Commercial Cannabis

The El Dorado County Planning and Building Department, Sheriff’s Office, and County Counsel’s Office announced an interim background check process for commercial cannabis program applicants. In November 2018, the voters of El Dorado County passed ballot measures creating a commercial cannabis program in the County that was developed after numerous meetings with stakeholders. These efforts resulted in draft ordinances that sought to balance the desire for a commercial cannabis program with concerns raised in the community about impacts to communities from such a program. A critical piece of this program was the involvement of the Sheriff’s Office in reviewing the criminal history of applicants and making recommendations on applications based on that criminal history. This process is now codified in County Code section 130.41.100(4)(G).

Consistent with state and federal law, the Sheriff’s Office sought to obtain approval from the California Department of Justice and the Federal Bureau of Investigation to utilize Live Scan criminal history access for this licensing purpose. The Sheriff’s Office initiated that process in December 2019, however, has experienced significant delays in the approvals due to Covid and changes in the form of resolution the FBI is now requesting for such approvals. Up until February 19, 2021, the Sheriff’s Office anticipated receipt of the approval, however, was informed on that date that a new application will be required. The County has acted swiftly to pursue a new resolution, but recognizes that this change in circumstance could take six months or longer.

In light of the anticipated delay with a new application for Live Scan access for this licensing purpose, the El Dorado County Planning and Building Department, Sheriff’s Office, and County Counsel’s Office collaborated to implement a procedure that complies with section 130.41.100(4)(G) and allows applications to continue in the permitting process. Generally, section 130.41.100(4)(G) will be implemented through the following interim process until the Sheriff’s Office receives the approvals necessary to utilize Live Scan:

• Applicants will complete a background check questionnaire through HdL Companies (“HdL”) and pay associated fees of that company (approximately $400 total for background check and enhanced financial background check). The County is currently working with HdL on the contents of the background check questionnaire and applicants will be notified when it is available.
• Applicants will self-disclose entire criminal history in the questionnaires submitted to HdL.
• HdL employees with prior law enforcement experience will investigate the criminal background of the applicants through public databases other than Live Scan and provide background check information to the Sheriff.
• The Sheriff will examine all background check reports and make a conditional recommendation to approve or deny, which will be included in a full staff report to the Planning Commission.
• If the Commercial Cannabis Use Permit is granted, a condition will be imposed requiring verification of the self-disclosures once the County has the necessary approvals to utilize Live Scan for Commercial Cannabis Use Permits.
• The Commercial Cannabis Use Permit would require: (1) fingerprinting of all owners and spouses of owners and the Designated Local Contact through Live Scan within one week of the request by the Sheriff’s Office, unless the Sheriff’s Office agrees to additional time; and (2) automatic revocation of the commercial use permit without revocation proceedings if it is determined that a material misrepresentation was made in the self-disclosure application.
• The condition would also provide that, if automatic revocation occurs, all operations would immediately cease and any cannabis plants or products would be eradicated and destroyed within 24 hours of the notice of the automatic revocation of the permit.
• Prior to submitting the self-disclosure application with HDL applicants would sign an agreement electing to utilize this process and agreeing to (1) waive any challenge to the County’s determination of a material misrepresentation; and (2) waive any claim based on the automatic revocation of the Commercial Cannabis Use Permit if the County determines a material misrepresentation was made, including waiver of any claim of damages for loss of investment based on costs incurred because the Commercial Cannabis Use Permit was granted.

At this time, the Planning and Building Department is processing thirteen applications for commercial cannabis use permits and will work with each of the applicants to use this interim process if the applicant elects to do so. All applicants or residents with additional questions are encouraged to contact the Planning and Building Department, Commercial Cannabis Division, at (530) 621-5355 or by email at cannabisinfo@edcgov.us.

Commercial Cannabis Annual Operating Permit and Commercial Cannabis Use Permit (Conditional Use Permit)

Commercial Cannabis businesses in the unincorporated County of El Dorado must obtain a Commercial Cannabis Annual Operating Permit and Commercial Cannabis Use Permit (e.g. Conditional Use Permit) from the Planning and Building Department located at 2850 Fairlane Court in Placerville, CA 95667.

The Commercial Cannabis Permitting Office (CCPO) within the Planning and Building Department will coordinate the process. Once a Commercial Cannabis Operating Permit (Operating Permit) and Commercial Cannabis Use Permit (Conditional Use Permit) have been obtained, the permittee must obtain State licenses. . Once an El Dorado County Commercial Cannabis Operating Permit, El Dorado County Commercial Cannabis Use Permit, and State licenses have been issued, an El Dorado County business license from the Treasurer-Tax Collector must be obtained.

