Alameda County Municipal Code Ch. 6.106 Cannabis Cultivation

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Editor's note— Ord. No. 2019-20, § 2, adopted June 18, 2019, repealed the former Chapter 6.106, §§ 6.106.010—6.106.210 and 6.106.300, and enacted a new Chapter 6.106 as set out herein. The former Chapter 6.106 pertained to similar subject matter and derived from Ord. No. 2018-17, adopted May 8, 2018 and Ord. No. 2018-40, adopted July 24, 2018.

The purpose and intent of this chapter is to provide a means for permitting and regulating the operation of a limited number of cannabis cultivation sites in a manner that is consistent with state law and which promotes the health, safety and general welfare of the residents and businesses within the unincorporated areas of the County of Alameda.

(Ord. No. 2019-20, § 2, 6-18-19)

The following words and phrases shall have the following meanings when used in this chapter:

"Applicant" means a person who seeks a permit under this chapter by filing an application as provided for in this chapter.

"Application" means that form provided by the director and submitted in accordance with this chapter for the purpose of seeking a permit.

"Cannabis" shall have the same definition as in Business and Professions Code Section 26001(f), which defines "cannabis" as all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For purposes of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

"Cannabis cultivation" or, as used in this chapter, "cultivation" or "Cultivate", means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming, including any associated storage, of cannabis, including cannabis for medicinal use and/or adult-use in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Cannabis cultivation includes the operations of a cannabis nursery. Cannabis cultivation does not mean the temporary maintenance and selling of clones from a permitted retail operation, where such activities are incidental and subordinate to the primary retail operation.

"Cannabis cultivation site" means a premises where one or more commercial cannabis cultivation activities takes place.

"Cannabis distribution" or, as used in this chapter, "distribute" or "distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to the provisions of Division 10 of the California Business and Professions Code.

"Cannabis nursery" means an operation that produces only immature plants (including clones), seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.

"Cannabis operator" or "operator" as used in this chapter means the natural person or designated officer responsible for the operation of any permitted cannabis operation.

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Canopy" means the designated area(s) at a premises that will contain mature plants at any point in time.

"Clone" means the cutting of a cannabis plant that has been re-planted and is non-flowering.

"Community development agency" means the community development agency of the County of Alameda.

"County" means the County of Alameda.

"Director" means the director of the community development agency or his or her designee.

"Field hoop house" means agricultural equipment consisting of a light-weight frame of PVC or 12 gauge or thinner wall steel tubing, or low-pressure air support system, and a removable continuous covering with no attached permanent structural elements (e.g. footings, foundations, plumbing, electrical wiring, etc.) used to modify the environment of plants grown in the soil or in containers upon the soil. A hoop house may also be commonly known as berry hoops, tunnels, caterpillar tunnels, poly tunnels, shade tunnels, net tunnel, low tunnels, or high tunnels. A hoop frame is agricultural equipment and cannot be accessible to the general public or used to house livestock.

"Immature cannabis plant" or "immature plant" means a cannabis plant, including but not limited to clones, which has a first true leaf measuring greater than one-half inch long from base to tip (if started from seed) or a mass of roots measuring greater than one-half inch wide at its widest point (if vegetatively propagated), but which is not flowering.

"Indoor cannabis cultivation" means the cultivation of cannabis within a permanent enclosed structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty-five (25) watts per square foot or such other threshold for indoor cultivation as may be established by the California Department of Food and Agriculture.

"Lot" means a separate parcel of land shown and identified as such on the records of the county recorder or on the final map of an approved and recorded subdivision, excluding therefrom for the purposes of this title any portion thereof which lies within a street, within a lane, or within a fenced-off flood control easement.

"Manufacture" means the process by which the raw agricultural cannabis is transformed into a concentrate, an edible product, topical product or similar cannabis product. Manufacturing includes producing, preparing, propagating, or compounding manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis.

"Mixed-light cannabis cultivation" means the cultivation of cannabis in a greenhouse, hoop-house, glasshouse, conservatory, hothouse, or other similar structure using light deprivation and/or artificial lighting below or equal to twenty-five (25) watts per square foot or such other maximum threshold for mixed-light cultivation as may be established by the California Department of Food and Agriculture.

"Outdoor cultivation" means the cultivation of cannabis, outside of a building or greenhouse, without the use of artificial lighting in the plant canopy area at any point in time. Cultivation within a field hoop house may be considered outdoor cultivation. Use of supplemental lighting to maintain vegetative starts or immature plants shall be considered consistent with this definition.

"Permit" means a cannabis cultivation permit issued by the county to operate a cannabis cultivation site under this chapter.

"Permitted cannabis retail operation" means a facility in possession of a permit issued pursuant to Chapter 6.108 where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, under the authority of the California Medicinal and Adult-Use Cannabis Regulation and Safety Act and as regulated by chapter 6.108.

"Permittee" means a person who holds an effective and current permit under this chapter.

"Person" means any human being or an incorporated or unincorporated business entity or association established under the laws of the state.

"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area.

"Sheriff" means the sheriff of the County of Alameda and his or her authorized representatives.

"State" means the State of California.

