§ 22.40.105. Cannabis Transport Facilities.

A.

Limitation on use. Cannabis transport-only facilities may be permitted in the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), Residential Suburban (RS), Residential Single Family (RSF), Office and Professional (OP), Commercial Retail (CR), Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. This does not include transport to end users or for retail sale (cannabis dispensary) or transport of nursery products (cannabis nursery). This section does not apply to the transport of cannabis when ancillary to an approved cannabis cultivation land use permit.

B.

Land use permit required.

1.

Zoning Clearance. Cannabis transport facilities shall require a zoning clearance and business licenses approval pursuant to Section 22.62.030, unless a Minor Use Permit is required per subsection 2, or a Conditional Use Permit is required by another Section of this Title.

2.

Minor Use Permit. Minor Use Permit approval is required where site disturbance of one acre or greater is proposed, or where grading is proposed on slopes of 10 percent or greater.

C.

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

1.

Statement of understanding of and compliance with State law as applicable to the safe handling and transport of cannabis and cannabis products, including track-and-trace system requirements.

2.

A list of the licenses types for which transport will be provided.

3.

Waiver of content. The Director may waive requirements of both Sections 22.60 and 22.40.040 provided the circumstances or conditions described in Section 22.60.040.E apply.

D.

Cannabis transport facilities standards.

1.

Location. Cannabis transport facilities shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, or youth center. Distance shall be measured from the structure that contains the dispensary to the property line of the enumerated use using a direct straight-line measurement.

2.

Setbacks. Setbacks are required as set forth in Section 22.10.140.

3.

Parking in commercial and industrial land use categories (OP, CR, CS and IND). Off street parking shall be provided pursuant to Section 22.18.020 for "Other Offices". Commercial vehicles shall be stored in compliance with Section 22.30.040.B.

4.

Requirements in AG, RL, RR, RS, and RSF land use categories. The following standards apply in the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), Residential Suburban (RS), and Residential Single Family (RSF) land use categories:

a.

Principal Use. Notwithstanding subsection 2 above, there shall be a principal residence on the site of the transport facility.

b.

Employees. No other person other than members of the household residing on the premises may be working at the site.

c.

Parking and Traffic. The cumulative traffic generated for the site, shall not exceed 10 trips per day, and shall only involve types of vehicles normally associated with a home in a residential neighborhood, except in compliance with Section 22.30.040.B.1. All parking needs shall be met off the street.

5.

Ownership and sale prohibited. Transport facilities may not own or sell cannabis or cannabis products, or store cannabis or cannabis products at the premises of the business.

E.

Required findings for discretionary land use permits only. 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 transport 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 transport facility includes adequate quality control measures to ensure cannabis processed at the site meets State regulatory standards;

3.

The cannabis transport 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 transport facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, or youth center;

5.

(For transport facility 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]