Local and State permits and licenses must be obtained prior to commencing cannabis business activities or expanding existing operations. 

The Commercial Cannabis Operating Permit and Commercial Cannabis Use Permit process happens in three-phases as generally described below:

(Commercial Cannabis Licensing Office Only)

The purpose of the Phase 1 Pre-Application review is to determine basic eligibility of the proposed cannabis business operation and work to identify potential issues as early in the process as possible. This process is meant to detect issues so they can be addressed before the full application process. Any applicant arriving at their appointment without having substantially completed the pre-application submittal materials may forfeit their appointment and be placed at the end of the applicant list.

The Pre-Application process will cost the applicant significantly less while providing information on potential issues early in the process which allow the applicant to decide if he/she wants to move forward to submit an application. The cost for the full application includes a Commercial Cannabis Use Permit (Conditional Use Permit), which could cost $9,500 or more (the fee for the Conditional Use Permit is moving to time and materials) and the Commercial Cannabis Operating Permit – Initial Application cost are as follows:

• Cultivation
  • Commercial Cannabis Operating Permit – Initial Application - $7,284
• Existing Retailers
  • Commercial Cannabis Operating Permit – Initial Application - $4,553
• Retailers, Distribution, and Testing Laboratories
  • Commercial Cannabis Operating Permit – Initial Application - $5,642
• Manufacturing
  • Commercial Cannabis Operating Permit – Initial Application - $6,445

Fees for the full application are due upfront. There are no refunds for the Commercial Cannabis Operating Permit. There are no refunds for time and materials work for the Commercial Cannabis Use Permit. The pre-application is a method to identify issues with a project before starting the application process, which there are multiple fees for a considerable amount of analysis that must be done by staff. It is strongly recommended that applicants complete the pre-application process because there could be significant cost and time savings

Note: While staff will take utmost care to accurately represent County Codes, Policies and applicable past positions of staff, the Planning Commission and the Board of Supervisors, it should be noted that matters discussed in the Pre-Application meeting should not be construed to bind, restrict or obligate the staff or review boards when processing a subsequent application. A more thorough review that occurs during the formal application process could reveal issues and circumstances that were not known or reviewed during the much shorter review of the Pre-Application review process. Further, it is incumbent on the part of the Applicant to obtain and understand all applicable Codes and policies.

Dependent upon the proposed project location and project description, the Pre-Application package may be routed to select County departments to provide initial guidance on the adequacy of the project scope and if further information is needed prior to sending the applicant on to Phase 2 (application process).

Please remember to complete the Transportation Impact Study (TIS) – Initial Determination form. The information provided in the document will be used by County staff to determine if the proposed project will be required to complete a Transportation Impact Study or an On-Site Transportation Review (OSTR). If one or both are required, County staff will contact the applicant with more information about the required studies. Both studies are described in the TIS Guidelines, which can be found on the County's website. The TIS – Initial Determination form is found on the same website as the pre-application.

Be advised that if the pre-application is considered deficient and staff is unable to adequately review the proposal due to incomplete responses to questions or inadequate site plans and other required data, the applicant will be asked to provide clarifications and make corrections before staff can proceed with pre-application review.

Be advised that while CCPO staff will solicit all known requirements in preparation for Phase 2 Permit Application submittal, additional information may be requested by the CCPO or other County departments.

Payments must be submitted along with a completed Pre-Application. Pre-Application fees are non-refundable. The fee covers Pre-Application review from CCPO/Planning and Building, Environmental Management, and Transportation. Fees must be paid with check or credit card; no cash accepted. To see the current Planning and Building fee schedule please click here.

(Commercial Cannabis Licensing Office in the Planning and Building Department)

The purpose of the Phase 2 Full Application review is to obtain complete information on proposed cannabis business operations and associated development on a property to ensure project compliance with the commercial cannabis ordinances and environmental review thereof. At this stage, the applicant will submit the full application to the Planning and Building Department to commence the Commercial Cannabis Use Permit (Conditional Use Permit) review and receive the fee information for the process. A set of plans will be routed to the CCPO for review and processing. During this process, the Commercial Cannabis Use Permit and the Commercial Cannabis Operating Permit will be moving concurrently and their approval will happen at the same time.

• If applicants are interested in the application process and wish to proceed, they must next submit the materials required in the application.
• At this stage, engineered plans, architectural renderings, biotic reports, grading plans, and similar items may be required, dependent on the scope of the proposal.