(Ord. No. 2019-20, § 2, 6-18-19)

A. It is unlawful for any person to conduct, engage in or allow to be conducted or engaged in, cannabis cultivation in the unincorporated portion of the County of Alameda, unless such cannabis cultivation operation has been granted a legally effective permit issued under this chapter. Notwithstanding the above, the permits issued under this chapter do not provide any protection or immunity for any person from state or federal laws, or from prosecution pursuant to any applicable state or federal laws. The owner, managing partner, corporate officer and/or any other person with primary responsibility for a medical cannabis operation shall maintain such operation in conformity with the terms of this chapter and with the terms of all permits issued pursuant to this chapter.

B. The county shall have in effect no more than ten cannabis cultivation permits. Two of the ten permits may be issued in accordance with Sections 6.106.050 through 6.106.060. The remaining available permits must be selected pursuant to Sections 6.106.070 through 6.106.110 herein.

C. Each cannabis cultivation permit shall expire two years after the date of its issuance or upon the expiration date established by the director, whichever is earlier.

D. The fact that an applicant possesses other types of state or local permits or licenses shall not exempt the applicant from obtaining a cannabis cultivation permit under this chapter.

E. A permittee may cultivate cannabis during the term of the permit only. A permittee shall have no right to cultivate cannabis before or after the expiration of the permit.

F. Each cannabis cultivation site shall comply with all requirements in the Alameda County General Plan, including Measure D (Save Agriculture and Open Space Lands), any applicable specific plans, and Title 17 of the Alameda County General Ordinance Code.

G. More than one premises may be located on a single lot. A separate permit must be issued for each premises on a single lot. Each premises shall only be occupied by one permittee unless otherwise authorized by applicable state laws regulations and county permit(s).

H. In addition to its cultivation activities, a permittee may distribute cannabis cultivated on the same lot as permittee's premises. The permittee may not distribute cannabis cultivated on a different lot.

I. The director may adopt such forms and procedures as are necessary to implement this chapter.

(Ord. No. 2019-20, § 2, 6-18-19)

Prior to commencement of cannabis cultivation or distribution activities, a permittee must obtain a conditional use permit pursuant to Sections 17.06.040 and 17.52.585 of the Alameda County Zoning Ordinance for operation of a cannabis cultivation site that authorizes the cultivation, and if applicable, the distribution activities.

(Ord. No. 2019-20, § 2, 6-18-19)

A. Each application for a cultivation permit by a permitted cannabis retail operation in the unincorporated area of the county shall set forth or incorporate by reference the following information:

1. The full name, date of birth, social security number, present address and telephone number of the applicant.

2. Name and location of applicant's permitted cannabis retail operation.

3. Address of the proposed cannabis cultivation operation and the name and address of the owner(s) of the lot(s) containing the premises.

4. The address to which notice of action on the application is to be mailed.

5. A statement by the applicant that it has the ability to comply with all laws regulating businesses in the State of California and that it shall maintain compliance during the term of the permit.

6. A statement that the applicant accepts and will comply with the standard conditions set forth in this chapter.

7. The names of each person with an ownership interest of more than ten percent in the proposed cultivation operation.

8. Certification, under penalty of perjury, that all the information contained in the application is true and correct.

9. Authorization for the county, its agents and employees to seek verification of the information contained in the application.

10. The applicant's agreement to hold harmless and indemnify the county from all costs and expenses, including attorney's fees, that the county incurs or that is held to be the liability of the county in connection with the county's defense of its actions in any proceeding challenging the county's actions with respect to the permit or cultivation project.

B. The filing of an application shall be deemed complete upon the submission of an application in conformance with this section and payment of the application fees required by Sections 6.106.140 and 6.106.220 and any fee schedule adopted by the county.

C. The director may establish a submission deadline for applications pursuant to this section.

D. It is unlawful to make any false statement or representation or to use or submit any false or fraudulent document(s) in any application made pursuant to this chapter.

(Ord. No. 2019-20, § 2, 6-18-19)

A. The director shall commence review of any application upon its filing. Within thirty (30) business days after the filing of an application, the director shall reject any application and so notify the applicant if the application has been improperly completed or if it is incomplete. The applicant may amend and refile the application within thirty (30) days after such rejection.

B. Upon receipt of a complete application, the director shall approve the application and issue the applicant a notice of intent to grant the permit, if each of the following conditions are met:

1. The applicant operates a permitted cannabis retail operation;

2. The applicant's permitted cannabis retail operation has a record of good standing with the county for at least one year. For the purposes of this section, "good standing" means that the cannabis retail operation has commenced commercial operations and the cannabis retail operation permit has not been suspended or revoked and that there are no pending proceedings for the suspension or revocation of the cannabis retail operation permit.

3. No person who is listed on the application pursuant to subsection (1) or (7) of Section 6.106.050(A) has been convicted of a felony within the past three years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

4. The applicant or the operator listed in the application is at least twenty-one (21) years of age.

C. Upon receipt of a complete application, the director shall deny the application if one or more of the conditions set forth in subsection B above are not met.

