§ 22.40.065. Cannabis Processing Facilities.

A.

Limitation on use. Cannabis processing facilities may be permitted in the Commercial Service (CS), Industrial (IND), Agriculture (AG), Rural Lands (RL) land use categories, subject to a land use permit as required below. Cannabis processing in the AG or RL land use categories may be vertically integrated with cannabis cultivation only. This section does not apply to cannabis processing that is ancillary to an approved cannabis cultivation site (the processing of cannabis grown on site only), which is otherwise subject to Section 22.40.050.

B.

Land use permit required. Cannabis processing facilities shall require Minor Use Permit approval unless a Conditional Use Permit is required by another Section of this Title.

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.

Storage and handling protocol plan.

2.

A security plan that includes lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 30 (thirty) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis. The video system for the security cameras must be located in a locked, tamper-proof compartment.

3.

Employee safety and training equipment plan, plus Materials Safety Data Sheet requirements, if any.

D.

Processing facilities standards.

1.

Location.

a.

Cannabis processing facilities shall 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. Distance shall be measured from the structure that contains the cannabis processing facility to the property line of the enumerated use using a direct straight-line measurement. 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 22.40.065(E)(4).

b.

Cannabis processing facilities shall not be located in a Flood Hazard Zone, Sensitive Resource Area, or High Fire Hazard Severity Zone.

c.

Limit on agricultural land. Cannabis processing facilities shall not be located on prime agricultural soils or on land under Williamson Act contract.

d.

Access in the AG or RL land use category. Cannabis processing facilities shall be located on and take access from a publicly maintained, paved, and through (non-dead-end) road.

2.

Rural character design criteria. Cannabis processing facilities located outside of an Urban or Village Reserve Line (URL or VRL), shall be sited and designed (including, but not limited to, structures, pavement, fencing, signs, and exterior lighting) to be compatible with the rural character of the site and surrounding area. Factors to be considered include:

• Avoiding the removal of native oak trees or other significant landscape

• Minimizing grading

• Minimizing negative effect on the night sky

• Architectural style

• Offsite views of structures and screening.

3.

Setbacks. Setbacks are required as set forth in Section 22.10.140, and structures and impervious surfaces shall be setback at least 50 feet from the upland extent of riparian vegetation of any watercourse, and 100 feet from any wetland.

4.

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

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

2.

The cannabis processing facility includes adequate quality control measures to ensure cannabis processed at the site meets State regulatory standards;

3.

The cannabis processing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis is obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

4.

The cannabis processing facility 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.

5.

(For processing 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.

[2018, Ord. 3377]