CCPO staff will review the application/plans for the Commercial Cannabis Operating Permit and will initiate a completeness review for the use permit application. If, in the review process, the submitted materials are determined to be deficient by any County department or reviewing agency, the applicant will be notified to re-submit the requested materials in a timely manner.

Other information, such as LiveScan, security plans, etc. will be required at this time.

The Commercial Cannabis Operating Permit will be processed with a set fee that will be paid at the beginning of the process. The Commercial Cannabis Use Permit application fee will be determined by an "At Cost" basis (*time and materials*). An initial deposit will be required by the respective County department. If selecting the option of a contractor to process the applications, the contractor will charge their time to the applicant through the County. The time taken to complete the application process will be billed to the applicant if it is more than the deposit. Any applicant will have to pay their application costs before he/she is recommended to go to the Agriculture Commission and/or Planning Commission. In addition, neither permit will be given without total payment for the cost of the application process. Fees must be paid with check or credit card; no cash accepted.

(Commercial Cannabis Licensing Office and Planning and Building Department)

For successful applicants, the CCPO will coordinate to ensure all conditions of approval and operational requirements of a cannabis business operation are met by specified deadlines and that all operations are in conformance with approvals granted. Site inspections may be scheduled in addition to other County Departmental follow-up, as required.

The purpose of the Monitoring Program is to ensure key milestones are reached by applicants who are on track to renew their Commercial Cannabis Operating Permit. If the CCPO recommends denial, the applicant will receive written justification for the determination.

The information provided in all phases of the application process will be used to determine the eligibility for eventual cannabis land use permits, under County Code Chapter 130.41. These rules are in the Commercial Cannabis Ordinances below.

• The application requirements listed herein are the minimal requirements. Any additional information believed to assist staff in understanding the proposed operation may help to more effectively move it through the review process.
• Be advised that the applicant will need the help of professionals at some point in the application process, either based upon a County requirement or to help more efficiently navigate the Commercial Cannabis Operating Permit and Commercial Cannabis Use Permit process. Such professionals may include: land-use consultants familiar with County planning requirements and review procedures; qualified biologists or archaeologists to review sensitive sites; licensed professionals (architects, civil engineers, traffic engineers, surveyors, engineering geologists, etc.) to prepare grading plans, design commercial buildings, roads, and parking plans.
• It is the applicant's responsibility to provide all required information and cooperate with all required field investigations. Discovery of any false or misleading information is grounds for permit denial or revocation.
• If the applicant is filling out the application questionnaire by hand, neatly print in blue or black ink. Illegible writing will not be accepted.
• The applicant must respond to all items and questions. If a question does not apply to the project being proposed, write "N/A" (not applicable) in the space provided for your response.
• If the applicant needs more space for any response, attach additional sheets and identify the additional information by the application form number and question number.
• The reviewing agencies may ask for additional information to process your application.
• Outdoor, mixed-light and indoor cultivation of commercial cannabis require a renewable source of energy. If you are not planning to provide your own renewable on-site energy source, the following options from PG&E provide you the opportunity to purchase renewable energy. Community renewable programs.

Please Remember – Obtain County Business License:
It is unlawful for any person to transact any kind of business in the unincorporated territory of the County without possessing an unexpired and unrevoked County business license unless the business is exempt from the license requirements. Business licenses must be renewed annually. A renewal notice will be mailed to you in the month prior to your renewal date. A business license can be obtained through the Treasurer-Tax Collector's Office.

An El Dorado County business license should be obtained after a commercial cannabis business has received its El Dorado County Commercial Cannabis Use Permit and Commercial Cannabis Operating Permit along with its licenses from the State of California.

• Chapter 130.10 - Commercial Cannabis

• Commercial Cannabis Pre-Application(PDF, 1004KB)
• Commercial Cannabis Pre-Application - Transportation Impact Study (TIS) – Initial Determination(PDF, 228KB)
• Commercial Cannabis Use Permit (Conditional Use Permit)(PDF, 322KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - Project Description Attachment(PDF, 587KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Testing Laboratory Attachment(PDF, 129KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Distribution Attachment(PDF, 122KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Manufacturing Attachment(PDF, 142KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Cultivation Attachment(PDF, 482KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - Commercial Cannabis Retailer Attachment(PDF, 104KB)
• Commercial Cannabis Use Permit (Conditional Use Permit) - El Dorado County Sheriffs Office - Owner's Background and Site Application(PDF, 4MB)
• Commercial Cannabis Use Permit (Conditional User Permit) - El Dorado County Sheriff's Office - Additional Owner's Background Application(PDF, 3MB)