D. The notice of intent to grant permit issued pursuant to subsection B shall include notice of the operating conditions that would attach to the permit. Within ten days after notice, the applicant shall either:

1. Certify acceptance of the operating conditions and the standard conditions of the permit and pay all required fees, and the permit shall thereupon issue immediately.

2. If the applicant refuses or fails to certify agreement with any operating condition or standard condition or to pay all required fees, the application shall be denied. The applicant may appeal any condition within ten days after notice of the conditions. Upon either the failure to file a timely appeal or the rejection of the appeal, the application shall be deemed denied.

E. The operating conditions established by the director shall include the requirement for the permittee to obtain: (1) any required state permits or licenses for the operation of a cultivation operation, and (2) all land use entitlements required to operate a cultivation operation. No cultivation permit shall be effective unless and until these conditions of approval are satisfied.

(Ord. No. 2019-20, § 2, 6-18-19)

A. The director will initiate a process to solicit applications for the establishment of one or more cannabis cultivation sites that need not be affiliated with a permitted cannabis retail operation.

B. Each application for the establishment of a cannabis cultivation site pursuant to this section shall be filed with the director and the director shall be responsible for administering the application solicitation and renewal application processes as set forth in this chapter.

C. Wherever this chapter requires the county to give notice to an applicant, appellant or permittee, such notice shall be given by the director, in writing, and shall be delivered either by personal delivery or by certified U.S. mail, postage prepaid, return receipt requested.

D. No person or facility that purports to have cultivated cannabis prior to the enactment of this chapter and issuance of a permit hereunder shall be deemed to have been a legally established cultivation operation under the provisions of this chapter, and such person or facility shall not be entitled to claim a legal nonconforming status.

(Ord. No. 2019-20, § 2, 6-18-19)

A. In response to a solicitation for applications initiated by the director, each application for a cultivation permit pursuant to Section 6.106.070 shall set forth or incorporate by reference the following information in a standard form adopted by the director:

1. Address of the proposed cannabis cultivation site and the name and address of the owner(s) of the lot(s) containing the premises.

2. The full name, date of birth, social security number, present address and telephone number of the applicant.

3. The address to which notice of action on the application is to be mailed.

4. All residential addresses of the applicant for the five years immediately prior to the date of the application.

5. Written proof that the applicant is twenty-one (21) years of age or older (i.e., California driver's license, California identification card or birth certificate).

6. The height and weight and the color of eyes and hair of the applicant.

7. Photographs of the applicant for identification purposes to be taken by the sheriff.

8. The names and addresses of all businesses operated by and the employment history of the applicant for the five years immediately prior to the date of the application.

9. The address of all cannabis operations, including but not limited to cultivation sites or retail operations, that currently are or previously had been operated by the applicant and a statement of whether the authorization for any such operation had been revoked or suspended and, if so, the reason therefor.

10. The names and telephone numbers of the person or persons to be regularly engaged in the operation of the proposed cannabis cultivation site, whether an employee, volunteer or contractor. The application shall also identify those persons, including telephone numbers (i.e., emergency contact), having management and supervisory responsibilities for the proposed cannabis cultivation site. Every person listed as owner, manager, supervisor or employee must submit fingerprints and other necessary information for a background check to the Alameda County Sheriff's Office, and be photographed for identification purposes. In addition, any new employees, independent contractors, other persons and/or volunteers who will be regularly engaged at the proposed cannabis cultivation site must submit their information to the sheriff's office within five days prior to their employment.

11. A security plan containing a detailed description of the proposed security arrangements for ensuring the safety of persons from theft and robbery and protection of the premises from theft and burglary. The security plan shall be submitted for review and approval by the sheriff, and shall include a lighting plan showing existing and proposed exterior and interior lighting levels, alarms and security surveillance cameras. Security video shall be maintained for thirty (30) business days and shall be made available to the sheriff upon request. The video system for security cameras must be located in a locked, tamper-proof compartment. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. The security plan shall include the provision of a suitable locked safe on the premises for after-hours storage of cannabis.

12. A site plan, consisting of a sketch or diagram showing the entire lot(s) containing the premises. The site plan shall show the entire premises, including all buildings, accessory structures, storage, and parking areas. The site plan shall show the interior configuration of the greenhouse or other structure housing all cultivation or distribution activities. The site plan shall include a statement of the floor area occupied by each structure at the premises. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the greenhouse or other structure housing cultivation activities to an accuracy of plus or minus twelve (12) inches.

13. A description of the external appearance of the cannabis cultivation site, including a precise depiction of any signage and access roads. All signage shall comply with the county general plan, zoning ordinance and any applicable specific plan.

14. A description of products to be cultivated on the premises.

15. A description of any distribution activities proposed on the premises, which may only include distribution of cannabis cultivated on the same lot as the premises.

16. If the application proposes cultivation or distribution of cannabis for medicinal purposes, the mission statement of the cannabis cultivation site with respect to meeting the medicinal needs of patients.

17. A description of the methods by which the applicant will mitigate any potentially adverse impacts, such as traffic, light, odors or noise, on surrounding property owners. The cannabis cultivation site shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated on the premises is not detected outside the lot(s) on which it operates.

18. Authorization for the county, its agents and employees to seek verification of the information contained in the application.

