation area. The outdoor cultivation areas are also screened by a seven-foot-tall chain link fence with white privacy slats and 18 inches of barbed wire. The same type of fencing is installed around the immature plant greenhouses and administrative hold area to the southwest of the site with tan privacy slats and 18 inches of barbed wire. Additional fencing around the property includes six-foot-tall fences with wooden posts and wire. The proposed outdoor expansion areas to the east and south of the existing outdoor cultivation area will be contained within the existing seven-foot-tall fence surrounding the perimeter of the site. The outdoor cultivation expansion areas and new proposed structures will maintain the 100-foot setback from Willow Slough to the east and south per Yolo County General Plan Policy CO-2.22 to protect riparian areas.
The operator has prepared a security plan and will implement measures to secure the property, such as security cameras, motion detectors, alarms, and administrative controls. The operator also is required to provide property owners within 1,000 feet of the property line with an operable method of communication with a local or on-site responsible party having prompt access to the site, operations, and activities. This requirement facilitates communication between neighbors related to conditions at the site and operation of the activities.
Buffers and Setbacks
All existing structures, including the existing greenhouses, office trailer, and shipping containers used for cannabis activities, meet the setback requirements for the A-N zone. Building setbacks for new structures shown on the site plan (e.g., 2,100 SF processing building) in Attachment B, meet the setback requirements for new structures in the A-N zone and will be reviewed upon submission of building permit(s).
The project currently meets the buffer requirements from sensitive land uses as set forth in the CLUO. For existing licensees outside the Capay Valley, the required buffer requirement for outdoor cannabis uses from offsite individual legal residences in non-residential zones and residentially zoned land within town growth boundaries and cities is 600 feet. Buffer requirements from outdoor cannabis to the parcel boundary of a public park is 600 feet for existing licensees. S&R Pharms and Apex Agriculture currently meet, and will continue to maintain, all CLUO buffer requirements from sensitive land uses. The nearest agricultural homesite (to the east) is approximately 3,292 feet from the existing outdoor cultivation area and the nearest residential homesite within the City of Woodland (Spring Lake community to the northwest) is approximately 1,961 feet. The parcel boundary of the nearest public park (i.e., Woodland Regional Park immediately north) is approximately 640 feet from the existing outdoor cultivation area. The applicable provisions of the CLUO are included as conditions of approval.
Pursuant to Policy CO-2.22 of the Yolo County General Plan, and as codified in the CLUO and included in the Conditions of Approval, no new development requiring a building permit, including grading activities, shall be located within 100-feet of waterbodies or watercourses. The perimeter fence line around the cultivation site is approximately 100 feet from the top of the bank of Willow Slough located to the east and south of the parcel. The project is in compliance with this requirement as the proposed 2,100 SF processing building will be approximately 400 feet away from the slough, and no existing building is closer than 200 feet from the slough.
The project currently meets the buffer requirements from sensitive land uses as set forth in the CLUO. For existing licensees outside the Capay Valley, the required buffer requirement for outdoor cannabis uses from offsite individual legal residences in non-residential zones and residentially zoned land within town growth boundaries and cities is 600 feet. Buffer requirements from outdoor cannabis to the parcel boundary of a public park is 600 feet for existing licensees. S&R Pharms and Apex Agriculture currently meet, and will continue to maintain, all CLUO buffer requirements from sensitive land uses. The nearest agricultural homesite (to the east) is approximately 3,292 feet from the existing outdoor cultivation area and the nearest residential homesite within the City of Woodland (Spring Lake community to the northwest) is approximately 1,961 feet. The parcel boundary of the nearest public park (i.e., Woodland Regional Park immediately north) is approximately 640 feet from the existing outdoor cultivation area. The applicable provisions of the CLUO are included as conditions of approval.
Pursuant to Policy CO-2.22 of the Yolo County General Plan, and as codified in the CLUO and included in the Conditions of Approval, no new development requiring a building permit, including grading activities, shall be located within 100-feet of waterbodies or watercourses. The perimeter fence line around the cultivation site is approximately 100 feet from the top of the bank of Willow Slough located to the east and south of the parcel. The project is in compliance with this requirement as the proposed 2,100 SF processing building will be approximately 400 feet away from the slough, and no existing building is closer than 200 feet from the slough.
