§ 23.08.423. Requirements for All Cannabis Activities.

The application for a land use permit and for amendments thereto, shall be processed in accordance with Chapter 23.02. 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 23.08.431 and 23.08.432 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)

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

(i)

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

(ii)

Odor management plan;

(iii)

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

(iv)

Parking plan consistent with Section 23.04.160 et seq.;

(v)

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

(vi)

Employee safety and training plan;

(vii)

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

(viii)

Waste management plan; and

(ix)

Vicinity map showing at least one thousand (1,000) feet of separation 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 cultivation 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 Chapter.

b.

Vertical integration. Any land use permit proposing more than one cannabis activity on one site, or more than one of the same cannabis activity on one site, shall be subject to Conditional Use Permit approval.

c.

Previous violations. Any cultivation site 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 Sections 19300.7 or 26050(a) 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 23.04.280.b and c.

[Added 2017, Ord. 3357]