19. Written certification that the applicant has reviewed and understands and accepts the standard conditions provided in this chapter and any performance standards for cannabis cultivation or distribution that may be adopted by the director. Written certification that the applicant will comply with all county ordinances, including building, zoning and health codes, allow inspections to ensure conformance with such regulations, cooperate with County agencies' efforts to monitor the cultivation operator's compliance with this applicable ordinances and with all conditions of permits issued pursuant to this code, and pay any county fees assessed for monitoring permittee's compliance.

20. Certification, under penalty of perjury, that all the information contained in the application is true and correct.

21. A statement by the applicant that it has the ability to comply with all laws regulating businesses in the State of California and that it shall maintain compliance during the term of the permit.

22. An operating plan specifically describing how the cannabis cultivation site will operate consistent with state and local law, including but not limited to: The minimum staffing levels for operation of the cannabis cultivation site, policies and procedures for record keeping, specific details of the cultivation operation's compliance with state track and trace requirements, specific details regarding product testing, and other relevant information regarding the operation of the proposed cannabis cultivation site and including a copy of the cultivation operation's labor peace agreement when required by California Business and Professions Code Section 26051.5 to enter into or abide by a labor peace agreement.

23. Category of state cannabis license(s) the applicant holds or intends to apply for.

B. The filing of an application shall be deemed complete upon the submission of an application in conformance with this section and payment of the application fees required by Sections 6.106.140 and 6.106.220.

C. It is unlawful to make any false statement or representation or to use or submit any false or fraudulent document(s) in any application made pursuant to this chapter.

(Ord. No. 2019-20, § 2, 6-18-19)

A. The director shall commence review of any application received pursuant to Section 6.106.080 immediately upon its filing and shall complete such initial review within the time period established in the solicitation process for cannabis cultivation permits, but in no event shall the initial review exceed sixty (60) days. In conducting this review, the following county agencies shall comment on specific portions of the application:

1. The sheriff shall be responsible for verifying factual information in the application, including names, addresses and other information on the applicant, operator and employees of the proposed cultivation operation.

2. The sheriff shall comment upon the adequacy of security measures that are described in the application, the security plan, the site plan, and other relevant aspects of the application.

3. The community development agency shall comment upon the proposed location's compliance with zoning regulations and conditions that are needed to mitigate adverse impacts on surrounding uses.

4. If the operation will produce cannabis for consumption by medicinal consumers, the health care services agency shall comment upon the services to be provided and the mission statement set forth in the application.

B. Within twenty (20) business days after the filing of an application, the director shall reject any application and so notify the applicant, if the application has been improperly completed or if it is incomplete. The applicant may amend and refile the application within ten days after such rejection.

C. At the conclusion of the initial review, the director shall notify the applicant of the results of the initial review of the application.

(Ord. No. 2019-20, § 2, 6-18-19)

A. Upon completion of the initial review, the director shall reject any permit application that meets any of the following criteria:

1. The proposed cultivation operation does not comply with requirements of this chapter.

2. The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact from the application.

3. The proposed cultivation operation at the proposed location is prohibited by any state or local law or regulation.

4. Any person who is listed on the application pursuant to subsection (A)(10) of Section 6.106.080 has been convicted of a felony within the past three years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.

5. The applicant or the operator listed in the application is less than twenty-one (21) years of age.

6. The health care services agency has determined, for an operation that will produce cannabis for consumption by medicinal consumers, that the application for a cannabis cultivation site has failed to state a health care purpose that fulfills the purposes of Sections 11362.5, et seq. of the California Health and Safety Code.

7. The applicant is delinquent in the payment of any applicable state or County taxes and fees.

B. Any application that is not rejected upon completion of the initial review shall be deemed an eligible application and submitted to the final selection phase of the solicitation process.

(Ord. No. 2019-20, § 2, 6-18-19)

A. The final selection phase of the solicitation process shall include selection from the eligible applications and the establishment of operating conditions for any permits issued under this chapter to the selected eligible applicants. The final selection process shall not exceed sixty (60) days in the absence of an appeal.

B. If the number of eligible applications is the same as or less than the allowable number of cannabis cultivation sites allowed pursuant to Section 6.106.030, then all responsible applications shall be submitted for establishment of operating conditions as set forth in subsection C of this section. If the number of eligible applications exceeds the maximum number of cannabis cultivation sites pursuant to Section 6.106.030, then a competitive evaluation process shall be conducted in which applicants are scored and ranked with the director recommending issuance of a permit to the highest ranked, eligible and responsible applicants. The director may establish a minimum required score or other mechanism to disqualify or reject applications determined to be irresponsible.

C. The director may establish operating conditions for cannabis cultivation sites for each eligible, responsible application that has been submitted for final selection. The operating conditions shall be limited to those that are necessary to carry out the purposes of this chapter and to mitigate specific and foreseeable adverse impacts on properties in the vicinity.

D. At the conclusion of the final selection process outlined above, the director shall give notice to the cultivation permit applicant of the operating conditions that would attach to the permit. Within ten days after notice, the applicant shall either:

1. Certify acceptance of the operating conditions and the standard conditions of the permit and pay all required fees, and the permit shall thereupon issue immediately.