Compliance History
The Department of Community Services, Cannabis Unit, maintains compliance and complaint history dating back to 2019 when the cannabis program moved from the Agriculture Department to the Department of Community Services. The operator has not received a Notice of Violation from the Cannabis Unit. Five odor complaints (dated 9/26/2019, 9/30/2019, 10/8/2019, 10/15/2019, and 8/4/2021) were lodged against the operation with the Cannabis Unit. The two complaints received in September 2019 were within a week of each other and investigated by staff at the same time. The two complaints received in October 2019 were handled similarly due to the timeframe in which they were received. Staff were unable to validate the complaints received during their three-to-four-day investigations, which resulted in the cases being closed.
Staff coordinated with the County Department of Financial Services to produce a history of cannabis and property tax payments for the site, which verified that S&R Pharms, LLC, Apex Agriculture, LLC, and the property owner, are up to date on their property taxes and cannabis taxes. It should be noted that Apex Agriculture, LLC, is on a payment plan for property taxes for the 2019 and 2020 Tax Year.
Staff coordinated with the County Department of Financial Services to produce a history of cannabis and property tax payments for the site, which verified that S&R Pharms, LLC, Apex Agriculture, LLC, and the property owner, are up to date on their property taxes and cannabis taxes. It should be noted that Apex Agriculture, LLC, is on a payment plan for property taxes for the 2019 and 2020 Tax Year.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) REVIEW
The Cannabis Land Use Ordinance Environmental Impact Report (CLUO EIR) was prepared as a programmatic EIR for adoption of the CLUO and to support streamlined review of individual permit applications pursuant to CEQA Guidelines Sections 15168, 15162, and 15183. If the County finds that an individual project is within the scope of the CLUO EIR, its environmental impacts are adequately addressed in the CLUO EIR, and applicable mitigation measures are applied to the project, then no further environmental review is required. Staff prepared a project-specific CLUO Program EIR Checklist / Project Initial Study (Attachment C) that examines the conclusions reached in the CLUO EIR for each relevant CEQA impact category identified in the CLUO EIR and Appendix G of the CEQA Guidelines. Staff determined that the proposed project activities are within the scope of the CLUO EIR, and that no additional environmental review is required.
SUMMARY OF PUBLIC CORRESPONDENCE
A Request for Comments was distributed to reviewing agencies on April 18, 2024. Comments received from reviewing agencies were incorporated into the Conditions of Approval (Attachment E) where applicable. A Courtesy Notice was also distributed on April 18, 2023, to the Planning Division’s interested parties list and mailed to property owners within 1,000 feet of the property boundary of the subject parcel. The Courtesy Notice summarized the existing and proposed operations as provided in the application materials. Staff received one response from a nearby property representative expressing concern about odor, impacts to the conservation easement encumbering the parcels immediately south of the operation and south of Willow Slough, camping/trespassing along Willow Slough resulting in security and littering issues, and the potential contamination of Willow Slough from the cannabis compost piles located more than 100 feet to the west of the slough.
Staff also received a letter from the Yolo Land Trust detailing the elements of a conservation easement, mentioned above, located south of the project site (consisting of approximately 110 acres) to inform the cultivators of the on-going stewardship efforts that could be inadvertently affected without thoughtful planning. The operators have been made aware of the comments in both letters and have submitted a response to comments (Attachment F.4) to address the concerns and demonstrate their willingness to work with the appropriate county and state agencies to ensure that all regulatory requirements are met and that the proposed operations do not impose risk to the surrounding sensitive land uses and community, and to foster open communication with neighbors.
The project site does not fall within the comment review area of a Yolo County Citizens Advisory Committee, but the project has been reviewed by the City of Woodland (“City”) because the parcel is located adjacent to the City of Woodland. The City submitted a letter detailing their concerns with the proposal regarding the public experience at the Woodland Regional Park that may disrupt or interfere with the sensitive wildlife at the preserve. The City asked that any new construction and cultivation activities be located as far south of the northern property line of the project site to minimize visual and odor impacts. Light and glare from the operation onto the preserve is requested to be shielded in a manner to not be disruptive to sensitive wildlife, such as Tricolored Blackbirds. It is also requested that the operators coordinate with the City well in advance of harvest activities to avoid scheduling events at the preserve when odors may be at their peak and that the operators be aware of probable nests in or around the site during harvest activities if occurring between March through July. Staff encourages the applicant to coordinate with the City, to the extent feasible, to implement additional vegetative screening measures to alleviate any potential effects to the Woodland Regional park located immediately north, along County Road 25A. All screening measures must meet the requirements set forth in Section 8-2.1408(KK) of the CLUO.
The Yolo County Agricultural Commissioner’s Office submitted comments on April 25, 2024, stating no agricultural violations exist for S&R Pharms/Apex Agriculture; however, there is a minor potential for pesticide drift onto the cannabis crop via the pistachio orchard located to the west of the site. The Agricultural Commissioner also stated that the applicant will be required to renew their Operator ID (Spray Permit) through the Agriculture Department, submit monthly pesticide use reports and assure that employees who apply pesticides are trained prior to application.
