Yolo County, officially the County of Yolo, is a county located in the northern portion of the U.S. state of California. As of the 2010 census, the population was 200,849. Its county seat is Woodland and its largest city is Davis. Yolo County is included in the Sacramento-Roseville-Arden-Arcade, CA Metropolitan Statistical Area. The county is located in the Sacramento Valley. Much of Yolo County remains a relatively rural agricultural region.
Regulations for Cannabis Related Commercial Activity
County Board of Supervisors
Yolo County Municipal Code Chapter 20
Sec. 5-20.04. Prohibited activities.
A. The cultivation of medical marijuana, in any amount or quantity, upon any premises, is declared to be unlawful and a public nuisance that may be abated in accordance with this chapter, unless one of the following conditions is satisfied:
1. Patient exemption
a. Cultivation is by a qualified patient cultivating marijuana pursuant to Section 11362.5 of the Health & Safety Code if the area he or she uses to cultivate marijuana does not exceed 100 square feet, at full plant maturity, per legal parcel, and he or she cultivates marijuana for his or her personal medical use and does not sell, distribute, donate, or provide marijuana to any other person or entity.
b. The 100 square feet limitation is imposed regardless of the number of qualified patients residing on the property, participating directly or indirectly in or benefitting from the cultivation.
c. For purposes of this subsection, the area used to cultivate marijuana shall be measured by the aggregate area of vegetative growth of live marijuana plants at full maturity on the premises.
d. The qualified patient shall reside full-time in the residence where the medical marijuana cultivation occurs and may not participate in medical marijuana cultivation in any other residential location within the County of Yolo.
2. By Permit. Cultivation is in compliance with California Regional Water Quality Control Board Central Valley Region Order No. R5-2015-0113. All medical marijuana cultivation sites cultivating pursuant to this subsection shall provide to the Yolo County Department of Agriculture a copy of a submitted Notice of Intent, which must be complete and have been received with full payment by the Central Valley Regional Water Quality Control Board no later than 5:00 p.m. on October 11, 2016, to obtain regulatory coverage by the Central Valley Water Board as a Tier 1, 2 or 3 cultivator, Monitoring Self Certification and other documents filed with the Central Valley Regional Water Quality Control Board demonstrating compliance with Order No. R5-2015 0113, or any substantially equivalent rule that may be subsequently adopted by the County of Yolo or other responsible agency. Notwithstanding the foregoing, the garden canopy must be between 1,000 square feet and 43,560 square feet; cultivation of medical marijuana of less than 1,000 square feet under this subsection is prohibited.
a. Persons cultivating medical marijuana by permit under this subsection shall:
1) Be currently leasing or, as of October 11, 2016, have been the record owner of or have a fully executed purchase and sale agreement for the purchase of, the real property on which they will cultivate medical marijuana and for which they have filed a Notice of Intent with the Central Valley Water Board by October 11, 2016; and
2) Participate in any track and trace program required by the County, pay any associated fees and meet all associated requirements; and
3) Sign a written consent to reasonable on-site compliance inspections of the cultivation area by law enforcement or other County personnel during reasonable hours; and
4) Execute an agreement to indemnify and hold harmless the County of Yolo and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by affected property owners or other third parties due to the cultivation of cannabis for medical use and for any claims brought by any person for problems, injuries, damages, or liabilities of any kind that may arise out of the cultivation of marijuana for medical use. The indemnification shall apply to any damages, costs of suit, attorneys’ fees or other expenses awarded against the County, its agents, officers and employees in connection with any such action. In addition, the agreement shall release the County of Yolo, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution for cultivation in violation of state or federal laws.
B. Except as otherwise permitted by California law, any commercial activity involving non-medical marijuana is prohibited in the unincorporated areas of the County of Yolo, including but not limited to the cultivation, production, storage, processing, manufacture, dispensing, delivery, distribution, laboratory testing, labeling, transportation, provision, or sale of marijuana or marijuana products.
Sec. 5-20.05. Limitation on location to cultivate marijuana.
A. The cultivation of marijuana, in any amount or quantity, shall not be allowed in the following areas:
1. Outdoors within 1,000 feet of a youth-oriented facility, a school, a school bus stop, a park, a church or federal lands held in trust by the federal government for a federally recognized tribal government or lands held in fee by a federally recognized tribal government. The setback from lands held in trust for or in fee by a federally recognized tribal government shall apply prospectively and not be applicable to those exempt under section 5-20.04.A.1-2.
a. Such distance shall be measured in a straight line from the boundary line of the premises upon which marijuana is cultivated to the boundary line of the premises upon which the youth-oriented facility, school, school bus stop, park, church, residential treatment facility or tribal lands are located.
2. Outdoors within 75 feet of any occupied legal residential structure located on a separate parcel.
3. In any location not fully enclosed by an opaque fence at least six feet in height. The fence must be adequately secured by a locked gate to prevent unauthorized entry. Evidence of cultivation shall not be visible from a public right-of-way or publicly traveled private roads.
Sec. 5-20.07. Cultivation of marijuana.
A. It is declared to be unlawful for any person owning, leasing, occupying, or having charge or possession of any parcel of land within any unincorporated area of the County to cause or allow such parcel of land to be used for the cultivation of marijuana in violation of the requirements and limitations imposed by Section 5-20.04 or in violation of the limitations on location imposed by Section 5-20.05 or without being in full compliance with all Yolo County Code requirements prior to cultivation.
B. The use of light assistance for the outdoor cultivation of marijuana shall not exceed a maximum of 600 watts of lighting capacity per 100 square feet of growing area.
C. All lights used for the cultivation of marijuana shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the parcel upon which they are placed.
D. The cultivation of marijuana shall not utilize water that has been or is illegally diverted from any stream, creek, river, ditch or any other body or source of water.
E. All buildings where marijuana is stored shall be properly secured to prevent unauthorized entry.
F. Nothing in this section shall be construed as a limitation on the County’s authority to abate any violation of any applicable law, federal, state or local, which may exist from the cultivation of marijuana plants or any part thereof from any location, indoor or outdoor.
1. Within 60 days of adoption of this ordinance, or prior to the commencement of marijuana cultivation, any qualified patient or other entity cultivating marijuana within the unincorporated area of Yolo County shall register with the Yolo County Department of Agriculture.
2. All registrations required pursuant to this chapter shall be made upon current forms prescribed by the Yolo County Department of Agriculture. All registrations must include a completed registration form and fees as established by resolution and adopted by the board of supervisors as amended from time to time.
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YOLO COUNTY CODE TITLE 8 LAND DEVELOPMENT CHAPTER 2: ZONING REGULATIONS
Article 1: General Provisions Sec. 8-2.116. Medical marijuana dispensaries, prohibited.
- Medical marijuana dispensaries are prohibited in all zoning districts, including without limitation to all specific plan and overlay zones. (Ord. 1445, eff. August 14, 2014)
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