2. If the applicant refuses or fails to certify agreement with any operating condition or to pay all required fees, the application shall be denied. The applicant may appeal any condition within ten days after notice of the conditions. Upon either the failure to file a timely appeal or the rejection of the appeal, the application shall be deemed denied.

E. The operating conditions established by the director shall include the requirement for each selected applicant to obtain: (1) any required state permits or licenses for the operation of a cultivation operation, including distribution, if applicable, and (2) all land use entitlements required to operate a cultivation operation, including distribution, if applicable. No cultivation permit shall be effective unless and until these conditions of approval are satisfied.

F. In the event that an additional permit becomes available subsequent to the scoring and ranking of applications pursuant to subsections A and B above, the director may issue a permit to the next highest ranked applicant by following the procedures in subsections C through E, above.

(Ord. No. 2019-20, § 2, 6-18-19)

A. An applicant aggrieved by the decisions described in Section 6.106.060, 6.106.110 or 6.106.180 may appeal that decision to the Board of Supervisors within ten days following the date of issuance of that decision by filing with the clerk of the Board of Supervisors or the director a notice of appeal specifying the grounds for such appeal. Filing such notice shall stay all proceedings in furtherance of the decision appealed from, including the proceedings related to the applications or permits of other applicants potentially affected by the Board of Supervisors' decision on the appeal. The director is designated as an agent of the clerk of the board for purposes of receiving a notice of appeal.

B. The Board of Supervisors shall give written notice of the time and place for hearing any appeal filed pursuant this section. Such notice shall be given to the applicant and to the community development agency, and to any other person requesting such notice and depositing with the clerk of the board a self-addressed, stamped envelope to be used for that purpose.

C. The Board of Supervisors may hear additional evidence and may sustain, modify, or overrule any order brought before it on appeal and may make such findings and decisions as are not inconsistent with state law and county ordinances. The Board of Supervisors may also remand the decision to the director for reconsideration of his or her decision in light of new information not previously presented to the director. If no motion relative to the order appealed attains a majority vote of the Board of Supervisors within thirty (30) days from the date of the hearing by said board thereon, said order of the director shall stand sustained and be final.

D. For any appeals concerning a decision described in Section 6.106.110, the Board of Supervisors' review shall be limited to determining whether CDA materially erred in conducting the selection process with respect to following the RFP, county ordinances or state law. The Board of Supervisors shall not re-judge the proposals, alter the scoring or ranking of the proposals, or consider new evidence concerning the merits of the proposed cultivation operation.

E. Any appeal that is not timely filed or otherwise fails to comply with subsection A of this section will be deemed ineffective by the director and the administrative determination that is being appealed will become final.

(Ord. No. 2019-20, § 2, 6-18-19)

A. Throughout the term of the cannabis cultivation operator permit, each permittee shall not violate this chapter, shall comply with the following standard conditions and shall not allow or tolerate violations of these standard conditions to occur at the cultivation site:

1. Limited Authorization. Permittee may conduct activities involving the planting, growing, harvesting, drying, curing, grading, or trimming and associated storage of cannabis, including but not limited to nursery operations, and distribution of cannabis produced on the same lot as the premises. Such cultivation activities may only commence upon issuance of and pursuant to a conditional use permit. All cultivation activities that do not comply with the provisions of Sections 26000, et seq., of the Business and Professions Code, CalCannabis Regulations at 3 C.C.R. Div. 8, Ch. 1 (Sections 8000, et seq.), and the terms of the permit and this chapter are prohibited.

2. Outdoor Cultivation. Outdoor cultivation may be permitted if approved by the permittee's conditional use permit. Continuation of the outdoor cultivation will be considered at the time of conditional use permit review. The cultivation area must be secured by fencing and the cannabis must not be visible from the exterior of the premises. All drying, curing, grading, or trimming and associated storage and distribution of cannabis must occur either onsite within the interior of an enclosed, secured structure or offsite at licensed processor or distributor. The minimum parcel size for outdoor cultivation activity eligibility shall be no less than twenty-five (25) acres.

3. Indoor or Mixed-Light Cultivation. To qualify as an indoor or mixed-light cultivation site, all planting, growing, harvesting, drying, curing, grading, or trimming and associated storage and distribution of cannabis must occur within the interior of an enclosed, secured structure, such as a greenhouse or hoop house. Cannabis must not be visible from the exterior of the premises.

4. Maximum Cultivation Area. The maximum area permitted for cultivating mature cannabis plants shall be consistent with the maximum allowance pursuant to the MAUCRSA for a Medium Type 3A (indoor) or 3B (mixed light) up to twenty-two thousand (22,000) square feet of canopy or a Medium Type 3 (outdoor) up to one acre of canopy until 2023. Canopy size shall be determined in accordance with the following:

a. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries;

b. Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and

c. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

The maximum area permitted for growing immature cannabis plants is twenty-two thousand (22,000) square feet for nurseries and five thousand (5,000) square feet for all other cultivation operations. The permittee shall provide the director upon request a description of the location within the premises and total size of the area used for growing immature plants.