The Request for Comments was sent to Yocha Dehe Wintun Nation (“Tribe”) on April 18, 2024, but no response was received by staff. A condition of approval has been added to require the operator to contact the Tribe to determine if cultural sensitivity training is necessary and/or to schedule training prior to the first construction activities requiring a building permit.
A public hearing notice was mailed to property owners within 1,000 feet on November 1, 2024, and published in the Davis Enterprise on November 3, 2024.
Staff also received a letter from the Yolo Land Trust detailing the elements of a conservation easement, mentioned above, located south of the project site (consisting of approximately 110 acres) to inform the cultivators of the on-going stewardship efforts that could be inadvertently affected without thoughtful planning. The operators have been made aware of the comments in both letters and have submitted a response to comments (Attachment F.4) to address the concerns and demonstrate their willingness to work with the appropriate county and state agencies to ensure that all regulatory requirements are met and that the proposed operations do not impose risk to the surrounding sensitive land uses and community, and to foster open communication with neighbors.
The project site does not fall within the comment review area of a Yolo County Citizens Advisory Committee, but the project has been reviewed by the City of Woodland (“City”) because the parcel is located adjacent to the City of Woodland. The City submitted a letter detailing their concerns with the proposal regarding the public experience at the Woodland Regional Park that may disrupt or interfere with the sensitive wildlife at the preserve. The City asked that any new construction and cultivation activities be located as far south of the northern property line of the project site to minimize visual and odor impacts. Light and glare from the operation onto the preserve is requested to be shielded in a manner to not be disruptive to sensitive wildlife, such as Tricolored Blackbirds. It is also requested that the operators coordinate with the City well in advance of harvest activities to avoid scheduling events at the preserve when odors may be at their peak and that the operators be aware of probable nests in or around the site during harvest activities if occurring between March through July. Staff encourages the applicant to coordinate with the City, to the extent feasible, to implement additional vegetative screening measures to alleviate any potential effects to the Woodland Regional park located immediately north, along County Road 25A. All screening measures must meet the requirements set forth in Section 8-2.1408(KK) of the CLUO.
The Yolo County Agricultural Commissioner’s Office submitted comments on April 25, 2024, stating no agricultural violations exist for S&R Pharms/Apex Agriculture; however, there is a minor potential for pesticide drift onto the cannabis crop via the pistachio orchard located to the west of the site. The Agricultural Commissioner also stated that the applicant will be required to renew their Operator ID (Spray Permit) through the Agriculture Department, submit monthly pesticide use reports and assure that employees who apply pesticides are trained prior to application.
The Request for Comments was sent to Yocha Dehe Wintun Nation (“Tribe”) on April 18, 2024, but no response was received by staff. A condition of approval has been added to require the operator to contact the Tribe to determine if cultural sensitivity training is necessary and/or to schedule training prior to the first construction activities requiring a building permit.
A public hearing notice was mailed to property owners within 1,000 feet on November 1, 2024, and published in the Davis Enterprise on November 3, 2024.
COLLABORATIONS
Staff consulted with the Agricultural Commissioner’s Office, Building Division, Public Works Division, Environmental Health Division, various agencies and interested parties, including the City of Woodland, and received input from the Office of County Counsel.
APPEALS
Any person who is dissatisfied with the decisions of this Planning Commission may appeal to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board within fifteen (15) days from the date of the action. A Planning Commission Appeal Form and appeal fee immediately payable to “County of Yolo” must be submitted at the time of filing. The Board of Supervisors may sustain, modify or overrule this decision. The Planning Commission Appeal Form can be accessed at the following link: https://www.yolocounty.org/government/board-of-supervisors/clerk-of-the-board/planning-commission-appeal.
Attachments
- Att. A. Project Location and Zoning
- Att. B. Site Plan
- Att. C. CEQA Compliance Checklist / Project Initial Study
- Att. D. Findings
- Att. E. Use Pemit and Conditions of Approval
- Att. F. Public Comment Letters & Responses
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Eric May | Eric May | 11/06/2024 04:13 PM |
| County Counsel | Cedric Hopkins | 11/06/2024 08:35 PM |
| Stephanie Cormier | Stephanie Cormier | 11/07/2024 10:12 AM |
- Form Started By:
- Tracy Gonzalez
- Started On:
- 11/04/2024 07:51 AM
- Final Approval Date:
- 11/07/2024