§ 23.08.424. Cannabis Cultivation (L-1).
a.
Limitation on use. Except as provided in Section 23.08.422, cannabis cultivation may only be permitted in the Agriculture - Prime Soils (AGps), Agriculture - Non-Prime Soils (AGnps), Rural Lands (RL), Residential Rural (RR), and Industrial (IND) land use categories with a land use permit in each case and as may further be restricted by this Title.
(1)
Limit on cultivation type allowed. Outdoor cannabis cultivation shall be prohibited in the Industrial (IND) and Residential Rural (RR) land use categories.
(2)
Limit on the number of cannabis cultivation operations. The maximum number of cannabis cultivation operations in the unincorporated portions of the County shall be limited to 141, and as follows:
(i)
Indoor cultivation. Any site, as defined by Section 23.08.421, may receive land use permit approval for multiple indoor cannabis cultivation operations, subject to the limits specified in this section (above), provided each cannabis cultivation operation does not exceed the canopy size threshold established by State law, and the cumulative canopy area, of indoor cultivation, on the site does not exceed 22,000 square feet.
(ii)
Outdoor cultivation. Any site, as defined by Section 23.08.421, in the AG or RL land use category may receive land use permit approval for outdoor cannabis cultivation operations as follows:
Within the Agriculture (AG) land use category on sites between 10 and 25 acres in area, the maximum number of outdoor cultivation operations shall be two (2).
Within the Agriculture (AG) land use category on sites greater than 25 acres in area, the maximum number of outdoor cultivation operations shall be three (3).
Sites within the Rural Lands (RL) land use category shall be limited to one outdoor cultivation operation.
In every case, each cannabis cultivation operation shall not exceed the canopy size threshold established by State law.
b.
Land use permit required. A Minor Use Permit is required for all cannabis cultivation, unless a Conditional Use Permit is required by another Section of this Title.
(1)
Limit on land use permit applications. Prior to January 1, 2019, applications for land use permits for cannabis cultivation operations shall be limited to operators previously registered with the County under Ordinance No. 3334, as a cooperative or collective. This limitation does not preclude an applicant from applying for a land use permit on a site other than the site identified on a previous registry, provided a consent of landowner form is submitted with the application.
(2)
Land use permit expiration. All land use permits issued for cannabis cultivation shall expire in five years from the approval date. Within a twelve (12) month period prior to expiration, the applicant may request the land use permit be renewed for an additional five-year period. Any request for renewal shall be in writing to the Department prior to the expiration date of the land use permit, and shall be submitted in conjunction with the appropriate land use permit application. The request for renewal shall be processed with the same level of permit for the original entitlement. If a request for renewal is not granted the land use permit shall be deemed expired.
(3)
Relocation of a permitted cannabis cultivation operation. When a site owner and cultivation permittee elect to vacate a cannabis cultivation operation that is operating pursuant to an approved land use permit and relocate the operation to a new site, a new application, discretionary land use permit, and CEQA compliance action shall be required, but such applicants shall not be subject to otherwise-required permit allocation procedures and limitations, as specified in subsection b.(1) All such applicants shall comply with the following:
(i)
Obtain all necessary permits for the new site, including but not limited to, a new land use permit pursuant to this Chapter.
(ii)
The applicant shall submit, with their land use permit application for the new site, written notification from the landowner of the current site that the landowner agrees to vacate the approved cannabis cultivation operation.
(iii)
On or before the effective date for the land use permit on the new site (15 days after its approval, or upon final action, if the approval is appealed), the cannabis operation on the previous site shall be vacated.
(iv)
The applicant is responsible for complying with the requirements of the State and the County Tax Collector as applicable to any State license or County-issued Business License for the new site.
c.
Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.423.
(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 that are expected to be used in the cultivation process.
(4)
A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on the cultivator's site.
(5)
For indoor and mixed-light cultivation, all power sources proposed to be used.
(6)
Prior to January 1, 2019, the applicant shall submit proof that the applicant has previously registered with the County under Ordinance No. 3334, as a cooperative or collective.
d.