5. Distribution. Permittees may only perform the type of distribution processes listed on their cultivation operator permit (e.g., making testing arrangements, packaging, labeling, re-labeling, or rolling). All transportation shall comply with state statutes and regulations, including but not limited to those regarding the transport vehicle, age of personnel driving vehicle, and shipping manifests. All cultivation activities that do not comply with the provisions of Sections 26000, et seq., of the Business and Professions Code, Bureau of Cannabis Control Regulations at 16 C.C.R. Div. 42 (Sections 5000, et seq.), and the terms of the permit and this chapter are prohibited.

6. Track and Trace. Permittee shall comply with state track and trace program requirements and maintain records of the disposition of all cannabis, including each plant, cultivated or distributed on the premises, any transfers associated with commercial cannabis activity between licensees, and any cannabis waste.

7. Cultivation and Limited Distribution Only. Unless and until a local permit and state license allowing cannabis manufacturing uses (e.g., Type 12, Microbusiness and Chapter 6.109 Combined Cannabis Operator) has been issued for the cultivation site, cannabis may not be manufactured on the premises.

8. No On-Site Ingestion. No cannabis shall be smoked, ingested or otherwise consumed on the premises of a cultivation site.

9. Age Restrictions. No person who is less than twenty-one (21) years of age may be employed or otherwise engaged in the cultivation operation. No person under the age of twenty-one (21) shall be allowed on the premises. The entrance to the building area of the cultivation site shall be posted with a notice that states the restrictions on the presence of persons under the age of twenty-one (21).

10. Display Permit. Each cultivation site shall conspicuously display the cultivation permit.

11. Alcohol Restrictions. No permittee may hold a license from the State Department of Alcohol Beverage Control to sell alcoholic beverages, nor may it include a business that sells alcoholic beverages on the same premises. No alcohol may be stored, sold, dispensed or used on the same premises.

12. Employee Registry. Each permittee shall maintain a current registry of persons, including, but not limited to, employees, contractors and volunteers, who are regularly engaged in the operation of the cultivation site. The registry shall be provided to the director at any time upon request. The registry shall include the name, current residential address, telephone number, date of birth and the height, weight and color of eyes and hair of each such person. In addition, any new employees, independent contractors, other persons and/or volunteers to be regularly engaged in the operation of the proposed cannabis cultivation site must submit their information to the sheriff's office within five days prior to their employment or engagement.

13. Eligibility. No person who has been convicted of a felony within the past three years may be actively engaged in the operation of any cultivation site. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. A permittee shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. All safety and security measures shall be detailed in a site security plan, which must be approved by the sheriff's office.

14. Lighting. Permittees using artificial lighting shall shield structures, including greenhouses, so that light shall not escape at a level that is visible from neighboring properties between sunset and sunrise. Lighting that is visible from the exterior of the cultivation area is prohibited, except such lighting as is reasonably utilized for the security of the premises.

15. Liaison. The permittee shall provide the director with the name, telephone number and facsimile number of a community relations contact to whom one can provide notice of problems associated with the cultivation site. The permittee shall make a good faith effort to resolve problems without the need for intervention by the county.

16. Inspections. Permittees must consent to periodic on-site compliance unannounced inspections to be conducted by appropriate officials. Inspections will initially occur two times per year, but the frequency and number of inspections may change at the discretion of the planning director.

17. Fees. Permittees must timely remit payment for all application, program, and inspection fees.

18. Conditions. Permittees must comply with any special conditions or conditions of approval applicable to the permit, parcel, or project and any performance standard that may be adopted by the director.

19. Fuels and Agricultural Additives. Storage, use and handling of any fuels, fertilizer, pesticide, fungicide, rodenticide, or herbicide shall be in compliance with applicable state and local laws and regulations, and in such a way that prevents spillage.

20. Noise. Permittees must comply with the county noise ordinance.

21. Water. Any trucked water for general cultivation purposes must be drawn from a municipal water source. Any trucked water drawn from an aquifer in the South Livermore Valley Plan Area shall not be allowed for general cultivation purposes.

22. Labor Conditions. Permittees shall comply with all applicable federal, state, and local laws and regulations governing California agricultural employers, which may include: Federal and state wage and hour laws, CAL/OSHA, OSHA, California Agricultural Labor Relations Act, and the County Ordinance Code.

23. Permittees shall conduct operations to ensure the safety of cannabis products and employees. The director may adopt with all applicable federal, state, and local laws and regulations governing California agricultural employers, which may include: Federal and state wage and hour laws, CAL/OSHA, OSHA, California Agricultural Labor Relations Act, and the County Ordinance Code.

24. Processing Safety. A permittee shall comply with all county ordinances, including building, zoning and health codes, and shall allow inspections to ensure conformance with such regulations. A permittee shall cooperate with county agencies' efforts to monitor the permittee's compliance with applicable ordinances and with all conditions of permits issued pursuant to this code. The county may assess fees for monitoring permittee's compliance.

25. Restrooms. A permittee must have appropriate restroom facilities that will accommodate all employees regardless of gender.

26. Testing. A permittee shall submit its cannabis products for analytical testing at an accredited testing laboratory, as defined in Business and Professions Code Section 26001(at) and in accordance with state regulations.

