§ 22.40.060. Cannabis Nurseries.

A.

Limitation on use. Cannabis nurseries shall be limited to the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), and Industrial (IND) land use categories. Cannabis nurseries in the Industrial and Residential Rural land use categories shall be limited to indoor propagation only.

B.

Land use permit required.

1.

Minor Use Permit. A Minor Use Permit is required for all cannabis nurseries, unless a Conditional Use Permit is required by another Section of this Title.

2.

Conditional Use Permit. A Conditional Use Permit is required for cannabis nurseries 75,000 square-feet or greater in the Residential Rural land use category.

C.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 22.60 and Section 22.40.040.

1.

A detailed water management plan including the proposed water supply proposed conservation measures, and any water offset requirements.

2.

Information regarding stormwater control and wastewater discharge.

3.

A list of all pesticides, fertilizers, and any other hazardous materials used in the nursery process.

4.

A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on the nursery's site.

5.

For indoor and mixed-light nurseries, all power sources proposed to be used.

D.

Nursery standards.

1.

Location. Cannabis nurseries shall not be located within one thousand (1,000) feet from 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 cannabis nursery to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section. This location standard may be modified through Minor Use Permit approval to reduce the distance to six hundred (600) feet. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility through Conditional Use Permit approval, provided the Commission first makes the findings specified in Section 22.40.060(E)(2).

2.

Minimum site area. No minimum site area is required in the Agriculture, Rural Lands, and Industrial land use categories. Cannabis nurseries in the Residential Rural land use category shall be located on sites that are a minimum of 5 acres in area.

3.

Setbacks.

a.

Cannabis nurseries shall be setback as set forth in Section 22.30.310.

b.

All cannabis nurseries shall be setback 100 feet from any existing offsite residence, swimming pool, patio, or other living area of separate ownership. A new adjacent use does not affect the continuation of an existing use that was legally established under the standards of this Section.

c.

All outdoor cannabis nurseries shall be setback at least 50 feet from the upland extent of riparian vegetation of any watercourse, and 100 feet from any wetland.

d.

Setbacks may be modified through Minor Use Permit approval, except for setbacks required by the California Building Code, or for the resource setbacks identified in subsection c above.

4.

Air quality. Nurseries located on an unpaved road shall provide, at a minimum, the following, in order to mitigate the air pollution (i.e. dust) effects created by the use.

a.

A mitigation plan for continuing dust control from the property frontage to the nearest County-maintained road. The plan may be modified to adjust for changed conditions or to improve the effectiveness of the dust reducing technology. The plan and all modifications to the plan are subject to review and approval by the Review Authority.

b.

Evidence of road maintenance provided by the County, State, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

c.

An agreement, to support and not protest: the formation of an assessment district or; the creation of another funding mechanism. The consenting person(s) retains all due process rights as to any term or condition that was unknown at the time of application approval. The consenting person(s) may contest the specific proportionality rate or other term or condition of the assessment or funding mechanism.

5.

Water.

a.

Cannabis nursery sites that require a land use permit and are located in a groundwater basin at Level of Severity III pursuant to the last Biennial Resource Management System report shall provide an estimate of water demand prepared by a licensed professional engineer or other expert on water demand, as approved by the Director of Planning and Building, and a detailed description of how the new water demand will be offset. All water demand within a groundwater basin at Level of Severity III shall offset at a minimum 1:1 ratio, unless a greater offset is required through land use permit approval. All water demand within an identified Area of Severe Decline shall offset at a minimum 2:1 ratio, unless a greater offset is required through land use permit approval. Offset clearance shall be obtained through a County-approved water conservation program for the respective groundwater basin, prior to the establishment of the use or receipt of Business License Clearance pursuant to Section 22.62.020.

b.

Irrigation water supplies for cannabis nurseries shall not include water transported by vehicle from off-site sources.

6.

Screening and Fencing. Cannabis plants shall not be easily visible from offsite. All outdoor cannabis nursery activities shall occur within a secure fence at least six (6) feet in height that fully encloses the nursery area(s) and prevents easy access to the cultivation areas (both indoor or outdoor). The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.

The required fencing and screening are subject to the following standards instead of Section 22.10.080:

a.

Fencing shall be constructed out of durable materials for security purposes.

b.

Fencing materials shall be solid, or screening material, including existing landscape features such as terrain and vegetation, shall achieve a permanent opacity necessary to screen cannabis plants that are easily visible from off-site views.

c.

Solid fencing shall be located outside of setback areas.

d.

Where necessary, fencing shall be designed to allow for the movement of wildlife.

e.

Conform with the fencing and screening standards contained Articles 9 or 10, specific plans, or design plans.

This section may be waived or modified through Minor Use Permit or Conditional Use Permit approval, provided the review authority first finds that specifically identified characteristics of the site or site vicinity would make the required fencing or screening unnecessary or ineffective.

7.

Renewable energy. All sites engaging in artificial light or mixed-light indoor cannabis nursery cultivation shall comply with State regulations regarding energy requirements.

8.

Nuisance Odors. All cannabis nurseries shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis nursery cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

9.

Pesticides. Pesticides and fertilizers shall be properly labeled, stored, and applied to avoid and prevent contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

10.

Outdoor Lighting. Outdoor lighting shall be used for the purpose of illumination only and is subject to the provisions of Sections 22.10.060(B) through (F). Outdoor lighting shall not be located within the canopy area, used for photosynthesis, mixed-light processes, other purposes intended to manipulate cannabis plant growth, or in conjunction with cannabis hoop structures, whether attached or not to a cannabis hoop structure. Where necessary, outdoor lighting shall be designed to minimize impacts to wildlife.

E.

Required findings. In addition to the mandatory findings required by Section 22.62.060.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this subsection:

1.

The cannabis nursery, as proposed, will comply with all the requirements of State and County for the propagation of cannabis, including dual licensure and participation in an authorized track and trace program;

2.

The cannabis nursery will not be located within one thousand (1,000) feet from 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; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required one thousand (1,000) foot location standard unnecessary or ineffective. The cannabis nursery will not be located within six hundred (600) feet from 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; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from [libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities] unnecessary or ineffective.

3.

The cannabis nursery includes adequate measures that minimize use of water for cannabis propagation at the site;

4.

The cannabis nursery includes adequate quality control measures to ensure cannabis cultivated at the site meets State regulatory standards;

5.

The cannabis nursery includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are not supplied to unlicensed or unpermitted persons within the State and not distributed out of state.

6.

(For nursery sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

7.

(For setback modifications only.) Specific conditions of the site and/or vicinity make the required setback unnecessary or ineffective. Modification of the setback will not allow nuisance odor emissions from being detected offsite.

8.

(For fencing and screening modifications only.) Specific conditions of the site and/or vicinity make the required fencing or screening unnecessary or ineffective.

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