§ 23.08.426. Cannabis Manufacturing (L-3).

a.

Limitation on Use. Non-volatile cannabis manufacturing facilities may be permitted in the Commercial Service (CS), Industrial (IND), and Agriculture - Non-Prime Soils (AGnps) land use categories, subject to a land use permit, as required below. Cannabis manufacturing facilities involving volatile processes or substances (requiring a volatile manufacturing State license) are prohibited. Cannabis manufacturing facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only. Cannabis manufacturing facilities in the Agriculture - Non-Prime Soils land use category are limited to the processing of the raw cannabis materials grown onsite.

b.

Land use permit required.

(1)

Minor Use Permit. Non-volatile manufacturing facilities of less than 40,000 square feet shall require Minor Use Permit approval unless a Development Plan is required by another Section of this Title.

(2)

Conditional Use Permit. Non-volatile manufacturing facilities of 40,000 square feet or more shall require Development Plan approval.

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 complete description of all products used in the manufacturing process including the cannabis supply chain, liquids, solvents, agents, and processes.

(2)

Storage protocol and hazard response plan.

(3)

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.

(4)

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

d.

Manufacturing standards.

(1)

Location. Cannabis manufacturing 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 manufacturing facility to the property line of the enumerated use using a direct straight-line measurement.

(2)

Setbacks. Setbacks are required as set forth in Section 23.04.100.

(3)

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

(4)

Limitation on the manufacturing of cannabis edible products. The manufacturing of cannabis edible products, as defined by this Title, that are in the shape of animals, people, insects, or fruit is prohibited.

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

(2)

The cannabis manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from release of harmful gases, liquids, or substances;

(3)

The cannabis manufacturing facility includes adequate quality control measures to ensure cannabis manufactured at the site meets industry standards and includes a documented employee safety training program, a Materials Data Safety Sheet (MSDS), and meets all requirements in the Health and Safety Code Section 11362.775, and as it may be amended;

(4)

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

(5)

The cannabis manufacturing 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;

(6)

(For manufacturing 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.

[Added 2017, Ord. 3357]