27. A permittee shall use devices that meet the standards of the California Department of Food and Agriculture's Division of Measurement Standards for all weighing and measuring devices, including but not limited to scales and scanners; register with Alameda County Sealer of Weights of Measures; allow inspections and sealing of all weighing and measuring devices, including scanners or POS systems; and comply with all other requirements in Division 5 of California Business and Professions Code related to weights and measures, Title 4 Division 9 of the California Code of Regulations, and any relevant Alameda County ordinance.

28. Waste.

a. Solid and liquid wastes generated during cannabis production and processing must be stored, managed, and disposed of in accordance with applicable state and local laws and regulations.

b. Wastewater generated during cannabis production and processing must be disposed of in compliance with applicable state and local laws and regulations.

c. Wastes from the production and processing of cannabis plants must be evaluated against the state's hazardous waste regulations to determine if those wastes are classified as hazardous waste. It is the responsibility of each permittee to properly evaluate their waste to determine if it is designated as a hazardous waste. If a permittee's waste does qualify as a hazardous waste, then that waste is subject to the applicable management and disposal standards. A cannabis plant, usable cannabis, trim and other plant material in itself is not considered hazardous waste unless it has been treated or contaminated with a solvent.

d. Cannabis byproducts or wastes that do not qualify as hazardous including but not limited to trim, roots, stalks, leaves, and stems, must either be rendered unusable prior to leaving the cultivation site or be fully accounted for in the permittee's track and trace system.

29. A permittee shall fully comply with the terms of its approved security plan, floor plan, operating plan.

B. In order to minimize any adverse impacts on surrounding properties or residents, the standard operating conditions that are set forth in this section may be modified upon the issuance of the permit or upon ten days' notice during the term of the permit.

C. During the term of each permit, the county shall require the permittee to comply with the standard operating conditions that are set forth in this section or as they may be modified in accordance with subsection B of this section and, in addition, any such operating conditions that may be established pursuant to subsection D of Section 6.106.060 or subsections C and D of Section 6.106.110.

D. At any time during the operation of a cultivation operation and without notice, the director, acting in conjunction with other appropriate county officials, may enter the premises for the purpose of observing compliance of the permittee with the conditions of its permit.

E. Release of the County from Liability. The owner and permittee of each cultivation operation shall release the county, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of cultivation operation owners, permittees, operators, employees, or clients for violation of state or federal laws in a form satisfactory to the director.

F. County Indemnification. The owners and permittee of each cultivation operation shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by adjacent or nearby property owners or other third parties due to the issuance of the permit, adoption or enforcement of conditions of the permit, or operations at the cultivation operation, and for any claims brought by any of their clients for problems, injuries, damages or liabilities of any kind that may arise out of the cultivation, distribution, and/or on- or off-site use of cannabis provided by the permittee in a form satisfactory to the director.

(Ord. No. 2019-20, § 2, 6-18-19; Ord. No. 2021-28, § 2, 6-3-21)

A. Each cannabis cultivation permit shall expire two years after the date of its issuance or upon the expiration date established by the director, whichever is earlier.

B. Any permit may be renewed by the director for successive periods of up to two years each upon the submission of a renewal application by the permittee. At the time of consideration of a renewal application, the county shall consider compliance with conditions in the prior term and whether the permittee has made substantial progress toward implementing the permit.

C. Any application for renewal shall be filed at least forty-five (45) days before expiration of the permit.

D. Any application for renewal may be rejected if:

1. The application is filed less than forty-five (45) days before its expiration.

2. The permit is suspended or revoked at the time of the application; provided, however, that an application for renewal may be filed within ten days after the granting of a permittee's appeal of the suspension or revocation of a permit.

3. The cultivation operation authorized by the permit has not been in regular operation in the four months prior to the renewal application.

4. The cultivation operation fails to conform to the criteria set forth in Section 6.106.100(A).

(Ord. No. 2019-20, § 2, 6-18-19)

Each applicant shall reimburse the county for all staff costs, any consultant costs and any direct costs attributable to reviewing the application, conducting any required studies, acting upon the application, and verifying and enforcing compliance. The Board of Supervisors may establish a schedule of fees, which may include nonrefundable fees, in order to reimburse the county for such costs.

(Ord. No. 2019-20, § 2, 6-18-19)

A. No permittee may transfer a permit to another cannabis operator or premises without authorization by the county, granted in accordance with this section.

B. A permittee shall apply for transfer of a permit by submitting, jointly with the proposed transferee, an application that complies with Section 6.106.080. The director shall verify information in the application and shall approve the transfer unless it fails to comply with the requirements of this chapter, the standards set forth in Section 6.106.100 or such other minimum score or standards as may be established by the director pursuant to Section 6.106.110(B).

C. Before a transfer of a permit may become effective, the transferee shall certify acceptance of the operating conditions and the standard conditions of the permit and pay all fees required by Sections 6.106.140 and 6.106.220.

(Ord. No. 2019-20, § 2, 6-18-19)

A permittee shall not conduct any manufacturing of cannabis on the premises. A permittee shall not sell, dispense or deliver cannabis to retail customers from the premises unless separately permitted by a cannabis retail operator or delivery permit pursuant to Chapter 6.108 of this code or by a combined cannabis operation permit pursuant to Chapter 6.109 of this code.

