§ 22.40.040. Requirements for All Cannabis Activities.

The application for a land use permit and for amendments thereto, shall be processed in accordance with Chapter 22.60. Notwithstanding the foregoing, and in addition to all other remedies available under this Title, the procedures for revocation of a land use permit granted under this Chapter shall be as set forth in Sections 22.40.110 and 22.40.120 of this Chapter. The following requirements apply to all cannabis activities not otherwise exempted by this Chapter.

A.

Application requirements.

1.

Site plan, floor plans, and a general description of the nature, square-footage, and type of cannabis activity(ies) being requested shall be submitted with the land use permit application.

2.

Evidence documenting that the site has legal access to a public road.

3.

All cannabis activities shall include an operations plan including at a minimum, the following information:

a.

On-site security measures both physical and operational and, if applicable, security measures for the delivery of cannabis associated with the commercial cannabis business;

b.

Odor management plan;

c.

Size, height, colors, and design of any proposed signage at the site;

d.

Parking plan consistent with Chapter 22.18;

e.

Proof of ownership or lease agreement with landowner's consent;

f.

Employee safety and training plan;

g.

A statement on neighborhood compatibility and a plan for addressing potential compatibility issues;

h.

Waste management plan; and

i.

Vicinity map showing at least one-thousand (1,000) feet of surrounding area and the distances to the following uses: any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the cultivation to the nearest point of the property line of the enumerated use using a direct straight line measurement.

B.

Vertical integration. Any land use permit proposing more than one cannabis activity on one site shall be subject to Conditional Use Permit approval. This requirement does not apply to the following activities when ancillary to cannabis cultivation: cannabis transport, a cannabis nursery, or cannabis processing.

C.

Previous violations. Any site proposing cannabis activities where there have been verified violations of a County ordinance or other laws relating to cannabis within the last twenty-four (24) months shall require a Conditional Use Permit approval.

D.

Security. Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. Security measures shall include, but are not limited to, the following:

1.

Prevent individuals from loitering on the premises if they are not engaging in activity expressly related to the operations of the facility;

2.

Store all cannabis in a secured and locked structure or behind a secured and locked fence, and all cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss.

E.

Site posting. The owner shall post on site all required land use permit approvals and all required County and State permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis.

F.

Records. The owner and all permittees of all cannabis activities requiring land use permit approval shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation, which shall be made available to the County upon request.

G.

Compliance. The owner and all permittees of all cannabis activities requiring land use permit approval shall conduct cannabis activities in compliance with all required County permits, State licenses, County ordinance, and State law and regulation. The owner shall be responsible for the payment of all required fees and taxes.

H.

Inspection. All land use permits and permitted cannabis activity sites are subject to review and inspection from law enforcement or any agents of the State or County charged with enforcement of this Chapter.

I.

Operation. No person shall operate a commercial cannabis business under a commercial cannabis land use permit issued pursuant to this Chapter at any place or location, or in any manner other than that identified on the permit.

J.

State license required. One or more of the State cannabis license types set forth in California Business and Professions Code shall be maintained in good status by the Permittee in order for a land use permit issued under this Section to remain valid.

A valid license from the State issued pursuant to California Business and Professions Code Section 26000 et seq. shall be required in order for a land use permit issued pursuant to this Chapter to be considered valid. In the event that the State is not yet issuing licenses and/or a State license has not yet been issued, but only during calendar year 2018, proof of application for a State licenses may be deemed sufficient for the County to issue a local land use permit. Within six (6) months of application at the State, a license must be presented to the County, or all commercial cannabis permits and licenses will be revoked for the applicant. If a State license is denied, the County shall revoke the land use permit and/or Business License.

K.

Pesticides. Approved cannabis cultivation operations employing the use of pesticides shall also obtain the appropriate pesticide use permitting from the Department of Agriculture / Weights and Measures.

L.

Water quality. Cannabis cultivation shall operate pursuant to a permit from the Central Coast Regional Water Quality Control Board (CCRWQCB). Until the permitting process is in place, all cannabis cultivators shall adhere to the environmental measures outlined by CCRWQCB.

M.

Location. All cannabis activities are prohibited on sites that are surrounded by federal land or on property where the only access to a site is through federal land.

N.

Solid waste and recycling. Cannabis activities (regardless of the site's location) shall provide solid waste and recycling collection consistent with Sections 22.10.050.B and C.

O.

Monitoring program. All land use permits for cannabis activities shall require the applicant's participation in a County-run monitoring program. The monitoring program shall be funded by applicants and will be used to conduct site visits and inspections of all commercial cannabis sites to verify compliance with this chapter and conditions of approval for the land use permits. The program fees shall be collected yearly by the Department of Planning and Building at the time of Business License renewal. Sites with inspection reports that indicate failure to comply with the standards of this Chapter are subject to permit revocation pursuant to Section 22.40.120 and/or Business License non-renewal.

P.

Public notice.

1.

Prior to application submittal. The applicant shall submit evidence that the neighboring property owners and the applicable advisory group were notified of the request prior to the submission of the land use permit to the county. This notice shall be provided by the applicant sending a letter using the form provided by the Department of Planning and Building. The letter shall be mailed or delivered at least 10 days prior to application submittal to the applicable advisory group and to all owners of real property as shown on the latest equalized assessment roll within 1,000 feet of the subject site.

2.

Public hearing notice. Public notice shall be provided to owners of property within a minimum of 1,000 feet of the exterior boundaries of the proposed site and to all property owners fronting any local roads that serve the facility back to an arterial or collector, instead of in the manner normally required for public hearings by Section 22.70.060. Public notice may be required to be provided to properties greater than 1,000 feet away for certain applications at the discretion of the Director of Planning and Building.

Q.

Use of a Residence. Except for those activities considered exempt pursuant to Section 22.40.030, no structure or portion thereof used for residential purposes, including vacation rentals, shall be used for Cannabis Activities.

[2017, Ord. 3358; 2018, Ord. 3377]