Cultivation standards.
(1)
Location. Cannabis cultivation 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 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 Section. This location standard may be modified through Minor Use Permit approval to reduce the distance to six hundred (600) feet.
(2)
Minimum site area.
(i)
Outdoor cultivation. Outdoor cannabis cultivation is limited to sites that meet the minimum site area by land use category listed below:
Agriculture (AG) ..... 10 acres
Industrial (IND) ..... Not allowed
Residential Rural (RR) ..... Not allowed
Rural Lands (RL) ..... 50 acres
(ii)
Indoor cultivation. Indoor cannabis cultivation is limited to sites that meet the minimum site area by land use category listed below:
Agriculture (AG) ..... 10 acres
Industrial (IND) ..... No minimum
Residential Rural (RR) ..... 20 acres
Rural Lands (RL) ..... 50 acres
(3)
Setbacks. Setbacks for cannabis cultivation are as set forth in sub Section a, above. Additionally, the following apply:
(i)
Indoor cannabis cultivation shall be within a fully enclosed building that has been setback as set forth in Section 23.08.041 (Section 23.04.100 in the Industrial land use category).
(ii)
Outdoor cannabis cultivation shall be setback a minimum of 300 feet from the external property lines of the site or public right-of-way.
(iii)
Indoor cannabis cultivation 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.
(iv)
All outdoor cannabis cultivation shall be located at least 50 feet from the upland extent of riparian vegetation of any watercourse.
(v)
Setbacks may be modified through Minor Use Permit approval, except for setbacks required by the California Building Code.
(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.
(i)
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.
(ii)
Evidence of road maintenance provided by the County, State, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.
(iii)
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.
(i)
Cannabis cultivation 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 a Level of Severity III shall be 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 establishment of the use or receipt of Business License Clearance.
(ii)
Irrigation water supplies for cannabis cultivation shall not include water transported by vehicle from off-site sources.
(6)
Screening. Cannabis plants shall not be easily visible from offsite. All cannabis cultivation activities shall occur within a secure fence at least six (6) feet in height that fully encloses the cultivation area and prevents easy access to the site. The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress. Said fence shall not violate any other ordinance, code Section, or provision of law regarding the height, location, materials, or other fencing restrictions, and shall be both solid and durable. All screening shall conform to the requirements of applicable area, community, specific and design plans.
(7)
Renewable Energy. All sites engaging in artificial light or mixed-light indoor cannabis cultivation shall comply with State regulations regarding energy requirements.
(8)
Nuisance Odors. All cannabis cultivation shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis 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)
Use of Residence. Except for those activities considered exempt pursuant to Section 23.08.421, no structure originally constructed for residential purposes or that served as a residence as of August 23, 2016 shall be used for cultivation of cannabis.
(11)
Monitoring Program. All land use permits for cannabis cultivation shall require that 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 cultivation sites and verify water use and State track-and-trace requirements. In addition to those requirements set forth in this Section and elsewhere in this Chapter, the Board of Supervisors shall by resolution or ordinance adopt such forms, fees, and procedures as are necessary to implement this Chapter with respect to the monitoring program. The annual program fees shall be collected yearly at time of Business License renewal by the Planning and Building Department. Sites with inspection reports that indicate failure to comply with the standards of this Section are subject to permit revocation pursuant to Section 23.08.432 and/or Business License non-renewal.
e.
Required findings. In addition to the mandatory findings required by Section 23.02.034.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 cultivation, as proposed, will comply with all of the requirements of State and County for the cultivation of cannabis, including dual licensure and participation in an authorized track and trace program;
(2)
The cannabis cultivation 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 cultivation 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;
(3)
The cannabis cultivation includes adequate measures that minimize use of water for cannabis cultivation at the site;
(4)
The cannabis cultivation includes adequate quality control measures to ensure cannabis cultivated at the site meets State regulatory standards;
(5)
The cannabis cultivation 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 cultivation 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.
[Added 2017, Ord. 3357]