(Ord. No. 2019-20, § 2, 6-18-19)

Any person violating any of the provisions of this chapter or of a permit issued pursuant to this chapter, is guilty of a misdemeanor. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter or the permit is committed, continued or allowed in conjunction with the operation of a cannabis cultivation site and is punishable accordingly. For purposes of this section, each and every day of violation includes each day on which a failure to comply with this chapter or any conditions of a permit issued pursuant to this chapter continues. No proof of knowledge, intent, or other mental state is required to establish a violation of the chapter or permit.

In addition to the penalties provided above, any condition caused or allowed to exist in violation of any of the provisions of this chapter or of a permit issued pursuant to this chapter, shall be deemed a public nuisance and shall create a cause of action for injunctive relief and penalties pursuant to Chapter 17.59 of this code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 2019-20, § 2, 6-18-19)

A. The director may revoke or suspend a permit when it shall appear that the permittee has committed any of the following actions:

1. Violates the operating or standard conditions of the permit or the requirements of state or local laws.

2. Fails to take reasonable measures to control disturbances, loitering or such other problems on the premises.

B. The director shall provide the permittee with written notice of the suspension or revocation that shall describe the grounds for revoking or suspending the permit.

C. The permittee subject to the revocation or suspension may appeal the determination of the director to the Board of Supervisors within ten days after the date of the notice of the decision of the director. The Board of Supervisors shall act upon the appeal in accordance with Section 6.108.120.

(Ord. No. 2019-20, § 2, 6-18-19)

Nothing in this chapter shall be construed to: (1) allow persons to engage in conduct that endangers others or causes a public nuisance; (2) exempt cannabis cultivation operations from compliance with zoning and land use regulations, or, (3) allow any activity relating to the manufacturing, distribution, or consumption of cannabis that is illegal under state or federal law.

(Ord. No. 2019-20, § 2, 6-18-19)

The provisions of this chapter are hereby declared to be severable. If any provision, clause, word, sentence or paragraph of this chapter or the application thereof to any person, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter.

(Ord. No. 2019-20, § 2, 6-18-19)

Judicial review of a final decision made under this chapter may be had by filing a petition for a writ of mandate with the superior court in accordance with the provisions of Section 1094.5 of the California Code of Civil Procedure. Any such petition or any other action seeking judicial review shall be filed within ninety (90) days after the day the decision becomes final.

(Ord. No. 2019-20, § 2, 6-18-19)

A. The applicant shall pay the following non-refundable fees to reimburse the county in accordance with Section 6.106.140 of this chapter. The director may adopt such forms and procedures as necessary to collect the fees.

B. For the following fee types, the applicant shall pay fees sufficient to reimburse the county for its actual costs in accordance with Section 6.106.140 of this chapter and Section 17.54.620 of Title 17 of this code. The applicable fee rates shall be those duly adopted by the county and in effect at the time the county work is performed or the cost is incurred. The director may collect such fees in advance as a refundable deposit in such amounts as may be established by the director. The director may adopt such forms and procedures as necessary to collect the fees.

C. If the director determines that, in addition to the routine inspections pursuant to the cannabis cultivation permit annual regulatory program fee in subsection A, additional inspections or abatement actions are required to enforce compliance with this chapter or with Title 17 of this code, the applicant shall pay fees sufficient to reimburse the county for its actual costs incurred to conduct such inspections and abatement actions, which may include staff time plus actual abatement costs. The applicable fee rates shall be those duly adopted by the county and in effect at the time the county work is performed or the cost is incurred. The director may collect such fees in advance as a refundable deposit in such amounts as may be established by the director. The director may adopt such forms and procedures as necessary to collect the fees.

D. The fees in subsection A shall be reviewed annually by the county and may be amended if necessary to appropriately reimburse the county for its actual costs.

E. The fee rates and deposit amounts in subsection B shall be reviewed annually by the director and may be amended if necessary.

(Ord. No. 2019-20, § 2, 6-18-19)

A. Prior to the issuance of a permit or permit renewal under this chapter, and at all times while holding a permit, permit applicants and permittees shall be current with their monthly child support obligations. If the applicant or permittee has an account with past due child support arrears, he/she must have that balance at zero or have verification from the county department of child support services that they have been in and remain in compliance with an agreed or court ordered payment plan in order to remain eligible for the permit. In determining compliance the department will consider all relevant financial circumstances of the applicant or permittee with the overall goal of removing barriers to employment.

B. Permittees shall provide the county department of child support services a quarterly list of all employees employed by the permittee at any time during the quarter. Reports are due by the 15th of the month following the end of the quarter (March, June, September and December). The list shall include names, addresses, phone numbers and social security numbers for all employees.

C. If the permittee uses a payroll withholding process, the permittee must comply with any income withholding order for child support for any employee in the permittee's employ. In addition, if the income withholding order is for an owner or part-owner of the business, the business shall also comply with the income withholding order and provide necessary tax information if self-employed for purposes of determining accurate child support orders.

(Ord. No. 2019-20, § 2, 6-18-19)